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7 & 8 Geo. IV. c. lxxv.

4 Geo. II. c. 24.

s. 2.

Second, intituled An Act to explain and amend a Clause in an Act passed in the Second Year of His Majesty's Reign (for making more effec tual several Acts relating to Watermen, Wherrymen, and Lightermen rowing on the River Thames), so far as the same relates to Ferry-boats and Flat-bottomed Boats:' and whereas an act was made in the tenth year of the reign of his said majesty king George the Second, intituled 10 Geo. II. c. 31. An Act for regulating the Company of Watermen, Wherrymen, and Lightermen rowing on the River Thames, between Gravesend, in the County of Kent, and Windsor, in the County of Berks: and whereas ar act was made in the thirty-fourth year of the reign of his late majesty kin 34 Geo. III. c. 65. George the Third, intituled An Act for better regulating and governing the Watermen, Wherrymen, and Lightermen upon the River of Thame between Gravesend and Windsor ;' and thereby the court of lord mayo and aldermen of the city of London were empowered to make rules orders, and constitutions for the better government and regulation o watermen, wherrymen, and lightermen upon the said river Thames, be tween Gravesend and Windsor, and to alter, repeal, and make void th same, or any of the rules, orders, or constitutions then in force, i manner and with the approbation therein mentioned: and whereas by act passed in the twenty-ninth year of the reign of king Charles th 29 Car. II. c. 7, Second, intituled An Act for the better Observation of the Lord's Da commonly called Sunday,' it was enacted, that no person or persons shoul use, employ, or travel on the Lord's day with any boat, wherry, lighte or barge, except it were upon extraordinary occasion, to be allowed b some justice of the peace of the county, or head officer, or some justice the city, borough, or town corporate where the fact should be committed upon pain that every person so offending should forfeit and lose the sur of 5s. for every such offence: and whereas the purposes of the said i part recited acts would be better effected if the watermen, wherrymen, an lightermen on the river Thames, at and between Windsor aforesaid an Yantlet Creek, in the county of Kent, were incorporated, and the sever laws respecting them were consolidated and amended;" it is enacted "That from and immediately after the first day of August next after th passing of this act, all the several in part recited acts of the sixth year o the reign of king Henry the Eighth, the second and third years of the reign of king Philip and queen Mary, the first year of the reign of kins James the First, the eleventh and twelfth years of the reign of king Wil liam the Third, the fourth year of the reign of queen Anne, the second fourth, and tenth years of the reign of king George the Second, and the thirty-fourth year of the reign of his said late majesty king George the Third, and also so much of the said in part recited act of the twentyninth year of the reign of king Charles the Second, as prevents any person or persons from using, employing, or travelling on the Lord's day with any boat, wherry, lighter, or barge, or imposes any penalty or punishment for so doing, shall be, and the same respectively are hereby repealed." Sect. 2. The repeal of the said several hereinbefore in part recited acts acts not to revive shall not revive any acts of parliament, or any part or parts of any acts of any acts repealed parliament, which have been altered or repealed by the said several hereinbefore in part recited acts respectively, or any of them."

Recited acts of 6 Hen. VIII.,

2 & 3 P. & M.,

1 Jac. I.,

11 & 12 Will. III., 4 Anne, 2 Geo. II.,

4 Geo. II., 10 Geo. II.,

34 Geo. III., and 29 Car. II. c. 7., as prevents tra

so much of

velling by water on Sunday, repealed.

Repeal of recited

by them.

Limits of this act.

Company incorporated (a).

Sect. 3. "This act and the several provisions thereof shall extend and be construed to extend to all parts of the river Thames, from and opposite to and including the town of New Windsor, in the county of Berks, to and opposite to and including Yantlet Creek, in the county of Kent, and to all docks, canals, creeks, and harbours of or out of the said river, so far as the tide flows therein."

Sect. 4. "From and after the said first day of August next after the passing of this act, the said company of watermen, wherrymen, and

(a) See the Conservators of River Tone v. Ash and others, (10B. & C. 349); Company of Proprietors of Bridgewater

and Taunton Canal Navigation v. Bluet, (Id. 393), as to what will constitute a corporation, &c.

lightermen shall be one body corporate, by the name and style of 'The 7 & 8 Geo. IV. Master, Wardens, and Commonalty of Watermen and Lightermen of the c. lxxv. River Thames,' and by that name shall have perpetual succession and a common seal, and shall and may sue and be sued."

consist.

