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Indian Office Library F/4/2509 Call No. 142867 British Library

142.867

Coll No. 21 Draff No. 449 of 1853

Fort William Home Department Legislature

Para 13 @ 15

Letter from the Govt of India Dated the 28th June 1852 No 12

Act No VI of 1852 The defraying the cost of the Light House on Pedra Branca

Extract from a Despatch from the Govt of India to the Honble the Court of Director in the Home Dept (Legislature) dated the 28 June No. 12 of 1852

Act No VI of 1852 For defraying the cost of a Lighthouse in Pedra Branca Leg Cons: 30th Jany 1852 Pedra Branca

13.

Your Honble Court in Your Marine Letter No 6 of 1845

dated the 15th Octr referring to an application which had been made to this Govt for pecuniary aid in the erection of the Horsburgh Light House on the Island rock called Pedra Branca situated at the Eastern Entrance of the Singapore Straits from the China Sea remarked that you considered it objectionable that the general resources of India should be charged with any Expense for such an object – and suggested that a duty should be levied on ships as Lighthouse dues at 1 Rupee for every 100 tons of shipping, in order to reimburse the Govt for monies that might be advanced for the construction of the Light House, as also to meet its current expenses when completed. 14.

The Governor of the Straits Settlements from when a report relative to the rate of duty suggested by your Honble Court was

called for, calculated that a lower rate than 2 Dollars per 100 tons would not be sufficient for the object. He Estimated the actual cost of the Building at Rs 50917. To meet this expense he reported that he had in his hands a sum of Rs 22,194 raised by public subscription thus leaving Rs 28,723 to be advanced by Govt. The duty of 2 Dollars per 100 tons be calculated, would yield annually Rs 6736 XXX of this sum, after deducting necessary expenses on account of Establ, Rs 3616 could be applied towards the gradual repayment of the loan to be obtained from the Govt of India. 15.

The correspondence with Coll. Butterworth is as submitted for the consideration of your Honble Court and your reply (Marine No. 3 of 1849 dated 5th Septr) sanctioned a tonnage duty of 2 ½ dollars for 100 tons.

On receipt of your orders this Govt,

authorized the immediate commencement of the Building and the necessary draft of an Act for the levy of the tonnage duty was read in Council for the first time on the 24th Octr 1851. This rate at the time of passing the Act, was raised, at the recommendation of Coll Butterworth to 3 cents per ton or 3

Dollars per 100 tons to provide for the expences of Light Ship placed in the 2 ½ fathom bank in the Straits of Malacca.

Extract from the Proceedings of the Most Noble the Governor General of India in Council in the Home Dept / Legl / under date the 30th January 1852

No. 1

No 172 From The Officiating Under Secretary to the Government of Bengal To The Under Secretary to the Govt of India Home Departt D/Fort William the 19th March 1850

Marine

Sir, With reference to your letter No. 607 dated the 27th October last, I am directed by the Deputy Governor of Bengal to transmit herewith, for the consideration of the Most Noble the Governor General of India in Council, the accompanying copy of a Despatch from Coll Butterworth, enclosing a draft act for levying a toll on Ships and square rigged vessels entering the harbour of Singapore, for the purpose of defraying a portion of the cost of erecting a Light House on Pedra Branca and the expense

maintaining a Light thereon. A Copy of the reply to Coll Butterworth of this date is also transmitted.

Fort William

I have the honor the be &ca

The 19th March 1850

Sd/ C. V. Bayley Offg. Under Secy to the Govt of Bengal

(Copy) No 22 From

No. 2 Enclosure General No 158 of 1850

The Governor of Prince of Wales Island, Singapore and Malacca. W. Seton Karr Esqr Under Secretary

To

to the Government of Bengal Fort William. D/ Singapore the 13th February 1850 Sir, I have the honor to acknowledge the receipt of your letter under date the 12th Novr last No 784 with its enclosure from the Govt. of India, giving cover to a Despatch from the Honble the Court of Directors, authorizing the immediate construction of the Light House on Pedra Branca, to be called after the celebrated Hydrographer, James Horsburgh Esquire. 2.

Immediately on receipt of the above communication, I called upon

the Govt Surveyor Mr Thomson, to ascertain if the original contractor “Choa Ah Lam” was still willing, giving good security to undertake the work, agreeably to the plans, specifications, and Estimates, submitted by Mr. Thomson, approved of by the Superintending Engineer and forwarded to Govt. under date the 12th June 1848, No 72.

Enclosure No 1

3rd.

The accompanying copy of a letter from Mr. Thomson*, will shew

that all preliminary arrangements have been made with the aforesaid contractor, to commence on the work in the early part of March next, and I have accordingly authorized the Extra Establishment sanctioned by the Honble the Court of Director, to be drawn from the 1st Instt, to ensure the preparation of Models &ca as also such advances as the contractor may desire, for bringing Masons from China, who will be located on Pedra Branca, from which Rock, the Blocks of Granite for the foundation of the Light House will be prepared, and I have every reason to believe, under the able supervision of Mr. Thomson, who is thoroughly conversant with the management of the Chinese workmen, that the Light House will progress rapidly and successfully. 4th.

The great distant from Singapore, of the Rock, on which the Light

House is to be erected, and the exposed position, under the task of superintendence, one of great bodily labour, and exposure, but I have every confidence in Mr Thomson, who is well inured to the climate, and as previously observed, most intimate with the manners, habits and customs of the people, indeed as the Superintending Engineer observes in his letter under date the 6th of June 1848 forwarded with my communication to your address of the 12th Idem No 72. The Govt.

