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BALLAST OFFICES ACT 1729
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CHAP. XXI.
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An Act for cleansing the ports, harbours, and rivers of the city of Cork, and of the towns of Gallway, Sligoe, Drogheda, and Belfast; and for erecting a ballast-office in the said city, and each of the said towns.
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6 Anne 20. 6 G. 1 15. 10 G. 1. 3.
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Mischiefs by irregular taking up and throwing out ballast,
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to preserve navigation of said ports,
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Ballast-offices shall be erected in said places, by and under government of the respective corporations.
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Conservators of the rivers and ports,
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who may make by-laws, confirmed by chief governors, &c.
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WHEREAS the preservation of the trade of the city of Cork, and of the towns of Gallway, Sligoe, Drogheda, and Belfast, is of great importance as well to his Majesty’s revenue as the good of the whole kingdom: and whereas the navigation of the ports belonging to the said city and towns hath been of late much more than heretofore obstructed, and the several harbours and channels belonging to the said city and towns are become extreamly shallow, by which means voyages have been prolonged, to the very great prejudice of trade, and his Majesty put to extraordinary expence and charges in keeping officers longer on board the vessels trading to and from the said city and towns, than would have been needful, had the said several harbours and channels been preserved in the same condition, they formerly were; which mischiefs have been principally occasioned by the licentious and irregular taking up and throwing out of ballast, and breaking the banks of the channels, for want of proper laws for regulating how and in what manner the shipping resorting to the said ports should demean themselves in relation to their throwing out and taking in of their ballast: to the end therefore that the navigation of the ports belonging to the said city and towns by clearing and deepning the said harbours and channels for the future may be preserved and secured; be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful to and for the mayor; sheriffs, and commonality of the city of Cork, the mayor, sheriffs, free burgesses, and commonality of the town and county of the town of Gallway, the provost, burgesses, and freemen of the town of Sligoe, the mayor, sheriffs, burgesses, and commons of the town and county of the town of Drogheda, and the sovereign and free burgesses of the town of Belfast, severally and respectively at any time after the twenty fifth day of April, which shall be in the year of our Lord one thousand seven hundred and thirty, to erect in the said city o Cork, and in each of the said towns of Gallway, Sligoe, Drogheda, and Belfast, one office; which said offices from thenceforth shall be severally and respectively called and known by the names of the ballast-offices of the said city and towns: (that is to fay) that erected in the said city of Cork by the name of the ballast-office of the port of Cork, and so of the said towns respectively; to the end that all ships, which shall thenceforth resort to the ports or harbours of the said city and towns, may be furnished with ballast by the said offices respectively, and not otherwise; and which said offices, from the time they shall be so erected as aforesaid, shall always be under the government, inspection, and direction of the mayor, sheriffs, and commonality of the said city of Cork, the mayor, sheriffs, free burgesses, and commonality of the said town and county of the town of Gallway, the provost, burgesses, and freemen of the said town of Sligoe, the mayor, sheriffs, burgesses, and commons of the said town and county of the town of Drogheda, and the sovereign and free burgesses of the town of Belfast, severally and respectively; who are hereby severally and respectively constituted and ordained keepers and conservators of the said several rivers and ports of Cork, Gallway, Sligoe, Drogheda, and Belfast, by the names of their several incorporations, and severally and respectively impowered to make such orders, rules, and by-laws, for the well government of the said several offices, and for the cleansing of the said harbours and channels, and for securing all ships that shall come into the said ports, as shall from time to time be approved, ratifyed, and confirmed by the lord lieutenant, or other chief governors of this kingdom for the time being, and fix or more of the privy-council of the same.
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and provide boats, workmen, and tools to raise ballast in any parts of the channels within verge of their authority,
and furnish ships in 24 hours after notice, or 12 hours after wind and weather permit.
Sunday not accounted:
brought to ships sides, and immediately thrown in by the crews.
