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HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - LONG TITLE

An Act for consolidating in One Act certain Provisions usually
contained in Acts authorizing the making and improving of Harbours,
Docks, and Piers.{1}
[11th May 1847]
Preamble rep. by SLR 1891[

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 1
Incorporation with special Act.

1.] This Act shall extend only to such harbours, docks, or piers
as shall be authorized by any Act of Parliament hereafter to be
passed which shall declare that this Act shall be incorporated
therewith; and all the clauses of this Act, save so far as they
shall be expressly varied or excepted by any such Act shall apply
to the undertaking authorized thereby, so far as they are applicable
to such undertaking, and shall, with the clauses of every other Act
incorporated therewith, form part of such Act, and be construed
therewith as forming one Act.

And with respect to the construction of this Act, and any Act
incorporated therewith:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 2
""The special Act'':

2. The expression "the special Act" used in this Act shall be
construed to mean any Act which shall be hereafter passed
authorizing the construction or improving of an harbour, dock, or
pier, and with which this Act shall be incorporated; and the word
"prescribed" used in this Act in reference to any matter herein
stated shall be construed to refer to such matter as the same
shall be prescribed or provided for in the special Act, and the
sentence in which such word occurs shall be construed as if instead
of the word "prescribed" the expression "prescribed for that purpose
in the special Act" had been used; and the expression "the
prescribed limits" used with reference to the harbour, dock, or pier
shall mean the distance measured from the harbour, dock, or poer,
or other local limits (if any) beyond the harbour, dock, or pier,
within which the powers of the harbour master, dock master, or pier
master, for the regulation of the harbour, dock, or pier, shall by
the special Act be authorized to be exercised; and the expression
"the lands" shall mean the lands which shall by the special Act be
authorized to be taken or used for the purposes thereof; the
expression "the harbour, dock, or pier" shall mean the harbour,
dock, or pier, and the works connected therewith, by the special
Act authorized to be constructed; the expression "the harbour master"
shall mean, with reference to any such harbour the harbour master,
and with reference to any such dock the dock master, and with
reference to any such pier the pier master, respectively appointed
by virtue of this or the special Act, and with respect to all
Acts authorized or required to be done by such harbour master, dock
master, or pier master, shall include the assistants of every such
harbour master, dock master, or pier master; and the expression "the
undertakers" shall mean the persons by the special Act authorized to
construct the harbour, dock, or pier, or otherwise carry into effect
the purposes of the special Act with reference thereto.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 3
Interpretations in this and the special Act:

3. The following words and expressions in both this and the special
Act, and any Act incorporated therewith, shall have the meanings
hereby assigned to them, unless there be something in the subject
or context repugnant to such construction; (that is to say,)Words
importing the singular number only shall include the plural number,
and words importing the plural number only shall include the
singular number:Words importing the masculine gender only shall
include females:The word "person" shall include corporation, whether
aggregate or sole:The word "lands" shall include messuages, lands,
tenements, and hereditaments, or heritages, of any tenure:The word
"vessel" shall include ship, boat, lighter, and craft of every kind,
and whether navigated by steam or otherwise:

The word "master", when used in relation to any vessel, shall be
understood to mean the person having the command or charge of the
vessel for the time being:

The word "owner", when used in relation to goods, shall be
understood to include any consignor, consignee, shipper, or agent for
sale or custody of such goods, as well as the owner thereof:

The word "goods" shall include wares and merchandize of every
description, and all articles in respect of which rates or duties
are payable under the special Act:The word "rate" shall mean any
rate or duty or other payment in the nature thereof payable under
the special Act:

The expression "the collector of rates" shall mean the person
appointed by the undertakers to collect the rates by the special
Act authorized to be levied by them, and shall include the
assistants of such collector:

The word "month" shall mean calendar month:

The expression "superior courts," where the matter submitted to the
cognizance of the superior courts arises in... Ireland, shall mean
Her Majesty's superior courts of record at... [Belfast]...:

The word "oath" shall include affirmation in the case of Quakers,
and any declaration lawfully substituted for an oath in the case of
any other persons allowed by law to make a declaration instead of
taking an oath:

Definition rep. by SLR 1980

The word "justice" shall mean justice of the peace acting for the
place where the matter requiring the cognizance of any such justice
arises, and where such matter arises in respect of lands situate
not wholly in any one jurisdiction, shall mean a justice acting for
the place where any part of such lands shall be situate; and where
any matter shall be authorized or required to be done by two
justices, the expression "two justices" shall be understood to mean
two or more justices met and acting together:

...

Definitions rep. by SLR 1891; SLR 1980

And with respect to citing this Act, or any part thereof:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 4
Short title.

4. In citing this Act in other Acts of Parliament and in legal
instruments it shall be sufficient to use the expression, "The
Harbours, Docks, and Piers Clauses Act, 1847".

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 5
Incorporation of parts of this Act in other Acts.

5. For the purpose of incorporating part only of this Act with any
Act hereafter to be passed, it shall be enough to describe the
clauses of this Act with respect to any matter in the words
introductory to the enactment with respect to such matter, and to
enact that the clauses so described, or that this Act, with the
exception of the clauses so described, shall be incorporated with
such Act; and thereupon all the clauses of this Act so incorporated
shall, save so far as they shall be expressly varied or excepted
by such Act, form part of such Act, and such Act shall be
construed as if such clauses were set forth therein with reference
to the matter to which such Act relates.

And with respect to the construction of the harbour, dock, or pier:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 6
Taking of lands for purposes of special Act to be subject to Lands
Clauses Acts.

6. Where by the special Act the undertakers shall be empowered, for
the purpose of constructing the harbour, dock, or pier, to take or
use any lands otherwise than with the consent of the owners and
occupiers thereof, they shall, in exercising the power so given to
them, be subject, if the harbour, dock, or pier be situate
in...Ireland, to the provisions and restrictions contained in this
Act and in the Lands Clauses Consolidation Act, 1845;... and the
undertakers shall make to the owners and occupiers of and all other
parties interested in any lands taken or used for the purposes of
this or the special Act, or injuriously affected by the construction
of the works thereby authorized, full compensation for the value of
the lands so taken or used, and for all damage sustained by such
owners, occupiers, and other parties by reason of the exercise as
regards such lands of the powers vested in the undertakers by this
or the special Act, or any Act incorporated therewith; and, except
where otherwise provided by this or the special Act, the amount of
such compensation shall be ascertained and determined in the manner
provided by the said Lands Clauses Consolidation Acts for determining
questions of compensation with regard to lands purchased or taken
under the provisions thereof; and all the provisions of the
last-mentioned Acts shall be applicable to determining the amount of
any such compensation, and to enforcing the payment or other
satisfaction thereof.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 7
Correction of errors and omissions in plans, &c.

7. If any omission, mis-statement, or wrong description shall have
been made of any lands, or of the owners, lessees, or occupiers of
any lands, described on the plans or books of reference relating to
the harbour, dock, or pier, deposited in compliance with the
standing orders of either House of Parliament or in the schedule to
the special Act, the undertakers, after giving ten days' notice to
the owners, lessees, and occupiers of the lands affected by such
proposed correction, may apply... to two justices,... for the
correction thereof; and if it appear to such justices... that such
omission, mis-statement, or wrong description arose from mistake, they
shall certify the same accordingly, and they shall in such
certificate state the particulars of any such omission, mis-statement,
or wrong description; and such certificate shall, along with the
other documents to which it relates, be deposited in...Ireland with
the [chief clerk for the county court division] in which the lands
affected by such alteration are situate;... and thereupon such plan,
book of reference, or schedule shall be deemed to be corrected
according to such certificate; and the undertakers may make the
works in accordance with such certificate, as if such omission,
mis-statement, or wrong description had not been made.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 8
Works not to be proceeded with until plans of all alterations
authorized by Parliament have been deposited.

