APPENDIX. THE EARLY HISTORY OF BOAT RACING AT THE UNIVERSITIES. [23] |
[23] Reprinted from Land and Water of December 17, 1881. The history of early college boat racing is not strictly that of the University boat race itself, but it is closely wound up with it, and it was, moreover, the origin of that aquatic rivalry between the two Universities which led to the first match of 1829. Oxford had inaugurated eight-oared rowing; that introduced inter-college bumping races. Cambridge followed suit and established similar races, and hence arose the constant study of aquatics which produced the first match. For these reasons, we think that the history here given will be read with interest by all University oarsmen, the more so because it, to the best of our knowledge, has never before appeared in print. No official record of their early races has been preserved; the oldest boating record in Oxford is the Brasenose Club Book, dating 1837. That of the O.U.B.C. commences with its establishment, 1839. The ‘Charts’ of the boat races from 1837, published by Messrs. Spiers & Sons, and which were not invented till after the year 1850, obtain the retrospective racing, prior to the time when they first appeared, from the MS. records of the B.N.C. book, the contents of which were communicated to the publishers by the late Rev. T. Codrington. But prior to 1837 all is blank. For the lost history here unearthed we are indebted to the reminiscences and diaries of oarsmen of those days still in the land of the living. Oxford started college boat racing before Cambridge. It does not seem quite clear as to when bumping races actually commenced. Two or three colleges had boat clubs and manned eight oars, and at first it seems to have been the practice for out-college men to join the club and crew of colleges to which they did not belong. The eight oars seem to have been in the habit of going down to Sandford or Nuneham to dine, and of rowing home in company. From Iffley to Oxford they were inclined to race to see who could be home first. They could not race abreast, so they rowed in Indian file, and those behind jealously tried to overtake the leaders. Hence began the idea of starting in a fixed order out of Iffley Lock, of racing in procession, and of an overtaken boat giving place to its victor on the next night of procession. In 1822, at all events, there were bumping races. Christ Church seems to have been head. There was a disputed bump between B.N.C. and Jesus, and some violence seems to have occurred, B.N.C. trying to haul down the Jesus flag, and the Jesus men defending their colours. The dispute was finally closed by Post of B.N.C. saying, ‘These cries of “Jesus” and “B.N.C.” remind me of the old saying:— Different people are of different opinions; Some like leeks, some like onions.’
(The oars of Jesus were decorated with leeks.) The quarrel was made up, and the crews went together to Nuneham in their racing boats. Unfortunately Musgrave, one of the party, fell overboard and was drowned during the festivities. In 1823 there were no eight-oared races, the sad accident of the year before having cast a gloom over the pursuit. But several boats were manned. Christ Church refused to put on a boat in consequence of Stephen Davis, the boat-builder, rowing in the B.N.C. eight, and Isaac King (who eventually took Davis’s business) in the Jesus boat. Some strong feeling was displayed on this point. When the B.N.C. boat came up the river, the Christ Church men used to run alongside of it for many nights shouting, ‘No hired watermen.’ After this year no watermen rowed in the college crews. Exeter had a boat afloat that year, built by Hall of Oxford. She was called the ‘Buccleuch’ in honour Of the Duke of that ilk. Among the Exeter men was one Moresby, who was a relative of a naval captain of that name, and through his advice Exeter ordered an eight-oar of Little, of Plymouth. She was finished in time to be put on in 1824, and became famous as the ‘Exeter white boat.’ Stephen Davis was sent with a carriage constructed for the purpose, to meet the boat at Portsmouth, whither she was brought by sea. As this boat was built of deal, a raft was provided to receive her—the first use of a raft for this purpose at Oxford. The oars sent with the boat were such as are used at sea, and made of ash. They were discarded in favour of ordinary oars, such as those already in use for fresh-water rowing. She was found to be too high out of the water, so Isaac King cut her down one streak. The boat, as depicted in Turner’s water-colour drawing of her, was taken when she was afloat and unmanned; her crew were painted in her afterwards; consequently she rides too high out of the water. The boats on the river in 1824 were, at the beginning of the season, Christ Church 1, B.N.C. 