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II. And be it further enacted by the authority aforesaid, That the mayor, sheriffs, and commonality of the said city of Cork, the mayor, sheriffs, free burgesses, and Commonality of the said town and county of the town of Gallway, the provost, burgesses, and freemen of the said town of Sligoe, the mayor, sheriffs, burgesses, and commons of the said town and county of the town of Drogheda, and the sovereign and free burgesses of the town of Belfast, shall severally and respectively within their several ports provide a sufficient number of lighters, boats, or gabbarts, together with workmen, tools, and engines, for the raising the ballast in any parts of the channels or rivers of the said harbours or ports, that shall be by them respectively judged expedient, within the verge or verges of the counties of the said city and towns respectively, or the extent of their respective authorities; and shall furnish all ships within the said ports with ballast at the rates herein after mentioned within twenty four hours after notice given by the commanders or masters of the said ships to the proper officers at the said several ballast offices, for that purpose to be appointed to receive such notifications, so as wind and weather will within that time permit them; and in case wind and weather will not then permit them so to furnish ballast, then within twelve hours after wind and weather will permit: provided always that the Lord’s day, commonly called Sunday, shall not be accounted any part of the twenty four hours or twelve hours aforesaid: the said ballast to be brought to the sides of the ships that shall have occasion for the same, and thence immediately thrown into such ship or ships by the crews of the said ships respectively.
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If lighters unnecessarily detained, master of the ship shall pay to the office, as determined summarily by chief magistrate,
not above 1 s. per hour each lighter.
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III. And to the end that the said lighters, boats, or gabbarts, be no longer detained, than shall be necessary; be it enacted by the authority aforesaid, That in case the crew of the said respective ships shall neglect or refuse to cast in or cast out their ballast, so as to occasion any unreasonable or unnecessary delays therein, that then and in such case the commander or master of each ship respectively so delaying shall pay or cause to be paid to the master of the ballast-office for the time being for the damage, which the said ballast-office shall thereby sustain, such sum or sums of money as the chief magistrate of such of the said city or towns, where such delay shall happen to be given, shall in a summary way finally judge and determine; so as that the said sum do in no case exceed. one shilling for each hour, each lighter shall be unneccssarily detained by the neglect or default of such commander or master, or by the neglect or default of the crew of such ship or ships as aforesaid.
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British or Irish ships shall pay ballast officer 6 d. per tun, but if delivered below Black-Rock in port of Cork, 9d.
Foreigners 1 third more.
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IV. And be it enacted by the authority aforesaid, That every ship belonging to Great Britain or Ireland, that shall take in any ballast in any of the ports aforesaid, shall pay or cause to be paid to the officer appointed to keep the ballast-office in such port as aforesaid, or his or their deputy or deputies, the several sums following; (that is to say) in the said port of Cork, the sum of six pence per tun for every tun of ballast so delivered at or above the castle of Black-Rock; and for each tun delivered below the Black-Rock, nine pence per tun; and for every tun of ballast so delivered in any part of any of the said other ports, the sum of six pence, and no more; and all and every ship or ships belonging to foreigners shall pay for ballast in every of the said ports one third part more per tun, than what is aforesaid charged on British or Irish ships.
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British and Irish ships (except in die King’s pay, or that neither load or unload there) shall pay tunnage besides 1 d. per tun; but not more in the whole at one time than 208.
Foreigners one penny halfpenny,
but not more than 11. 103.
computed by outward gauging.
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V. And in regard the mending or cleansing of the said several harbours and channels will be of great use to all ships, which shall come into the said ports, and to all lighters, boats, gabbarts, and wherries within the said ports, and that a great and constant expence will be requisite to carry on the said several works in the said several ports: be it enacted by the authority aforesaid, That from and after the said several ballast-offices shall be erected as-aforesaid in the said several ports, or in any of them, all British and Irish ships, which shall come into any of the said ports, where such ballast-office is or shall be erected and kept up (ships in his Majesty’s, his heirs and successors, pay, and ships, that neither load or unload in any of the said ports, only exempted) shall pay unto the said office one penny per tun for every tun of the burthen of such ship or ships over and above the money payable for ballast as aforesaid, in case that they make use thereof; and every foreign ship coming within any of the said ports shall pay one penny half-penny per tun over and above the ballast money, if they have any ballast delivered them in such port; which tunnage, as well in British and Irish ships as in foreign ships, shall be computed by outward gauging of the said ships respectively, and not otherwise; and the master of such ballast-office for the time being, and all and every other officer and officers for that purpose as aforesaid appointed or to be appointed, is and are hereby impowered to make such outward gauge of all and every such ship and ships, as shall come into or go out of any of the said ports from time to time, as they shall see occasion for the doing thereof; provided always that no such British or Irish ship or vessel of what burthen soever shall at any one time pay more in the whole for such tunnage than twenty shillings, nor any foreign ship of any burthen more than one pound ten shillings.
