Defendant served with nonbailable

common bail.

ledged and entered into the same, being lawfully convicted thereof, shall be liable to be imprisoned for any time not exceeding two years, with or without hard labor, at the discretion of the Court, and in addition to such imprisonment, if the Court shall so think fit, to be fined in such sum as the Court shall award.

XI. And be it enacted, That in all cases, where any defendant or defendants shall have been duly served with a copy of any nonbailable writ or process, he, she, or they, shall file process, to file common bail in such suit, on or before the return day thereof; and on failure of his, her or their filing such common bail, it shall and may be lawful to and for the said plaintiff or plaintiffs in such suit, upon affidavit being duly made and filed in the said Supreme Court, of the personal service of such writ or process, to file common bail for such defendant or defendants therein, at any time from and after the said return day of such writ or process; and thereupon the plaintiff or plaintiffs in such suit may file his, her, or their declaration with the clerk of the Court wherein such writ or process shall or may be returnable, and give or enter a rule for such defendant or defendants to plead thereto within the time allowed by the practice of the said Court.

Power of Court

or Judge in vacation on

application for

time to plead

one or more

special pleas.

XII. Provided nevertheless, and it is hereby enacted, That if the defendant or defendants in such suit shall, in term time, suggest to the Court, by motion, to be duly entered with the clerk, or in vacation, upon application for that purpose made to one of the Justices of the said Court, that it is necessary to the defence of him, her or them, in such action, to plead one or more special plea or pleas therein, [being such pleas as are allowable by law, and tending to bring in issue the real matter of right between the parties], that then, and in such case, it shall and may be lawful for the said Court or Justice to give such further time for such defendant or defendants to plead such special plea or pleas in, as to them may appear reasonable and just, under the particular circumstances of the case being duly made to appear to the said Court or Justice; and provided also, that in the vacation time of said Court, the plaintiff or plaintiffs in such suit shall be held and allowed to give or enter a rule for the defendant or defendants therein to plead according to the practice of the said Court.

CAP. XVIII.

An Act relating to harbor and ballast masters.

HEREAS it has become necessary to consolidate the Acts for preventing the unloading or throwing of stones, ballast, or other rubbish which will not float, into any

of the harbors, rivers or creeks in this Island, and in other respects to regulate and define the duties of harbor and ballast masters: Be it enacted, by the Lieutenant Governor, Council and Assembly, That from and after the passing of this Act, Recited Acts the several Acts hereinafter mentioned, that is to say: an Act repealed. made and passed in the thirteenth year of the reign of his Majesty King George the Third, intituled "An Act to prevent the throwing of ballast into rivers and creeks on this Island;" also, an Act made and passed in the forty-eighth year of the reign of his said Majesty King George the Third, intituled "An Act for repealing an Act intituled 'An Act to prevent the throwing of ballast into rivers and creeks on this Island,' and for the empowering the Governor, Lieutenant Governor or Commander-in-chief for the time being, to appoint ballast masters, and to regulate their duty;" also, an Act made and passed in the seventh year of the reign of his late Majesty King William the Fourth, intituled "An Act. for the appointment of harbor and ballast masters, and for more effectually preventing the throwing of ballast into harbors and navigable rivers;" and also an Act made and passed in the seventh year of the reign of her present Majesty, intituled "An Act to alter and amend an Act passed in the seventh year of the reign of his late Majesty King William the Fourth, intituled An Act for the appointment of harbor and ballast masters, and for more effectually preventing the throwing of ballast into harbors and navigable rivers,"" shall be, and the same are hereby respectively repealed.

Lt. Governor in Council to masters for cerappoint ballast tain enumer

ated harbors.

II. And be it enacted, That it shall and may be lawful to and for the Lieutenant Governor for the time being, by and with the advice of his Executive Council, from and after the passing of this Act, to nominate and appoint one fit and proper person to act as harbor and ballast master for each of the following harbors and rivers in this Island, viz: Charlottetown, Three Rivers, Richmond Bay, and such other harbors and rivers on this Island as they may think fit, and from time to time to fill up any vacancies occurring in such appointments, whensoever and so often as the same may occur: provided always, that all appointments made in respect thereof under any Act Proviso. or Acts of this Island prior to the passing of this Act, shall be, and are hereby confirmed, and no such appointment so made shall be superseded by virtue or construction of this Act.

masters for

III. And whereas it is necessary that harbor and ballast Commissioners masters should be appointed for the lesser harbors, navigable rivers and creeks in this Island: Be it therefore enacted, that it shall and may be lawful to and for the commissioners of highways for the time being, and they are hereby required, within their respective districts, to nominate and appoint har- tricts.

of highways to point harbor lesser harbors, respective dis&c., in their

bor and ballast masters for each harbor, navigable river or creek within their district; such harbor and ballast masters so to be appointed by the Commissioners of highways, shall be appointed at the time and in the same manner as overseers of statute labor, shall, for the time being, be appointed, and subject to the same fines, penalties and forfeitures for neglect of duty as shall be imposed on overseers of statute labor in and by the Act or Acts relating thereto in force for the time being; and all such harbor and ballast masters, when appointed, shall be exempt from performing statute labor and militia duty during the period they hold such appointments, any thing in any such Act or Acts relating to the performance of statute labor to the contrary, notwithstanding: provided always, that such appointment of harbour and ballast master by the Commissioners of highways may be superseded, at any time, by Lieut. Gover the Lieutenant Governor, or other Administrator of the Gonor may super-vernment for the time being, appointing a person to act as harbor and ballast master, for any harbor, river, or creek within this Island.

sede ballast masters.