2, Exeter 3. Exeter bumped B.N.C. under the willows on the first night; the next night of racing Christ Church took off, and Exeter became head by the other’s default. The races were renewed another day, and B.N.C. bumped Christ Church. This was the last year in which the boats started out for Iffley Lock. The racing has hitherto been conducted on this principle; the start between the boats were just so much as the dexterity of the stroke could obtain. He, the stroke, stood on the bow thwart, and ran down the row of thwarts; pushing the boat along with his shoulder against the lock gates, he reached his own thwart, by which time the impetus had shot the boat clear of the lock, he dropped on to his own seat, and began to row. The oarsmen had their oars ‘tossed’ meantime. The boat next in order then followed the same process, and so on. The boats lay in Échelon while waiting for the start. Bulteel, who was stroke of B.N.C. in the disputed race of 1822 (above mentioned), and who afterwards was elected Fellow of Exeter in 1823, was especially skilful at this. The Exeter crew of 1824 were: Wareing, Dick, Parr, Dowglass, J. C. Clutterbuck, Cole, R. Pocklington (father of D. Pocklington, stroke of Oxford in 1864), Bulteel (stroke), S. Pocklington (cox.) The Rev. J. C. Clutterbuck, now rector of Long Wittenham, near Abingdon, is well known as a conservator of the Thames, to whom the Universities and rowing men are much indebted for the clauses in the Conservancy Acts which give that body powers to clear the river for boat racing. The names of the other two crews of 1824 have not come fully to posterity, but among B.N.C. are Meredith, North and Karle (stroke); and in the Christ Church crew were Hussey, Baring and Smyth (stroke).In 1825 the boats started in line along the bank, each having its umpire to regulate the distance between it and its neighbours (one length). The boats at starting were Exeter, Christ Church Worcester, Balliol (in this order). Exeter had discarded their old love, and had got a ‘black boat,’ larger than the old ‘white boat,’ but not so fast, according to later experiments. However, they elected to row in her at first, and Christ Church bumped them, also Worcester on a subsequent night. Later on Exeter rebumped Worcester, and at the close of the racing the order was: Christ Church, Exeter, Worcester, Balliol. Smyth was again stroke of Christ Church, and R. Pocklington stroke of Exeter, in which Messrs. Clutterbuck, Parr, Dowglass, Cole, and Wareing rowed again, with Messrs. Harndon and Day as recruits. The term ‘Torpid’ seems to have arisen about this date, and to have been applied to the ‘second’ boats of colleges, such as Christ Church, who launched a second boat in 1826. Later on the ‘Torpids’ took to racing among themselves as a separate class, and under distinct qualifications. In 1826 the following rules were drawn up for the boat-racing, and we give them verbatim:— Rule 186.—Resolved (1) That racing do commence on Monday, May 1. (2) That the days for racing be Monday and Friday in each week, and that if any boat does not come out on those days its flag do go to the bottom. (3) That no out-college crews be allowed to row in any boat, except in cases of illness or other unavoidable absence, and then that the cause of such absence be signified to the strokes of the other boats. (4) That the boats below the one that bumps stop racing, and those above continue it. (5) That there be a distance of fifty feet between each boat at starting. (6) That the boats start by pistol shot. (7) That umpires be appointed by each college to see each boat in its proper position before starting, and to decide any accidental dispute. H. Saunders, Ch. Ch. | Henry Towers, Ch. Ch. | H. Moresby, Ex. Coll. | T. North, B. N. Coll. | E. A. Hughes, Jes. Coll. | H. Roberts, Ball. Coll. | Of the details of the racing, all that we can gather is that Christ Church finished head. In 1827 rules were again drawn up and signed at a meeting of strokes; the new code being much the same as its predecessor, but with one or two small alterations. There was no U.B.C. in existence, and therefore no fixed code, but only such as was agreed on from year to year. Rules for Boat-Racing, 1827. (1) That the racing do begin on May 29. (2) That the days of racing be Tuesday and Friday in each week, and that if any boat does not come out on those days its flag do go to the bottom. (3) That no out-college man be allowed to row in any boat. (4) That no boat be allowed to race with less than eight oars. (5) That the boats below the one that bumps stop racing, those above continue it. (6) That there be a distance of fifty feet between each boat at starting. (7) That the boats start by pistol shot. (8) That umpires be appointed by each college to see each boat in its proper place at starting, and to settle any accidental dispute. The rules of the racing signed by:— C.H. Page, Ch. Ch. | F. C. Chaytor | R. T. Congreve, B.N.C. | Geo. D. Hill, Trin. Coll. | A. C. Budge, Ex. Coll. | David Reid | R. Pennefather, Ball. Coll. | T. Fox | During these races Christ Church lost their pride of place. Balliol seems to have first displaced them, and they in turn fell victims to B.N.C. who remained head. The exact details of the racing and full list of boats in this are unfortunately wanting. The racing of 1828 began as usual. No MS. copy of the rules has come to our hands for this year, but they are believed to be a reproduction of those of 1827. The racing resulted thus:— June 1.