Page:Ruffhead - The Statutes at Large - vol 6.djvu/93

A. D. 1730. Anno tertio Georgii II. C. 26. 31 or otherwife, from any Coal Owner, Fitter or Mafter of a Ship, or any of their Agents or Servants, for contracting, buying, vending or difpofing of any particular Sort of Coals, or (hall otherwife offend contrary to the true Intent and Meaning of the above recited Claufe of the faid Act, fhall over and above the Penalty inflicted by the faid Ad for fuch Offence, forfeit and pay the Sum of five hundred Pounds ; and that every Coal Owner or Fitter, who lhall after the twenty-fourth Day of June one thoufand feven hundred and thirty, by himfelf or themfelves, his or their Agent or Servant, give or agree to give to any Shipmafter, Lighterman, Crimp or Buyer of Coals, or to any of their Agents or Servants, or to any Pcrfon or Perfons in Truft for fuch Shipmafter, Lighterman, Crimp or Buyer of Coals, any Premium, Salary, Gratuity, Reward, Sum or Sums of Money, or any Allowance in Coals, or in Account or otherwife, for contracting, buying, vending, felling or difpofing of any particular Sort of Coals, or for the loading of any Ship or Vefjel with fuch Coal Owner's Coals, or for the Dif- patch, Delivery or Difpofal of fuch Coals from fuch Coal Owners Collieries or Staiths, and every Per- |"^ felling onS fon who fhall knowingly fell one Sort of Coals for and as a Sort which they really are not; every fuch for Another,' to Coal Owner, Fitter or Pcrfon lb offending contrary to the true Intent and Meaning of this Act, lhall forfeit 500 1.' for every fuch Offence forfeit and pay the Sum of five hundred Pounds. V. Provided always, That this Ad or any Thing herein contained fhall not extend or be conftrued may^mpioyFit- to extend to prevent or hinder any Coal Owner from imploying or giving any Salary, Gratuity ters and Crimps or Reward to any Fitter or Fitters for the vending, felling and difpofing of his Coals from his not being Ligh- Colliery and Staiths, or to prevent or hinder any Mafter or Owners of any Ship or Veffel ufing t ' rmen - the Coal Trade, from imploying Crimps or Factors (not being Lightermen or Buyers of Coals for Sale, or any of their Partners, Agents-, Seivants, or any in Truft for them) to fell or difpofe of their refpec- tive Loadings of Coals, or pay them Crimpage or Factorage as has ufually been paid. VI. And 'for making more effectual all Agreements between Shipmasters and Buyers of Coals for Contracts to be the future, be it enacted by the Authority aforefaid, That from and a ter the faid twenty-fourth Day }"*£& by Buyer of June one thoufand feven hundred and thirty, all Bargains or Contracts for Coals, between Buyer and Seller, and Seller at the Market of Billingfgate or other Place of Sale within the Bills of Mortality, fhall by the Crimp or Factor, who has the Difpofal of fuch Coals, be fairly entred with the Conditions thereof, in the Pocket or other Book of fuch Crimp or Factor, fubferibed by the Seller and the Buyer, and witneffed by the faid Crimp or Factor, of which Bargain or Contiact the laid Crimp or Factor lhall at the fame Time deliver gratis, a Copy by him attefted to the Seller and Buyer reflectively ; and the faid Entries fo made and fubferibed, and the faid Copies fo given and attefted, fhall be admitted as Evi- dence on Trials in any Court of Law vvhatfoever ; and if any Crimp or Factor lhall neglect or refufe to enter fuch Bargain or Contract, and to fubferibe and atteft the fame, or lhall refufe to give Copies there- of as aforefaid, he fhall for every fuch Offence forfeit and pay the Sum of fifty Pounds, to be levied, Penalty^ recovered and difpofed of, as any other Penalties or Forfeitures, above the Sum of five Pounds, are by this Act directed to be levied, recovered and difpofed of. VII. And be it further enacted by the Authority aforefaid, That from and after the twenty-fourth Day of June one thoufand feven hundred and thirty, all Lightermen and other Buyers of, or Contract- ors for, Coals on Board ot any Ship or Veffel in the Port of London, fhall at the Time of the Delivery of fuch Coals, either pay for the fame in ready Money, or for fuch Part thereof as fhall not be fo paid for, (hall give their refpective Promiffory Note or Notes of their Hands for Payment thereof, expreffing therein the Words Value received, in Coals, payable at fuch Day or Days, Time or Times, as lhall for The Form of that Purpofe be agreed upon between fuch Lighterman or other Buyer of or Contractor for Coals, and pfct"s^° ry the Mafter or Owner of fuch Ship or Veffel, or his Agent or Factor on his Behalf; and that all fuch ' Notes, in cafe of Nonpayment at the refpective Days and Times therein mentioned, lhall and may be protefted or noted in fuch Manner as Inland Bills of Exchange may now be ; and in Default of fuch protefting or noting by any Indorfee, and Notice thereof given by fuch Indorfee to the refpective In- dorfor or Indorfors, within twenty Days after fuch Failure of Payment, fuch refpective Indorfor or In- dorfors, to whom fuch Notice fhall not be given, fhall not be chargeable with or liable to anfwer or pay fuch Sum of Money, as (hall be mentioned to be payable in or by fuch Note or Notes, nor any Part thereof; any Law, Ufage or Cuftom to the contrary thereof notwithftanding. VIII. And be it further enacted, That all fuch Lightermen, or other Buyers of or Contractors for refufingto giyfc Coals, who fhall after the twenty-fourth Day of June one thoufand feven hundred and thirty refufe to them forfeits give their Note or Notes for Coals to them refpectively delivered, and fhall refufe to ihferf the faid JiCeo.z.s, 15 Words, Value received in Coals, and every fuch Mafter, who (hall take any fuch Note from any Dealer in fetU.6. Coals, in which Note the Words Value received in Coals are not expreily inferted, fuch Lightermen, Buy- ers of or, Contractors for Coals, and Matters fhall for every fuch Refu'fal or Acceptance refpectively for- feit and pay the Sum of one hundred Pounds. ' IX. And whereas the Mafters of Ships employed in the Coal Trade are for the moft part inverted ' both with the grand Bill of Sale and Poffeftion of fuch Ship or Ships, as he or they are Mafters of, ' by which Means many ill difpofed Mafters, although they hold but fmall Parts in their own Right, ' refufe to obferve and obey the Directions of their Owners, or to render an Account when thereunto. ' required; neither can they (as the Law now ftands) be compelled fo to do, without tedious and ex- ' penfive Suits in Chancery:' For Remedy whereof, be it enacted by the Authority aforefaid, That Mafters ef Vet from and after the twenty-fourth Day of June one thoufand feven hundred and thirty, every Mailer l ") s refuOng to of a Ship or Veffel ufing the Coal Trade, lhall be fubject to the Direction of the Owner or Owners foimlTto iiie -' of the major Part of his Ship or Veffel, and lhall keep, and once a Year render to fuch Owner or owners, forfeit Owners, if required, a true, plain, juft and perfect Account in Writing of the Produce and Expence of 2c g 1 - every refpective Voyage he or they lhall make within fuch Year in fuch Ship or Veffel > and that in cafe 4 m 4 " any