Penalty on person appointed

bailast master not making known his disinclination to

serve.

to be sworn.

IV. And be it enac ed, That in case any person or persons so to be appointed by the Lieutenant Governor, as aforesaid, by virtue of this Act, shall refuse to accept the said office, any such person shall signify his refusal to the Clerk of Her Majesty's Council within twenty-one days next after he shall have been notified of such appointment, or, in default thereof, shall pay the sum of five pounds; and if any person or persons so to be appointed harbor and ballast masters by the Commissioners of highways, as aforesaid, shall refuse to accept the said office, such person shall signify his refusal to the Commissioner of highways within his district within ten days next after he shall have been notified of his appointment, or in default thereof, shall forfeit and pay the sum of three pounds; and any person, having accepted the office of harbor and ballast master, and who shall fail to do his duty, according to the true intent and meaning of this Act, shall forfeit and pay the sum of twenty pounds for each and every offence.

V. And be it enacted, That on the appointment of each Ballast masters and every harbor and ballast master according to the provisions of this Act, he shall, within ten days after receiving and accepting such appointment, and before he enters on the duties of his said office, take the following oath before one of Her Majesty's Justices of the Peace in this Island, that is to say:

Form of oath.

"IA. B. do swear, that I will well and truly perform the duty of harbor and ballast master for the district for which I am appointed, to the best of my skill and ability, and without favor, affection, or partiality, according to the directions of the Act of the General Assembly of this Island in such case madeand provided. So help me God."

VI. And be it enacted, That every harbor and ballast mas- Ballast masters ter shall, without delay, on the arrival of any ship or vessel to board vesin the port, harbor or district to which he shall be appointed, sels, &e. go on board of any such ship or vessel and inform the master, mate, owner, or person having charge or command thereof, of the provisions of this Act, and shall diligently attend to the discharging or delivery of all stones, gravel, or other ballast from on board the same, and shall not knowingly permit stones, gravel, or other ballast, or any part 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 at some convenient place or places for the improvement of wharfs, hards, or to where it will not obstruct navigation by being washed into the channel; and in case any master, owner, or other person having Ballast masters charge as aforesaid, shall offend against any of the provisions to prosecute for of this Act, the said harbor and ballast master shall, and he penalties impois hereby required and commanded, without delay, to prosecute for the forfeiture, fine or penalty imposed on any such offence according to this Act: provided always, that nothing Proviso. herein contained shall prevent, or be construed to prevent, any master, mate, owner, or other person having charge or command of any ship or vessel, from disposing of any ballast, stones, gravel, or other rubbish, and landing the same above high water mark.

sed by this Act.

unload ballast

into any harbor, river, &c..

VII. And be it enacted, That no master, mate, owner or Master of vesother person belonging to, or having charge or command of sel, &c. not to any ship, vessel, lighter or boat, shall unload, discharge, or throw overboard, or from any ship, vessel, lighter, or boat cast or let fall stones, gravel, ballast, or other rubbish, which will not float, into any of the harbors, ports, havens, rivers, channels, or creeks in this Island, nor within one league of the bars, headlands, or points which bound the entrances to any of the harbors, ports, rivers, or creeks of this Island, but shall carry and land, above high water mark, all stones, bal- Ballast, where last, or other rubbish which will not float, or into such other to be landed, place, wharf, hard, or ballast bank, as the harbor and ballast &c. master of such harbour, port, or district shall appoint and direct.

sel, &c. infrinsions of this Act, &c.

ging the provi

VIII. And be it enacted, That if any master, owner, or Penalties on other person having charge of or belonging to any ship, vessel, master of veslighter or boat, shall unload or discharge stones, gravel, or other ballast, contrary to the true intent and meaning of this Act, or permit any person on board such ship, vessel, lighter or boat, to unload, discharge or throw overboard stones, gravel, or other ballast, contrary to the true intent and meaning of this Act, or permit any person on board such ship, vessel, lighter or boat to unload, discharge, or throw overboard,

Recovery and appropriation of penalties.

Remuneration

ter.

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 exceeding five pounds, which forfeitures, fines and penalties shall be recovered and applied in way and manner hereinafter prescribed and directed.

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 cortain vessels from attendance and fees of ballast master, 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 belonging 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 &c. contrary to foreign, coasting, fishing, or any other trade or business whatever, shall throw overboard, cast, or let fall rubbish, or any

board rubbish,

this Act, &c.