and to the effect hereinafter set forth-which Debentures shall be issued for sums of not less than one hundred pounds, respectively, and shall express therein the rate of Interest agreed to be paid, and the day of the month and year in which they shall be respectively issued, and shall be numbered in succession from One upwards and shall be signed by the said Treasurer for the time being, and countersigned by the Colonial Secretary, and shall be assignable and transferable by endorsement of the Parties to whom the Debentures shall respectively be issued.

XI.-And be it further enacted, that the Interest on the said Debenture shall be payable half yearly, on the last days of June and December in each year, at the office of the said Treasurer and the said Treasurer shall not be required to commence the payment of the Instalments hereinbefore mentioned, until after two years from the date of the said Debentures respectively.

No. 106.-1835, May 8: Newfoundland Statute, 5 Wm. IV (2nd Session), Cap. 7.

An Act for the Establishment of a Light House on Harbour-Grace Island.

[8th May, 1835.]

Whereas it is considered that the question of a Light House on Harbor-Grace Island, in Conception Bay, would tend much to the safety of ships and vessels bound for, and putting into, the ports and harbours of the said Bay:

Be it therefore enacted, by the Governor, Council and Assembly of Newfoundland, in Colonial Parliament assembled, that it shall and may be lawful for the Governor, or Acting Governor of Newfoundland, for the time being, by and with the advice of His Majesty's Council to appoint five persons to be Commissioners for the purpose of superintending and regulating the erection of a Light House on Harbor-Grace Island aforesaid, and for carrying into effect the provisions of this Act; and in case of the death, absence or resignation of any of such Commissioners, it shall and may be lawful for the Governor or Acting Governor, for the time being, by and with the advice aforesaid, to nominate and appoint a Commissioner or Commissioners in his or their stead, who shall have the like power and authority conferred by this Act upon the first appointed Commissioners.

II. And be it further enacted, that the Treasurer of the Colony shall, and he is hereby authorised to raise by loan, from such person or persons, or Body Corporate, as will advance the same, a sum not exceeding in the whole one thousand pounds sterling, chargeable upon and to be repaid out of the Public Funds of this Colony, together with Interest not exceeding six per centum per annum, in annual instalments of not more than two hundred pounds sterling, in the way and manner hereinafter provided.

III.-And be it further enacted, that the said Commissioners, or the major part of them, shall without delay procure plans of the said intended Light House or Building, and estimates of the expenses of materials and workmanship necessary to complete the same, which, together with all Contracts that may be entered into by the said Commissioners, shall previously to their being executed be laid before

the Governor or Acting Governor, for the time being, in Council, for approval.

IV. And be it further enacted, that the Governor or Acting Governor, for the time being, shall, and he is hereby authorised and

empowered to draw Warrants on the Treasurer of the Colony 696 on the requisition of the said Commissioners, or the major part of them, for such sums or sum of money as shall be necessary to defray and disburse the expenses of lighting and maintaining the aforesaid Light House and its appurtenances.

V.-And be it further enacted, that when and so soon as the said Light House on Harbor-Grace Island shall have been completed, it shall and may be lawful for the Governor or Acting-Governor for the time being, to issue a Proclamation under the Great Seal, signifying that the same hath been so completed, and that thenceforth there shall be raised, levied, collected and paid to his Majesty, his heirs and successors, upon every Merchant Ship or Vessel entering any Port or Harbour of the aforesaid Bay, a Duty or rate of one penny halfpenny sterling per ton for every ton register admeasurement of each respective vessel as aforesaid: Provided always, that no vessel owned in or belonging to this Colony, having once paid such Light Duty as aforesaid, shall during the same year be liable to any further duty under this Act, while employed in fishing or in the Coasting Trade of this Island and its Dependencies, and sailing under a general Coasting Clearance.

VI. And be it further enacted, that all such said Duties or Dues shall be levied, collected and received by the Collector or Sub-Collector of His Majesty's Customs, for the respective Port or District, previously to such Vessels respectively being entered at the Customs; and in the event of any vessel or vessels putting into any Port or Harbor of the said Bays, either by stress of Weather or otherwise, where no Officer of Customs or Person authorized or acting in such behalf shall reside, then and in such case the Duties or Dues shall be levied, collected and received by any Justice of the Peace residing or then being at or near to the respective Port, Harbor or Roadstead where such Vessel shall arrive or put in, and shall be payable immediately on such Vessel coming to Anchor; and all sums of Money so received by such Justices of Peace, shall be paid forthwith to the nearest Collector or Sub-Collector of His Majesty's Customs: And all monies arising from the whole of the aforesaid Light Duties, shall be paid Quarterly to the Treasurer of the Colony, and be appropriated in such manner as the Colonial Legislature shall from time to time direct: Provided always that it shall be lawful for such Collector or Sub-Collectors of His Majesty's Customs, and such Justices of the Peace as aforesaid, to retain and with-hold from the sums by them respectively collected for Light Duties under this Act, and paid into the hands of the Treasurer of the Colony, a Commission at and after the rate of five pounds per centum upon the amount by them respectively collected and paid over as a compensation for their trouble in collecting the same.

