last-man to any gaol or house of correction of the county where such offence was committed, there to be kept to hard labour for any time not exceeding three calendar months, as such justice shall think fit; or if such justice shall not think that the making such compensation, and paying any pecuniary penalty, or any such commitment for nonpayment thereof, is an adequate punishment, he may commit such ballast-man to the common gaol of such county, there to remain until the next quarter sessions, and if any indictment shall be preferred and found against such offender, it shall be lawful for the justice at such quarter sessions to proceed forthwith to the trial and conviction of such offender, and on conviction to punish such offender by fine and by imprisonment in any gaol or house of correction of the county, according to the enormity of the offence. § 34. Ballast-men quitting service illegally or without due notice may be imprisoned or fined. § 35. Penalty on ballast-men refusing to work five pounds, or not less than five shillings. § 36. Ballast-men to be subject to the government of the corporation, who may make by-laws. § 37. Copies of by-laws to be put up in the ballast-office. § 38. The master of the corporation and his deputy to act as justices in Middlesex, Surrey, Essex, and Kent, provided that nothing herein shall authorize any such master or deputy to act as a justice of the peace on the commitment, trial, or conviction of any owner, master, mate, or other officer of any ship or vessel, or of any other person not in the service of the said corporation, or in any case in which any pecuniary penalty may be demanded against any ruler. § 39. Concurrent jurisdiction to justices of the peace.-No such jurisdiction shall be deemed to exclude any jurisdiction or authority of any justice of the peace of the said counties of Middlesex, Surrey, Essex, and Kent, or any of them, wherein any offence, under this act, shall have been committed. § 40. Saving the rights of Lord Mayor of London, as conservator of the river Thames, &c.-And the Lord Mayor for the time being to hear and determine all offences contrary to this act, or such by-laws, rules, orders, and regulations as shall be made, and upon conviction of the offender to impose penalties, not exceeding the penalties hereby inflicted, or which shall be inflicted by the said by-laws, &c. ; but no person shall be punished twice for one and the same offence. § 41. Sections 42, 43, and 44, altered by the following act. Witnesses not appearing on summons.-If any person who shall be summoned as a witness before any justice of the peace, shall refuse or neglect to appear at the time appointed, and show no just cause for such neglect or refusal, it shall be lawful for such justice (on proof of such summons having been served) to issue his warrant to bring such person before him, and if on being brought before any justice, 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 to commit such person to the house of correction for any time not exceeding one calendar month, nor less than three days, as any such justice shall direct. § 45. Persons escaping into other counties, &c. may be followed. § 46. Distress not unlawful for want of form. § 47. Form of conviction. § 48. Appeal to the quarter sessions. § 49. mitation of actions. If any action shall be brought against any on for any thing done in pursuance of this act, the suit shall be nenced within three calendar months next after the fact committed, not afterwards, and shall be laid in the county, city, or place where cause of action arises, and not elsewhere; and the defendant may 1 the general issue not guilty, and give this act and the special er in evidence, at any trial to be had thereupon, and that the same done in pursuance of this act; and if it shall appear so to be done, e brought after the time limited, then the jury shall find for defendant; or if the plaintiff shall become nonsuited or suffer a ontinuance of his action, or if a verdict shall pass against the plaintiff, upon demurrer judgment shall be given against the plaintiff, the ndant shall have treble costs, and shall have such remedy for the e as any defendant hath or have for costs of suit in other cases by . § 50. 1pplication of penalties.—All pecuniary penalties and forfeitures irred under the act of the 45 Geo. III. c. 98. by any owner, ster, mate, or other officer or person belonging to any ship vessel, or by any other person not in the pay or service of the poration of Trinity-house of Deptford Strond, for any offence comted against the said recited act, or against any by-law made in purnce thereof; and also all penalties incurred by any ballast-man or son in the service of the said corporation, in relation to any neglect refusal to work, or any disobedience of any orders or regulations of said corporation, shall be applied in manner following: one moiety the corporation (after defraying thereout the expenses of carrying this into execution) for the benefit of poor and decayed seamen and last-men, and their widows and families, and the other moiety the person on whose information or prosecution any such conviction recovery shall have taken place; and all other penalties and fortures by the said recited act imposed shall be applied in manner lowing: one moiety to the corporation, to be applied as aforesaid, d the other moiety to the person injured, if he shall prosecute as reinafter mentioned; but if no injury shall have arisen to any indidual, or the party injured shall not prosecute within thirty days ter the offence committed, then for the use of the person on whose formation or prosecution any such conviction or recovery shall have ken place. 49 Geo. III. c. 155. § 2. Mode of recovering penalties not exceeding twenty pounds.—All nes, penalties, or forfeitures imposed by the said act, or by any by-law ade under the authority thereof, which shall not exceed twenty pounds, r in respect of which a sum not exceeding twenty pounds may disetionally be awarded, shall be levied and recovered within six calendar months after the offence committed, before any justice of the peace or the county or place where the offence shall be committed, or if comitted on any part of the river Thames, then before any justice of the eace for the counties of Kent, Surrey, Essex, or Middlesex, or before he Lord Mayor, or any magistrate of the city of London; and such ustice is empowered and required, upon complaint to him made, grant a warrant to bring before him such offender at the time or place n such warrant specified; and if on conviction of the offender respectvely, or on his confession, or on the evidence of any one or more espectable witness upon oath, (which oath such justice is hereby empowered to administer,) such fine, &c. and all reasonable charges which shall attend the recovery thereof, and be awarded by such justice to be paid, shall not be forthwith paid, it shall and may be lawful to and for such justice to commit every such offender to the common gaol or house of correction for the county or place where the offender shall be convicted, there to remain without bail or mainprize for any time not exceeding two calendar months, and not less than seven days, unless such fine, &c. and all reasonable charges as aforesaid, shall be sooner paid; and the powers and authorities aforesaid of such justices or magistrates shall be applicable to any case in which it is by the said recited act enacted that any penalty shall not exceed a sum specified, and shall not be less than another sum specified, such smaller sum not exceeding twenty pounds: provided always, that no justice shall in any case award any sum exceeding twenty pounds. § 3. Mode of recovering rates and penalties exceeding twenty pounds.