8. The undertakers shall not commence the execution of the harbour,
dock, or pier, unless they shall have previously deposited with the
said [chief clerk of every county court division] in which the
harbour, dock, or pier is situate, a plan and section of all such
alterations from the original plan and section as shall have been
approved of by Parliament, on the same scale and containing the
same particulars as the original plan and section, and shall also
have deposited with the... clerks of the unions of the parishes in
Ireland,... in which such alterations shall have been authorized to
be made, copies or extracts of or from such plans and sections as
shall relate to such parishes....

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 9
Chief clerks, &c. to receive plans of alterations, and allow
inspedtion.

9. The said [chief clerks],... clerks of unions,... shall receive
the said plans and sections of alterations, and copies and extracts
thereof respectively, and shall retain the same, as well as the
said original plans and sections, and shall permit all persons
interested to inspect any of the documents aforesaid, and to make
copies and extracts of and from the same, in the like manner, and
upon the like terms, and under the like penalty for default, as is
provided in the case of the original plans and sections by the
Parliamentary Documents Deposit Act, 1837.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 10
Certified copies of plans and alterations, &c. to be evidence.

10. True copies of the said plans and books of reference, or of
any alteration or correction thereof or extract therefrom, certified
by any such [chief clerk]... which certificate such clerk shall give
to all parties interested, when required, shall be received in all
courts of justice or elsewhere as evidence of the contents thereof.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 11
Undertakers, in constructing harbour, &c. not to deviate beyond
limits defined upon plans.

11. The undertakers, in making the harbour, dock, or pier, shall
not deviate from the line of the works laid down in the said
plans more than the prescribed number of yards, and where no number
of yards is prescribed not more than ten yards, nor in any case
to any greater extent than the line of lateral deviation described
in the said plans with respect to such harbour, dock, or pier, nor
take or use for the purpose of such deviation the lands of any
person not mentioned in the books of reference, without his previous
consent in writing, unless the name of such person have been
omitted by mistake, and the fact that such omission proceeded from
mistake have been certified in manner herein-before provided.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 12
Consent of Commissioners of Woods, &c. and of the Admiralty, as to
works on foreshore, &c.

12. The undertakers shall not construct the harbour, dock, or pier,
or any part thereof, or any works connected therewith, on any part
of the shore of the sea, or of any creek, bay, arm of the sea,
or navigable river communicating therewith, where and so far up the
same as the tide flows and reflows, without the previous consent of
Her Majesty to be signified in writing under the hands of two of
the Commissioners of Woods, and of the Admiralty, to be signified
in writing..., and then only according to such plan and under such
restrictions and regulations as the said Commissioners of Woods and
the Admiralty approve of, such approval being signified as last
aforesaid; and where any such work shall have been constructed with
such consent as aforesaid, the undertakers shall not at any time
alter or extend the same, without obtaining previously to making any
such alteration or extension, the like consents or approvals; and if
any such work shall be commenced or completed without such consent
and approval, the said Commissioners of Woods, or the Admiralty, may
abate and remove the same, and restore the site thereof to its
former condition, at the costs of the undertakers, and the amount
of such costs shall be a debt due to the crown, and recoverable
against the undertakers accordingly: Provided always, that if the
conservancy of the navigable river shall legally belong to any
person, the like consent and approval of such person shall also be
necessary, in addition to the consents and approvals herein-before
required; and if the right of property of or in the shore shall
legally belong to any person, such right shall not be prejudiced,
except so far as power to purchase the same shall be given by the
special Act.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 13
Alterations in plans to be approved of by the Admiralty and the
Commissioners of Woods, &c.

13. If the undertakers propose to make any deviations from or
alterations in the plans of their works deposited as aforesaid, they
shall, before adopting and carrying such deviations or alterations
into execution, submit the plans thereof to the Admiralty, and also
to the said Commissioners of Woods; and no deviations from or
alterations in the deposited plans shall be adopted by the
undertakers unless approved by the Admiralty or the said
Commissioners respectively, signified in manner aforesaid, or otherwise
as they shall think proper.

And with respect to the construction of works for the accommodation
of the officers of Customs:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 14
Undertakers to erect watch-house, boat-house, huts, and weighing
materials, for custom house officers, and keep the same in repair.

14. The undertakers, before they shall be entitled to take any
rates in respect of the harbour, dock, or pier, if required so to
do by the Commissioners of Her Majesty's Customs, or at any time
thereafter when so required, shall erect on a suitable spot within
or near the harbour, dock, or pier, to be approved of by the said
commissioners, and always thereafter maintain, a watch-house and
boat-house for the use of the tide surveyors of the Customs and
their crew, of such size and materials and in such manner as shall
be approved of by the said commissioners, and shall also, to the
satisfaction of the said commissioners, provide from time to time a
sufficient number of huts for the use of the officers of revenue,
with all fit and necessary weighing materials; and shall at all
times keep such watch-house, boat-house, huts, and weighing materials
in good and sufficient repair.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 15
Penalty on undertakers neglecting to repair or provide watch-house,
&c.

15. If at any time such watch-house or boat-house or such huts or
weighing materials shall be out of repair, or not provided as
required by the said commissioners, and notice thereof be given to
the undertakers, they shall repair or provide the same to the
satisfaction of the said commissioners within three months after such
notice, or in default thereof shall forfeit the sum of one hundred
pounds for every month during which such watch-house, boat-house,
huts, or weighing materials shall continue out of repair or be not
provided, such penalty to be recovered in any of the superior
courts against the undertakers as a debt due to the crown, and to
be sued for by any officer of Customs, by the direction of the
said commissioners.

And with respect to life-boats:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 16
Life-boat, mortar, and rockets, to be provided by undertakers.

16. Unless it be provided by the special Act that the undertakers
need not provide life-boats, the undertakers, before they shall be
entitled to take any rates in respect of the harbour, dock, or
pier, shall provide and always thereafter maintain in good repair an
efficient and well-appointed life-boat, a Manby's mortar, and a
sufficient supply of Carte's rockets, or such other mortar and
rockets as the Admiralty, by writing under the hand of the
Secretary of the Admiralty, shall approve of, with all necessary
tackle, and a competent crew and proper persons for the effectual
working thereof, for the assistance and succour of vessels in
distress; and the undertakers shall cause such life-boat, mortar, and
rockets to be stationed at or upon the most advanced works of the
harbour, dock, or pier, or such other place as the Admiralty shall
approve of as aforesaid, and to be used on all necessary occasions.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 17
Penalty for not providing life-boat, &c.

17. The undertakers shall be liable to a penalty not exceeding two
pounds for every twenty-four hours during which the said life-boat,
mortar, and rockets, or any of them, or the tackle belonging
thereto, shall not be provided or maintained and stationed as
aforesaid.

And with respect to keeping a tide and weather gauge:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 18
Self-registering tide gauge and barometer to be provided by
undertakers.

