No. XXX. 3 Geo. IV. c. 55. Masters of Ves- Blackwall hav- Tar or other combustible Matter on board of Vessels, shall forfeit not exceeding 51. purchaser or pretended purchaser, or any of them, at the time of his or her receiving such articles into his or her possession, did believe or had reasonable cause to believe that such articles, or any part thereof, were at any time and by any person unlawfully come by or obtained, it shall be lawful for such justice to adjudge such party to be guilty of a misdemeanor, and the party so convicted shall thereupon suffer as herein-after mentioned. XXXVI. And for the more effectual prevention of accidents by fire and other mischiefs upon the said river, be it further enacted, That if any master or commander or other officer of any ship or vessel (except his Majesty's ships,) shall, while such ship or vessel shall lie or be in the said river between Westminster Bridge and Blackwall, keep any gun on board such ship or vessel shotted or loaded with ball, or cause or permit to be fired or discharged any gun on board such ship or vessel, before sun-rising or after sun-setting, such master commander or other officer shall, for every such gun so kept shotted or loaded, forfeit the sum of five shillings; and for every gun so fired or discharged, the sum of ten shillings, and if any master commander or other officer of any such ship ting, or heating or vessel, or any other person on board of the same, or any person on board of any barge, lighter, boat, or other craft or vessel, shall, while such ship, barge, lighter, boat, craft, or vessel shall lie or be in the said river between Westminster Bridge and Blackwall, heat or melt, or cause or permit to be heated or melted by fire loggerheat shot or any other means, on board any ship, barge, lighter, boat, craft, or vessel whatever, any pitch, tar, rosin, grease, tallow, oil, or other combustible matter, every person so offending shall for every such offence forfeit any sum not exceeding five pounds; and any one of the justices appointed to attend at the Thames police office, or any other justice within his jurisdiction, is hereby authorized and required, upon any information exhibited or complaint made in that behalf, within ten days next after any such offence shall have been committed, to summon the party accused, and also the witnesses on either side, or after the oath made of the commission of any of the facts above mentioned by one or more credible witness or witnesses, to issue a warrant to apprehend the party accused, and upon the party's appearance or contempt in not appearing (upon the proof of notice given), such justice shall proceed to the examination of the witness or witnesses on oath, and upon due proof thereof, cither by the voluntary confession of the party, or by the oath of one or more credible witness or witnesses, to give judgment or sentence; and in case the party accused shall be convicted of such offence, it shall and may be lawful for such justice to commit such offender to prison, there to remain for any time not exceeding Appeal to Quar- the space of two months, unless the penalty shall be sooner paid; and if any person shall find himself aggrieved by the judgment of any such justice, he may appeal to the next court of general quarter sessions for the county or city where such offence shall have been committed, on giving immediate notice of such appeal, and finding sufficient security, to the satisfaction of such justice, for prosecuting such appeal with effect, and for abiding the determination of the court therein; and the said court are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the matter, and in case the judgment shall be affirmed, to award the person appealing to pay such costs occasioned by such appeal as shall seem meet; and one moiety of all money recovered on account of every such penalty shall be distributed, at the discretion of the justice making the conviction, to such person or persons as he shall judge to have been instrumental in detecting and prosecuting the offender. ter Sessions. Framing a false to escape De- a Misdemeanor. XXXVII. And be it further enacted, That every person who for the purpose of protecting or preventing any goods, wares, merchandize, or other articles whatsoever from being seized, on suspicion of their being stolen or otherwise unlawfully obtained, or of preventing the same from being produced or made to serve as evidence of or concerning any felony or inisdemeanor, shall frame or cause to be framed, or be anywise concerned in framing or causing to be framed any bill of parcels containing any false statement in regard to the name or abode of any alleged vendor, the quantity or quality of any goods, the place from whence or the conveyance by which the same were furnished, the price agreed upon or charged for the same, or any other particular, knowing such statement to be false, or who shall fraudulently produce such bill of parcels knowing the same to have been fraudulently framed, shall be adjudged guilty of a misdemeanor, and shall suffer as herein-after mentioned; and may, moreover, at the discretion of any justice in whose jurisdiction such of fence shall be committed, he published and advertised as a fabricator of false bills of parcels, or as a convicted or reputed receiver of goods stolen or otherwise unlawfully obtained, as the case may be. XXXVIII. And whereas, for the purpose of increasing the facility of depredation it hath been a common practice among persons concerned in the landing and warehousing of merchandize