Sect. 5. "The said company shall consist of the watermen, wherrymen, of whom the and lightermen, whose names have been registered by the overseers and company is to rulers of the said company, in pursuance of the said recited acts, or some of them, previously to the passing of this act, and who shall be called freemen of the said company, and of such other persons as shall be admitted freemen of the said company as hereinafter is mentioned."

chase and hold

land.

Sect. 6. "It shall be lawful for the said company to purchase or hold Power to the lands, tenements, or hereditaments, to them, their successors, and assigns, company to purnot exceeding in the whole the yearly value of 1000l. at the time of the purchase or taking thereof, without incurring any of the penalties or forfeitures of the statutes of mortmain, and also to sell all or any of such lands, tenements, or hereditaments, and from time to time to purchase other lands, tenements, and hereditaments in lieu thereof."

and assistants appointed.

Sect. 7. "For better managing the affairs of the said company, there First court of shall be a court of master, wardens, and assistants, consisting of twenty- master, wardens, eir members; and that Francis Theodore Hay, John Drinkald, James Betts, Abraham Sanderson, Anthony Lyon, William Chapman, John Jackson, Robert Thompson, Joseph Turnley, Thomas East, John Banyon, Robert Banyon, William Easton, William Randall, Charles Hay, Daniel Neal, Henry Stanton, Charles James White, Thomas Hill, William Bradley, Thomas Gillet, James John Thompson, John Cracklow, James Watford, John Drew, and Francis Flower, be the first members of the said court, and shall continue members of the said court during their respective Tires, unless they respectively shall resign, or be removed in manner hereinafter mentioned."

Sect. 8. "One of the members of the said court shall be and be called First master and the master of the said company, and the said Francis Theodore Hay wardens appointed. thall be the first master of the said company, and shall continue in the said office until another master shall have been elected, and approved and urn in, as hereinafter is mentioned, unless he shall sooner resign or or cease to be a member of the said court; and that four other memben of the said court shall be and be called the wardens of the said pany, one of whom shall be called the senior warden, and the rening three shall be called the junior wardens, and that the said John Drinkald shall be the first senior warden of the said company, and the aid James Betts, Abraham Sanderson, and Anthony Lyon, shall be the first junior wardens of the said company; and the said four wardens respectively shall continue in their said respective offices until other wardens shall have been elected, and approved and sworn in, in their stead respectively, as hereinafter is mentioned, unless they respectively shall sooner resign, or die, or cease to be members of the said court."

Sect. 9. The said court of master, wardens, and assistants shall meet A quarterly court four times in every year; (that is to say,) on the first Tuesday after the to be held. 29th day of September, the 25th day of December, the 25th day of March, and the 24th day of June respectively, or on such other day within seven days thereafter as shall be appointed at any prior meeting; and every sach meeting shall be called a quarterly court for the affairs and business of the said company."

Sect. 10. "It shall be lawful for the said court to hold an extraordinary Extraordinary meeting whenever any quarterly or extraordinary court, or the major part courts may be of the members of the said court for the time being, shall think proper." held.

Sect. 11. "At every court of master, wardens, and assistants, the Appointment of master for the time being of the said company shall preside; and if he be chairman. unable from illness or any other cause to attend, the senior warden, if present, or, in his absence, one of the junior wardens, or if none of the junior wardens be present, then the senior member of the court who shall be present (the members named in this act, or in any election of two or

7 & 8 Geo. IV. c. lxxv.

Regulations as to quorum, and voting, &c., at courts.

Master and war

dens to be elected court, and to be

yearly by the

approved of by the court of mayor and alder

men.

Oath to be taken by the masters and wardens.

more members, being considered to have seniority according to the orde in which they are or shall be named) shall preside."

Sect. 12. "No business shall be transacted at any court unless thirtee members be present; and all business transacted at a court of thirteen more members shall be as valid in the absence of the master and warden or any of them, as if they were all present; and that all questions at an court shall be decided by the majority in number of the votes of th members present, and every member shall have one vote; and if on division there shall be an equal number of votes on each side, the sa master, warden, or other member presiding at such court shall have second or casting vote; and the proceedings of every court shall be er tered in a book to be kept for that purpose, and signed by the maste warden, or member who shall preside."

