1 TITLE CCXLI. ROTHERHITHE COMMERCIAL DOCKS. [For Dock Rates, see TITLE 275.] Rates. Jaden or un Rule 1. Ir shall be lawful for all vessels laden or to be laden with timber or 50 Geo. 3. wood only, or with timber or wood being the principal part of the cargo, although c. 207. (a) the remainder of such cargo should consist of hemp, flax, pitch, tar, tallow, or §3. fish, or ships laden with fish, oil, blubber, and whale fins, or any other goods What arti usually delivered afloat by river sufferance, to enter into the said docks and cles may be basons, and there to discharge or load the whole, or part only, of any such laden. cargoes, and also for any vessels so having discharged in any of the said docks, to load the whole, or part only, of the cargoes of any such vessels, on any outward voyage. But nothing in this act shall extend to make any of the said docks Not legal or wharfs under this act legal quays, or to empower the said company to land or quays. load any such goods without the sufferance of the commissioners of customs Sufferances. granted for that purpose, nor to compel any vessels to enter into any of the said docks or ponds. Rule 2. No pitch, tar, rozin, turpentine, oil, or other combustible matter, Combustible shall at any time hereafter be boiled or heated on board any vessel, lighter, craft, matter, § 77. or boat, lying in any of the said docks, basons, cuts, or other works, nor in any place within the same, except in such place, and in such manner, as shall be appointed by the directors for that purpose; nor shall any gunpowder or loaded Gunpowder. cannon whatever be brought into the said docks, &c. or suffered to remain on board any vessel, upon pain that every such master or owner shall, for every such offence, forfeit any sum not exceeding 51. Rule 3. It shall be lawful for the Commercial Dock Company, from the 51 Gen. 3. passing of this act, to demand, take, and receive for the dockage of vessels, and c. 66. (a) for the receiving, warehousing, and storing of timber, wood, and other merchan- § 24. dize, any sums of money, not exceeding the sums of money mentioned and specified in the table to this act annexed. (b) Rule 4. In case any owner or master of any vessel, charged or charge- Dockage rates able with the dockage and other rates and charges allowed to be demanded and not paid, taken by the preceding act or this act, shall refuse to pay the same, then it shall § 25. be lawful for the directors of the said company, or such persons as they shall appoint to be their collectors, from time to time to go on board such vessel, to demand, collect, and receive the same, and on non-payment thereof, to take and distrain every such vessel, and all her tackle, apparel, and furniture or any part thereof, either on board or on shore, and the same to detain until they be satisfied and paid the said rates and charges; and in case of any neglect or delay in payment thereof, then it shall be lawful for the said directors and their successors, and such persons as they shall appoint as aforesaid, their collectors or receivers, to cause the same to be appraised by two or more sworn appraisers or other sufficient persons, and afterwards to sell the said distresses, and therewith to satisfy themselves, as well concerning the said rates and charges so neglected or delayed to be paid, and for which such distresses shall be taken as aforesaid, as also for their reasonable charges in taking, keeping, appraising, and selling such distress, rendering to the master of the said vessel, in, to, or from which such distress shall be so taken or belong, the overplus (if any there be) on demand; and if any owner, consignor, or consignee of any timber or goods chargeable with any of the rates or charges mentioned in the said table, or allowed to be taken under the provisions of this act, shall neglect or refuse to pay the said rates and charges before such goods shall be shipped or removed from the place where the same shall be landed (as the case may be), then it shall be lawful for the said directors, or their collectors, to detain the said timber or goods till the said rates and charges, together with the reasonable charges of keeping the said timber or goods, shall be paid and satisfied; and in case such goods shall happen to be removed before the rates and charges payable for the same shall be fully paid, then it shall be lawful for the said directors, or their said collectors, to take and distrain any goods or chattels of the owner, consignor or consignee, and to detain and sell the same in manner before mentioned; or the said company shall and may prosecute any action at law for recovery of the said duties. Rule 5. If any master or owner of any vessel shall at any time after the rates § 26. 51 Geo. 3. c. 66. Eluding pay ment of rates. 