-All RATES, (by 45 Geo III. c. 98. § 44.) and all fines, penalties, or forfeitures exceeding the sum of twenty pounds, by the said act imposed for any offence committed against the said act, or in which any greater sum may be awarded than twenty pounds, may be recovered with full costs of suit by the party injured, or by any person suing for the same by action of debt, in any of his Majesty's courts of record at Westminster, within twelve calendar months next. after the offence shall be committed; and in any case in which it is by the said recited act enacted that any penalty shall not exceed any sum specified, which sum so specified, or which by the circumstances of the case shall exceed twenty pounds, it shall be lawful to sue for the full penalty; and it shall also be lawful for the jury giving the verdict to award any sum not less than the sum specified as the lowest penalty, nor greater than the sum specified as the highest penalty, for the offence for which the action shall be brought. § 4. By the 3 Geo. IV. c. 111. the acts of the 45 Geo. III. c. 98. and the 49 Geo. III. c. 155. are continued till the 1st of August, 1843, and from thence to the end of the then next session of parliament; and by § 4 the corporation may reduce or abolish the rates for ballast, and raise them again. COAL } AST carried to any ship or vessel employed in the COAL. TRADE, the ton of 20 cwt.. And by the 3 Geo. IV. c. 111. additional*. 0 1 020 026 0 6622 03 2 0 3 BALLAST delivered in or unladen from the following docks and places. DON DOCKS.... And by the 3 Geo. IV. c. 111. additional* ST INDIA DOCKS, viz. And by the 3 Geo. IV. c. 111, additional*, And by the 3 Geo. IV. c. 111. additional*, IT CANAL... RRY CANAL GENT'S CANAL.... ND BALLAST: From the quarries, pits, or works of chalk, flint, or lime to the east NB. Any ship or vessel may carry as ballast only any quantity of BRICKS, TILES, ME, CHALK, (not chalk-rubbish,) FLINTS, or ANY MERCHANDIZE from any part of the wer Thames without making any entry thereof. See 45 Geo. III. c. 98. § 5. ALLAST unladen from any ship on arrival in the river Thames, per ton.... 0 0 6 45 Geo. III. c. 98. § 16. * Which additional rates or prices shall be paid over and above the rates in he 45 Geo. III. c. 98. by the owner or master, or other person acting as agent for the hips or vessels into or from which ballast shall be delivered or taken respectively. Geo. IV. c. 111. § 3. LONDON DOCKS. ABSTRACT of an ACT to consolidate and amend the several Acts for making the London Docks. 9 Geo. IV. c. 116. Whereas an act was passed in the fortieth year of the reign of his late Majesty, Geo. III., intituled, " An Act for making Wet Docks, Basins, Cuts, and other Works, for the greater Accommodation and Security of Shipping, Commerce, and Revenue, within the Port of London ;" whereby, after reciting that for the greater accommodation and security of shipping, commerce, and revenue within the port of London, it was expedient that good and sufficient wet docks and basins, with proper cuts, sluices, and outlets, should be made and established, under proper regulations, in convenient situations within the port of London, and as near as might be to the city of London and seat of commerce, with legal quays and wharfs attached thereto, for the reception and discharge of loaded ships and other vessels, and that the several persons named in the said act had entered into a subscription to raise a certain sum as a joint stock or fund for the purposes aforesaid, it was enacted, that the several persons therein named, and their several executors, administrators, and assigns, and all and every other person or persons, body or bodies politic, corporate, or collegiate, corporations aggregate or sole, who should, according to the conditions and restrictions therein set forth, be possessed of any part of the said joint stock, their several and respective executors, administrators, and assigns, should have full power and authority at all times thereafter to order and direct the making, completing, supporting, altering, amending, and continuing such one: or more basin or basins, dock or docks, with quays and wharfs adjoining and appertaining thereto respectively, and also all such docks, slips, sluices, culverts, drains, bridges, roads, streets, and communications with or into the river Thames, and also the building of proper piers in the said river for the entrance of ships into or out of the dock or docks, basin or basins, at or near the Hermitage Dock, also at or near the river side between Bell Dock and Wapping Old Stairs, also at or near Shadwell Dock, and also the making such other works, within the limits and under the restrictions therein mentioned, as they should think proper to answer the intent and meaning of that act, and should for those purposes be a joint stock company by the name and description of "The London Dock Company:" and whereas other acts were passed in the reign of his late Majesty viz. 44 Geo. III. c. 2.-44 Geo. III. c. 100.-45 Geo. III. c. 58.-46 Geo. III. c. 59.-47 Geo. III. Sess. 2. c. 5.-49 Geo. III. c. 156.-50 Geo. III. c. 151.-51 Geo. III. c. 49.-52 Geo. III. c. 114.—54 Geo. III. c. 40.-55 Geo. III. c. 3.-58 Geo. III. c. 62.-and the 4 Geo. IV. c. 124. And whereas it is expedient that the said several acts should be repealed (except as hereinafter mentioned), and that the powers, provisions, and authorities therein contained, and which now remain in force, should be consolidated in one act. May it therefore please your Majesty that it may be enacted, and be it enacted, &c. that from and after the passing of this act the said several acts hereinbefore mentioned, and all and singular the powers, provisions, authorities, matters, and things therein respectively contained, shall be and the same are hereby repealed. : |