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Ships not to sail without Certificate.
No Part of Cargo to be placed on Deck.
Stores not to be taken as Cargo.
Penalty for Of fences against
Provisions of recited Act respecting Indictments and Proceedings applied to Indictments, &c. under this Act.
Day of May in any Year, he shall ascertain that the whole of the Cargo of such Vessel is below Deck, and shall give the Captain or other Person having Command of such Vessel a Certificate to that Effect; and no Captain or other Person having Command of any Vessel so laden as aforesaid shall sail from any of the Ports aforesaid for any Port of the United Kingdom at any such Time as aforesaid until he has obtained such a Certificate as aforesaid from the Clearing Officer.
IV. And be it enacted, That no Captain, Owner, Supercargo, or other Person having Command of any Vessel in respect of which such Certificate as aforesaid has been obtained shall place, or permit or cause to be placed, or to remain or be, upon or above the Deck of such Vessel, any Part of the Cargo thereof, until such Vessel has arrived at the Port of her Destination: Provided always, that if the Captain or other Person having Command of such Vessel consider that it is necessary, in consequence of the any springing a Leak or of other Damage received or apprehended during the Voyage, to remove any Portion of the Cargo upon Deck, he may remove or cause to be removed upon the Deck of such Vessel so much of the Cargo and may permit the same to remain there for such Time as he considers expedient: Provided also, that the Store, Spars, or other Articles necessary for the Vessel's Use shall not be taken to be Cargo for the Purposes of this Act.
V. And be it enacted, That if any Captain or other Person having the Command of any Vessel for which such Certificate as aforesaid is hereby required sails or attempts to sail without having obtained such Certificate, or places, or permits or causes to be placed, or to remain or be, upon or above the Deck of such Vessel, any Part of the Cargo thereof, except in the Cases in which the same is not forbidden by this Act, he shall for every such Offence forfeit and pay any Sum not exceeding One hundred Pounds.
VI. And be it enacted, That all the Enactments of the said Act respecting Indictments, Informations, and Proceedings in respect ! of Offences alleged to have been committed against the Provisions thereof, and respecting Proceedings for the Recovery of the Penalties inflicted thereby, shall be held and taken to apply to all Indictments, Informations, and Proceedings against any Person or Persons in respect of Offences committed or alleged to have been committed against the Provisions of this Act, and to all Proceedings for the Recovery of any Penalty incurred or alleged to have been incurred by any Person or Persons under this Act.
VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed during the present Session of Parliament.
CA P. XLVI.
An Act for the Appointment of additional Constables for keeping the Peace near Public Works in Ireland.
[21st July 1845.] WHEREAS it is expedient to provide for the Appointment and Payment of additional Head and other Constables for keeping the Peace, and for the Protection of the Inhabitants and the Security of Property, in the Neighbourhood of Railway
Works and other Public Works in Ireland:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, in Additional any Case in which the Works of any Railway, Canal, or other Head and other Public Work of a similar Nature shall be in progress of Construc- Constables may be appointed tion in Ireland, upon the Application of the Company or other by the Lord Parties carrying on any such Public Work, or upon the Applica- Lieutenant tion of Two or more Justices of the Peace of the County acting to keep the in the Petty Sessions of the District in or through which any Peace near the such Public Work may be in the Course of Construction, to whom Works of it shall be made appear, on the Oath of Two or more credible Railways, &c. Witnesses, that the Appointment of additional Constables for the keeping of the Peace, and for the Protection of the Inhabitants, and the Security of Property, in the Neighbourhood of such Works, is necessary in consequence of the Behaviour or reasonable Apprehension of the Behaviour of the Persons employed in the said Works, it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, if he or they shall so think fit, from Time to Time to order and direct that, in addition to the Number of Head and other Constables whom the said Lord Lieutenant or other Chief Governor or Governors of Ireland is or are authorized to appoint by virtue of an Act passed in the Sixth Year of the Reign of His late Majesty, intituled An Act to 6&7W.4. c. 13. consolidate the Laws relating to the Constabulary Force in Ireland, and the other Acts amending the same, such Number of Head and other Constables as he or they shall think fit, not exceeding in any Case the Number specified in any such Application as aforesaid, shall be appointed and employed during the Construction of such Public Works, in aid of and in conjunction with the said Constabulary Force in such County, County of a City, County of a Town, or Place, near to the said Public Works so in progress of Construction, as shall be mentioned in the said Order, and shall remain there for such Length of Time, or remove to or remain at such other Place or Places near to such Public Works for such Time or Times, as shall be mentioned or directed by such Order, or any other Order or Orders which may from Time to Time be made by such Lord Lieutenant or other Chief Governor or Governors or by the Inspector General of the said Constabulary Force, under the Control and Directions of the said Lord Lieutenant or other Chief Governor or Governors; and such Constables may in like Manner, by any such Order, be reduced in Number, or wholly removed from the Neighbourhood of such Works; and the Head and other Constables so appointed shall, during the Period of such Employment, have the same Amount of Pay and Allowances, and the same Rights, Powers, and Authorities, Privileges and Advantages, and be subject to the same Provisions and Enactments, Rules, Regulations, and Orders, and be in all respects in the same Situation in the County, County of a City, or County of a Town in which they shall be stationed, as far as the Circumstances of the Case will admit, as if they had been appointed to and formed Part of the Constabulary Force established in and for such County, County of a City, or County of a Town.
