Page images
PDF
EPUB

c. lxxv.

or pile as aforesaid, or repairing or rendering legible any list, letters, or 7 & 8 Geo. IV. figures thereon respectively, as aforesaid, and any reward and costs payable by the said court, may respectively be recovered by action of debt, bill, plaint, or information, against the said master, wardens, and commonalty, in any of his majesty's courts of record at Westminster, with full costs of sait, wherein no essoign, privilege, protection, wager of law, or more than one imparlance, shall be allowed."

to be defrayed by a quarterage.

Sect. 65. "For providing a fund to defray the expenses of erecting and Expenses of maintaining the said boards with the fares painted thereon, and the posts boards and posts and piles denoting distances, and the payment of rewards and costs on the conviction of offenders, it shall be lawful for the said court of master, wardens, and assistants to fix and appoint, from time to time, a quarterage or sum of money, not exceeding in amount the sum of 4s. in any year, to be paid by every freeman of the said company at Waterman's Hall, at the same time as any quarterage for the maintenance of the said company shall be payable; and if any freeman of the said company shall neglect or refuse to pay such quarterage or sum of money for the space of three calendar months next after the time to be appointed for payment thereof, such freeman shall be disfranchised, and shall not be allowed to work, row, or navigate any wherry, boat, or other vessel, or to enjoy any of the privileges of a freeman of the said company, until he shall have paid all arrears thereof."

and by-laws.

Sect. 66. “The said court of master, wardens, and assistants shall cause Watermen to a list of the fares limited or fixed and allowed from time to time as afore- carry a list of fares sad, together with such (if any) of the provisions contained in this act, Lid of the by-laws for the time being made or altered by the said court, and by the said court of mayor and aldermen, or either of them, relating to the conduct of the watermen when plying for hire, as the said court of mayor and aldermen shall think proper, to be printed on a card, or otherwise, as the same court shall think fit and direct, and shall cause a copy hereof to be given gratis to every freeman of the said company, upon payment of his quarterage, and shall furnish copies thereof to every such Preman upon payment of the sum of 1s. for a dozen copies, and so in portion for a less number; and every freeman or apprentice shall have 1 copy thereof in his boat; and if any freeman or apprentice shall not be le, or shall refuse to produce the same to any person by whom a fare tali be payable, or shall produce a false copy thereof, or shall not permit person to examine the same, then, and in any such case, every such person or passenger is hereby discharged from paying his or her respective fare or passage-money; and the freeman or apprentice so offending shall For every such offence forfeit and pay any sum not exceeding 51.”

[ocr errors]

men avoiding or

Sect. 67. "If any freeman of the said company, or any apprentice, who Penalty on wateror shall be at any stairs or plying-place within the limits of this act, refusing to take a all wilfully avoid or attempt to avoid any fare, or passenger or passen- fare; gers, coming to or being at such stairs or plying-place for the purpose of Making a boat or wherry, or shall omit or neglect to ply, or refuse or omit to take such fare, or passenger or passengers, inquiring for or desirous of taking such boat or wherry, or shall say or represent that he is hired engaged, when he is not so hired or engaged, or shall not answer when called by the number or numbers of his or their boat or wherry; en, and in any such case, every such freeman or apprentice so fending shall forfeit and pay for every such offence any sum not exceed

[ocr errors]

refuse or delay to

Sect. 63. "If any freeman of the said company, or any apprentice, shall or having plied ply any fare, or passenger or passengers, and afterwards refuse to take any fare, shall ach fare, or passenger or passengers, to such place or places as he, she, proceed as dithey shall direct, or shall unnecessarily delay any fare, or passenger or rected. passengers, by not bringing up his boat or wherry for the fare, or passenger or passengers, to get into the same, or shall continue at the stairs or causeway, after such fare, or passenger or passengers, is or are in his boat or wherry, or shall not proceed with due diligence and exertion, and without wilful let or hindrance, to such place or places as the said fare, or

7 & 8 Geo. IV. c. lxxv.

Penalty on watermen preventing persons reading

the names or

fusing to state

their names, or using abusive language.

passenger or passengers, shall lawfully direct; then, and in every such case, every such freeman or apprentice so offending shall for every such offence forfeit and pay any sum not exceeding 51.”

Sect. 69. "If any freeman of the said company, or any apprentice, o any other person whomsoever, shall refuse to permit or suffer any person or persons to read, or shall in anywise hinder any person or persons from numbers, or re- reading, the name and number painted on any wherry, boat, or vessel, a aforesaid, or if any such freeman or apprentice shall refuse to tell hi christian or surname, or the number of his boat, to any person or person who shall demand the same, on being paid any fare or price, or shall, answer to such demand, give a false name or names, or number, or shal make use of any scurrilous or abusive language to any passenger or per son; then, and in every such case, every such freeman or apprentice, an other person so offending, shall forfeit and pay for every such offence an sum not exceeding 57."