—Order of starting B.N.C., Balliol, University, Christ Church, Trinity, Oriel. B.N.C. and Balliol remained in statu quo; Christ Church claimed a bump against University which the latter disputed. Oriel bumped Trinity. The disputed race between University and Christ Church was renewed on June 3, and the Christ Church men put wet paint on their bows so as to make sure of leaving their mark if they should touch their opponents. They effected their bump. The other boats do not seem to have raced on June 3. The next race was on June 4 between B.N.C., Balliol, Christ Church, University, Trinity, and Oriel. Balliol bumped B.N.C., and the other boats therefore ceased rowing according to the rules. The third race was on June 7. Balliol, B.N.C., Christ Church, University, Trinity, and Oriel, started in this order: Balliol kept ahead; Christ Church bumped B.N.C., and the two between them had therefore to cease rowing; Trinity then took off. On June 10 the races were renewed, but no bump was effected by any boat. On June 13 there was another race, and Christ Church displaced Balliol and went head. The races concluded on June 16, when Christ Church retained the headship, and B.N.C. rebumped Balliol. The Christ Church crew of 1828 were:—(bow) Goodenough; 2, Gwilt; 3, Lloyd; 4, Moore; 5, Hamilton; 6, Mayne; 7, Bates; (stroke) Staniforth. Hamilton became Bishop of Salisbury. In 1829, in consequence of the first match of its kind being then arranged with Cambridge, and the date being fixed for March 10, there were no bumping races. Christ Church were accredited as head of the river, from their having held that position from the preceding year; and they were saluted as such. A scratch race, however, was improvised on Commemoration afternoon, between the boats, apparently manned by mixed crews of all colleges. It seems to have been a bumping and not a level race, for the record of the race is ‘no bump.’ In 1830 the races were renewed, and the following colleges put on eights:—Christ Church, B.N.C., Balliol, University, St. John’s, in the order named. The racing began on June 8, and Balliol bumped B.N.C. On June 11, another race, and no bump by any boat. On June 15, St. John’s bumped University, the others above them retaining their places and rowing to the end, as the bump was astern of them. On June 18 another race, but no bump. On June 20 another race, and no bump. We hope at a later period to supply the hiatus in history between this last mentioned year and 1837, in which year the written records of the B.N.C. book commenced, and for which charts of the races are published. Meanwhile we shall thankfully receive any information on this subject from the heroes of those days who may now be alive and hearty. HENLEY, PAST AND FUTURE.[24] The inauguration of a new era in the history of Henley Regatta naturally tends to make the mind wander into vistas of the past, perhaps even more than into speculations of the future. There are oarsmen living who can recollect when Henley Regatta did not even exist, and yet we are within an appreciable distance (three years) of the ‘jubilee’ of the gathering. There are sundry old Blues of the 1829 match still hale and hearty, and the regatta was not founded until ten years after that date. Apropos of that 1829 match, we have never seen it officially recorded that in the race Cambridge steered up the Bucks and Oxford in the Berks channel of the river, where the island divides it. Yet we have heard the Rev. T. Staniforth, the Oxford stroke, relate the fact. For some strange reason, the general opinion of habituÉs of the river prior to that match was that the Bucks channel gave the better course. The boughs of the island trees obstructed the Berks channel more than now, and this may explain the delusion. However, the Oxonians doubted the soundness of local opinion, and tested in practice the advantages of the two channels by timing themselves through each. They naturally found the inside course the shorter cut. In the race they adopted it, while Cambridge, so we hear, took the outside channel; and the previous