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Wherries, boats and hookers shall pay 2s. and 6d. fine, and 2s. and 6d. per ann.
Gabbarts and lighters (except those of ballast-office) 5s. fine, and 58. per ann.
Ballast master may enter for non-payment, and distrain sails, oars, &c. and sell in 10 days.
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VI. And be it enacted by the authority aforesaid, That from and after the erection of such ballast-offices all lighters, boats, gabbarts, hookers, and wherries, which shall be usually employed in any of the said ports, where such ballast-offices shall be erected as aforesaid, shall pay, and their respective proprietors and owners shall be charged with the payment of, the respective sums of money herein after mentioned to such ballast-office; (that is to say) for every wherry, boat, and hooker, two shillings and fix pence fine, and two shillings and fix pence per annum during the time such wherry, boat, or hooker, shall be kept on any of the said rivers, ports, or harbours; and every gabbart and lighter, other than the gabbarts, lighters, and boats belonging to such ballast-office, five shillings fine, and five shillings per annum for and during the time that such gabbart, lighter, or boat shall be kept on any of the said rivers, ports, or harbours; and, in case of non-payment of the said respective sums hereby charged, it shall and may be lawful to and for the master of the ballast-office, or his deputy or deputies, in any of the said ports where such default or payment shall be, to enter into any wherry, hooker, gabbart, lighter, or boat charged with the payment of the said sums, or any of them, and to distrain the sails, oars, tackles, apparel, and furniture of every such wherry, boat, hooker, gabbart, and lighter, or any part thereof, and the same to detain and keep until he or they be satisfied and paid such sum and sums of money charged on such wherry, hooker, gabbart, boat, or lighter as aforesaid, and every of them; and in case of neglect or delay of or in payment of the said sum or sums of money, or any part thereof, by the space of ten days after any distress or distresses so taken as aforesaid, that then it shall be lawful to and for such master of such ballast-office, his deputy or deputies, and every or any of them, to sell the said distress or distresses so taken, and therewith to satisfy him and themselves as well for and concerning the duty so neglected or delayed to be paid, and for which a distress shall be so taken as aforesaid, as also for his and their reasonable charge in the taking or keeping of such distress or distresses, rendring the overplus (if any arising by such sale) to the person or persons who shall work, sail, or ply in such wherry, hooker, boat, gabbart, or lighter, for the use of the several and respective proprietors.
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Revenue officers shall not clear outwards, without discharge from ballast-master of all said duties:
Ballast-master delaying discharge, Penalty 40 s. before chief magistrate.
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VII. And to the end that the said respective duties hereby made due and payable for ships as aforesaid may be more effectually levyed and paid; be it further enacted by the authority aforesaid, That it shall not be lawful to or for the officers of his Majesty’s revenue, or any of them, in the said ports, or any of them, to clear or discharge any ship or ships outward bound, or to permit any ship or ships outward bound to sail, or to permit any ship or ships above the burthen of thirty tuns, to be measured as aforesaid, to sail coast-ways, until the commander or master of such ship or ships shall have brought a discharge from the master of the ballast-office or his deputy, testifying such ship or ships to have paid and cleared their ballast money in case they took in ballast, and likewise all and fingular the duties hereby as aforesaid imposed; which discharge shall be immediately granted without fee or reward, fraud or delay; and in case of refusal or delay then the master of the ballast-office or his deputy so refusing or delaying shall forfeit forty shillings for every such refusal or delay to the master of such ship, to be recovered in a summary way before the chief magistrate of such of the said city or towns, where the same shall happen, to be levyed by distress by warrant under the hand and seal of such chief magistrate, and by sale of the goods and chattels of the master of the said office.
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All money levied, deducting charges, employed in amending the said harbours:
Overplus for a work-house there.
