to assist ves

lord warden for that purpose within the jurisdiction of the Cinque Ports, for the pur- 53 Geo. 3. pose of assisting ships in distress and conducting them into and out of the harbours of c. 140. Dover, Ramsgate, Margate, and Folkstone, and putting licensed Cinque Port pilots Botmen to on board of vessels coming from the westward and bound up the river of Thames and be licensed Medway; and 50 of such boatmen shall constantly reside at Dover, 50 at Deal, 20 sels in distress at Ramsgate, and 20 at Margate; and all such boatmen shall be respectively required and carry off by such licences so to reside at the respective places to be specified in their licences, pilots. and shall, upon quitting their places of residence, or neglecting to use or act under Residence. the same for the space of two months, unless prevented by illness, forfeit such licences: and all such boatmen, before any such licence shall be given, shall be examined as to Boatmen to their knowledge of the coast, and their ability to conduct vessels into the Downs, and be examined the harbours of Dover, Ramsgate, and Margate and Folkstone, by the commissioners before licence of the lord warden of the Cinque Ports for settling salvage, and the other commis- granted. sioners appointed by this act, at the respective places where such boatmen shall apply to be licensed, at a meeting to be held for the purpose of this act, upon whose certificate the lord warden or his lieutenant, or the deputy lieutenant governor of Dover Castle, or such other persons as shall be authorized, are hereby authorized to grant such licences; and if the number of persons so approved and qualified to act as such licensed boatmen shall exceed the number prescribed by this act, the names of the persons so approved and qualified shall be entered in a book to be provided for that purpose, together with the times of their approval and examination, in order that they may regularly succeed by rotation to the vacancies that may from time to time occur of such licensed boatmen; and licences shall thereupon be granted to such boatmen, in such order and rotation from time to time as vacancies arise by death or forfeiture of licences or otherwise, in order that such number of licensed boatmen for such respective places as aforesaid may at all times be complete.

Rule 49. The mayor of Dover, the mayor of Sandwich, and the mayor of Deal, Commissionand also the two senior justices of the peace for each of those places for the time being, ers for exanot being commissioners of salvage, are hereby appointed jointly with the said com- mining boat. missioners of salvage of the lord warden, commissioners for the purpose of carrying men, § 2. this act into execution within their respective jurisdictions, and examining such boatmen, and granting such certificates as aforesaid to boatmen for licences under this act.

Rule 50. It shall be lawful for the said commissioners of salvage at the respective Rules for places for which they are authorized and empowered to act as such commissioners, boatmen, § 3. under 48 Geo. 3. c. 130. [TITLE 8.] to make regulations for the government of such number of boatmen to be licensed under this act, as are hereafter specified, at their respective places; and such regulations, when made, shall be printed and put up in conspicuous parts of the custom houses, piers, harbours, and places, to which such regulations apply, for the inspection of all such boatmen and other boatmen, and all other persons having occasion to employ such boatmen, and all persons interested in the enforcing such regulations.

Rule 51. No licence to be granted under the authority and provisions of this act, Stump duty, to any boatman, shall be subject to any stamp duty. § 4.

Rule 52. Every such licence shall be written or printed in large characters, so as Licence to to be read with great facility by night as well as by day; and shall contain a descrip- describe the tion of the person to whom the same is granted, and his place of residence, and the person, and to date of granting thereof, and shall specify by whom the same was granted; and any be produced boatman so licensed shall, when on float, have with him his proper licence, and shall, to officers, whenever the same shall be demanded by any officer of customs or excise, or the mas-5. ter of any merchant vessel, produce the same for inspection: and any boatman who Altering or shall alter any such licence, or obliterate the same, or knowingly suffer any alteration lending li or obliteration to be made in such licence, or who shall transfer or lend any such licence cence. to any other person, or who shall refuse to produce his licence for inspection, shall for every such offence forfeit such licence, or forfeit not exceeding 10l. at the discretion of the said commissioners.

Rule 53. No such licence, or any provision relating thereto or contained in this act, Smuggling in relation to any such boatmen, and no regulations made under the authority thereof, acis, &c. § 6. shall have any effect to alter or interfere with any thing contained in this act, or in any act passed and now in force, or which may hereafter be passed, for the prevention of smuggling; or to exempt any such licensed boatman from any of the provisions of any such act relating to the customs or excise.

