Harbour-master not to suffer Wharfs

to run into yond Limits

Harbour be

of Grant.

Proprietors of
Wharfs ex-

ceeding legal

Limits, to forfeit 50%. re

first Penalty in S. 2.

24th GEO. III.

No. 428.

A. D. 1784. VI. And be it enacted by the Authority aforesaid, that the Harbour-master, or his lawful Deputy, shall not suffer any Wharfs to be carried-out further into the Harbour than by the Proprietor's Grant is particularly specified and described; and any Proprietor or Proprietors, who shall so run-out his or their Wharf or Wharfs further than they are legally authorized to do, shall, upon Conviction of such Offence, be subject to the same Penalty inflicted on Persons who shall throw Ballast or Rubbish into the said Harbour; to be recovered in the same Manner: And the said Harbour-master or his Deputy shall take Cognizance of, and prevent the mooring of any Boats, Rafts, Harbour-mas- Stages, or Spars under the Sterns of Vessels lying in the Harbour, except at the Time when such Boats, Rafts, or Stages are employed in the unloading, repairing, or other necessary Services of the Ship Mode of dis- or Vessel to which they are moored; and he shall not suffer any posing Booms, Vessel, after being at Anchor twenty-four Hours, to have any Booms rigged-out to a Length that may impede the Navigation of the Harbour: And if the Commander of any Ship or Vessel shall, in any wise, refuse or neglect to comply with the Provisions of this Clause, after being thereto required by the Harbour-master, or his Deputy, such Commander, so refusing or neglecting, shall be fined ten Pounds; to be recovered in the same Manner as the former Fines imposed by this Act.

ter to regulate

Moorings,

&c.

Master of Vessel not complying

with Clause,

when required

by Harbour

master; to forfeit 10%.

Harbour-mastér to see

South of An

neglecting so

VII. And be it, and it is hereby enacted and ordained by the Mooring-an Authority aforesaid, That, from and after the Publication of this chors laid due Act, it shall and may be lawful for the Harbour-master, or his Dechors placed to puty, to oblige the Commander of Vessels coming into Port, to lay bring-up by their Mooring-anchors, as near as may be, due South of the Anchors they bring-up by; and to continue them so, during the Time such Commander Vessels shall remain in Port; and in case any Commander shall to moor, when refuse or neglect to moor his Vessel in the Manner hereby directed, required by after being duly required thereto by the Harbour-master, or his ter; to forfeit Deputy, he shall forfeit and pay the Sum of ten Pounds; to be recovered in like Manner as the other Fines imposed by this Act. VIII. And be it further enacted, That the Commanders of all of Vessels not Vessels lying at Anchor in any of the Ports or Harbours of this fixed to each Island, shall, and are hereby required to keep a Buoy constantly fixed to each Anchor they have out, under Pain of forfeiting fifty Pounds for each Neglect; to be recovered in the like summary Method, as the other Fines and Forfeitures imposed by this Act.

Harbour-mas

10%.

Commanders

keeping Buoy

Anchor, to forfeit 50%.

IX. And whereas great Inconveniencies have arisen to the Inhabitants, and the Trade of this Island hath greatly suffered from small

Craft

24th GEO. III.

No. 428.

A. D. 1784.

ter to see that

are not left

Night.

Craft lying in the Harbour, with their Sails bent, without having any Person on Board; and likewise from Rowing-boats being left unchained at the Wharfs without any Person to take charge of them, which have frequently served the pernicious Purpose of enabling Debtors and Prisoners to make their Escape, and defraud their just Creditors, by retiring with their Slaves and Effects to the Sanctuary of the Dutch, Danish, and other Islands not subject to the Crown of Great Britain; to our national Injury, and their own lasting Shame : For the more effectual Prevention of this Evil in future; be it enacted by the Authority aforesaid, That the Harbour-master, or his lawful Harbour-masDeputy, shall have full Power and Authority, to inspect and take Craft and Cognizance of all Craft and Rowing-Boats in the Port and Harbour, Rowing-Boats including the Cove; and, upon Discovery, or Information, and Proof unchained of their being so left neglected as aforesaid after eight of the Clock after eight at at Night, the Master of any Craft so left, if a White Person, shall Master so forfeit twenty Shillings for each Offence; and if there be no White leaving them, Master, then the Owner or Owners thereof shall be fined forty Shillings for each Neglect; and the Owner of a Rowing-boat, for every such Neglect, shall forfeit ten Shillings, to be recovered by the Justice's Warrant, who shall hear and determine the Offence; and in case the Master or Owner of such Craft or Rowing-boat shall refuse to pay the said Fine, he or she shall be committed to the Common Jail of this Island, there to remain without Bail or Mainprize; any Law, Usage, or Custom, to the contrary notwithstanding. X. And be it further enacted by the Authority aforesaid, That ter to see that the Harbour-master, or his Deputy, shall take care, that no dead Bodies be hereafter thrown into any Part of the Harbour; and if any Person or Persons shall be convicted of such Offence, he or they, so convicted, shall be fined in the same Sum as Persons who shall throw Ballast, or Rubbish, into the Harbours: to be recovered in the same Manner.

