Imatges de pàgina
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Manner of recovering rates and duties.--And to the intent that the rates and duties imposed by this act may be more effectually collected and levied, be it enacted, that in case any owner or master of any ship or other vessel shall neglect to pay the same, it shall be lawful for any other person or persons appointed for that purpose by the said mayor, aldermen, and commons, in common council assembled, to go on board such ship or other vessel to demand, collect, and receive the said rates or duties, and on nonpayment thereof to take and distrain any such ship or other vessel, and all the tackle, apparel, and furniture thereto belonging, or any part thereof, and all or any part of the coals, cinders, or culm in respect whereof such rates or duties shall be payable, either on board such ship or other vessel or on land, and the same to retain until the respective rates or duties shall be satisfied and paid; and in case of any neglect or default in payment of the said rates or duties for the space of five days after any distress or distresses so made or taken, that then it shall be lawful for the said person or persons appointed as aforesaid to cause the same to be appraised by two or more sworn appraisers or other sufficient persons, and afterwards to sell the said distress or distresses, and out of the produce of the sale thereof to satisfy themselves or himself, as well for and in respect of their or his reasonable charges in taking, keeping, appraising, and selling the same, as also for and in respect of the said rates and duties and every of them, rendering the overplus (if any such there be) to the owner, upon demand; and it shall be lawful for the said mayor and commonalty and citizens, in case of nonpayment of the rates and duties as aforesaid, instead of recovering the same in manner aforesaid, or in case the whole thereof shall not be so recovered, to proceed for the recovery of the same, or so much thereof as shall not be so recovered, by action of debt, or on the case in any court of record at Westminster. § 72.

Persons evading payment of duties to remain liable.-If any master, owner, or other person having the command or charge of any ship or other vessel, or the owner or factor of any coals, cinders, or culm, shall by any means whatsoever at any time or times elude, evade, or avoid the payment of the rates or duties hereby made payable in respect thereof, or any part of the same, every person eluding, evading, or avoiding payment as aforesaid shall forfeit and pay to the said mayor and commonalty and citizens a sum equal to the amount of such rates and duties, and shall also stand charged with and be liable to the payment of the said rates and duties; which rates and duties as well as the forfeiture incurred by having eluded, evaded, or avoided the payment thereof, shall and may be recovered from such master, or owner, or factor, or such person having such command or charge respectively, at any time or times, either by the means hereinbefore prescribed for the levying the said rates or duties, and by the same method, or in such manner as is hereinafter directed for levying and recovering the fines, forfeitures, and penalties imposed by this act, and with the like costs. § 73.

Owners of ships may compound for the number of tons in respect of which the duties shall be paid.-In order to prevent any trouble in ascertaining the quantity of coals, cinders, or culm contained in any ship or vessel, it shall be lawful for the said mayor, aldermen, and commons of the city of London, in common council assembled, or any committee or committees appointed by them, to agree and compound with the master, owner, or agent of any such ship or other vessel, that the same shall on any voyage or voyages, with respect to the rates or

duties hereby made payable, be considered to contain such number of tons of coals, cinders, or culm as the said mayor, aldermen, and commons, in common council assembled, or such committee or committees, upon consideration, shall think reasonable; and a certificate of such composition, signed by the town clerk of the said city for the time being, expressing the number of tons of coals, cinders, or culm agreed to be considered to be contained in such ship or vessel, in respect of which the rates or duties imposed by this act shall be payable, shall be given to the master or owner of such ship or vessel: provided always, that if any such ship or other vessel shall, after such composition, be enlarged, repaired, altered, or varied, whereby or by means whereof a larger, quantity of coal can be carried in such ship or vessel, such composition shall be void; and if the master or owner of any such ship or other vesssel shall omit to give notice to the clerk of the coal market of any such enlargement, reparation, alteration, or variation as aforesaid, or shall pay the amount of such composition as if no such enlargement, reparation, alteration, or variation had been made, he shall for every such offence forfeit and pay any sum not exceeding fifty pounds. § 74.

