BRUCKLEBANK agt smith KB Trin term g to unload the ballast of a ship in haven  into a hopper that it may be convey out and cast into the ocean penal by Geo c  burr S c trespass against the defendant a justice of the peace for break and  enter the plaintiffs ship then float in the river tine and take a anchor d  count for take another anchor the defendant plead non culp on the trial at  Newcastle last SummerAssizes the jury find the defendant not guilty of all  except take the anchor in the first count and as to that theyfound a special  verdict videlicet that the plaintiff ship call the LeedsMerebant be float in  the tine a navigable river the plaintiff cause three tun of ballast belong to  that ship to be cast out of that ship into another vessel call a hopper with  Kenyon intent that the same shall not be cast upon the land but convey out to  the main sea to the depth of fourteen fathom at least and there be cast into  the water which be do accord in the high and open sea distant from any  navigable river haven c that information of all this be lie before the  defendant and he summon the plaintiff and convict he on his own confession c  and issue his warrant to distrain c both which be set out and the anchor be  take thereupon and not be replevied be sell at the end of five day for S and  the money pay half to the informer and the other half to the poor c that the  defendant be a justice of the peace and that due notice be give he of bring  this action c Mr win pro quer this question arise on Geo ill ch saint and d if  any master c shall unload any ballast c but on land where the tide never flow  c to forfeit c the title of the Act be for better preserve haven road c the  preamble recite that master of ship unload ballast either on shore or on the  side and below the usual full seamark to the obstruction of navigation clear  this be not within the spirit of the Act it be find to be cast into the main  oceanno obstruction of any harbour river c they have no right to lie Kenyon er  p it on other people land therefore it must be cast out of the ship into small  vessel as the hopper in this case and though this case seem within the letter  it can be within the irit of the Act the practice have be uniform as here ever  since and epn c Kenyon serjeant pool e content iferethe word be express and  the negative shall not take away the right the subject have before Even a  prescription can stand against the force of they   light here may be a  consequential damage to the river by wash in with the tide stand for another  argument in Michaelmas term this case be again speak to by Mr Clayton p quer  and Mr Norton be go to argue for the defendant but the court prevent he be of  opinion already with his client they say the word of the Act be express and  the plaintiff must not pretend to be wise than the law if his method by the  hopper be a improvement be must apply to the legislature to repeal the Act c  as to move it from one ship to another that be not within the Act because not  throw away but use the ballast c judgement pro deft