Rule 54. If any boatman licensed under this act be convicted of any offence Offending against any law relating to the revenue of customs or excise, or be concerned in or agajest levewilfully connive at any indirect practice or frauds against the revenue of customs or nuelaws. § 7. excise, or shall procure, abet, connive at or participate in any dishonest spoil, con- Fraud, &c. cealment, fraud, exaction, or corrupt practice, relating to vessels, or persons in dis

53 Geo. 3. c. 140.

Rates to boatmen, S.

Distress.

Disputes be tween boat

tress at sea or by shipwreck, or relating to the tackle, apparel, furniture, or cargoes of any such vessel, or relating to the crew or passengers belonging thereto, or the money, goods, or chattels of any of them; then any such licensed boatman shall, over and above all other punishments, mulcts, or penalties, for such offences, forfeit his licence, or be suspended from acting as a licensed boatman, at the discretion of the said commissioners.

Rule 55. All such licensed boatmen shall be paid the rates now allowed for putting Cinque Ports' pilots on board vessels, but shall not be entitled to any such rates unless the pilot is actually shipped and put on board of such vessels, and such boatmen shail be entitled to demand, have, and receive the sum of 5s. for every foot of the draft of water of any vessel piloted by them into any of the said harbours, and 3s. for every foot draft of water for piloting out of any of the said harbours; and such payments shall in both cases include the hire of the boat and crew in moderate weather; but if such pilotage or assistance shall take place under any circumstances of distress, then such boatmen shall be allowed such sum as the said commissioners of salvage of the lord warden shall in each such case award.

Rule 56. It shall be lawful for the commissioners of salvage at any of the places for which commissioners of salvage shall be appointed, upon the application of any men and pas- boatnian or of any passenger landed by any boatman at any such places, to hear and sengers, § 9. in a summary manner to settle any dispute which shall arise between any such boatman or passenger, and to fix and adjust the sum to be paid by such passenger, for any service which shall have been performed by such boatman in the bringing on shore or landing from any vessel any passenger, or the goods or baggage of any passenger, and to make such order in relation thereto as shall appear to the said commissioners to be necessary and proper; and such commissioners shall for that purpose use and exercise all such and the like powers and authorities as are given to them in case of salvage, by the said act of 48 Geo. 3.

Boatmen

cruising with out a pilot,

to leave one of boatmen

on board of ship, $10.

Boats to be

Rule 57. No more than two licensed boatmen shall be allowed to go in each boat; and in every case in which any such licensed boatinen shall be cruising without any licensed Cinque Ports' pilot, and shall fall in with any vessel requiring a licensed Cinque Ports' pilot, one of the licensed boatmen shall be left on board the vessel wanting such pilot, as a guarantee for a proper licensed Cinque Ports' pilot being brought or sent off the shore to such vessel; and the boatman so left shall not be entitled to any sum of money or payment for being so left, or being on board of such vessel.

Rule 58. Every such licensed boatman having a boat, shall cause the number of marked, 11. his licence to be distinctly painted in figures on each bow and quarter of such boat, and on both sides of every one of the sails thereof, with the addition for the Dover boats, of the Roman letters D. R. in black; the Deal boats, the letter D. in black ; the Ramsgate boats, the letter R. in black; the Margate boats, the letter M. in black, which figures and letters shall be at least 18 inches in length, and 12 inches in breadth : and every licensed boatman who shall not have the proper number and mark distinctly painted in manner aforesaid, on the sails of his boat, or who shall have any sails on board not duly numbered and marked as aforesaid, or improperly numbered and marked, or who shall in any manner evade or attempt to evade any of the provisions of this act, shall forfeit his licence, and also not exceeding 10l.

Boatmen not

licensed car rying marks,

$12.

Boatmen re

Rule 59. If any boat or vessel not having a licensed boatman on board, shall without lawful authority carry such distinguishing numbers and marks, the owners, or the master of such boat or vessel, shall for every such offence forfeit 107.

Rule 60. Every such licensed boatman who shall, on being applied to by a licensed fusing to take Cinque Ports' pilot to take him off to any vessel, refuse so to do, unless prevented by off pilots, illness, shall, upon due proof thereof to the satisfaction of the commissioners for executing this act, in the place where he shall be licensed, forfeit his licence, and not exceeding 201. for each offence.

$13.

Pilots neg

lecting to go off, 14.

How long li

Rule 61. If any pilot, whose turn it shall be to go off on duty, shall refuse or neglect so to do, on being applied to by any licensed boatman to go off to any vessel, such pilot shall lose his turn, and such vessel shall be piloted by any duly licensed pilot who shall first get on board, but which shall not be taken for the turn of duty of such last-mentioned pilot.

