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7 & 8 Geo. IV. 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 tri calendar months, unless such penalties and forfeitures and costs, ani all reasonable charges attending the same, shall be sooner paid an
satisfied." Constables not to Sect. 75. Provided, “ That no constable or other officer shall, by virto take watermen, of any such warrant, apprehend or take any freeman, or apprentice, o &e, out of their boats, till moored, ma
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 safe! 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 ofice
who may have the execution thereof." Lord mayor, &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 sons refusing to pay their care, licensed by the said corporation of Trinity House, as aforesaid, the mode and order pay justly due to him or them for carrying any such person or persons in hi ment, &c.
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 mayo: 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 o persons to answer the said complaint, by causing such summons to be served personally, or by leaving the same at his, her, or their last or usuz 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 act complaint or complaints made against him, her, or them, for refusing any such payment as last hereinbefore is mentioned, it shall be lawful for the said lord mayor, recorder, alderman, or justice respectively, in his te spective jurisdiction as aforesaid, and he is hereby required, to issue his warrant for apprehending such person or persons, upon oath being mad 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 loru mayor, recorder, alderman, or justice respectively, either by means o such summons or of such warrant, as last hereinbefore is mentioned, be respectively is hereby authorized and required, upon due proof made o such refusal of payment unto any freeman, or apprentice, or mariper, o 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 free man, 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 sa offending shall not pay such sum or sums of money, and make such ressonable 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.”
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 p.
Persons refusing shall 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
fictitious names, them so refusing, or instead thereof shall wilfully give any false name or to be punished. Izmes, 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 giring such false or fictitious name or place of abode as aforesaid, shall for every such offence forfeit and pay any sum not exceeding 5l.; and such offender or offenders shall or may thereupon be summoned, and otberwise proceeded against, not only for the recovery of the money justly due to such freemad, 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, of mariner, for carrying any person in his boat, and of such reasonable satisfaction as aforesaid.” Sect. 73. "Every lord mayor, recorder, alderman, or justice, before Form of convic
tion by lord whon 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 up in the following form of words, or in any other form of words to the samme effect (that is to say);
| Be it remembered, that on the day of , in the to vit.
year of our Lord A. B. is convicted before me, u the case may be), lord mayor, recorder, or alderman of the city of London, er one of his Majesty's justices of the peace for the county, or incorporated talleges 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 on the sum of being the penalty by him forfeited, and also the sum V for loss of time and costs (if awarded, as the case may be], or to be
anitted to for the space of . Given under my hand and seal, the day and year aforesaid." Sect. 79.“ In case any freeman, or the widow of any freeman, or any Members of the
court of the comapprentice of a freeman, or of the widow of a freeman of the said company,
pany to hear and ball make complaint to the said master, wardens, and assistants, for the determine comtre being, of the said company, or any two or more of them, against any plaints between
watermen and other such freeman, widow, or apprentice, for any offence or misbehaviour water against this act, or any of the said rules or by-laws to be made and apptured of as aforesaid, it shall be lawful for the said master, wardens, and Lestants, or any two or more of them (as well as for the said lord mayor, recorder, alderman, or justice, respectively hereby authorized as aforesaid), and they are hereby required to hear and determine concerning any such cience 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 sad 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, Bet, 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,
Till 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, of apprentice accused shall be convicted of any such offence or misbeAaviour, it shall be lawful for the said master, wardens, and assistants, Vol. VI.
7 & 8 Geo, IV.
or any two or more of them, and they are hereby required, to impose a
or any two or c. lxxv.
fine upon such offender for the said offence or misbehaviour, not exceeding the penalty or penalties inflicted or to be inflicted by this act, or the said rules or by-laws to be made and approved of as aforesaid, or any of them; and if the freeman, widow, or apprentice convicted, shall not forthwith pay the penalty or forfeiture so imposed upon him, her, or them, it shall be lawful for the said lord mayor, recorder, or any alderman or justice, a aforesaid, within whose jurisdiction, as aforesaid, the said offence or mis behaviour shall have been committed, and he is hereby required, upo! production to him or them respectively, of such conviction drawn up i writing, to issue his warrant for apprehending such freeman, widow, ( apprentice, and to cause such penalty or forfeiture to be paid or raised, i to commit the party convicted, in the same manner in all respects hereinbefore is expressed with respect to any party who shall be convicti by or before the said lord mayor, recorder, alderman, or justice respe tively: and such conviction by the said master, wardens, and assistant or any two or more of them, shall be drawn up in the following form
words, or in any other form of words to the same effect (that is to say) Form of convic. "
Be it remembered, that on this day of , in tion by the court to wit. § year of his Majesty's reign, A. B. is convicted before of master, war
[describe the master, wardens, or assistants, as the case may be], of the Con dens, &c.
pany of Watermen and Lightermen of the river Thames, for [here set forth offence] ; and we do adjudge him to pay and forfeit for the same the s
. Given under our hands and seals, the day and year for said."
