Section 8. All acts, orders or directions by this Act au- Powers of Conservator thorizod to be done or given by

18. All acts, orders or directions by this Act au- Powers of Conservator thorizod to be done or given by any Conservator may, , ?, be exersubject to his control, be done or given by any Har- cised b y ~ a r - bour-Master or any Assistant of such Conservator or bOur-Master. Harbour-Master, Conservator , ?, be exer- , subject to his control, be done or given by any Har- cised b y ~ a r - and any person hcreby authorized to do a,ny act may call to his aid such assistance as may be necessary. `19.` The Government shall hot bc answerable for Indenlllity to any act or default of any Master Attendant, HarbourMaster, or other Conservator of any port subject to defmlt of this Act ; or of any Pilot; or of any Deputy or Assist- E;k;?ica ant of any of the officers above-mentioned ; or of any person acting under the authority or direction of any such officer or Assistant, done vithin the limits of such port ; any act or default of any Master Attendant, Harbour- ~ ~ ~ ~ Y ' e n t Proviso. Injuring buoys, &c. Wilf~illy loosening vessel from moorings. Improperly discharging ballast. &%cli&n PO?*~S. [ ACT XI1 nor for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers, or other things belonging to Government, within the said limits, which may be used by such vcssel : Provided that nothing in this section shall protect the Secretary of State for Tndia in Council from a suit in respect of any act done by or under the express order or sanction of Government. Power to re- 11. The Conservator may remove, or cause to be movefloating removed, any timber, or obstruction, raft, or other timber, &c., or obstruc. thing floating or being in any part of any such port, tion on shore which obstructs or impedes the free navigation therewithinlimits of; or anything which obstructs or impedes the of port. lawful use of any pier, jetty, landing-place, wharf, quay, dock, mooring, or other woi;lr, on any part of the shore or bank which has been declared to be within the limits of such port, and is not private property ; and the owner of any such timber or raft or other thing shall be liable to pay the reasonable expenses of such removal ; Expenses of reuloval. and if such owner or any other person has without lawful excuse caused any such obstruction. or impediment, or causes any public nuisance affecting or likely to affect such navigation, he shall also be punished with fine which may extend to one liunclred rupees. Penalties for causing obstruction or public nuisance. And 1845.1 Iadim Ports. And the Conservator or any Magistrate having jurisdiction over the offence may cause such nuisance to be abated. 1.2. If the owner of any such timber or raft, or Recovery of the person who has caused any such obstructiou, ~~~$~~ Of impediment, or public nuisance as is mentioned in section eleven, neglects to pay the expense of the removal thereof, within one week after demand, or within fourteen days after such removal has been notified in the official Gazette or in such other manner as the Local Government by general or special order directs, such expenses may be recovcrcd in the same manner as any fine under this Act; 1 i 1 1 1 1 and the Conservator may cause such timber, raft, power to sell or other thing, or the materials of any nuisance or fi~be+7 &os obstlwction so removed, or so much thereof as may be necessary, to be sold by public auction ; and may retain all the expenses of such removal Proceeds how and sale out of the proceeds of such sale ; and shall "a't pay the surplus of such proceeds, or deliver so much of the said timber or other materials `as` may remain unsold, to the person entitled to receive the same ; and, if no such person appear, shall cause the same to be kept and deposited in such manner as the Local Government directs ; `I` i `E` I 1 1 ' i and may, if necessary, from time to time, realize the expenses of keeping the same, together ~ 4 t h the expenses of such sale, by a further sale of so much of theusaid timber or other materials as may remain unsold. the 13. If any obstruction or impediment to the Removal of ~ navigation of any part subject to this Act has been lawfully made, or has become lawful by reason of made. the long covitinuance of such obstruction or impediment, or otherwise, the Conservaitor shall report the same for the information of the Local Government, and shall, with the sanction of such Government, cause the same to be removed or altered, making to the person suffering damage by such removal or alteration reasonable coi~ipensation for the same. ~ ! Every 1 3 Com~ensaEvery. dispute arising concerning such compensation how do- tion, shall be determined according to the law relattermiued. ing to like disputes in the case of land required for public purposes. Notice to 14. If any vessel hook or get foul `df` any of the COuif vesel fouls if vesel fouls if vesel fouls s ervatol'~ buoys or moorings laid down by or by the authority Goveyurneut of the Local Government in any such port, the moorings+ Master of such vessel shall not, nor shall any other person, except in the case of emergency, lift such buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the Conservator, Notice to COuif vesel fouls if vesel fouls if vesel fouls s ervatol'~ Goveyurneut moorings+ COuif vesel fouls if vesel fouls if vesel fouls s ervatol'~ buoys or moorings laid down by or by the authority and the Conservator, immediately on receiving notice of such accident, shall assist and superintend the clearing of such vessel ; Expense of and the Master of such vessel shall, upon demand, cleariug ms- pay such reasond~lc expense as may be incurred in sel. clearing the same. Expense of cleariug mssel. Any Master offending against the provisions of this scction shall, for every such offence, be punished with fine which may extend to one hundred rupees. 15. If any vessel be wrecked, stranded or sunk wreck, in any such port, so as to impede, or be likely to impedl a v i a[impede, the navigation thereof, the Conservator may ] cause the same to be raised, removed or destroved " : , Penalty. Power to raise wreck, &c,, impedl a v i a tiou eithln the port. and may recover the same on behalf of the Local Government in the manner provided by section fortyfour. Expense how reoovclsable. Government in the manner provided by section forty- 16. The Conservator or any of his Assistants may, whenever lie suspects that any offence has been, or is about to be, committed contrary to this Act, or whenever it is necessary for him so to do in the discharge of any duty hereby imposed upon hiin ; Pomer to board vessels, may, whenever lie suspects that any offence has been, and the Collector of Customs, or other officer appointed to collect any port-clues or other cliarges payable in respect of any vessel under this Act, may, whenever it is necessayy so to do, for the performance of any duty llcreby irnposed upon sucll Collector or other officer, either eithor alone or with any othcr person, board any vessol, or enter any building or place, within the limits of any'port subject to this Act. I f the Master of such vessel, or if any person in possession or occupation of any such building or place, without lawful excuse refuse to allow any officer or other person to board or enter such vessel, building or place for the performance of any duty imposed upon him by this Act, he shall for every such offence be punished with fine which may extend to two hundred rupees. 17. For the purpose of preventing or extinguish- Power to ing fire in any port subject to this Act, the Consemator may require the Master of any ship within the extinguish port to place at his disposal such number as he re- fire. quires, not exceeding three-fourths, of the crew then under the orders of such Master. ing fire in any port subject to this Act, the Consema- ;~q;:;;z;;; Any Master refusing or neglecting to comply with such requisition shall be punished with a fine which may extend to five hundred rupees, and any seaman then under his orders who, after being directed by the Master to obey the Conservator's orders for the purpose aforesaid, refuses to obey such orders shall be punished with fine which may extend to twenty-five rupees.