Preservation of Havens, Rouds, Channels and Navigable Rivers, within that No. XXXII, Part of Great Britain called England: And whereas another Act passed c. 159. in the ninth year of the reign of his present Majesty, intituled An Act for 54 Geo. III. repealing so much of an Act pussed in the Tenth Year of her late Majesty Queen Anne as relates to the Harbour Moorings of the Royal Navy, and for the more effectual Preservation of such Harbour Moorings and Punish- 9 Geo. 3. c. 30. ment of Persons guilty of stealing or embezzling his Majesty's Naval Stores, or of Forgery or Perjury in relation to Seamen's Wages: And whereas an c. 17. as relates to the said Har ather Act passed in the fifty-first year of the reign of his present Majesty, 51 Geo.3.c.73. intituled An Act for the better Security of his Majesty's Naval Arsenals in the River Medway and Portsmouth and Hamoaze Harbours, and of his Majesty's Ships and Vessels lying at and resorting to the same: And whereas the provisions of the said several recited Acts have not been found: adequate to the purposes for which the same were made; and therefore it is expedient that so much of the said recited Act of the ninth year of the reign of his present Majesty as relates to the harbour moorings of the royal navy, and also so much of the said Act of the tenth year of the reign of her late Majesty Queen Anne as relates to the said harbour moorings should be repealed, and other and more effectual provisions made in lieu thereof; and also that the said recited Act of the nineteenth year of the reign of his late Majesty King George the Second should be extended as herein-after mentioned; and also that the said recited Act of the fifty-first year of the reign of his present Majesty should be repealed; and that such further and other provisions should be made as hereinafter mentioned, for the better regulation and protection of the several ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers in the United Kingdom, and of his Majesty's docks dock yards arsenals wharfs moorings and stores therein: May it therefore So much of please your Majesty that it may be enacted; and be it enacted by the 9 Geo. 3. c. 30. King's most excellent Majesty, by and with the advice and consent of the as relates to the Lords Spiritual and Temporal and Commons in this present Parliament Harbour Moorassembled, and by the authority of the same, That from and after the ings of the Napassing of this Act so much of the said recited. Act of the ninth year of Vy, and also so the reign of his Majesty as relates to the harbour moorings of the royal much of 10 A. navy; and also so much of the said Act of the tenth year of the reign of her late Majesty Queen Anne as relates to the said harbour moorings; bour Moorings, and also that the said recited Act of the fifty-first year of the reign of his and 51 Geo. 3. present Majesty, shall be and the same are hereby respectively repealed. c. 73. repealed. II. And be it further enacted, That it shall be lawful for the lord high admiral or three or more of the commissioners for executing the office of lord high admiral of the United Kingdom of Great Britain and Ireland for the time being, and he and they is and are hereby authorised and empowered from time to time as occasion shall require to make such rules the King's orders and regulations in writing under his or their respective hand or Moorings and hands or the hand of his or their secretary, as he or they shall think for mooring proper for the preservation of his Majesty's moorings and for the moor- Merchantships. ing anchoring and placing of all private ships of war transports and all other private and merchant ships and vessels lighters barges boats and other craft whatsoever in all the ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers of the United Kingdom so far as the tide flows or reflows, where or near to which his Majesty now hath or where his Majesty his heirs or successors may at any time or times hereafter have any docks dock yards arsenals wharfs or moorings; and harbour masters to be appointed as herein-after mentioned for superin→ tending the same for the purpose of insuring free and safe ingress egress and regress unto into to and from the said ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers, and to and from his Majesty's said docks dock yards arsenals wharfs and moorings therein; and for that purpose to order and direct such spaces along the sides of over against or near to such docks dock yards arsenals wharfs and moorings as they shall judge necessary to be kept free and open, and to cause the same to be marked out by piles buoys or other sufficient marks, and to order and direct what spaces and distances shall be. Admiralty may establish Regulations for the Preservation of No. XXXII. appropriated to and for the sole use and purpose of moorings for his Majesty's ships and vessels of war and hired armed ships or vessels in his 54 Geo. III. Majesty's service; and also to specify the distances from his Majesty's c. 159. docks dock yards arsenals wharfs moorings ships and hulks, within which no private ship of war transport or any other private or merchant ship or vessel lighter barge boat or other craft whatever shall be moored anchored or placed, and for all and every or any other the purposes hereinafter mentioned; and from time to time to vary and alter such rules orders and regulations as occasion shall require for the purposes aforesaid; and also from time to time to appoint proper persons to be called the King's Harbour Masters, to superintend such ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers for the purposes aforesaid, and to enforce obedience to all such rules orders and regulations; all which said rules orders and regulations shall upon the making thereof, and also from time to time whenever the same shall in any manner be varied or altered be forthwith printed and published in The London Gazette, and being