lead of Oxford was more than trebled by the time that the boats came again into the main river. Times and ideas of rowing have changed much since the first regatta at Henley opened and closed with contests for the Grand Challenge Cup, the only prize at its foundation. The ‘Town’ Cup seems to have been the next addition, under the name of the ‘District Challenge’ Cup, in 1840; but it does not figure again until 1842, and in 1843 takes the name of the Town Cup. There were first class fours ‘for medals’ in 1841, but the Stewards’ Cup was not founded till the following year. The ‘Diamonds’ appeared in 1844. ‘Pairs’ came into existence in 1845, styled ‘silver wherries,’ and the then winners, Arnold and Mann, of Caius, have ever been handed down by tradition as something much above the average. The prize became ‘silver goblets’ in 1850, and the first winners of them were Justice Sir Joseph Chitty and Dr. Hornby, provost of Eton. The Ladies’ Plate was called the ‘New’ Cup when it appeared in 1845. At that time it was open to the world, like the Grand. Clubs from the Thames won it on sundry occasions. In 1857 it was restricted to schools and colleges as now, copying the ‘Visitors’ Cup’ for fours, founded upon parallel principles in 1847. The Wyfold Cup dates from 1847, though it does not figure in the local official calendar of the regatta as a four-oar prize until 1856. In the latter year it became a four-oar prize, open to all, and the Argonauts won it and the ‘Stewards,’ with the same crew. Later on it obtained its present qualification. As to the forgotten functions of the ‘Wyfold’ between 1847 and 1856, we venture to record them. The cup originally was held by the winner of the trial heats for the Grand. If the best challenger won the Grand also, or if the ‘holders’ did not compete, then the same crew would take both Grand and Wyfold for the season; but the Grand holders were ineligible to row for the Wyfold. This latter anomaly in time induced the executive to obtain leave from the donor to alter the destination of the cup and to devote it to fours. Local races flourished in the forties and fifties. Besides the Town Cup, there were local sculls, sometimes for a ‘silver wherry,’ and sometimes for a presentation cup. Local pairs existed from 1858 to 1861 inclusive. The Thames Cup began life in 1868 as a sort of junior race, but later on obtained its present qualification. There was a presentation prize for fours without coxswains in 1869, but the Stewards’ Cup was not opened for fours of the modern style till 1873; and the Visitors’ and Wyfold were similarly emancipated a year later. The advent and disappearance of the Public Schools’ Cup need no comment.We well recollect the sensation produced by the first keelless eight, that of Chester, in 1856. The club came like a meteor, and won both Grand and Ladies’ (the latter being an open race for the last time in that year). The art of ‘watermanship’ had not then reached its present pitch. The Chester men could not sit their boat in the least; they flopped their blades along the water on the recovery in a manner which few junior crews at minor regattas would now be guilty of; but they rowed well away from their opponents, who were only college crews. In that year, in consequence of the Chester ship being some dozen feet shorter than the iron keeled craft of Exeter and Lady Margaret, a question arose as to how the boats should be adjudicated past the post. The boats started by sterns, therefore Chester would be giving several feet start if adjudged at the finish by bows. So the stewards ordered the races to be decided by sterns past the post. This edict remained in force, but unknown to the majority of competitors, till after 1864. In that year the winner of the Diamonds reached the post several lengths before his opponent, but stopped opposite to it in a stiff head wind. The loser came up behind him leisurely, chatted, and shoved the winner past the post by rowlocks locking. Presently it transpired that the official fiat was ‘won by a foot,’ and that the judge did not consider the race over until the winner’s stern was clear of the line! This discovery caused some inquiry, and the half-forgotten edict of 1857 was thus repealed; and races have since then been adjudged again by bows. Among other reminiscences, we can recall the old starting ‘rypecks,’ with bungs and cords attached; these bungs had to be held by competitors till the signal to start; the ropes often fouled rudder lines, and were awkward to deal with. In 1862 the system of starting with sterns held from moored punts, now in vogue, was first adopted. Such are some of the recollections which evolve themselves at this date, when we are on the eve of a new era and a new course. The old ‘time’ records, which have been