VII. And be it further enacted, that on the non-payment by the Master or Owner or Owners of any ship or vessel of any duty or dues incurred or payable under this Act, such duty or dues shall and may be sued for and recovered by the respective person or persons authorised to receive the same, in a summary way, before one or more of His Majesty's Justices of the Peace, and the amount thereof, together

with all costs incurred, shall be levied on the goods and chattels of the owner or owners or of the master of the respective vessel on account of which the said Light Duty or Dues shall be payable.

VIII. And be it further enacted, that the Treasurer of the Colony shall be and he is hereby authorised and empowered to grant and issue to the respective persons who shall lend and advance money for the purposes of this Act, one or more Debenture or Debentures, in the form and to the effect hereinafter set forth, which Debentures shall be issued for sums of not less than fifty pounds respectively, and shall express therein the rate of Interest agreed to be paid, and the day of the Month and year in which they shall respectively be issued, and shall be numbered in succession from one upwards, and shall be signed by the Treasurer for the time being, and countersigned by the Colonial Secretary, and shall be assignable and transferable by endorsement of the parties to whom the Debentures shall respectively be issued.

IX. And be it further enacted, that the Interest on the said Debentures shall be payable half yearly, on the last days of June and December in each year, at the office of the said Treasurer; and the said Treasurer shall not be required to commence the payment of the instalments hereinbefore mentioned until after two years from the date of the said Debentures respectively.

No.

(Form of Debenture.)

By virtue of an Act of Parliament of Newfoundland, passed in the fifth year of the reign of His Majesty King William the Fourth entituled "An Act for the Establishment of a Light House, on Harbor-Grace Island," I, the Treasurer of the Island of Newfoundland, do hereby certify and declare, that under the power and authority in and by the said Act vested in me, I have borrowed and received by way of loan from the sum of Pounds Sterling,

bearing Interest from the date hereof at the rate of

per centum per

annum, which Interest is payable half yearly, on the last days of June and December in every year; and I do declare that the said sum of money has been paid and received by me towards defraying the expense of erecting and constructing a Light House on Harbor-Grace Island as provided by the said Act; and I do further certify that the said principal money and Interest will be paid and payable to the said or his assigns or indorsee, on the production

of this Debenture at my Office at St. John's at the time and in the proportions provided in the said Act.

Given under my Hand and Seal, at St. John's, Newfoundland, the day of in the year of Our Lord 183

Colonial Secretary.

Treasurer.

697 No. 107.-1838, October 25: Newfoundland Statute, 2 Vict.,

Cap. 7.

An Act to preserve the Harbors and Roadsteads of Newfoundland and its Dependencies from Nuisances and Obstructions.

[Passed 25th October, 1838.]

Whereas it is necessary to make provision for the prevention of Nuisances and Obstructions in the Harbors and Roadsteads of Newfoundland and its Dependencies:

Be it therefore enacted, by the Governor, Council, and Assembly of Newfoundland, that no Ballast, Stones, or any thing else hurtful

or injurious to any of the Harbors or Roadsteads in the said Island and its Dependencies, shall be thrown out of any Ship, Vessel, or Boat, or otherwise by any Person or Persons whatsoever, to the prejudice of any of the said Harbors or Roadsteads, and if any Person or Persons shall throw out of any Ship, Vessel, or Boat, or otherwise, any Ballast, Stones, or any other things injurious or hurtful to any of the Harbors or Roadsteads of this Island or its Dependencies, the Person or Persons so offending shall incur and become liable to pay a Fine to our Sovereign Lady the Queen of not less than Forty Shillings, nor more than Ten Pounds Sterling, or to imprisonment for any time not exceeding Ten Days or both, at the discretion of the Court, or Justice before which any such Offenders or Offender shall be convicted.

