And whereas many Acts of Parliainent have been passed, intrusting the conservancy of ports, harbours, creeks, tidal waters and navigable rivers, to certain Commissioners and others; with large powers for that purpose: And whereas the aforesaid Acts of Parliament contain many inconsistent and contradictory powers and provisions, being framed at various times by many persons having interests at variance with the public welfare, so that many of them are totally inoperative for the purposes for which they were intended : 5 And whereas the public enjoy certain rights and privileges in and 10 over certain navigable lakes, and have from time immemorial used and navigated the same: And whereas the ports, harbours, creeks, tidal waters, and navigable lakes and rivers of the United Kingdom of Great Britain and Ireland have been much neglected or mismanaged, and many of them are fast 15 falling into decay, and, in several instances, will soon be filled up and rendered useless to the public: And whereas the prerogative of the Crown and the jurisdiction of the Lord High Admiral have thus, by Grants, Charters and Acts of Parliament, been superseded, to the great detriment of the public 20 service; and as it is necessary for the protection of the commerce and for the safety of this Kingdom, that all the ports, harbours, creeks, tidal waters, and navigable lakes and rivers, should be placed in the most efficient state and condition in which they are capable of being put, in order that all Her Majesty's ships, merchant-vessels, fishing- 25 boats, and all other vessels may be able to navigate them with facility, either for the purposes of commerce or for refuge, or for the defence of this Kingdom: And whereas those beneficial objects cannot be obtained but by one uniform power of management and supervision, controlling the 30 powers given to persons acting on many different systems, which will be best accomplished by a permanent " Board of Conservators," to be attached to, and to become part of, the civil department of the Lord High Admiral, or the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and 35 Ireland; BE it therefore Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, Appointment and by the Authority of the same, THAT it shall be lawful for 1. of Three Con servators and Legal Adviser. to appoint Three Three fit persons, with adequate salaries, to be Conservators to carry this Act into execution, One thereof to be an officer in Her Majesty's Navy, and another thereof to be an officer of Royal Engineers, and also to appoint a legal adviser to the said Conservators, being a 5 Barrister-at-Law, with an adequate salary, and also from time to time at pleasure to remove any of the Conservators, or the legal adviser for the time being, and upon every or any vacancy in the said number of Conservators, or in the office of legal adviser, by removal, death or otherwise, to appoint some other fit person or persons as 10 aforesaid to the said offices; and until such appointment, it shall be lawful for the surviving or continuing Conservators or Conservator to act as if no such vacancy had occurred. 15 25 2. officio Conservators. The style vators. of Conser Board, how formed. May consist of servators. Seven Con And be it Enacted, That the said Conservators shall be styled Four ex'The Board of Conservators of the Tidal Waters and Navigable Lakes and Rivers of Great Britain and Ireland," and which said Board of Conservators shall be attached to and become part of the civil department of the Lord High Admiral, or the said Commissioners for executing the office of Lord High Admiral; and the said Three Conservators, or Two or One of them, shall sit from time to time as it may be deemed 20 expedient as a Board of Conservators for carrying this Act into execution, either alone or together, with One of the Commissioners for the time being for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, the Hydrographer of the Admiralty for the time being, One of the Commissioners for the time being of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings, and One of the Committee of the Privy Council for affairs of Trade and Plantations, which said last-mentioned Four persons shall ex officio be Conservators, and the whole or any One of them may attend the said Board of Conservators when30 ever the Lord High Admiral, or the Commissioners for executing the office of Lord High Admiral, or the said Commissioners of Woods and Forests, or the said Committee of the Privy Council for affairs of Trade and Plantations may respectively think it will be for the benefit of the public service that one of their Board should attend; and whenever they do or shall attend, they shall have all the powers and authority of the said Three Conservators appointed as aforesaid, and shall become and form a part of the said Board of Conservators, whereof Two of the said Conservators shall be a quorum, one of them being one of the said permanently appointed Conservators under this Act; and the said ex officio Conservators shall have notice given to them of the days and time of meeting of the said Board of Conservators, and of the subjects to be discussed thereat: Provided always, That the said Conservators and the said legal adviser, by taking upon themselves respectively the duties of the aforesaid offices, 35 40 626. A 2 shall 3. Conservators shall not be disqualified from sitting and voting in Parliament, or thereby vacate the seat in Parliament which any such Conservator or legal adviser may then hold, any thing contained in the Act of Queen ANNE, or any other Act of Parliament, or any usage of Parliament to the contrary notwithstanding. And be it Enacted, That the said Conservators may, and they are hereby empowered to appoint a Secretary, a Solicitor or Attorney-atother Officers. law (when required), and such establishment of officers as may be 4. Salaries of the other Offi cers. Treasury may allow travel ling and other Expenses. Board of Conservators to submit an estimate of Expenses to the Lords of the Admi ralty, and when sanctioned by them, to forward the same to the Lords of the Treasury. 