Section 57 Unserviceable vessels to be altogether removed from harbour.C10C1C2C3C4C5C6C7C8C9
No vessel which shall be laid by or neglected as unfit for sea service shall be permitted to lie within the limits of the harbour, dock, or pier, but the harbour master may cause every such vessel to be, at the expence of the owner thereof, removed from the harbour, dock, or pier, and laid on any part of the strand or sea shore, or other place where the same may, without injury to any person, be placed; and the charges of removing or placing such vessel may be recovered from the owner of such vessel by summary complaint, in England or Ireland before any justice of the peace, and in Scotland before the sheriff; and in case of refusal or neglect of payment of such charges for the space of seven days after having been awarded by such justice or sheriff, the harbour master may levy such charges by distress and sale or F1poindingarrestment and sale of such vessel, or of the tackle, apparel, or furniture thereof, or any part thereof, and the justice or sheriff shall issue his warrant accordingly.
Annotations
Textual amendments
- F1
Word “arrestment” substituted (S.) by Debtors (Scotland) Act 1987 (c. 18, SIF 45:2), s. 108(1)(2), Sch. 6 para. 4, Sch. 7 paras. 5, 9(1)
Modifications
- C1
Ss. 54-58 incorporated (with modifications) (S.) (5.6.2014) by The Pennan Harbour Revision Order 2014 (S.S.I. 2014/158), arts. 1(1), 3(2)-(5)
- C2
Ss. 54-57 incorporated in part (with modifications) (S.) (19.8.2014) by The Port of Ardersier Harbour Revision Order 2014 (S.S.I. 2014/224), arts. 1(1), 3 (with arts. 31, 32, 34)
- C3
Ss. 54-59 incorporated (with modifications) (S.) (18.3.2016) by The Lochboisdale and Gasay Port (Harbour Empowerment) Order 2016 (S.S.I. 2016/156), arts. 1, 3 (with arts. 31, 32)
- C4
Ss. 54-58 incorporated (with modifications) (S.) (26.11.2016) by The Gardenstown Harbour Revision Order 2016 (S.S.I. 2016/396), arts. 1(1), 3(2)-(5)
- C5
S. 57 incorporated (with modifications) (S.) (8.6.2018) by The Dumfries and Galloway Council (Kirkcudbright) Harbour Revision Order 2018 (S.S.I. 2018/188), arts. 1, 3 (with arts. 14, 35(3), 38, 39, 40, 41)
- C6
Ss. 55-58 incorporated (with modifications) (S.) (4.3.2021) by The Eyemouth Harbour Revision Order 2021 (S.S.I. 2021/118), arts. 1(1), 3(2)-(5) (with arts. 36, 37)
- C7
S. 57 incorporated (with modifications) (S.) (7.11.2024) by The Dumfries and Galloway Council (Stranraer) Harbour Revision Order 2024 (S.S.I. 2024/325), arts. 1, 3(2)-(5) (with arts. 42-44)
- C8
S. 57 restricted (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), art. 1, Sch. 14 para. 15(2) (with arts. 48, 59, Sch. 14)
- C9
Ss. 56-58 incorporated (with modifications) (S.) (12.3.2025) by The St. Andrews Harbour Revision Order 2025 (S.S.I. 2025/64), arts. 1(1), 14 (with arts. 28, 29)
- C10
S. 57 (as incorporated with any local or special Act) extended by S.R. & O. 1938/136 (Rev. I, p. 1329: 1938 I p. 72), art. 3 and S.I. 1972/971, art. 8(2)(a)