57 Geo. 3. c. 62. (a) $17. How tonnage of vessels to be ascer tained. Collectors, to have access to re and charges by this act charged shall become payable, elude or avoid the payment thereof, by any method whatsoever, such master or owner of such vessel shall stand charged with and be liable to the payment of the same; and the same shall be recovered from such master or owner by the same method by which fines and penalties imposed by the said act are directed to be levied and recovered, or by any action or actions at law. Rule 6. The tonnage or admeasurement of all vessels required to be registered by any act of parliament of the United Kingdom of Great Britain and Ireland, or of either of such kingdoms, and trading or coming to or departing from the port of London, and liable to the payment of any of the rates and charges of or for tonnage allowed to be taken under either of the preceding acts, shall be ascertained according to the certified tonnage in the ship's register; and the master of any such vessel is hereby required to produce such certificate of registry at the time of payment of the said rates and charges, to the persons who shall be authorized to collect the same by the directors of the Commercial Dock Company or a quorum of them; and in case of any dispute in respect of the tonnage of any vessel not required to be registered, or of any foreign vessel, then the tonnage of any such vessel shall be ascertained according to 26 Geo. 3. c. 60. [TITLE 2, Rule 6.] Rule 7. For more easily collecting the said rates and charges, the collectors thereof, and such other persons as the said directors shall from to time to time duly appoint in this behalf, shall at proper and seasonable times have at the custom gisters, 18. house free access to and inspection of the respective registers and papers of all ships resorting to the port of London, on or after their entry or clearance at the custom house, without any fee or reward for such access and inspection. Power to measure ves sels, § 19. Rates 51 Geo. 3. c. 171. (a) § 31. Combustible Rule 8. If the collector of any of the said rates and charges, or such other person as the said directors shall duly appoint in that behalf, and the master of any such foreign vessel, cannot agree about and ascertain the tonnage of such vessel, then it shall be lawful for the said collector or person appointed as aforesaid, from time to time, and at all convenient and reasonable times, to detain, enter into, weigh, measure, and gauge the same; and in case the same shall upon such weighing, measuring, or gauging, appear to be of greater tonnage than shall be then set forth and contained in the account which shall have been given thereof, then the master or person giving in such account shall pay the costs and charges of such weighing, measuring, or gauging; but if any such vessel be found to be of the same or of less tonnage than the same shall by such account appear to be of, then the said collector or such other person shall pay the costs and charges of such weighing, measuring, or gauging, and shall also pay such further damages as shall appear to any one or more justice or justices of the peace acting in and for the county of Surry, on oath of any credible witness, to have arisen from such detention; and in default of immediate payment thereof by the collector, it shall be lawful for any such justice or justices to issue his or their warrant or warrants, authorizing any person to levy the amount of such costs, charges, and damages by distress and sale of the goods and chattels of such collectors of the said company; and if any surplus money shall remain after payment of such costs, charges, and damages, and the reasonable costs and charges of such distress and sale (to be ascertained, in case of dispute, by any such justice or justices), such surplus money shall be returned on demand to the party on whom such distress shall be so made; and if any master or other officer of any vessel, or any other person whomsoever, shall obstruct or hinder any person so employed from weighing, measuring, or gauging any vessel in pursuance of this act, every such master, or other person, shall for every such offence forfeit any sum not exceeding 201, over and above the said rates and charges. TITLE CCXLII. ROTHERHITHE EAST COUNTRY DOCK. [For Dock Rates, see TITLE 276.] Rule 1. No tar, pitch, rosin, hemp, flax, faggots, furze, brandy or other spirituous liquors, turpentine, oil, hay, straw, tallow, grease, shavings of wood, or combustible or inflammable matter whatsoever of any kind, shall be suffered to be or remain on these quays or wharfs or any part thereof, or upon the deck of any matter to be vessel in the bason or docks, cuts or other works, or any of them, above the removed. (a) Local and personal act. space of twelve hours after passing the custom house offices; and in case such 51 Geo. 3. goods cannot be conveniently removed therefrom by day-light, then the owners of c. 171. such goods, if on the quays or wharfs, or the commander, master, or mate, if on board of any vessel, are hereby required to set and maintain at their own expence a sufficient number of sober persons to guard and watch over the same, Watch. for such and