8 & 9 VICT.
Expence of additional
Head and other
be paid by the
Company or Parties carrying on such Works.
If the Company
or Parties neglect to pay the Expence, it
may be recover
ed at the Suit
or by Distress
Goods of the
II. And be it enacted, That the Inspector General of the said Constabulary Force, with the Assistance of the Receiver of the said Force, shall from Time to Time, or as often as he shall think convenient, prepare and certify under his Hand a detailed Account of the Expence incurred for the Pay, Salary, Clothing and Equipment, Lodging, and other Allowances of such Men so appointed and employed as aforesaid, which Expence, when approved and certified by the Chief or Under Secretary of such Lord Lieutenant or other Chief Governor or Governors, the said Company or Parties, or their Agent, shall, upon demand, pay to the said Receiver, to be placed to the Credit of the County, County of a City, or County of a Town in which such Constables as aforesaid shall have been so employed.
III. And be it enacted, That in all Cases where the Company or other Parties carrying on such Public Work shall refuse or neglect, during Fourteen Days next after Demand thereof, to pay" any such Expence, or any Part thereof, as shall have been so certified and approved as aforesaid, the same shall and may be of Her Majesty's sued for in any of the Superior Courts, at the Suit of Her Attorney Gene- Majesty's Attorney General for Ireland, as a Debt due to Her ral for Ireland, Majesty, or, upon Production of such Account, so certified and i and Sale of the approved, before any Two Justices of the County, County of s City, or County of a Town in which such Constables shall have been so employed as aforesaid; and upon Proof on Oath of such Demand made as aforesaid of such Company or Parties, or any Officer superintending such Public Works, and upon the Appli cation of the said Receiver of the Constabulary Force, or any Person by him authorized in Writing, it shall be lawful for such Justices, by their Warrant under their Hands and Seals (which they are hereby authorized and required to grant), to cause the Amount of such Account to be levied, together with the Expences of levying the same, by Distress and Sale of the Goods and Chattels of the Company or other Parties carrying on such Public Works as aforesaid; and the Surplus, if any, arising from such Distress and Sale, after deducting the Amount of such Account, together with the reasonable Expences attendant on such Distress and Sale, shall be rendered to the said Company or Parties.
IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.
CA P. XLVII.
An Act for the further Prevention of the Offence of Dog
[21st July 1845.
an Act in the Seventh and Eighth Years of His Majesty King George the Fourth, intituled 7 & 8 G. 4. c. 29. An Act for consolidating and amending the Laws in England ' relative to Larceny, and other Offences connected therewith, ' certain Provisions were made for the Prevention of Dog Stealing And whereas it is expedient, for the further Prevention of the said Offence, that the Provisions of the said recited Act, so far as relates to Dog Stealing, and to dealing with the Offenders in respect to the said Offence, shall be repealed: Be it
therefore enacted by the Queen's most Excellent Majesty, by and Certain Proviwith the Advice and Consent of the Lords Spiritual and Tem- sions of recited poral, and Commons, in this present Parliament assembled, and Act repealed. by the Authority of the same, That from and after the passing of this Act the said Provisions, so far as aforesaid, shall be repealed.
II. And be it enacted, That if any Person shall steal any Dog, Punishment for every such Offender shall be deemed guilty of a Misdemeanor, and stealing Dogs: being convicted thereof before any Two or more Justices of the
Peace shall for the First Offence, at the Discretion of the said First Offence. Justices, either be committed to the Common Gaol or House of Correction, there to be imprisoned only or be imprisoned and kept to hard Labour for any Term not exceeding Six Calendar Months, or shall forfeit and pay, over and above the Value of the said Dog, such Sum of Money, not exceeding Twenty Pounds,
as to the said Justices shall seem meet; and if any Person so Second Offence. convicted shall afterwards be guilty of the said Offence, every such Offender shall be guilty of an indictable Misdemeanor, and being convicted thereof shall be liable to suffer such Punishment, by Fine or Imprisonment, with or without hard Labour, or by both, as the Court in its Discretion shall award, provided such Imprisonment do not exceed Eighteen Months.
