Imatges de pàgina
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of any such ship or vessel, &c. so being moored, fastened, anchored, or placed, shall not happen to be then on board the same, then the owner or owners thereof, whether he, she, or they shall happen to be then on board the same or not, (penalty,) shall forfeit a sum not exceeding the sum of £10 for every tide which such ship or vessel, &c. shall stay and remain so moored, anchored, or placed. § 3.

Power to remove private ships.-And for the prevention of any damage which might otherwise be occasioned to his Majesty's moorings, &c. and also for the prevention of delay in the public service; it is enacted, that in case the owner, master, or other person on board, for the time being, having the charge or command of any private ship of war, transport, or other private or merchant ship or vessel, lighter, barge, boat, or other craft, which shall be moored or fastened to any of his Majesty's moorings, &c. or which shall in any manner be moored, anchored or placed within any such distance as aforesaid, so to be appropriated to and for the sole use and purpose of moorings for his Majesty's ships or vessels of war, or hired armed ships or vessels in his Majesty's service, or within any such distance so to be specified as aforesaid from his Majesty's docks, dock-yards, &c. or within any such spaces so to be directed to be kept open as aforesaid, or in the fair way or channel of or across the stream in any such port, harbour, haven, or navigable river, so as to obstruct the passage, or entrance into the same, shall neglect or refuse to unmoor and to remove any such ship or vessel, &c. which shall be moored, an chored, or placed as aforesaid, out of and beyond such spaces and distances as aforesaid, and also out of such fair way, channel, or stream as aforesaid, for the space of one hour next after notice to him or them given in writing, or left on board such ship or vessel, &c. for that purpose, by one of his Majesty's naval or dock-yard officers; that then it shall be lawful for any person so to be appointed harbourmaster as aforesaid, and also for any officer belonging to any of his Majesty's ships or vessels of war, docks, dock-yards, or arsenals, and for any person or persons acting in his or their aid or assistance, and he and they is and are hereby authorized and empowered to unmoor such ship or vessel, &c., and also to remove the same to some proper place out of and beyond such spaces and distances as aforesaid, and also out of such fair way, channel, or stream; (penalty for neglect;) and every such owner, master, or other person, so neglecting and refusing as aforesaid, shall for every such offence forfeit and pay the further sum of £10. § 4.

Notice when his Majesty's moorings are hooked.-And whereas it sometimes happens that his Majesty's mooring anchors are hooked by the anchors of -private ships of war, transports, and other private and merchant ships or vessels by accident, and without the default of the owners, masters, or other persons having the charge or command thereof; but great danger and damage are and may be occasioned by unhooking the same, or by leaving the anchors of such moorings in an unsafe manner, or in an improper place; for prevention thereof, be it enacted, that whenever any private ship of war, transport, or other private or merchant ship or vessel, shall in any manner, either by accident or otherwise, hook any of his Majesty's moorings, the owner, master, or other person having the charge or command of such ship or vessel, shall not proceed to unhook the same, under the penalty of £10, to be paid by every such owner, master, or other person; but shall forthwith give notice thereof to the king's harbour-master, com

oner of the navy, or other chief officer of his Majesty's dock-yard aval-yard, whichever shall be nearest to the place where the same happen, in order that full and effectual aid and assistance may be with given, for the purpose of clearing such private ship of war, sport, or other private or merchant ship or vessel, from such moor, without damage to the same; for which said aid and assistance, y such master, owner, or other person shall pay such reasonable of money, not exceeding £5, as shall be adjudged in a summary , by any commissioner of the navy or justice of the peace, to be reered in the same manner as any penalty or forfeiture is by this act cted to be recovered, and with such power of commitment, on -payment thereof, as in cases of penalties and forfeitures under this $5.

Places appointed for breaming ships, and for leaving and receiving powder. And further, that it shall be lawful for the said lord high niral, or three or more of the commissioners for executing the said ce, and he and they is and are hereby authorized and empowered, in time to time, by order or notice in writing under his or their pective hand or hands, or the hand of his or their secretary, to proit the breaming of any ships or vessels, lighters, barges, boats, or her craft, at any place or places on shore, where it may to them em proper and necessary to prohibit the same, and also to order at hat place or places, within or near all or any of such ports, harbours, vens, roads, roadsteads, sounds, channels, creeks, bays, and navible rivers in this kingdom as aforesaid, no private ships of war, ansports, or other private or merchant ship or vessel, &c. shall me, or be laden with or having on board thereof any quantity or uantities of gunpowder, exceeding five pounds weight in the whole; ad also to appoint fit and proper places, either afloat or on shore, here all gunpowder, exceeding five pounds weight in the whole, shall nd may be left and deposited, by and from, or taken and received to any such ships or vessels, lighters, barges, boats, or other craft; which orders, notices, and appointments of such places shall be otified in the London Gazette; and that the master-general or prinipal officers of his Majesty's ordnance, or any three of them for the ime being, shall appoint fit and proper persons there, to take in and eceive, and also to give and deliver out all such gunpowder, and upon he taking in thereof to give receipts for the same, and also to grant a certificate to any such owner, master, or other person, of his having eft and deposited all such gunpowder, and having made and signed a declaration in writing under his hand, of his having so done, and that heither he nor any other person or persons, to his knowledge or belief, had any gunpowder, exceeding five pounds weight in the whole, then on board such ship or vessel, lighter, barge, boat, or other craft, s the case may require; which declaration every such master, owner, or other person, is hereby required to make, as the case may require, and for which said certificate the sum of one shilling and no more shall be paid: and every such person so to be appointed as aforesaid shall be accountable to the owner or owners of all such gunpowder for the same, and shall deliver the same to such owner or owners thereof upon demand, on being paid such reasonable sum of money for warehouse room, in proportion to the quantity of such gunpowder, and the time for which the same shall have been kept, as shall be ascertained and fixed, either by the said lord high admiral, or three o more of the commissioners for executing the office of lord high adr

