1282 APPENDIX TO BRITISH CASE. 



5. On the non-payment by the master, or any person having charge 

 of, or any owner or, any ship or vessel, of any rate or duty payable 

 or incurred under this Act, such rate or duty shall and may be sued 

 for and recovered in a summary manner, in the name of the Minister 

 of Finance and Customs or other person authorised to receive the 

 same, before a Stipendiary Magistrate or two Justices of the Peace 

 within the district where the Customs' officer or other person so 

 authorized may reside, together with all costs incurred, and shall be 

 levied by warrant and distress of such Magistrate or Justices on the 

 goods and chattels of the owner, or of the master or other person in 

 charge of the respective ship or vessel, on account of which the said 

 rate or duties shall respectively be payable. 



6. Neither the Minister of Finance and Customs nor any officer of 

 Customs shall admit to entry or clearance any ship or vessel subject 

 and liable to the payment of any rates or duties, until the said rates 

 and duties shall be paid to the person authorized to receive the same. 



7. All tonnage dues upon foreign vessels shall be assimilated to 

 and in conformity with the tonnage dues of British vessels; and such 

 foreign vessels shall be measured according to rules specified in an 

 Act of the Imperial Parliament, passed in the fifty-seventh and fifty- 

 eighth years of the reign of Her present Majesty, known as the " Mer- 

 chant Shipping Act, 1894." 



8. When there is an increase of tonnage dues arising from such 

 measurement, the expense of the measuring surveyor shall be borne 

 by the Government of the colony, but when otherwise, by the owner 

 or master of such vessel. 



9. Any officer duly authorized by law to collect rates or dues under 

 this Act may go on board any vessel, being within three miles of any 

 part of the coasts of this colony, and stay on board while she remains 

 in port or within such distance, and may, in addition to the powers 

 and procedure prescribed in section 5 of this Act, bring into port and 

 detain such vessel until payment or satisfaction of all light dues by 

 law recoverable. 



10. No building or erection shall be built or placed in such posi- 

 tion as to obstruct or interfere in any manner whatever with the light 

 exhibited in any lighthouse or beacon, or with the leading lights 

 exhibited as guides to vessels entering the harbour of St. John's. 



11. Any person acting in contravention of the provisions of the 

 preceding section shall be liable to a penalty not exceeding forty 

 dollars, to be recovered in a summary manner by the order and adju- 

 dication of a Justice of the Peace ; and such penalty, with costs, may 

 be levied by distress and sale of the goods and chattels of the offender 

 by warrant under the hand of such justice, or the said offender may 

 be committed to prison for a period not exceeding three months. 



12. Any building or erection, contrary to the provisions of this Act, 

 may be immediately removed by the Minister of Marine and Fisher- 

 ies, and he may recover the cost of such removal, with costs of suit. 

 in a summary suit for the same before any justice of the peace from 

 any person so building or erecting such building or erection. 



13. For the purpose of ascertaining the damage which may be occa- 

 sioned to any person whose interests in any lands, houses, buildings, 

 or other property, may be affected by carrying out or enforcing the 

 provisions of this Act and providing compensation therefor, the same 

 proceedings and remedies shall be had as are prescribed by section 