Rule 62. All licences to be granted by virtue of this act, shall continue in force cences to con- during so long time as the boatmen to whom the same shall be granted shall faithfully tinue in force, and diligently discharge their duty; and no such licence shall be annulled or sus$15. pended but upon such grounds of complaint or incapacity, negligence, or misbehaviour, and an order made thereon by the commissioners acting in execution of this act, at a meeting to be held for the purposes of the said act.

Former act,

$17.

Rule 63. It shall be lawful for His Majesty in council by any order made for that purpose, and published by proclamation in the Gazette, to suspend so much of the

preceding act (a) as directs the Cinque Ports' pilots constantly to ply at sea, and be 53 Geo. 3. afloat, between the distances in the said act specified, either for any period His Ma- c. 140. jesty shall think proper, and to be in such case specified in such order and proclamation, or until any further order of His Majesty in council shall be issued for again carrying the said provision of the said recited act into effect and execution; and all the provisions, penalties, and forfeitures in relation to such specified number of pilots constantly plying at sea, and regulations for enforcing the same, shall, upon the issuing of such proclamation, continue so suspended.

TITLE CCXXXVIII.-EAST INDIA DOCKS.

[THE regulations connected with the Docks throughout the kingdom, can hardly be considered as forming a part of the Laws of Customs or Excise, and yet are so closely connected with them, as to render a knowledge of the Dock Laws essential not only to the Merchant, the Broker, the Owner, and the Master of a Ship, but also to the Revenue Officer. The plan adopted here has been to select such points as concern the Revenue of Customs or Excise in the London, Bristol, and Liverpool Dock Acts, as being the principal ports of England.

The Rates payable at the Docks at each of these places will be found under TITLES 262-283.]

Rule 1. THE same rights and privileges as belong to the present port of London 43 Geo. 3, shall be extended to the East India docks and basons, which, except as herein directed, c. 126. (b) shall be deemed to be parts of the said port of London: and all vessels entering into, § 62. or loading or unloading, in any of the said docks and basons, and all goods, and other Privileges of things which shall be loaded or unloaded in, or shall pass through, the same, and all port of Lonowners and masters of ships, merchants, and others resorting thereto, shall be subject to the several regulations, and liable to the several duties, which they are or have been subject to in the port of London.

don.

Rule 2. When any such dock or bason, and other works to be made and built by Where East virtue of this act, shall be so far completed as to be fit and ready for the reception of Indiaor China ships, all the vessels which shall arrive from any part of the East Indies or China, into ships shall the river Thames, with cargoes of produce from the East Indies or China, shall unload unload, § 63. or discharge the whole of their respective cargoes within some or one of the said docks or basons, and not elsewhere, except such part thereof as may be directed by the commissioners of customs to be unloaded or discharged into any lighter or other craft in the employ of the East India Company, at Long Reach, for the purpose of lessening the draught of water of any such vessel, and the goods so unloaded or discharged, being produce from the East Indies or China, and in respect whereof any duties shall be payable, may afterwards be stored or deposited in the warehouses of the East India Company, according to the laws now in force in relation to goods imported from the East Indies or China; and in case any owner or master of any vessel in the East India trade shall unload or discharge, or cause or permit or suffer to be unloaded or discharged, any such goods, at any time after any such dock or bason shall be fit for the reception of ships as aforesaid, from his vessel, in any other place in or near the port of London than within such dock or bason, except as hereinbefore mentioned, then every such owner or master of such vessel shall, for every such offence, forfeit 1001.

Rule 3. If at any time it should happen, that by reason of the said docks or Where ships basons being filled with shipping, or of some accident or other cause, any vessel which may unload if shall have come from the East Indies or China into the river Thames cannot be admit- they cannot, ted into and unloaded within any of the said docks, &c. belonging to the said com- be admitted pany, pursuant to this act, then it shall be lawful for the commissioners of customs in into dock, England to permit the cargo of any such vessel, or any part thereof, to be discharged 64. at such other place, within the said port of London, as they the said commissioners shall direct and appoint.

Rule 4. When any such dock or bason, and other works, shall be ready for the Where outreception of ships, all such of the vessels belonging to, or frequenting the port of, ward bound London as shall be used in the East India trade shall, when the same shall be outward- ships shall bound to the East Indies or China, ship, load, or take in, all such part of their re- load, § 65 spective cargoes as shall be intended to be exported in any such vessel from the port of London, either in some or one of the said docks or basons, or in such part of the

(a) See Rule 1 of this title.

(b) Local and personal act.

48 Geo. 3. c. 126.

What vessels may go into docks, § 66.

