PUBLISHED BY ORDER OF THE CITY COUNCIL-

A Law deﬁning the duties of Harbour and Ballast masters, and wharfingers and the rates of wharfage.

(Assented to July 4, 1856.)

E IT ENACTED, by the City Council of

the City of Charlottetown :

Sec. 1. The Harbour-master, Ballast-mas ter and Whartingcr for the art of Charlotte- town—vvhich oiiices may be lield by one person —when he shall be appointed by the City Council shall be sworn -and give security for the due and faithful performance of tho duties of said oﬂices respectively, as hereinafter speciﬁed, and shall receive such salary or per- centage, by way of salary as the City Council ma determine: and the said harbour and hail ast master, and wharﬁnger shall be at all

times under the direction and control of the

City Council and retain such oﬂice or oliices

during the pleasure of the City Council :

HARBOUR-MAS‘l‘l‘ZR See. The harbour-inastcr shall cause the several Buoys required within that portion of the harbour of Chatlottetown under the con- trol of the City Council, to be properly laid down, maintained and preserved, and see that the Beacon or Beacons within the City are up- held and preserved. BALLAST-MASTER

Sec. 3. On the arrival ofany vessel in the

ort aforesaid, the ballast-master shall without

clay proceed on board such vessel and inform the master or other persons having charge or command thereof, of the provisions of this law and shall diligently attend to the discharging or delivery of all stones, gravel or other ballast from on board the same, and shall not know- ingly permit any portion thereof to be cast, thrown or let fall into the waters where navigable, but shall direct and to the utmost of his power cause all such ballast to be carried and laid on shore where it will not obstruct navigation: provided nlway, nothing herein contained shs. l prevent the master, owner, or other persons aforesaid from disposing of any ballast, stones, gravel or other rubbish and landing the same afiove high water mark.

Sec. 4 No iii-aster or other person as afore- said shall iinlead, discharge, lct fall or throw overboard from any vessel, lighter or beat, any stones, gravel, ballast or other rubbish which wi 1 not lioait, in any part of the portaforcsaid but shall carry and land the same above high- water mark. or into such other lace as the ballast-uiustcr shall appoint and direct.

Sec. 5 fan master, owner or other per- son as aforesaid shall unlade, discharge or cause, or permit to be thrown or dropped overboard from any vessel, lighter or boat, any stones, gravel or ballast, or any rubbish or thing that will not ﬂoat and which might not come .an r denomination of unloading or discharging ballast, contrary to the true intent and meaning of this law, in any place within the limits of the City other than pointed out and directed by the ballast-master, each and every person so olicnding shall forfeit and pay for each and every ofencc a penalty not exceed- ing ten pounds, but this law shall not extend nor be oonstruedto extend to prevent the said ballast-muster from prosecuting for. the higher penalties imposed in and by the net of the Ge- neral Assembly made and passed in the twelfth

HASZARD’S GAZETTE JULY 12.

cost of the purchaser thereof, such cost to be-! come a debt due to the said ballast-master, and : if refused or neglected to be paid, to be recover- ed in the Msyor’s Court, if not exceeding- twenty pounds; and if no purchaser for such wreck or obstruction shall he found, such wreck or obstruction shall be removed by the ballast-master at the expense of the Lity. WHARVINGPZR.

Sec. 9. The Wharﬂnger shall cause_the City Wharfs to be kept in due preservation and rcpair,—take care that neither of them is encumbered with articles or things of any kind, to the prevention of vessels loading or dischar- ging thereat, or of ordinary business being per- formed thereon-prevent their encumbrance with any shed or any building of any descrip- tion, and cause any such erections now thereon to be moved away—prohibit any quantity or quantities of weighty articles benig laid or to remain on any of the blocks or bridges of mud wharfs to the injur of the s:inie—coll_ect thc iviuirfage of vesse s lying, discliargiiig or loading thcreat, and the wliarfagc_on imports and exports-—prevent damage to said w_liarvcs, and to cause t e person or parties causing any damage, to be (prosecuted for such damage as may be directc —and said ivharimger to pro- duce his accounts duly attested to, quarterly or oftener it required by the City Council. ﬂ_|tl to do and perform all and every of such duties as slialPpsrtain to the several departments of the otiices of Harbour-master. Ballast-master and Wharﬁnger, subject at all times. to the direction and control of the City Council.