18. Unless it be provided by the special Act that the undertakers
need not provide a tide or weather gauge, the undertakers, before
they shall be entitled to take any rates in respect of the
harbour, dock, or pier, shall provide and always thereafter maintain
in good repair and working order, in a proper part of the harbour,
dock, or pier, and in such manner as the Admiralty shall by
writing under the hand of the Secretary of the Admiralty approve
of, an efficient self-registering tide gauge, with a barometer, and
they shall cause the daily working and results of the said tide
gauge and barometer, and a daily account of the state of the wind
and weather, to be regularly and properly kept, and shall cause the
full and true results and details thereof to be sent monthly to
the Secretary of the Admiralty.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 19
Penalty for not providing tide gauge, &c.

19. The undertakers shall be liable to a panelty not exceeding two
pounds for every twenty-four hours during which the said
self-registered tide gauge and barometer shall not be provided or
maintained, or such account of the wind and weather shall not be
kept as aforesaid; and they shall be liable to a penalty not
exceeding ten pounds for each month they shall neglect or refuse to
send as aforesaid to the Secretary of the Admiralty a full and
true account of the daily workings of the said tide gauge and
barometer, and of the daily state of the wind and weather.

And with respect to the construction of warehouses, wharfs, and
other conveniences:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 20
Additional land required for extraordinary purposes.

20. The undertakers, in addition to the lands authorized to be
compulsorily taken by them under the powers of the special Act, may
contract with any party willing to sell the same for the purchase
of any lands adjoining or near to the undertaking for extraordinary
purposes; (that is to say,)

For making and providing additional yards, wharfs, and places for
receiving, depositing, and loading or unloading goods, and for the
erection of weighing machines, toll houses, offices, warehouses,
sheds, and other buildings and conveniences:

For making convenient roads to the harbour, dock, or pier, or any
other purpose which may be requisite or convenient for the formation
or use thereof.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 21
Warehouses, cranes, &c.

21. The undertakers may, as well upon the said lands as upon any
other lands acquired by them under the provisions of this and the
special Act, construct such warehouses, storehouses, sheds, and other
buildings and works as they may deem necessary for the accommodation
of goods shipped or unshipped within the harbour, dock, or pier,
and may erect or provide such cranes, weighing and other machines,
conveniences, weights, and measures as they think necessary for
loading, unloading, measuring, and weighing such goods.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 22
Working of cranes.

22. The undertakers or their lessees shall provide proper servants
and labourers for working such cranes at all reasonable times for
the use of the public.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 23
Power to lease wharfs, warehouses, &c.

23. The undertakers may lease or grant the use or occupation of
any warehouses, buildings, wharfs, yards, cranes, machines, or other
conveniences provided by them for the purposes of this or the
special Act, at such rents, and upon such terms and conditions as
shall be agreed upon between the undertakers and the persons taking
the same, provided that no such lease be granted for a longer term
than three years.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 24
Quays not to be deemed legal until approved by Treasury and
Customs.

24. And with respect to the quays, the quays of the harbour, dock,
or pier shall not be deemed to be legal quays for the shipping
and unshipping of goods until the same have been approved of by...
the Commissioners of Her Majesty's Customs... for that purpose; and
such quays, and the use thereof, shall be subject to all the same
rules, regulations, and restrictions to which legal or lawful quays
are or may be by law subject.

And with respect to the rates to be taken by the undertakers:

Ss.25, 26 rep. by 1970 c.1 (NI) s.36 sch.6

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 27
Tonnage of vessels, how to be ascertained.

27. For the purpose of ascertaining the tonnage rates payable upon
vessels under this or the special Act, the tonnage of British
vessels duly registered according to law shall be ascertained
according to the certified tonnage in the register of such vessels,
and the tonnage of all other vessels shall be ascertained according
to the rules of admeasurement for the time being established by law
for regulating the admeasurement of the tonnage and burthen of the
merchant shipping of the United Kingdom.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 28
Exemption of vessels in Her Majesty's or the public service, from
rates.

28. Nothing in this or the special Act contained shall extend to
charge with rates or duties, or to regulate or subject to any
control, any vessel belonging to or employed in the service of Her
Majesty, or any member of the royal family, or in the service of
the Customs or Excise, or of the Corporation of Trinity House of
Deptford Strond, or the Commissioners of Northern Lights, using the
harbour, dock, or pier, and not conveying goods for hire,..., or
any of the officers or persons employed in the service of the
Admiralty, Ordnance, Customs, Excise,..., or their baggage, or any
vessel or goods being under seizure by the officers of revenue, or
any naval, victualling, or ordnance stores, or other stores or goods
for the service of or being the property of Her Majesty, or any
troops landed upon or delivered or disembarked from any of the
quays of the harbour, dock, or pier, or their baggage; but all
such vessels, officers, or persons as aforesaid shall have the free
use of the harbour, dock, or pier, without any charge or rate
being made for using the same: Provided always, that if any person
claim and take the benefit of any such exemption as aforesaid
without being entitled thereto, he shall for every such offence be
liable to a penalty not exceeding [#50].

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 29
Vessels returning from stress of weather.

29. If any vessel for which the rates have been paid be obliged,
from stress of weather or other sufficient cause, after leaving the
harbour, dock, or pier, to return with the same cargo, the rates
so paid shall not again be payable in respect of such vessel.

S.30 rep. by 1970 c.1 (NI) s.36 sch.6

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 31
Vessels, &c. of countries with which treaties of reciprocity exist
to be charged as British vessels, &c.

31. Provided always, that the rates chargeable by this or the
special Act upon vessels not entitled to the privileges of a
British ship, or upon goods imported or exported in such vessel, or
upon persons not being British subjects, shall not be applicable to
vessels belonging to countries with which treaties of reciprocity
shall have been concluded, so long as such treaties shall continue
in force, nor to the goods imported or exported therein, nor to
the subjects of such countries, but during such period the same
rates shall be levied upon the vessels of such countries, and upon
the goods imported or exported therein, and upon the subjects of
such countries, as may be from time to time payable under this or
the special Act upon vessels entitled to the privileges of British
ships, or upon goods imported or exported in such vessels, or upon
the subjects of such countries.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 32
Power to compound for tolls payable in respect of passenger vessels,
or by persons using harbour, &c. for purposes of business or
pleasure.

32. The undertakers may from time to time agree with the
proprietors or masters of vessels engaged in transporting passengers,
or with any other persons using the dock, harbour, or pier, either
for purposes of business or pleasure, for the payment of a fixed
sum, payable in advance, as a composition, by the year or other
shorter period, for the rates payable by or in respect of such
passengers or their luggage, or by such other person as aforesaid:
Provided always, that if the undertakers at any time make any such
agreement by way of composition as aforesaid, the proprietors or
masters of all other vessels engaged in like manner, and all other
persons using or frequenting the harbour, dock, or pier as
aforesaid, may compound for the rates payable by them respectively
upon the like terms as shall be contained in such agreement, and
the undertakers shall accept such composition accordingly, to the
intent that such rates may not be compounded for partially or in
favour of any particular person or party whatsoever.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 33
Harbour, dock, and pier to be free to the public on payment of
rates.

33. Upon the payment of the rates made payable by this and the
special Act, and subject to the other provisions thereof, the
harbour, dock, and pier shall be open to all persons for the
shipping and unshipping of goods, and the embarking and landing of
passengers.

And with respect to the collection and recovery of rates:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 34
Collector may enter vessels to ascertain rates payable.

34. The collector of rates may, either alone or with any other
persons, enter into any vessel within the limits of the harbour,
dock, or pier, in order to ascertain the rates payable in respect
of such vessel, or of any goods therein.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 35
Master to report arrival of vessel.

