7 & 8 Geo. IV. c. lxxv. Form of conviction by the court of master, wardens, &c. Penalty on persons summoned not appearing Jurisdiction of the court of the company not to or any two or more of them, and they are hereby required, to impose: } day of , in 1 Sect. 80. Provided "that if any party summoned by the said maste wardens, and assistants, or any two or more of them, shall refuse or ne lect to appear and answer the complaint made against him or her, witho assigning a reasonable cause for such refusal or neglect, to be allow 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." Sect. 81. Provided" that the jurisdiction or authority hereby given the said master, wardens, and assistants, or any two or more of ther extend to any but shall not be construed to extend to the conviction of any offender w 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." freemen. As to apprentices imprisoned for offences against this act. Mayor, &c., may Sect. 82. "Every apprentice to any freeman, or to the widow of any fre man, who shall be imprisoned for any offence against this act, or any 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 ex 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 compute 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 a apprenticeship, until he shall actually have served such further space time; any agreement concerning such apprenticeship, or any law, usage or custom, to the contrary notwithstanding." Sect. 83. "In every case in which any oath is by this act directed to administer onths. 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 and aldermen, or the said lord mayor, recorder, aldermen, and justices respec tively, or the said master, or one of the wardens or assistants present a any court of master, wardens, and assistants, or any court for appren tices 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 t be made or taken, or such matter or thing to be proved, shall have ful c. lxxv. Freemen may be 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." Sect. 84. "In case of any information, complaint, dispute, suit, or litigation, 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." the attendance of ceed by summons, 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 witnesses. master, wardens, or assistants, respecting any matter of fact relating to any information or complaint for any offence against this act or any such rules 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 proimposed is made recoverable by information before lord any mayor, re- in the recovery of corder, alderman, or justice, or master, wardens, or assistants, it shall be penalties. lawful for such lord mayor, recorder, alderman, or justice, or master, wardens, or assistants, respectively, to whom complaint shall be made of any offence against this act, to summon the party complained against before him the said lord mayor, recorder, alderman, or justice, or master, wardens, or assistants, respectively, and on such summons to hear and determine the matter of such complaint; and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing shall have been exhibited or taken by or before such lord mayor, recorder, alderman, or justice, or master, wardens, or assistants; and all such proceedings by summons, without information, shall be as good, valid, and effectual, to all intents and purposes, as if an information in writing was exhibited." lawful for want of form. Sect. 87. "When any distress shall be made by virtue of this act, the Distress not undistress itself shall not be deemed unlawful, nor shall the party or parties making the same be deemed a trespasser or trespassers, on account of any defect or want of form in the summons or conviction, warrant of distress, or any proceeding relating thereto; nor shall the party or parties be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards committed in making the distress." Sect. 88. "All penalties and forfeitures which shall be levied or reco- Application of vered, and received in pursuance and by virtue of this act, shall be paid penalties. 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 aid half, after deducting so much as shall be necessary for the purposes of the said fund, and the whole of the other half thereof, shall be paid and distributed 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 mayor, recorder, aldermen, or justices, master, wardens, or assistants, respectively, 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, so as such reward exceed not onehalf part of the respective penalties or forfeitures." Sect. 89. "From and after the said 1st day of August next after the Justices may passing of this act, if any person or persons shall do or commit any award satisfaction 7 & 8 Geo. IV. c. lxxv. for damages or craft, not exceeding 51. damage, injury, or spoil, to or upon any lighter, barge, boat, wherry, or other vessel or craft within the limits of this act, and shall be thereof convicted within three months next after the committing of such injury, done to any boat before the said lord mayor, recorder, or any alderman or justice within whose jurisdiction as aforesaid such offence shall have been committed, 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 57., 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 of the sum of money in which the offender or offenders shall have been so 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 convic tion, such lord mayor, recorder, alderman, or justice, shall and may commit such offender or offenders to the common gaol or house 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, c 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 supposed 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 ses sions following such next general or quarter sessions, provided the person 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 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 levy 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 mitigated. Proceedings not want of form. costs." 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 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 by cer tiorari, or any other writ or process whatsoever, into any of his majesty's courts of record at Westminster, any law or statute to the contrary notwithstanding." tender of amends Sect. 92. "No plaintiff or plaintiff's shall recover in any action to be 7 & 8 Geo. IV. commenced against any person or persons, body or bodies politic, corpo- c. lxxv. rate, or collegiate, for anything done in pursuance of this act, until notice Plaintiff not to rein writing, signed by his, her, or their attorney, specifying the cause of cover without action, shall have been given to the defendant or defendants, or left at his notice, or after or their usual or last place or places of abode or meeting, at least fourteen days before the same shall have been commenced; nor shall the plaintiff or plaintiffs recover in any such action, if tender of sufficient amends shall have been made to him, her, or them, or to his, her or their attorney, by or on the behalf of the defendant or defendants, before such action brought, nor if such tender of amends shall be made after the said action brought and before the trial thereof, together with costs of suit, at the time of such last-mentioned tender; but on proof of such tender, at any trial to be bad in such action, the plaintiff or plaintiffs shall suffer judgment as in cases of nonsuit, with double costs, to be recovered in the same manner as any defendant or defendants may recover costs in any other case by law; and