Sec. 10. Any vessel lying at either ‘wharf, not for the purpose of loading or unloading, or any vessel which may be loading or unloading, and which shall, or may be in a condition to be moved to any other part of the wharf equally safe and suitable, though with less draught of water, shall be so moved, by order of the wharlinger when he is requested, or when in his opinion the berth shall be required by some other vessel desiring to deliver or receive Her Majesty's Mails, or to load, discharge or carccn thercat, and on the failure or refusal of any master, owner or other person as aforesaid, to move such vessel to any other part of the wharf, or from the wharf to the outside of any other vcsz-cl, within Tt':‘it~lliltll.|lG time after notice so to do, such master or other person shall be suh_ie.¢~t to, and pay a sum not exceed- ing Five l’oi.nds, for each ra.-fusal or neglect, over and :llli>\i' the cost of moving such visscl.

Sec ll. ll either of suitl whzirfs shall at any time be so encumbered with Lumber, Coal, Bricks, Ballast or any other species of goods. inercliandizc or materials so as to inconiinode or obstruct the passing or repassing of any _trucks or carriages employed for the purpose of loading or unloading any vessel, the whar- tin r shall personall worn, or by notice in writing left at the pace of residence of the owner or agent of such l.umher,< Coal, Bricks or other goods, requiring him or them to move the same from thence, within a reasonable time, and if the same shall not be moved accordingly, the party oﬂt-riding shall be liable to a line not exceeding foi-t- shillings ‘with costs, and the wharﬁngcr is hereby authorized to cause the same to be moved, and keep them in custody until the line, wh.irfag.:, costs and other expenses in moving the same shall be paid by the owner, agent or claimant of such articles, and in case the owner or agent is not to be found, the wharfingo-r may, and shall, at

year of thereign of her Majesty Queen Victoria, I his discretion. move said gmrds, and have them “mined “Al, A0; ,,],;gjng so Hm-hour gm advertised and sold to pay the wlmrfugc and Ballast-masters. other expcnsestlicreo . ' Sec. 6 The ballast-master shall be paid by See. 12. The Wharﬁnger shall have full the master, owner, or other persons u.l'oi-esnid owcr and authority to ctntso to be moved, any which shall unlade or dischar ballast as vessel or the moorings, furniture or materials aforesaid at the rate of ten shit in a per day ol7.any;vsssel.’ and any lighter, barquc, boat, during the time he shall necessarily e employ- llat,'raft, spar, timber or any article or matc- ed in attending such vessel and dischargingtlierial whatever, which may obstruct the free duty hereby enjoined at him when said ballast, passage of the public ferry- hosts, in approach- is discharged in an other place than on a wharf, mg to, or departing from the slips belonging to Sc 7. ’ baf st-master shall notify ths=the said wliarfs, or any article or impediment oivner or owners 0 any wrecks or obstructions which may obstruct persons in ascending or or the person or persons by whose deﬁiolt such ' descending said slips. and in case of neglect or wrecks or obstructions may be placed or suﬂ'er- refusal to move any such vessel, moorings,- ed to rcniainin situations thatimpede orrender boats or obstruction after due notice to the dangerous the navi tion of the port aforesaid master, owner, or person in charge of such ves- or any part‘ thereo to move or cause the saute sel, boat or obstruction as aforesaid, he or they

such manner as the said wliartlnger shall deem necessary, shall be liable to a line not exceed- ing forty shillings, beside being liable to the costs of having his vessel moved from said wharf at the discretion of said wharlinger.

Sec 14. The person in charge of any vessel lying at either of said wharfs, when directed by the wharﬁngcr so to do, shall cause the jib- hoom, sprit-sail-yard, martingale and main-

com ol said vessel or either of them to be struck or taken on board of said vessel, or any of the yards thereof to be braced, under a penalty not exceeding tiventy sliillin s.

Sec. 5. if any person or persons s iall drive any horse, mare, gelding or other beast of burthen in an carriu , coach, wagon, truck, cart, slcd, sleigh or other vehicle for the trans- portation of persons or goods or either of them, or shall ride any such beast on or over either of said wharvcs at a greater speed than a walk, such person or ersons shall forfeit and pay a sum not less t an ﬁve shillings nor more than twenty shillings with costs to be recovered on view of any of the city authorities or on the oath of said wliariinger or other cre- dihle witness, and levied by warrant of dis- tn-.88 or the oiiendor to be committed to jail for n leriii not less than forty-eight hours nor more than five days.

Sec. 16. No truckman or other person shall be rinitted to load any truck, cart, wsggon, sleigh or other vehicle from the wharf or dis- charge any loads thereon with such truck, cart or other vehicle standing across the wharf unless by permission of the whsrﬁnger, and any person actin in this way without such permission shall orfeit and pay a sum not ex- ceeding twenty shillings for one olence.