so many hours, according to the season of the year, as the superintendant dock master or dock masters, or his or their assistants, shall direct or appoint; and in case the owners of such goods, or the commanders, masters, or mates of any vessels shall make default herein by neglecting the same, then the said superintendant dock master or dock masters, or his or their assistants, shall set and appoint such sufficient number of careful persons as may be requisite to watch and guard over the same, at the expence of the said owners of such goods or ships; and every such person shall forfeit for every such offence a sum not exceeding 501. exclusive of the full charges of watching and attending the same. Rule 2. No pitch, tar, rosin, turpentine, oil, or other combustible or inflam- Boiling commable matter, shall at any time hereafter be boiled or heated on board any vessel, bustible matlighter, craft or boat lying in the said docks, basons, or cuts or other works, or ter, 36. any of them, nor in any place within the said docks, premises or cuts, except in such places, and in such manner, as shall be appointed by the directors or any three or more of them, or by their known agents, for that purpose; nor shall any gunpowder or loaded gun whatever be brought into the said docks, basons or cuts, or be suffered to remain on board any vessel, upon pain that every such master, commander, or owner of any vessel, or other persons so offending, shall forfeit for every such offence a sum not exceeding 54. Rule 3. It shall be lawful for any vessel laden with timber or wood only, or Vessels with timber or wood as the principal part of the cargo, and not bound by law to enter timber, § 38. any particular dock, to enter the said wet docks or basons: provided always, that nothing in this act contained shall extend to authorise the loading or unloading, or to alter or vary the right or practice, if any, of loading or unloading goods from the said vessel in the said dock or bason; but the same right or practice, if any, shall remain, and be subject to all such constraint, restriction and limitation, as it would have been if this act had not passed. Rule 4. In consideration of the great charges and expences which the making, Rates, § 15. building, erecting and providing such dock or docks, quays and wharfs, sluices, bridges, roads and other works, and the supporting and maintaining, and keeping the same in repair, for the future, there shall be paid to the said company, or to their collectors or deputies for their use, for every vessel in entering into the said docks or cuts, or any or either of them, by the master or commander, owner or owners of every such vessel, the several rates or duties according to the tonnage of the said vessel, hereinafter particularly rated and described in the table to this act annexed, (a) and the master of each vessel is hereby required to produce such certificate of registry at the time of payment of the said rates to the dock master or other officer appointed to receive the same. Rule 5. Lighters and craft entering into the docks or basons to discharge or Lighters with receive ballast or goods to or from on board any ships, shall be exempted from any ballast, 46. rates or duties, such goods paying dues as in other cases. Rule 6. In case any owner or master of any vessel chargeable with any of the Power to rates or duties granted by this act, shall refuse or neglect to pay the same, then, compel payit shall from time to time be lawful for the collectors, to be duly appointed in ment of rates, pursuance of this act, to go on board such vessel, to demand and collect the said § 47. rates and duties, and on nonpayment thereof to take and distrain such vessel, and all her tackle, apparel, and furniture belonging thereto or any part thereof, and the same to detain until the respective rates or duties shall be paid; and in case of any neglect or default in payment of the said rates and duties for the space of five days after any distress or distresses so made or taken, then it shall be lawful for the said collectors to cause the same to be appraised by one or more sworn appraisers, or other sufficient persons not interested therein, and afterwards to sell the said distress or distresses, and therewith to satisfy themselves, as well for rates or duties so neglected or refused to be paid, and for which such distress or distresses shall have been made or taken as aforesaid, as for their reasonable charges in taking, keeping, appraising and selling the same, rendering the overplus (if any there be) to the master or owner of such vessel upon demand. Rule 7. If any master or owner of any vessel shall by any means whatsoever $48. (a) For this table, see TITLE 276. 51 Geo. 3. c 171. at any time evade the payment of the rates and duties hereby made payable, or any part thereof, each person evading payment shall stand charged with and be Eluding pay liable to the payment of the same. meat of rates. Rates. 