gradually improving and which, to our knowledge, are recorded in the most random manner in the local calendar, will now have to stand or fall by themselves. A new course, with less slack water in it, will hardly bear close comparison with an old one as to time. The old soreness of fluky winds, and ‘might have beens,’ laid to the discredit of much-abused Poplar Point, must now find no longer scope. Luck in station there still will be, inevitably, when wind blows off shore; but there now will be no bays to coast, and no Berks corner to cut. The glories of Henley bridge have been on the wane for some years past; we can remember when enterprising rustics ranked their muck carts speculatively along the north side of the bridge; but fashion and the innovation of large moored craft have lost the bridge much of its old popularity. Besides, the newly planted aspens along the towpath, which were given to replace the old time-honoured ‘poplars,’ shut off the view of the reach from the bridge. It is no longer possible, telescopically, to time opponents in practice from the Lion and Angel window, as of old. It is not so much as twenty years ago that steamers were unknown on the reach. The ‘Ariel’ (the late Mr. Blyth’s) was the first of her kind built by Mr. Thornycroft. Till then, row-boats had the reach to themselves. We are old enough to recall the Red Lion flourishing as a coaching inn; then came its breakdown, when ‘rail’ broke the ‘road,’ and it shut up, until Mrs. Williams, the veteran landlady, who erst welcomed, and is still welcomed by, so many retired generations of oarsmen, migrated from the Catherine Wheel in 1858, and re-opened the Lion once more. The strength of amateur talent is treble what it was twenty-five years ago. After the pristine Leander retired from action, and the St. George’s shut up, and the Old Thames Club dispersed, the Universities had Henley almost to themselves as to eights and fours until Chester woke them up in eights in 1856, and the Argonauts four a year or two before produced the nucleus of the talent which in 1857 burst upon the world under the new flag of the L.R.C. They were joined by Kingston in a four in 1859. In 1861 Kingston had their first eight. Thames, in like manner, began modestly with a four, which in due time developed winning Grand eights. We have already spoken of the march of watermanship. A quarter of a century ago the idea of amateurs sitting a keelless eight or four, without rolling rowlocks under, until they had first practised for days or weeks in a steady craft, would have been derided. In these days three or four scratch eights can be manned any day at Putney, capable of sitting a racing ship, and of trying starts with trained University crews. We are not laudatores temporis acti as to oarsmanship; sliding seats spoilt form and style at first until they were better understood; but, in our opinion, there are now (cÆteris paribus as to slides versus fixed seats) many more high-class oarsmen than were to be found thirty, or even twenty, years ago. There are more men rowing, and more science, and better coaching than of old. ‘Vixere fortes ante Agamemnona;’ but we believe that there are on the average some five Agamemnons now afloat for every two in the fifties and early years of the sixties. Nor do we wonder at it with four or five times as many men on the muster rolls of rowing clubs of the present day. As to boat-building, we think that the ‘lines’ of racing eights have fallen off. We can recall no such capacity for travelling between the strokes as in Mat Taylor’s best craft, e.g. the Chester boat and the old ‘Eton’ ship; both of which did duty and beat all comers for many years. While looking back with interest, we look forward with hope, and believe that the new Henley will maintain, and perhaps improve, its modern enhanced and extended standard of oarsmanship, and that the new course, when fairly tried, will encourage, rather than discourage, competition that looks for fair field and no favour. THAMES PRESERVATION ACT. In 1884 a Committee of the House of Commons sat to inquire into the best method of preserving public rights and those of riparians on the Thames. The latter had developed so much pleasure traffic during the last quarter of a century that some ‘highway’ legislation on the subject became imperative. An Act for regulating steam-launch traffic on the Thames had been passed in 1883. The report of the Committee produced the following Act, which should be read by all who intend to navigate the Thames for pleasure. Draft by-laws, to carry out the provisions of this Act in detail, have twice been propounded by the Thames Conservancy during 1886, and a third code was drafted early in 1887, but the first two editions provoked so much hostile criticism that the Conservancy withdrew them; and, up to the date of going to press, the third edition of proposed by-laws, which still seems too objectionable in many details, has not received the sanction of the Board of Trade, which is necessary before the code can become law. THAMES PRESERVATION ACT, 1885. 