from on board ships and vessels in the said river, wilfully to injure and promote the opening and breaking of casks bags and other packages, and the spilling of their contents; for remedy thereof, be it further enacted, That if any person employed in the loading landing or warehousing of any goods, or any other person, shall wilfully or through culpable negligence or carelessness, cause or suffer, or be concerned in causing or suffering to be broken, bruised, pierced, started, cut, torn, or otherwise injured, any cask, box, chest, bag, or other package, containing or being designed and prepared for containing any goods while on board of any barge lighter or other craft lying or being in the said river, or any dock, creek, quay, wharf or landing-place adjacent to the same, or in or in the way to or from any warehouse to or from which such package shall have been removed, shall be removing, or about to be removed, with intent that the contents of such package or any part thereof may be spilled or dropped from such package, every person so offending shall for every such offence be deemed and adjudged guilty of misdemeanor, and shall suffer as herein-after mentioned." XXXIX. And be it further enacted, That if for the purpose of preventing the seizure or discovery of any materials, furniture, stores, or merchandize belonging to or having been part of the cargo of any ship or vessel lying in the said river or the docks or creeks adjacent thereto, or of any other articles unlawfully obtained from any such ship or vessel, any such or any other article shall be wilfully let fall or thrown into the river, or in any other manner directly or purposely conveyed away or endeavoured to be conveyed away from any ship, boat, barge, lighter, craft, wharf, quay, or other landing-place, every person being party privy or accessory to such letting-fall throwing or conveyance, or to any previous instructions or premeditated design so to let fall throw or convey away any such article with any such purpose as aforesaid, shall be deemed and adjudged guilty of a misdemeanor; and every Thames police surveyor, or constable or other peace officer within his jurisdiction, shall apprehend and detain every such person, and forthwith convey him or her before some justice, and shall also seize and detain any boat in which such person shall be found, or out of which any such article shall be so let fall thrown or conveyed away; and upon the conviction of such person, such boat, with her tackle, apparel, furniture, and loading shall be forfeited and disposed of as is herein-after directed. XL. And be it further enacted, That for every offence herein-before declared to be a misdemeanor, or for which no special penalty is hereinbefore appointed, the offender shall, at the discretion of the justice before whom the conviction shall take place, either forfeit and pay any sum not exceeding five pounds, or suffer imprisonment for any time not exceeding two months, in any gaol or house of correction within the jurisdiction of such justice; and in case of the adjudication of a pecuniary penalty and non-payment thereof, it shall be lawful for such justice to commit the offender to any gaol or house of correction for the like term unless such penalty shall be sooner paid; and one moiety of every such pecuniary penalty shall be paid to such receiver as aforesaid for the purposes of this Act, and the other moiety thereof under the direction of the justice by whom the same shall have been adjudged, shall either be paid and No. XXX. 3 Geo. IV. c. 55. Articles seized if Person convicted. applied to the use of the informer alone, or be distributed between such persons as shall have contributed to the conviction of the offender in such shares and proportions as such justice shall think fit; and that when any articles shall be seized by virtue of this Act, and the person in whose possession the same shall have been found shall be convicted of a misdemeanor as aforesaid, it shall be lawful for the justice before to be advertised whom the conviction shall take place, to cause such articles to be advertised in some public newspaper, to the end that persons having a right thereto may claim and receive the same within thirty days from the date of such advertisement in the manner and upon the conditions directed in and by an Act of the second year of his late Majesty's reign, intituled An Act to prevent the committing of Thefts and Frauds by persons navigating Bum-boats and other Boats upon the River Thames; and if no person shall prove his property and right to the said articles within the said thirty days, the same shall be sold for the best price that can reasonably be gotten for the same; and after deducting the charges according to the said recited Act, the residue of the produce thereof shall be paid to the said receiver for the purposes of this Act. 2 G. 3. c. 28. Offences how to be tried. Misdemeanors XLI. And be it further enacted, That in every case in which complaint shall be made of any offence by this Act, declared to be a misdemeanor, or for which any pecuniary penalty is herein-before appointed, with or without imprisonment, in addition thereto or in lieu thereof, the matter of such complaint, if the offence shall have been committed or the offender apprehended within the jurisdiction of the city of London, may be heard and determined by the lord mayor recorder or one of the aldermen of the said city, and not elsewhere; but if the offence shall have been committed or the offender apprehended out of the said