in case no such tender of amends shall have been made, it shall be lawful for the defendant or defendants, by leave of the court, at any time before issue joined, to pay into court such sum or sums of money as he, she, or they shall think fit, whereupon such proceedings, orders, and judgments shall be made and given in and by such court, as in other actions wherein defendants are allowed to pay money into court." actions. Sect. 93. "No action or suit shall be commenced or prosecuted against Limitation of any person or persons, body or bodies politic, corporate, or collegiate, for ything done in pursuance of this act, after three calendar months next after the cause of such action shall have arisen; and every such action or actions shall be brought in the county, city, or place in which the cause action shall have arisen, and not elsewhere; and the defendant or defendants in such action or suit may, at his, her, or their option, either plead specially or plead the general issue, and give this act and the special General issue. matter in evidence at any trial or trials which shall be had thereon, and that the same was done in pursuance and by the authority of this act; and if the same shall appear to have been so done, or that such action or uit was brought without fourteen days' notice thereof having been given as aforesaid, or after sufficient amends tendered as aforesaid, or if any uch action or suit shall not be commenced within the time lastly before mited, or shall be brought in any other county, city, or place than where the cause of action shall have arisen, then and in any of such cases the jury or juries shall find a verdict for the defendant or defendants; and cpon such verdict, or if the plaintiff or plaintiffs shall become nonsuit, or shall discontinue his or their action or actions after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs therein, then and in any of the cases aforesaid, the defendant or defendants shall have double costs, Double costs. and shall have such remedy for recovering the same as any defendant or defendants hath or may have for his or their costs in any other cases by law." [See now as to double costs, the 5 & 6 Vict. c. 97, s. 1 & 2, Title "Justices," Vol. III.] Sect. 94. Provided "that nothing in this act contained shall extend or Saving rights of be construed to extend to prejudice or derogate from the rights, interests, city of London. privileges, franchises, or authorities of the mayor and commonalty and Citizens of the city of London or their successors, or the lord mayor of the aid said city for the time being, or to prohibit, defeat, alter, or diminish any power, authority, or jurisdiction which at the time of making this act the mayor and commonalty and citizens, or the said lord mayor for the time being, as conservator of the river Thames, did or might lawfully claim, use, or exercise." right to hold a Sect. 95. Provided "that nothing in this act contained shall extend to Saving the Duke the lessening, taking away, abridging, hindering, prejudicing, or other of Richmond's wise howsoever impeaching of any right belonging to or lawfully claimed court at Gravesby the late Charles, Duke of Richmond and Lennox, lord of the manor end, called Curia Cursus Aqua. 7 & 8 Geo. IV. c. lxxv. Saving the liber bitants of Gravesend. of Gravesend, his heirs, executors, administrators, or assigns, for the holding of a certain court within the said manor, called Curia Cursus Aque or the Court of the Watercourse, for the better government of barges boats, and vessels using the ferry or passage from the town of Gravesen to London, and of the persons owning or working the same, or of any other rights, liberties, powers, and privileges whatsoever belonging to the said late duke, his heirs, executors, administrators and assigns, relating to the said ferry or passage, or to the barges, tilt-boats, or other boat and vessels using the said ferry or passage, or plying at the bridge of the said town of Gravesend, or the persons owning or working the same, o otherwise howsoever." Sect. 96. Provided "that nothing in this act contained shall extend ties of the inha- the lessening, taking away, abridging, hindering, prejudicing, or in peaching of any grants, liberties, franchises, customs, privileges, usages, now or heretofore lawfully used, held, or enjoyed by the mayor jurats, and capital inhabitants of the villages and parishes of Gravesend and Milton in the county of Kent, touching, concerning, or relating to the passage and ferry upon the said river Thames, from the said village and parishes to the said city of London, or touching or concerning the government of the said passage or ferry; but that the said mayor, jurat and inhabitants, and their successors, shall and may do and execute al and every such lawful act and acts, powers and authorities, touchin the said passage and ferry, and the government thereof, as they might e could have done if this act had not been made; anything herein contained to the contrary thereof in anywise notwithstanding." Sect. 97. Provided "that nothing in this act contained shall extend to hinder or prevent the watermen of the parishes of St. Margaret and S John, Westminster, from plying or working cross the river Thames from Westminster Bridge to Standgate, and from the Horseferry to Lambet Bridge, on every Sunday, and taking the fare of 1d. for each passenger, in their several turns, as they have been accustomed and used to do; and the money earned by them or any of them on that day, is hereby directed to be from time to time employed for the use of the poor, aged, decayed. and maimed watermen and their widows, of the parishes of St. Margare and St. John, Westminster; and any two justices of the peace of the said parishes are hereby authorized from time to time to call the watermen so working to account for the monies by them earned on the Sunday as aforesaid, and cause the same to be applied and disposed of as aforesaid; and that the said watermen of the said parishes of St. Mar garet and St. John for the time being shall choose two stewards and a clerk, on the 23rd day of April in every year, yearly, unless such day shall happen to be on the Lord's Day, and in such case on the following day; and such watermen of the said parishes, or the major part of them which shall be present at a meeting of their society, shall and have hereby power to appoint such of the watermen of the said parishes as shall in their respective turns work on the Sunday as aforesaid: and no freeman or apprentice shall ply or work cross the said river at either of the said places on a Sunday, except the watermen of the said parishes, and the watermen to be appointed by the said master, wardens, and assistants of the said company, on alternate Sundays." Sect. 98. Provided "that nothing in this act contained shall extend or be construed to extend to take away, lessen, abridge, hinder, prejudice, impeach, interfere with, or in any manner affect any estate, right, title, interest, liberty, privilege, power, or authority, which the commissioners of Westminster Bridge have or are entitled to in or in anywise relating to the three several and respective Sunday ferries across the river Thames from Westminster Bridge to Standgate, and from the Horseferry to Lambeth, and from Millbank to Vauxhall, or any or either of them, or any other estate, right, title, interest, liberty, privilege, power, or authority whatsoever, of, belonging, or in anywise appertaining to the said com missioners, but that all estates, rights, titles, interests, liberties, privileges, |
