صور الصفحة
PDF
النشر الإلكتروني

any Ship or Veffel, Lighter, Barge, Boat or other Craft, shall be funk or ftranded in any Port, Harbour, Haven, Road, Roadstead, Sound, Channel, Creek, Bay or Navigable River in this Kingdom, where fuch Harbour Mafter fhall be fo appointed as aforefaid, it fhall be lawful for any fuch Harbour Mafter, and also for any Commiffioner of the Navy refiding in or near the Place where the fame fhall happen, in cafe the Owner or Owners, Mafter or other Perfon having the Charge or Command of fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, fhall refufe or neglect to weigh and raife the fame for the Space of Twenty eight Days then next fol. lowing, to cause any fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, to be weighed and raised, and to cause the fame, and the Furniture, Tackle and Apparel thereof, or any Part thereof respectively, and alfo all or any Part of any Goods, Wares, Merchandizes, Chattels and Effects which shall be found on board the same, to be fold by Public Auction, or otherwife, and thereby and therewith to pay the Charges and Expences of Weighing and Raifing fuch Ship or Veffel, Lighter, Barge, Boat or other Craft, and clearing the Port, Harbour, Haven, Road, Roadstead, Sound, Channel, Creek, Bay or Navigable River, where the fame fhall happen, and alfo the Charges and Expences of fuch Sale, rendering the Overplus (if any be) to the Owner or Owners, or other Perfon or Perfons, who by Law fhall be entitled to the fame.

XVIII. And it is hereby declared and enacted, That all and Officers inevery fuch Harbour Mafter, and Commiffioners of the Navy, and demnified. all and every Officer and Officers of any of His Majefty's Ships of War, Docks, Dock Yards and Arfenals, and all and every other Perfon and Perfons acting in his, their or any of their Aid or Affiftance, fhall be, and he and they is and are hereby indemnified for all and whatsoever he or they fhall do or caufe to be done in purfuance of this A&t.

XIX. Provided always, and be it further enacted, That in cafe Harbour Master the faid Harbour Mafter or Commiffioner of the Navy, fhall not neglecting, proceed to caufe fuch Ship or Veffel, Lighter, Barge, Boat or Owner may other Craft to be weighed and raised within the Space of Two raise Veffel, Calendar Months next after the Expiration of the said Twenty eight Days, then and in that cafe it fhall and may be lawful to and for fuch Owner or Owners, Master or other Perfon, to proceed to weigh and raise such funken or ftranded Ship or Veffel, Barge, Boat or other Craft, and the Goods and Effects therein, in the fame manner as if this Act had not been made and paffed.

XX. And be it further enacted, That every Commiffioner of the Commiffioners Navy, who for the time being shall be refiding at any Port, Dock of Navy acting Yard or Arfenal, near to any Place where any Offence againft this as Justices. A&t may be committed, fhall be and be deemed to be a Juftice of the Peace for all the Purposes of this Act; and that all and every the Laws and Statutes of this Realm made and now in force, for the Eafe, Safety and Protection of Juftices of the Peace in the Execution of their Office, fhall extend and be conftrued to extend to all fuch Commiffioners of the Navy, and to all Conftables, Headboroughs or other Peace Officers or Perfons acting under the Warrant or Authority of any fuch Commiffioner of the Navy, as fully and effec tually, to all Intents and Purposes, as if the fame were herein and hereby repeated and re-enacted as to and for the Eafe, Safety and Protection

3 H 2

Penalties, &c.

&c.

Protection of fuch Commiffioners of the Navy, and the Conftables, Headboroughs or other Peace Officers or Perfons acting under their or any of their Warrant or Authority.

