apprehend and detain every such person, and forthwith convey him 5 G. 4. c. 55. 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 hereinafter directed. For offences declared misdemeanors, and for which no XIII. Penalty for Offences declared_Hisdemeanors, and Punishinent under Stat. 2 G. 3. c. 28. By stat. 3 G. 4. c. 55. § 40. it is enacted, that for every of fence herein before declared to be a misdemeanor, or for which no special penalty is herein before appointed, the offender shall, at the discretion of the justice before whom the conviction shall penalty is aptake place, either forfeit and pay any sum not exceeding five pointed, offendpounds, or suffer imprisonment for any time not exceeding two ers shall forfeit months, in any gaol or house of correction within the jurisdiction not exceeding of such justice; and in case of the adjudication of a pecuniary soned. 5l., or be impripenalty, and nonpayment 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 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 Articles seized that when any articles shall be seized by virtue of this act, and to be advertised if person conthe person in whose possession the same shall have been found victed. shall be convicted of a misdemeanor as aforesaid, it shall be lawful for the justice before 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 2 G.3. c. 28. 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. $42. And whereas the punishments for misdemeanors provided Misdemeanors in and by the said act of the second year of his late majesty's under recited reign have been found insufficient for the preventing of such act, 2 G.3. c.28. to be punished offences; enacts, that every person who shall be guilty of at the discretion any of the offences respectively made and declared to be misde- of the justice. meanors in and by the said act, may be 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 3 G. 4. c. 55. Offences how to be tried. Forfeited boats, instead of being burnt, may be restored or sold. Disputes about wages for labour done on the river, &c.(except 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 reenacted. XIV. Dffences how to be tried. By stat. 3 G. 4. c. 55. § 41. it is 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 hereinbefore 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. XV. Forfeited Boats. By stat. 3 G. 4. c. 55. f 43. it is 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. XVI. Disputes respecting Wages for Labour on the By stat. 3 G. 4. c. 55. §44. after reciting that, whereas disputes frequently arise between bargemen, lightermen, watermen, ballastmen, coal-whippers, coal-porters, sailors, lumpers, riggers, shipwrights, tices, provided caulkers, and other labourers who work for hire in or upon the said 3 G. 4. e. 55. river, and the docks, creeks, wharfs, quays, and places adjacent, by Trinity balrespecting wages or money, due to them for work, and the owners, lastmen) to be masters, or commanders of vessels and their agents, and the owners, settled by juswharfingers, or occupiers of such wharfs or quays, and their agents the sum in and other persons employing such labourers; it is enacted, question does that all differences, complaints, and disputes which shall happen not exceed 57. 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, lighterman, 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 nonpayment 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. § 45. Provides, that nothing herein contained shall extend to authorize or empower any justice, except the 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 Jurisdiction for determining disputes about wages for labour Thames, &c. done on the 3 G. 4. c. 55. Not to affect the rights of the city of London, &c. Nor the Dean or of Westminster. Not to affect the rights of the &c. 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. XVII. Places excepted from the operation of this Act. Stat. 3 G. 4. c. 55. § 46. provides, 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 heretofore 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. § 47. Provides and enacts, 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. § 48. Provides and enacts, that nothing in this act contained shall extend to prejudice or derogate from any of the rights, Trinity House, privileges, or authorities of the master, warden, and assistants of the guild, fraternity, or brotherhood of the most glorious and undivided Trinity, and of St. Clement, in the parish of Deptford Strond, in the county of Kent. 3 G. 4. c. 55. XVIII. Commencement and Continuance of this Act. By 49. it is enacted, this act shall commence and have Commencement effect from the expiration of the said recited act of the last sesand continuance sion of parliament, and shall continue in force for seven years. § 50. This act is declared to be a public act. of act. Public act. 413 Poor (Overseers.) [See stat. 55 G. 3. c. 137. § 6.4 Burn, 29.] POPE v. Backhouse, E. 58 G. 3. 2 Moor, C. P. 186. This was If a churchwarden supply wheat and flour the parish for which he is appointed, he is liable to the penalty inflicted by 55 G. 3. to the poor of c. 137. § 6. although he furnish such articles at a fair market price. J. S. being the master of the workhouse, ap |