Chapter 231. for the government and control of the harbor of refuge at Sand Beach, Lake Huron, Michigan
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CHAP. 231.— An Act for the government and control of the harbor of refuge at Sand Beach, Lake Huron, Michigan.June 19, 1882. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Harbor of refuge.Sand Beach, Lake Huron, Midi.Secretary of War to have full control until completion of work. That from and after the passage of this act, and until the completion of the work of construction the Secretary of War is directed to assume full control over the harbor of refuge on Lake Huron at Sand Beach, Michigan, now in course of construction by the United States Government, and of the piers, breakwaters, docks, wharves, buildings, and other improvements made by the United States appertaining to said harbor of refuge, and to facilitate the use thereof, including the channels of and approaches to said harbor of refuge, so far as may be necessary to the protection and use of said harbor and the improvements aforesaid; and said Secretary of Regulations for preservation of work and improvements.War, for the purpose aforesaid, and for the preservation of said harbor in the interests of commerce, shall prescribe such regulations not inconsistent with the laws of the United States respecting the use of said harbor and its channels, and the approaches thereto, and respecting the use of the piers, breakwaters, dock’s, wharves, buildings, and other improvements of said harbor, made by the United States, as he shall deem needful to frilly protect and preserve the said harbor and its several channels and approaches, and the said piers, breakwaters, docks, wharves, buildings, and other improvements.
Such regulations shall be promulgated by publication thereof for ten days consecutively in one daily newspaper published in each of the cities of Detroit, Port Huron, Buffalo, Cleveland, and Chicago, and said regulations may be changed in like manner from time to time. He shall also cause four copies of such regulations to be kept posted in conspicuous places on said piers and breakwaters. Sec. 2. That the Secretary of War shall appoint, upon the recommendationCustodian to be appointed. of the engineer officer in charge of the work, a custodian of said harbor and the improvements aforesaid, whose duty it shall be toDuties. preserve and protect the same under the regulations made as aforesaid by the Secretary of War, and to enforce the observance of said regulations and to guard and preserve the property of the United States at said harbor of refuge.
Said custodian shall also have power to direct and regulate the stationing and anchoring of steam vessels and watercraft in said harbor, and the mooring thereof at the piers, breakwaters, docks, and wharves of said harbor, and the laying out and discharging of cargoes and ballast in said harbor, piers, breakwaters and docks; and it shall be the duty of said custodian to report to the United States District Attorney for the eastern district of Michigan all violations of this act, and of the said regulations prescribed by the Secretary of War; and said custodian shall receive such compensation, not exceeding oneCompensation. hundred and fifty dollars per mouth, as the Secretary of War may allow.
Sec. 3. That it shall be the duty of all persons using or navigating saidPenalties for violation of regulations. harbor, its channels and approaches, or using any of the piers, breakwaters, docks, wharves, or other improvements made by the United States, to observe the regulations prescribed by the Secretary of War as aforesaid; and any person who shall willfully or negligently strand or sink any steam-vessel, boat, or craft in said harbor, or in the channels or approaches, or who shall willfully obstructor oppose the custodian of said harbor in the enforcement of the regulations aforesaid, or who shall willfully or negligently, or by failure or neglect to observe the regulations prescribed by the Secretary of War for the use thereof, obstruct or impair said harbor, or cause any impediment, injury, tilling up, or shoaling therein, or shall deposit any earth, ashes, stone, ballast, or other substances in said harbor, channels or approaches tending to obstruct or impair the navigation thereof, or who shall willfully damage or injure the piers, breakwaters, wharves, docks,or other improvements of said harbor made by the United States, or who shall fail to obey and observe 108 any of said prescribed regulations, shall be liable to a penalty of not less than fifty dollars nor more than five hundred dollars, to be recovered by information or by action of debt in the District Court of the United States for the eastern district of Michigan, with costs of suit, and shall, in addition thereto, be liable to the United States, or to any person aggrieved by such obstructions, or injuries, or unlawful acts or omissions in a civil action for all damages occasioned thereby, or by any of said unlawful acts, to said United States or such aggrieved person.
And if such damage or injury to said harbor, channels, approaches, piers, breakwaters, docks, wharves, and other property of the United States in said harbor of refuge be committed by any steamer, vessel, or watercraft, or by the master or person in charge thereof, or if such master or other person in charge of such vessel shall willfully violate the regulations aforesaid, the aforesaid penalty of not less than fifty dollars nor more than five hundred dollars shall be incurred, and such vessel shall be liable for the penalty aforesaid, and may be proceeded against by way of libel for the recovery thereof in any court of the United States within whose jurisdiction such vessel may be found.
Sec. 4. That the Secretary of War may, in his discretion, purchase orSteam launch authorized for harbor duty. hire a steam launch or tug, to be stationed at and used about said harbor, under the direction of said custodian, tor the purpose of enforcing the provisions of this act; and such a sum as may be necessary, not Appropriation.exceeding ten thousand dollars, is hereby appropriated for the purchase or hire of said steam-launch; and the expense of running and maintaining said launch or tug and the salary of the custodian shall be paid out of the appropriation made for said harbor of refuge.
Sec. 5. That after the completion of said harbor by the United StatesTransfer of works and improvements to Secretary of Treasury. Government the control shall be transferred to the Secretary of the Treasury. Approved, June 19, 1882.