XXI. And be it further enacted, That all the Penalties and Forhow recovered, feitures impofed by this Act shall be fued for within Twelve Calendar Months next after the Offence or Offences fhall be committed, before any Commiffioner of the Navy or Juftice of the Peace refiding at or near to the Place where any fuch Offence or Offences shall be committed; all which faid Penalties and Forfeitures fhall go and be applied as follows; that is to fay, One Moiety thereof to the Ufe of His Majefty, his Heirs and Succeffors, and the other Moiety thereof, with full Cofts, to be adjudged by fuch Commiffioner of the Navy or Juftice of the Peace, to the Informer; and every fuch Commiffioner of the Navy and Justice of the Peace, is hereby authorized and required, upon Information exhibited or Complaint made, to grant and iffue his Warrant in Writing under his Hand, to bring before them refpectively fuch Offender or Offenders at the Time and Place in fuch Warrant fpecified; and if on the Conviction of the Offender or Offenders refpectively, on his, her or their Confeffion, or on Oath (which Oath every fuch Commiffioner of the Navy and Juftice of the Peace is hereby authorized and empowered to adminifter), fuch Penalty or Forfeiture, together with fuch Cofts as aforefaid, fhall not be forthwith paid, it fhall be lawful for fuch ComImprisonment. miffioner of the Navy or Juftice of the Peace to commit any fuch Offender or Offenders to the Common Gaol or Houfe of Correction for the County, City or Borough, at or near to the Place where the Offence or Offences shall be committed, there to remain without Bail or Mainprize for any time not exceeding Three Months, unless fuch Penalty or Forfeiture and Cofts fhall be fooner paid.

Extent of Jurifdiction of Commifiioners of Navy and

Jeftices of Peace.

Conviction how drawn up.

·

• XXII. And Whereas divers Ports, Harbours, Havens, Roads, Roadfteads, Sounds, Channels, Creeks, Bays and Navigable Rivers, in this Kingdom, do lie partly in one County and partly in another, and partly or in the Whole out of the Body of any County of this Realm; by reason whereof Doubts may arife as to the Jurifdiction of any Commiffioner of the Navy or Juftice of the Peace, touching any Offence or Offences which may be committed contrary to this Act;' Be it therefore enacted, That it fhall be lawful for any Commiffioner of the Navy, refiding at or near to any Port, Harbour or Haven, or any Part thereof, or for any Juftice of the Peace for any County, City or Borough, acting in and for any Diftrict or Place next adjoining to any fuch Port, Harbour, Haven, Road, Roadstead, Sound, Channel, Creek, Bay or Navigable River, or any Member of any of them, where any fuch Offence or Offences may be committed, to proceed in the Execution of this Act, and of all the Powers and Authorities thereof, herein and hereby given to Commiffioners of the Navy and Justices of the Peace, in fuch and the fame manner, and as fully and effectually to all Intents and Purposes, as if fuch Offence or Offences had been committed locally within the Limits of the Jurifdiction of fuch Commiffioner of the Navy or Justice of the Peace, although the same may have been committed out of the Limits of the Jurifdiction of fuch Commiffioner or Juftice, or out of the Body of any County of this Realm.

XXIII. And, for the more cafy and speedy Conviction of Offenders against this A&t, and alfo for the Prevention of frivolous and vexa

tious Appeals, be it further enacted, That every Commiffioner of the Navy and Juftice of the Peace before whom any Perfon or Perfons fhall be convicted of any Offence or Offences againft this Act, fhall and may cause the Conviction to be drawn up according to the following Form, or in any Form of Words to the like Effect, mutatis mutandis; which Conviction fhall be good and effectual to all Intents and Purposes, without ftating the cafe, or the Facts or Evidence, in any more particular manner; that is to say,

[ocr errors]

BE it Remembered, that on the

in the Year of our Lord

A. B. is convicted before me

Day of Form.

One of the

Commiffioners of the Navy, or One of His Majefty's Juftices of

[ocr errors]
[blocks in formation]

may be] for that the faid A. B. on the

at

[as the cafe
Day of

did [here flate the Offence againft this

Aa] contrary to the Statute in fuch cafe made and provided.
Given under my Hand and Seal the Day and Year first above

' written.'

Which Conviction the said Commiffioner or Justice shall caufe to be Written on
fairly written upon Parchment or Paper, and returned to the next Parchment, &c.
General Quarter Seffions of the Peace for the County, Divifion, City,
Town Corporate, Liberty or Place, where fuch Conviction was

made, to be filed by the Clerk of the Peace, and there to remain and Filed.
be kept among the Records of the fame County, Division or Place;
and the fame fhall not be removed by Certiorari, Advocation Certiorari, &c.
or Sufpenfion, or any other Process whatfoever, into any Court
whatsoever.

