Boating Part 39

20. _Continuing offences._--Any act or default in contravention of any of the said by-laws or of the provisions of this Act, which after due notice is repeated or continued, shall be a continuing offence under this Act.

PART IV.--PROCEDURE.

21. _Penalty for offence against the Act._--Any person convicted of an offence under this Act shall, where no other penalty is provided by this Act or any of the Acts mentioned in the First Schedule hereto, or by any by-law made thereunder respectively, be liable to a penalty not exceeding forty shillings.

22. _Penalty for continuing offence._--Any person convicted of an offence which is a continuing offence under this Act shall, where no greater penalty has been provided for such offence by any of the Acts mentioned in the First Schedule hereto, be liable to a penalty not exceeding five pounds.

23. _Jurisdiction of certain justices._--For the purposes of this Act, and of every by-law to be made by the Conservators thereunder, the jurisdiction of all justices of the peace for the counties of Surrey, Berkshire, Wiltshire, Gloucester, Oxford, Buckingham, and Middles.e.x, and of the magistrates for the city of Oxford, and of every other borough, the police jurisdiction of which extends to any place upon the River Thames within the limits aforesaid, and the jurisdiction, powers, and authority of the Proctors of the University of Oxford and the marshals and officers acting under them, and the power and authority of the Metropolitan Police, and of all police officers and constables acting for any of the said counties or boroughs, shall extend over the whole of the River Thames, and the towpaths, banks, and precincts thereof, within the limits aforesaid.

24. _As to place where offence committed._--For the purposes of any proceedings in respect of any offence under this Act, or under any of the Acts mentioned in the First Schedule hereto, every such offence shall be deemed to have been committed, and every cause of complaint in respect thereof shall be deemed to have arisen either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be.

25. _Bailiffs and servants of Conservators may be sworn in as police constables._--It shall be in the power and at the discretion of the Conservators to procure all or any of their water-bailiffs, river-keepers, lock-keepers, or other servants, to be sworn in as police constables for any of the counties or boroughs aforesaid, but they shall not be liable, without the consent of the Conservators, to be called upon to perform the duties of such police constables, except for the purposes of this Act or of the Acts mentioned in the First Schedule hereto.

26. _Proceedings for summary conviction._--Proceedings in relation to any offence or continuing offence under this Act or any of the Acts mentioned in the First Schedule hereto, or under any by-law already made or hereafter to be made by the Conservators, or for the recovery of any penalty under this Act or any of the said Acts mentioned in the First Schedule hereto, or any by-law made thereunder respectively, may be taken before a court of summary jurisdiction, according to the provisions of the Summary Jurisdiction Acts, and all such penalties, whether recovered summarily or otherwise, shall be paid to the Conservators, and shall form part of their funds.

27. _Moneys paid to the Conservators to be carried to the Conservancy Fund._--All moneys recovered or received by the Conservators or their secretary, or other officer under any of the provisions of this Act, shall be carried to the Conservancy Fund, and all moneys arising in respect of the Upper River, as defined by the Acts mentioned in the schedule hereto, shall be credited to the Upper Navigation Fund.

28. _Saving clause._--Saving always to the Queen's most Excellent Majesty, her heirs and successors, and to all and every other person or persons and body or bodies politic, corporate or collegiate, and his, her, or their heirs, successors, executors, and administrators, all such right, t.i.tle, estate, and interest, as they or any of them could or ought to have had or enjoyed of, in to or in respect of the river and the banks and towpaths thereof within the limits aforesaid in case this Act had not been pa.s.sed, excepting so far as relates to the said right of navigation and other rights expressly declared and provided for by this Act.

29. _Definitions._--In this Act the following terms have the several meanings hereby a.s.signed to them, unless there be something in the subject or context repugnant to such construction (that is to say):

The terms 'the River Thames' and 'the said river' shall for the purposes of this Act mean and include all and every part of the River Thames specified in section one, excepting the cuts, inlets, and channels specified in section two;

The term 'the Conservators' means the Conservators of the River Thames;

The term 'due notice' means a notice in writing given by the Conservators or any person duly authorised in writing by them to act in their behalf;

The words 'consent of the Conservators' shall mean permission in writing signed by the secretary of the Conservators;

The term 'by-law' includes rules, orders, and regulations;

The term 'person' includes corporation;

The term 'land' includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, and also an undivided share in land, and any rights over land whatsoever, whether appendant, appurtenant, or in gross;

The term 'precincts' includes any place within a hundred yards of the said river on either side thereof;

The term 'vessel' shall include any ship, lighter, barge, launch, house-boat, boat, randan, wherry, skiff, dingey, shallop, punt, canoe, raft, or other craft.

30. _Short t.i.tle._--This Act may be cited as 'The Thames Preservation Act, 1885.'

SCHEDULE I.

24 Geo. II. c. 8, 30 Geo. II. c. 21, 11 Geo. III. c. 45, 14 Geo.

III. c. 91, 15 Geo. III. c. 11, 17 Geo. III. c. 18, 28 Geo. III.

c. 51, 35 Geo. III. c. 106, 50 Geo. III. c. cciv., 52 Geo. III.

c. xlvi., 52 Geo. III. c. xlvii., 54 Geo. III. c. ccxxiii., 20 & 21 Vict. c. cxlvii. (the Thames Conservancy Act, 1857), 27 & 28 Vict. c. 113 (the Thames Conservancy Act, 1864), 29 & 30 Vict.

c. 89 (the Thames Navigation Act, 1866), 30 & 31 Vict. c. ci.

(the Thames Conservancy Act, 1867), 33 & 34 Vict. c. cxlix. (the Thames Navigation Act, 1870), 41 & 42 Vict. c. ccxvi. (the Thames Conservancy Act, 1878), 45 & 47 Vict. c. lxxix. (the Thames Act, 1883).

SCHEDULE II.

PURPOSES FOR WHICH BY-LAWS MAY BE MADE UNDER THE POWERS AND PROVISIONS OF THIS ACT.

1. For preventing offences against decency by persons using the River Thames, and the banks and towpaths thereof, or any land acquired by the Conservators under the provisions of this Act.

2. For preventing disorderly conduct, or the use of obscene, scandalous, or abusive language to the annoyance of persons using the said River Thames or the banks or towpaths thereof, or any land acquired by the Conservators under the provisions of this Act.

3. For preventing any nuisance to riparian residents or others by persons using the river.

4. For preventing trespa.s.ses upon any riparian dwelling-houses or the curtilages or gardens belonging thereto.

5. For regulating the navigation with a view to the safety and amenity of the said river in relation to the purposes of this Act.

6. For preventing injury to flowering and other plants, shrubs, vegetation, trees, woods and underwoods on or near the said river.

7. For preventing bird-catching, bird-nesting, bird-trapping, and the searching for, taking, or destruction of swans' and other birds' nests, eggs, or the young of any birds or other animals on or about the said river, saving all existing rights of fowling, shooting, hunting, and sporting.

8. For preserving the various notice-boards and other works and things set up by the Conservators or with their consent.

9. For preventing disturbance of the navigation provided for by this Act.

10. For registering and licensing boats or vessels, and for regulating the conditions of such licences, and the letting or hiring of boats, vessels, conveyances, horses or other animals, in connection with the purposes of this Act.

11. For imposing penalties for breaches of by-laws, subject to the provisions of this Act and of the Acts in the First Schedule mentioned.