Gunpowder, 73.

said river Thames as shall be below Limehouse-creek; and if any owner or master of any such vessel, being so outward-bound to the East Indies or China, shall ship, load, or take, or cause or permit to be shipped, loaded, or taken, on board of such vessel any part of the cargo of such vessel in the said port or river, elsewhere than in some or one of the said docks or basons, or than below Limehouse-creek aforesaid, then the owner or master of such vessel shall, for every such offence, forfeit 2001.

Rule 5. No vessel, other than vessels which shall have immediately come from, or shall be immediately bound to, the East Indies or China, and other than lighters and craft, to convey, deliver, discharge, or receive goods, or any other thing whatsoever to or from on board of any such vessels, or to be used in relation to the loading, unloading, or care of them in the said docks or basons, and other than vessels, lighters, and craft, bringing or carrying away materials, or any other thing for the building, alteration, or repairs of the said docks and basons, and the erections, buildings, and appurtenances thereunto belonging, or to be used in, or relating to, the buildings, alterations, repairs, or cleasings of the said docks and basons, and their appurtenances, shall at any time go into the said docks or basons, or any of the works belonging thereto, for any purpose whatsoever, without the consent in writing of the court of directors of the said company for that purpose first obtained; and in case any vessel, other than as aforesaid, shall at any time go into any of the said docks, &c. without such consent, every person having the command of any such vessel, other than as aforesaid, or who shall authorize or suffer her to go into any of the said docks, basons, or other works, shall, for every such offence, forfeit 507.

Rule 6. If any master of any lighter, or other vessel, shall suffer such lighter or other vessel to enter any of the said docks or basons, or any of the works to be made by virtue of this act, having on board any gunpowder, or having any gun or guns thereof not unloaded or discharged, or shall take, or cause or permit to be taken on board such lighter or other vessel, any gunpowder, or cause or permit to be loaden or charged any gun or guns thereof during such time as such lighter or other vessel shall Combustible remain in any of the said docks, &c. or shall permit any tar, (a) pitch, rosin, hemp, flax, faggots, furze, turpentine, oil, hay, straw, tallow, grease, shavings of wood, or other combustible thing to be or remain upon the deck of the lighter, or other vessel under his command in the said docks or basons, or any of them, above the space of 12 hours after such lighter, or other vessel, shall have entered the said docks or basons, or any of them, then every such master so offending shall forfeit, for every such offence, any sum not exceeding 101. nor less than 57.

matter.

46 Geo. 3. c 113. (b) $13.

Rule 7. The quays and wharfs which shall be built by the East India dock directors, within or along the sides or banks of such of the said docks as shall be enclosed and defended on all sides by high walls and strong and sufficient gates, are hereby deLa quays. clared to be legal quays and wharfs for the landing, re-landing, and discharging, lading, and shipping of any goods whatsoever, within the ports of London.

Regulations, § 14.

Lords of the

treasury to certify approval of

docks, &c. § 16.

Rule 8. All goods and things which shall be landed or shipped upon or from the quays or wharfs intended to be built in or near the said docks, or any of them, shall be subject to the like tolls, duties, dues, customs, and to the like regulations respectively, as if the same were landed upon, or shipped from, the present legal quays within the city of London, or as if the same intended quays or wharfs were situated within the said city, except in such cases as are hereinafter specified.

Rule 9. When any one or more of the said docks, by the preceding act and this act, authorized to be made and built by the said directors, with the several basons, quays, wharfs, and other works, belonging or to belong thereto, shall be so far completed, that in the judgment of the lords commissioners of the treasury the same shall be fit for the reception of ships, and the landing and shipping of goods, it shall be lawful for the said lords, by warrant under their hands, to certify the same; and such certificate shall be published three times at the least in the London Gazette, and in two or more public morning newspapers then usually circulated in London; and the said certificate so published shall be deemed sufficient notice to all parties interested of the completion of the several docks, and other works, concerning which such certificate of approbation shall be made; and from the expiration of 10 days next ensuing the first publication of the said certificate in manner aforesaid, all the rates and duties by the said act, and this act, made payable to the East India Dock Company for vessels entering into and using any of the said docks, or any of the basons and cuts belonging, or which shall belong thereto, and also for any goods which shall be landed

(a) By 54 Geo. 3. c. 228. § 28. (local and personal act) so much of the above act as relates to the removal of the said combustible matters, and the penalties for non-compliance with the directions of the said act in that behalf, are repealed.