XXIV. And be it further enacted, That if any Perfon or Perfons fhall be fummoned as a Witness or Witneffes to give Evidence before any fuch Commiffioner or Juftice or Juftices of the Peace, touching any of the Matters relative to this Act, either on the part of the Informer or Profecutor, or of the Party or Parties accufed, and fhall neglect or refuse to appear at the Time and Place to be for that Purpofe appointed, without a reasonable Excufe for fuch his, her or their Neglect or Refufal, to be allowed by fuch Commiffioner or Juftice or Juftices of the Peace before whom the Complaint or Profecution fhall be depending, that then every fuch Perfon fhall forfeit for every fuch Offence the Sum of Ten Pounds, to be recovered, levied and paid and applied in fuch manner and by fuch means as is above directed with refpect to Fines on fummary Convictions.

Witneffes not

attending.

Penalty.

XXV. And be it further enacted, That if any Perfon, upon PerjuryExamination on Oath or Affirmation before any Commiffioner of the Navy, or before any Juftice of the Peace in any Matter relating to the Execution of this Act, fhall wilfully and corruptly give false Evidence, or fhall in any Information or Depofition fworn, or Affirmation taken in Writing, before any fuch Commiffioner or Juftice, wilfully and corruptly fwear or affirm any Matter or Thing which fhall be falfe or untrue, every fuch Perfon fo offending, and being thereof lawfully convicted, fhall be and is hereby declared to be fubject and liable to the like Pains and Penalties as any Perfons convicted of wilful and corrupt Perjury are by any Law now in force fubject and liable to.

XXVI. And be it further enacted, That it fhall and may be lawful to and for any Perfon or Perfons fo convicted by any Com3 H 3 miffioner

Appea

Notice.

Recognizance.

Cofts.

Final.

Limitation of
Actions.

General Iffue.

Treble Cofts.

Provifo for Right of Property, &c.

Provifo for
Local Acts.

miffioner of the Navy or Juftice of the Peace before mentioned, of any Offence or Offences againft this Act, within Three Calendar Months next after fuch Conviction, to appeal to the Juftices of the Peace affembled at the General Quarter Seffions holden for the County, City or Place, where the Matter of Appeal fhall arife, firft giving Ten Days' Notice of fuch Appeal to the Perfon or Perfons appealed againft, and of the Matter thereof, and entering into a Recognizance before fome Commiffioner of the Navy, or Justice of the Peace for fuch County, City or Place, with Two fufficient Sureties conditioned to try fuch Appeal, and for abiding the Determination of the Court therein; and fuch Juftices at the General Quarter Seffions fhall, upon due Proof of fuch Notice having been given, and a Recognizance having been entered into, hear and determine the Matter of fuch Appeal, and may either confirm or quash and annul the faid Conviction, and award fuch Cofts to either Party as to them fhall feem just and reasonable; and the Decision of the said Justices therein shall be final, binding and conclufive.

XXVII. And be it further enacted, That if any Action or Suit fhall be brought or commenced against any Perfon or Perfons, for any thing done in purfuance of this Act, fuch Action or Suit fhall be commenced within Six Months after the Matter or Thing done, and the Venue therein laid in the proper County, and not elsewhere; and the Defendant or Defendants in fuch Action or Suit may plead the General Iffue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon; and if a Verdict fhall pafs for the Defendant or Defendants, or the Plaintiff fhall be nonfuited or discontinue his Action, after the Defendant or Defendants has or have appeared, or if Judgment fhall be given upon any Verdict or Demurrer against the Plaintiff or Plaintiffs, the Defendant or Defendants fhall recover Treble Cofts, and have the like Remedy for the fame as Defendants have by Law in other cafes.

