Dingwall Improvement Act 1824

Publication Date:January 01, 1824
Dingwall Improvement Act 1824

(5 Geo. 4) c. xciii

An Act for maintaining the Harbour of the Burgh of Dingwall, and regulating the Police of the said Burgh.

[03 June 1824]

ANN0 QUINT0 Cap. xciii. An Act for maintaining the Harbour of the Burgh of Dingwall, and regulating the Police of the said Burgh. [3d June 1824.1 HEREAS the Cut or Canal forming the Harbour of the Burgh of Dingwaif in the County of Ross has fallen into Dis. repair, and there being no Funds applicable to the Mainte- nance of the said Harbour, it is necessary to make Provision for repairing 2nd keeping the same in Repair : And whereas it is expedient and neces- sary that the Streets of the said Burgh should be paved, cleansed, and lighted, the Burgh supplied with Water, and the Police thereof regulated ; but as these Ends cannot be attained without the Aid and Authority of Parliament, May it therefore please Your Majesty that it may bt, enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spirhal kind `i'&poral, and Commons, in this present Parliament assembled, id by the Autho- rity of the same, That from 2nd after the passing of rhis Act it shall EE.~~~~~,~~ to be lawful for the Magistrates and Town Council of the said Uurgh, !J : p;reti and their Successors in Office, to maintain and uphold the \,aid C;ml :'"`: ii!.tL'l- as they shall think proper, arid also to erect, build, and niakcl ail proper and necessary Abutments, Pillars, Raniparts, Wings, Walk, Bnnk.;, W~V,~ and other Works for the Use, Support, 2nd Pre-t.:va:io;i of rhtl jam?, and the Quays thereof. or navigable Cut or Harbour, with its Wharfs or 13~sin~, in such R/IaIir:er ,C!i. `11. [Local.] fL$ I;' II. fanl! 2138 5O GEORGII 1V. Cap. xciii. mtesniay be levied. 11. And be it further enacted, That it shall be lawful for the said Magistrates and Town Council and their Successors, and such Persons as shall be duly authorized by them, to ask, demand, and recover of and from the Masters and Commanders and Owners of any Ship or Ships, Vessel or Vessels, Barks and Boats trading to and from the said Cut, Canal, or Harbour, the several Rates and Duties specified in the Schedule hereunto annexed. Boundaryof 111. And be it further enacted, That the Harbour of Dingwall shall theHarbour. be deemed and construed and taken to extend, and shall for the Pur- poses of this Act extend along the Firth, from the one Extremity of the Royalty or Burgage to the other, and all Vessels loading or unloading within that Space shall be deemed to use the said Harbour, and shall be subject to the same Rates or Duties as if they had entered the same : Provided that no Goods, Wares, or Merchandize, which have paid such Rates or Duties at unloading, shall be charged any Rates or Duties upon Export, if in the same Packages. &tea howto IV. And be it further enacted, That in case any Owner or be recovered* Owners, or Master, or other Person or Persons having Command of any Vessel charged or chargeable with any of the Rates or Duties gFanted by this Act, or any Owner or Owners, Consignee or Con- signees of any Goods, 'flares, or Merchandize, or other Cargo, shall refuse or neglect to pay the same, then and in every such Case it shali be lawful for the CoIlector or Collectors appointed to receive the same, whom the said Magistrates and Town Council are hereby authorized to appoint, to go on board of such Vessel, and to demand, collect, and receive such Rates or Duties, and on Non-payment thereof to take and distrain such VesseI, and all her Tackle, AppareI, and Furniture, or the Cargo of such Vessel, or any Part thereof, and to detain the same until the respective Rates or Duties shall be satisfied and paid ; and in case of Neglect or Default in Payment of such Rates or Duties for the Space of Two Days after any Distress so made or taken, then it shall and xnay be lawful for the said Collector or Collectors to cause the Same to be appraised by Two or more Sworn Appraisers, or other sufficient Persons not interested therein, and afterwards to sell the said Distress, and with the Proceeds to satisfy himself or themselves, as well for the Rates or Duties so neglected or refused to be paid, and for which Distress shall have been made or taken as aforesaid, as for his or their reasonable Charges in taking, keeping, appraising, and selling the same, rendering the Overplus (if any) on Demand to the Master, Commander, Owner or Owners of such Vessel, or the Owner or Owners, Consignee or Consignees of such Goods, Wares, and Merchandize respectively. V. And be it further enacted, That in case any Dispute shall happen about the Amount of the Rates or Duties hereby granted, or the Charges of making, keeping, or selling any Distress, it shall be lawful for the Collector, or the Person so distrainiug, to retain such Distress, or the Money arisin from the Sale thereof, as the Case may happen, until the and of keeping the Distress, be ascertained by some Justice of the Peace