stones, gravel, or other ballast, in any of the ports, harbors, rivers, channels, creeks, or within one league of their entrances, respectively, as aforesaid, or in any other place within such limit, than that pointed out and directed by the harbor and ballast master, except as is hereinbefore provided, each and every person so offending shall forfeit and pay for each and every offence, the following fines and penalties, that is to say: when the offence shall be committed on board of or by persons belonging to any ship or vessel of two hundred tons register tonnage and upwards, a fine or penalty not exceeding fifty pounds; and for ships or vessels under two hundred tons and above one hundred tons register tonnage, a fine or penalty not exceeding twenty-five pounds; and for ships or vessels under one hundred tons, and above fifteen tons register tonnage, a fine or penalty not exceeding ten pounds; and for all other vessels, lighters, boats, or flats, a fine or penalty not exRecovery and ceeding five pounds, which forfeitures, fines and penalties shall be recovered and applied in way and manner hereinafter prescribed and directed.

appropriation

of penalties.

Remuneration

ter.

IX. And be it enacted, That the harbor and ballast masto ballast masters shall be paid by the master, owner, or other person having charge or command of any ship or vessel which shall unlade or discharge ballast as aforesaid, at the rate of ten shillings per day during the time he shall be necessarily employed in attending such ship or vessel and discharging the duty enjoined on him by this Act.

Exempts certain vessels from attendance and fees of ballast mas

ter, under cer

X. And whereas it is necessary to encourage such persons as are employed in the fisheries of this Island, or in its trade with other British American Colonies: Be it enacted, that the masters of all vessels, lighters or boats owned in and be longing to this Island, employed in the fishing and colonial trade, who shall provide themselves with a copy of this Act, and also with the rules and regulations of the harbor and baltain conditions. last master of the respective ports, harbors or districts into which they may arrive, and of the place or places for unlading ballast, or other rubbish or thing which will not float, and who shall comply with the provisions of this Act, and the rules and directions of the respective harbor and ballast masters in the discharging of any ballast or other rubbish which might obstruct the navigation, shall be free and exempt from the attendance of the harbor and ballast master, and from all fees and daily pay to such harbor and ballast master.

Penalty on mas

XI. And be it enacted, That if any master, mate, owner, ter of vessel for or other person, having charge or command of or belonging throwing over to any ship, vessel, lighter, or boat, whether employed in the board rubbish, foreign, coasting, fishing, or any other trade or business whatthis Act, &c. ever, shall throw overboard, cast, or let fall rubbish, or any

thing that will not float, and which offence might not come under the denomination of unloading or discharging of ballast, but would tend to obstruct the navigation of the small harbors, channels, rivers, or creeks in this Island, contrary to the true intent and meaning of this Act, or contrary to the rules and regulations made by any harbor and ballast master for his respective district, except as is hereinbefore provided, each and every person so offending shall, for every such offence, forfeit and pay a fine not exceeding five pounds, to the ballast and harbor master of the respective district wherein the of fence is committed, or to such other person or persons as may sue or prosecute for the same.

XII. And be it enacted, That in addition to the duties enjoined upon all harbor and ballast masters under and by virtue of this Act, it shall be the duty of the said harbor and ballast masters to notify the owner or owners of any wrecks or obstructions, or the person or persons by whose default such wrecks or obstructions may be placed or suffered to remain in situations that impede or render dangerous the navigation of any of the said harbors, to remove, or cause to be removed, the same within thirty days, or within such less time as the harbor and ballast master may direct, from the time of the service of such notice; and if the said owner or owners of the said wrecks or obstructions, or the said person or persons, shall refuse or neglect to remove the same within the period aforesaid, then it shall be the duty of the said harbor and ballast master to cause the same to be removed, and to prosecute and sue the said owner or owners, or the said person or persons, before any two of Her Majesty's Justices of the Peace, or before any Court of Commissioners for the recovery of small debts for the County wherein the offence is committed, for the costs and expenses incurred in such removal, together with a penalty not exceeding ten pounds for each offence; and such Justices or Court of Commissioners are hereby authorized to give judgment for the amount of such costs and expenses, and for such penalty, and also for the costs of prosecution, and to proceed for the recovery thereof in way and manner, as small debts shall be authorized to be recovered in and by any Act or Acts for the time being in force in this Island.