(b) Local and personal act.

or discharged from, or shipped or taken on board of, any vessel lying within any of 46 Geo. 3. the said docks, or any of the basons or cuts belonging or which shall belong thereto, c. 113. shall commence, take effect, and become payable; and from thenceforth such of the Legal quays. quays and wharfs then made or built by the said company, as shall be described in such certificate to be fit for the reception of goods, shall be deemed to be legal quays and wharfs accordingly; and all the provisions in the preceding act, for compelling vessels that shall arrive in the river Thames with East India produce on board to unload the whole of such produce within some or one of the said docks, or on the quays or wharfs belonging, or which shall belong thereto, and for compelling such vessels belonging to or frequenting the port of London, as shall be used or employed in the East India trade, to ship, or take in their respective cargoes, and be loaded, either in some Loading and or one of the said docks or basons, or in such part of the river Thames as shall be be- unloading. low Limehouse-creek, shall take effect, except such part of such produce as may be directed by the commissioners of customs to be unloaded or discharged into any lighter or other craft in the employ of the East India Company, at Long Reach, for the purpose of lessening the draught of water of any vessel; and the goods, so unloaded or discharged, being produce from the East Indies or China, and in respect whereof any duties shall be payable, shall or may afterwards be stored or deposited in the warehouses of the East India Company, according to the laws now in force in relation to goods imported from the East Indies or China; and in case any owner or master of Ships uuloadany vessel in the East India trade shall, after the expiration of 10 days after the first ing out of publication of such certificate, unload or discharge, or cause or permit or suffer to be docks. unloaded or discharged, any goods, being produce from the East Indies or China, at any time after such docks or basons shall be fit for the reception of ships as aforesaid, from his vessel, in any other place in or near the port of London, than within such docks or basons (except as hereinbefore mentioned), then every such owner or master of such vessel shall, for every such offence, forfeit 5001.

Rule 10. From such publication of such certificate, all the gates and doors of such How and by of the said docks, quays, and wharfs, as shall be enclosed with a wall or walls, and a whom doors gate or gates as before-mentioned, shall be under the joint (a) locks of the said East and gates to India Dock Company and of the commissioners of customs and excise, or of their re- be locked, spective officers, and such gates and doors shall be locked and opened only in the $17. joint presence of one or more of the officers of the said East India Dock Company, and of one or more of the officers of customs and excise duly appointed and authorized in that behalf; and no such gate or door shall on any account whatsoever be locked or opened but in the joint presence of such officers respectively, during the whole time that any goods, being the produce of the East Indies or China, shall remain within the said dock, or on the quays or wharfs belonging thereto; and the officer, whose duty it shall be to attend to the locking up and opening of the said gates and doors respectively, shall lock up and open the same, or cause or procure the same to be locked up and opened in their presence, at the proper hours; and if any such officer shall refuse or neglect to attend at the locking up or opening of the said gates and doors respectively, as herein directed, every such officer so offending shall, for every such offence, (upon being convicted thereof,) forfeit 1007.

Rule 11. From such publication of such certificate upon the arrival of any vessel When hatches in the river Thames with a cargo of produce from the East Indies or China, the master, of vessels to chief mate, or second mate of such vessel, shall, on or before the arrival of such vessel be locked at Gravesend, well and securely lock down and fasten with strong and sufficient locks dowu, § 21. and other fastenings, to be provided at the expense of the owner of such vessel, all

the hatches leading to, or connected with, the cargo of such vessel; and from the time Master, &c. of her arrival at Gravesend, the said master, chief mate, or second mate, shall remain to remain on constantly on board such vessel, and keep such hatches of such vessel so locked down board. and fastened, until such vessel shall be safely moored in one of the said docks or basons, and until such master, chief mate, or second mate, shall have delivered the keys of such locks or fastenings to such officer or servant of the said East India Company as shall be duly authorized to receive the same; and in case the said master, chief mate, or second mate, of any such vessel, shall refuse or neglect to provide such locks and other fastenings, or to lock and fasten down the hatches of such vessel as aforesaid, or to keep the same so locked and fastened down, or shall leave such vessel, after her arrival at Gravesend, and before she shall be safely moored, and the said

(a) By 54 Geo. 3. c. 228. § 21. (local and personal act) so much of the above act as enacts, that all the gates and doors of such of the said docks, quays, and wharfs, as should be enclosed by the wall or walls, gate or gates, should be under the joint locks of the East India Dock Company, and of the commissioners of customs or excise, or their respective officers, shall, so far only as respects the outer dock and bason and the wharfs and quays adjoining thereto, be repealed.