for the County or Place wherein such Dispute shall happen to aricc, who, upon Application made to him for that Purpose, shall cxaminr the For settling BsPntM. Amount of t a e Taxes due, and the Charges of the Distress and Sale, 5'GEORGII IV. Capxciii. Matter on the Oath of the Parties, or other Witness or Witnesses (which Oath such Justice is hereby authorized to administer), and shall determine the Amount of the Rates due, and shall award such Costs and Charges to either Party as to such Justice shall appear right and proper ; all which Costs and Charges shall and may be levied and recovered, in case of Non-payment thereof forthwith, by Warrant under the Hand of such Justice, rendering the Overplus, if any, upon Demand, after de- ducting the Costs and Charges of making such Distress and Sale, to the Person or Persons whose Vessel, Goods, Wares, or Merchandize has or have been so distrained and sold. VI. And be it further enacted, That the Tonnage and Admeasure. Masters of ment of all Vessels required to be measured by any Act or Acts of Vessels to Parliament in force, and trading or coming to or departing from the said Harbour, extending as aforesaid, and liable to the Payment of any of the Rates or Duties by this Act imposed, shall be ascertained according to the certified Tonnage in the Ship's Register ; and the Master or other Person having the Command of any such Ship or Vessel is hereby required to produce the Certificate or Regimy at the Time of Payment of the said Rates or Duties, to the Person or Persons who shall be duly authorized to collect and receive the said Rates or Duties; and in case of any Dispute in, about, or concerning the same, or in case of any Dispute in Fespect of the Tonnage of any Vessel not required to be registered, then the Tonnage of such Vessel shall be ascertained by an actual Measurement as after-mentioned. Kegistry. VII. And be it further enacted, That if the Collector or Collectors In case of of any of the said Rates or Duties, or such other Person or Persons as Ijispute as the said Magistrates and Town Council, or their Successors in Office, shall merit, duly nominate and appoint in that Behalf, and the Master or other Person having Charge or Conimand of any Ship or Vessel subject to the said Rates or Duties, canrlot agree, or otherwise ascertain the 'Tonnage of such Ship or other Vessel, thea and in every such Case it shall be lawful for the said Collector or Collectors, or Person or Persons appointed as afore. said, from 'i'ime to Time to stop, detain, enter into, and measure and gauge the same, in manner directed by an Act made in the Fourth Year of the Reign of His present Majesty, intituled An Actfit the registering of Vessels ; and in case the same shall upon the measuring or gauging thereof appear to be of greater Tonnage than shall be set forth and contained in the Account which shall be given thereof, then the Master or Person giving in such Account shall pay the Costs and Charges of such nieasur- ing or gauging, all which Costs and Charges, upon Refusal of Payment thereof on Demand, shall and may be recovered and levied by such Ways and Means, and in such Manner as the Rates or Duties are hereby appointed to be recovered and levied ; but if any such Ship or other Vessel shall be found to be of the same or 1essTonnage than the same shall by such Account appear to be of, then the said Collector or Col- ktors, or such other Person or Persons respectively, shall pay the Costs and Charges of such measnring or gaugins, and shall also pay such Damages as shall appear to l'wo or i:mt Justices of ihc l'eace in and for the County of Rm, on the Oath of any credible Win:? , to have arisen fmm such Detention ; and if any &laster, Ccnimander, or ctiler Officer of my Ship or Vesselp or any other Person or Persons whomsoever, shall hindv to MWUM- 2140 5' GEORGII IV. Ccpxciii. hinder my Pcrson or Perscns so employed from mea5urir.g or gauging any Ship or Vessel in pursuance of this Act, every s:;ch Rlastcr, Com- mander, or other Pcrsm shall for every such Offence furfcit any Sum not exceeding. One Pound, over acd above the said liates, to bc recovered 2s aforssaid. vr-ic'bllotto VIII. And bc it further enacted, That no Collector of His Majesty's Customs, or other Ofiicer to whom it may lawfully appertain, iii the bc cri!cmI urlle S xr;i\ter I:r(,c;,lce [;cr- Countiis cf Ros.r, Cromarty, or Irn.mxfss, shall, on ariy Pretence what- :liit,:t!e of ever, perinit or allow any S!:ip or Vessel, on nihich Duties ofTcnr,nl;e xc f':9~~~~11t of by this Act iinposed, to b:! entered inwards froniForeign I'oris, Gr Coastwise, un!ess arid until the Master or other Person having Charge of any such f?;lt.!.;, Ship or Vessel shall have paid the Duties of Tonnage by this Act imposed, and shall have produced to the said Collector or other Officer a Certificdte under the Hand of the Person appointed under the Authority of this Act, to collect the said Rates or Duties, bearing that the Rates...

To continue reading