also printed and put upon pasteboard shall be constantly kept hung up in some open and conspicuous part of the custom house or other place of public resort for business in the port harbour or haven for which the same shall be made or where the same shall be directed to be in force, to the intent that the same may be seen and read and copies or extracts taken therefrom by all persons interested therein. No private Ship III. And be it further enacted, That if any private ship of war transport or other private or merchant ship or vessel lighter barge boat or other craft whatsoever, for which no licence so to do shall have been first obtained in writing under the hand of any commissioner of the navy port admiral or other person who shall be duly authorised by the said ford high admiral or three or more of the said commissioners for executing the office of lord high admiral aforesaid, to grant such licences for the time and purpose to be therein particularly specified shall, unless forced thereto by stress of weather or other unavoidable accident, be moored or fastened to any of his Majesty's moorings chains anchors buoys piles ships or hulks, or shall in any manner be moored anchored or placed within any such distances so to be appropriated as aforesaid 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 arsenals wharfs moorings ships or hulks, or within any such spaces so to be directed to be kept open as aforesaid, or in the fair way or channel or across the stream in any such port harbour haven or navigable river so as to obstruct the passage or entrance into the same, the master or other person being then on board and having the charge or command of any such ship or vessel lighter barge boat or other craft; and in case the proper master of any such ship or vessel lighter barge boat or other craft 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; shall forfeit and pay a sum not exceeding the sum of ten pounds for each and every tide which such ship or vessel lighter barge boat or other craft shall stay and remain so moored anchored or placed. IV. And for the prevention of any damage which might otherwise be occasioned to his Majesty's moorings chains anchors buoys piles ships or hulks, and also for the prevention of delay in the public service; Be it 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 chains anchors buoys ships or hulks, 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 c. 159. vessels in his Majesty's service, or within any such distance so to be specified No. XXXII. as aforesaid from his Majesty's docks dock yards arsenals wharfs moorings 54 Geo. III. ships or hulks, 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 lighter barge boat or other craft which shall be moored anchored 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 lighter barge boat or other craft 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 harbour master 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 authorised and empowered to unmoor such ship or vessel lighter barge boat or other craft, 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; and every Penalty for such owner master or other person so neglecting and refusing as afore- Neglect, 107. said shall for every such offence forfeit and pay the further the sum of ten pounds. V. And whereas it sometimes happens that his Majesty's mooring Notice to be anchors are hooked by the anchors of private ships of war transports and given when his other private and merchant ships or vessels by accident, and without the Majesty's default of the owners masters or other persons having the charge or Moorings are command thereof; but great danger and damage are and may be occasi- hooked. oned 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 ten pounds, to be paid by every such owner master or other person; but shall forthwith give notice thereof to the king's harbour master commissioner of the navy or other chief officer of his Majesty's dock yard or naval yard, whichever shall be nearest to the place where the same may happen, in order that full and effectual aid and assistance may be forthwith given for the purpose of clearing such private ship of war transport or other private or merchant ship or vessel from such moorings without damage to the same; for which said aid and assistance every such master owner or other person shall pay such reasonable sum of money not exceeding five pounds, as shall be adjudged in a summary way by any commissioner of the navy or justice of the peace, to be recovered in the same manner as any penalty or forfeiture is by this Act directed to be recovered, and with such power of commitment on non-payment thereof as in cases of penalties and forfeitures under this Act. VI. And be it further enacted, That it shall and may be lawful to and Places to be apfor the said lord high admiral or three or more of the commissioners for pointed for executing the office of lord high admiral aforesaid for the time being, and breaming Ships, he and they is and are hereby authorised and empowered from time to and for leaving time, by order or notice in writing under his or their respective hand or and receiving hands or the hand of his or their secretary, to prohibit the breaming of Gunpowder. any ships or vessels lighters barges boats or other craft at any place or places on shore where it may to them seem proper and necessary to prohibit the same, and also to order at what place or places within or near all or any of such ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers in this kingdom as aforesaid no private ships of war transports or other private or merchant ship or vessel lighter barge boat or other craft shall come or be laden with or having on board thereof any quantity or quantities of gunpowder exceeding five pounds No. XXXII. weight in the whole; and also to appoint fit and proper places either 54: Geo. III. afloat or on shore where all gunpowder exceeding five