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VIII. And be it further enacted by the authority aforesaid, That all and every sum and sums of money arising, growing due, or levyed from time to time by force and virtue of this act, incident charges, salaries, and necessary expences of the said several and respective ballast-offices being first paid and deducted, shall from time to time be imployed in amending and cleansing the said several harbours, rivers, and ports respectively; and in case there shall be any overplus remaining, the same shall be applied to the erecting and supporting a work-house or work-houses to promote the linnen manufactory in such of the said ports, as shall have any such remaining overplus.
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Said corporations shall once in 3 years lay before chief governors and council account of produce, and how applied;
on oath of the officer, if required,
Account also on oath every Lent assizes.
Penalty for not accounting 1001.
by a jury of county of Dublin,
to informer, and the work-house in such port.
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IX. And to the end that the same may be effectually done; be it enacted by the authority aforesaid, That the mayor, sheriffs, and commonality of the said city of Cork, the mayor, sheriffs, and free burgesses and commonality of the town and county of the town of Galway, the provost, burgesses, and commons of the town of Sligo, the mayor, sheriffs, burgesses, and commons of the town and county of the town of Drogheda, and the sovereign and free burgesses of the town of Belfast, shall once in every three years respectively lay before the lord lieutenant, or other chief governor or governors, and the privy council of this kingdom, a true and perfect account of the annual produce of the said respective sums of money as aforesaid charged, and also how the same have been applied; which account shall be upon oath of the officer or officers concerned in the receiving or paying thereof (if so be, that they shall be thereunto required) and the said officer and officers so employed in receiving or paying the same shall likewise every Lent assizes return his and their accounts upon oath before the going judge or judges of assizes of the several counties, wherein the said ports respectively lye; and in case any of the persons aforesaid shall neglect or refuse to account according to the meaning of this act, he or they for every such neglect or refusal shall forfeit the sum of one hundred pounds sterling, to be recovered by any person who shall sue for the same in the courts of King’s bench, Common-pleas, or court of Exchequer, by bill, plaint, or information, in which no essoign, nor any more than one imparlance shall be allowed; and the same shall be tryed by a jury of the county of Dublin; one half thereof to be given to the informer, and the other half to be applyed to the erecting or support of such work-house or work-houses for the linnen manufactory in such of the said ports, as the said forfeitures shall be incurred in as aforesaid.
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Said corporations may appoint officers and salaries,
and increase or diminish,
so as confirmed by chief governors, &c.
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X. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the mayor, sheriffs, and commonality of the city of Cork, the mayor, sheriffs, free burgesses, and commonality of the town and county of the town of Galway, the provost, burgesses, and freemen of the town of Sligo, the mayor, sheriffs, burgesses, and commons of the town and county of the town of Drogheda, and the sovereign and free burgesses of the town of Belfast respectively from time to time for ever hereafter to nominate, constitute, and appoint such officers, as they shall think fit and proper, for the execution of the several branches of the said ballast-offices, and to establish such salaries and allowances to them, and every of them, as they shall respectively judge meet and reasonable, out of the produce of the duties herein before vested in the said officers, and the same to increase or diminish as they shall respectively see cause, so as the same from time to time shall be ratified, confirmed, and approved of by the chief governor or governors, and six or more of the privy council of this kingdom for the time being.
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Throwing dirt, &c. into said rivers, or any fewer or stream,
Penalty 5 - 10 prosecutor,
or, on default, to house of correction 4 days.
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XI. And to the intent that no ashes, dirt, or filth, may for the future be cast into any of the rivers of the said ports, or into any of the common-sewers of the said cities or towns; be it enacted by the authority aforesaid, That every person, who shall cast, or help or assist to cast, any ashes, dirt, filth, or rubbish, into any of the said rivers, or into any sewer or stream, that empties, itself into any of the said rivers, being in a summary manner thereof convicted upon oath before the chief magistrate of such of the said city or towns, where such offence shall be committed, or before any one or more of the justices of the peace of any of the counties of the said city or towns, or counties at large, for any of the crimes aforesaid committed within their respective authorities, shall forfeit for every such offence the sum of five shillings for the benefit and advantage of every such person or persons as shall and will discover and prosecute the same; which said sum of five shillings shall and may be levyed by distress and sale of the goods and chattels of the offender by warrant of such chief magistrate or justice of the peace, before whom the party was convicted, returning the said party the overplus; and in case the said offender shall not have wherewithal to satisfy and pay the said sum of five shillings, that then and in such case it shall and may be lawful to and for chief magistrate or justice of the peace respectively to send the said offender to the house of correction, to be once whipped or kept to hard labour at his discretion, so as the confinement of the offender to the said house of correction may not for any one fault exceed four days.