XIII. And be it enacted, That in the event of the owner or owners of any such wreck or other obstruction not being known, it shall and may be lawful for the said harbor and ballast master, after due public notice shall have been given, to cause the said wreck or other obstruction to be sold at public auction, one condition of which sale shall be, that the said wreck or other obstruction shall be removed at the expense of the purchaser, within such time as the said harbor and ballast master may limit, and if the purchaser shall neglect or refuse

Penalty to

whom payable.

Duty of ballast wrecks, obstructions, &c.,

masters as to

impeding navigation, &c.

master as to removing wreck, when owner is not known.

Duty of ballast

obstruction, &c.

Not to bar any

&c.

to remove the same within the time so limited, the said harbor and ballast masters are hereby required to remove the same, and are hereby authorized to recover from the purchaser thereof the said expense, by action before any one of Her Majesty's Justices of the Peace, or Court of Commissioners of small debts, in the same way as small debts shall or may be recoverable under any Act or Acts relating to the recovery of small debts for the time being in force in this Island; and the proceeds of such sales, after deducting the expenses attendant upon the removal of such wreck or obstruction, shall be paid into the treasury of this Island, to and for the use of Her Majesty's Government.

XIV. Provided always, and be it enacted, That nothing in right of action, this Act contained shall prevent any owner or owners of vessels sustaining injury from any wreck or obstruction as aforesaid, from having their remedy by action at law for any damage. that such vessels or their cargoes may sustain thereby.

Mode of recov

ery of penalties imposed by this

Act.

XV. And be it enacted, That all fines and forfeitures imposed by this Act shall be recovered with costs, if not exceeding ten pounds, exclusive of costs, before two or more Justices of the Peace, or a Court of Commissioners for the recovery of small debts, in like manner, in all respects, as small debts may, for the time being, be recoverable; and each and every of such fines and forfeitures as shall exceed ten pounds, exclusive of costs, the same shall be sued for and recovered, with costs, by due course of law, in Her Majesty's Supreme Court of Judicature of this Island; and in every case all such fines, as aforesaid shall be recovered by any person suing for the Courts or Jus same: provided, that if any suit or action be brought against any person or persons for any penalty by this Act imposed, such suit or action shall be commenced within six calendar months next after the offence shall have been committed, and not afterwards provided also, that the Courts or Justices, before whom judgment shall be given in any such case, shall have power to remit any portion of such fines, in all cases in their discretion, where any circumstances may be made to appear in mitigation of any such offences, in such manner, however, that any such penalty shall not be reduced below one half the original amount.

tices may remit one half of penalties.

Appropriation

not herein be

ted.

XVI. And be it enacted, That one half part of all such of all penalties fines and forfeitures as shall be incurred by any breach of this fore appropria- Act, and which are not hereinbefore appropriated, shall be paid to such person as shall sue or prosecute for the same, and the remainder of such fines or forfeitures shall be paid into the treasury of this Island, to and for the use of Her Majesty's Government provided, that in all cases where such penalties

shall be recovered solely upon the oath of the party suing for the same, such penalties shall be paid into the treasury of this Island, to and for the use of Her Majesty's Government.

CAP. XIX.

An Act to regulate the survey of timber and lumber. it enacted, by the Lieutenant Governor, Council and Assembly, That from and after the passing of this Act, all hewed timber, commonly called ton timber, which shall be exported from this Island, shall be straight-lined and well squared, and square-butted at both ends, and shall be free from all rots, splits, or worm holes which may be detrimental to the same; and shall also be squared, and free from all marks of scoring, without wane on the edges; except birch, and other hardwood ton timber, which shall be squared with not more than one perpendicular inch of wane upon any part of such timber.