35. Within twenty-four hours after the arrival within the limits of
the harbour, dock, or pier of any vessel liable to rates, the
master of such vessel shall report such arrival to the harbour
master; and if he fail to make such report within the time
aforesaid he shall be liable to a penalty not exceeding ten pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 36
Master to produce certificate of registry.

36. The master of every registered vessel shall, on demand, produce
the certificate of the registry of such vessel to the collector of
rates; and if any such master refuse or neglect to make such
production, on demand, he shall be liable to a penalty not
exceeding twenty pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 37
Masters of vessels to give names of consignees, and accounts of
goods intended to be unshipped, &c.

37. When any goods are intended to be unshipped within the limits
of the harbour, dock, or pier, the master of the vessel containing
such goods shall, within twelve hours after the arrival of such
vessel within the limits of the harbour, dock, or pier, deliver to
the collector of rates the name of the consignee of the goods
intended to be unshipped, or other person to whom the same are to
be delivered, and, if the whole cargo be intended to be unshipped,
a copy of the bill of lading or manifest of the cargo, or, if
part only of the cargo be intended to be unshipped, the best
account in writing in his power of the kinds, weights, and
quantities of the several goods intended to be unshipped; and every
such master shall, if required so to do by the collector of rates,
give to him twelve hours notice of the time at which the cargo of
such vessel, or any part of the same, is intended to be unshipped.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 38
Penalty on masters giving no account or notice, or a false account
or notice.

38. Every master of a vessel of which the cargo or part of the
cargo shall be unshipped within the limits of the harbour, dock, or
pier, who shall have failed to deliver or to give any of the
particulars in regard to the cargo or the notice in regard to the
unshipment thereof herein-before required to be delivered or given by
such master, or who shall deliver or give any false particulars or
notice, shall for every such offence be liable to a penalty not
exceeding [#50].

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 39
Shippers to give an account of goods intended to be shipped.

39. Before any person shall ship any goods on board of any vessel
lying with the limits of the harbour, dock, or pier, he shall give
to the collector of rates a true account, signed by him, of the
kinds, quantities, and weights of such goods; and every person who
shall ship any goods in any such vessel without having given such
accounts, or who shall give or sign a false account of such goods,
shall for every such offence be liable to a penalty not exceeding
[#50].

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 40
In case of dispute goods to be weighed or measured.

40. If any difference arise between the collector of the rates and
the master of any vessel or the owner of any goods, concerning the
weight or quantities of the goods in respect of which any rates
are payable, such collector may cause all such goods to be weighed
or measured, and, if necessary, may detain the vessel containing
such goods until they have been weighed or measured.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 41
Expences of weighing or measuring goods.

41. If the weight or quantity of such goods be greater than that
shown by the manifest, bill of lading, account, or statement
delivered by the master of the vessel or by the owner of the
goods, the expences of such weighing or measuring shall be paid to
the undertakers, and shall be recoverable by the same means as are
herein or in the special Act provided for the recovery of rates;
but if the weight or quantity of such goods be the same or less
than that shown by the manifest, bill of lading, account, or
statement so delivered, the undertakers shall pay all the expences
of such weighing or measuring, and shall also pay to the master of
the vessel or the owner of the goods all the expences occasioned
by such weighing or measuring, or by the detention of the vessel
for that purpose.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 42
Rates on goods, when payable.

42. The rates payable to the undertakers in respect of any goods
shipped or unshipped within the limits of the harbour, dock, or
pier shall be paid as follows; (that is to say,) if such goods
are to be shipped they shall be paid before the shipment, or if
such goods are to be unshipped they shall be paid before the
removal of the goods from the premises of the undertakers, and
before the expiration of two months next after they were unshipped.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 43
Penalty for evading payment of rates.

43. If the master of any vessel or the owner of any goods evade
the payment of the rates payable to the undertakers in respect of
such vessel or goods, or any part thereof, he shall pay to them
three times the amount of the rates of which he shall so have
evaded the payment, and the same shall be recovered from such
master or owner respectively in the same manner as penalties imposed
by this Act are directed to be recovered, or by action in any
court of competent jurisdiction.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 44
Recovery of tonnage rates by distraint and sale of ship and tackle.

44. If the master of any vessel in respect of which any rate is
payable to the undertakers refuse or neglect to pay the same, or
any part thereof, the collector of rates may, with such assistance
as he may deem necessary, go on board of such vessel and demand
such rates, and on nonpayment thereof, or of any part thereof,
take, distrain, or arrest, of his own authority, such vessel, and
the tackle, apparel, and furniture belonging thereto, or any part
thereof, and detain the matters so distrained or arrested until the
rates are paid; and in case any of the said rates shall remain
unpaid for the space of seven days next after any distress or
arrestment so made, the said collector may cause the matters so
distrained or arrested to be appraised by two or more sworn
appraisers, and afterwards cause the matters distrained or arrested,
or any part thereof, to be sold, and with the proceeds of such
sale may satisfy the rates so unpaid, and the expences of taking,
keeping, appraising, and selling the matters so distrained or
arrested, rendering the overplus (if any) to the master of such
vessel upon demand.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 45
Recovery of rates on goods by distraint and sale, or by action.

45. If default be made in the payment of the rates payable in
respect of any such goods, the collector of rates may distrain or
arrest, of his own authority, such goods, and for that purpose may
enter any vessel within the limits of the harbour, dock, or pier
in which the goods may be, with such assistance as he shall deem
necessary, or, if the said goods have been removed without payment
of such rates, he may distrain or arrest any other goods within
the limits of the harbour, dock, or pier, or the premises of the
undertakers, belonging to the person liable to pay such rates, and
may sell the goods so distrained or arrested, and out of the
proceeds of such sale pay the rates due to the undertakers,
rendering the overplus, if any, to the owner of such goods, on
demand; or the undertakers may recover such rates by action in any
court having competent jurisdiction: Provided always, that the
collector of rates shall, before making any such distress or
arrestment as aforesaid, pay all duties which may be payable to Her
Majesty in respect of the goods so distrained or arrested, and he
may retain the amount of duties so paid out of the proceeds
arising from the sale of such goods.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 46
Disputes concerning rates or charges occasioned by distress.

46. If any dispute arise concerning the amount of any rates due,
or the charges occasioned by any distress or arrestment, by virtue
of this or the special Act, the person making such distress or
using such arrestment may detain the goods distrained or arrested
until the amount of the rates due, or the charges of such distress
or arrestment, be ascertained by a justice, if in...Ireland,... who,
upon application made to him for that purpose, shall determine the
same, and award such costs to be paid by either of the parties to
the other of them as he shall think reasonable, and such costs, if
not paid on demand, shall be levied by distress... and sale, and
such justice... shall issue his warrant accordingly.

S.47 rep. by 1970 c.1 (NI) s.36 sch.6

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 48
Collector of customs may withhold a clearance to any vessel until
certificate is produced that the rates are paid, &c.

48. The collector or other proper officer of Her Majesty's Customs
for the district within which the harbour, dock, or pier is situate
may, with the consent of the Commissioners of Her Majesty's Customs,
refuse to receive any entry or give any cocquet, discharge, or
clearance, or to take any report inwards or outwards of any vessel
liable to the payment of any of the rates imposed by the special
Act, until the master of such vessel produces to such collector or
officer a certificate, under the hand of the collector of rates,
that the rates payable in respect of such vessel, and any goods
imported or exported by such vessel, have been paid, or, if there
be any dispute as to the rates payable, until such collector or
officer shall be satisfied that sufficient security has been given
for the payment of such rates when ascertained, together with the
expences arising from the nonpayment thereof.