Surveyor who alone in these Settlements, possesses the practical knowledge of Building, familiarly with the language, the sway and control of the Chinese Head Men and subordinates, and acquaintance with the resources

of

Singapore

necessary

to

ensure

success

without

considerable increase of expense. 5th.

Mr Thomson would desire to add, in a trifling degree, to the comfort

and convenience of the Visitor’s Room, and make the fittings up of the interior of the Building, some what better than was originally proposed, and as this will cause but little further outlay an the Building. I have ventured to authorize his giving the necessary orders for such articles, from the Home Market. 6th.

The difficulty and risk, of negotiating through the Houses of Agency

in these small stations, induced me to comply with Mr. Thomson’s suggestions, for requesting the Honble the Court of Directors to make the necessary advances to the Engineer entrusted with the preparation Enclosure No 2

of the Cupola and Light a copy of my communication* to the Secretary to the India House, I beg respectfully to enclose, and to express a hope that the course I have pursued, will meet with the approval of the Honble the Deputy Governor of Bengal.

Enclosure No 3

7th.

I take this opportunity of submitting for the consideration of Govt.

the accompanying *Extract from the proceedings of the Committee of the Chamber of Commerce at this station, begging that the repayment of the money to be advanced by the Honble the Court of Directors, for the construction of the Horsburgh Light House, may be spread over a series of years so as to make a portion of the proposed Light House, dues available for further facilitating navigation through the Straits of Malacca. 8th.

The Chief want of the navigator, is a Light on the 2 ½ Fathom

Bank, in the Straits of Malacca, as was shewn by the Memorandum forwarded with my letter under date the 14th July 1849, No 91, and I am clearly of opinion, that this would be the greatest boon that could be afforded, I therefore strongly recommend that the wishes of the several owners, and Master of Vessels in this respect my be complied with, and in mean time, I am happy to report, having dispatched one of the Buoys* received from Calcutta, to the aforesaid 2 ½ Fathom Bank. 9th. The Committee of the Chamber of Commerce, further desire to have lights in the vicinity of Singapore, and I am of opinion, that one to guide vessels passing Tree Island, the Sultan Shoal, and the Rabbit and Coney, would be most beneficial to Navigators, and would cause little expense,

Vide enclosed make marked A

beyond the small establishment necessary for keeping the Light trimmed during the night. 10th. The Chamber have very considerably over rated the receipts, by taking their calculation from the number of vessels that have arrived at and departed from Singapore, without bearing in mind, that one vessel may have entered the Port half a dozen times during the year. The amount of tonnage upon which Light House dues would be collected, will not exceed 150.000, limiting the payment of Light House dues for each Square Rigged Vessel to twice during the year. 11th. The Committee also desire, that the levy of these dues may be confined as far as possible, to the Presidencies, where Import and Export Duties obtain under the impression that the collection here may “operate prejudicially to the trade of the Place, which hitherto has been unfettered by exactions for any purpose whatever”, but this opinion as I shall shew, has undergone modification. 12th. It appeared to me that difficulty and vexation might be engendered by the original views of the Committee of the Chamber of Commerce, being met on the present occasion, as Commanders of Vessels would have to produce receipts at this station, shewing the payments made by them in India, which receipts might not be

forthcoming; and the Act for authorizing these dues would necessarily be a very complicated affair; whilst the Public would be ignorant of the actual amount received on account of the aforesaid Dues. 13th. Under these circumstances, and taking into consideration the fact, that all or nearly all Vessels passing through the Straits of Malacca, from the Presidencies, touch at Singapore, on their way to or from, the China Seas, I have ventured to draw up an Act for the levy of the Dues at this Port alone, which I trust will be approved of, more especially, as I am able to state, that the Chamber of Commerce have concurred in my reasoning, and through their Chairman have expressed their satisfaction *

Encls: No 4

with the Draft Act* now submitted. I have the honor to be &ca The 13th Feby 1850

Sd/ W.J. Butterworth Governor.

/No 32/ To The Honble T. Church Esqr Resdt Councillor Sir, I have the honor to acknowledge the receipt of your letter No 1217 of 1849, with annexed copies of letters from His Honor the Governor No 510, from the Under Secretary to the Govt. of Bengal No 7840, and from W. Grey Esqr Und: Secy: to the Govt. of India No. 607 containing a copy of a despatch from the Honble the Court of Directors No 3 of September 1849, relative to a Light House on Pedra Branca, and sanctioning its immediate construction, under the designation of the “Horsburgh Light House”, according to Plans, Specifications and Estimate forwarded with my letters No 19 and 20 of 1848, and further doing me the honor of intrusting its erection to my care. In reply to your letter No 1217 I beg leave respectfully to state that the two months and ten days that now intervene between this and the first of March on which the building will be commenced, will be fully occupied in making the requisite preparations, my absence at Malacca would consequently postpone the commencement of the work for as may days and months as I might be at Malacca. Further, nothing could be