Fitters' certificates.-Every fitter or other person vending or delivering coals for the port of London shall send, in a letter directed to the clerk of the coal market, and put into the General Post Office on the day on which the ship or vessel containing any coals shall sail on any such voyage, or shall give to the ship master of such ship or vessel, before the same shall sail on every or any such voyage, a certificate signed by such fitter, containing the day of the month and year of such loading, the master's and ship's names, and the quantity of tons, and the usual names of the several and respective collieries out of which the said coals are and shall be wrought and gotten, and the price paid by the master or masters for each and every sort of coals that each and every fitter or other person vending or delivering coals as aforesaid, his or their agent or servant, hath sold and loaded on board each and every ship or vessel; and in case any person or personus omit or refuse to give such certificate as aforesaid, or shall give or make any false certificate, every person so offending shall for every such offence forfeit and pay the sum of one hundred pounds; and where such certificate shall be given to the ship master, he shall, upon the arrival of the said ship or vessel at the port of London, deliver, or cause to be delivered, such certificate at the office of the clerk of the coal market; and every fitter who shall send or give any such certificate as aforesaid shall, on or before the expiration of three calendar months next after the same shall have been given, send, in a letter directed to the said clerk of the coal market, and put into the General Post Office, or delivered at the office of the said clerk of the coal market, an affidavit, according to the form in the schedule to this act annexed, sworn by him before one of his Majesty's justices of the peace, (and which oath any such justice is hereby authorized to administer,) in which affidavit such fitter shall verify such certificate alone or together with any other certificates which may have been sent or given by him in the mean time ;

In case of loss of certificate, or of ship's destination being changed.— And in case it shall happen that such fitter's certificate shall at any time be accidentally lost, or in case any such ship or vessel shall have been originally loaded or entered outwards for exportation, and shall afterwards change her destination, and arrive or coine into the port of London without any such fitter's certificate having been obtained or

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provided, then and in either of such last-mentioned cases each and every master of such ship or vessel shall deliver, or cause to be delivered, a like account of the quantity and name or names, or description or descriptions of the coals on board of such his ship or vessel, at the office of the clerk of the coal market, together with an affidavit to accompany such account, and to be sworn by such master before any of his Majesty's justice or justices of the peace for the county, city, town, or place where the same shall be sworn, (and which oath any such justice or justices is and are hereby authorized to administer,) in which affidavit such master shall state and verify such circumstances, either of the accidental loss of any such certificate, or of any such ship having been originally entered outwards, and having afterwards changed her destination and arrived as aforesaid, without any such certificate having been obtained or provided (as the case may be ;) and such clerk or other officer is hereby required to receive and register such certificate or certificates as aforesaid, account or accounts, together with the affidavit or affidavits accompanying any such account or accounts as aforesaid ;

Penalty for false certificate or non delivery; or neglect to register, or refusing to show certificate.—And in case any master of any ship or vessel shall knowingly give in any false certificate or account as aforesaid to be registered, or shall not, when no certificate shall have been sent by the post, within twenty-four hours after the arrival of his ship at her moorings in the port of London deliver, or cause to be delivered, in his certificate or such account and affidavit as aforesaid, to be registered in manner aforesaid, every person so offending shall for every such offence forfeit and pay any sum not exceeeding one hundred pounds; and if the person or persons who ought to register, file, or enter such certificate or account, or his or their clerk or deputy officiating in such office, shall neglect to register the same for the space of twenty-four hours after the delivery of such certificate or account into such office or offices, or shall make a false entry of such certificate or account, or refuse to show and produce such certificate or account, and registry thereof, to any person or persons coming between the hours of twelve and two to see and inspect the same, and take extracts therefrom, every person so offending shall for every such offence forfeit and pay any sum not exceeding five pounds. §75.

In certain cases master of ship to permit inspector to weigh coals.— No such certificate of composition shall have been given, and the said mayor, aldermen, and commons of the said city of London, in common council assembled, or any inspector appointed by them, shall not be satisfied with any such fitter's certificate or account and affidavit as aforesaid, and shall require, before any coals shall be delivered from the ship or vessel respecting which the same shall have been given, that such coals shall be weighed, in order to ascertain whether such certificate or account and affidavit be correct, the master of such ship or vessel shall permit any such inspector to weigh the coals in such ship or vessel at the time of the delivery thereof;-and in case the quantity of coals in such ship or vessel shall exceed the quantity mentioned in the fitter's certificate thereof, or such account and affidavit as aforesaid, to the extent of five pounds over and above every one hundred pounds of such coals, then, in addition to the penalty of one hundred pounds which will be incurred by sending or giving such false certificate or account as aforesaid, there shall be paid by the master of such ship or vessel to the inspector by whom such coals shall be weighed, a sum not exceeding three-pence per ton for or in respect of the trouble of weighing the same,

and the use of the weighing machines employed for that purpose, which sum shall be recovered in the same manner as hereinafter is directed with respect to any penalty imposed by this act; but no payment shall be required by such inspector for trouble or the use of machines, in case the quantity of coals shall not be found to exceed the quantity stated in such certificate or account as aforesaid to the extent hereinbefore mentioned. § 76.

