Places appointed for breaming Ships, and leaving and receiving Gunpowder. Mafter, Owner or other Perfon, fhall pay fuch reasonable Sum of Money, not exceeding Five Pounds, as fhall be adjudged in a fummary way, by any Commiffioner of the Navy or Juftice of the Peace, to be recovered in the fame manner as any Penalty or Forfeiture is by this Act directed to be recovered, and with fuch Power of Commitment, on Nonpayment thereof, as in cafes of Penalties and Forfeitures under this Act. VI. And be it further enacted, That it fhall and may be lawful to and for the faid Lord High Admiral, or Three or more of the Com. miffioners for executing the Office of Lord High Admiral aforefaid for the time being, and he and they is and are hereby authorized and empowered, from time to time, by Order or Notice in Writing under his or their refpective Hand or Hands, or the Hand of his or their Secretary, to prohibit the breaming of any Ships or Veffels, Lighters, Barges, Boats or other Craft, at any Place or Places on Shore, where it may to them feem proper and necessary to prohibit the fame, and alfo to order at what Place or Places, within or near all or any of fuch Ports, Harbours, Havens, Roads, Roadfteads, Sounds, Channels, Creeks, Bays and Navigable Rivers in this Kingdom as aforefaid, no Private Ships of War, Tranfports or other Private or Merchant Ship or Veffel, Lighter, Barge, Boat or other Craft, fhall come, or be laden with or having on board thereof any Quantity or Quantities of Gunpowder, exceeding Five Pounds Weight in the whole; and alfo to appoint fit and proper Places, either afloat or on Shore, where all Gunpowder, exceeding Five Pounds Weight in the whole, fhall and may be left and depofited, by and from, or taken and received into, any fuch Ships or Veffels, Lighters, Barges, Boats or other Craft; all which Orders, Notices and Appointments of fuch Places fhall be notified in the London Gazette; and that the Mafter General or principal Officers of His Majefty's Ordnance, or any Three of them for the time being, fhall appoint fit and proper Persons there, to take in and receive, and also to give and deliver out all fuch Gunpowder, and upon the taking in thereof to give Receipts for the fame, and alfo to grant a Certificate to any fuch Owner, Mafter or other Perfon, of his having left and depofited all fuch Gunpowder, and having made and figned a Declaration in Writing under his Hand, of his having fo done, and that neither he nor any other Perfon or Perfons, to his Knowledge or Belief, had any Gunpowder, exceeding Five Pounds Weight in the whole, then on board fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, as the cafe may require; which Declaration every fuch Master, Owner or other Perfon is hereby required to make, as the cafe may require, and for which faid Certificate the Sum of One Shilling, and no more, fhall be paid; and every fuch Perfon fo to be appointed as aforefaid, fhall be accountable to the Owner or Owners of all fuch Gunpowder for the fame, and fhall deliver the fame to fuch Owner or Owners thereof upon demand, on being paid such reasonable Sum of Money for Warehouse Room, in Proportion to the Quantity of fuch Gunpowder, and the time for which the fame fhall have been kept, as fhall be afcertained and fixed, either by the faid Lord High Admiral, or Three or more of the Commiffioners for executing the Office of Lord High Admiral aforefaid, or by the Master General and principal Officers of His Majefty's Ordnance, or any Three or more of them, by any Rule, Order or Regulation, to be made in that behalf; fuch behalf; and that no Ship or Veffel having or having had any Quantity of Gunpowder on board, fhall be allowed to clear at any Cuftom House in any Port where there fhall be any fuch Place fo to be appointed as aforefaid, without producing and leaving fuch Certificate, together with the Chriftian and Surname of the Pilot (if any) who piloted fuch Ship or Veffel into fuch Port, at the Custom House of fuch Port; and all and every Owner, Master, Pilot or other Perfon Penalty. having the Charge or Command of any Private Ship of War, Tranfport or other Private or Merchant Ship or Veffel, Lighter, Barge, Boat or other Craft, which fhall come, arrive or be (except in cafes of Strefs of Weather) within any of the Distances fo to be specified as aforefaid, having