Sec. 17 The vvharﬁnger is hereby empowered to cause all obstructions which may be placed on either side of said wharfs in a line with Queen Street and Pownal Streets respectively to be moved at the expense of the arty or rties causing such obstructions, an to me e and enforce such regulations as shall be necessary to prevent ballast or other materials from falling or being thrown in the water near the said whsrves when being loaded on board or discharged from any vessel, and to prevent to the utmost of his power the master or owner of any vessel, lighter or boat or any other person from throwing or unloading any stones, gravel, ballast, oyster-shells, rubbish. or any other thing that will not tloat in the water within the limits aforesaid; and the said wharlinger is hereby authorised and required to prosecute any person or persons so offending. who shall upon due proof thereof before the Mayor's or Police Court, forfeit and pay for every such olfence. a sum not exceeding Five Pounds, bo- side being liable for the damn that any ves- sel or ciiigo may sustain theregly. '

Sec. 18. lt'tlie owner, master or erson in charge of any vessel, shall wilfully al ow sueli vessel to injure either of the said wharfs, si_i,ch person shall be liable for every such olfence to a fine not exceeding Twenty Shillings over and above the damn cs thereby done to the said wharf, and the amiiges'so’don'e to the said wharf. if not exceeding Twenty Pounds, shall berecovcred at the suit of the wliai-ﬁn r by action of debt in the Mayor’s Court, and if over Twenty Pounds, then to be recovered in the Supreme Court. - '

Sec. 19. No erson on xinv pretence‘ what- ever, shall kindle a tire on either ofsaid wharfs,‘ except by consent of the wharfin ‘er,'_and any person violating this ssction,.sluii be subject to a line not exceeding 'l‘cn Pounds, beside be- ing liablc for all damage done thereby.

Sec. 20. Every master of any vessel coming into the said port, or the pilot in charge there- of shall from time to time conforin himself strictly to all directions. which shall be given to him by the said w-harlinger touching the mooring, unmooring, placing or movingofany vessel under his charge as long as such vessel

warrant of distress and sale of the olsnders goods and chattels or of the Boats, Tackle or apparel of the vessel in respect of which or in respect of the master, owner, part owner or commander of which any such line, penalty, damage or sum may have been payable, and if no such goods and Chattels can found where- on to levy,then the imprisonment not to exceed sixty days.

See. 2 . In all cases when the wharﬁnger may deem it advisable or necessary for the bet- ter recovery of the wharfage or other sums as aforesaid, it shall and may be lawful for him to roceed for the recovery of the same by bai able capis, or otherwise in either of the courts aforesaid according to the amount there- of ; and if by hailable ca ins it shall be suﬁici- cnt, if the a idavits, of iljebt to he made by the whartinger, thereupon states that the amount ol' debt or penalty so sought to be recovered, is according to his discretion and belief due under and by virtue of this law.

See. 24. It shall and ma be lawful under sanction of the City Counci for the harbour- master and whartinger, from time to time, to deputs so many deputies or assistants as he may deem requisite under him, to perform all or any of the duties imposed on him by this

aw, and each of such deputieswhile acting un- der any such appointments shall be vested with all the powers, authority and discretion, con- ﬁned and allowed by this law on, and that may be exercised by the said harbour-master and wharlinger for performin the services be me require of them and he s all be responsible in all respects whatsoever, for the acts and con- duct ot' such his deputies and assistants so far as they me be emp eyed by him, and he alone shall be lie. is to compensate and pay them for their services.

See. 25. The whartinger shall and may ask, demand, take and rccsive,ofand from the own- ers, part owners, masters, or other persons liavin charge of all vssels lying fast to either of sai wharfs, such rate per day as wharfsge as is herein-after speciﬁed, or as the City Coun- oil may from time to time direct and appoint ; such vescls however as may lay fastened to the outside of vessels which are fastened to said wharls or which may he careening or repairing shall be subject to pay but one half the whar- fage that vessels of similar tonnage have to pay that are not careening. repairing or lying fastened outside of other vessels fastened to said wharfs; and no vessel shall be subject to pay wharlisge so long as the navigation shall remain closed by ice, except when usin either of said wharfs for the purpose of un ergoing repairs.

WXIARPAGI or vesssrs: Boats under 24 feet in length, free. Boats belonging to licensed fcrrymen, free,

See. 26. 'l‘ho wlmrﬁngcr shall and may ask, ilcniaiid, take and receive of and from the owner, receiver or shipper of any gootls,vvares-, merchandise, lumlver, timber, ballast, lime- stone, bricks, agricultural produce of any kind or any other articles such sum or sums per ton or otherwise for the landing or ship- ment of such merchandise or other articles as

shall be lying and situate within the limits of tlrc authority of said whartingcr under it petiol- ty for each o1l'cncc"of any sum not exceeding l'ive Pounds. ' ' Sec. 21. If any person shall by force or violence assault, resist. molest, oppose, hinder or obstructsaid wliartinger, harbour or ballast- masler or other person em oysd as aforesaid in the exercise of his, or their respective oﬁico

licrein-after specilcd. or as the City Council irnay from time to time determine or direct: . all wliarfage inny be demanded daily and when obtained either from vessels, goods, produce or otlierwisc shall he paid into the Cfly ff;-engury monthly, to and for city purposes.