Recovery and application of fines and penalties not exceeding £25.-All fines, penalties, or forfeitures by this act, or by virtue of the powers and authorities thereof, imposed, (the manner of levying and recovering whereof is not hereby otherwise directed,) not exceeding twenty-five pounds, shall be sued for within one calendar month after the offence or offences committed; and all such fines, penalties, and forfeitures shall be levied and recovered before any justice or justices of the peace for the county, city, or place where the offence shall be committed; and such justice or justices is and are hereby empowered and required, upon information or complaint to him or them made, to grant a summons or warrant to bring before him or them such offender or offenders at the time and place as shall be in such warrant specified; and if, on the conviction of the offenders respectively, either on his, 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 is and are hereby empowered to administer,) such fine, penalty, or forfeiture shall not be forthwith paid, the same shall be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal of such justice or justices; and the overplus of the money (if any) raised by such distress and sale, after deducting the fine, penalty, or forfeiture, and the costs and charges of making such distress and sale, shall be rendered to the owner of the goods and chattels so distrained; and for want of distress, or in case the fine, penalty, or forfeiture shall not be forthwith paid, it shall and may be lawful to and for such justice or justices to commit every such offender to the common gaol or house of correction for the county, city, or place where the offence shall be committed, there to remain without bail or mainprize for any time not exceeding six calendar months, unless such fine, penalty, or forfeiture, and all reasonable charges attending the recovery thereof, shall be sooner paid; and all such fines, penalties, and forfeitures when recovered shall be paid into the hands of the overseers of the poor of the parish, township, or place where the same shall have been incurred, for the use of the poor of such parish, township, or place. § 77.

Justices may proceed by summons in the recovery of penalties.In all cases in which by this act any penalty or forfeiture is made recoverable before a justice of the peace, it shall be lawful for any justice of the peace to whom complaint shall be made of any offence against this act to summon the party complained against before him, and ou such summons to hear, and determine the matter of such complaint, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing shall have been exhibited or taken by or before such justice; and all such proceedings by summons without information shall be as good, valid, and effectual, to all intents and purposes, as if an information in writing was exhibited.

Power to the justice to give part of penalties to informers.-Provided

always, that it shall be lawful for any justice or justices before whom any such conviction shall take place, if they or he shall think fit, to order and direct any part, not exceeding one-half, of such fines, penalties, and forfeitures, to be paid or applied to or for the use of the informer or informers, or other persons aiding or assisting in the apprehension of the offender or offenders, or any of them. § 79.

Expences of witnesses may be directed to be paid.—It shall be lawful for any justice or justices, before whom any person or persons shall be brought or convicted for any offence for which a penalty is imposed by this act, to direct all or any part, according to the discretion of such justice or justices, of the reasonable expences of any constable, police officer, or other witness, of the matter which shall be charged, and of such compensation (if any) for the time and trouble of such witness, as such justice or justices shall think reasonable, to be paid either by the offender or offenders, or the complainant or complainants; and the sum so ordered to be paid shall and may be recovered, together with any penalty of which the person by whom the same shall be ordered to be paid shall have been convicted, or without, in the same manner as any penalty is directed to be recovered by this act, and shall be paid to such constable, police officer, or other witness. § 80.

Penalties incurred by carmen may be recovered from their employers. § 81.

Appeal to the quarter sessions.—It shall and may be lawful to and for any person or persons so convicted by any justice or justices of the peace, as before mentioned, of any offence or offences against this act, or against any rule, order, or by-law made in pursuance thereof, to appeal to the justices of the peace assembled at the next general quarter sessions, or general sessions to be holden for the county, city, or place where such conviction shall be made, on giving immediate notice of such appeal, and finding sufficient security to the satisfaction of such justice or justices for prosecuting the said appeal with effect, and abiding the determination of the court therein; and such justices in such general quarter sessions or general sessions shall 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 the said justices shall seem just and reasonable; and the decision of the said justices therein shall be final, binding, and conclusive; and no proceedings 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 anywise notwithstanding. § 82.

For compelling attendance of witnesses.-It shall and may be lawful to and for any such justice or justices of the peace before whom any such fines, penalties, or forfeitures shall be sued for to summon before him or them any person who shall, in or by the complaint or information made to him or them, appear to be a necessary witness as to the matters thereby charged, to appear before him or them at a time and place to be specified in the summons; and in case such person so summoned shall not appear according to such summons, then upon due proof of the service of such summons in manner aforesaid, such person so summoned, and not appearing in compliance therewith, shall forfeit and pay the sum of twenty-five pounds, to be levied and recovered in such manner, and by such ways and means as are herein-before directed as to other penalties; and it shall and may be lawful to and for the said justice or

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