5. Such Salaries, out of the Consolidated 5 settled by the Lord High Admiral, or the Commissioners for executing 20 And be it Enacted, That the salaries of the Conservators, legal 15 adviser, and other officers to be appointed under this Act, shall be from time to time regulated by the Lord High Treasurer, or the Commissioners of Her Majesty's Treasury, or any Three of them: Provided always, That the salary of each of the first-mentioned Three Conservators shall not exceed the sum of One thousand Pounds a year, nor the salary of the legal adviser the sum of Pounds a year, and that the salaries of the other officers shall be in fit proportion: Provided also, That the said Lord High Treasurer or Commissioners may allow to any Conservator, legal adviser, or other officer, any such reasonable travelling and other expenses as 25 may be incurred by them or him in the performance of their or his duties under this Act, in addition to their or his salary respectively: Provided always, That the Board of Conservators shall submit an estimate of expenses to the Lord High Admiral, or to the Commissioners for executing the office of Lord High Admiral, and when sanctioned 30 by him or them, shall forward the same to the Lord High Treasurer or the Commissioners of Her Majesty's Treasury, and it shall form part of the Miscellaneous Estimates to be voted annually by Parliament. And be it Enacted, That the salaries, allowances, and travelling 35 &c. to be paid and other expenses of the Conservators, Legal Adviser, Secretary and other officers as aforesaid, and all other incidental expenses of carrying this Act into execution not herein otherwise provided for, shall be paid by the Lord High Treasurer, or the Commissioners of Her Majesty's Treasury. Fund. 6. Conservators, as to Conservancy of And be it Enacted, That with respect to the conservancy of any port, harbour, creek, tidal waters or navigable lakes or rivers, the said Board 40 5 Board of Conservators shall, for the purposes of this Act, have and exercise the same rights, powers and privileges which the Lord High Admiral had or did at any time possess, either at common law, by prescription, or under any Act of Parliament; and also shall have the same powers of inquiring respecting nuisances therein, and for the removal thereof. And be it Enacted, That the said Board of Conservators shall have and exercise the same powers and authority which any Commissioners or other persons, whether bodies corporate or not, having the 10 conservancy of any ports, harbours, creeks, tidal waters or navigable lakes or rivers, have and exercise under any Acts of Parliament or otherwise; and the said powers and authority are hereby vested in the said Board of Conservators to this extent and for this purpose, that if the said Commissioners or others as aforesaid shall within 15 their respective jurisdictions omit or neglect to do any of the duties. which by law they are liable to perform, the said Board of Conservators may order the same to be done and performed; and may direct the expenses thereof to be paid out of the dues respectively received under the said Acts of Parliament or otherwise. 20 And be it Enacted, That for the purpose of enforcing and carrying out this Act, the said Board of Convervators shall have full power and authority to make general and special orders, rules and regulations, under their seal, directed to any of the Commissioners, or other persons having the conservancy of any ports, harbours, 25 creeks, tidal waters and navigable lakes and rivers under the said Acts of Parliament, charters or otherwise; the said general and special orders, rules and regulations to be first sanctioned by the Lords of the Admiralty and the Commissioners of Woods and Forests, and by the Committee of the Privy Council for the affairs of Trade and Plantations; and if the said general or special orders, rules and regulations, should not be obeyed within a reasonable time by the persons to whom they shall be directed, then the said Board of Conservators may of their own motion employ persons to carry those general or special orders, rules and regulations into effect, and order expenses thereof to be paid out of the dues respectively received under the said Acts of Parliament, charters or otherwise, regard being had in the amount of the expenses to the amount of the dues ; and the said Commissioners or others, as aforesaid, are hereby required respectively to pay the amount of expenses so incurred as 40 aforesaid. 30 35 the And be it Enacted, That the said Conservators shall keep a record of their proceedings, and shall cause to be made a seal of and for the said Board, and shall cause to be sealed or stamped there with 626. A 3 all rules, Rules, &c., purporting to be sealed with such seal, to be received as evidence. 10. Appeal to the mittee. 11. Conservators to report to Parliament. 12. Power to summon and examine witnesses, and call for production of Papers, &c. on oath. 13. The Parliamentary Scale of expenses of Witnesses to be allowed. rules, orders and regulations made by the said Conservators in pursuance of this Act; and all such rules, orders and regulations, or copies thereof, purporting to be sealed or stamped with the seal of the said Board, shall be received as evidence of the same respectively, without any further proof thereof; and no such rule, order or regulation, or copy thereof, shall be valid or have any force or effect unless the same shall be so sealed or stamped as aforesaid. 5 And be it Enacted, That any parties or persons who may be aggrieved by any order, rule or regulation made by the said Board of Conservators under their seal, may, within Two Months from the 10 date thereof, appeal against the same to the Judicial Committee of Her Majesty's Privy Council, who may give such judgment thereon as they in their discretion may think fit. And be it Enacted, That the said Conservators shall present to both Houses of Parliament, on or before the Twenty-fifth of March 15 in each year, a general report of their proceedings to the Thirtyfirst day of the preceding year. And be it Enacted, That the said Conservators acting as such Board in London, or any One or more of the said Conservators acting at any place in the country, shall be and is or are hereby empowered 20 by summons under the seal of the Board of Conservators, to require the attendance of all persons whom he or they may think fit to call before him or them upon any question or matter connected with or relating to the better management, preservation or improvement of the ports, harbours, creeks, tidal waters, navigable lakes and rivers of 25 the United Kingdom of Great Britain and Ireland; and also to make any inquiries, and require any answers or returns to any such question or matter concerning the same; and also to administer an oath, and examine all such persons upon oath, and to require and enforce the production upon oath of deeds, charters, accounts, maps, plans, books 30 and other writings, or copies thereof respectively, in anywise relating to any such question or matter; or in lieu of requiring such oath as aforesaid, the said Conservators or Conservator may, if they or he think fit, require any person to make and subscribe a declaration of the truth of the matters respecting which he shall have been or shall 35 be so examined. And be it Enacted, That it shall be lawful for the said Conservators or Conservator, in any case where they or he shall see fit, to order and allow the expenses of witnesses, according to the Parliamentary scale of allowances to witnesses, and of or attending the production of 40 any books, maps, plans, agreements, accounts or writings, or copies thereof, to or before the said Conservators or Conservator, and that they |