48 & 49 Vict. cap. 76. An Act for the preservation of the River Thames above Teddington Lock for purposes of public recreation, and for regulating the pleasure traffic thereon. [August 14, 1885.] Whereas the River Thames is a navigable highway; and whereas, by reason of the increase of population in London and other places near the said river, it has come to be largely used as a place of public recreation and resort, and it is expedient that provision should be made for regulating the different kinds of traffic in the said river between the town of Cricklade and Teddington Lock, and upon the banks thereof within the limits aforesaid, and for the keeping of public order and the prevention of nuisances, to the intent that the said river should be preserved as a place of regulated public recreation; Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Part I.—Navigation. 1. Public right of navigation.—It shall be lawful for all persons, whether for pleasure or profit, to go and be, pass and repass, in boats or vessels over or upon any and every part of the River Thames, through which Thames water flows, between the town of Cricklade and Teddington Lock, including all such backwaters, creeks, side-channels, bays and inlets connected therewith as form parts of the said river within the limits aforesaid. 2. Private artificial cuts not to be deemed parts of the river.—All private artificial cuts for purposes of drainage or irrigation, and all artificial inlets for moats, boathouses, ponds, or other like private purposes, already made or hereafter to be made, and all channels which by virtue of any conveyance from or agreement with the Conservators, or the Commissioners acting under any of the Acts mentioned in the First Schedule to this Act, or by any lawful title have been enjoyed as private channels for the period of twenty years before the passing of this Act, shall be deemed not to be parts of the said river for the purposes of the last preceding section, or any provisions consequent thereon. 3. Conservators may exclude the public.—Notwithstanding anything in the first section contained, it shall be lawful for the Conservators from time to time to exclude the public for a limited period from specified portions of the said river, for purposes connected with the navigation, or with any public work or uses, or for the preservation of public order. 4. Right of navigation to include anchoring and mooring.—The right of navigation hereinbefore described shall be deemed to include a right to anchor, moor, or remain stationary for a reasonable time in the ordinary course of pleasure navigation, subject to such restrictions as the Conservators shall from time to time by by-laws determine; and it shall be the duty of the Conservators to make special regulations for the prevention of annoyance to any occupier of a riparian residence, by reason of the loitering or delay of any house-boat or steam-launch, and for the prevention of the pollution of the river by the sewage of any house-boat or steam-launch. Provided that nothing in this Act, or in any by-law made thereunder, shall be construed to deprive any riparian owner of any legal rights in the soil or bed of the river which he may now possess, or of any legal remedies which he may now possess for prevention of anchoring, mooring, loitering, or delay of any boat or other vessel, or to give any riparian owner any right as against the public, which he did not possess before the passing of this Act, to exclude any person from entering upon or navigating any backwater, creek, channel, bay, inlet, or other water, whether deemed to be part of the River Thames as in this Act defined or not. Provided also, that the powers given by this clause shall be in addition to, and not to be deemed to be in substitution for, any powers already possessed by the Conservators.5. Riparian owner to remove obstructions unless maintained for twenty years.—Any person obstructing the navigation hereinbefore described, by means of any weir, bridge, piles, dam, chain, barrier, or other impediment, shall be liable to be called upon by the Conservators to remove the same, and his refusal to do so shall be deemed to be a continuing offence within the meaning of this Act, and the obstruction itself shall be deemed to be a nuisance to the navigation unless the same, or substantially the same, has been maintained for the period of twenty years before the commencement of this Act. 6. Provision against shooting or use of firearms on the river.