II. And be it further enacted, that any Breach or Offence against this Act, shall or may, upon the complaint of any Person, be heard and determined in a summary way before any two or more Justices of the Peace, and any Fine or Penalty imposed by such Justices shall or may be levied on the Goods and Chattels of the offender or offenders, and the proceeds thereof shall be paid into the Colonial Treasury, to be applied to the public uses of the said Island, and for the support of the Government thereof.

No. 108.-1839, October 12: Newfoundland Statute, 3, Vict., Cap. 5. An Act to amend several Acts now in force respecting Light Houses, and to make further provision for the said Light Houses, and to consolidate the laws respecting the same.

[Passed 12th October, 1839.]

Whereas it is necessary and expedient to amend the Acts now in force respecting the erection and support of Light Houses within the Colony, and to make further provision for the said Light Houses, and to consolidate the laws respecting the same.

Be it therefore enacted, by the Governor, Council, and Assembly, that the following Acts, to wit:

An Act passed in the second Session of the 4th Year of the Reign of his late Majesty King William the 4th, entitled "An Act for the Establishment of Light Houses."

An Act passed in the second Session of the 5th Year of the Reign of his late Majesty King William the 4th, entitled "An Act for the establishment of a Light House on Harbor Grace Island."

An Act passed in the first Year of the Reign of her present Majesty entitled "An Act to authorize the raising by loan a further Sum of money for the completion of the Light House on Harbour Grace Island, and to make further regulations respecting the

same

be, and the same severally are, hereby repealed, save and except all such clauses and parts of the said acts, or any of them, as provide for or relate to the repayment of any and all sums of money, that have, under the provisions of the said Acts, been loaned or borrowed from any person or persons, and which provide for the satisfaction and security of such Public Creditors.

II. And be it further enacted that the expenses of supporting, maintaining, and keeping up the several Light Houses now erected or hereafter to be erected under the authority of the Legislature in the Colony, and also the salaries, and remuneration to the Light House Keepers and their Assistants, (if required) shall be borne and defrayed out of the Public Treasury of the Colony, by warrant under the hand and seal of the Governor or person administering the Government for the time being.

III. And be it further enacted that it shall and may be lawful for the Governor or person administering the Government for the time being, by and with the advice of Her Majesty's Council, to appoint five persons to be Commissioners, of whom three shall be a quorum, for the purpose of superintending, directing and regulating the management of the affairs of the said several Light Houses; which said Commissioners are hereby constituted a Board of Audit and Control for the administration of all matters touching and concerning the conducting and maintenance of all Light Houses belonging to this Colony; and that all purchases for and on account of the said Light Houses, shall be upon a Public Notice or Advertisement for Tenders for the same, and the lowest of such Tenders for an article of suitable quality, shall on all occasions be preferred, and all accounts and vouchers relating to any expense incurred on account of such Light Houses shall from time to time be furnished to the Treasurer of the Colony, before the respective sums of money shall be drawn from the

Treasury; and in case of the death, absence, or resignation of 698 any such Commissioner or Commissioners, it shall and may be

lawful for the Governor or person administering the Government for the time being, by and with the advice aforesaid, to nominate and appoint a Commissioner or Commissioners in his or their stead.

IV. And be it further enacted, that it shall and may be lawful for the said Commissioners, or any three of them, to appoint Light House Keepers, and Assistants (if required), for the several Light Houses hereinbefore mentioned, or which may hereafter be erected, and that the salaries of and remuneration to such persons so to be appointed, and the incidental expenses of supporting, maintaining, and keeping up the said Light Houses, shall be subject to the control and approval of the Legislature.

V. And be it further enacted, that for the purposes of this Act, there shall be raised, levied, collected, and paid, to Her Majesty, Her Heirs and Successors, upon every Merchant Ship or Vessel, entering any Port within the Colony, from Cape Ray to Cape John (other than Coasting, Sealing and Fishing Vessels), a duty or rate of three pence sterling per ton, for every ton register measurement of each respective Vessels as aforesaid; Provided, that such duty shall not be levied upon any such Ship or Vessel more than twice in each year; And that there shall in like manner be raised, levied, collected and paid upon every registered decked Vessel employed in the Sealing, Fishing, or Coasting trade of the Colony, or the Labrador, and entering any of the Ports aforesaid, the rate or duty of Twenty Shillings sterling for each and every such vessel, from Ninety tons burthen and upwards; and a like rate or duty of Fifteen Shillings sterling for each and every such vessel exceeding Sixty tons burthen and