Penalty on per
Sect. 80. Provided “ that if any party summoned by the said maste sons summoned wardens, and assistants, or any two or more of them, shall refuse or ne not appearing
lect to appear and answer the complaint made against him or her, witho assigning a reasonable cause for such refusal or neglect, to be allowt by the said master, wardens, and assistants, or any two or more of the he or she shall, for such refusal or neglect, forfeit and pay any sum
money not exceeding 20s." Jurisdiction of Sect. 81. Provided " that the jurisdiction or authority hereby given the court of the
the said master, wardens, and assistants, or any two or more of ther company not to extend to any but shall not be construed to extend to the conviction of any offender wl freemen.
shall not be a freeman of the said company, or the widow of such fre
man, or the apprentice of any such freeman or widow.” As to apprentices Sect. 82. “Every apprentice to any freeman, or to the widow of any frei imprisoned for man, who shall be imprisoned for any offence against this act, or any offences against this act.
the rules or by-laws as aforesaid, shall serve as an apprentice to his the master or mistress, not only till the expiration of the term for which suc apprentice ought to serve according to the laws and customs already es isting, or this act, and any agreement which may have been made in the behalf, but also for and during such further space of time, to be computer from the end of the said term, as shall be equal in duration to the tim during which such apprentice shall have been imprisoned as aforesaid and that no such apprentice shall be considered as having served a leg apprenticeship, or entitled to the privileges and benefits of serving an apprenticeship, until he shall actually have served such further space o time; any agreement concerning such apprenticeship, or any law, usage
or custom, to the contrary notwithstanding." Mayor, &c., may Sect. 83. “In every case in which any oath is by this act directed to administer oaths.
be made or taken, or any matter or thing is directed to be proved by oath the said lord mayor, recorder, or any alderman, at any court of mayor an aldermen, or the said lord mayor, recorder, aldermen, and justices respec tively, or the said master, or one of the wardens or assistants presenta any court of master, wardens, and assistants, or any court for apprentices and the admission of freemen, or any two or more of the said mas ter, wardens, and assistants, before whom such oath is hereby directed to be made or taken, or such matter or thing to be proved, shall have ful power to administer the oath, or instead thereof to receive a solemn affir- 7 & 8 Geo. IV. mation by any of the people called Quakers, as the case may require." c. lxxv. Sect. 84. " In case of any information, complaint, dispute, suit, or liti
Freemen may be gation, in anywise relating to any offence against this act, any freeman of witnesses. the said company, or the apprentice of any freeman, shall be competent to give evidence thereon."
Sect. 85. “ If any person who shall be summoned as a witness to give For compelling evidence before any lord mayor, recorder, alderman, or justice, or any the atte
the attendance of master, wardens, or assistants, respecting any matter of fact relating to any infortuation or complaint for any offence against this act or any such mules or by-laws as aforesaid, either on the part of the prosecutor or the person or persons accused, shall, after a reasonable sum for his or her costs shall have been paid or tendered to him or her, refuse or neglect to appear at the place and time by such summons appointed, without a reasonable excuse for such neglect or refusal, such person or persons shall forfeit, for every such neglect or refusal, any sum not exceeding 40s.”
Sect. 86. " In all cases in which by this act any penalty or forfeiture Justices may proinposed is made recoverable by information before any lord mayor, re- ceech by summons:
crtez, alderman, or justice, or master, wardens, or assistants, it shall be penalties.
Sect. 87. “ When any distress shall be made by virtue of this act, the Distress not un. stress itself shall not be deemed unlawful, nor shall the party or parties
lawful for want of
form. making the same be deemed a trespasser or trespassers, on account of any delect or want of form in the summons or conviction, warrant of distress, of any proceeding relating thereto; nor shall the party or parties be Geerned a trespasser or trespassers ab initio, on account of any irregularity Sulch shall be afterwards committed in making the distress.”