And with respect to the accounts to be kept of the rates, and of
the vessels in respect of which they are payable:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 49
Undertakers to keep accounts of rates and vessels, &c.

49. The undertakers shall keep books of account, in which shall be
entered the several sums received by or payable to them for rates
in respect of vessels, the tonnage of each vessel for which such
rates are received or payable, the name of the master thereof, the
port to which such vessel belongs, the place from which on each
occasion such vessel arrived, and the place to which on each
occasion such vessel is bound, and also the several sums received
by or payable to them in respect of the goods landed from or
taken on board every vessel within the limits of the harbour, dock,
or pier.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 50
Annual account to be prepared by undertakers.

50. The undertakers shall every year cause an annual account in
abstract to be prepared, showing the total receipt and expenditure
of all monies levied by virtue of this or the special Act for the
year ending the thirty-first day of December or some other
convenient day in each year, under the several distinct heads of
receipt and expenditure, with a statement of the balance of such
account, duly audited and certified by the clerk or secretary for
the time being of the undertakers, and shall send a copy of the
said account, free of charge, to the [chief clerk or clerks of the
county court division or divisions respectively], if more than one,
in which the harbour, dock, or pier is situate, on or before the
expiration of one month from the day on which such account shall
end, which accounts shall be open to the inspection of the public
at all seasonable hours, on payment of the sum of [5p] for every
such inspection: Provided always, that if the undertakers omit to
prepare and send such accounts as aforesaid, they shall forfeit for
every such omission the sum of twenty pounds.

And with respect to the appointment of harbour masters, dock
masters, and pier masters, and their duties:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 51
Appointment of harbour master (including dock or pier master).

51. The undertakers may appoint such harbour masters as they think
necessary, (including in such expression dock masters and pier
masters, as herein-before defined), and from time to time, as often
as they think fit, may remove any such harbour master.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 52
Powers of harbour master.

52. The harbour master may give directions for all or any of the
following purposes; (that is to say,)

For regulating the time at which and the manner in which any
vessel shall enter into, go out of, or lie in or at the harbour,
dock, or pier, and within the prescribed limits, if any, and its
position, mooring or unmooring, placing and removing, whilst therein:

For regulating the position in which any vessel shall take in or
discharge its cargo or any part thereof, or shall take in or land
its passengers, or shall take in or deliver ballast within or on
the harbour, dock, or pier:

For regulating the manner in which any vessel entering the harbour
or dock or coming to the pier shall be dismantled, as well for
the safety of such vessel as for preventing injury to other
vessels, and to the harbour, dock, or pier, and the moorings
thereof:

For removing unserviceable vessels and other obstructions from the
harbour, dock, or pier, and keeping the same clear:

For regulating the quantity of ballast or dead weight in the hold
which each vessel in or at the harbour, dock, or pier shall have
during the delivery of her cargo, or after having discharged the
same.

Penalty on shipmasters not complying with directions of the harbour
master.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 53

53. The master of every vessel within the harbour or dock, or at
or near the pier, or within the prescribed limits, if any, shall
regulate such vessel according to the directions of the harbour
master, made in conformity with this and the special Act; and any
master of a vessel who, after notice of any such direction by the
harbour master served upon him, shall not forthwith regulate such
vessel according to such direction shall be liable to a penalty not
exceeding [#50].

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 54
Penalty on harbour master, &c. for misbehaviour.

54. If any harbour master, or any of his assistants, without
reasonable cause, or in an unreasonable or unfair manner, exercise
any of the powers or authorities vested in the harbour master by
this or the special Act, the person so offending shall for every
such offence be liable to a penalty not exceeding five pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 55
Penalty on persons offering bribes to officers, and on officers
taking bribes.

55. If any person give or offer any sum of money, or any thing
whatsoever, by way of reward or bribe to any harbour master or any
officer employed in or about the harbour, dock, or pier, for the
purpose of gaining an undue preference in the execution of his
office, or for the purpose of inducing such harbour master or other
officer to do or omit to do any thing relating to his office, or
if such harbour master or other officer receive any such reward or
bribe as aforesaid, every person so offending shall be liable for
every such offence to a penalty of twenty pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 56
Harbour master may remove wrecks, &c.

56. The harbour master may remove any wreck or other obstruction to
the harbour, dock, or pier, or the approaches to the same, and
also any floating timber which impedes the nagivation thereof, and
the expence of removing any such wreck, obstruction, or floating
timber shall be repaid by the owner of the same; and the harbour
master may detain such wreck or floating timber for securing the
expences, and on nonpayment of such expences, on demand, may sell
such wreck or floating timber, and out of the proceeds of such
sale pay such expences, rendering the overplus, if any, to the
owner on demand.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 57
Unserviceable vessels to be altogether removed from harbour.

57. No vessel which shall be laid by or neglected as unfit for
sea service shall be permitted to lie within the limits of the
harbour, dock, or pier, but the harbour master may cause every such
vessel to be, at the expence of the owner thereof, removed from
the harbour, dock, or pier, and laid on any part of the strand or
sea shore, or other place where the same may, without injury to
any person, be placed; and the charges of removing or placing such
vessel may be recovered from the owner of such vessel by summary
complaint, in... Ireland before any justice of the peace...; and in
case of refusal or neglect of payment of such charges for the
space of seven days after having been awarded by such justice...,
the harbour master may levy such charges by distress and sale or
poinding and sale of such vessel, or of the tackle, apparel, or
furniture thereof, or any part thereof, and the justice... shall
issue his warrant accordingly.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 58
Powers of harbour master as to mooring of vessels in harbour.

58. If the master of any vessel in or at the harbour, dock, or
pier, or within the prescribed limits, if any, shall not moor,
unmoor, place, or remove the same according to the directions of
the harbour master, or if there be no person on board of any such
vessel to attend to such directions, the harbour master may cause
such vessel to be moored, unmoored, placed, or removed as he shall
think fit, within or at the harbour, dock, or pier, or within the
prescribed limits, and for that purpose the harbour master may cast
off, unloose, or cut the rope, or unshackle or break the chain, by
which any such vessel is moored or fastened; and all expences
attending the mooring, unmooring, placing, or removing of such vessel
shall be paid to the undertakers by the master of such vessel:
Provided always, that before the harbour master shall unloose or cut
any rope, or unshackle or break any chain, by which any vessel
without any person on board to protect the same shall be moored or
fastened, he shall cause a sufficient number of persons to be put
on board of such vessel for the protection of the same.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 59
Vessels entering harbour to be dismantled.

59. Before any vessel shall enter the harbour or dock, or approach
the pier, the master thereof shall cause her to be dismantled as
directed by the harbour master; and if any vessel shall enter the
harbour or dock, or approach the pier, without being dismantled in
the manner required by the harbour master, after notice shall have
been given to the master of such vessel so to dismantle the same,
such master shall for every such offence be liable to a penalty
not exceeding ten pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 60
Vessels to lower sails when entering dock.

60. Before any vessel shall enter into the dock the master of such
vessel shall cause her sails to be lowered or furled; and if the
master of any vessel shall navigate the same under sail into or in
the dock, he shall for every such offence be liable to a penalty
not exceeding ten pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 61
Vessels to have hawsers, &c. fixed to moorings.

