Distress.

Proviso.

her or their Confession, or on the Evidence of any One or more credible Witness or Witnesses upon Oath, (which Oath such Justice or Justices, Magistrate or Magistrates, is and are hereby empowered to administer,) such Fine, Penalty or Forfeiture shall not be forthwith paid, it shall and may be lawful to and for such Justice or Justices, Magistrate or Magistrates, to levy the Penalty by Distress, and for want of Distress to commit every such Ofender or Offenders to the Common Gaol or House of Correction for the County, City or Place where such Offender or Offenders shall be convicted, there to remain without Bail or Mainprize for Imprisonment. any Time not exceeding Six Calendar Months, nor less than Twenty one Days, unless such Fine, Penalty or Forfeiture, and all reasonable Charges attending the Recovery thereof, shall be sooner paid: Provided always, that in case the said respective Periods of Twelve Calendar Months and Six Calendar Months, or either of them, within which Fines, Penalties or Forfeitures are to be sued for as aforesaid, shall in any Case or Cases elapse and run out before any Action or Prosecution hereby authorized and directed shall have been commenced for the Recovery of such Fines, Penalties or Forfeitures; and if it shall in manner hereinafter mentioned be made to appear, as soon after as the Circumstances of the Case shall reasonably admit, that the Commencement of the Action or Prosecution has been delayed by reason of the Absence of any Party or Parties whether offending or complaining, or by the Absence of any necessary Witness or Witnesses, then upon such Circumstances being stated by Affidavit in Writing, made before any Judge of any of His Majesty's Courts of Record at Westminster, it shall thereupon be lawful for any such Judge or Judges to order or authorize the Commencement of such Action or Prosecution within such further Time as such Judge shall think fit to limit in that Behalf; and in such Case the Action or Actions, Prosecution or Prosecutions so ordered or authorized shall and may be commenced and prosecuted within the Time or respective Times so limited, in like Manner and with the like Effect in all Respects as if such Prosecutions had been commenced and prosecuted within the said respective Periods of Twelve Months and Six Months hereby limited.

Justice of any County into which an Of

fender may escape, may en

dorse the origi

nal Warrant,

which shall au

thorize Peace Officers to execute it.

LXXVIII. And be it further enacted, That in case any Person against whom a Warrant shall be issued by any Justice or Justices, Magistrate or Magistrates, before or after any Conviction for any Offence against this Act, shall escape, go into or reside, or be in any other County, Riding, Division, City, Liberty, Town or Place not within the Jurisdiction of the Justice or Justices,

Magistrate or Magistrates, granting such Warrant, it shall be lawful for any Justice of the Peace of the County, Riding, Division, City, Liberty, Town or Place into which such Person shall escape, either before or after Conviction, and they and every of them are hereby required upon Proof made upon Oath of the Handwriting of any Justice or Justices, Magistrate or Magistrates, granting such Warrant, to endorse his or their Name or Names on such Warrant, and the same when so endorsed shall be sufficient Authority to all Peace Officers to execute such Warrant in such other County, Riding, Division, City, Town or Place, out

of

of the Jurisdiction of the Justice or Justices granting the said Warrant; and any Justice or Justices respectively, on the Offender being apprehended and brought before him or them, within their respective Jurisdictions, may proceed to hear and determine the Complaint, in the same Manner as if it had originally arisen within his or their respective Jurisdictions, or may direct the Offender to be carried, and such Offender shall accordingly, in that Case, be carried to or before the Justice or Justices who granted the original Warrant, to be dealt with according to Law.

Witnesses not
appearing on

Summons and
Tender of Ex-

pences, &c.

LXXIX. And be it further enacted, That if any Person who shall be summoned as a Witness upon any Complaint or Information before any Justice or Justices of the Peace, Magistrate or Magistrates, shall refuse or neglect to appear at the Time by such Summons appointed, having no just Cause for such Neglect or Refusal, it shall be lawful for such Justice or Justices, Magistrate or Magistrates, on Proof of such Summons having been served, and of a Tender of reasonable Expences having been made to such Person on his being served with such Summons, to issue a Warrant, under his Hand and Seal or their Hands and Seals, to bring such Person before him or them; and if on Appearance, or on being brought before any Justice or Justices, Magistrate or Magistrates, such Person shall refuse to be examined on Oath concerning the Premises, without having some just Cause for such Refusal, it shall be lawful for such Justice or Justices, Magistrate or Magistrates, by Warrant under his Hand and Seal or their Hands and Seals, to commit such Person to the House of Punishment. Correction of the County, City, Division or Place where any such Person shall be apprehended, there to remain for any Time not exceeding Six Weeks, nor less than Ten Days, as any such Justice or Justices, Magistrate or Magistrates, shall direct. LXXX. And be it further enacted, That every Person who in any Examination upon Oath, under the Provisions of this Act, shall wilfully give false Testimony, or a false Account of the Matter sworn to by such Person, shall be liable to be prosecuted for the same by Indictment, and if duly convicted of false swear- Perjury. ing in the Premises, shall be subject and liable to such Punishments, Disqualifications and Disabilities, as any Person would be subject or liable to for wilful and corrupt Perjury, in any other Case by the Laws and Statutes of the Realm.