Saving the powers of the master,

mariners.

Sect. 70. Provided, "That nothing in this act contained shall extend t abridge or alter any of the powers or authorities vested in the master House inlicensity wardens, and assistants of the Trinity House of Deptford Strond, in an by an act of parliament made and passed in the eighth year of the reig of queen Elizabeth, intituled, 'An Act concerning Sea-marks and Mari ners;' nor shall any mariner or mariners, licensed or to be licensed b the said master, wardens, and assistants of the Trinity House, to row o use any boat or wherry on the said river Thames, or any of the men em ployed by the said master, wardens, and assistants of the Trinity House, rowing or using any ballast lighters or boats on the said river, be subject, b reason of any matter, clause, or thing herein contained, to the rules, orders or government of the said court of mayor and aldermen, or of the sa master, wardens, and assistants of the said company, or to any penalty imposed by this act, except as hereinafter is mentioned."

Corporation of the

Trinity House to

have the same power to make

by-laws for their

mariners, as is vested in the

court of aldermen with respect to watermen.

Copy of intended by-laws and alter

ations of the Trinity House to be sent to the town clerk of

London and the

Watermen's

Company, thirty

days before allowed by the judges.

Mariners licensed by the Trinity House to be limited to the same fares as watermen.

Sect. 71. Provided, "That the said master, wardens, and assistants the Trinity House of Deptford Strond shall have such and the like power and authority to make and set down in writing, alter, amend, repeal, and make void, rules and by-laws for the government and regulation of the mariners licensed or to be licensed by them, and the men employed by them on the said river, and the boats, vessels, and other craft to be rowed and worked by such mariners and men, as is hereinbefore given to the said court of mayor and aldermen with respect to the government and regulation of the freemen of the said company, and their widows and ap prentices; and such rules or by-laws shall be approved or altered, and advertised, in the like manner as is hereinhefore required with respect to the rules or by-laws to be made by the said court of mayor and aldermen." Sect. 72. Provided, "That when and as often as any rules or by-laws shall be made or altered by the said master, wardens, and assistants of the Trinity House as aforesaid, a copy of such intended rules and by-laws, or alterations, shall be sent to and left with the town-clerk of the city of London, or at his office, and another copy thereof with the clerk for the time being of the said company, or at Waterman's Hall, for the perusal of the said court of mayor and aldermen, and the said court of master, wardens, and assistants respectively, at least thirty days before the same shall be allowed by the justices or barons aforesaid, or any one or more of them as aforesaid, in order that the said court of mayor and aldermen, and the said court of master, wardens, and assistants, or either of them, may submit their objections (if any) to such intended rules and by-laws, or alterations, to the consideration of the said justices or barons, or any one or more of them, who shall have been requested as aforesaid to peruse and examine the same, before such intended rules, by-laws, or alterations shall be allowed, as aforesaid."

Sect. 73. Provided, "That the prices or fares to be limited and fixed by the said court of mayor and aldermen, and allowed and advertised as aforesaid, shall be binding upon the mariners licensed or to be licensed by the said master, wardens, and assistants of the said Trinity House; and they shall be subject to the like penalties for demanding and taking

more than such prices or fares as are hereby inflicted on the freemen of 7 & 8 Geo. IV. the said company for the like offence."

c. lxxv.

Lord mayor, al

dermen, &c.

apprehend water

sonment.

Sect. 74. In case any freeman of the said company, or any apprentice or other person or persons, shall offend against this act, or any rules r by-laws which shall be made by the said court of mayor and aldermen, may summon and or by the said court of master, wardens, and assistants, or by the master, men and others, wardens, and assistants of the said Trinity House, and respectively and punish them approved in pursuance of this act, it shall be lawful for the said lord by fine or imprimayor, recorder, or any one alderman of the said city of London, or for any justice of the peace for the respective counties and places next adjoining to the said river of Thames, at and between Yantlet Creek and Windsor, and every of them, within his several and respective jurisdicton, and for any justice of the peace acting in and for the corporation, ages, and parishes of Gravesend and Milton within his jurisdiction which shall include for the purposes of this act any part of the said river between Broadness Point, in the Northfleet Hope, in the said county of Kent, and Yantlet Creek aforesaid), and he respectively is hereby required, upon complaint made of any such offence or misbehaviour Committed within his said respective jurisdiction, within thirty days after the commission of any such offence or misbehaviour, to cause the offender or offenders to be summoned personally, or by leaving such summons at his, her, or their last or usual respective place of abode, to appear and answer the said complaint; and if any freeman, apprentice, or other persun, being duly summoned as aforesaid, shall refuse or neglect to appear and answer to any complaint or complaints made against him, her, or them, for any offence or offences committed by him, her, or them against