done to the Survey of Malacca, until the instruments indented for on account of that survey had arrived from Bengal, which will probably not be before the 1st of February, and a further period of 3 months would be required to teach the measurers, and after they had been thought, they could not be left to themselves without a surveyor to direct and check their operations, I am consequently of opinion that no benefit would result by my proceeding to Malacca for the purpose of commencing that Survey. The preliminary operations of the Light House that will be made during those two months and ten days, are as follows 1st making model of Light House for a guidance of Chinese workmen. 2nd Drawing up specifications, contract and agreements. 3rd In drawing plans of Cupola and Lamps &ca for transmission to Europe. 4th Constructing Derricks and stone lifters. 5th Fitting up Gun Boats for the purposes for which they will be required, and having them thoroughly repaired, so that their deficiencies may not be the cause of stopping the works in the midst of operations. 6th Erecting Carpenters’ and Blacksmith’s shops near my dwelling for the purpose of having materials worked up under my own eye. 7th In making experiments in cements so as to enable me to choose the most superior. 8th In making arrangements to procure Chinese stone

cutters from China. 9th In preparing houses for self and workmen, to be fixed on the Rock, and many other minor details, for all of which there is barely time left between this and the 1st March, but all of which must be carefully considered, so that the progress of the works may not be detained for want of foresight in this period of the undertaking. With reference to the Honble the Governor’s letter No 510 above mentioned, I beg leave to state that I have communicated with the contractor, and it is so far settled that he will undertake the masonry and brick work, and most of the carpentry, Iron work, and copper work, which, of course will be specified in detail, in contract documents for the sum of Ten Thousand, five hundred Spanish Dollars. The name of the Contractor is Choa Ah Lam, and in a few days he promises to produce sufficient securities when the contract will be definitely settled. I beg leave respectfully to make known to His Honor the Governor that every caution and care will be used, and no personal exertions spared to secure stability and permanence to a work in which my character and future good standing is so seriously involved. The gratifying assurance of his confidence I consider more than half the battle against the difficulties attending an unusual work of this kind, for with this in my fortunate possession, should these difficulties be

encountered, and such works are seldom free of them during their progress (whether from accident or by the action of the elements) I will be able to act with vigour and without the tardy vacillation which under less propitious auspices would be the constant attendant on every operation. I shall have great pleasure in communicating personally with Major Faber at all times, and shall be grateful for any suggestion that his long experience may offer, and such as may be adopted will be thankfully acknowledged on the successful completion of the work, I will also greatly desire personal communication with Captn Man, whose great experience in the manufacture of cements and the blasting of Rocks puts him in possession of a fund of most valuable knowledge applicable in the progress of the structure. In many operations that can only be successfully performed by practical seamen, I will be under the greatest obligations to Captain Congalton for advice and assistance as far as he can consistently render them. Regarding the towage of materials from Singapore at Pedra Branca, which is an important part of the undertaking for which the Govt will be responsible, and upon which subject misapprehension will arise were the part to be performed not sufficiently detailed, and which

misapprehension might the cause of great loss to the contractor and detention of the works, I will briefly recapitulate what is expected by the contractor of the Govt. 1st in sending materials from Singapore to Pedro Branca, the contractor will deliver over his lighters to the Steamer at the anchorage in Singapore Roads, and from whence they will be towed to Pedro Branca and secured to a Buoy close to that Rock, where again the Contractor will take delivery of the lighters after they are unloaded, the lighters will be attached to the buoy and from thence taken by the Steamer to Singapore Roads, or 2nd if to Point Romania, where sand and wood will be procured, the steamer will tow the lighters to the anchorage these, from whence the Contractor will carry them to the shore, and after they are loaded, deliver them at the anchorage of the steamer, from whence they will be towed and secured to the buoy at Pedro Branca, and so on. Of Course the Commander of the steamer will take care to only venture out with lighters during the day at the Rock, so that they may be unloaded and secure to the steamer before night, as a loss of the lighters and cargo might be incurred during the heavy squalls, or Sumatras, were they to remain at the Rock or Buoy during the night. But there is in doubt that Captn Congaltons’ experience will easily show, how

to avoid accidents in this way, though it may be here stated that such accidents may be expected to occur. Regarding the two Gun Boats that will be required during the operations, one will be required to be fitted up for my accommodation, and for which purpose I would respectfully ask the favor of your obtaining a Survey Report from the Master Attendant, so that all necessary alterations may be effected. Both Gun Boats will require to be decked over, and I would respectfully suggest that they be thoroughly examined so that all necessary repairs may be effected before the 1st of March, so that a want in Department may not be a cause of detention. The 2nd Gun boat will be principally required for procuring water and provisions from Point Romania and Singapore and for the carriage of workmen. It would much facilitate operations and give great confidence to the workmen, which is a very desirable object, could the steamer Hooghly remain near the rock for the first month or so, until everything be set a going properly, after that her services would only be necessary when building materials were to be sent out to the rock. At the first setting out too, it would be of great assistance could she convey Planks, attaps and spars, was to effect our quick establishment in houses on the

rock, these being the materials of which they will be composed. I hope this can be acceded to. While I have no alterations to suggest on the plan of the solid part of the structure which was designed more to the view of strength than to any other object, and while I can state with considerable confidence that the estimate will not be exceeded in this part, as nothing was spared to make this part complete, still as the Honble the Court of Directors have made arrangements in full anticipation of the Estimate being exceeded, and as I exercised the severest economy in the interior fittings, I would humbly suggest that they be now of a superior style than that originally contemplated, as being more in accordance with the spirit of the undertaking, now that there is not the same object in reducing everything to its lowest limit of expenditure that original was the case when the structure was planned. I would recommend particularly that the visitor’s room, the stairs and other lesser convenience be fitted up in better style than originally designed. As immediate measures will now be taken to commence this long desired undertaking, and the actual work of constructing apparatus &ca will commence on the 1st of January next not to mention other measures that have been already set agoing, I would humbly solicit the favor that

the extra monthly allowance to my salary of 1500 Rupees, so kindly acceded to by Govt., may be allowed to commence from the 1st January, also that I may be allowed to engage an overseer from that date on 100 Rupees per mensem. I think I have touched upon every subject now requiring immediate attention as occasion may require, I will ask for the assistance of such Departments of the local Govt as may be able to aid the undertaking so kindly ordered by His Honor the Governor, and trusting that this letter will meet with your approval and also of His Honor the Governor, to whom I would beg the favor of your forwarding it. Singapore