SCALE OF CHARGES [OR GOODS LANDS-D ON

THE WHARFS.

vlcsssls. I'll nsv. Lighter, 0 0 Of 10 tons, and under 20 tons, 1 o- 20 do. 30 1 6 30 do 40 1 9 40 do 60 2 g 60 do 80 2 80 do 100 2 9 100 do 180 3 0 130 do 150 43 3 150 do 180 3' 6 I80 do, . 20 4~ 0 220 do ‘180 4 6 280 do 350 5- 0 350 do 450 0 o 450 do 550 7 o 550 do 750 and upward. 9 0

to be moved within. thirty days or within such less time as the ballast-master may direct from the time of the service ofsuch notice; and if the owner. or other persons aforesaid, of said wrecks or obstructions shall refuse or neglect to move the same within 49 time prescribed they or either of them shall be subject to a penalty not exceeding ten pounds for each chaos, over and above the costs of moving said wreck ofobdtr-action and the costs of any suit ofsults occasioned thereby. A ,, Sec. 8.‘ To the event 0 the owner or owners ofauy such ‘wreck or obstruction not tielvi knows, the ballast-mutsr after due public notice being iven shall cause the ssid wreck or ohstrucuo to so sold at uhlic auction, one condition of which sale shs I be, that the said wreck or obstruction in removed at the expense of the purchaser within. each time as the ballast-master may limit. and if the purcha- ser shsll no i t or refuse to remove the sons within the I so limited, dis bsllsst-master

shall be subject to a line not exceeding ﬁve pounds, over and above the costs of moving such obstruction ; the wharﬁnger is also to see that the I-‘errynian or lessee of the Hillsborough ferry complies with his contract, and does his duty, and if he fails in doing so, the said whar- ﬁnger shall report the same to the Mayor or presiding Councillor.

Sec 13. In case of any dispute between the masters or owners. of vesu as to the right ofoas vessel lying outside of any other veael for the purpose 0 l at either of said whsrfs, whilcsuoh .lsst men- tioned vcsssl shsll bsl ing at either of the said when-fs, the same sli be decided and deter- mined by the said whsrniiger; and the master or owner of any vessel refusing to comply with the order of the whsrtingcr in this respect. or who altar request made, shsll refuse to allow any goods, merchandise or passengers to be conveyed across his vessel from any such out- side vessel, or shall refuse to allow any stage

is hereby required tereaiovs she some at the

or ollices or any of the powers of this law con-' For every ton of coals, oardsge. oakuni. ballast

coding or discharging “

ferred upon him or them, or any crson acting in his or their assistance, such riding party, shall forfeit and pay a tine not excecdin v ten pounds, and if not paid on conviction, t e of- endcr shall be imprisoned fora period not ex- ceeding thirty days.

See. 22. ' ‘he rates of whsrfage now or which may from time to time hereafter be levied on all vessels, merchandise or produce as hereinafter speciﬁed, and all lines, penalties, da- mages, or other sums im by this law not otherwise provided for vv en demanded by the whsrlin r, or by any other person duly author- ised to amend the same of liiid from the cr- sons liable to pay the same shall be by tfiem

lsuius to be recovered by the whartinger in the

Supreme Court,when.excesding twenty ands, and when the amounts sought for, slialfiiot ex- ceed this sum,tlaea the same to be recovered on

;the oath of the said wliariiiigsr or other credi- Shin ‘les, and Slaves two to be srsetsd for that purpose, so far, and in bls witness in the Mayor’s Court and levied by Bi-io 5, per thousand, th .e pence.

neglected or refused to be paid such sum or,

I sslt, slates. stones, iron, liuieston -, chains

and anchors, copper, and all kinds of

iron castings one penny half l)ry ﬁsh a half penn per quints .* Barre con- taining Flour, ples,Fish or stbsr ina- tcrisls one luil penny each, «and is: r caske computed at the some rde allow rig thirty gallons to each barrel. I Crates of Earthenware four pence escli, Dr goods, Dyewoods, carri ,Furniture and other articles comps

For

lnOlIllll'CUOnt

r s. « Indian Corn aiid sllother inds of grain, ss, beans and articles ‘the like nature, as shilling per onsh dred bushels.

Lumber coiiiprisin deals, b rde, timber, scan- tllng and suei llkc,t ee half pence per thousand superficial -ct, inch measure. nee per assnd.