61. Every vessel in the harbour or dock, or at or near the pier,
shall have substantial hawsers, tow-lines, and fasts fixed to the
dolphins, booms, buoys, or mooring posts, when required by the
harbour master; and if any vessel shall be in the harbour or dock,
or at or near the pier, without substantial hawsers, tow-lines, or
fasts fixed as aforesaid, after notice from the harbour master to
the master of such vessel to furnish or fix the same, such master
shall for every such offence be liable to a penalty not exceeding
[#50].

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 62
Penalty for wilfully cutting moorings.

62. Every person, other than the harbour master, who shall wilfully
cut, break, or destroy the mooring or fastening of any vessel lying
in the harbour or dock, or at or near the pier, shall for every
such offence be liable to a penalty not exceeding [#50].

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 63
Penalty for placing, &c. vessels near the entrance of harbour or
dock, &c. without permission.

63. As soon as the harbour or dock shall be so far completed as
to admit vessels to enter therein, no vessel, except with the
permission of the harbour master, shall lie or be moored in the
entrance of the harbour or dock, or within the prescribed limits;
and if the master of any vessel either place it or suffer it to
remain in the entrance of the harbour or dock, or within the
prescribed limits, without such permission, and do not, on being
required so to do by the harbour master, forthwith proceed to
remove such vessel, he shall be liable to a penalty not exceeding
[#50], after a reasonable time for removing the same has expired
after such requisition.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 64
Vessels to be removed for the purpose of repairing harbour or dock,
on notice.

64. Whenever the undertakers shall deem it necessary, for the
purpose of repairing, scouring, or cleansing the harbour, dock, or
pier, that any vessel lying therein or thereat shall be removed
therefrom, the master of such vessel shall, within three days after
notice in writing signed by the harbour master has been given to
him, remove such vessel according to such notice; and in case of
his neglecting so to do, such master shall be liable to a penalty
not exceeding [#50].

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 65
Harbour master may remove any vessel, if the master thereof neglect
or refuse so to do.

65. If the master of such vessel cannot be found, or if he
neglect or refuse to remove the same, as required by the said
notice, the harbour master may remove such vessel to such station
as he shall select, and the expences of such removal shall be paid
to the undertakers by the owner of the said vessel or the master
thereof: Provided always, that previous to the repair of harbour,
dock, or pier, which shall require the removal of the vessels
therefrom, the harbour master shall give three days' notice of such
repair and of the necessity for such removal to the collector and
comptroller of the Customs of the district within which the harbour,
dock, or pier is situate, or which shall be specified for that
purpose in the special Act, and cause a like notice to be affixed
on some conspicuous part of such custom house and of the office of
the undertakers.

And with respect to the discharging of vessels and the removal of
the goods:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 66
Discharge of cargo and removal of vessels.

66. The master of every vessel which shall go into the harbour or
dock for the purpose of being discharged of her cargo shall cause
her to be so discharged as soon as conveniently may be after
entering therein, and shall cause her, after being so discharged, to
be removed, without loss of time, into such part of the harbour or
dock as shall be set apart for light vessels, and the harbour
master shall cause a part of the harbour or dock to be set apart
for light vessels accordingly; and if the master of any such vessel
shall not cause it to be so removed within twenty-four hours after
being required so to do by notice in writing signed by the harbour
master, he shall be liable to a penalty not exceeding ten pounds,
and the harbour master may cause such vessel to be so removed, and
the expences of such removal shall be paid to the undertakers by
the master of such vessel.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 67
Penalty on wharfingers giving undue preference in loading or
unloading goods.

67. If any wharfinger or other servant of the undertakers, or any
of their lessees, or the servants of such lessees, shall give any
undue preference or show any partiality in loading or unloading any
goods on any of the quays, wharfs, or other works belonging to the
undertakers, the person so offending shall be liable to a penalty
not exceeding five pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 68
Removal of goods from the quays, &c. after lying there longer than
allowed by byelaws.

68. No goods shall be allowed to remain upon any of the piers or
quays, or in the approaches thereto, for a longer time than shall
be allowed by the byelaws of the undertakers; and if any goods
shall so remain without the consent of the undertakers, the harbour
master, or any person appointed by the undertakers for that purpose,
may remove the same to any of the premises of the undertakers, or
other convenient place, and keep the same until payment to the
undertakers of the expences of such removal, and of the keeping of
the goods; and if such expences be not paid within seven days
after demand thereof made upon the owner, or if no such owner can
be found, the harbour master may sell such goods, and out of the
proceeds of such sale pay such expences, rendering the overplus, if
any, to the owner on demand.

And with respect to the protection of the harbour, dock, and pier,
and the vessels therein, from fire or other injury:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 69
Combustible matter on quays, &c. to be removed.

69. Every person being the owner of or having the charge of any
tar, pitch, resin, spirituous liquors, turpentine, oil, or other
combustible thing, which shall be upon any quay, dock, or wharf
belonging to the undertakers, or on the deck of any vessel within
the harbour or dock, or at or near the pier, shall cause the same
to be removed to a place of safety within two hours after being
required so to do by notice in writing, signed by the harbour
master, and if he fail so to do shall forfeit a sum not exceeding
[#2] for every hour such combustible thing shall remain in any such
place as aforesaid after the expiration of two hours from the
service of the said notice.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 70
Combustibles to be guarded during the night.

70. If any such combustible thing as aforesaid shall remain on any
part of the quays or works connected with the harbour, dock, or
pier, or on the deck of any vessel within the harbour or dock, or
at or near the pier, after sunset, the owner or person having the
charge of the same, or on his default the harbour master, at the
expence of such owner, shall provide a sufficient number of persons
to guard the same from half an hour before sunset to half an hour
after sunrise; and such expence, if not paid by the said owner to
the undertakers, on demand, shall be ascertained and recovered in
the same manner as damages for the recovery of which no special
provision is made are by this Act directed to be ascertained and
recovered.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 71
Penalties for offences.

71. Every person who shall commit any of the acts following shall
be deemed guilty of an offence, and shall for every such offence
be liable to a penalty not exceeding [#50]; (that is to say,) <1.Every person who shall boil or heat any pitch, tar, resin, turpentine, oil, or other combustible matter, in any vessel lying within the harbour or dock, or near the pier, or in any place within the limits of the harbour, dock, or pier, except in such place and in such manner as shall be specially appointed by the undertakers for that purpose:<2.Every person who shall have or cause to be had any fire or lighted candle or lamp in any vessel within the harbour or dock, or at or near the pier, except with the permission of the harbour master:<3.Every person who shall have or cause to be had any fire, candle, or lamp lighted within any of the docks or the works belonging to the same, except at such times and in such manner as shall be permitted by the byelaws of the undertakers:<4.Every person who shall bring any loaded gun on the quays or works of the harbour or dock, or on the pier, or shall have or suffer to remain any loaded gun in any vessel in the harbour or dock, or at or near the pier:<5.Every person who shall, without the permission of the undertakers, bring or suffer to remain any gunpowder on the quays or works of the harbour or within the dock, or on the pier, or in any vessel within the harbour or dock, or at or near the pier.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 72
Power to enter ship and search for and extinguish fires or lights.

72. The harbour master may enter into any vessel within the harbour
or dock, or at or near the pier, to search for any fire or light
in or suspected to be in such vessel, contrary to the provisions
of this or the special Act, or of any byelaw made in pursuance
thereof, and may extinguish the same; and any person who shall
obstruct the harbour master in the execution of such duty shall for
every such offence be liable to a penalty not exceeding [#50].