I have the honor to be &ca

The 20th Decr 1849

Sd/ J. T. Thomson Govt Surveyor /True Copy/ Sd/ W. J. Butterworth Governor

/No 340/ To

Genl No 109

J.C. Melvill Esqr Secy. to the Honble the Court of Directors

1849

of the East India Company East India House –LondonD/Singapore the 27th Decr 1849

Sir, With reference to the despatch from the Honble the Court of Directors under date the 5th September No 3 of 1849, to the Govt. of India, sanctioning the construction of a Light House on Pedro Branca in the China Seas, I have the honor very respectfully to transmit the copy of a letter from Mr Thomson, the Gentlemen entrusted with the work, and to solicit that the advances required by Mr Stevenson the Engineer selected to superintend the preparation of the Cupola and Light may be made by the Honble Court. Should the advance of so small a sum be likely to cause trouble or inconvenience in the adjustment of the accounts with India, I shall be prepared remit the amount so advanced, either by Navy or Labuan Govt. Bills, and I hope to be pardoned, if I have made an irregular request,

which has been dictated solely by the difficulty, risk and expense of negotiating through the Houses of Agency in these small stations. The work to be executed is of such importance to the safety of the Mariner, that I am persuaded, in the event of the amount (₤1500) determined upon for the Light proving insufficient, the Honble the Court will not refuse their continence to any additional outlay that may be recommended by Mr Thomson. I have the satisfaction to report that arrangement have been made to commence on the building in March next. The 27th Decr 1849

I have the honor to be &ca Sd/ W.J. Butterworth Governor. (True Copy) Sd/ W.J. Butterworth Governor.

Extract from the Minutes of a Meeting of the Committee of the Singapore Chamber of Commerce held on the 19th December 1849.

A letter from the Honble the Governor No 330 dated the 11th Instt to the address of the Chairman, with its enclosures was read, from which it appeared that the Honble the Court of Directors had authorized the construction of the Horsburgh Light House on Pedra Branca to be commenced, and directing that a duty of 2 ½ dollars per 100 tons should be levied on Vessels touching at Singapore, or clearing out at India Ports to China, or the Eastward of Singapore, to meet the expenses of the Light House, and to ensure repayment of the amount required in addition to the subscribed sum of Rs 22.194, for the erection of the Light House, and which amount the Court of Directors propose advancing by way of loan. Upon which it was unanimously resolved 1st.

That this Committee regret that it should have been

determined by the Honble the Court of Directors, to levy such a heavy duty on shipping in name of Light Dues for the Horsburgh Light, the annual, proceeds, at a moderate estimate, being calculated at more than 5000 a sum greatly exceeding what was originally contemplated as being

likely to be levied, and much beyond that required to meet the annual expenses. 2nd.

That should the determination of the Honble Court to impose

this duty of 2 ½ dollars per 100 tons, be hereafter carried out, the Committee are of opinion, that it would be highly desirable that the repayment of the loan should be spread over a considerable number of years, and that the annual surplus remaining after paying an installment of the said loan, and providing for current expenses, should be applied to improving the navigation of the Straits of Malacca, by erecting lights on one, or more of the Islands near Singapore, the position of which renders the navigation by night dangerous, and by placing a floating or other Light on the 2 ½ fathom Bank. That there is every reason to believe that these additional Lights, might be placed as proposed at a very moderate expense, and the committee are decidedly of opinion that they would be regarded as a great boon by Commanders of vessels passing through the Straits, as they would enable vessels to run on during the night with perfect safety, instead of incurring as at present much delay by anchoring, or great hazard by continuing under sail or steam. 3rd.

That it appears to the Committee to be very desirable that

the levying of the Light dues at Singapore should be avoided as much as

possible, as it may operate prejudicially to the trade of the place, which hitherto has been unfettered by a single pecuniary exaction, for any purpose whatever. That this objection does not apply to the collection such dues at Calcutta, Bombay, Madras &ca &ca there being already duties of Customs and other charges leviable there. That arrangements should also, if possible, be made for collection in China of the Light dues payable by Vessels clearing out there for Ports in the Straits and Westward. 4th.

That it is desirable that distinct provision be made in the act

imposing these Light Dues for their reduction after repayment of the loan from Govt to the amount only required to cover the current expenses of keeping up the Light or Lights now, or hereafter to be established in the Straits of Malacca, including the Horsburgh Testimonial. (True Extract) Sd/ A. Logan Secy. Chamber of Commerce (True Copy) Sd/ W.J. Butterworth Governor.

(No 171) No 3 Enclosure

From the Offg. Und: Secy: to the Govt of Bengal To the Governor of P.W. Island Singapore and Malacca D/ Fort William the 19th March 1850.

Marine

Sir, I am directed by the Deputy Governor of Bengal to acknowledge the receipt of your letter, No 22 with enclosures, reporting the measures that have been taken for the immediate construction of the “Horsburgh Light House” on Pedra Branca. 2nd.

