Page images
PDF
EPUB

who granted the original Warrant, to be dealt with according to Law.

LXVIII. And be it further enacted, That One-third of all Fines Application of or Penalties to be levied in pursuance of this A&t, or under any Bye- Penalties. Law made in purfuance thereof, by whomfoever incurred, shall go to the Perfon who fhall inform or fue for the fame, and the Remainder of all fuch Fines or Penalties fhall be paid and applied to the Fund of the Trinity Houfe at Deptford Strond, and fhall be applied, after defraying thereout the Expences of carrying this Act into Execu tion, in fuch Manner and for the like Purposes as the other Funds of the faid Corporation are by Law or Ufage applicable, in cafe fuch Fines or Penalties fhall be incurred by Pilots licenfed by the faid Corporation, or by any other Perfon or Perfons, in relation to any Matters wherein fuch laftmentioned Pilots fhall be in anywife con cerned; and in cafe fuch Fines or Penalties fhall be incurred by Pilots of the Cinque Ports, or by any other Perfon or Perfons in relation to any Matters wherein fuch laft-mentioned Pilots fhall be in anywife concerned, then the remaining Two-thirds of fuch laftmentioned Fines or Penalties fhall go to fuch Fund as hath been or fhall be established by the Perfons having the Direction of the Cinque Port Pilots, and fhall be applied to the Ufe of such respective Funds, after defraying, out of fuch Funds and Penalties, the refpective Expences incurred in carrying this Act into Execution. LXIX. And be it further enacted, That if any Perfon who fhall be fummoned as a Witnefs before any Juftice or Juftices of the Peace, fhall refufe or neglect to appear at the Time by fuch Summons appointed, having no juft Caufe for fuch Neglect or Refufal, it fhall be lawful for fuch Juftice or Justices, on Proof of fuch Summons having been ferved, and of a Tender of reasonable Expences having been made to fuch Perfon on his being ferved with fuch Summons, to iffue his or their Warrant under his Hand and Seal, or their Hands and Seals, to bring fuch Perfon before him or them; and if on Appearance, or on being brought before any Juftice or Juftices, fuch Perfon fhall refufe to be examined on Oath concerning the Premises, without having fome juft Caufe for fuch Refufal, it fhall be lawful for fuch Juftice or Juftices, by Warrant under his Hand and Seal or their Hands and Seals, to commit fuch Perfon to the House of Correction of the County, City, Divifion, or Place where any fuch Perfon fhall be apprehended, there to remain for any Time not exceeding Six Months nor less than Fourteen Days, as any fuch Juftice or Juftices fhall direct.

LXX. And be it further enacted, That every Perfon, who in any Examination upon Oath under the Provifions of this Act, fhall wilfully give falfe Teftimony or a falfe Account of the Matter fworn to by him, fhall be liable to be profecuted for the fame by Indictment; and, if duly convicted of falfe Swearing in the Premifes, fhall be fubject and liable to fuch Punishments, Difqualifications, and Disabilities, as any Perfon would be fubject or liable to for wilful and corrupt Perjury in any other Cafe by the Laws and Statutes of the Realm.

LXXI. And be it further enacted, That where any Diftreffes fhall be made for any Sum or Sums of Money to be levied by vir tue of this Act, the Distress itself shall not be deemed unlawful, nor fhall the Party or Parties making the fame be deemed a Trefpaffer

Witneffes not appearing may be committed to the House of

Correction.

Penalty of

Perjury on falle
Evidence.

Diftrefs not unlawful on

account of want of Form, &c.

Form of
Convictions.

No Certiorari.

Appeal to
Quarter Seffions,
who may award
Colis.

Proceedings not

to be quailed for want of Form, nor removed by Certiorari.

Limitation of
Actions,
Six Months.

or Trefpaffers on account of any Defect or want of Form in the Summons, Conviction, Warrant of Diftrefs, or the Proceedings relating thereto; neither fhall the Party or Parties be deemed a Trefpaffer or Trefpaffers ab initio, on account of any Irregularity which fhall be afterwards committed; but the Party or Parties aggrieved by fuch Irregularity fhall and may recover the full Satisfaction for the fpecial Damage fuftained in an Action on the Cafe.

LXXII. And, for the more eafy and speedy Conviction of Offenders against this Act,' be it further enacted, That all and every Juftice and Juftices of the Peace before whom any Perfon fhall be convicted of any Offence against this Act, fhall and may cause the Conviction to be drawn up according to the following Form; videlicet,

[ocr errors]
[ocr errors]
[blocks in formation]

in the Year of our Lord

A. B. is convicted before me [or, us]

Day of

One [or,
Two, as the Cafe may be] of His Majefty's Juflices of the Peace

، for the
[bere fpecify
the Offence, and the Time and Place when and where committed, as
the Cafe may be] contrary to an Act paffed in the Forty-eighth
Year of the Reign of King George the Third, intituled, [here
infert the Title of this Aa]. Given under my Hand and Seal [or
our Hands and Seals] the Day and Year first above written.'
And no Certiorari or other Writ or Procefs, for the Removal of
any fuch Conviction, or any Proceedings thereon, into any of His
Majefty's Courts of Record at Westminster, fhall be allowed or
granted.