—From and after the passing of this Act it shall be unlawful to discharge any firearm, air-gun, gun, or similar instrument over or upon the said river within the limits aforesaid, or the banks or towpaths thereof, or any land acquired by the Conservators under the provisions of this Act, and every person discharging any firearm, air-gun, gun, or similar instrument over or upon the said river limits as aforesaid, or the banks or towpath thereof, or any such land as aforesaid, shall be deemed to have committed an offence under this Act. Part II.—Regulation of Pleasure-boats. 7. Registration of boats.—In addition to the rights and duties of the Conservators relating to registration and tolls already created by the Thames Navigation Act, 1870, the Thames Conservancy Act, 1878, and the Thames Act, 1883, or by any other of the Acts in the First Schedule to this Act mentioned, it shall be lawful for the Conservators to direct by by-law that all boats or vessels, with the exception of any such class of boats or vessels as may, together with the reasons of such exception, be specified in any such by-law for pleasure navigation, shall be registered, together with the true names and addresses of the owners thereof respectively, in a General Register to be kept at their chief office in a form by them to be prescribed, and as to all vessels propelled by steam power, and all house-boats, and all rowing or sailing boats plying for hire, and any such other particular class of boats or vessels as by them from time to time by by-law, may be prescribed to issue licences to ply upon any part of the upper navigation, or upon a limited part thereof only, according to regulations in each case by them to be made by by-law in manner hereinafter provided. 8. Navigating without registration to be an offence.—From and after the dates by any such by-law to be fixed respectively, it shall be an offence under this Act to use any boat or vessel of the class mentioned in the same by-law, on any part of the river to which such by-law applies, unless such boat or vessel shall have been previously registered or licensed in manner therein provided. 9. Lists to be kept of private boats and boats for hire.—In the General Register in the seventh section of this Act mentioned, separate lists shall be kept of boats and vessels used for pleasure navigation by private owners, and of boats and vessels let for hire. The former class of boats or vessels shall be distinguished, according to regulations to be made from time to time by the Conservators, by a registered number, crest, badge, or mark, and the latter class by a registered number; and the provisions of section eleven and section thirteen of the Thames Act, 1883, as to displaying or concealing the same or number of any steam-launch shall be deemed in all cases to apply to the said registered numbers, crests, badge, and marks respectively, with such modifications as the Conservators may by such regulations from time to time direct. 10. Renewal of yearly registration.—It shall be lawful for the Conservators by by-law to enact as to any or all of the classes of boats or vessels by them from time to time required to be licensed or registered as aforesaid, that such licence or registration shall be renewed at any interval not being less than one year. 11. Fee for registration.—It shall be lawful for the Conservators to charge, in respect of boats or vessels registered under this Act, sums not exceeding the sums following; that is to say, for each registration of a pleasure-boat not being a house-boat, a sum not exceeding two shillings and sixpence, and for each registration of a house-boat a sum not exceeding five pounds; and if such house-boat shall be more than thirty feet in length, a further sum not exceeding twenty shillings in respect of every complete five feet and the fraction of an incomplete five feet by which such house boat shall exceed thirty feet in length. Provided always that nothing in this Act shall require a boat or vessel not being a house-boat to be registered oftener than once in three years. 12. Present registration or licence not to be affected.—Nothing in this Act shall require any vessel which may under any Act be required to be registered or licensed by the master, wardens, and commonalty of watermen and lightermen of the River Thames to be registered or licensed under this Act. 13. First registration.—For the purposes of the last preceding section a fresh registration or licence of any boat or vessel in a class other than that in which the same was first registered or licensed shall be deemed a first registration or licence. 14. Application of ss. 7, 8, 9, and 14 of The Thames Act, 1883, to all registered boats and vessels.