His Honor approves of the preliminary arrangements which have

been made by contractor “Choa Ah Sham” for the commencement of the work, as also of you having authorized the entertainment of the extra establishment sanctioned by the Honble the Court of Directors from the 1st February, and the advances to the contractor to enable him to bring masons from China. 3rd.

From para: 6 of your letter and enclosure, No 2, His Honor observes

that, in consequence of the difficulty and risk negotiating remittances at Singapore, you have solicited the Honble Court of Directors to advance Mr Stevenson the Engineer the sum of 1500₤,, being the amount

required by that gentlemen for superintending and preparing Cupola and light for the Light House in question. Your proceedings render it unnecessary for His Honor to pass any orders on the subject, which will be duly taken up by the Home Authorities. 4th.

As regards the proceedings of the Committee of the Chamber of

Commerce at Singapore, in which that body solicit the repayment of the money advances by the Honble the Court of Directors for the construction of the Horsburgh Light House, should be spread over a series of years, so as to make a portion of the proposed Light House dues available for a light on the 2 ½ Fathom Bank in the Straits of Malacca, and for a light near Singapore, I am directed to inform you, that the earliest opportunity will be taken for submitting the proceedings of the Chamber for the favorable consideration of the Honble the Court of Directors. 5th.

The Draft act submitted with your letter has been forwarded for the

consideration of the Most Noble the Governor General of India in Council in the Legislative Department.

Fort William

I have the honor to be &ca

The 19th March 1850

Sd/ H.V. Bayley Offg. Under Secy. to the Govt. of Bengal

(True Copy) Sd/ H.V. Bayley Offg. Under Secy. to the Govt. of Bengal

An Act to levy a toll on Ships and Square Rigged Vessels, for the

No 4 Enclosure

purpose of defraying a portion of the cost of erecting a Light House on the rock called Pedro Branca, situated at the Eastern Entrance of the Straits of Singapore, and of defraying the expense of maintaining a Light thereon. ___________________________________________________________ I.

Whereas it has been deemed expedient for the safety of navigation

in the China Seas to erect a Light House on the Island rock called Pedro Branca, situated at the Eastern entrance of the Straits of Singapore; And whereas certain sums of money have been subscribed by private individuals, but the same, are insufficient to defray the expense of erecting such Light House; And whereas the East India Company have agreed to undertake the erection of such Light House, and to advance certain funds to complete the same on condition of the same being repaid to them by the levy of a toll on Ships and other square rigged Vessels entering the harbour of Singapore; And whereas also it is desirable that the expense of maintaining a light on such Light House when erected should be defrayed out of the monies arising from such toll; And whereas also it may hereafter be considered expedient to establish other lights or beacons in the Straits of Malacca or elsewhere

in proximity thereto; It is hereby enacted that the said Light House on Pedro Branca aforesaid when so erected shall be called “The Horsburgh Light House,” and that the same and the appurtenances thereunto belonging or occupied for the purposes thereof, and all the fixtures, apparatus, and furniture respectively belonging thereto, shall become the properly of and absolutely vest in the said East India Company and their successors in the Government of India. II.

And it is enacted that from the _____ day of ____ 1851 a toll of

2 ½ per cents of a Dollar per ton shall be levied upon all ships and other square rigged vessels being of the burden of fifty tons and upwards, which shall arrive at, cast anchor in, or enter the harbour or roadstead of Singapore, from any part of the world; Provided always that no ship or other square rigged vessel shall pay such toll more than once in every six calendar months, notwithstanding that such ship or vessel may have arrived at, cast anchor in, or entered such harbour or roadstead more than once during such period.

III.

And it is enacted that all ships of war of Her Britannic Majesty, all

armed ships belonging to the said East India Company; and all ships of

war belonging to any Foreign Government or State shall be exempt from the payment of such toll.

IV.

And it is enacted that the toll leviable under the Act shall become

due and payable immediately on the arrival or entering of every ship liable thereto within the harbour or roadstead of Singapore.

V.

And it is enacted that the management of the said “Horsburgh

Light House” and of every thing within relating thereto, shall be under the direction and control of the Chief Civil Authority of Singapore for the time being.

VI.

And it is enacted that the Chief Civil Authority may appoint any

person or persons he may think fit to be a Collectors of the toll payable under this act.

VII.

And it is enacted that out of the funds raised by such tolls, an

efficient light shall be constantly kept up and exhibited during the night time in and from the said Light House and that the surplus monies thereof shall from time to time be paid over to the said East India

Company in liquidation of all or any sum or sums of money they may advance towards the erection and completion of the said Light House and the apparatus and furniture thereof.

VIII.

And it is enacted that immediately on the arrival of any ship within

the harbour or roadstead of Singapore, the Collector appointed under this Act shall demand or cause to be demanded from the master or other person in command of such Ship, payment of the toll of two and a half cents of a Dollar per ton for every ton of the registered burden or tonnage of such ship, and that if the same be not immediately paid, and the said Collector shall have cause to suspect or believe that such ship will immediately leave the harbour or roadstead of Singapore without paying such toll, it shall be lawful for any Justice of the Peace, upon an affidavit to that effect being made before him on oath by such Collector (which oath the said Justice is hereby authorized to administer) to issue his Warrant under his hand, directed to any Peace Officer or Peace Officers of Singapore aforesaid, to enter on board such ship and to seize and carry away any of the goods, merchandize, Guns, tackle, apparel or furniture of such ship, and to keep the same for the space of three days after which if the amount of the toll due by such ship be still unpaid, the

same may be sold to pay such toll, and the expenses of such seizure and sale, and that the overplus if any shall be returned on demand to the owner or to the person in who a possession the property so seized may have been found.