jurisdiction, such complaint may be heard and determined either by one of the justices appointed to the Thames police office as aforesaid, or by any other justice within whose jurisdiction the offence shall have been committed or the offender apprehended; and every conviction thereupon had shall be certified filed and entered in such manner as is directed in and by the said Act of the second year of his late Majesty's reign, with respect to convictions under that Act, and may also be drawn up in such form and manner, mutatis mutandis, as is appointed in and by the same Act; and neither such conviction nor any proceeding previous thereto shall be removed by certiorari or otherwise, into any Court of Record, but such conviction shall be final and conclusive to all intents and purposes whatsoever. XLII. And whereas the punishments for misdemeanors provided in and by the said Act of the second year of his late Majesty's reign, have been found insufficient for the preventing of such offences; be it enacted, That every person who shall be guilty of any of the offences respectively punished at the made and declared to be misdemeanors in and by the said Act, may be Discretion of the Justices. punished at the discretion of the justice or justices by or before whom the offender shall be convicted, either with the punishment appointed in and by the said Act or by such other punishment as is hereby appointed for and in cases of offences declared to be misdemeanors in and by this present Act; and that all the powers and provisions of the said last recited Act respecting the obstruction of its execution and the commencement and prosecution of actions against justices, and their officers acting thereunder, shall extend to all things done and to all persons acting under this Act, as fully as if the same powers and provisions were herein repeated and re-enacted. Forfeited Boats, instead of being XLIII. And be it further enacted, That in all cases in which it-is directed by the said last recited Act, that any boat with her tackle and appurtenances which shall be forfeited shall be burnt and destroyed, it shall be lawful for any justice before whom any person shall have been convicted of any offence, whereby any boat is or should be adjudged to be forfeited under that Act, and also for any justice by whom any boat shall be adjudged to be forfeited under this Act, to direct such boat with her tackle and appurtenances either to be burnt and destroyed or to be restored to the owners thereof, or to be publicly sold, and the produce of such sale to be applied in like manner as other forfeitures under this Act. quays, XLIV. And whereas disputes frequently arise between bargemen, lightermen, watermen, ballastmen, coal-whippers, coal-porters, sailors, lumpers, riggers, shipwrights, caulkers, and other labourers, who work for hire in or upon the said river, and the docks, creeks, wharfs, and places adjacent, respecting wages or money due to them for work, and the owners masters or commanders of vessels and their agents and the owners wharfingers or occupiers of such wharfs or quays and their agents and other persons employing such labourers; be it further enacted, That all differences complaints and disputes which shall happen and arise between any bargemen, lightermen, watermen, ballastmen (except Trinity ballastmen), coal-whippers, coal-porters, sailors, lumpers, riggers, shipwrights, caulkers, or other labourers, who work for hire in or upon the said river or the docks, creeks, wharfs, quays, or places adjacent, and the owners masters or commanders of vessels or their agents on the said river, or the docks or creeks thereunto adjoining, or the owners wharfingers or occupiers of such wharfs or quays, or their agents or other employers, respecting wages or money due to such labourers for work, whether the same persons be employed for any certain time, or in any other manner, shall be heard and determined by the justices appointed to the Thames police office, or any one of them, or any other justice within his jurisdiction; and every such justice is hereby empowered to summon before him any such master or commander of any vessel or any such owner thereof or his agent, or the owner wharfinger or occupier of any wharf or quay or their respective agents, or any other employer; and if any such master, commander, owner, wharfinger, occupier, agent, or employer, shall refuse or neglect to attend such summons, then every such justice is hereby empowered to issue his warrant to bring such person summoned before him to answer such complaint, and to examine upon oath any such bargemen, lightermen, waterman, ballastman (other than any Trinity ballastman), coal-whipper, coal-porter, sailor, lumper, rigger, shipwright, caulker, or other labourer, or any other witness or witnesses touching any such complaint or dispute, and to make such order for payment of so much wages to such bargemen, lighterman, waterman, ballastman (other than any Trinity ballastman), coal-whipper, coal-porter, sailor, lumper, rigger, shipwright, caulker, or other labourer, as to such justice shall seem just and reasonable, provided that the sum ordered do not exceed five pounds, besides all reasonable costs attending the prosecution of the complaint, which costs the justice is empowered to order; and in case of refusal to pay or non-payment of any sum so ordered by the space of twenty-four hours next after such determination, such justice may issue forth his warrant to levy the same by distress and sale of the goods and chattels of the person