on board thereof any Quantity or Quantities of Gunpowder exceeding Five Pounds Weight together in the whole, or which, having come in under Strefs of Weather, fhall not unship and deliver all fuch Gunpowder within the Space of Twenty four Hours next after the ceafing of fuch Weather (and thereof forthwith give Notice at the Cuftom House to excufe the Production of fuch Certificate), fhall forfeit and pay the Sum of Five Pounds, for Penalty. each and every Five Pounds Weight of Gunpowder which shall be found or which fhall have been on board any fuch Ship or Vessel, Lighter, Barge, Boat or other Craft, within any of the Distances fo to be fpecified as aforefaid, and fo in Proportion for any greater or lefs Quantity; and every fuch Pilot, who fhall wilfully and knowingly In what cafe offend in the Premises, and fhall be thereof lawfully convicted, fhall Pilots rendered for ever thereafter be rendered incapable of acting as a Pilot. incapable. Breaming Ship except at appointed Places. VII. And be it further enacted, That no Private Ship of War, Tranfport or other Private or Merchant Ship or Veffel, Lighter, Barge, Boat or other Craft whatever, shall be breamed afloat in any of the Ports, Harbours or Havens, or other Places of this Kingdom, for which any fuch Rules, Orders or Regulations, fhall be made as aforefaid, or in which the fame fhall be in force, nor at any Place on Shore where fuch Breaming fhall have been prohibited as aforefaid, upon Pain that every Perfon offending therein fhall, for every fuch Offence, forfeit and pay the Sum of Five Pounds; and that no Fire Penalty. fhall be kept on board of any fuch Ship or Veffel, Lighter, Barge, Fires on board Boat or other Craft, in any fuch Port, Harbour or Haven, between Ships, &c. the Hours of Eleven in the Evening and Five in the Morning, from the First Day of October to the Thirty first Day of March inclufive; nor between the Hours of Eleven in the Evening and Four in the Morning, from the First Day of April to the Thirtieth Day of September inclufive, in every Year; upon Pain that every Owner, Master or other Perfon, having the Charge or Command of any fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, fhall, for every fuch Offence, forfeit and pay the Sum of Five Pounds; and that no Penalty. Pitch, Tar, Rofin, Turpentine, Greafe, Tallow, Oil or any other Turpentine, &c. combustible Matter whatsoever, shall be boiled or heated on board boiled, &c. on any fuch Ship or Veffel, Lighter, Barge, Boat or other Craft what- board Ships, &c. foever, within the Diftance of Two hundred and fifty Yards from any of His Majesty's Ships or Veffels of War, or hired armed Ships or Veffels in His Majesty's Service, in any of the Ports, Harbours, Havens, Roads, Roadsteads, Creeks, Sounds, Bays or Navigable Rivers, as aforefaid, where the fame may happen to be; nor within the Distance of Two hundred and fifty Yards from any of His Majefty's Docks, Dock Yards, Arfenals or Wharfs, upon Pain that Penalty. Guns fhotted, Fired, &c. Penalties. Private Ships, &c. fearched for Gunpowder, &c. Owner, &c. refuling. Penalty. Unlicenfed Perfons fweeping for His Majefty's Stores. Penalty. A.D. 1814. every Owner, Master or other Perfon, having the Charge or Command of any fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, shall, for every fuch Offence, forfeit and pay the Sum of Five Pounds. VIII. And be it further enacted, That if any Owner, Master or other Perfon, having the Charge or Command of any Private Ship of War, Tranfport or other Private or Merchant Ship or Veffel whatsoever, fhall, while fuch Ship or Veffel fhall lie, or be in any of fuch Ports, Harbours, Havens, Roads, Roadsteads, Sounds, Channels, Creeks, Bays and Navigable Rivers, within the United Kingdom as aforefaid, keep any Gun or Guns of and belonging to fuch Ship or Veffel fhotted or loaded with Ball, or fhall fire or discharge or cause or permit to be fired or discharged any Gun or Guns on board fuch Ship or Veffel lying therein, before Sun-rifing or after Sun-fetting, every fuch Owner, Mafter or other Perfon as aforefaid, fhall, for every fuch Gun fo kept fhotted or loaded, forfeit the Sum of Five Shillings, and for every Gun fo fired or discharged, the Sum of Ten Shillings. IX. And, for the better Discovery of the Offenders against this Act, and for the Purpose