No. XXXII. 54 Geo. III. c. 159. Punishing Persons letting Ballast or Rubbish go into the Sea. XI. And be it further enacted, That if the owner master 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 whatsoever, or any person working any quarry mine or pit near to the sea or to any such harbour haven or navigable river as aforesaid, or any other person or persons whatsoever shall cast throw empty or unlade or cause or procure to be cast thrown emptied or unladen either from or out of any such ship or vessel lighter barge boat or other craft 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 shore where the same shall be liable to be washed into the sea or into any such ports roads roadsteads harbours havens or navigable rivers either by ordinary or high tides or by storms or land floods; all and every such person and persons so offending shall for every such offence forfeit and pay a sum not exceeding the sum of ten pounds over and besides all expences 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 expences 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. Manner in which Ships may unlade their Ballast. Ballast to be cast on Shore from the Side of the Ship nearest to the Land. Penalty. Penalty on taking Ballast from the Shore in Harbours. XII. And for the more effectually preventing such injuries, Be it further enacted, That 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 lighter barge boat or craft shall ap. proach the shore as far as the tide and the draught of water of such ship vessel lighter barge boat or craft will admit, and shall under no circumstances and in no situation deposit any of the said matters below lowwater-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 herein-before directed, in order that the same may be conveyed as near the shore as possible at the time of high water as hereinbefore directed. XIII. And be it further enacted, That 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 ten pounds over and above all expences 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 expences 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. XIV. And in order to prevent damage being done to the shores or banks of the ports harbours or havens in this kingdom, Be it further enacted, That no person or persons 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 of such port harbour or haven or the works thereof, by order under their hands or the hands of any three of them or the hands of his or their secretary, and published in the London Gazette, shall prohibit the taking or removing of such No. XXXII. shingle or ballast, upon pain of forfeiting for every such offence the sum of ten pounds. 54 Geo. III. c. 159. XV. And be it further enacted, That in the taking of ballast into any ship or vessel lighter barge boat or other craft, and also in the discharging of the same from any ship or vessel into any lighter boat barge or Tarpaulins to be other craft, every such ship or vessel lighter barge boat or other craft used in taking shall be provided with and shall make use of one or more tarpaulin or in and dischargtarpaulins properly stretched and spread in order to prevent such ballast ing Ballast. or any part thereof from falling into the sea or into any harbour haven or navigable river; and in case any person or persons shall either take any ballast into any ship or vessel lighter barge boat or other craft or shall discharge the same from any ship or vessel into any lighter barge boat or other craft without using such sufficient tarpaulin or tarpaulins properly stretched and spread in order to prevent such ballast or any part thereof from falling into the sea or into any such harbour haven or navigable river; all and every person and persons offending therein shall for every such offence forfeit and pay the sum of five pounds. XVI. And be it further enacted, That it may be lawful for the lord For licensing high admiral or lords commissioners for executing the office of lord high the dispensing admiral to grant licences under their hands and seal of office or under the of Provisions rehand and seal of office of his or their secretary for dispensing with the lative to Ballast foregoing provisions relative to ballast in cases that may seem to require such dispensation. XVII. And whereas ships or vessels lighters barges boats and other Vessels sunk, craft are oftentimes sunk or stranded in the ports harbours havens roads to be raised. roadsteads sounds channels creeks bays and navigable rivers of this kingdom; and the same or the hulks thereof are frequently suffered to sink into and remain in the sand there to the great damage of the said ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers and also to the great danger and damage of the ships and vessels coming and resorting to the same: For remedy whereof, Be it further enacted, That when and as often as any ship or vessel lighter barge boat or other craft shall be sunk or stranded in any port harbour haven road roadstead sound channel creek bay or navigable river in this kingdom where such harbour master shall be so appointed as aforesaid, it shall be lawful for any such harbour master and also for any commissioner of the navy residing in or near the place where the same shall happen, in case the owner or owners master or other person having the charge or command of such ship or vessel lighter barge boat or other craft shall refuse or neglect to weigh and raise the same for the space of twenty-eight days then next following, to cause any such ship or vessel lighter barge boat or other craft to be weighed and raised and to cause the same and the furniture tackle and apparel thereof or any part thereof respectively and also all or any part of any goods wares merchandizes chattels and effects which shall be found on board the same to be sold by publick auction or otherwise, and thereby and therewith to pay the charges and expences of weighing and raising such ship or vessel lighter barge boat or other craft and clearing the port harbour haven road roadstead sound channel creek bay or navigable river where the same shall happen and also the charges and expences of such sale, rendering the overplus (if any be) to the owner or owners or other person or persons who by law shall be entitled to the same. XVIII. And it is hereby declared and enacted, That all and every such Officers indemharbour master and commissioners of the navy, and all and every officer nified. and officers of any of his Majesty's ships