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HARBOURS ACT 1814

HARBOURS ACT 1814 - LONG TITLE

An Act for the better Regulation of the several Ports, Harbours,
Roadsteads, Sounds, Channels, Bays, and Navigable Rivers in the
United Kingdom; and of His Majesty's Docks, Dock Yards, Arsenals,
Wharfs, Moorings, and Stores therein; and for repealing several Acts
passed for that Purpose.{1}
[29th July 1814]
S.1 rep. by SLR 1873. Ss.29 rep. by 1865 c.112 s.1 sch. S.10 rep.
by 1875 c.25 s.18 sch.2

HARBOURS ACT 1814 - SECT 11
Penalty on persons casting ballast, rubbish, &c. into harbours or
navigable rivers, &c.

11. And 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
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 store,
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 [#100], over and besides all expences
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 expences 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, unlading, 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, anything herein contained to the contrary thereof in
anywise notwithstanding.

HARBOURS ACT 1814 - SECT 12
Manner in which ships may unlade ballast, rubbish, &c.

12. And, for the more effectually preventing such injuries, 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 directed, in order that the same may be
conveyed as near the shore as possible at the time of high water
as herein-before directed.

HARBOURS ACT 1814 - SECT 13
Ballast, &c. to be cast on shore from the side of the ship
nearest to the land.

13. And ... all such ballast and other matter shall in all the
above-mentioned cases be cast on shore from the side of the ship,
lighter, barge, boat, or other craft, which shall be nearest to the
land, and not otherwise; and every 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 ten pounds, over and above all
expences 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 expences to be recoverable in such
manner and with such powers of commitment or non-payment thereof, as
in cases of penalties or forfeitures under this Act.

HARBOURS ACT 1814 - SECT 14
Penalty on persons taking ballast or shingle from the shore of
harbours, when prohibited by order of the Admiralty.

14. And, in order to prevent damage being done to the shores or
banks of the ports, harbours, or havens in this kingdom, no person
or persons shall take any ballast or 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 commissioners for executing
the office of lord high admiral of the United Kingdom for the time
being shall find it necessary for the protection of such 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, shall prohibit
the taking or removing of such shingle or ballast, upon pain of
forfeiting for every such offence the sum of ten pounds.

HARBOURS ACT 1814 - SECT 15
Tarpaulins to be used in taking in and discharging ballast, under
penalty of #5.

15. And in the taking of ballast into any ship or vessel, lighter,
barge, boat, or other craft, and also in the discharging of the
same from any ship or vessel into any lighter, boat, barge, or
other craft, every such ship or vessel, lighter, barge, boat, or
other craft shall be provided with and shall make use of one or
more tarpaulin or tarpaulins properly stretched and spread, in order
to prevent such ballast or any part thereof from falling into the
sea, or into any harbour, haven, or navigable river; and in case
any person or persons shall either take any ballast into any ship
or vessel, lighter, barge, boat, or other craft, or shall discharge
the same from any ship or vessel into any lighter, barge, boat, or
other craft, without using such sufficient tarpaulin or tarpaulins,
properly stretched and spread in order to prevent such ballast or
any part thereof from falling into the sea, or into any such
harbour, haven, or navigable river, all and every person and persons
offending therein shall for every such offence forfeit and pay the
sum of five pounds.

HARBOURS ACT 1814 - SECT 16
Power to dispense in certain cases with the foregoing provisions as
to ballast.

16. And it may be lawful for the lord high admiral, or lords
commissioners 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 dispensing
with the foregoing provisions relative to ballast, in cases that may
seem to require such dispensation.

Ss.1720 rep. by 1865 c.112 s.1 sch.

HARBOURS ACT 1814 - SECT 21
Recovery and application of penalties.

21. And all the penalties and forfeitures imposed by this Act shall
be sued for within twelve calendar months 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; ... and every such
commissioner of the navy and justice of the peace is hereby
authorized 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 offenders 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 authorized and empowered to
administer), such penalty or forfeiture, ... shall not be forthwith
paid, it shall be lawful for such commissioner of the navy or
justice of the peace to commit any such offender or offenders to
the [prison] for the county, city, or borough, at or near to the
place where the offence or offences shall be committed, ....

HARBOURS ACT 1814 - SECT 22
Commissioners of the navy and justices of the peace may execute
this Act beyond the limits of their jurisdiction.

22. And whereas divers ports, harbours, havens, roads, roadsteads,
sounds, channels, creeks, bays, and navigable rivers in this kingdom
do lie partly in one county and partly in another, and partly or
in the whole out of the body of any county of this realm; by
reason whereof doubts may arise as to the jurisdiction of any
commissioner of the navy or justice of the peace touching any
offence or offences which may be committed contrary to this Act: it
shall be lawful for any commissioner of the navy residing at or
near to any port, harbour, or haven, or any part thereof, or for
any justice of the peace, for any county, city, or borough, acting
in and for any district or place next adjoining to any such port,
harbour, haven, road, roadstead, sound, channel, creek, bay, or
navigable river, or any member of any of them, where any such
offence or offences may be committed, to proceed in the execution
of this Act, and of all the powers and authorities thereof, herein
and hereby given to commissioners of the navy and justices of the
peace, in such and the same manner, and as fully and effectually
to all intents and purposes, as if such offence or offences had
been committed locally within the limits of the jurisdiction of such
commissioner of the navy or justice of the peace, although the same
may have been committed out of the limits of the jurisdiction of
such commissioner or justice, or out of the body of any county of
this realm.

S.23 rep. by SLR 1953; SL(R) 1976. S.24 rep. by SLR 1953. S.25
rep. by 1946 c.13 (NI) s.16(3) sch.

HARBOURS ACT 1814 - SECT 26
Appeal to quarter sessions.

26. And it shall and may be lawful to and for any person or
persons so convicted by any commissioner of the navy ...
before-mentioned of any offence or offences against this Act within
three calendar months next after such conviction to appeal to the
justices of the peace assembled at the general quarter sessions ....

S.27 rep. by SLR 1873; SLR 1888; 1893 c.61 s.2 sch.

HARBOURS ACT 1814 - SECT 28
Saving as to rights of corporations.

28. Provided always, that nothing in this Act contained shall extend
or be construed to extend to prejudice, diminish, abridge, alter, or
take away any right of property, privilege, or jurisdiction, or any
powers of conservancy, held, possessed, used, exercised, or enjoyed
by any body corporate or politic, ... or any person or persons
whatsoever, in, to, upon, or over any of the ports, harbours,
havens, roads, roadsteads, sounds, channels, creeks, bays, or
navigable rivers of the United Kingdom, or to the banks, shores, or
sides thereof; or to repeal any of the provisions contained in any
Act or Acts of Parliament which may have been passed for the
regulation of any river, port, or harbour in the United Kingdom, or
the shipping frequenting the same, except such Acts and provisions
as are expressly repealed by this present Act; but that such
respective rights of property, privileges, jurisdictions, and powers
of conservancy shall be respectively and exclusively enjoyed in as
full, ample, and beneficial a manner in every respect to all
intents and purposes as if this Act had never been made; any thing
herein contained to the contrary notwithstanding.






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URL: http://www.bailii.org/nie/legis/num_act/ha1814115.txt