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aforesaid, or by the master-general and principal officers of his Majesty's ordnance, or any three or more of them, by any rule, order, or regulation, so made in that behalf; and that no ship or vessel having or having had any such quantity of gunpowder on board, shall be allowed to clear at the custom-house in any port where there shall be any such place so to be appointed as aforesaid, without producing and leaving such certificate, together with the Christian and surname of the pilot (if any) who piloted such ship or vessel into such port, at the custom-house of such port; and all and every owner, master, pilot, or other person having the charge or command of any private ship of war, transport, or other private or merchant ship or vessel, lighter, barge, boat, or other craft, which shall come, arrive, or be (except in cases of stress of weather) within any of the distances so to be specified as aforesaid, having on board thereof any quantity or quantities of gunpowder exceeding five pounds weight together in the whole, or which, having come in under stress of weather, shall not unship and deliver all such gunpowder within the space of twenty-four hours next after the ceasing of such weather (and thereof forthwith give notice at the custom-house to excuse the production of such certificate) shall forfeit and pay the sum of £5 for each and every five pounds weight of gunpowder which shall be found, or which shall have been on board any such ship or vessel, lighter, barge, boat, or other craft, within any of the distances so to be specified as aforesaid, and so in proportion for any greater or less quantity; and every such pilot, who shall wilfully and knowingly offend in the premises, and shall be thereof lawfully convicted, shall for ever thereafter be rendered incapable of acting as a pilot. § 6.

Penalty on breaming ships, except at appointed places.--And further, no private ship of war, transport, or other private or merchant ship or vessel, lighter, barge, boat, or other craft whatever, shall be breamed afloat in any of the ports, harbours or havens, or other places in this kingdom, for which any such rules, orders or regulations shall be made as aforesaid, or in which the same shall be in force, nor at any place on shore where such breaming shall have been prohibited as aforesaid, upon pain that every person offending therein shall for every such offence forfeit and pay the sum of £5; and that no fire shall be kept on board of any such ship or vessel, &c. in any such port, harbour or haven, between the hours of eleven in the evening and five in the morning, from the 1st October to the 31st March inclusive; nor between the hours of eleven in the evening and four in the morning, from the 1st April to the 30th September inclusive, in every year; upon pain that every owner, master, or other person, having the charge or command of any such ship or vessel, &c. shall for every such offence forfeit and pay the sum of £5; and that no pitch, tar, rosin, turpentine, grease, tallow, oil, or any other combustible matter whatsoever, shall be boiled or heated on board any such ship or vessel, &c. within the distance of 250 yards from any of his Majesty's ships or vessels of war, or hired armed ships or vessels in his Majesty's service, in any of the ports, harbours, havens, roads, roadsteads, creeks, sounds, bays, or navigable rivers as aforesaid, where the same may happen to be; nor within the distance of 250 yards from any of his Majesty's docks, dock-yards, arsenals, or wharfs, upon pain that every owner, master, or other person, having the charge or command of any such ship or vessel, &c. shall for every such offence forfeit and pay the sum of £5. § 7.

nalty on keeping guns shotted.--And further, if any owner, masor other person, having the charge or command of any private of war, transport, or other private or merchant ship or vessel soever, shall, while such ship or vessel shall lie, or be in any of ports, harbours, &c. within the United Kingdom as aforesaid, any gun or guns of and belonging to such ship or vessel shotted aded with ball, or shall fire or discharge, or cause or permit to be or discharged, any gun or guns on board such ship or vessel therein, before sun-rising or after sun-setting, every such owner, er, or other person as aforesaid, shall, for every such gun so kept ted or loaded, forfeit the sum of five shillings, and for every gun red or discharged, the sum of ten shillings. § 8.

ower to enter private ships to search.—And, for the better discovery fenders against this act, and for the purpose of bringing them to ishment, it shall be lawful for any such harbour-master, and also any officer belonging to any of his Majesty's ships or vessels of docks, dock-yards or arsenals, and also for any person or persons eir or any or either of their aid or assistance, at any hour between rising and sun-setting, to go and enter into and on board of any ship or vessel, lighter, barge, boat, or other craft, in order to ch for gunpowder, guns shotted, and the heating and melting such bustible matters aforesaid, within the limits wherein the same are this act prohibited; and if the owner, master, or other person then board, having the charge or command of any such ship or vessel, shall, upon demand in that behalf made, refuse to permit, or Il not permit, any such person or persons as aforesaid, to come and er into and on board of any such ship or vessel, &c. and to make e and proper search and examination for the purposes aforesaid, ry such owner, &c. as aforesaid, shall for every such offence forfeit sum of £10. § 9.

