8 G. 2. c. 20. Trial. Pardon. 2 East's P. C. 1090. 4 G. 3. c. 12. 19 G. 2. c. 22. Filling up havens. By $3. " Every offence aforesaid done contrary to this act shall and may be enquired of, examined, tried, and determined in any adjacent county within that part of Great Britain called England, in such manner and form as if the fact had been therein committed." By $5. Offenders out of prison discovering and convicting others guilty of the said felonies shall be pardoned. By 6. &c. A conditional remedy is given to recover damages against the hundred. The several statutes here mentioned having been suffered to expire, were afterwards revived and continued, and ultimately made perpetual by the 27 Geo. 2. c. 16. A few years afterwards we find the following law. The stat. 4 Geo. 3. c. 12. § 5. reciting that "the laws then in being were not sufficient for the preservation of the banks, floodgates, sluices, and other works belonging to rivers and streams made navigable by act of parliament, and for maintaining the navigation on such rivers and streams," enacts, "that from and after the passing of this act, if any person or persons shall wilfully or maliciously break, throw down, damage, or destroy any banks, flood-gates, sluices, or other works; or open or draw up any floodgate or flood-gates, or do any other wilful hurt or mischief to any such navigation, so as to obstruct, hinder, or prevent the carrying on, completing, supporting, or maintaining such navigation; every such person or persons shall be adjudged guilty of felony, and the Court before whom such shall be tried and convicted shall have authority to order such person or persons to be transported for seven years." By the 19 Geo. 2. c. 22. 1.2. 6. If any person, acting as master of a ship or vessel shall cast out, throw out, or unlade, or there shall be cast out, &c. of any vessel, &c. being within any haven, port, road, channel, or navigable river, any ballast or rubbish, but only on the land where the tide never flows, any one justice near the place may summon or issue his warrant to apprehend and bring before him the master or owner, or other person acting as such, against whom the information shall be made, and upon due proof made, either by confession of the party offending, or on view of such justice, or oath of one witness, that any ballast or rubbish hath been cast out, &c. the master or person acting as such shall be adjudged the offender, and shall forfeit not above 57. nor under 50s. half to the informer, and half to the poor of the parish or place where such conviction shall be pronounced; to be levied by distress of the goods of the person so convicted, or of the ship or tackle; and the same, if not redeemed in five days, to be sold, rendering the overplus, if any be, after demand in writing, charges of distress and sale being first deducted; for want of sufficient distress to be committed to the common gaol of the county, city, or town corporate, or to the house of correction, or to the house of correction of the county where the conviction shall be, for two months, or till payment of the penalties, or so much thereof for which the commitment shall be. - § 3. And as soon as any vessel shall be sunk, stranded, or run ashore, in any harbour, port, channel, or navigable river, or be brought in, or be there in a shattered condition, and permitted to remain there, and the owner or master, or some other person 19 G. 2. c. 22. having or pretending to have any property therein, or any other person by their order, or assent, or privity, shall begin to take down, or carry away any of the rigging or tackle, or if there shall not be any person to take care of such vessel; any one justice of the county or place, or near which such accident or offence shall happen, shall on information thereof summon the owner, or other person having, or pretending to have, the command or power over such vessel, or issue his warrant to bring him before him; and on conviction shall issue his warrant for seizing and removing such vessel, and also the rigging and tackle thereof, in such manner as he shall order and direct: and if such owner or other person shall not within five days give satisfactory security to the justice to clear the harbour, &c. of such vessel, and of all the wreck and parts thereof, and pay the charges of seizing, removing, and disposing of the vessel and furniture, then the justice shall cause the hulk and tackle to be sold, and with the money pay the charges of clearing the place where the vessel shall lie, and of seizing, removing, and selling the same, rendering the overplus to the owner of the manor where the same shall happen. 4. Justices may act herein though rated to the poor where the conviction shall be pronounced. 65. Conviction to be final and not removable. 7. But nothing herein shall extend to affect the right of any lord of a manor near such haven, &c. or of any other person having such rights, or having right to any fishery, manufactory, or royalty; nor to any materials used in building, &c. any quay, &c. on the banks, &c. of any river, &c. 8. Saves the former jurisdictions, rights, or remedies to punish any nuisances to be done in any haven, port, road, channel, or navigable river. Bruck lesbank v. Smith, 2 Burr. 656. Unloading ballast from a ship into a machine or vessel, called a hopper, in a navigable river, with intent to carry and cast it into the high and open sea, and carrying it accordingly and casting it out of the said hopper, when the water was more than fourteen fathom deep, at a distance from any port, haven, channel, or navigable river, is an offence against the positive enactment of 19 Geo. 2. c. 22. and subjects the offender to the penalty of § 1. By 54 Geo. 3. c. 159. § 1. the 9 Geo. 3. c. 30. and 10 An. c. 17. 