Page:Ruffhead - The Statutes at Large - vol 8.djvu/383

A. D. 1758. Anno tricefimo fecundo Georgii 11. C. 16. 349 XVIII. And be it further enafled by the Authority aforefaid. That any Juftice or Juftices of the Juftice«not bein- Mem- Peace, of the County, City, Divificn, or Place, in which any Offence as aforefaid for unloading, ^j" j."*^ ^'*^ ?on"ia of- putting, or throwing any Ballaft from or out of any Ship or Veffel into the faid River Thames, or f°^^^^ ^nlhtnown lor putting, unloading, or throwing into the faid River Thames any Rubbifh, Earth, Sand, Afhes, view and Knowledge j Filth, Dirt or Soil, from any Wharf, Quay, or Bank, adjoining to or near the faid River, or from or out of any Barge or Lighter, or for putting or throwing any Rubbilh, Earth, Sand, Afhes, Fitth, Dirt or Soil, in any Street, Lane or Paffage, in the faid City of London^ or the Liberties thereof, or in the faid Suburbs of the faid City in the faid County of Middlefex, or in the faid City of IVejlminJler^ or the Liberties thereof, or in fuch Part of the Liberty of the Dutchy of Lancajler as lies in the faid County of Middlejex, except as herein before is excepted, or fweeping, puttmg, or throwing the fame into any Kennel or Channel in the faid City of London, or the Liberties thereof, or in the Suburbs of the faid City in the faid County of Middle/ex, ot in the City of Wejlminfler, or the Liberties thereof, or in fuch Part of the Dutchy of Lancajier as lies in the laid County of Middlefex, except as herein before is excepted, by Means whereof the fame fliall or may be carried or forced down any fuch Kennel or Channel into the faid River Tharries, fhall be com- mitted, or wherein any fuch Offender or Offenders (hall be found, fuch Juftice or Juftices (not be- ing a Member of the faid Corporation of the faid Trinity Houfe) is and are hereby authorifed and required to convift any fuch Offender or Offenders on the proper Knowledge or View of any fuch Tuftice or Juftices; and every fuch Juftice and Juftices is and are hereby alfo authorifed and required and hear all Offences pu- to hear all the Offences punifhable by this A6t by any pecuniary Penalties, other than fuch as are jS'ex^^XT/^-l,^ herein before direfted to be recovered by Adion of Debt, Bill, Plaint or Information, in any of 3,^ direOcd to be reco- his Majefty's Courts of Record at Weflminjier and upon an Information exhibited, or Complaint vered in Courts of Re- made in that Behalf, fo that every fuch Information or Complaint be exhibited upon Oath before cord) and upon Com- fuch Juftice or Juftices, within ff.ven Days after any fuch Offence (hall be committed (which Oath £"^3„^"„^°,'"„^^^^^^ fuch Juftice or Juftices is or are hereby impowered and required to adminifter) every fuch Juftice or prjhendin"offcnders" Juftices is and are hereby required, within their refpe6live Jurifdi(Stions, to iffue a Warrant or * Warrants for the immediate apprehending of the Party or Parties accufcd, and bringing him, her or them, before any Juftice or Juftices, within his or their refpe(5live Jurifdi6tion, to anfwer the Matters of Complaint to be contain^-d in fuch Warrant or Warrants ; and which Warrant or War- which may be executed rants the Perfon and Perfons to whom the fame {hall be direfted is and are hereby authorifed and im- a» well upon the River powered to execute upon the faid River T'/'^w^j, or on any Shore adjoining thereto; and for that '^ **" ^'^°^*i Purpofe they, and every of them, is and are hereby authorifed, impowered and required, at all Times in the Day-time, to go on Board any Ship, Veffel, Boat or Craft in the faid River, for ap- prehending any fuch Offender or Offenders who fhall be named in any fuch Warrant or Warrants: And on any fuch Offender or Offenders being apprehended, he, ftie or they fhall, with all conve- Offender when taken, to nient Speed, be carried before fome Tuftice or Juftices of the Peace having Jurifdidlion in the Pre- be immediately earned miffes ; and every fuch Juftice and Juftices, within his and their refpe<5live Jurifdidion, is and are here- j, to'^fu^'^on^wrn (T^ by authorifed and required to fummon Witneffes within the Jurifdi61:ion of fuch Juftice or Juftices, "„ eith^'stde and^x". as fhall be defired on either Side, and on their Appearance, to examine them on Oath (and which mine them on bath, &c. Oath any fuch Juftice and Juftices is and are hereby authorifed and required to adminifter) touching the Premiffes, and thereupon to hear and determine fame, and to give fuch Judgment in the Pre- miffes as fhall be juft, and according to the Meaning of this hQi : And in cafe the Party or Parties Penalty on Conviftion, accufed fhall be convided, upon the proper Knowledge or View of the Juftice or Juftices, of any '"ay be levied by Di- Offence cognizable by this Aft, or upon or by the Oath of any credible Witnefs, or by his, her, ^"^ ^""^ S*'^* or their own Confeffion, and the Penalty thereby incurred or forfeited fhall not immediately be paid on fuch Convidion, the fame fhall be recovered and levied by Diftrefs and Sale, in the like Manner as any of the Penalties incurred and forfeited by the firft recited A6t are thereby direded to be re- covered and levied by Diftrefs and Sale ; and in cafe fufficient Diftrefs cannot be found whereon the and for want of fufficient fame may be recovered and levied, then fuch Juftice or Juftices fhall, by Warrant under his Hand Diftref?, the Party be and Seal, or their Hands and Seals, commit the Perfon or Perfons who fhall be fo convi£ted to the '=o^'"'"««*«  Houfe of Correction of the County, City or Place where any furh Offender fhall be apprehended, there to remain withou. Bail or Mainprize, and be kept to hard Labour, for any Time not exceed- ing one Month, or until Payment fhall, before that Time, be made, of the pecuniary Penalties or Forfeitures, or Compofition fhall be made and accepted for the fame. XIX. Provided always, and it is hereby enaded and declared. That any Inhabitant of the Inhabitants deemed com- Parifh or Place in which any Offence againft this Aft fhall be committed, fhall notwithftanding P«e"« "^"neffej. fuch Inhabitancy be a good and competent Witnefs. XX. And be it further enabled by the Authority aforefaid. That if any Perfon who fhall be fo Where WitnefTes refufe funimoned as a Witnefs or Witnefles as aforefaid, before any Juftice or Juftices, fhall refufe or J." ^I'P^^"" "P"" ^*'"6 negleft to appear at the Time by fuch Summons appointed, and no juft Caufe fhall be offered for '"'"'""*'^> fuch Neglect or Refufal ; then (after Proof on Oath of fuch Summons huving been duly ferved upon the Party or Parties fo fummoned) every fuch Juftice and Juftices is and are hereby authorifed Warrants ate to be ifTued and required to iffue his or their Warrant under his Hand and Seal, or their Hands and Seals, to «"' againft themj bring every fuch Witnefs or WitneiTes before any Juftice or Juftices : And if any fuch Witnefs or and where they refufe to Witneffes, on his or her Appearance, or on being brought before any fuch juftice or Juftices, fhall S^ Evidence, tl.ey aie refufe to be examined on Oath concerning the Premiffes, without offering fome juft Excufe for fuch ^° commuud. Refufal, any fuch Juftice or juftices, within the Limits of his or their refpeftive Jurifdi^^iiion, may by Warrant under his Hand and Seal, or their Hands and Seals, commit any P<;rfon or Perfons fo 3 refufing