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c. lxxv.

actions.

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. 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

tender of amends 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, por 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-inentioned tender; but on proof of such tender, at any trial to be had in such action, the plaintiff or plaintiff's shall suffer judgment as in

uses of nonsuit, with double costs, to be recovered in the same mander 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 way time before issue joined, to pay into court such sum or sums of money

be, 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."

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 ac anything 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 Xaction shall have arisen, and not elsewhere; and the defendant or deRendants in such action or suit may, at his, her, or their option, either piead 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 kuit vas brought without fourteen days' notice thereof having been given 15 aforesaid, or after sufficient amends tendered as aforesaid, or if any Fuch action or suit shall not be commenced within the time lastly before liranted, 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 upon such verdict, or if the plaintiff or plaintiffs shall become nonsuit, or

discontinue his or their action or actions after the defendant or elendants shall have appeared, or if upon demurrer judgment shall

giren against the plaintiff or plaintiff's therein, then and in any of Ebe cases aforesaid, the defendant or defendants shall have double costs, Double costs. 100 shall have such remedy for recovering the same as any defendant or Gelendants 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. II.) Sect. 94. Provided “that nothing in this act contained shall extend or Saving rights of

city of London. De construed to extend to prejudice or derogate from the rights, interests, city pripileges, franchises, or authorities of the mayor and commonalty and Cizens of the city of London or their successors, or the lord mayor of the Saud city for the time being, or to prohibit, defeat, alter, or diminish any poper, authority, or jurisdiction which at the time of making this act the ud mayor and commonalty and citizens, or the said lord mayor for the

me being, as conservator of the river Thames, did or might lawfully claim, use, or exercise." Sect. 95. Provided “that nothing in this act contained shall extend to Saving the Duke

of Richmond's e lessening, taking away, abridging, hindering, prejudicing, or other- bold; vise bowsoever impeaching of any right belonging to or lawfully claimed court at Graves. uy the late Charles, Duke of Richmond and Lennox, lord of the manor en

Cursus Aque.

7 & 8 Geo. IV. of Gravesend, his heirs, executors, administrators, or assigns, for the holdc. lxxv.

ing 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 Gravesend 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.” Saving the liber. Sect. 96. Provided “that nothing in this act contained shall extend :o ties of the inha- the lessening, taking away, abridging, hindering, prejudicing, or imbitants of Graves. end.

peaching of any grants, liberties, franchises, customs, privileges, or usages, now or heretofore lawfully used, held, or enjoyed by the major, 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 villages 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, jurats, and inhabitants, and their successors, shall and may do and execute a and every such lawful act and acts, powers and authorities, touchin the said passage and ferry, and the government thereof, as they might or could have done if this act had not been made; anything herein contained

to the contrary thereof in anywise notwithstanding." Saving the right Sect. 97. Provided “that nothing in this act contained shall extend to of the watermen. hinder or prevent the watermen of the parishes of St. Margaret and S of St. Margaret's and of St. John's, John, Westminster, from plying or working cross the river Thames from Westminster.

Westminster Bridge to Standgate, and from the Horseferry to Lambet! Bridge, on every Sunday, and taking the fare of id. 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. Margaret 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.” Saving the rights, Sect. 98. Provided “that nothing in this act contained shall extend of &c., of commis. be construed to extend to take away, lessen, abridge, hinder, prejudice, sioners of West. minster Bridge.

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, owers, and authorities whatsoever, of, belonging, or in anywise apper- 7 & 8 Geo. IV. aining to the said commissioners, shall and may be held, used, occupied, c. lxxv.

ossessed, and enjoyed by the said commissioners in such and the same Banner in all respects as if this act had not been made; anything herein ostained to the contrary thereof in anywise notwithstanding." Sect. 99. Provided “that nothing in this act contained shall extend to Saving existing

ferries, rejudice or affect the rigbts and privileges to which the owner or owners to f any ferry or ferries over or across the said river Thames, within the imits of this act, are now entitled to by law."

Sect. 100. Provided “that nothing in this act contained shall extend Saving powers of o interfere with, lessen, or abridge the rights and privileges of any com- dock companies. pany of proprietors of any docks or canals within the limits of this act, or any of their officers, with respect to the navigation in the said docks or canals respectively, or in any wise relating thereto."