IX.

And it is enacted that the Officer or Officers of Government in

Singapore aforesaid, whose duty it shall be to grant a Port clearance for any ship clearing out of or leaving the Port of Singapore aforesaid, shall refuse to grant such Port clearance to any ship until the Owner, Agent, Master, or other person in command of such ship shall produce a Certificate from the Collector appointed under this Act that such ship has duly paid the amount of toll to which she was liable under this Act.

X.

And it is enacted that if any ship shall leave the harbour or

roadstead of Singapore and go into ports beyond the seas without having paid the amount of the toll to which she would be liable under this Act, every such ship shall be liable to pay treble the amount of such toll, to be recovered from such ship on her arrival at Singapore at any time thereafter, in the manner provided for in Sect VIII of this Act, and that the amount of such treble toll may likewise be recoverable from such ship at

any other port or place in the territories of the East India Company, at or within which such ship shall or may at any time thereafter be found.

XI.

And it is enacted that upon the production by any Officer of Govt. at

any port or place in the territories of the East India Company, where such last mentioned ship shall happen to be, of a Certificate under the hand and seal of a Justice of the Peace of Singapore aforesaid, that such last mentioned ship had left the Port of Singapore aforesaid without having paid the amount of toll (specifying the same) to which such ship was in the first instance liable to pay, it shall be lawful for any Justice of the Peace at such port or place aforesaid to issue his warrant directed to any Peace Officer or Peace Officers commanding him or them to enter in and on board of such ship, and to seize and carry away any of the goods, Merchandize, guns, tackle, apparel or furniture of such ship and to keep the same for the space of three days, after which if the amount of such treble toll, to the payment of which such ship had rendered herself liable in manner aforesaid, be still unpaid the same may be sold to pay the amount of such treble toll and the expenses of such seizure and sale, and that the overplus, if any, shall be returned, on demand, to the owner

or to the person in whom the possession the property so seized may have been found.

XII.

And it is enacted that in order to ascertain the exact burden or

tonnage of any ship liable to pay the toll leviable under this act, the Collector appointed under this act may apply to any Justice of the Peace to require, and such Justice of the Peace shall thereupon summon and require the master or person in command of such ship or any person having possession of the same, to produce the Register of such ship for the inspection of such Justice, and upon the refusal or neglect of any such Master or person to produce such Register, it shall be lawful for such Justice to adjudge such master or person to pay a fine not exceeding one hundred Dollars, and in default of Payment to be imprisoned in Her Majesty’s Gaol for any period not exceeding two calendar months.

XIII.

And it is enacted that when and so soon as the monies to be

advanced by the said East India Company towards the erection and completion of the said Light House shall have been fully repaid and liquidated in manner herein provided for, it shall be competent for the

Chief Civil Authority of Singapore for the time being to erect and establish, one or more other lights or beacons for the safety of navigation, in such part or parts of the Straits of Malacca or in close proximity thereto as shall be deemed expedient, and that the cost thereof, and of maintaining the same and keeping up and exhibiting a Light or Lights therefrom shall be defrayed out of the surplus monies arising from the toll payable under this Act, after defraying the current expenses of maintaining the “Horsburgh Light House” aforesaid.

XIV.

And it is enacted that the word ships throughout this Act

mentioned shall be held to mean and include Schooners, Brigs, Brigantines, Barques, Steam boats, and all other square rigged vessels. The following Notice is published for general information.

Dated Singapore The 24th Jany. 1850

Sd/ W.J. Butterworth Govr of P. W. Island Singapore and Malacca

A first class buoy painted black and white, having been placed on the 21st of January 1850, on what is usually called the two and a half fathom bank, at the western entrance to the Straits of Malacca, in two fathoms at low water Spring Tides, the following bearings were taken by Azimuth Compass from it.Parcilar Hill ---------------------------- East half South False Parcilar Hill --------------------- North 50º East Trees on the low land of Callam Island just visible on the horizon the eye being elevated 12 feet above the water______ North 85° East There is a small patch North East from the buoy, about twenty fathoms distant with nine feet at low water spring tides. About a mile to the Eastward of the Buoy on the tail of the Bank, there are overfalls of three and four fathoms, with five, six and seven fathoms between them. To the westward of the Buoy, nothing under five fathoms within a quarter of a mile. To the North and Southward of the buoy, there are ten and twelve fathoms within a quarter of a mile.

Vessels from the Eastward or Westward keeping Parcilar Hill, East a quarter South, will just clear to the Southward of the bank, and East three quarters South, will lead a vessel clear to the Northward.

Singapore

Sd/ S. Congalton

The 24th January

Commander

1850

H.C. D. T Hooghly

(True Copies) Sd/ H.V. Bayley Offg. Under Secretary to the Govt. of Bengal

Minute by the Honble C.R. M. Jackson dated the 23rd October 1851 I have struck out the 10 and 11 Sections of the original Draft Act prepared by the Straits Govt. It would be quite a novel thing in legislation to enact that a penalty should attach to a ship for all time and should be recoverable against the ship even in the hands of an innocent purchaser. It is an attempt to make a penalty even like a Covenant with the land, without considering that a ship is a chattel and that her title deeds would give us no notice to purchasers of such an incumbrance. The stringent Slave acts have never yet gone the length of declaring that a slaver should after it changed hands and was employed in lawful traffic be still liable to condemnation. As the Indian Legislature has no power to legislate for the high seas, I have thought it as well to insert the twelfth section, without that section, it might be argued that the whole Straits was the roadstead, and as a consequence that all ships passing them it should pay the toll.