pounds weight in é. 159 Penalty. Penalty on the whole shall and may be left and deposited by and from or taken and received into any such ships or vessels lighters barges boats or other craft; all which orders notices and appointments of such places shall be notified in the London Gazette; and that the master general or principal officers of his Majesty's ordnance or any three of them for the time being shall appoint fit and proper persons there to take in and receive and also to give and deliver out all such gunpowder, and upon the 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 left and deposited all such gunpowder, and having made and signed a declaration in writing under his hand of his having so done and that neither he nor any other person or persons to his knowledge or belief had any gunpowder exceed ing five pounds weight in the whole then on board such ship or vessel lighter barge boat or other craft as 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 or more of the commissioners for executing the office of lord high admiral 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 to be 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 any 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 five pounds 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. VII. And be it further enacted, That no private ship of war transport breaming Ships, or other private or merchant ship or vessel lighter barge boat or other except at apcraft whatever shall be breamed afloat in any of the ports harbours or pointed Places. havens or other places of 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 five pounds; and that no fire shall be kept on board of any such ship or vessel lighter barge boat or other craft in any such port harbour or haven between the hours of eleven in the evening and five in the morning, from the first day c. 159, of October to the thirty-first day of March inclusive; nor between the No. XXXII. hours of eleven in the evening and four in the morning, from the first 54 Geo. IIL day of April to the thirtieth day of 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 lighter barge boat or other craft shall for every such offence forfeit and pay the sum of five pounds; 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 lighter barge boat or other craft whatsoever within the distance of two hundred and fifty 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 two hundred and fifty 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 lighter barge boat or other craft shall for every such offence forfeit and pay the sum of five pounds. VIII. And be it further enacted, That if any owner master or other Penalty on person having the charge or command of any private ship of war trans- keeping Guns port or other private or merchant ship or vessel whatsoever shall while shotted. such ship or vessel shall lie or be in any of such ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers within the United Kingdom as aforesaid, keep any gun or guns of and belonging to such ship or vessel shotted or loaded with ball, or shall fire or discharge or cause or permit to be fired or discharged any gun or guns on board such ship or vessel lying therein before sun-rising or after sun-setting, every such owner master or other person as aforesaid, shall for every such gun so kept shotted or loaded forfeit the sum of five shillings, and for every gun so fired or discharged the sum of ten shillings. IX. And for the better discovery of the offenders against this Act and Power to enter for the purpose of bringing them to punishment, Be it further enacted, private Ships to That it shall and may be lawful to and for any such harbour master and search for Gunalso for any officer belonging to any of his Majesty's ships or vessels of powder, &c. war docks dock yards or arsenals, and also for any person or persons in their or any or either of their aid or assistance at any hour between sunrising and sun-setting to go and enter into and on board of any such ship or vessel lighter barge boat or other craft in order to search for gunpowder guns shotted and the heating and melting such combustible matters aforesaid within the limits wherein the same are by this Act prohibited; and if the owner master or other person then on board having Penalty, 10% the charge or command of any such ship or vessel lighter barge boat or other craft shall upon demand in that behalf made refuse to permit or shall not permit any such person or persons as aforesaid to come and enter into and on board of any such ship or vessel lighter barge boat or other craft and to make a due and proper search and examination for the purposes aforesaid, every such owner master or other person as aforesaid shall for every such offence forfeit the sum of ten pounds. X. And for the better prevention of the embezzlement of his Majesty's None to sweep stores, Be it enacted, That no person or persons not being in his Majesty's for his Majesservice or employed in his Majesty's dock yards or arsenals and in the ty's Stores but regular performance of his duty, or not being authorised so to do for his licensed PerMajesty's use by licence under the hand of some commissioner of his sons. Majesty's Navy, which said licence any such commissioner is hereby empowered to grant and also to revoke at his will and pleasure, shall on any account or pretence whatsoever creep or sweep for anchors cables ropes rope yarns or other stores lost or supposed to be lost in any of the ports harbours havens roads roadsteads sounds channels creeks bays and navigable rivers of this kingdom as aforesaid within the distance of one hundred yards from any of his Majesty's ships or vessels of war or hired ships or vessels in his Majesty's service or from any moorings belonging to his Majesty or within any such distance so to be marked as aforesaid, upon pain of forfeiting for every such offence the sum of ten Penalty, 10% pounds. |