Sect. 88. “ All penalties and forfeitures which shall be levied or reco- Application of Fered, and received in pursuance and by virtue of this act, shall be paid penal to the said court of master, wardens and assistants of the said company for the time being, or to the clerk of the said company at their hall, within one week after the same shall be levied; and one half thereof shall be applied in or towards the fund directed to be provided to defray the expenses of erecting and maintaining boards, posts, and piles, and the payment of rewards and costs as aforesaid, and the surplus (if any) of the kuid half, after deducting so much as shall be necessary for the purposes d the said fund, and the whole of the other half thereof, shall be paid and astributed to the poor, aged, and decayed freemen of the said company and their widows, except only that it shall be lawful for the said lord major, recorder, aldermen, or justices, master, wardens, or assistants, Iespectively, before whom any offender or offenders shall be convicted, out of the said forfeiture and penalties, to reward any person or persons who shall inform of any offence or offences against this act, or the said rules or by-laws, to be made and approved of as aforesaid, according to , the discretion of such lord mayor, recorder, aldermen or justices, master, wardens, or assistants, respectively, go as such reward exceed not onehall part of the respective penalties or forfeitures.” Sect. 89. “From and after the said Ist day of August next after the Justices may
award satisfaction passing of this act, if any person or persons shall do or commit any aw
7 & 8 Geo. IV. damage, injury, or spoil, to or upon any lighter, barge, boat, wherry, c. lxxv.
or other vessel or craft within the limits of this act, and shall be thereof
convicted within three inonths next after the committing of such injury, for damages done to any boat before the said lord mayor, recorder, or any alderman or justice within or craft, not ex. whose jurisdiction as aforesaid such offence shall have been committed, ceeding 51.
either by the confession of the party offending, or by the oath of one or more credible witness or witnesses, or of the party aggrieved in the premises, every person so offending, and being thereof convicted as aforesaid, shall forfeit and pay to the person aggrieved such a sum of money as shall appear to such lord mayor, recorder, alderman, or justice, to be a reasonable satisfaction and compensation for the damage, injury, or spoil so committed, not exceeding in any case the sum of 51., which said sum of money shall be paid to the person or persons aggrieved; but in case such conviction shall take place on the sole evidence of the party aggrieved, then and in such case such satisfaction and compensation shall be paid to the overseer or overseers of the poor of the parish, township, or place where the offence was committed ; and in default of payment a the sum of money in which the offender or offenders shall have been se convicted as aforesaid, immediately, or within such time as such lord mayor, recorder, alderman, or justice shall appoint at the time of convic tion, together with all costs, charges, and expenses attending the conviction, such lord mayor, recorder, alderman, or justice, shall and may commit such offender or offenders to the cominon gaol or house of correction, there to be kept to hard labour for any time not exceeding three calendar months, unless such penalty, costs, and charges, shall be
sooner paid and satisfied.” Appeal.
Sect. 90. “If any person or persons shall think himself, herself, o themselves aggrieved by any conviction of the said lord mayor, recorder, or any alderman, or justice, or any of the said master, wardens, and assistants respectively, on account of any offence committed or supposeu to have been committed against this act, or against any of such rules of by-laws as aforesaid, such person or persons may appeal to the justices of the peace at the next general or quarter sessions to be holden for the place where such cause or appeal shall arise, or if such sessions shall be holden within ten days after such conviction, then such person or persons may appeal either to such next general or quarter sessions, or to the sessions following such next general or quarter sessions, provided the persona or persons at the time of such conviction shall enter into a recognizance, with one sufficient surety, in the sum of 201., to prosecute such appeal
with effect, and to abide by the order or orders which shall be made on Penalties may be such appeal; and the said justices are hereby authorized and required to mitigated.
take cognizance thereof, and to hear and determine such appeal, and shal. and may, if they see cause, by order of such sessions, mitigate, at their discretion, all or any part of the penalties or forfeitures laid upon or incurred by the party or parties appealing, or vacate or set aside the conviction or convictions, or otherwise may ratify or confirm the same, with such costs as to them, in their discretion, shall seem reasonable, and lery by their order or warrant such penalties or forfeitures and costs awarded, by distress and sale of the goods and chattels of the person or persons who shall refuse to pay the same, and for want of such distress to commit such person or persons to the common gaol for the said county or place where the cause of appeal shall arise, for any time not exceeding two calendar months, or until payment of such penalties or forfeitures and
costs." Proceedings not Sect. 91. “No proceedings to be had touching the conviction of any to be quashed for offender or offenders against this act, or any matter or thing to be done want of form.
or transacted in or relating to the execution of this act, shall be vacated or quashed for want of form only, or be removed or removable hy certiorari, or any other writ or process whatsoever, into any of his majestys courts of record at Westminster, any law or statute to the contrary not. withstanding."