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1 & 2 Geo. IV. c.41. An Act for giving greater Facility in the Prosecution and Abatement of Nuisances arising from Furnaces used and in the working of Steam Engines.
[28th May, 1821.] WHEREAS great inconvenience has arisen, and a great degree of injury has been and is now sustained by his majesty's subjects, in various parts of the united empire, from the improper construction as well as from the negligent use of furnaces employed in the working of engines by steam: And whereas by law every such nuisance, being of a public nature, is abateable as such by indictment; but the expense attending the prosecution thereof has deterred parties suffering thereby from seeking the remedy given by law : be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That it shall and may be Upon indictlawful for the court by which judgment ought to nuisances by be pronounced in case of conviction on any such indictment, to award such costs as shall be may award deemed proper and reasonable to the prosecutor or prosecutors, to be paid by the party or parties so convicted as aforesaid, such award to be made either before or at the time of pronouncing final judgment, as to the court may seem fit.
steam engines, court
Court may Il. And be it further enacted, That if it shall for prevent appear to the court by which judgment ought to sance, before be pronounced in case of conviction on any such
indictment, that the grievance may be remedied by altering the construction of the furnace so employed in the working of engines by steam, it shall be lawful to the court, without the consent of the prosecutor, to make such order touching the premises, as shall be by the said court thought expedient for preventing the nuisance in future, before passing final sentence upon the defendant or defendants so convicted.
Not to extend III. Provided always, and be it enacted, That erected solely the provisions of this act, as far as they relate to of mines, or the payment of costs and the alteration of fur
“naces, shall not extend or be construed to extend
to the owners or proprietors or occupiers of any furnaces of steam engines erected solely for the purpose of working mines of different descriptions, or employed solely in the smelting of ores and minerals, or in the manufacturing of the produce of such ores or minerals on or immediately adjoining the premises where they are raised.
ment of act.
IV. And be it further enacted, That this act shall commence and take effect from and after the first day of September one thousand eight hundred and twenty-one.
derwriterion of the Circles relative to made in the
1 & 2 Geo. IV. c. 76. An Act to continue and amend certain Acts for
preventing the various Frauds and Depredations committed on Merchants, Shipowners, and Underwriters, by Boatmen and others, within the Jurisdiction of the Cinque Ports; and also for remedying certain Defects relative to the Adjustment of Salvage, under a statute made in the Twelfth Year of the reign of Her late Majesty Queen Anne.
[2d July, 1821.] VI. And be it further enacted, That if any Catting away person or persons shall wilfully cut away, cast buoy ropes, adrift, remove, alter, deface, sink, or destroy, or &c shall do or commit any act with intent and design to cut away, cast adrift, remove, alter, deface, sink, or destroy, or in any other way injure or conceal any buoy, buoy rope, or mark, belonging to any ship or vessel, or which may be attached to any anchor or cable belonging to any ship or vessel whatever, within the jurisdiction aforesaid, with intent thereby to defraud or injure any person or persons whatsoever, or body corporate : such person or persons so offending shall, on be- Felony, ing convicted of such offence, be deemed and tion adjudged guilty of felony, and shall be liable to be transported for any period not exceeding fourteen years.
VII. And be it further enacted, That all an- Anchors, &c. chors, cables, buoys, ropes, or other ships' stores the jurisdicor materials, or any goods or merchandizes of deposited in
tion, to be
places herein mentioned, &c. persons
either of the any sort or description whatever, which may have mentioned, been parted with,, cut from, or left by any ship having them or vessel in the Downs or elsewhere, within the shall be ache jurisdiction aforesaid, whether the same shall be Baded guilty in distress or otherwise, and which shall have of receiving
been weighed, swept for, or taken possession of by any pilots, boatmen, hovellers, or other person or persons, shall be by them delivered either at Ramsgate, Deal or Dover, Harwich, Brightlersea, or Wivenhoe, six public places of deposit declared by this act for the reception of all such articles, or such other places as shall be declared by the lord warden, in the same state in which they are found, to the serjeant or serjeants of the admiralty of the cinque ports aforesaid, their deputy or deputies, or such other person, as he shall authorize to receive the same; but if any such articles so found, weighed, swept for, or taken possession of, shall not be so delivered immediately, or duly reported to such serjeant or. serjeants, or their deputies, on the finding thereof, and shall afterwards be discovered in the possession, custody or power of such pilots, boatmen, hovellers, or other person or persons, he, she, or they, shallon conviction be adjudged and deemed. guilty of receiving goods knowing them to have been stolen, and shall suffer the like punishment as if the same had been stolen on shore.
All wrecked VIII. And be it further enacted, That all merand ships chandize, materials of any sort, or marine stores also deposited of every description, whether belonging to his.
majesty,, or to any British subjects, or foreigners,
stores to be
in Jike man ner.
which may be preserved from any ship or vessel stranded, deserted by her crew, or wrecked, either on shore, or on the Goodwin or any other sand or shoal, or any part of the main land, or any port or place within the jurisdiction aforesaid, shall be landed and delivered at one of the six places of deposit, belonging to the lord warden's deputies at Ramsgate, or Deal, or Dover, Harwich, Brightlersea, or Wivenboe, or such other place as shall be declared and appointed by the said lord warden for that purpose, whichever shall be most convenient or contiguous to the place where the loss occurs ;, and that if any per- Persons son or persons who shall have preserved or taken or defacing possession of any such merchandize or marine guilty of stores within the jurisdiction aforesaid, shall sell,,' dispose of, or otherwise make away with the same, or shall in any manner conceal, deface, take out, or obliterate the marks or numbers thereon, or alter the same in any manner, with intent thereby directly or indirectly to prevent the discovery and identity of such articles by the owner or owners thereof, such person or persons shall be deemed and adjudged guilty of felony (1)
Purchasers and receivers
X. And be it furtlier enacted, That if any person or persons, within the jurisdiction aforesaid, punishable as
receivers of stolen goods.
(1) No punishment is here assigned for the offence. But by stat. 7 & 8 Geo. 4. c. 28. s. 8, for all felonies, for which no punishment is specially provided, the offender may be transported for seven years, or may be imprisoned for any term not exceeding two years, and, if a male, be once, twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.