S.73 rep. by 1970 c.1 (NI) s.34 sch.5

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 74
Owner and master of vessel answerable for damage to works.

74. The owner of every vessel or float of timber shall be
answerable to the undertakers for any damage done by such vessel or
float of timber, or by any person employed about the same, to the
harbour, dock, or pier, or the quays or works connected therewith,
and the master or person having the charge of such vessel or float
of timber through whose wilful act or negligence any such damage is
done shall also be liable to make good the same; and the
undertaker may detain any such vessel or float of timber until
sufficient security has been given for the amount of damage done by
the same: Provided always, that nothing herein contained shall extend
to impose any liability for any such damage upon the owner of any
vessel, where such vessel shall at the time when such damage is
caused be in charge of a duly licensed pilot whom such owner or
master is bound by law to employ and put his vessel in charge of.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 75
Ascertainment and recovery of amount of damage.

75. If the amount claimed in respect of any such damage as
aforesaid do not exceed fifty pounds, such damage shall be
ascertained, and the amount thereof shall, in... Ireland, be
recovered before two justices,...; and in addition to the remedies
hereby provided for the recovery of the same, the justices... before
whom the same are recovered may cause the vessel or float of
timber causing such damage, and any tackle and furniture thereof, to
be distrained and kept until the amount of damages and costs
awarded by them is paid, and, if the same be not paid within
seven days after such distress or keeping, may cause the property
so distrained or kept, or any part thereof, to be sold, and out
of the proceeds of such sale may pay the amount of damages and
costs awarded by such justices or sheriff, and all the charges
incurred by the distress, keeping, and sale of such property.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 76
Owner paying damages or penalty or costs for act of servant may
recover from him.

76. If the owner of any vessel or float of timber make
satisfaction for any such damage as aforesaid wilfully or negligently
done by the master or person having charge of such vessel or float
of timber, or if the owner of any vessel or goods in any other
case have been compelled to pay any penalty or costs by reason of
any act or omission of any other person, the person who actually
did such damage or who committed such offence shall repay to the
owner of such vessel or such goods the amount of the damage or
penalty and costs, together with the costs of the proceedings to
enforce such repayment; and if such damage or penalty respectively
do not exceed fifty pounds, the sum may, in... Ireland, be
recovered before two or more justices....

And with respect to buoys, lighthouses, and beacons:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 77
Undertakers to lay down buoys.

77. The undertakers shall lay down buoys for the guidance of
vessels in such situations within the limits of the harbour, dock,
or pier and of such character, as shall from time to time be
directed by ..., the Corporation for preserving and improving the
Port of Dublin ..., according as the harbour, dock, or pier is
situated in ... Ireland....

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 78
Lighthouses, beacons, or sea-marks not to be exhibited or altered
without sanction.

78. The undertakers shall not erect any lighthouse or beacon, or
exhibit or allow to be exhibited any light, beacon, or sea-mark,
without the sanction in writing... of the said Corporation for
preserving and improving the Port of Dublin,... according as the
harbour, dock, or pier is situated in... Ireland..., first having
been obtained in that behalf; and if any such light, beacon, or
sea-mark be exhibited with such sanction as aforesaid, the same
shall not be afterwards altered without the like sanction; and every
such light, beacon, and sea-mark shall be of such power and
description, and shall be from time to time discontinued or altered,
as the said Corporation or Commissioners respectively shall from time
to time direct.

And with respect to the police of the harbour, dock, or pier:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 79
Special constables for harbours, &c.

79. Any two justices may appoint such persons as shall be nominated
for that purpose by the undertakers to be special constables within
the limits of the harbour, dock, pier, and premises of the
undertakers, and within one mile of the same; and every person so
appointed shall be sworn in by any such justices duly to execute
the office of a constable within the limits aforesaid, and when so
sworn in shall have the same powers, protections, and privileges
within the limits aforesaid, and shall be subject to the same
liabilities, as constables have or are subject to by the laws of
the realm.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 80
Dismissal of constables.

80. Any two justices may dismiss any such constable from his
office, and upon such dismissal all powers, protections, and
privileges vested in such constable shall cease.

And with respect to the appointment of meters and weighers, and
their duties:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 81
Appointment, &c. of meters and weighers.

81. Where under the special Act the undertakers shall have the
appointment of meters and weighers, the undertakers may appoint and
license a sufficient number of persons to be meters and weighers
within the limits of the harbour, dock, and pier, and remove any
such persons at their pleasure, and may make regulations for their
government, and fix reasonable rates to be paid or other
remuneration to be made to them for weighing and measuring goods.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 82
Meters and weighers licensed by undertakers or Customs only to be
employed.

82. When a sufficient number of meters and weighers have been
appointed by the undertakers, under the powers of this and the
special Act, the master of any vessel, or the owner of any goods
shipped, unshipped, or delivered within or upon the harbour, or
dock, or pier, shall not employ any person other than a weigher or
meter licensed by the undertakers, or appointed by the Commissioners
of Her Majesty's Customs, to weigh or measure the same; and if in
such case any person other than a meter or weigher licensed by the
undertakers, or a meter or weigher appointed by the Commissioners of
Her Majesty's Customs, shall weigh or measure any such goods as
aforesaid, such person, as well as the person by whom he shall be
employed, shall for every such offence be liable to a penalty not
exceeding five pounds, and the weighing or measurement of any such
goods by any such person shall be deemed illegal.

And with respect to the byelaws to be made by the undertakers:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 83
Byelaws may be made for all or any of the purposes herein named.

83. The undertakers may from time to time make such byelaws as
they shall think fit for all or any of the following purposes;
(that is to say,)

For regulating the use of the harbour, dock, or pier:

For regulating the exercise of the several powers vested in the
harbour master:

For regulating the admission of vessels into or near the harbour,
dock, or pier, and their removal out of and from the same, and
for the good order and government of such vessels whilst within the
harbour or dock, or at or near the pier:

For regulating the shipping and unshipping, landing, warehousing,
stowing, depositing, and removing of all goods within the limits of
the harbour, dock, or pier, and the premises of the undertakers:

For regulating (with the consent of the Commissioners of Her
Majesty's Customs) the hours during which the gates or entrances or
outlets to the harbour, dock, or pier shall be open:

For regulating the duties and conduct of all persons, as well the
servants of the undertakers as others, not being officers of Customs
or Excise, who shall be employed in the harbour, dock, or pier,
and the premises of the undertakers:

For regulating the use of fires and lights within the harbour,
dock, or pier, and the premises belonging thereto, and within any
vessel being within the harbour or dock, or at or near the pier,
or within the prescribed limits (if any):

For preventing damage or injury to any vessel or goods within the
harbour or dock, or at or near the pier, or on the premises of
the undertakers:

For regulating the use of the cranes, weighing machines, weights and
measures belonging to the undertakers, and the duties and conduct of
all weighers and meters employed by them:

For regulating the duties and conduct of the porters and carriers
employed on the premises of the undertakers and fixing the rates to
be paid to them for carrying any goods, articles, or things from
or to the same:

Byelaws may be enforced by penalties.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 84

84. The undertakers may, by the byelaws so to be made by them,
impose such reasonable penalties as they shall think fit, not
exceeding [#50] for each breach of such byelaws: Provided always,
that such byelaws shall be so framed as to allow the justices...
before whom any penalty imposed thereby shall be sought to be
recovered to order the whole or part only of such penalty to be
paid.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 85
Byelaws affecting persons other than the undertakers, &c. not to
come into operation until confirmed.