The 23rd October 1851

Sd/ C.R. M. Jackson

No 5

No 7

No 657 From A.R. Young Esquire To Und: Secy: to the Govt of India D/ the 24th Octr 1851

Home Dep: Leg:

Sir, With reference to the Despatch from the Honorable the Court of Directors in the Marine Department No. 3 of 1849 dated the 5th September , I am directed to forward for submission to the Most Noble

Secy to Govt of Bengal of 26th Oct 1849 Secy Do_______ Do_____of 19th March 1850 & Enclos: Min. by the Honble Mr. Jackson D/23rd Inst. *

the Governor General copies of the papers noted In the *margin together with the Draft of an “Act for defraying to cost of a Light House on Pedra

Branca”. 2nd

The tonnage duty an shipping was authorized by the Honble Court

to be levied as soon as a light was exhibited on the Island rock above *20th Ulto

named, as it appears from the accompanying copy of a *communication from the Governor of the Straits Settlements that the light in question would be exhibited from the 15th Instt, the President in Council has deemed it expedient under the urgency of the case, to anticipate the Govr. Genl’s assent and to authorize the publication at once of the draft act in the form in which it was this day read in Council.

Fort William

I have the honor to be &ca

the 24th Octr.

Sd/ A.R. Young

1851

Und: Secy to the Govt. of India

No 563 From

No 8

T. J. Halliday Esqr Secy: to the Govt of India Coll W. J. Butterworth

To

Govr of Prince of Wales Island, Singapore and Malacca. Sir,

Home Dep: Leg:

With reference to your letter No. 22 of the 13th Feby. 1850 to the address of the Secretary to the Govt of Bengal, I am directed to forward the accompanying Act “for defraying the Cost of a Light House on Pedra Branca”, and to request that you will favor the Supreme Govt. with such observations or suggestions on its provisions as may appear to you to be necessary. Fort William

I have the honor to be &ca

The 24th October 1851

Sd/ F.J. Halliday Secy: to the Govt. of India

No. 9

No 405 From

Sir H.M. Elliot K.C.B. Secy: to the Govt of India with the Governor General

To

F.J. Halliday Secy: to the Govt. of India Home Departt Calcutta D/ Camp Jagadree the 12th Novr 1851

Home Dep:

Sir, I am directed to acknowledge the receipt of Mr. Under Secretary Young’s letter No 657 dated 24th Ultimo, submitting papers and a Draft Act for defraying the cost of a Light House on Pedra Branca by levying a tonnage duty on Shipping and in reply to convey to you the assent of the Most Noble the Governor General to the publication of the Draft Act. Camp Jugadree

I have the honor to be &ca

The 12th Novr 1851

Sd/ H. M. Elliot Secy: to the Govt of India with the Govr Genl

No 10

Extract of a letter from the Governor of Prince of Wales Island Singapore and Malacca to the Secy. to the Govt. of India Dated the 1st November 1851 No. 42

8th. X

To the Govt of Bengal

I beg on conclusion to suggest, that the Draft Act, submitted with

my letter under date the To the Govt. of Bengal 13th July 1850. No. 22x for the levy of Light dues, may have early publication, should it have received the approbation of the Most Noble the Governor General in Council with a view of meeting the above expense, and that which will be incurred for the Establishment of the Light Ship, on the 2 ½ fathom bank, in the Straits of Malacca, the only alteration I have to propose is that the rate of Light dues should be raised to three cents of a Dollar per ton, for all square rigged vessels, on the principle laid down on the 2nd Clause of the aforesaid Draft Act.

No. 50 From

The Governor of Prince of Wales Island Singapore and Malacca

To

F.J. Halliday Esqr. Secy: to the Govt. of India, Fort William D/ Singapore the 17th Novr 1851

Sir, I have the honor to acknowledge the receipt of your letter under date the 24th Ultimo giving order to Draft Act for defraying the cost of the Light House on Pedra Branca, and requesting me to forward any observations or suggestions that I may have to offer thereon. The Draft Act has received my best attention, and appears to compass the object desired, but I should mention, that it will be necessary, as intimated in my letter of the 1st Instt No. 42, to raise the tonnage Dues from two and a half to three cents, per ton, for the purpose of on meeting the expense of the Floating Light on the 2 ½ Fathom Bank. There is a trifling error which I may mention, although its is of little moment, I allude to the word “Pedro” this ought to be “Pedra”, meaning

No. 11 Encl. No 849 of 1851

a stone, in Portuguese by which nation, I doubt not, the rock was first discovered. I fear the mistake has originated with the copyist in my office.

Singapore The 17th Novr 1851

I have the honor to be &ca Sd W.J. Butterworth Governor

Genl No 885 of 1851

No. 57 From

The Offg. Governor of Prince of Wales Islands Singapore and Malacca

No. 11A

To

F.J. Halliday Esqr Secy: to the Govt. of India, Fort William D/ The 11th Decr 1851

Sir, I have the honor to enclose a memorial addressed to the Honble the President of the Council of India -

- by the Chamber of Commerce

of Singapore, forwarded to me through the Resident Councilor of that Station, copy of whose letter to my address is herewith enclosed. 2nd.