—The provisions of sections seven, eight, nine, and fourteen of The Thames Act, 1883, as to registered owners of steam-launches, shall apply to the registered owners of all boats or vessels for the time being registered pursuant to the provisions of this Act, and of the by-laws in that behalf from time to time in force, and the same section nine and section fourteen shall be read as if the words ‘boat or vessel’ therein were substituted for the word ‘steam-launch,’ and as if the words ‘this Act’ therein referred to the present Act. 15. Every boat or vessel to be deemed to be in charge of one person.—Every boat or vessel used for pleasure navigation upon any part of the River Thames within the limits aforesaid shall be deemed to be in charge of one person, who shall be in every case a registered owner, or the person duly appointed or permitted by him to be in charge, or the person hiring such boat or vessel, and, in the absence of any such person, then any person having control or being in command of such boat or vessel. 16. Person in charge to be responsible for order.—Every person who for the time being is in charge of any boat or vessel shall be responsible for the preservation of order and decency, and for the observance of the provisions of this Act; and upon proof that an offence under this Act has been committed by any person on board such boat or vessel, and that the person in charge has refused to give the name and address of the offender, then the person in charge shall be deemed to have committed an offence under this Act. Part III.—General Powers. 17. Conservators may accept and hold land for certain purposes.—In addition to their existing powers to take and hold land, it shall be lawful for the Conservators to accept and hold any land which any person may offer to them for dedication to public uses in connection with the purposes of this Act, upon such terms and conditions as they may see fit, and it shall be lawful for the Corporation of the City of London, or the Metropolitan Board of Works, and for the University of Oxford, or, subject to the provisions of the Municipal Corporations Act, 1882, so far as they are applicable, for the Corporation of the City of Oxford, or any corporation or other person, to give, grant, dedicate, convey, or devise any land or right over land to the extent of their estates and interests respectively, unto the Conservators, for the purpose of enabling the public to use such and or any part thereof as a public highway, or as a place of public resort, or for the purpose of creating bathing-places or camping-grounds or landing-places, or for any other purposes connected with this Act, any of the provisions of the Act passed in the ninth year of the reign of King George the Second, chapter thirty-six, or any other statute or any rule of law to the contrary notwithstanding. 18. Acquisition by agreement of right of abstracting water from the river.—Where any company or person is entitled under any Act of Parliament, grant, custom, or otherwise, to any right of abstracting or appropriating water which might otherwise flow or find its way into the river, it shall be lawful for any such person on the one hand and the Conservators or any other person on the other hand, to enter into and carry into effect an agreement or agreements for the conveyance of such right to the Conservators; and every such right may be conveyed to the Conservators by deed, and shall as from the date of such conveyance be absolutely extinguished to the intent that such water shall thereafter be allowed to flow into the river. And it shall be lawful for any of the companies supplying water within the Metropolis to make contributions out of their capital or revenue in aid of the acquisition and extinguishment of any such right, and for the Conservators to accept such contributions and contributions from any other person or persons and employ them for that purpose. 19. Alteration and suspension of by-laws.—It shall be lawful for the Conservators, in addition to all powers of making by-laws already possessed by them under the Acts mentioned in the First Schedule hereto, to make, and from time to time to suspend or alter in the same manner and with the same consent as in the same Acts is provided, all by-laws which they may deem necessary for the purposes mentioned in this Act, or in the Second Schedule hereto. 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 Middlesex, 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, title, 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 passed, 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 assigned 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 title.—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 trespasses 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.
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