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Post by NigelMoore on Jul 2, 2018 15:45:21 GMT
Being strictly lawful, you can ask them to leave, if they refuse, you can use reasonable force to remove them. Merchant Shipping Act 1995 - 104 Unauthorised presence on board ship.
Where a United Kingdom ship or a ship registered in any other country is in a port in the United Kingdom and a person who is neither in Her Majesty’s service nor authorised by law to do so—
(a) goes on board the ship without the consent of the master or of any other persons authorised to give it; or
(b) remains on board the ship after being requested to leave by the master, a constable, an officer authorised by the Secretary of State or an officer of customs and excise, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
105 Master’s power of arrest.
The master of any United Kingdom ship may cause any person on board the ship to be put under restraint if and for so long as it appears to him necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the ship.
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Post by Deleted on Jul 2, 2018 16:45:48 GMT
Being strictly lawful, you can ask them to leave, if they refuse, you can use reasonable force to remove them. Merchant Shipping Act 1995 - 104 Unauthorised presence on board ship.
Where a United Kingdom ship or a ship registered in any other country is in a port in the United Kingdom and a person who is neither in Her Majesty’s service nor authorised by law to do so—
(a) goes on board the ship without the consent of the master or of any other persons authorised to give it; or
(b) remains on board the ship after being requested to leave by the master, a constable, an officer authorised by the Secretary of State or an officer of customs and excise, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
105 Master’s power of arrest.
The master of any United Kingdom ship may cause any person on board the ship to be put under restraint if and for so long as it appears to him necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the ship.
Whilst I agree she was out of order, I don’t think an inland canal vessel will count as a ‘ship’ in the naval law sense. Maybe ‘trespass’ law applies....?
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Post by Deleted on Jul 2, 2018 16:54:52 GMT
From Wiki (if you believe it)...
“Trespass to goods is defined as "wrongful physical interference with goods that are in the possession of another",[5] and is covered not only by the common law, but also by the Torts (Interference with Goods) Act 1977. The "trespass" can be as little as touching or moving the goods, given the right circumstances. It is unknown whether intention is required for a claim under trespass to goods, as the matter has never gone to court; the courts have confirmed that for damages to be awarded for harm suffered, the harm must have been reasonably foreseeable.” ;-)
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Post by naughtyfox on Jul 2, 2018 17:01:54 GMT
Most of it is about noise and smoke, and I can sympathise because I like neither. You'll like me as a neighbour, then! Any spare moorings at Fazely Mill??!!
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Post by Deleted on Jul 2, 2018 17:49:39 GMT
Being strictly lawful, you can ask them to leave, if they refuse, you can use reasonable force to remove them. Merchant Shipping Act 1995 - 104 Unauthorised presence on board ship.
Where a United Kingdom ship or a ship registered in any other country is in a port in the United Kingdom and a person who is neither in Her Majesty’s service nor authorised by law to do so—
(a) goes on board the ship without the consent of the master or of any other persons authorised to give it; or
(b) remains on board the ship after being requested to leave by the master, a constable, an officer authorised by the Secretary of State or an officer of customs and excise, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
105 Master’s power of arrest.
The master of any United Kingdom ship may cause any person on board the ship to be put under restraint if and for so long as it appears to him necessary or expedient in the interest of safety or for the preservation of good order or discipline on board the ship.
Large cable ties should always be kept aboard the ship
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Post by Deleted on Jul 2, 2018 17:54:57 GMT
Years ago I was moored between winkwell swing bridge and the next lock going up. On visitor mooring. Two boats mine and my mum's both blatantly lived on with (sociable) lurchers. A woman from a nearby house came and asked "when are you going?" I said "probably tomorrow" the woman looked annoyed then I observed later that there was what appeared to be an estate agent showing people round. I guess she thought our hippy boats covered in flowers were a problem. I just sincerely hope itinerant boaters don't end up with the same sort of hate travellers get. Tarred with the same brush etc. It could go that way and that would be shame. Any better in Southall? I've never stopped in Southall. I always make an effort to get away from there. In the last instance last week it was a run down to Brentford through the wonderful Hanwell flight Southall is a shithole. It does however have part of the Grand Union cut through there and the GU is a truly stunning bit of work, blood sweat and tears. Amazing.