85. No byelaws made under the authority of this or the special
Act, except such as relate solely to the undertakers or their
officers or servants, shall come into operation until the same be
confirmed in the prescribed manner, and if no manner of confirmation
be prescribed, then not until they be allowed by some judge of one
of the superior courts, or in... Ireland by the justices at the
quarter sessions...; and it shall be incumbent on such justices...,
on the request of the undertakers, to inquire into any byelaws
tendered to them for that purpose, and to allow or disallow of the
same, as they shall think meet.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 86
Notice of application for confirmation of byelaws to be given in
one or more newspapers.

86. Provided always, that no such byelaws shall be confirmed unless
notice of the intention to apply for a confirmation of the same
have been given in one or more newspapers of the county in which
the harbour, dock, or pier, or the principal office thereof, is
situate, one month at least before the hearing of such application;
and any person desiring to object to any such byelaw, on giving to
the undertakers notice of the nature of his objection, ten days
before the hearing of the application for the allowance thereof,
may, by himself or his counsel, [solicitor], or agent, be heard
thereon, but not so as to allow more than one objecting party to
be heard on the same matter of objection.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 87
Copy of proposed byelaws to be open to inspection.

87. For one month at least before any such application for
confirmation of any byelaws, a copy of the proposed byelaws shall
be kept at the principal office of the undertakers; and all persons
may, at all reasonable times, inspect such copy, without fee or
reward, and the undertakers shall furnish every person who shall
apply for the same with a copy thereof, or of any part thereof,
on payment of [2p] for every one hundred words so to be copied.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 88
Publication of byelaws.

88. The said byelaws when confirmed shall be published in the
prescribed manner, and when no manner of publication is prescribed
they shall be printed, and the clerk to the undertakers shall
deliver a printed copy thereof to every person applying for the
same, without charge, and a copy thereof shall be painted or placed
on boards, and put up in some conspicuous part of the office of
the undertakers, and also on some conspicuous part of the harbour,
dock, or pier, and such boards, with the byelaws thereon, shall be
renewed from time to time, as occasion shall require, and shall be
open to inspection without fee or reward; and in case the said
clerk shall not permit the same to be inspected at all reasonable
times, he shall for every such offence be liable to a penalty not
exceeding five pounds.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 89
Byelaws, when confirmed and published, to be binding on all parties.

89. All byelaws made and confirmed according to the provisions of
this and the special Act, when so published and put up, shall be
binding upon and be observed by all parties, and shall be
sufficient to justify all persons acting under the same.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 90
Proof of making and publication of byelaws.

90. The production of a written or printed copy of the byelaws
requiring confirmation by a judge of the superior courts or the
court of quarter sessions ..., authenticated by the signature of the
judge or of the chairman of the court... who shall have approved
of the same, and a written or printed copy of the byelaws not
requiring such confirmation, authenticated by the common seal of the
undertakers, if incorporated, or under the hands of the undertakers,
if not incorporated, or any two of them, shall be evidence of the
existence and due making of such byelaws in all cases of
prosecution under the same, without proof of the signature of such
judge or chairman..., or the common seal or signature of the
undertakers; and with respect to the proof of the publication of
any such byelaws, it shall be sufficient to prove that a board
containing a copy thereof was put up and continued in manner by
this Act directed, and, in case of its afterwards being displaced
or damaged, that such board was replaced or restored as soon as
conveniently might be, unless proof be adduced by the party
complained against that such painted board did not contain a copy
of such byelaws, or was not duly put up or continued as directed
by this Act.

S.91 rep. by SLR 1894

And with respect to the recovery of damages not specially provided
for, and of penalties, and to the determination of any other matter
referred to justices...:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 92
Railways Clauses Acts, as to damages, &c. to be incorporated with
this and the special Act.

92. If the harbour, dock, or pier be in... Ireland, the clauses of
the Railways Clauses Consolidation Act, 1845, with respect to the
recovery of damages not specially provided for, and penalties, and
to the determination of any other matter referred to justices, shall
be incorporated with this and the special Act;... and such clauses
shall apply to the harbour, dock, or pier and to the undertakers
respectively, and shall be construed as if the word "undertakers"
had been inserted therein instead of the word "company".

S.93 rep. by SLR 1875. S.94 rep. by SLR 1976. S.96 rep. by 1946
c.13 (NI) s.16(3) sch.

And with respect to access to the special Act:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 97
Copies of special Act.

97. The undertakers shall at all times after the expiration of six
months after the passing of the special Act keep in their principal
office of business a copy of the special Act, printed by the
printers to Her Majesty, or some of them, and shall also within
the space of such six months deposit in the office of the [chief
clerk for the county court division] in which the harbour, dock, or
pier, or any part thereof, is situate, a copy of such special Act,
so printed as aforesaid; and the said [chief clerk] shall receive,
and they and the undertakers respectively shall keep, the said
copies of the special Act, and shall allow all persons interested
to inspect the same, and make extracts or copies therefrom, in the
like manner, and upon the like terms, and under the like penalty
for default, as is provided in the case of certain plans and
sections by the Parliamentary Documents Deposit Act, 1837.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 98
Penalty on undertakers failing to keep or deposit such copies.

98. If the undertakers fail to keep or deposit, as herein-before
mentioned, any of the said copies of the special Act, they shall
forfeit twenty pounds for every such offence, and also five pounds
for every day afterwards during which such copy shall be not so
kept or deposited.

And with respect to the saving of rights:

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 99
Saving as to rights of Crown, Admiralty, &c.

99. Nothing in this or the special Act or any Act incorporated
therewith contained shall extend to alienate, defeat, vary, lessen,
abrogate, or prejudice any estate, right, title, interest,
prerogative, royalty, jurisdiction, or authority, of or appertaining
to the Queen's most excellent Majesty, nor to abridge, vary, or
abrogate any of the powers or authorities by law vested in the
Admiralty, or in the Commissioners of Her Majesty's Customs, or in
the Commissioners of Woods, in relation to the possessions and land
revenues of Her Majesty in right of her crown, or otherwise
howsoever.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 100
Saving as to Revenue Departments.

100. Nothing in this or the special Act shall be deemed to extend
to or affect any Act of Parliament relating to Her Majesty's duties
of Customs or Excise, or any other revenue of the crown, or to
extend to or affect any claim of Her Majesty in right of her
crown, or otherwise howsoever, or any proceedings at law or in
equity by or on behalf of Her Majesty, in any part of the United
Kingdom of Great Britain and Ireland.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 102
Saving as to Trinity House, &c.

102. Nothing in this or the special Act contained shall prejudice
or derogate from any of the rights or privileges, jurisdiction or
authority of the Corporation of the Trinity House of Deptford
Strond, the Corporation for preserving and improving the Port of
Dublin, or the Commissioners of Northern Lights, or any lord of the
manor within the limits of the harbour or dock.

HARBOURS, DOCKS, AND PIERS CLAUSES ACT 1847 - SECT 103
Saving as to future Acts.

103. Nothing herein or in the special Act contained shall be deemed
to exempt the undertakers from the provisions, regulations, and
conditions which may be contained in any general Act relating to
harbours, docks, or piers, or to ports, harbours, or tidal waters,
which may be passed in the same session in which the special Act
is passed, or any future session of Parliament.

S.104 rep. by SLR 1875






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