III. And be it enacted, That if any Dog, or the Skin thereof, Penalty for shall be found in the Possession or on the Premises of any Person having Posses. by virtue of any Search Warrant, to be granted as is hereafter sin of stolen in that Behalf provided, the Justice by whom such Search War- their Skins: Dogs, or of rant was granted may restore the same to the Owner thereof, and the Person in whose Possession or on whose Premises the same shall be so found such Person (knowing that the Dog has been stolen, or that the Skin is the Skin of a stolen Dog,) shall, on Conviction before any Two or more Justices of the Peace, be liable
for the First Offence to pay such Sum of Money, not exceeding First Offence. Twenty Pounds, as to the Justices shall seem meet; and if any Person so convicted shall be afterwards guilty of the said Offence,
every such Offender shall be deemed guilty of a Misdemeanor, and Second Offence. punishable accordingly.
IV. And be it enacted, That if any Person shall publicly adver- Penalty for tise or offer a Reward for the Return or Recovery of any Dog compounding which shall have been stolen or lost, and shall in such Advertise- for Offences ment use any Words purporting that no Questions will be asked, against this Act. or shall make use of any Words in any public Advertisement purporting that a Reward will be given or paid for any Dog which shall have been stolen or lost without seizing or making any Inquiry after the Person producing such Dog, every such Person shall forfeit the Sum of Twenty-five Pounds for every such Offence to any Person who will sue for the same, by Action of Debt, to be recovered with full Costs of Suit.
V. And be it enacted, That any Person found committing any Apprehension Offence punishable either upon summary Conviction or upon In- of Offenders. dictment by virtue of this Act may be immediately apprehended without a Warrant by any Police Officer, or by the Owner of the Dog with respect to which the Offence shall be committed, or by his Servant or any Person authorized by him, and forthwith taken before some neighbouring Justice of the Peace to be dealt with according to Law; and if any credible Witness shall prove
Penalty for receiving Money to restore stolen Dogs.
Offenders may be remanded, or admitted to Bail.
If Penalties not paid Justices to commit Offenders.
upon Oath before a Justice of the Peace a reasonable Cause to suspect that any Person has in his Possession or on his Premises any stolen Dog, such Justice may grant a Warrant to search for such Dog; and any Person to whom any Dog shall be offered to be sold or delivered, if he shall have reasonable Cause to sus«. pect that such Dog has been stolen, is hereby authorized, and, if in his Power, is required to apprehend and forthwith to convey before a Justice of the Peace the Party offering the same, together with such Dog, to be dealt with according to Law.
VI. And be it enacted, That any Person who shall corruptly take any Money or Reward directly or indirectly under pretence or upon account of aiding any Person to recover any Dog which shall have been stolen, or which shall be in the Possession any Person not being the Owner thereof, shall be guilty of Misdemeanor, and punishable accordingly.
VII. And be it enacted, That any Justice may, if he shall think fit, remand for further Examination, or may suffer to go at large, with or without Sureties, upon his personal Recognizance, any Person who shall be charged before him with any Offence or Misdemeanor punishable by this Act, whether the same be punish| able by summary Conviction or as an indictable Misdemeanor.
VIII. And be it enacted, That in every Case of summary Conviction under this Act where the Sum which shall be forfeited for the Value of any Dog as is herein-before provided, or which shall be imposed as a Penalty by the Justices, shall not be paid . either immediately after the Conviction or within such Period a the Justices shall at the Time of the Conviction appoint, it shall be lawful for the convicting Justices to commit the Offender to the Common Gaol or House of Correction, there to be imprisoned only or imprisoned and kept to hard Labour for any Term not exceeding Two Calendar Months where the Amount of the Sum forfeited, or of the Penalty imposed, or of both (as the Case may be), together with the Costs, shall not exceed Five Pounds, and for any Term not exceeding Four Calendar Months where the Amount, with Costs, shall not exceed Ten Pounds, and for any Term not exceeding Six Calendar Months in any other Case, the Commitment to be determinable in each of the Cases aforesaid upon Payment of the Amount and Costs.
CA P. XLVIII.
An Act to substitute a Declaration for an Oath in Cases of