ordered to pay the same, together with the charges of such distress and sale; and if no sufficient distress shall be found, such justice shall commit the person ordered to make such payment to prison for any time not exceeding one month, unless the sum so ordered shall be sooner paid; and every such order shall be final and conclusive to all intents and purposes, and shall not be removable by certiorari or otherwise into any court whatsoever. No. XXX. 3 Geo. IV. c. 55. Disputes about bour done on Disputes about Wages for Labour done on the Thames, XLV. Provided always, and be it further enacted, That nothing herein Jurisdiction, for contained shall extend to authorize or empower any justice, except the determining lord mayor aldermen and recorder of the city of London, for the time being, or some or one of them, to hear and determine any such differences complaints or disputes as shall or may arise for or in respect of any employment or work done within the said city of London or the suburbs and liberties thereof, or on board of any ship, hoy, barge, lighter, boat, or other vessel, lying or being on the north side of the river, between the Tower of London and the western extremity of the Temple, adjoining Essex-street in the county of Middlesex. XLVI. Provided always, and be it further enacted, That nothing in this Act shall extend to deprive the lord mayor and commonalty and citizens of the city of London of any right privilege or jurisdiction hereto &c. Not to affect the Rights of the city of London, &c. No. XXXI. 4 Geo. IV. c. 27. Nor the Dean or High Steward of Westminster. Not to affect the Rights of the Trinity House, &c. Commencement and Con fore lawfully claimed exercised or enjoyed within the town and borough of Southwark or the liberties thereof, or to prevent the said lord mayor for the time being, or such of the aldermen of the said city as have borne the office of mayoralty, or the recorder of the said city for the time being from acting as justices of the peace within the said town and borough of Southwark and the liberties thereof, in such and the like manner as they could or might have done in case this Act had not been made; nor to deprive the lord mayor and commonalty and citizens of the said city of any right, privilege, immunity, or jurisdiction which they have heretofore lawfully claimed exercised or enjoyed upon the said river, or the lord mayor of the said city for the time being as conservator of the said river; nor to prevent the said lord mayor and the said aldermen and recorder of the said city from acting as justices of the peace upon the said river or taking cognizance of offences committed upon or within the limits of the same, in such manner as they might or would have done in case this Act had not been made. XLVII. Provided also, and be it further enacted, That nothing in this Act shall extend to deprive the dean and chapter of the collegiate church of Saint Peter, Westminster, or the high steward or high bailiff of the city and liberty of Westminster for the time being, or their respective lawful deputies, of any rights privileges or jurisdictions which they have heretofore lawfully claimed exercised or enjoyed within the said city and liberty, in such and the like manner as they could or might have done in case this Act had not been made. XLVIII. Provided also, and be it further enacted, That nothing in this Act contained shall extend to prejudice or derogate from any of the rights privileges or authorities of the master wardens and assistants of the guild fraternity or brotherhood of the most glorious and undivided Trinity and of Saint Clement in the parish of Deptford Strond in the county of Kent. XLIX. And be it further enacted, That this Act shall commence and have effect from the expiration of the said recited Act of the last tinuance of Act. session of Parliament, and shall continue and be in force for the term of seven years. Public Act. 7 G. 3. c. 21. L. And be it further enacted, That this Act shall be deemed adjudged and taken to be a public Act; and shall be judicially taken notice of as such by all judges justices and other persons whomsoever, without the same being specially pleaded. [No. XXXI.] 4 Geo. IV. c. 27.-An Act to amend an Act passed in the Seventh Year of the Reign of His late Majesty King George the Third, respecting Justices of the Quorum in Cities and Towns Corporate.-[ 23d May 1823.] WHEREAS an Act was passed in the seventh year of the reign of his late Majesty King George the Third, intituled An Act to obviate the Inconveniencies that may arise with respect to the Execution of Acts of Parliament in such cities, Boroughs, Towns Corporate, Franchises, or Liberties, as have only One Justice of the Peace of the Quorum qualified to act within the same; whereby it was enacted, that in all such cities, boroughs, towns corporate, franchises, and liberties, as have only one justice of the peace of the quorum, that all acts, orders, adjudications, warrants, indentures - of apprenticeship, or other instruments, which shall be made done or executed by two or more justices of the peace within such cities, boroughs, towns corporate, franchises, and liberties, though neither of the said justices are of the quorum, shall be valid and effectual in law: And whereas it is expedient that the provisions of the said Act should be extended to such cities and other jurisdictions as have two or any other limited number of justices of the quorum qualified to act within the same: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, |