of bringing them to Punishment, be it further enacted, That it fhall and may be lawful to and for any fuch Harbour Master, and alfo for any Officer belonging to any of His Majefty's Ships or Veffels of War, Docks, Dock Yards or Arfenals, and alfo for any Perfon or Perfons in their or any or either of their Aid or Affiítance, at any Hour between Sun-rifing and Sun-fetting, to go and enter into and on board of any fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, in order to fearch for Gunpowder, Guns fhotted, and the heating and melting fuch combuftible Matters aforefaid, within the Limits wherein the fame are by this Act prohibited; and if the Owner, Master or other Perfon then on board, having the Charge or Command of any fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, fhall, upon Demand in that behalf made, refuse to permit or fhall not permit any fuch Perfon or Perfons as aforefaid to come and enter into and on board of any fuch Ship or Vessel, Lighter, Barge, Boat or other Craft, and to make a due and proper Search and Examination for the Purposes aforefaid, every fuch Owner, Mafter or other Perfon as aforefaid, fhall, for every fuch Offence, forfeit the Sum of Ten Pounds. X. And, for the better Prevention of the Embezzlement of His Majefty's Stores, be it enacted, That no Perfon or Perfons, not being in His Majefty's Service, or employed in His Majefty's Dock Yards or Arfenals, and in the regular Performance of his Duty, or not being authorized fo to do for His Majefty's Ufe, by Licence under the Hand of fome Commiffioner of His Majefty's Navy, which faid Licence any fuch Commiffioner is hereby empowered to grant, and alfo to revoke at his Will and Pleasure, fhall on any Account or Pretence whatsoever creep or fweep for Anchors, Cables, Ropes, Rope Yarns or other Stores, loft or fuppofed to be loft in any of the Ports, Harbours, Havens, Roads, Roadfteads, Sounds, Channels, Creeks, Bays and Navigable Rivers of this Kingdom as aforefaid, within the Distance of One hundred Yards from any of His Majefty's Ships or Veffels of War, or hired Ships or Veffels in His Majesty's Service, or from any Moorings belonging to His Majesty, or within any fuch Distance fo to be marked as aforefaid, upon Pain of forfeiting, for every fuch Offence, the Sum of Ten Pounds. bours, &c. XI. And be it further enacted, That if the Owner, Mafter or Cafting Ballaft, other Perfon having the Charge or Command of any Private Ship of &c. into HarWar, Tranfport or other Private or Merchant Ship or Veffel, Lighter, Barge, Boat or other Craft what foever, or any Perfon working any Quarry, Mine or Pit, near to the Sea, or to any fuch Harbour, Haven or Navigable River as aforefaid, or any other Perfon or Perfons whatsoever, fhall caft, throw, empty or unlade, or caufe or procure to be caft, thrown, emptied or unladen, either from or out of any fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, or from the Shore, any Ballaft, Stone, Slate, Gravel, Earth, Rubbish, Wreck or Filth, into any of fuch Ports, Roads, Roadfteads, Harbours, Havens or Navigable Rivers of this Kingdom as aforefaid, fo as to tend to the Injury or Obftruction of the Navigation thereof, or in any Place or Situation on Shore where the fame fhall be liable to be washed into the Sea, or into any fuch Ports, Reads, Roadfteads, Harbours, Havens or Navigable Rivers, either by ordinary or high Tides or by Storms or Land Floods; all and every fuch Perfon and Perfons fo offending fhall, for every fuch Offence, forfeit and pay a Sum not exceeding the Sum of Ten Pounds, over and Penalty. befides all Expences which may be incurred in removing to a proper Place the faid Matters which may have been depofited contrary to the Provifions of this Act, fuch Expences to be recoverable in fuch manner and with fuch power of Commitment on Nonpayment thereof, as in cafes of Penalties or Forfeitures under this Act: Provided that Provifo. nothing herein contained fhall extend or be conftrued to extend to the cafting out, unlading or throwing out of any Ship or Veffel, Lighter, Barge, Boat or other Craft, any Stones, Rockst, Bricks, Lime or other Materials ufed or to be ufed 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 any wife notwithstanding. + Sic. may unlade Lallaft. XII. And, for the more effectually preventing fuch Injuries, be it