XI. And be it further enacted, That the Person who shall be appointed Harbour-master, shall not be deemed qualified to execute his Office, until he has been duly sworn before the Governor in Chief, the Lieutenant Governor, or President and Council, in the Words following, viz.

A. B. do solemnly swear on the Holy Evangelists of Almighty God, that I will well and truly serve our Sovereign Lord the King and the Inhabitants of this Island, and all His Majesty's liege Subjects, trading to the Port of Saint John, so far as respects my Office of Harbour-master

of

if a White, to

forfeit 20s.:

If Boat left be Master, Owner, to forfeit committed.

without White

40s. or be

Harbour-mas

no dead Bothrown into Harbour. Offenders liaPenalty in

dies are

able to first

S. 2.

Harbour-mas

ter not to act

till sworn.

Oath.

Harbour-master, to give

Bond to Se

King's Name;

in 300l. with

two Securi

ties in 1501.

each; for faithful Discharge of Of

fice.

No. 428.

24th GEO. III.
A. D. 1784.
of the said Port, so long as I shall continue in the same Office, to the best
of my Skill and Knowledge, and that I will, from time to time, examine
the said Harbour and take Cognizance of all Wrecks and Vessels, dead
Bodies, Ballast and other Rubbish, which may be thrown into or sunken in
the said Harbour; and make Report thereof to one of His Majesty's Justices
of the Peace in twenty-four Hours after Discovery thereof without Favor
or Affection, Malice, Ill-will, or Resentment to any, but justly and faith-
fully will execute my Office according to the Law of this Island in that
Case made and provided.

So HELP ME GOD.

XII. And be it further enacted by the Authority aforesaid, That the said Harbour-master shall not be deemed qualified to execute his said Office, until he has first given Bond, with two good Securities, to our Sovereign Lord the King, His Heirs and Successors; wherein he shall, himself, become bound in the penal Sum of three hundred Pounds, current Gold and Silver Money of this Island; and each of his Securities, in the penal Sum of one hundred and fifty Pounds, like Money; conditioned for his just and faithful Administration of, and Diligence in his said Office; which Bond shall be recorded in the Secretary's Office of this Island: And the Secretary, or his lawful Deputy, shall, and is hereby authorized and required, to prepare and take the said Bond, for which, and for recording and giving a Certificate thereof, he shall be entitled to, and receive out of the Public Secretary's Treasury of this Island, the Sum of one Pound, eighteen Shillings, current Money, and no more: And the said Bond, in case of any Breach in the Condition thereof, shall be sued for by Order of the Governor or Commander in Chief, Lieutenant Governor or President, go to Public and Council and Assembly of this Island; and the Monies which

Fee 11. 18s.

Money recovered on Bond, to

Treasury.

Power to Harbour-master to appoint Deputy. Deputation to

be recorded.

Deputy's
Oath.

shall be recovered thereon, shall be paid into the Hands of the Treasurer, to be applied towards defraying the Public Services of this Island.

XIII. And be it further enacted, That the said Harbour-master shall have Authority to appoint one Deputy, for the better performing the Business of the said Office; which Deputation shall be in Writing, under the Hand and Seal of the said Harbour-master; and shall not take effect, till recorded in the Secretary's Office of this Island; and the said Deputy shall also, on his Part, take the foregoing Oath, with the following Alteration: that, instead of the Words so far as respects my Office of Harbour-master of the said Port, so long as I shall continue in the same Office, he shall say, so far as

respects

24th GEO. III.

No. 428.

A. D. 1784.

respects my Office of Deputy Harbour-master of the said Port, so long as I shall continue in the same Deputation.

ter, or Depu

feit double

double Costs:

XIV. And be it enacted and ordained, That in case the said Harbour-masHarbour-master, or his Deputy, or either of them, shall, at any ty, acting illeTime, illegally do or perform any Thing in their said Office, to the ally; to forPrejudice of any Person or Persons whatsoever, he, or they, or either Damages and of them, so offending, shall pay double Damages, and double Costs, on due Proof made, to be recovered in any Court of Record in this recoverable Island, by Bill, Plaint, Action, or Information; wherein no Essoign, Information. Protection, or Wager of Law, or more than one Imparlance shall be allowed and all such Recoveries shall be and enure to the Use of the Person or Persons damnified, and not otherwise.

by Action or

ter's Salary

by Treasurer

XV. And be it further enacted, That the said Harbour-master Harbour-masshall be paid the Sum of one hundred Pounds, Currency, a Year, 100l. per Anand so in Proportion for less than a Year, as for his Salary, out of um, payable the Public Treasury of this Island; and the Treasurer, or his lawful half-yearly: Deputy, is hereby authorized and directed, to pay such Salary, by pensation for even half-yearly Payments: and this Annuity or yearly Salary is Boat-men, hereby declared to be, in full Compensation for Boats, and Men to row them, on the Services required by this Act.

in full Com.