Sect. 101. “ Nothing in this act contained (except the provisions for Saving western compelling the names of the barge or craft, and the name and place of barges,

barges, and men

employed in abode of the owner, to be painted and preserved thereon as aforesaid) them, and in Aball extend to any western barges; and that all flat-bottomed boats and ferries at Kings

ton and above. atges navigated from the town of Kingston in the county of Surrey, of any place or places beyond the said town, shall be deemed western harges, and shall and may be navigated on the said river of Thames as far as London Bridge; and that nothing in this act shall extend to any ferry-boats worked or rowed at any ferry or ferries over or across the said river at or between the said town of Kingston and any place or places between the same and New Windsor aforesaid; and no person or persons Tarigating such western barges or ferry-boats as last aforesaid, shall in respect thereof be subject or liable to any penalties or forfeitures imposed by this act, or by any rules or by-laws to be made as aforesaid (except as aforesaid).”

Seet. 102. “ Nothing in this act contained shall prevent any person or any persons and persons from keeping and using and rowing by their servants, any lighter their servants, if

freemen or apor lighters, or other large craft, for carrying their own goods, provided prentice

prentices, may use such servants be freemen, or apprentices to freemen or to the widows of lighters; freemen of the said company."

Sect. 103. Provided that, if such person or persons shall carry, or but not let them cause to be carried, in his or their lighter or lighters, or other large craft, out for hire, or any passenger or passengers for hire, or any goods, wares, or merchan- how them, not

permit others to dizes for hire, or otherwise than their own as aforesaid, or shall row in or being freemen or navigate, or permit or suffer any person or persons to row in, navigate, apprentice or work any such vessel or vessels, who is not a freeman, or an apprentace to a freeman, or to a widow of a freeman of the said company, he and they shall for any such offence forfeit and pay any sum of money not exceeding 101.

Sect. 104. “Nothing in this act contained shall prevent any owner or Owners of layowners, proprietors, or lessees of laystalls, from carrying off the soil from stalls, market

gardeners, &c., the said laystalls in such lighters or vessels, and by such persons as have may use boats'as mtherto been accustomed; or any owner or owners, or proprietors of heretofore; chalk hoys, from bringing chalk in such hoys or vessels, and by such persons as have hitherto been accustomed; or any gardener from bringing to the markets of the cities of London and Westminster, and the places adjacent, their own fruit, herbs, roots, and other produce of their gardens, or soil and dung, in their boats, and by their own servants, as They have formerly been accustomed; or any fisherman from using his own boat or boats for the purpose of his business; nor any ballastman

on using any vessel for digging, getting, and carrying any ballast; and toat no person employed, or working, or navigating any lighters, hoys, Fessels, or other craft, for any of the purposes aforesaid, shall be subject

any of the penalties or forfeitures imposed by this act, or by any rules 1 bglaws made or to be made as aforesaid, except as hereinafter is mentioned."

Sect. 105. Provided, “that if any such owner or owners, proprietors, but to be subject

7 & 8 Geo. IV. lessees, or gardeners, fishermen, ballastmen, or his or their servants, sha' c. lxxv.

carry, in any such lighters, vessels, or boats, any passenger or passengers

or any kind of goods, wares, or merchandize, for hire, or other than for to a penalty if they carry pas. and on their own account, he and they shall for every such offence fordi sengers or goods and pay any sum not exceeding 101.” for hire.

Sect. 106. Provided, “ that the powers given by this act to the sa By-laws of the

Idermen court of mayor and aldermen to make rules and by-laws, to be allowed :: extended to all aforesaid, shall extend, and are hereby extended, and may be applied u boals and vessels. the government and regulation of the western barges, ferries, and lighters

boats, and vessels of woodmongers and owners of laystalls, chalk hoye gardeners, fishermen, and ballastmen, and all other lighters, boats, an vessels in the said river, within the limits of this act, although otherwis

exempted from the provisions of this act.” Public acts. Sect. 107 makes it a public act.

Further provi The 2 & 3 Vict. c. 47, (The Metropolitan Police Act,) contains regula sions as to offen.

- tions as to the Thames police and for the prevention of offences on this ces, &c. on the

river. See title“ Police,” Vol. V.

Thames.