Giving false
Testimony, &c.

'LXXXI. And for the more easy and speedy Conviction of Offenders against this Act;' Be it further enacted, That all and Convictions every Justice and Justices of the Peace, Magistrate or Magis- to be drawn trates, before whom any Person shall be convicted of any Offence up in the folagainst this Act, or against any Bye Law, Rule, Regulation or lowing Form. Grder hereby directed to remain in force, or hereafter to be made under the Authority hereof, shall and may cause the Conviction to be drawn up according to the following Form, or in Words to the like Effect; videlicet,

BE it remembered, That on the

in the Year of our Lord

Day of

A. B.

is convicted before me [or us], One [or Two, as the Case may
bej of His Majesty's Justices of the Peace for the
[here specify the Offence, and the Time and Place when and
where committed, as the Case may be,] contrary to an Act passed

Appeal to
Quarter Ses¬

sions, who may
finally deter-
mine and award

Costs.

Notice.

Decision final.

Proceedings

not quashed for want of Form.

No Certiorari.

Application of
Penalties,

in the Sixth Year of the Reign of 'intituled [here insert the Title of this adjudge that the said

King George the Fourth, Act], and I [or we] do [insert the Offender's

Name] hath therefore forfeited the Sum of [here insert the
Penalty]. 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 Process for the Removal of
any such Conviction or any Proceedings thereon, into any of His
Majesty's Courts of Record at Westminster, shall be allowed or
granted.

LXXXII. And be it further enacted, That it shall and may be lawful to and for any Person or Persons so convicted by any Justice or Justices of the Peace, Magistrate or Magistrates before mentioned, of any Offence or Offences against this Act, or against any Bye Law, Rule, Order, Regulation or Ordinance hereby directed to remain in force, or hereafter to be made under the Authority hereof, within Three Calendar Months next after such Conviction, to appeal to the Justices of the Peace assembled at the General Quarter Sessions holden for the County, City or Place where the Matter of Appeal shall arise, first giving Ten Days' Notice of such Appeal to the Person or Persons appealed against, and of the Matter thereof, and within Fourteen Days next after such Notice entering into a Recognizance before some Justice of the Peace for such County, City or Place, with sufficient Sureties conditioned to try such Appeal, and for abiding the Determination of the Court therein; and such Justices so assembled shall, upon due Proof of such Notice having been given, and Recognizance entered into, hear and determine the Matter of such Appeal, and may either confirm or quash and annul the said Conviction, and award such Costs to either Party as to them shall seem just and reasonable (and the Decision of the said Justices therein shall be final, binding and conclusive); and no Proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for want of Form only, or be removed by Certiorari or any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at Westminster or elsewhere; any Law or Statute to the contrary thereof in any wise notwithstanding.

LXXXIII. And be it further enacted, That One third of all fines or Penalties to be levied in pursuance of this Act, or under any Bye Law, Rule, Order, Regulation or Ordinance hereby directed to remain in force, or hereafter to be made under the Authority of this Act, by whomsoever incurred, (save and except such Fines or Penalties, the Application whereof shall by this Act be otherwise expressly provided for,) shall go to the Person who shall inform or sue for the same, and the Remainder of all such Fines or Penalties shall be carried to and applied to the Purposes of the said Fund belonging to the said Corporation of Trinity House, called The Pilots Fund, in case such Fines or Penalties shall be incurred by Pilots licensed by the said Corporation, or by any Person or Persons in relation to any Matters wherein such last mentioned Pilots shall be in any wise concerned; and in case such Fines or Penalties shall be incurred by Pilots belonging to the Fellowship of the Cinque Ports, or by Pilots

under

under any other Jurisdictions or Authorities, or by any other Person or Persons in relation to any Matters wherein such Pilots respectively shall be in any wise concerned, then the remaining Two thirds of such last mentioned Fines or Penalties shall be carried to and applied to the Purposes of such Fund as hath been or shall be created for the Relief of such indigent Pilots belonging to the said Fellowship, or such other Jurisdictions or Authorities respectively, as shall become incapable of discharging their Duty from advanced Age, or from any Accident or Infirmity.

Limitation of Actions for executing Act.

