Ballast, from on board their Ships and Vessels, to be thrown into the
Rivers
and Harbours within this Province; whereby many safe and very good
Harbours
are already spoiled, or rendered dangerous; which Practice, if not
timely
prevented, will be very hurtful to the trade and Navigation of Great-Britain,
and entirely destructive to the Trade and navigation of this Province,
And whereas the said pernicious Practices have been continued and carried
on,
because, by the Laws heretofore made, Masters of Ships and Vessels,
or other
Persons who have had the Charge and Command of Ships and Vessels, and
who therefore might and ought to have prevented the said mischievous
Custom,
have not been subject to any penalty for neglecting their Duty therein:
Wherefore it is prayed that it may be Enacted;
II. And be it
Enacted, by the Right Honourable the Lord Proprietary, by
and with the advice and Consent of this Lordship's Governor., and
the Upper and
Lower Houses of Assembly, and the Authority of the same, That
from and after
the Publication of this Act, any Ballast shall be taken, unladen, or
cast out
of any Ship, or other Vessel, on any Pretence whatsoever, within the
Limits
hereafter mentioned, but in the Day-Time, That is to say, Between
the Rising
and Setting of the Sun; or if any Ballast shall be unladen or taken
out
of any Ship or Vessel in the Bay of Chesapeak, above Cedar-Point,
below
the
Mouth of Patuxent River, in any River,, Creek, or Harbour, within
this
Province, and cast into the Bay above Cedar-Point aforesaid,
or into any River,
Creek, or Harbour, below High-water Mark, that the Master, or
other Person having the Charge or Command of such Ship or Vessel, shall
forfeit and pay the Sum of Fifty Pounds Current Money; one Half thereof
to the Lord Proprietary, for the Support of Government; the other Half
to
him or them who will sue for the same: To be recovered in any
Court od
Record within this Province, by Action of Debt, Bill, Plaint, or Information;
wherein no Essoin, Protection, or Wager of Law, to be allowed.
III. And be it
Enacted, by the Authority aforesaid, That no Person whatsoever,
shall presume to build any Wear or Hedged cross any River, Creek or
Branch, below any Public Landing Place. so as to Prejudice or Dam up
the
Channel, or to Obstruct the Passage of Boats, on Pain of forfeiting
Ten
Pounds Current Money of Maryland: to be recovered in the
proper County
Court, by Action of Debt, Bill, Plaint or Information, wherein no Essoin,
Protection, or Wager of Law, shall be allowed.
IV. And
to the End, that all Masters, and other Persons having the Command
or Charge of Ships or Vessels, may have due Notice of this Act,
and not pretend Ignorance; Be it Enacted,
by the Authority aforesaid,
that
every Naval-Officer within this province, shall set up and keep fixed,
in
some public Place in his Office, a Copy of this Act; (for which Copy
the
said Naval-Officers shall be allowed Ten Shillings in the Public Levy)
on
Pain of forfeiting Ten Pounds Current Money of Maryland; to
be recovered
as aforesaid, to the Uses aforesaid.,
V. And be it
further Enacted, That an Act, entitled, An Act for the
Preservation of the several Harbours within this Province, made
at an Assembly
held at Annapolis, the Fifth Day of December, in the
Year of our Lord One
Thousand Seven Hundred and Four, shall be, and is, by virtue of this
act,
repealed and abrogated.
VI. This Act to continue for Three years, and
until the end of the Session
of Assembly which shall next happen after the end of the said Three
Years.
This Act was farther continued by
1740,
ch. 8; and 1744, ch. 6; for 3 Years, &c. but by
1747,
ch. 13, is made PERPETUAL.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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