I agree with Mr Church in thinking that no material limitation of

funds will arise from the number of Vessels passing on, that would otherwise have anchored at Singapore for refreshments. Its is not likely that such Vessels in order to avoid the small charge for Light House funds, would go out of the way to call at either of the other stations for such refreshments. Neither do I think that the particular Vessels, alluded to by the Chamber of Commerce, as having come from California, would have gone on to Penang, or to Malacca, to avoid the Light House toll.

3rd.

If it should be found hereafter, that numerous vessels pass

Singapore, without anchoring purposely to avoid payment of the Light House toll, measures may be adopted to obtain payment from them. I think with Mr Church that to make the Light House dues payable at the Ports of India, would be a cause of endless trouble and perplexity. 4th.

The last proposition of the Singapore Chamber of Commerce,

would be deserving of attention, if the funds derived from the operation of that Act, were limited to Pedra Branca Light House, but as it is in contemplation, to have a floating or other Light, on the sands in the Straits, the vessels sailing between Penang and Singapore will benefit there from most materially. P.W. Island The 11th Decr 1851

I have the honor to be &ca Sd/ E.A. Blundell Offg Governor

No. 155 of 1851 From

No 11B Enclosure

The Honble T. Church Resdt Councillor at Singapore

To

The Honble The Offg. Governor P. W. Island Singapore and Malacca D/ Singapore the 6th September 1851

Sir, I have the honor to forward the accompanying memorial from the Chamber of Commence, addressed to the Honble the President in Council, on the subject of the Draft of a proposed act “for defraying the Cost of a Light House at Pedra Branca”. 2nd.

The Chamber request the Memorial may be transmitted to its

destination by an early opportunity. 3rd.

The Draft Act was well considered previous to its transmission to

Calcutta. Colonel Butterworth I know conferred with and consulted several influential Merchants at the time and Members of the Chamber of Commerce, the Records in your Honor’s office furnish all particulars. 4th.

I do not apprehend any material diminution in the amount of the

Fund to be derived, by reason of vessels passing the Port, the dues are

comparatively small, and less than the expense, and delay of touching at either of the Ports in the Straits, particularly Penang. 6th.

It is scarcely possible to frame an Act to embrace every

conceivable case, the more simple and short the better, to make the Light House dues payable at the Presidencies would cause perplexity and trouble to parties. Singapore

I have the honor to be &ca

The 6th Decr

Sd/ T. Church Resdt Councillor

1851 (True Copy) Sd/ E.A. Blundell

Offg Governor

Unto the Honorable the President of the Councillor of India in Council The Memorial of the Singapore Chamber of Commerce

Respectfully Sheweth. That your Memorialists regret to observe from the Draft of proposed Act “for defraying the cost of a Light House on Pedra Branca” that it is intended to confine the levy of the toll for defraying the expense of building the said Light House and maintaining a Light thereon, to vessels entering the Harbour of Singapore. That the light of Pedra Branca is not a local light, benefiting those vessels only which enter the harbour of Singapore but it is of advantage to all vessels passing the eastern entrance of Singapore, many of which do not visit the port, and it appears to your Memorialist that it is imposing a peculiar and unnecessary hardship on vessels resorting to Singapore, to make them bear the whole burden of supporting a Light or Lights from which they will not derive any exclusive benefit, and which will be equally serviceable to many other vessels, which under the provisions of the proposed Act, as now framed will be wholly exempted from the proposed toll.

No 11C Enclosure

That you Memorialists are apprehensive that the effect of this restriction will be injurious to the interest of Singapore by inducing vessels to avoid entering the harbour which otherwise would touch at Singapore, and that many vessels, although deriving benefit from the light will escape payment of the toll, thus materially diminishing the amount of the funds to be derived therefrom. That many vessels from or to ports in India bound to or from China and other places to the Eastward of Singapore, such as the large vessels carrying cotton, Opium Clippers &ca, to which the services of the Light House will be of peculiar value, will be exempt from the toll, as these vessels instead of touching at Singapore, as at present, for refreshments, will probably be induced to call at Malacca or Penang for the purpose. That as an example of the probable operation of the proposed mode of levying the toll, your Memorialists may mention that during the past month upwards of twenty large ships from California bound to India under Charter touched at Singapore, not one of which they are confident would have done so, had they been called upon to pay Light Dues, while they could have avoided the payment without inconvenience to themselves, by calling at Malacca or Penang instead of at Singapore, only proceeding direct on this course.

That your Memorialists respectfully but urgently suggest the expediency of the operation of the proposed toll being enlarged, so as to embrace not only vessels entering the harbour or roadstead of Singapore but also vessels clearing out from Indian Ports to places in China or to the Eastward of Singapore or arriving in Indian Ports from such places, as originally proposed in the Despatch of the Honble Court of Directors dated 5th Sep: 1849 authorizing the imposition of the toll; the existing Establishments at Indian Ports for the collection of duties of customs and other charges, affording the requisite facilities for collecting the light dues without additional expense to Govt. That you Memorialists beg to bring to the notice of your Honor in Council the hardship which will be inflicted on vessels trading between Singapore and places in the Straits of Malacca or India &ca in being made to pay a tax for the building and maintenance of the Light House Pedra Branca, from which they derive no benefit and your Memoralists therefore suggest that the levy of the proposed toll from such vessels should be suspended until one or more lights are established in the Straits of Malacca.

Your Memorialists pray that your Honor in Council will be pleased to take what has been above stated into your most favorable consideration. And your memorialists will ever pray &ca Signed in the name of the Singapore Chamber of Commerce.

Singapore The 2nd Decr 1851

Note. This transcription is prepared by the CSRU Team. It is only a working copy and should be re-checked once the document is selected for our case.

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