In what manfurther enacted, That no Ship or Veffel, Lighter, Barge, Boat or ner Ships, &c. Craft whatsoever, fhall unlade on any Part of the Shore (except on fome Wharf properly conftructed for the Purpose) any Ballaft, 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 fuch Purpose, every fuch Ship or Veffel, Lighter, Barge, Boat or Craft fhall approach the Shore, as far as the Tide and the Draught of Water of fuch Ship, Veffel, Lighter, Barge, Boat or Craft will admit, and fhall, under no circumftances, and in no Situation, depofit any of the faid Matters below Low Water Mark at Neap Tides; and that every Veffel drawing above Eleven Feet of Water at the Stern, fhall unlade all fuch Materials into fome Lighter, Barge or Boat, as hereinbefore directed, in order that the fame may be conveyed as near the Shore as poffible at the time of High Water, as herein before directed. XIII. And be it further enacted, That all fuch Ballaft and other Ballast caft on Matter fhall, in all the above mentioned cafes, be caft on Shore from Shore from Side the Side of the Ship, Lighter, Barge, Boat or other Craft, which of Ship nearest fhall be nearest to the Land, and not otherwife; and every Person to Land. 54 GEO. III. 3 H who Penalty. Taking Ballaft from Shore in Harbours. Penalty. Tarpaulins used in taking in and discharging Ballaft. Penalty. Provifions relative to Ballast dispensed with. Ships, &c. funk, ke, raised, &c. who fhall offend in any of the above Particulars fhall, 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 faid Matters which may have been depofited contrary to the Provifions of this Act, fuch Expences to be recoverable in fuch manner and with fuch Powers of Commitment on Nonpayment thereof, as in cafes 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 Perfons fhall take any Ballast er 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 Commiffioners for executing the Office of Lord High Admiral of the United Kingdom for the time being, fhall find it neceflary for the Protection of fuch 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, fhall prohibit the taking or removing of fuch Shingle or Ballaft, upon pain of forfeiting for every fuch Offence the Sum of Ten Pounds. XV. And be it further enacted, That in the taking of Ballast into any Ship or Veffel, Lighter, Barge, Boat or other Craft, and alfo in the discharging of the fame from any Ship or Veffel into any Lighter, Boat, Barge or other Craft, every fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, fhall be provided with, and fhall make ufe of One or more Tarpaulin or Tarpaulins properly ftretched and spread, in order to prevent fuch Ballaft or any Part thereof from falling into the Sea, or into any Harbour, Haven or Navigable River; and in cafe any Perfon or Perfons shall either take any Ballaft into any Ship or Veffel, Lighter, Barge, Boat or other Craft, or fhall discharge the fame from any Ship or Veffel into any Lighter, Barge, Boat or other Craft, without ufing fuch fufficient Tarpaulin or Tarpaulins, properly stretched and spread, in order to prevent fuch Ballaft or any Part thereof from falling into the Sea, or into any fuch Harbour, Haven or Navigable River; all and every Perfon or Perfons offending therein fhall, for every fuch Offence, forfeit and pay the Sum of Five Pounds. XVI. And be it further enacted, That it may be lawful for the Lord High Admiral, or Lords Commiffioners for executing the Office of Lord High Admiral, to grant Licences under their Hands and Seal of Office, or under the Hand and Seal of Office of his or their Secretary, for difpenfing with the foregoing Provifions relative to Ballaft, in cafes that may feem to require fuch Difpenfation. XVII. And Whereas Ships or Veffels, Lighters, Barges, Boats ⚫ and other Craft, are oftentimes funk or ftranded in the Ports, Harbours, Havens, Roads, Roadfteads, Sounds, Channels, Creeks, Bays and Navigable Rivers of this Kingdom; and the fame or the Hulks thereof are frequently fuffered to fink into and remain in ⚫ the Sand there, to the great Damage of the faid Ports, Harbours, Havens, Roads, Roadfteads, Sounds, Channels, Creeks, Bays and Navigable Rivers, and alfo to the great Danger and Damage of the Ships and Veffels coming and reforting to the fame: For remedy whereof, be it further enacted, That when and as often as any |