act, or the said rules or by-laws, or any of them, it shall be lawful far the said lord mayor, recorder, alderman, or justice respectively, in his espective jurisdiction as aforesaid, to issue his warrant for apprehending ach freeman, apprentice, or other person, upon oath being made of the service of such summons, and to cause the party so offending or misbeing to be brought before him; and the party accused being before such ard mayor, recorder, alderman, or justice respectively, either by means such summons or of such warrant or warrants, as aforesaid, he respecvely is hereby authorized and required to examine upon oath the comant, or any witness or witnesses, touching such offence or misbehaFar; and, if the party or parties accused shall be convicted of any such ace or misbehaviour, either by his, her, or their own confession, or by 2e oath or affirmation, if a Quaker, of the complainant, or of one or more redible witness or witnesses, it shall be lawful for the said lord mayor, recorder, alderman, or justice respectively, to impose a fine upon such Sender or offenders for the said offence, not exceeding the penalty or penalties inflicted or to be inflicted by this act, or the said rules or byaws to be made and approved of, as aforesaid, or any of them; and if the person or persons so convicted shall not forthwith pay the penalty or forfacture so imposed upon him, her, or them, it shall be lawful for the said ed mayor, recorder, alderman, or justice, and he is hereby required, by Warrant under his hand and seal, to cause the same to be levied, together With the costs attending the information, summons, warrant and convic, by distress and sale of the goods and chattels of the party offending, the overplus (if any,) after such penalty or forfeiture and costs, and Le charges of such distress and sale, are deducted, shall be returned upon Gemand unto the owner or owners of such goods and chattels; and in

such penalty or forfeiture and costs shall not be forthwith paid upon Conviction, then it shall be lawful for such lord mayor, recorder, alder, or justice, to order the offender or offenders so convicted to be dened and kept in safe custody until return can be conveniently made to ich warrant of distress, unless the offender or offenders shall give sufficent security, to the satisfaction of such lord mayor, recorder, alderman, or justice, for his or their appearance on such day or days as shall be appointed for the return of such warrant of distress, such day or days

7 & 8 Geo. IV. c. lxxv.

Constables not to
take watermen,
&c. out of their

not being more than seven days from the time of taking any such secu rity, and which security the said lord mayor, recorder, alderman, or jus tice, is hereby empowered to take by way of recognizance, or otherwise; but if, upon the return of such warrant, it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for such lord mayor recorder, alderman, or justice, and he is hereby authorized and required, by warrant or warrants under his hand and seal, to cause such offende or offenders to be committed to the common gaol or house of correction of the city, county, liberty, or place where the offender shall be or reside there to remain without bail or mainprize for any time not exceeding tw calendar months, unless such penalties and forfeitures and costs, an all reasonable charges attending the same, shall be sooner paid and satisfied."

Sect. 75. Provided, "That no constable or other officer shall, by virtu of any such warrant, apprehend or take any freeman, or apprentice, o boats, till moored. mariner, out of any boat or craft which they respectively may happen to b on board of, rowing or navigating, until such boat or craft shall be safel moored, unless there shall be sufficient hands on board to row, or nav gate, or take care thereof; and notice of this provision shall be inserte in every such warrant for the information of the constable or other office who may have the execution thereof."

Lord mayor, &c.

sons refusing to pay their fare, and order payment, &c.

Sect. 76. "If any person or persons shall refuse to pay any freeman to summon per- the said company, or any apprentice, or any mariner, licensed or to b licensed by the said corporation of Trinity House, as aforesaid, the mone justly due to him or them for carrying any such person or persons in hi boat or boats, according to the fares or prices which shall be fixed, allowed and published, as aforesaid, it shall be lawful for the said lord mayor recorder, or any alderman or justice, as aforesaid, within whose jurisdic tion as aforesaid such refusal shall be made, and he is hereby required upon complaint made of any such refusal, to summon such person persons to answer the said complaint, by causing such summons to b served personally, or by leaving the same at his, her, or their last or usua respective place of abode; and if any person or persons, being duly sum moned, as aforesaid, shall refuse or neglect to appear and answer to any complaint or complaints made against him, her, or them, for refusing any such payment as last herein before is mentioned, it shall be lawful for the said lord mayor, recorder, alderman, or justice respectively, in his re spective jurisdiction as aforesaid, and he is hereby required, to issue his warrant for apprehending such person or persons, upon oath being made of such his, her, or their refusal, as aforesaid, and service of such summons, and to cause the party or parties so offending to be brought before him or them; and the party or parties accused being before such lord mayor, recorder, alderman, or justice respectively, either by means of such summons or of such warrant, as last hereinbefore is mentioned, he respectively is hereby authorized and required, upon due proof made of such refusal of payment unto any freeman, or apprentice, or mariner, of the money justly due to him for carrying the person or persons accuse in his boat or boats, upon oath or upon confession of the party or parties to order payment of such sum or sums of money which any such freeman, or apprentice, or mariner, shall appear to be entitled to, and also to award reasonable satisfaction to be made to him or them for his or their loss of time and costs, in the discretion of the said lord mayor, recorder. alderman, or justice respectively; and if the said person or persons so offending shall not pay such sum or sums of money, and make such reasonable satisfaction (if awarded) as aforesaid, it shall be lawful for the said lord mayor, recorder, alderman, or justice respectively, to commit the person or persons so refusing to some prison within the said city of London, or the said several counties or places adjoining to the said river of Thames, there to remain for any space of time not exceeding one calendar month, unless the sum or sums of money ordered and awarded as aforesaid shall be sooner paid."

