Page:Ruffhead - The Statutes at Large - vol 6.djvu/202

140 C. 29. Anno fexto Georgii II. A. D. I 733- the Poor of the faid Corporation, and the other Moiety to the Perfon who (hall inform or fue for the fame. XVIII. Provided alfo, That the whole Quantity of Dung and Comport herein before licenfed and authorized to be (hipped and tranfported for Ballad as aforefaid, for the Ufe of the Coafters and Col- fhipp-'d as Bal- hers, do not exceed the Quantity of three thoufand Tuns in any one Year, to commence and be com- Quantity of Dung, &c. to be yearly lad. Entries thereof when to be made at Lon- don. After 30 July Two or more Ju dices to de terrnine Of- fences fubjedl to pecuniary Penalties. puted from the firft Day of "June inclufive in every Year ; and that the whole Quantity of Chalk and Chalk Rubbifh herein before licenfed and authorized to be (hipped and tranfported as Ballaft as afore- faid, for the Ufe of the Coafters and Colliers, do not exceed the Quantity of three thoufand Tuns in any one Year, to commence and be computed as aforefaid ; and that the Quantity of Soap-Afhes and all other Sorts of Commodities herein before licenfed and authorized to be alfo (hipped and tranfported as Ballaft as aforefaid, for the Ufe of the Coafters and Colliers, do not exceed the Quantity of two thoufand Tuns in any one Year, to commence and be computed as aforefaid. XIX. Provided alfo, That all the Entries of any of the Goods, Commodities and Things fo li- cenfed, which (hall be (hipped and put on board any Ship or Veffel in the Iaft feven Days of the Month of May in any one Year, (hall be made at the Trinity-Houfe in London, and not at Grave/end or any other Place. XX. Provided always, That from and after the tenth Day of July one thoufand feven hundred and ij33, Owners of thirty-three, it (hall and may be lawful to and for any Mailer or Owner of any Ship or Veffel, from as"£aiiaft ' P ' Time to Time, to (hip, tranfport and carry in any fuch Ship or Veffel, as Ballaft from London, or any Pricks, Tiles, Part of the River of Thames, any Quantity cf Bricks, Tiles or Lime, or any other merchandizeable &c ,_ without Commodity, without paying any Thing to the faid Corporation for the fame. Forfeimres'how XXI. And it is hereby further enacted by the Authority aforefaid, That all the pecuniary Forfeitures to be difpofed and Penalties arifing and impofed by this Act (except fuch as are herein appointed to be applied other- of. wife) (hall be paid, applied and difpofed of in the Manner and for the Purpofes following ; videlicet, in the firft Place for the paying, fatisfying and defraying the Loffes and Damages that the faid Corpora- tion of the Trinity Houfe (hall fuftain by Reafon or on Account of ihort or fraudulent Tunnage being delivered to any Ships or Veffels, or by Reafon or on Account of any fuch Ships or Veffels being not fupplied or furniihed with the Quantity of Ballaft directed by the Ballaft Rulers to be delivered to fuch Ships or Veffels as aforefaid, ana afterwards, and fubjedf. thereto, for the Benefit of the Poor of the faid Corporation. XXII. Provided always, and it is hereby enacted by the Authority aforefaid, That it (hall and may be lawful to and for two or more Juftices of the Peace for the City of London, or any of the four Coun- ties above mentioned, within their refpedtive Jurifdidfions (not being Members of the faid Corporation] to hear and determine any of the Offences which are made fubjedt to and punifhable by any pecuniary Penalties directed to be levied by this Act, except fuch Matters and Offences as are particularly directed by this Act to be otherwife determined ; and fuch Juftices of the Peace are hereby authorized and re- quired, upon any Information exhibited or Complaint made in that Behalf within ten Days after fuch Offence committed, to fummon the Party or Parties accufed, and alfo the Witneffes on either Side, and, after Oath made of the Commiffion of any of the Facts above mentioned by one or more credible Wit- nefs or Witneffes, to iffue a Warrant or Warrants for apprehending the Party offending in the faid City of London, or any of the four Counties aforefaid, within their refpedtive Jurifdidfions, or upon the River of Thames, and upon the Appearance or Contempt of the Party accufed in not appearing (upon the Proof of Notice given) to proceed to the Examination of the Witnefs or Witneffes on Oath (which Oath they are hereby authorized, impowered and required to adminifter) and to give Judg- DiftrefsonNon- ment or Sentence accordingly ; and where the Party accufed (hall be convicted of fuch Offence, either payment of by t he View of the faid Tuftices, or any of them, or upon fuch Information as aforefaid, or on Con- fellion of the Party accufed, to award and iffue Warrants for the levying the pecuniary Penalties and Forfeitures fo adjudged on the Goods of the Offender, and to caufe Sale to be made thereof, in cafe they (hall not be redeemed in five Days, rendring to the Party the Overplus (if any there be) and where Goods of fuch Offenders cannot be found, to commit fuch Offender to the Houfe of Correction, there to be kept to hard Labour for any Time not exceeding the Space of three Months, or until fuch pecuniary Penalty or Penalties (hall be paid. XXIII. Provided neverthelefs, That it (hall and may be lawful to and for fuch Juftices of the Peace from Time to Time, where they fee Caufe, to mitigate, compound or leffen any of the faid Forfeitures or Penalties, as they in their Difcretion (hall think lit ; fo as fuch Mitigation do not extend to remit above one Moiety of the Penalties inflicted and directed to be levied by this Act ; and every fuch Miti- gation (hall be a fufficient Difcharge to the Perfons offending reflectively for fo much of the faid Penal- ties and Forfeitures as (hall be fo leffened, mitigated or remitted. XXIV. Provided alfo, That if any Perfon or Perfons (hall find himfelf or themfelves aggrieved, or remain unfatisned in the Judgment of the faid Juftices, then fuch Perfon or Perfons (hall or may, by virtue of this Adf, complain or appeal to the Juftices of the Peace at the next General Quarter-Seifions for the County, City or Place wherein fuch Offence (hall be committed, who are hereby impowered to fummon and examine Witneffes upon Oath, and finally to hear and determine the fame, and in cafe of Convidfion to iffue Warrants for levying or compelling, by fuch Means as aforefaid, the Pay- ment of the faid Penalties and Forfeitures. XXV. And it is hereby further enacted and declared, That this Act (hall be deemed and taken to be a publick Act, of which all Judges, Juftices and other Perfons are to take Notice; and if any Suit or Action (hall be brought or pjofecuted againft any Perfon or Perfons for any Thing done or to be done in purfuance of this Act, in every fuch Cafe the Adtion or Suit lhall be commenced within three Months 8 after Juftices may mitigate Penal- ties. Appeal may be made to the Oiiarter-Seiii- •ns. fublkk-Aa.