of war docks dock yards and arsenals and all and every other person and persons acting in his their or any of their aid or assistance shall be and he and they is and are hereby indemnified for all and whatsoever he or they shall do or cause to be done in pursuance of this Act. If Harbour XIX. Provided always and be it further enacted, That in case the said harbour-master or commissioner of the navy shall not proceed to cause master neglects for Two Months, the Owner may raise his sunk Vessel. VOL. II. L 54 Geo. III. No. XXXII. such ship or vessel lighter barge boat or other craft to be weighed and raised within the space of two calendar months next after the expiration of the said twenty-eight days, then and in that case it shall and may be lawful to and for such owner or owners master or other person to proceed to weigh and raise such sunken or stranded ship or vessel barge boat or other craft and the goods and effects therein in the same manner as if this Act had not been made and passed. c. 159. XX. And be it further enacted, That every commissioner of the navy who for the time being shall be residing at any port dock yard or arsenal near to any place where any offence against this Act may be committed shall be and be deemed to be a justice of the peace for all the purposes of this Act; and that all and every the laws and statutes of this realm made and now in force for the ease safety and protection of justices of the peace in the execution of their office shall extend and be construed to extend to all such commissioners of the navy and to all constables headboroughs or other peace officers or persons acting under the warrant or authority of any such commissioner of the navy as fully and effectually, to all intents and purposes, as if the same were herein and hereby repeated and re-enacted, as to and for the ease safety and protection of such commissioners of the navy and the constables headboroughs or other peace officers or persons acting under their or any of their warrant or authority. XXI. And be it further enacted, That all the penalties and forfeitures imposed by this Act shall be sued for within twelve calendar months next after the offence or offences shall be committed before any commissioner of the navy or justice of the peace residing at or near to the place where any such offence or offences shall be committed; all which said penalties and forfeitures shall go and be applied as follows; (that is to say) one moiety thereof to the use of his Majesty his heirs and successors, and the other moiety thereof with full costs to be adjudged by such commissioner of the navy or justice of the peace to the informer; and every such commissioner of the navy and justice of the peace is hereby authorised and required upon information exhibited or complaint made to grant and issue his warrant in writing under his hand to bring before them respectively such offender or offenders at the time and place in such warrant specified; and if on the conviction of the offender or offenders respectively on his her or their confession or on oath, (which oath every such commissioner of the navy and justice of the peace is hereby authorised and empowered to administer) such penalty or forfeiture together with such costs as aforesaid shall not be forthwith paid, it shall be lawful for such commissioner of the navy or justice of the peace to commit any such offender or offenders to the common gaol or house of correction for the county city or borough at or near to the place where the offence or offences shall be committed, there to remain without bail or mainprize for any time not exceeding three months unless such penalty or forfeiture and costs shall be sooner paid. XXII. And whereas divers ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers in this kingdom do lie partly in one county and partly in another and partly or in the whole out of the body of any county of this realm; By reason whereof doubts may arise as to the jurisdiction of any commissioner of the navy or justice of the peace touching any offence or offences which may be committed contrary to this Act; Be it therefore enacted, That it shall be lawful for any commissioner of the navy residing at or near to any port harbour or haven or any part thereof, or for any justice of the peace for any county city or borough acting in and for any district or place next adjoining to any such port harbour haven road roadstead sound channel creek bay or navigable river or any member of any of them where any such offence or offences may be committed, to proceed in the execution of this Act and of all the powers and authorities thereof herein and hereby given to commissioners of the navy and justices of the peace in such and the same manner and as fully and effectually to all intents and purposes as if such offence or offences had been committed locally within the limits of the jurisdiction of such commissioner of the navy or justice of the peace, al- No. XXXII. though the same may have been committed out of the limits of the juris- 54 Geo. III. diction of such commissioner or justice or out of the body of any county of this realm. c. 159. XXIII. And for the more easy and speedy conviction of offenders against this Act and also for the prevention of frivolous and vexatious Offenders. appeals, Be it further enacted, That every commissioner of the navy and justice of the peace before whom any person or persons shall be convicted of any offence or offences against this Act shall and may cause the conviction to be drawn up according to the following form or in any form of words to the like effect mutatis mutandis; which conviction shall be good and effectual to all intents and purposes without stating the case or the facts or evidence in any more particular manner; (that is to say) BE it Remembered, That on the of in the year of our Lord day of A. B. is 'convicted before me one of the Commissioners of the Navy, or one of his Majesty's Justices of the Peace for the [as the case may be] for that the said 'A. B. on the did [here state the offence against this Act] contrary to the statute in such case made and 'provided. Given under my hand and seal the day and year first above 'written.' day of at Which conviction the said commissioner or justice shall cause to be fairly written upon parchment or paper and returned to the next general quarter sessions of the peace for the county division city town corporate liberty or place where such conviction was made, to be