Disputes about By the 2 & 3 Vict. c. 71, s. 37, all differences, complaints, and dispute wages of barge. which shall happen between any bargemen, lightermen, watermen, bal men, &c.

lastmen, (except Trinity ballastmen), coal-whippers, coal-porters, sailory lumpers, riggers, shipwrights, caulkers, or other labourers who work fi hire in or upon the Thames, or the docks, creeks, wharfs, quays, or place adjacent, not being in the city of London or the liberties thereof, and to owners, masters, or commanders of vessels, or their agents, on the saj river, or the docks or creeks thereunto adjoining, or the owners, wharf ingers, or occupiers of such wharfs or quays, or their agents, or other

employers, respecting wages or money due to such labourers for work of - loss of time, whether the same persons be employed for any certain time or in any other manner, may be heard by any of the said magistrates and every such magistrate is empowered to examine upon oath any suci labourer, or any other witness or witnesses, touching any such complain or dispute, and to make such order for payment of so much wages of money to such labourer as to the magistrate shall seem just, provided that the sum ordered do not exceed 51., besides costs. See “ Police."

Theatre. See Players,” Vol. V. “ Conspiracy," Vol. I. “ Dis

orderly House," Vol. I.

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249

Threats.
AS to challenges to fight, seeChallenge," Vol. I.

As to the offence of threatening with intent to steal, see “ Assault,".
Vol I.

As to the obtaining of money, &c. by threatening to accuse another of an infamous crime, see Robbery," Vol. V. Herein of – 1. Threats to murder, or burn or destroy Property, 249.

(4 Geo. IV. c. 54, 8. 3.] II. Threats in order to obtain Money, fc., 252.

[7 & 8 Geo. IV. c. 29, 88. 6, 7, 8, 9.] III. Forms, 254.

1. Threats to Murder, or burn or destroy Property. By the 4 Geo. IV. c. 54, s. 3, which repeals the 9 Geo. I. c. 22, and 30 Threatening letGeo. II. c. 24, so far as the same relate to this offence, it is enacted, “that,

ters to murder or

burn, or destroy from aod after the passing of this act, if any person shall knowingly and property. rifully send or deliver any letter or writing, with or without any name or ugnature subscribed thereto, or with a fictitious name or signature, [demaading money or other valuable thing, or] threatening to kill or murder any of bis Majesty's subjects, or to burn or destroy his or their houses, out

coses, barns, stacks of corn or grain, hay or straw, (or shall knowingly and wilfully send or deliver any such letter or writing, threatening to actuse any of his Majesty's subjects of any crime punishable by law with Gheata, transportation, or pillory, or of any infamous crime, with a view or catent to extort or gain money, security for money, goods or chattels, wares of merchandize, from the person or persons so threatened], or shall proture, counsel, aid, or abet the commission of the said offences, or any of Item, or shall forcibly rescue any person being lawfully in custody of any cft:cer or other person for any of the said offences,] every person so offend. Punishment for. 12g, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for such term not less than seven years, as the court Sall adjudge, or to be imprisoned only, or to be imprisoned and kept to aard labour in the common gaol or house of correction, for any term not exceeding seven years." The parts of this enactment between brackets, Rating to threats to extort money, &c., are repealed by the 7 & 8 Geo. 15. e. 27, and re-enacted by the 7 & 8 Geo. IV. c. 29, 8. 8, post, 252.

If the convict be already under sentence of transportation or imprison. Dent, this sentence may commence after the expiration of the former senlence. (7 8. 8 Geo. IV. c. 28, s. 10, ante, Malicious Injuries to Property,"

Vol. III.)

By the 5 & 6 Vict. c. 38, 8.1, this offence cannot be tried at the Not triable at Huarter Sessions. (See “ Sessions," Vol. V.)

sessions. Shall knowingly and wilfully.]-Proof of a prisoner's delivering a threat- Knowingly and eaing letter sealed up, to a person to carry to the post-office, will afford wilfully. prima facie evidence of his knowledge of its contents. (R. v. Girdwood, 2 East, P. C. 1120; 1 Leach, 142, S. C.)

Endence of prior and subsequent letters between the prisoner and the parts threatened may be received, to explain the intention of that on which the indictment is framed. (2 Leach, 749.)

A prisoner was indicted for sending a threatening letter; the only eviJence against him was his own statement that he never should have written it but for W.G.-It was held, not sufficient. (R. v. Howe, 7 C. 8. P. 268.)

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