16 Geo. 3. c. 33. § 2. How goods may be land ed. Entry. Notice. Where tim ber, &c. may be landed, 53. Articles coastwise, § 4. Private wharfs, &c. § 5. TITLE CCXLIII.-BRISTOL DOCKS. [For Dock and Port Rates, see TITLES 277-280.] Rule 1. THE land situate on the north-western side of, and adjoining to, the floating dock within the port of Bristol, and extending in breadth on the northwest from the quay-wall of the said dock 200 feet, and extending in the same breadth from the water of Avon to the north-east end of the said dock, (whether in its present state, or as the same shall be hereafter enlarged,) shall be a quay for the landing of timber, (including mahogany,) planks, and boards, deals and staves, tar, pitch, rozin, and turpentine, imported into the said port in any vessels whatsoever; provided the owners of such goods do first pass a regular entry thereof, and pay the duties, and, before they unship any of the goods, give notice of the day and hour of landing, in writing, to the principal officers of customs at the said port, that they may direct the proper officers to attend accordingly; and provided that none of the goods be unshipped but in the presence of a waiter or officer so appointed thereunto, otherwise the said goods to be liable to forfeiture according to law. Rule 2. It shall not be lawful for any person to land any timber, planks or boards, deals, staves, tar, pitch, turpentine, rozin, or other the commodities aforesaid, on any part of the present quays within the city of Bristol, from any vessel coming into the said port (except in the cases hereinafter mentioned), two third parts of the cargo whereof shall consist of all or any of the said articles, or from any lighter, boat, or vessel bringing the same from any such vessel, upon pain of forfeiting 501. for every such offence; and the master or owner of any vessel coming into the said port, two third parts of the cargo whereof shall consist of all or any of the said articles, (the proportion of such cargo to be ascer. tained by the tonnage of the whole cargo,) shall cause the said vessel to be unladen of all such articles at the said new quay, upon pain of forfeiting 501, for each offence. Rule 3. Nothing herein contained shall extend to timber, planks, or boards, brought coastwise into the said port: but the same may be landed on that part of the present quay, commonly called The Back of Bristol, in the same manner as such timber hath been usually landed there. Rule 4. Nothing herein contained shall extend to prevent any owner or master of any vessel, or the owner of any of the commodities before recited, or his agent, factor, or consignee, from landing or unlading the same at any private quay or wharf within the said port, where the same may now or hereafter (by consent of the proper officer of customs within the said port) be landed or unloaded, nor to prevent any such person from landing or unlading any of the said articles at No birth for the present quay within the said city, such person producing a certificate from two justices of the peace for the said city and county to the proper officer of customs within the said port (such certificate to be grounded on the oath of the party applying for the same), that at the arrival of such vessel, a birth or place could not be had fit for her to lie in, for landing and unlading such articles as aforesaid, upon the said new quay. vessel. 48 Geo. 3. c. 140. (a) 84. Entry of goods and payment of duties. Gunpowder, 101. Rule 5. No collector of customs, inwards or coastwise, in the port of Bristol, shall permit any vessel, on which duties of tonnage are by this act imposed, to be entered inwards from foreign ports, or coast wise, until the master of such vessel shall have paid such duties, and have produced to the said collector a certificate from the person appointed to collect the said duties, certifying that such duties on account of any such vessel have been fully paid; and no such collector shall permit any such goods to be landed from any vessel inwards or coastwise, until the owner or consignee thereof shall bave paid the said duties on such goods, and shall have produced to the said collector from the persons appointed to receive the same, certifying that the last-mentioned duties have been fully paid; which certificates and signatures such officers or persons are to give accordingly, upon pain of forfeiting any sum not exceeding 201, with costs of suit. Rule 6. Lighters, barges, boats, or other vessels, which shall have on board any gunpowder, shall, before they enter the floating harbour, land the same, and unload and clear their guns; and in case the master or mate of any vessel shall make de (a) Lecal and personal act. fault therein, every such person so offending shall forfeit, for every such offence, a 43 Geo, 3. sum not exceeding 204, nor less than 51. c. 140. Rule 1. When any person shall be convicted of having stolen or unlawfully 46 Geo. 3. obtained from any vessel, or from any wharf, quay, or other landing-place adja- c. 35. § 27. cent to the