XXVIII. Provided always, and be it further enacted, That nothing in this Act contained fhall extend or be construed to extend to prejudice, diminish, abridge, alter or take away any Right of Property, Privilege or Jurifdiction, or any Powers of Confervancy, held, poffeffed, ufed, exercised or enjoyed by any Body Corporate or Politic, or by any Lord or Lords, Lady or Ladies of any Manor or Manors, or any Perfon or Perfons whatsoever, in, to, upon or over any of the Ports, Harbours, Havens, Roads, Roadfteads, Sounds, Channels, Creeks, Bays or Navigable Rivers of the United Kingdom, or to the Banks, Shores or Sides thereof; or to repeal any of the Provifions contained in any Act or Acts of Parliament which may have been paffed for the Regulation of any River, Port or Harbour, in the United Kingdom, or the Shipping frequenting the fame, except fuch Acts and Provifions as are exprefsly repealed by this prefent A&t; but that fuch refpective Rights of Property, Privileges, Jurifdictions and Powers of Confervancy, fhall be refpectively and exclufively enjoyed in as full, ample and beneficial a manner in every refpect, to all Intents and Purposes, as if this A&t had never been made; any thing herein contained to the contrary notwithstanding.

CAP.

CA P. CLX.

An Act to enable His Majefty to fettle an Annuity upon Her Royal Highness the Princess of Wales, during the joint Lives of His Majefty and of Her Royal Highness.

[ocr errors]

• Moft Gracious Sovereign,

[29th July 1814.]

THEREAS an A&t of Parliament, paffed in the Thirty fifth 35 G. 3. c. 125.

W Year of the Reign of His prefent Majefty, intituled An 48

for enabling His Majefty to fettle an Annuity on His Royal Highnefs the Prince of Wales, during the joint Lives of His Majefly and of His faid Royal Highness; for making Provifion out of His Revenues for the Payment of any Debts that may be due from His Royal Highness; for preventing the Accumulation of Debts in future; and "for regulating the Mode of Expenditure of the faid Revenues: And Whereas His Royal Highnefs the Prince of Wales did, under the faid Act, and in pursuance of the Powers therein contained, authorize the Payment of Five thousand Pounds made payable Quarterly by the said A& to Him or any Perfon authorized by Him, at the Receipt of the Exchequer, to Her Royal Highnefs the Princess of Wales; which Sum hath been received for Her Ufe: And • Whereas His faid Royal Highness did afterwards cause the further Annual Sum of Twelve thousand Pounds to be paid to Her Royal Highness; which Sum Her Royal Highness alfo continued to re⚫ceive until the Arrangement hereinafter mentioned: And Whereas ⚫ it was, in the Year One thousand eight hundred and nine, reprefented to His Royal Highness the Prince of Wales, that the Debts of Her faid Royal Highness amounted to the Sum of Forty nine thousand • Pounds, and His faid Royal Highness did moft graciously propose to take upon Himfelf the Arrangement of the faid Debts of Her • Royal Highness to that Amount, although under no legal Obligation to pay thofe Debts: And Whereas His Royal Highness was alfo graciously pleased to propofe to increase the Income of Her Royal Highness to the Sum of Seventeen thoufand Pounds Net, by adding the Sum of Five thousand Pounds to the faid Sum of Twelve thousand Pounds, amounting in the whole, with the faid before • mentioned Sum of Five thousand Pounds per Annum, received by Her Royal Highness at the Exchequer, to the Sum of Twenty two thousand Pounds: And Whereas, with a View to fecure Regularity in the Expenditure of Her Royal Highness, and that all the Demands upon Her Royal Highnefs's Income might be • administered in fuch manner as might be neceffary to answer the ⚫ intended Objects which His Royal Highness had in view of feeing Justice done to the Creditors of Her Royal Highnefs, without bringing any increased Charge upon the Public; and that His faid Royal Highness should obtain a Security against any future • Demands on account of any Debts of Her faid Royal Highness, it was proposed that Her faid Royal Highnefs fhould by a Writing under Her Hand, appoint an Officer of Her own to receive the • Income proposed to be fixed upon Her Royal Highness, by His • faid Royal Highness, from the Treasurer of His Royal Highness, and that Her Royal Highnefs's Officer fhould receive Inftructions by that Appointment, to fettle the Course of Payments in like

[ocr errors]

3 H 4

manner,

« السابقةمتابعة »