LXXXIV. And be it further enacted, That if any Suit or Action shall be brought or prosecuted against any Person or Persons for any Thing done or to be done in pursuance of this Act, in every such Case the Action or Suit shall be commenced within Six Calendar Months next after the Fact committed, and not otherwise, and shall be laid or brought in the County, City or Place where the Cause of Action arises, and not elsewhere; and the Defendant or Defendants in such Action or Suit may plead the General Issue Not Guilty, and give this Act and the special General Issue. Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear so to be done, or if any such Action or Suit shall be brought after the Time limited for bringing the same, then the Jury shall find for the Defendant or Defendants; and if the Plaintiff or Plaintiffs shall become nonsuited, or suffer a Discontinuance of his or their Action or Actions, or if a Verdict shall pass against the Plaintiff or Plaintiffs, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, the Treble Costs. Defendant or Defendants shall have Treble Costs, and shall have such Remedy for the same as any Defendant or Defendants hath or have for Costs of Suit in other Cases of Law. LXXXV. And be it further enacted, That all Acts of Parliament, and all Clauses, Provisions, Powers, Authorities, Regulations, Penalties and Forfeitures contained in any Act, which in any Manner relate to the Regulation of Pilots or Pilotage within any River, Port or Harbour, or within any local Limits specified in any such Act, Clause or Provision, and in which any Reference is made to the said Acts passed in the Forty eighth and Fifty second Years of the Reign of His said late Majesty King George the Third as aforesaid, or either of them, or in any Manner apply thereto, or vary or alter any of the Provisions thereof as to Pilots or Pilotage within any such Limits, shall continue in full Force notwithstanding the Repeal of the said Acts of the Forty eighth and Fifty second Years aforesaid, and shall be deemed to refer and apply to this Act, and shall be so construed as if the same were particularly referred to in this Act: any Thing in this Act to the contrary notwithstanding.

Regulations in

any Act relat-
ing to Pilotage
in any River,
&c. and which

refer to the re-
pealed Statutes,
to continue in

force notwithstanding such

Repeals,

Proviso for

Ships belonging to His Majesty.

LXXXVI. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to any Ships or Vessels belonging to His Majesty, His Heirs and Successors, as to their being compelled to take Pilots on board. LXXXVII. Provided always, and be it further enacted, That And for Jurisnothing herein contained shall extend to affect or impede the diction of Jurisdiction Court of Load

manage, and

High Court of
Admiralty.

And for City of London.

And for Districts having

dictions.

Jurisdiction of the Court of Loadmanage, as far as respects the Pilots appointed under the Authority of the said Court and provided also, that nothing in this Act contained shall extend or be construed to extend to affect or impair the Jurisdiction of the High Court of Admiralty.

LXXXVIII. Provided always, and it is hereby further enacted and declared, That nothing in this Act contained shall extend or be construed to extend to prejudice or take away any Right, Property Authority or Jurisdiction 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 Thames aforesaid.

LXXXIX. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to the taking separate Juris- away, abridging, defeating, impeaching or interrupting of any Grants, Liberties, Franchises or Privileges heretofore granted by any Charters or Acts of Parliament to the Pilots of the Trinity House of the Town of Kingston-upon-Hull, or the Trinity House of Newcastle-upon-Tyne, or to give any Authority to the Corporation of the Trinity House of Deptford Strond, within any Ports or Districts having separate Jurisdictions in Matters of Pilotage, under any Act of Parliament or Charter, or to alter or repeal any Provisions contained in any Act or Acts of Parliament relating to the Pilots of any Ports or Districts in relation to which particular Provision shall have been made in any Act or Acts of Parliament as to the Pilots or Pilotage, or to the Pilotage within the Limits prescribed by any Act or Acts of Parliament relating to Pilotage for such Ports, or to the Burthen of Vessels navigating to or from such Ports.

Acts for Sea Marks and Beacons extended to all Vessels appointed to exhibit Lights, &c.

Riding by, &c. such Vessels, or any Buoy or Beacon.

Penalty.

How applied.

XC. And be it further enacted, That all Provisions, Clauses, Penalties and Forfeitures, contained in an Act passed in the Eighth Year of the Reign of Queen Elizabeth, or any other Act or Acts made and in force for the Preservation of Sea Marks and Beacons, shall extend and be construed to extend to all Vessels duly appointed to exhibit Lights therein for the Preservation of Ships and Vessels at Sea, and to all Persons removing, injuring or destroying such Vessels or Lights, which Offences may be laid and tried in any County in England.

XCI. And be it further enacted, That every Person who shall ride by, make fast to, or remove or wilfully run down, or run foul of any Vessel, appointed or placed to exhibit Lights, or any Buoy or Beacon belonging to the said Corporation of Trinity House of Deptford Strond, or belonging to or placed by any other Corporation having lawful Authority to place the same, shall, besides being liable to the Expence of replacing or making good any Damage occasioned thereby, forfeit for every such Offence any Sum not exceeding Fifty Pounds, nor less than Ten Pounds, to be recovered by Action of Debt, Bill, Plaint or Information, in which no Essoign, Protection, Privilege, Wager of Law or more than One Imparlance shall be granted or allowed; One third of which said Penalty shall go to the Persons who shall inform or sue for the same, and the Remainder of which said Penalty shall go to the said Corporation of Trinity House of Deptford Strond, or other the Corporation to which such Vessel, Buoy or Beacon shall belong, or by which the same shall have been placed

as