filed by the clerk of the peace, and there to remain and be kept among the records of the same county division or place; and the same shall not be removed by certiorari advocation or suspension or any other process whatsoever into any court whatsoever. Form of Conviction. XXIV. And be it further enacted, That if any person or persons shall Punishing Witbe summoned as a witness or witnesses to give evidence before any such nesses not atcommissioner or justice or justices of the peace touching any of the tending. matters relative to this Act either on the part of the informer or prosecutor or of the party or parties accused, and shall neglect or refuse to appear at the time and place to be for that purpose appointed without a reasonable excuse for such his her or their neglect or refusal, to be allowed by such commissioner or justice or justices of the peace before whom the complaint or prosecution shall be depending, that then every such person shall forfeit for every such offence the sum of ten pounds, to be recovered levied and paid and applied in such manner and by such means as is above directed with respect to fines on summary convictions. XXV. And be it further enacted, That if any person upon examination Perjury. on oath or affirmation before any commissioner of the navy or before any justice of the peace in any matter relating to the execution of this Act shall wilfully and corruptly give false evidence, or shall in any information or deposition sworn or affirmation taken in writing before any such commissioner or justice wilfully and corruptly swear or affirm any matter or thing which shall be false or untrue, every such person so offending and being thereof lawfully convicted shall be and is hereby declared to be subject and liable to the like pains and penalties as any persons convicted of wilful and corrupt perjury are by any law now in force subject and liable to. XXVI. And be it further enacted, That it shall and may be lawful to Appeal. and for any person or persons so convicted by any commissioner of the navy or justice of the peace before-mentioned of any offence or offences against this Act within three calendar months next after such conviction to appeal to the justices of the peace assembled at the general quarter sessions holden for the county city or place where the matter of appeal shall arise, first giving ten days' notice of such appeal to the person or persons appealed against and of the matter thereof, and entering into a recognisance before some commissioner of the navy or justice of the No. XXXII. peace for such county city or place with two sufficient sureties conditioned to try such appeal and for abiding the determination of the court therein; 54 Geo. III. and such justices at the general quarter sessions shall upon due proof of c. 159. such notice having been given and a recognisance having been entered into hear and determine the matter of such appeal, and may either confirm or quash and annul the said conviction and award such costs to either party as to them shall seem just and reasonable; and the decision of the said justices therein shall be final binding and conclusive. Limitation of Saving. XXVII. And be it further enacted, That if any action or suit shall be brought or commenced against any person or persons for any thing done in pursuance of this Act, such action or suit shall be commenced within six months after the matter or thing done and the venue therein laid in the proper county and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon; and if a verdict shall pass for the defendant or defendants or the plaintiff shall be non-suited or discontinue his action after the defendant or defendants has or have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff or plaintiffs, the defendant or defendants shall recover treble costs and have the like remedy for the same as defendants have by law in other cases. XXVIII. Provided always and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to prejudice diminish abridge alter or take away any right of property privilege or jurisdiction or any powers of conservancy held possessed used exercised or enjoyed by any body corporate or politic or by any lord or lords lady or ladies of any manor or manors or any person or persons whatsoever in to upon or over any of the ports harbours havens roads roadsteads sounds channels creeks bays or navigable rivers of the United Kingdom or to the banks shores or sides thereof; or to repeal any of the provisions contained in any Act or Acts of Parliament which may have been passed for the regulation of any river port or harbour in the United Kingdom or the shipping frequenting the same, except such Acts and provisions as are expressly repealed by this present Act; but that such respective rights of property privileges jurisdictions and powers of conservancy shall be respectively and exclusively enjoyed in as full ample and beneficial a manner in every respect to all intents and purposes as if this Act had never been made, any thing herein contained to the contrary notwithstanding. [ No. XXXII. a.] 54 George III. c. 171.—An Act to empower the Commissioners of his Majesty's Treasury to restore Seizures; or remit or mitigate Fines, Penalties, or Forfeitures, incurred concerning any Laws relating to the Customs or Excise, or Navigation and Trade of Great Britain.-[30th July 1814.] 54 Geo. III. WHEREAS an Act passed in the twenty-seventh year of the reign of c. 171. 27 Geo.3. c. 32. his present Majesty, intituled An Act for making further Provisions in regard to such Vessels as are particularly described in an Act made in the Twenty-fourth year of the Reign of his present Majesty, for the more effectual Prevention of Smuggling in this Kingdom, and for extending the said Act to other Vessels and Boats not particularly described therein; for taking off the Duties on Flasks in which Wine or Oil is imported; for laying an additional Duty on Foreign Geneva imported; for taking off the Duty on Ebony, the growth of Africa, imported into this Kingdom; and for amending several Laws relative to the Revenue of Customs: And whereas by the said Act the Commissioners of the Customs in England and Scotland respectively are authorised to direct under the circumstances and on the terms and conditions therein mentioned any goods or commodities whatever or any ships vessels boats horses cattle or carriages which shall have be n seized as forfeited by virtue or in pursuance of any Act or Acts of Par |