None to sweep for his Majesty's stores. And for the better prevenn of the embezzlement of his Majesty's stores, be it enacted, that person or persons, not being in his Majesty's service, or employed his Majesty's dock-yards or arsenals, and in the regular performde of his duty, or not being authorized so to do for his Majesty's use, licence under the hand of some commissioner of his Majesty's navy, ich said licence any such commissioner is hereby empowered to ant, and also to revoke at his will and pleasure, shall on any account pretence whatsoever creep or sweep for anchors, cables, ropes, be-yarns, or other stores, lost or supposed to be lost, in any of the ts, harbours, havens, roads, roadsteads, sounds, channels, creeks, ys, and navigable rivers of this kingdom as aforesaid, within the disace of 100 yards from any of his Majesty's ships or vessels of war, hired ships or vessels in his Majesty's service, or from any moorgs belonging to his Majesty, or within any such distance so to be arked as aforesaid, upon pain of forfeiting, for every such offence, e sum of £10. § 10.

Persons letting ballast or rubbish go into the sea.-And further, if e owner, master, or other person, having the charge or command of by private ship of war, transport, or other private or merchant ship vessel, lighter, barge, boat, or other craft whatsoever, or any person orking any quarry, mine, or pit, near to the sea, or to any such rbour, haven, or navigable river as aforesaid, or any other person or ersons whatsoever, shail cast, throw, empty, or unlade, or cause o rocure to be cast, thrown, emptied, or unladen, either from or out

any such ship or vessel, &c. or from the shore, any ballast, stone, slate, gravel, earth, rubbish, wreck, or filth, into any of such ports, roads, roadsteads, harbours, havens, or navigable rivers of this kingdom as aforesaid, so as to tend to the injury or obstruction of the navigation thereof, or in any place or situation on the shore where the same shall be liable to be washed into the sea, or into any such ports, roads, &c. either by ordinary or high tides, or by storms or land-floods; every such person and persons so offending shall, for every such offence, forfeit and pay a sum not exceeding the sum of £10, over and besides all expenses which may be incurred in removing to a proper place the said matters which may have been deposited contrary to the provisions of this act, such expenses to be recoverable in such manner and with such power of commitment on non-payment thereof, as in cases of penalties or forfeitures under this act: provided that nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials, used or to be used in or towards the building, repairing, or keeping in repair any quay, pier, wharf, wear, bridge, or other building, or the banks or sides of any port, harbour, haven, channel, or navigable river, or any materials for repairing any highway; any thing herein contained to the contrary thereof in anywise notwithstanding. § 11.*

Manner to unlade ballast.-And for the more effectually preventing such injuries, no ship or vessel, lighter, barge, boat, or craft whatsoever, shall unlade on any part of the shore (except on some wharf properly constructed for the purpose) any ballast, stone, slate, gravel, earth, rubbish, wreck, or filth, except at the time of high water, or within two hours before or two hours after high water; and that, for every such purpose, every such ship or vessel, &c. shall approach the shore, as far as the tide and the draught of water of such ship, vessel, &c. will admit, and shall, under no circumstances, and in no situation, deposit any of the said matters below low-water mark at neap tides; and that every vessel drawing above eleven feet of water at the stern, shall unlade all such materials into some lighter, barge, or boat, as hereinbefore directed, in order that the same may be conveyed as near the shore as possible at the time of high water, as hereinbefore directed. § 12.

How ballast to be cast on shore.-And further, all such ballast and other matter shall, in all the above-mentioned cases, be cast on shore, from the side of the ship, lighter, barge, boat, or other craft, which shall be nearest to the land, and not otherwise; and every person who shall offend in any of the above particulars shall, for every such offence, forfeit and pay a sum not exceeding the sum of £10, over and above all expenses which may be incurred in removing to a proper place the said matters which may have been deposited contrary to the provisions of this act, such expenses to be recoverable in such manner, and with such powers of commitment on non-payment thereof, as in cases of penalties or forfeitures under this act. § 13.

Penalty on taking ballast from the shore.—And, in order to prevent damage being done to the shores or banks of the ports, harbours, or havens in this kingdom, no person shall take any ballast or shingle from the shores or banks, or any portion of the shores or banks of any port, harbour, or haven of this kingdom, from which the commissioners for executing the office of lord high admiral of the United Kingdom for the time being, shall find it necessary, for the protection

* Notice to this effect given in the Gazette, November 29, 1814.

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