II. And be it enacted, That no spruce, pine, or hemlock ton timber shall be less than sixteen feet in length, nor any birch or other hardwood ton timber less than twelve feet in length; nor shall any spruce, pine, or hemlock ton timber be considered merchantable, unless the same shall square at least twelve inches, nor any birch or other hardwood ton timber, unless the same shall square at least thirteen inches; and in all cases where any ton timber shall not exceed sixteen feet in length, it shall be of equal dimensions at both ends; and all ton timber shall be measured by the girt, one quarter part thereof to be taken as the side of the square.

Continued by 23 Vic. c. 8, for

10 years, &c.

Ton timber for be straight lined, well

exportation to

squared, &c.

What shall be

deemed merchantable

timber.

ors of lumber.

III. And be it enacted, That it shall and may be lawful Lt. Governor for the Lieutenant Governor, or other Administrator of the in Council may Government for the time being, in Council, from time to time appoint surveyto appoint as many fit and proper persons to be surveyors of timber and lumber, as he may deem expedient to carry the purposes of this Act into full effect; and also, from time to time, to dismiss any surveyor so appointed, against whom any complaint for fraudulent or improper conduct in his office of surveyor as aforesaid shall be established, to the satisfaction of the Lieutenant Governor, or other Administrator of the Government for the time being, in Council.

IV. And be it enacted, That every surveyor of lumber Surveyor beshall, before attempting to act as such, take and subscribe the fore acting, to following oath before any one of Her Majesty's Justices of be sworn. the Peace in this Island, who is hereby authorized and required

to administer the same without fee, that is to say:

Form of oath

surveyor.

I, A. B., do solemnly swear, that I will faithfully, imparto be taken by tially, truly, and to the best of my skill, knowledge, and abil ity, execute, do, and perform the office and duty of a surveyor of lumber, according to the true intent and meaning of an Act of the General Assembly of this Island, intituled "An Act to regulate the survey of timber and lumber," and that I will give a true and faithful account of the number, dimensions, and measurement of all such timber or lumber as may be submitted to my inspection and judgment, according to the best of my knowledge.

Duty of surveyor.

Further duty of surveyor.

What shall be deemed merchantable deals.

So help me GoD.

V. And be it enacted, That it shall be the duty of all surveyors of lumber appointed, or to be hereafter appointed, personally and diligently to examine, inspect, and survey the four sides of all ton timber and lumber of every kind and description, when called upon so to do, and to see that the same is, and shall be, in all respects, conformable to the several provisions and directions of this Act; and every surveyor shall reject any timber or lumber which shall, in any respect, be contrary to or objectionable under this Act, (of which every surveyor is hereby required to provide himself with, and retain a сору, which he shall be entitled to receive from the Colonial Secretary of this Island, on producing a certificate of his hav ing taken the oath by this Act prescribed, signed by the Justice of the Peace who shall have administered the same.) and shall refuse to pass the same; and after rejecting and refusing such objectionable timber or lumber, the said surveyor shall furnish the buyer and seller, each with a true and faithful account, in writing, in detail, of the number, dimensions, and measurement of the several articles which may remain over and above those he has rejected, which, according to his survey, are found merchantable: provided nevertheless, that no surveyor shall hereby be required to render a detailed account of inch boards by him surveyed, unless the same shall be specially demanded and required by the seller or purchaser.

VI. And be it enacted, That all merchantable deals shall be at least twelve feet in length, and not less than nine inches in breadth, nor less than two inches in thickness, to be cut in lengths of a certain number of feet, with an allowance of not more than one inch over on the length, nor more than threeeighths of an inch on the breadth, and not more than one quarter of an inch on the thickness, to be square butted with a saw at both ends; contents to be marked in superficial feet; battens to be not less than twelve feet in length, and not more than twelve feet one inch trimmed at both ends, as required for deals, to be seven inches in breadth, and two and one half inches in thickness, and to be of the like description in quality as deals.