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Post by Mr Stabby on Jul 2, 2018 18:04:03 GMT
I shall make a point of stopping there and firing up my 5.5Kw Honda frame generator which makes such a racket that we have named it "Hiroshima".
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Post by Deleted on Jul 2, 2018 18:05:16 GMT
Unbelievable this place. I've now just had a bloke come out and accuse me dog of shitting on his garden path. Firstly, if my dog had shit that pile, he'd be at the vets, it's only a fuckin Shi Tzu, this pile of shit would have killed him. These people are fuckin head cases.
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Post by NigelMoore on Jul 2, 2018 18:09:03 GMT
Whilst I agree she was out of order, I don’t think an inland canal vessel will count as a ‘ship’ in the naval law sense. Maybe ‘trespass’ law applies....? In one of my earlier cases –[ Moore v Robinson, 1831 ] - I established that even an employee of a company that owned a bare-bones narrowboat on an inland waterway (Aire & Calder), could rely on legislation respecting the powers of the master of a “ship”. It did not matter, in the opinion of the court, that the fly-boat was incapable of trans-ocean voyages; it fell within the definition of “ship” for the purpose of bringing any action for trespass against that narrowboat. The argument against defining a mere narrowboat on an inland canal as a ship, was presented by Counsel for the defendant (as to the inapplicability of Pitts v Gaince – that the master of a ship might bring trespass) to the effect that, in that cited case, “ Lord Holt was speaking of the master of a ship, laden, and ready to sail for Dantzick. It may be necessary that the master of a vessel navigating to foreign parts should have such full powers and authority as may confer on him a possessory interest therein. But that is not so in the case of a mere boat plying on a canal.” Judgment – “ The plaintiff was intrusted with the management of the vessel, and had a person under him. The cases are not distinguishable.” So for 185 years, narrowboats navigating inland canals have been classifiable as “ships” for the purposes of relevant legislation. One needs also look at the relevant definitions in the Merchant Shipping Act 1995 - there are differing definitions for "UK ships" under the SAFETY provisions [as well as for the pollution provisions]. Any vessel owned by a UK citizen will qualify, even though not an officially UK registered ship.
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Post by Deleted on Jul 2, 2018 18:12:59 GMT
Goodness me Nigel I worked out you were fairly old and maybe "just getting into your stride" but you look very good for someone more than 205 years old !!
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Post by NigelMoore on Jul 2, 2018 18:14:06 GMT
Large cable ties should always be kept aboard the ship Joking aside, I have gone prepared with exactly those [and a copy of the MSA 1995] before now [additional to the phone number of the Thames maritime police]. As it happened, the prospective detainees had jumped ship before I got there, but it is always good to be prepared, and no boat of mine is without them.
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Post by NigelMoore on Jul 2, 2018 18:15:55 GMT
Goodness me Nigel I worked out you were fairly old and maybe "just getting into your stride" but you look very good for someone more than 205 years old !! That's very kind; certain people never seem to tire of informing me that I look far older!
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Post by Deleted on Jul 2, 2018 18:18:22 GMT
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Post by Deleted on Jul 2, 2018 18:18:44 GMT
Unbelievable this place. I've now just had a bloke come out and accuse me dog of shitting on his garden path. Firstly, if my dog had shit that pile, he'd be at the vets, it's only a fuckin Shi Tzu, this pile of shit would have killed him. These people are fuckin head cases. Reminds me of the use of lions poo as a deterrent to stop cats shitting in your garden...
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Post by Deleted on Jul 2, 2018 18:20:40 GMT
Unbelievable this place. I've now just had a bloke come out and accuse me dog of shitting on his garden path. Firstly, if my dog had shit that pile, he'd be at the vets, it's only a fuckin Shi Tzu, this pile of shit would have killed him. These people are fuckin head cases. Time for some loud (but not asbo loud) drum and bass then? 🔊🔊🔊🔊🔊🔊🔊🔊👍
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