or

LXXIII. And be it further enacted, That it fhall and may be lawful to and for any Perfon or Perfons fo convicted by any Juftice Juftices of the Peace before mentioned, of any Offence or Offences against this Act, or against any Rule, Order, or Bye Law made in pursuance thereof, within Three Calendar Months next after fuch Conviction, to appeal to the Juftices of the Peace affembled at the General Quarter Seffions holden for the County, City, or Place where the Matter of Appeal fhall arife, firft giving Ten Days Notice of fuch Appeal to the Perfon or Perfons appealed against, and of the Matter thereof, and within Fourteen Days next after fuch Notice entering into a Recognizance before fome Juftice of the Peace for fuch County, City, or Place, with fufficient Sureties conditioned to try fuch Appeal, and for abiding the Determination of the Court therein; and fuch Juftices fhall, upon due Proof of fuch Notice having been given, and Recognizance entered into, hear and determine the Matter of fuch Appeal, and may either confirm or quash and annul the faid Conviction; and award fuch Cofts to either Party as to them fhall feem juft and reasonable, and the Decifion of the faid Juftices therein fhall be final, binding, and conclufive; and no Proceeding to be had or taken in purfuance of this Act shall be quafhed or vacated for want of Form only, or be removed by Certiorari or any other Writ or Procefs what foever, into any of His Majefty's Courts of Record at Weflminfter or elfewhere; any Law or Statute to the contrary thereof in any wife notwithstanding.

LXXIV. And be it further epacted, That if any Suit or Action fhall be brought or profecuted against any Perfon or Perfons for any

Thing

pur.

Thing done or to be done in pursuance of this Act, in every fuch Cafe the A&tion or Suit fhall be commenced within Six Calendar Months next after the Fact committed, and not afterwards, and shall be laid or brought in the County, City, or Place where the Cause of Action arifes, and not elfewhere, and the Defendant or Defendants in fuch Action or Suit may plead the General Iffue, Not General Infue. Guilty, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in fuance and by the Authority of this Act; and if it shall appear fo to be done, or if any fuch Action or Suit fhall be brought after the Time limited for bringing the fame, then the Jury fhall find for the Defendant or Defendants; or if the Plaintiff or Plaintiffs fhall become nonfuited or fuffer a Difcontinuance of his, her, or their Action or Actions, or if a Verdict fhall pafs against the Plaintiff or Plaintiffs, or if upon Demurrer Judgment fhall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants fhall have Treble Treble Cofa. Cofts, and fh ll have fuch Remedy for the fame as any Defendant or Defendants hath or have for Cofts of Suit in other Cafes by Law. LXXV. Provided always, and it is hereby further enacted and declared by the Authority aforefaid, That nothing in this Act contained fhall extend, or be conftrued to extend, to prejudice or take away any Right, Property, Authority, or Jurifdiction of the Mayor of the City of London, or of the Mayor and Commonalty and Citizens of the City of London, to, in, and upon the River of Thames aforefaid.

"Publick Act. § 76.”

Saving Rights of the City of

London.

LXXVII. And be it further enacted, That this Act fhall be Continuance of in force for Four Years from the paffing thereof.

A&t.

SCHEDULES

SCHEDULES to which this A&t refers.

SCHEDULE (A.)

A TABLE of the RATES of PILOTAGE for piloting Ships from the River to the Downs, and up and down the North Channel, from and to Hofely Bay; or from off the Entrance of the Thames to London, and to Sea from the River.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Ships not having British Registers to pay One fourth more of the Rates of Pilotage than ftated in the above Table, except chiefly laden with Corn or other Provifions. For Half a Foot exceeding the above Draughts of Water the medium Price between the two Limits.

For intermediate Distances a proportionate Rate.

For removing a Ship or Veffel from Moorings into a Dry or Wet Dock.

[merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small]

SCHEDULE (A.)—continued.

A TABLE of the RATES of PILOTAGE for piloting Ships from the River to the Downs, and up and down the North Channel, from and to Hofely Bay, or from off the Entrance of the Thames to London, and to Sea from the River.

23 Feet

44 Feet. 15 Feet. 16 Feet. 17 Feet. 18 Feet 19 Feet. 20 Feet. 21 Feet 22 Feet. and up

wards.

£. s. d. £. s. d. £. s. d. £. s. d. £. s. d. £.. s. d £. s. d. £. 0 0 8 10 0 9 10 010 5 011 16 012 10 014

s. d. £. s. d. £. s. d.

[ocr errors]

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small]

In the River Thames above Gravefend:

For a Boat of a Clafs carrying an Anchor £. s. d. per Trip for the

of above 4 cwt. with a correfponding
Towline, the Rate

Ditto

2 2

whole Distance from Gravefend

with an Anchor above 2 Cwt.

to London and

I 11 6

in Proportion for

with an Anchor under 2 cwt.

[blocks in formation]

and correfponding Towline

Ditto

any Part of that Distance.

per Tide.

« PreviousContinue »