same, or from, or on the way to or from, any warehouse to or from Where stolen which any part of the cargo of any vessels being in the rivers Avon and Frome, the goods shall be deposited. floating harbour, entrance bason, canals, docks, and works, has been removing, or removed, the justice before whom such person was convicted is required to cau-e such goods or things, in case the same shall consist of any articles which now or hereafter may be subject to a duty of customs or excise, to be conveyed to the excise office in Bristol, if liable to a duty of excise, or the custom house of Bristol, if liable to a duty of customs, within 24 hours after the same shall bave been detained, in order that all such articles, and the person in whose custody the same are found, may be dealt with, prosecuted, or proceeded against as the nature of the case may require; provided, that in case any such thing be detained or taken, on suspicion of having been feloniously taken or received, the justice may order the same to be lodged in some place of safety, there to remain, in order to be produced at the trial of any person who may be charged with stealing or receiving the same; and, in such last-mentioned case, the person making such seizure shall, within 24 hours after he shall have detained or taken the same, give notice thereof in writing to the said collector of customs or excise (as the case may be), and shall thereupon permit the proper officers of customs or excise to examine and take acCount of such articles, Rule 8. When any person, charged with feloniously stealing or receiving such After trial articles as last aforesaid, shall have been tried for the felony, such articles shall be how goods immediately deposited in the said custom house or excise office, according to the shall be dealt nature thereof, and whether the same be liable to a duty of customs or excise, to with, § 28. be proceeded against in case of forfeiture, or to be restored, upon payment of such duties as may be due in respect of the same, to such person as may prove himself to be the legal proprietor; or otherwise, to be dealt with as the case may require. Rule 9. In case any such goods, which now or hereafter may be subject to any Goods not duty of customs or excise, which shall be taken as aforesaid, shall not be depo- duly lodged, sited in the said custom house or excise office within the said time, such goods $ 31. which shall not be so deposited shall be forfeited, and may be seized or re-seized by any officer of customs or excise, and the party neglecting or refusing so to lodge the same shall forfeit 20!.; and if any person shall molest or impede any officer of customs or excise in the execution of the powers aforesaid, every person so offending shall forfeit 2001. tation. Rule 10. Upon the arrival of any vessel having on board the same any goods 51 Geo. 3. in respect whereof any duty of excise is or shall be imposed by any act of parlia- c. 32. § 1. ment now in force, or hereafter to be made, at the entrance of either Cumberland Hatches to be bason or Bathurst bason, the master of such vessel shall on her arrival, and before locked down his entrance into either of the said basons, have in readiness, and fix in such man- upon impor ner as the proper officers of excise shall direct or require, such fit and convenient bars, bolts, hasps, staples, and all other fastenings other than locks, which shall be necessary or useful for the locking down, fastening, or securing of all the hatches, scuttles, and other approaches (if any) leading to or connected with the hold, or other part of such vessel, where any goods on board such vessel shall be stowed or deposited; and such master shall also on such arrival, and before the entrance of such vessel into either of the said basens, to the utmost of his power, and with a sufficient number of the crew of or persons employed on board such vessel, assist such officers in the locking of such fastenings, in such man er as such officers shall think fit, with one or more Jock or locks, to be provided by such officers, for the best and most effectual securing every such approach; and the proper officers of excise shall immediately lock such fastenings in such manner as to lock and secure all the said approaches; and the same shall remain so locked at all times whilst the vessel shall be within the port, except at such times as the cargo of such vessel shall be unloading, and that only between the hours of six in the morning and six Hours of unin the evening, from 30th April till 1st October, and between the hours of seven in loading. the morning and four in the afternoon, from 30th September to 1st May, in every year and if the master of any such vessel shall refuse or neglect to have in readior to fix and apply in such manner as the proper officers of excise shall direct or require, any of such fastenings (other than locks), or neglect or refuse to assist any such officer in the locking thereof, with any lock provided by such officer, or nes, |