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All ballast shall be taken out of the channels.
None shall be thrown into the rivers or harbours,
Penalty 201. for the ballast-office.
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XII. And for the more effectual cleansing the said several harbours and rivers; be it enacted by the authority aforesaid, That all ballast, that shall be taken in any of the said ports from and after the said twenty fifth day of April one thousand seven hundred and thirty, shall be taken out of the respective channels of the said rivers, and not from any part of the strands or banks, nor carried from one ship to supply another; and that no ballast shall be thrown out of any ship or boat into any part of any of the said harbours or rivers, upon pain of the master or commander’s forfeiting for every such offence the sum of twenty pounds sterling to the corporation, where the offence shall be committed, and for the benefit of the ballast-office of such corporation; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty’s courts of record, wherein there shall be no essoign, protection, or wager of law, or more than one imparlance granted.
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Lighters shall in 24 hours after notice repair to ships on arrival, and take the ballast:
British or Irish 6d. per tun,
Foreigner 8 d.
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XIII. And to the end that all and every of the ships resorting to the said several ports may be eased of their ballast without delay; be it enacted by the authority aforesaid, That from and after the said twenty fifth day of April one thousand seven hundred and thirty the several lighters or boats, to be imployed in the said service, shall from time to time within twenty four hours after notice as aforesaid repair to such ship or ships, as shall come into any of the said ports, and thence take and receive into such lighter or lighters all such ballast, as shall be on board such ship or ships; for recompence whereof the commander or master thereof, in case the same be British or Irish ships, shall pay six pence per tun for every tun of such ballast; and in case the said ship or ships be foreign, then and in that case the commander or master shall pay eight nence per tun, and no more.
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No ballast taken but from the persons appointed,
Penally 51. to said office.
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XIV. And be it further enacted by the authority aforesaid, That no person or persons from and after the said twenty fifth day of April one thousand seven hundred and thirty shall in any of the said ports presume to take up any ballast into his or their ships or vessels but from such persons only, as shall be thereunto appointed by virtue of this act as aforesaid, on pain of forfeiting for every such offence the sum of five pounds sterling; to be recovered in a summary way before the chief magistrate aforesaid for the use of the said offices as aforesaid.
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On neglect of ballast officers, master of the ship on notice thereof to chief magistrate may
employ lighters, to load or unload ballast,
and on oath before collector, &c. have his discharge,
such lighter exempt from the duty 1 year.
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XV. And to the end that no commander or master of any ship or ships resorting to the said ports, or any of them, may have just cause of complaint that his voyage is retarded by neglect of the said officers of the said ballast-office, or that he suffers for want of removing his ballast; be it enacted by the authority aforesaid, That in case the governors or officers of any of the said ballast-offices or their servants shall neglect or refuse to take off or bring in ballast to any ship or ships within any of the said ports at the respective times appointed for doing thereof as aforesaid, that then it shall and may be lawful to and for the commander or master of such ship or ships, at any time after notice given of such neglect to the chief magistrate of the city or town for the time being, to employ any other lighter or lighters, boat or boats, gabbart or gabbarts, for the doing thereof; which said lighter or lighters, boat or boats, gabbart or gabbarts, so by them as aforesaid imployed, are hereby authorized and qualified to take up so much ballast in the channel or channels of the said ports or rivers only, as shall be requisite for ballasting of such ship or ships so as aforesaid neglected, or to carry off such ballast as shall be in such ships arriving in any of the said ports, in case the master, officers, or servants of such ballast-office, shall refuse or neglect the same, within the prescribed times aforesaid; and in every such case, upon, oath thereof made before the collector or chief residing officer of the customs of the port (which oath such collector or officer is hereby impowered to administer) every such master of any ship or vessel shall have his discharge and clearings out of the said, port, as if he had produced such certificate from the master of the ballast-office as aforesaid; and every lighter, boat, or gabbart, which shall be so employed either in the loading or unloading of the ballast as aforesaid on occasion of such neglect by the said ballast-office, shall be exempted from the payment of any duty or mulct to the said ballast-office for one year.
