If any person or persons whosoever, shall, from and after the passage of this act, cast into the tide-way of the river Delaware, or into the river Schuylkill, from the lower falls thereof, to its junction with the river Delaware, any ballast, cinders, ashes, or any heavy article whatever, from any ship, vessel, steamboat, or wharf, he or they so offending, for every such offense, shall forfeit and pay a sum not exceeding one hundred dollars, to be sued for and recovered with costs of suit, before any alderman of the city, or justice of the peace¹ of the county of Philadelphia, or any court of record in this state, in the same manner and for the same uses as directed by the thirty-sixth section² of the act of assembly, entitled “an act to establish a board of wardens for the port of Philadelphia,” etc., passed twenty-ninth March, one thousand eight hundred and three: Provided, That the jurisdiction of the board of wardens of the port of Philadelphia,³ shall not extend on the river Delaware beyond the jurisdiction of the collector of customs for the district of Philadelphia, upon said river.