fictitious names,

Sect. 77. "If any person or persons shall refuse to pay any such free- 7 & 8 Geo. IV. man, or apprentice, or mariner, the money demanded by him or them for c. lxxv. carrying any such person or persons in his or their boat or boats, and Persons refusing hall also refuse to give to such freeman, or apprentice, or mariner, upon to give their demand, the name or names, place or places of abode of him, her, or names, or giving them so refusing, or instead thereof shall wilfully give any false name or to be punished.' names, place or places of abode, for the purpose of preventing him, her, or them from being summoned as aforesaid, every person refusing to make such payment, or to give his or her real name or place of abode, or giving such false or fictitious name or place of abode as aforesaid, shall for every such offence forfeit and pay any sum not exceeding 57.; and such offender or offenders shall or may thereupon be summoned, and otherwise proceeded against, not only for the recovery of the money justly due to such freeman, or apprentice, or mariner, and reasonable satisfaction for his or their loss of time and costs, but also for enforcing the payment of the penalty or forfeiture lastly hereinbefore inflicted, in such and the same manner, and in all respects as is hereinbefore mentioned and directed for the recovery of money due to any freeman or apprentice, or mariner, for carrying any person in his boat, and of such reasonable satisfaction as aforesaid."

tion by lord

Sect. 73. "Every lord mayor, recorder, alderman, or justice, before Form of convicwhom any person shall be convicted of any offence against this act, or any mayor, &c. such rules or by-laws as aforesaid, may cause the conviction to be drawn ap in the following form of words, or in any other form of words to the Me effect (that is to say);

Be it remembered, that on the
year of our Lord

day of

in the to wit. A. B. is convicted before me, as the case may be], lord mayor, recorder, or alderman of the city of London, one of his Majesty's justices of the peace for the county, or incorporated lages and parishes of Gravesend and Milton, for [here set forth the offence], tantrary to an act passed in the eighth year of the reign of king George the Fourth, intituled [here set forth the title of this act], or some rule or by-law made as therein is mentioned; and I do adjudge him to pay and forfeit for the me the sum of being the penalty by him forfeited, and also the sum for loss of time and costs [if awarded, as the case may be], or to be , for the space of Given under my hand and seal,

mitted to

The day and year aforesaid."

pany to hear and

watermen and

Sect. 79. "In case any freeman, or the widow of any freeman, or any Members of the apprentice of a freeman, or of the widow of a freeman of the said company, court of the comall make complaint to the said master, wardens, and assistants, for the determine comme being, of the said company, or any two or more of them, against any plaints between her such freeman, widow, or apprentice, for any offence or misbehaviour watermen. against this act, or any of the said rules or by-laws to be made and approved of as aforesaid, it shall be lawful for the said master, wardens, and Assistants, or any two or more of them (as well as for the said lord mayor, recorder, alderman, or justice, respectively hereby authorized as aforesaid), nd they are hereby required to hear and determine concerning any such fence or misbehaviour, and convict the offender, as hereinafter is mentioned and directed (that is to say); in every such case it shall be lawful for the said master, wardens, and assistants, or any two or more of them, upon Complaint made by any such freeman, widow, or apprentice, as aforesaid, of any such offence or misbehaviour, within thirty days after the commission thereof, to cause the freeman, widow, or apprentice, offending as aforesaid, to be summoned personally, or by leaving such summons at his, ber, or their last or usual place of abode, to appear and answer to the said complaint, and the party accused being before the said master, wardens, and assistants, or any two or more of them, to hear and examine upon oath the complainant, or any witness or witnesses, touching such offence or misbehaviour, and determine concerning the same; and if the freeman, widow, or apprentice accused shall be convicted of any such offence or misbehaviour, it shall be lawful for the said master, wardens, and assistants, VOL. VI.

R

« PreviousContinue »