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Ballast office lighters shall not carry goods,
Penalty treble value ot the portage to discoverer.
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XVI. And to the end that the said lighters, boats, and gabbarts, to be employed by the said ballast-office, may give good attendance to the service of the said offices; be it enacted by the authority aforesaid, That no lighter or lighters, boat or boats, gabbart or gabbarts, taken into the service of any of the said ballast-offices, shall at any time carry any goods, wares, or merchandizes of any fort, to or from any ship or ships in any of the said harbours or ports on pain of forfeiting of treble the value of the gabbarage or portage of such goods or merchandizes to the party that shall discover the same; to be recovered in a summary way before the chief magistrate of such of the said city or towns, in the port whereof the said offence shall be committed.
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Vessels funk in said harbours or rivers, and not removed in 6 days, shall be removed by the directors,
and if the charges not paid in 6 days, may be sold at publict cant, rendering overplus to owner.
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XVII. And be it enacted by the authority aforesaid, That whenever any ship, gabbart, or boat, shall by decay, accident, or otherwise, be funk in any part of any of the said harbours or rivers, if the owners of such ships, gabbarts, or boats, do not remove them in six days after such finking, the directors of the said ballast-office of such port, where such ship, gabbart, or boat shall be so funk, shall and are hereby obliged to remove such ship, gabbart, or boat, so funk, to clear the navigation of the said river; and in case the owners of such ship, gabbart, or boat, within six days after the said ship, gabbart, or boat, shall be so removed, shall neglect or refuse to pay such costs and charges, as the said ballast-office shall be put to on account thereof, that then the directors of such ballast-office shall and may sell the same at publick cant to the highest bidder; which sale shall be good and conclusive to all parties; and out of the money arising by such sale deduct the charge and expence they shall be put to on account of removing such ship, gabbart, or boat, rendering the overplus to the owner.
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Directors in a month shall place perches on both sides from entrance of the harbour, and preserve them,
Penalty 51. to prosecutor.
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XVIII. And be it enacted by the authority aforesaid, That the directors of the said several ballast-offices shall within the space of one month after their entrance into the said offices respectively place good and substantial perches at due distances on both sides of the channels of the said ports from the mouths or entrances of the harbours of the said ports to the said cities and towns respectively, and the same shall carefully preserve and keep up from time to time for the direction of ships, on pain of forfeiting for every wilful neglect the sum of five pounds; to be recovered in a summary manner before the chief magistrate of the city or town, in the port whereof the said offence shall be committed as aforesaid, by such person or persons as shall sue for the same.
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This a publick act; and persons sued for acting may plead general issue, &c. and have treble costs.
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XIX. And be it further enacted by the authority aforesaid, That if any person or persons shall be sued, molested, or prosecuted for any thing done by virtue of or in pursuance of this act, or any of the clauses therein contained, such person and persons shall and may plead the general issue, and give this act, (which shall be deemed a publick act in all courts of justice) and the special matter in evidence for his, her, or their defence; and if afterwards a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall discontinue his or their action, or be nonsuited, or if judgment shall be given against him or them upon demurrer or otherwise, then such defendant or defendants shall have treble costs to him, her, or them, to be awarded against such plaintiff or plaintiffs, for which such defendant or defendants shall have like remedy as in other cases, where costs are given by law to defendants.
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Not to give a greater franchise to said corporations.
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XX. Provided always, That this act shall not be construed to give the said corporations, or any of them, any further or greater franchise than they already have by charter, other than to enable them to execute this act.
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Saving royalties, fisheries, &c. in said harbours.
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XXI. And saving and reserving to all persons whatsoever, their several and respective rights and titles, which they or any of them have by law to any lands, slabs, strand, or wyers, lying within the said ports or harbours; and also to their several royalties and fisheries within the said ports and harbours, or any of them.
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