1890_PIERS_AND_WHARVES_ORDINANCE_2 — Page 4

1782

Proceedings on non-prevention of silting, &c.

Priority of use to Queen's ships.

Powers to make rules and regulations.

Penalty for breach of rules and regulations.

Proof of rules and regulations.

Governor in! Council may make rales and regulations in certain event.

A

ORDINANCE No. 4 of 1884.

Piers and Wharves.

12. In the event of the said CATCHICK PAUL CHATER his executors, administrators or assigns making default in complying with the provisions in the last preceding section relating to the prevention of silting, or the accumulation of mud, sand, or other matter around the wharves or piers, the Governor in Council, if satisfied after due enquiry made that the said CATCHICK PAUL CHATER his executors, administrators or assigns, bas or have been guilty of the alleged default, shall make an order to be served on the said CATCHICK PAUL CHATER his executors, administrators or assigns, limiting a time. for the performance of his or their duty in that behalf, and if such duty is not per- formed by the time limited by the order, the Governor in Council shall appoint some person or persons to perform the same, and shall by order direct, that the expenses of performing the same, together with a reasonable remuneration to the person or persons appointed for superintending such performance, and amounting to a sum to be specified in the order, together with the costs of proceedings (if any), shall be paid by the said CATCHICK PAUL CHATER kis executors, administrators or assigns, and any order made for the payment of such expenses and costs may be removed into the Supreme Court, and may be enforced in the same manner as if the same, were an order of such Court.

13. All vessels belonging to, or engaged in the service of Her Majesty's Govern- ment shall have priority of use of the wharves and piers at the ordinary current rates for mercantile vessels, without prejudice to the rights of other vessels actually using the wharves or piers.

14. It shall be lawful for the said CATCHICK PAUL CHATER his executors, admin- istrators or assigns, from time to time to make such rules and regulations, as may be necessary for the general management of his and their business. Provided always.. that no such rules and regulations, nor any repeal or variation thereof, shall come into force until the same shall have been approved by the Governor in Council, and shall have been published in the Gazette.

15. Save as otherwise is enacted herein every person who shall commit a breach of any of the rules and regulations made in pursuance of this Ordinance, shall, on sum- mary conviction thereof before a Magistrate, be liable to a fine not exceeding fifty dollars, 16. In all proceedings before any Court, the rules and regulations in force for the time being under this Ordinance, shall be sufficiently proved by the production of a copy of the Gazette in which the same shall be published and contained.

17. If the said CATCHICK PAUL CHATER his executors, administrators or assigns shall fail to make or vary such rules and regulations, as in the opinion of the Governor in Council are requisite for the protection of the rights of the inhabitants of the Colony, and for the prevention of injury to navigation, the Governor in Council shall make an order to be served upon the said CATCHICK PAUL CHATER his executors, administrators or assigns, limiting a time for the making or varying of such rules and regulations, and if such rules and regulations are not made or varied by the time. prescribed in such order, the Governor in Council may make or vary such rules and regulations, which when made or varied, and published in the Gazette, shall have the same force and effect as if they were specially enacted herein.