&c.

ter, in three

duce Certifi

being record

XVI. And be it further enacted by the Authority aforesaid, That Harbour-masthe Harbour-master under this Act to be appointed, shall be obliged Days after to produce, within three Days after entering into the Bond aforesaid, Bond, to proa Certificate under the Hand of the Secretary of the said Island, or cate from Sehis lawful Deputy, that such Bond and Securities, hereby directed, Cretary, of its have been entered into and duly recorded; which Certificate shall be ed. delivered to, and lodged in the Hands of the Treasurer for the time being: And the said Treasurer is hereby required and directed, upon Treasurer to Information of any Neglect of Duty in the said Harbour-master, to lay Information against lay such Information, in as short Time as conveniently may be, before Harbour-masthe Governor or Commander in Chief, Lieutenant Governor or Pre- lect of Duty ter for Negsident, and Council and Assembly of this Island; in order that such Neglect of Duty may be properly punished, under the Penalty of the aforesaid Bond, agreeable to the Intention of this Act.

XVII. And be it further enacted, That all Fines, Fees, or Monies imposed by Virtue of this Act, and not particularly specified how to be levied and recovered, shall be levied and recovered, if under five Pounds, by Warrant under the Hand and Seal of one or more Justices of the Peace, directed to any Constable, for Distress and Sale of the Offender's Goods; and for Want of Goods whereon to levy, the Offenders to be committed to the Common Jail of this Island, there

to

Penalties and Fees not be fore provided for, to be levied and re

covered, if

under 5. by Justice; if above 5. by

Warrant of

Warrant of
Justices.

For want of

Distress, Of

fender to be

imprisoned.

Fines to go,

half to In

former, half to Treasury

Persons aggrieved may appeal.

Penalty for frivolous Appeal not to

exceed double

Fine before

inflicted, with

treble Costs

and Damages.

Act a public
Act.

In force by

No. 564, S. 1. for three

Years from 22d May, 1802; and, thence, till the next Mecting of the Legis lature.

No. 428.

24th GEO. III.
A. D. 1784.
to remain until their Fine be paid, together with all Costs attending
the Commitment and Discharge: and all Fines above five Pounds
shall be levied, by Warrant under the Hands and Seals of two or
more Justices of the Peace, directed to the Provost Marshal, or his
lawful Deputy, for Distress and Sale of the Offender's Goods; and
for Want of such Goods to be committed to the Common Jail, there
to remain until the Fine and Jail Fees are paid: and all Monies,
arising from Fines laid and imposed by this Act, and not already
disposed of, shall go and enure, the one half to the Informer, and the
other half to the Public Treasury of this Island; to be disposed of,
and applied to such Services, as the Legislative Body of this Island
shall think fit and direct: Provided always, that if Person shall
think him or herself aggrieved, by the Determination of any one or
more Justices out of Sessions, such Person may have a Rehearing of
his or her Case before the Justices at Sessions, on giving Security,
for his or her Appearance, to prosecute such Rehearing or Appeal:
and if such Rehearing shall appear, before the Justices at Sessions, to
be sued upon frivolous or trifling Grounds, he, or she, so appealing,
shall be fined, at the Discretion of the Justices, in any Sum not
exceeding double the Fine before inflicted on the Appellant, and
such Appellant shall also pay treble Costs, and treble Damages, to
the Party against whom, such frivolous or vexatious Appeal shall
have been brought.

any

XVIII. And be it further enacted and ordained, That this Act shall be deemed and taken as a public Act; and all Judges, Justices, and Juries, are hereby required, judicially to take Notice thereof accordingly, without being specially pleaded or shewn forth.

XIX. And be it lastly enacted and ordained by the Authority aforesaid, That this Act shall continue in force for three Years from the Date hereof, and from thence to the next Meeting of the Council and Assembly of this Island.

Dated at Antigua, the eighteenth Day of October, in the Year of Lord one thousand seven hundred and eighty-four, and in the twenty-fourth Year of the Reign of our Sovereign Lord GEORGE the Third, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth.

ROWLAND BURTON, Speaker.

Passed