54 G. 3. c. 159. as far as they relate to the harbour moorings of the navy, and the 51 Geo. 3. c. 73., are repealed. 2. The admiralty may establish regulations for the preservation of the king's moorings, and for mooring merchant ships. Such regulations to be published in the Gazette, and to be hung up conspicuously in custom-houses, &c. 3. No private ships to fasten to his majesty's moorings, under penalty of not exceeding 10l. for each tide. 4. Power given to harbour-master and other officers to unmoor and remove private ships of war or merchant ships, &c. Penalty of 107. on owner, master, &c. of private ships, neglecting and refusing to remove after one hour's notice. 5. Notice to be given when his majesty's moorings are hooked. 6. Places to be appointed for breaming ships, and for leaving and receiving gunpowder. 54 G. 3. c. 159. Punishing persons letting bal last or rubbish 7. 8. Penalties on breaming ships, except at appointed places, and on keeping guns shotted. 9. Power given to harbour-master and other officers to enter private ships to search for gunpowder, &c. within limits, prohibited. Penalty of 10. for refusing admittance to proper officers. 10. None to sweep for his majesty's stores within 100 yards of his majesty's ships or moorings, but licensed persons, under penalty of 10%. § 11. 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 go into the sea. 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 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, unJading 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 unlade their ballast. 12. And for the more effectually preventing such injuries, it which ships may is 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 approach 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 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 herein before di- 54 G. 3. c. 159. rected, in order that the same may be conveyed as near the shore as possible at the time of high water, as herein before directed. 13. Enacts, that all such ballast and other matter shall, Ballast to be in all the above mentioned cases, be cast on shore from the cast on shore from the side of side of the ship, lighter, barge, boat, or other craft, which the ship nearest shall be nearest to the land, and not otherwise; and every to the land. 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 101. 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, 14. Penalty of 10. for taking ballast from the shore in harbours, &c. after prohibition published in the Gazette. 15. Penalty of 5l. for not using tarpaulins in taking in and discharging ballast. 16. Admiralty may dispense with the provisions relative to ballast. 17. Vessels sunk or stranded, after twenty-eight days' refusal or neglect of owner to raise the same, may be weighed and raised under direction of harbour-master, or commissioner of the navy, and the charge of raising be paid from sale of vessel or goods on board. § 18. Harbour-master, &c. indemnified for acts in pursuance of this act. 19. On neglect of harbour-master, &c. for two months, the owner or master of the vessel may weigh and raise it. 20. Commissioners of the navy, residing at any port, &c. near to the place where any offence is committed against this act, are empowered to act as justices of the peace for all the purposes of the act. § 21. Enacts, that all the penalties and forfeitures imposed Recovery of by this act shall be sued for within twelve calendar months penalties. 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 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 of fenders 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 54 G. 5. c. 159. 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 mainprise for any time not exceeding three months, unless such penalty or forfeiture and costs shall be sooner paid. Offenders. Form of conviction. 22. Commissioners of the navy residing at or near any port, &c. and justices of the peace acting in and for any district next adjoining any port, &c. where any offence is committed contrary to this act, may proceed in the execution of this act, though such offence may have been committed out of the limits of the jurisdiction of such commissioners or justices, or out of the body of any county of this realm. § 23. For the more easy and speedy conviction of offenders against this act, and also for the prevention of frivolous and vexatious appeals, enacts, that every commissioner of the navy and justice of the peace before whom any person shall be convicted of any offence 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,) day of of in the one of his [as day of BE it remembered, that on the written. 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. § 24. Penalty of 10l. on persons not attending, after summons, as witnesses. § 25. Persons wilfully and corruptly giving false evidence, or wilfully and corruptly swearing or affirming any thing false before commissioner or justice, in any matter relating to the execution of this act, declared liable to the penalties of wilful and corrupt perjury. 26. Appeal given to court of quarter sessions within three months after conviction, on giving ten days' notice of such appeal, and entering into recognisance with two sureties to abide the determination of such court. |