Sect. 13. "The quarterly court to be holden next after the first day June in every year, shall elect one of the wardens for the time being the said company to be the master of the said company for the ensuin year, and one other of the wardens or other members of the said cou to be the senior warden of the said company for the ensuing year, an three others of the wardens or other members of the said court to be th junior wardens for the ensuing year; and the master and wardens elected shall be presented to the then next court of mayor and alderme of the said city of London; and if the said court of mayor and alderme shall not approve of the warden elected master, or of the warden or me ber elected senior warden, or of the members elected junior wardens a aforesaid, or any of them, the said court of master, wardens, and assistant shall forthwith cause the clerk of the said company to summon an extra ordinary court, and proceed to elect, in the place of the person or person who shall not be approved of, another of the wardens to be master theres if the warden elected shall not be approved of, and another of the warden or members to be senior warden, if the warden or member elected shall no be approved of, and others or another of the members to be junior warden or warden, if the members elected junior wardens, or any of them, sha not be approved of, and shall present such persons or person elected a last aforesaid to the next court of mayor and aldermen of the said cit which shall be holden after the said last election, and so on until a master a senior warden, and three junior wardens, to be elected in manner afore said, shall be approved of by the said court of mayor and aldermen; and if none of the wardens shall be approved of by the said court of mayo and aldermen as master of the said company, the said court of master wardens, and assistants of the said company shall elect one other of the members of the said court to be the master of the said company, who shall in like manner be presented to the said court of mayor and alder. men for their approbation, and so on until the said court shall approve of a master elected as aforesaid; and, after such approval, the master and wardens so elected and approved shall, upon being duly sworn in as hereinafter is mentioned, become the master and wardens of the said company, and the former master and wardens respectively, if not reelected, shall go out of office; and the said master and wardens elected and approved as aforesaid shall continue in office until the quarterly cour to be holden next after the first day of June then next following, and from thence until some other persons shall be duly elected and approved of, and sworn in in their stead respectively, or they respectively resign, of die, or be removed from being members of the said court."

Sect. 14. "No master or warden hereby appointed, or to be elected and approved as aforesaid, shall act in the said office respectively until he shall, before the said court of mayor and aldermen, have taken the following oath; (that is to say,)

"I, elected and approved master [or "warden," as the case may be] of the Company of Watermen and Lightermen of the River Thames, do swear, that I will faithfully perform the duties of the said office to the best of

my power.

"So help me God."

master or war

Sect. 15. "When and so often as any master, or any one of the wardens 7 & 8 Geo. IV. of the said company, shall die or resign his office, or be removed from c. lxxv. being a member of the said court, as hereinafter is mentioned, during the On vacancies by continuance of his respective office, the said court of master, wardens, death, &c. of and assistants, shall, as soon as conveniently may be after such death, dens, others to resignation, or removal, elect one other of the said wardens or members be elected subject of the court of the said company to be master or warden, as the case may to the like ap probation. require, in the place of the master or warden who shall have died, resigned, or been removed; and the person so elected shall be presented, and when approved of sworn in to the said office in the manner hereinbefore directed, and shall continue in such office during such time as the person in whose place he shall be appointed would, according to the directions herein before contained, have continued in the said office."

any court for one

Sect. 16. "If any master, warden, or other member of the court of the Master, &c. negsaid company, shall without reasonable excuse, which shall be satisfactory lecting to attend to the said court of master, wardens, and assistants, neglect for the space year without perof one year to attend at any quarterly or extraordinary court of master, mission shall be wardens, and assistants, the next court shall remove him from being a member of the said court."

removed.

Sect. 17. "It shall be lawful for any court of master, wardens, and as- Members of the sistants, to remove any of the members of the said court for ill-government, court may be remisbehaviour, or other reasonable cause."

moved.

of the court.

Sect. 18. "When and so often as any of the members of the said court For the election shall die, or resign, or be removed, the said court of master, wardens, and of new members assistants shall elect from amongst the freemen for the time being of the said company such three persons as to them shall seem meet for supplying such vacancy; and the persons so elected, upon having received notice thereof in writing, signed by the clerk of the said company, left at their respective last or usual places of abode seven days before the time of such presentation, shall be presented to the next court of mayor and aldermen of the said city of London; and such court shall select from the three persons so presented to them such one as they shall most approve of, who shall thereupon become a member of the said court of the said company, and shall continue in the said office during his life, unless he shall resign or be removed therefrom as aforesaid: provided always, that whenever, In consequence of there being more than one vacancy in the said office of a member of the said court at the same time, other freemen of the said company (being three times the number required to fill such vacancies) hall be presented to the said court of mayor and aldermen, and the said art may select such of the persons presented to fill the vacant offices as they shall think proper, and shall not be obliged to select one of the three elected to supply each vacancy respectively.

Sect. 19. "No member of the said court shall act in the said office Oath to be taken until he shall, before the said court of mayor and aldermen, have taken by the members the following oath; (that is to say,)

1, do swear, that I will faithfully execute the office of a member of the Court of the Company of Watermen and Lightermen of the River Thames, d, during the time that I shall continue in the said office, to the best of my ifies assist and counsel the master and wardens of the said company for the Time being in all matters and things relating to the welfare of the said company. "So help me God."

66

of the court.

to serve to be sub

Sect. 20. If any person who shall be elected master, warden, or Persons refusing ember of the said court of the said company shall neglect or refuse to ject to a penalty, be presented to the said court of mayor and aldermen, or after he has and be liable to een presented to and approved of or selected (as the case may require) be elected again. by the said court shall neglect or refuse to take upon him or execute the said office, the person so refusing or neglecting shall forfeit and pay for every such default the sum hereinafter mentioned; (that is to say), if he hall have been elected master, the sum of 20%. of lawful money of Great Britain; if he shall have been elected warden, the sum of 157. of like law

VOL. VI.

Q

7 & 8 Geo. IV. c. lxxv.

ful money; and if he shall have been elected a member of the said court. the sum of 101. of like lawful money; and any sum so forfeited shall and may be recovered by the court of master, wardens, and assistants of the said company, by an action of debt, bill, plaint, or information, brought in the name of the clerk of the said company in any of his majesty's courts of record at Westminster, with full costs of suit, wherein no essoign privilege, protection, wager of law, or more than one imparlance, shall b allowed; and every person who shall duly serve the said respective office or make such default upon being elected thereto respectively as aforesai shall be liable to be again elected to the same office respectively at an future time or times, and on such refusal or neglect as aforesaid, withou reasonable excuse, satisfactory to the said court of master, wardens, an assistants of the said company, shall be from time to time subject to th same penalties, as often as he respectively shall be elected and make suc roviso as to mas- default as aforesaid: provided always, that no person shall be compelle ters and wardens. to serve the office of master or senior warden of the said company mor than once, or the office of junior warden of the said company more tha three times."

Clerk.

Oath to be taken by the clerk.,

Accounts to be

66

Sect. 21. The quarterly court to be holden in every year next aft the first day of June shall elect or re-elect a clerk of the said compan and any quarterly or extraordinary court of assistants may remove th said clerk, and on the death, resignation, or removal of any clerk, a cler shall be elected at the then next or some subsequent court; and Thom Shelton, gentleman, shall be the first clerk, and he shall continue in offic until the said quarterly court to be holden after the first day of Aug next after the passing of this act, or until another clerk shall be electe and sworn in his place, unless he shall sooner die, or resign, or b removed; and the said Thomas Shelton, and every person elected cler shall, before the court of master, wardens, and assistants, take t following oath; (that is to say,)

"I, do swear, that I will faithfully perform the office of Clerk of t Company of Watermen and Lightermen of the River Thames, to the best of a So help me God."

power.

And every clerk shall, previously to his entering into the execution of h said office, give security to the master and wardens for the time being with two sureties to be approved of by the court of master, wardens, an assistants, in the penalty of 500l., for the due execution thereof, and fo duly accounting for all monies to be received by him for the use of th said company by virtue of his said office."

Sect. 22. "The accounts of the said company shall be regularly kep kept by the clerk. by the said clerk under two distinct heads, and in different books, the on to be entitled the poor's accounts,' and the other to be entitled th company's accounts;' and that the said accounts shall be audited by th said court of master, wardens, and assistants, at their quarterly couT which shall be holden next after the first day of June in every year, or b a committee to be by them appointed for that purpose, consisting of no less than five members of the said court, or oftener if occasion sha require."

Clerk to summon

and be entitled to fees.

Sect. 23. "The said clerk shall summon or cause to be summone and attend courts every member of the court of master, wardens, and assistants, to atten every meeting of the said court, by causing a written or printed notice to be left at the usual places of abode of such members respectively, and shall attend every meeting of the said court, unless prevented by illnes or other reasonable cause, and shall receive, on the execution of inden tures of apprenticeship, and assignments thereof, and on the admission o freemen, such fees respectively, and also such salary, as the said cour of master, wardens, and assistants shall from time to time appoint."

Penalty on clerk

Sect. 24. "If the clerk of the said company shall refuse or neglect to for neglecting to register the name and place of abode or work of any freeman, or widow o a freeman, or the number of any wherry, boat, or other vessel, or the

register.

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