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50 Ge). III. hereby required to permit and suffer the book or books in which all or any c. 4).
such entries and registry hereby respectively required to be made shall be so made and kept, and also the original bills or tickets and accounis, with the affidavits accompanying the saine and directed to be filed as aforesaid, to be inspected or examined by any person or persons requiring the same
without fee or reward. Common Meters
XCIX. And be it further enacted, That from and after the said twenty: to attend admea. fourth day of June next the common meters of the said town shall and they surement and
are hereby strictly required and enjoined personally to be and attend at or delivery of Coals.
upon the ship or vessel, yard or other place, where any coals intended for such sale and delivery as aforesaid shall be during the whole time of the
delivery thereof, and to admeasure the same as and in such manner as is To keep Account horehv dirented and not other
hereby directed and not otherwise ; and each of such' meters shall keep a of Coals deliver.
book or books (to be provided by tbe said commissioners) and shall enter there. in the name and description of the ship or vessel, yard or other place where the same sball be, and of the owner or master thereof, and of the dealer or vender of such coals, and the several quantities which he shall respectively admeasure and deliver therefrom, and the day of the month and year on which the same shall have been delivered and to whom, and shall deliver
such book or books signed by him to the said inspector at the end of every And to examine
week; and every such meter shall and he is hereby required and enjoined condition of
from time to time to inspect and examine the condition and dimensions of all sacks used in the measure and delivery of coals within the said town and liberty, and lordship or precinct, and the said adjoining parishes and hamlets respectively, and to take and carry such as shall appear to be deficient with the name or 'names of the dealer or vender in, or carrier of, the coals for which the same shall be used to the mayor or any of the aldermen of the said town, to be used and dealt with in manner hereinbefore directed ; and if any such common meter shall neglect or refuse to do and observe all or any of the said matters and things which he is hereby required to do and observe, or shall knowingly or wilfully connive at and assist any person or persons in counteracting, defeating or evading all or any of the purposes of this act, he shall, on conviction before the mayor or any one or more of the aldermen of the said town, forfeit and pay any sum not exceeding five
pounds. Inspector and C. Provided always, and be it further enacted, That if the said inspector Coal Meters not or any of the said common meters shall at any time or times hereafter, to be interested in the Sale of
during his or their respective continuance in bis or their office or employCoals.
ment aforesaid, be directly or indirectly interested or concerned in the sale of any coals whatsoever, otherwise than in the discharge of their said respective offices or employment, such inspector or common meter so offending shall for every such offence, on conviction thereof before the mayor or any one or more of the aldermen of the said town, forfeit and pay any sum not exceeding ten pounds; and moreover shall be dismissed from his or their said office or employment, and be for ever disabled from holding or ex.
ecuting the same or any other office and employment under this act. Tax for defraying CI. And, in order to defray the expence of the said several regulations the Expences of and provisions, Be it further enacted, That from and after the said twenty. Coal Regulations.
fourth day of June next every owner or master of any sbip or vessel laden with coals for the sale and delivery thereof as aforesaid, or the vender of or dealer in such coals shall, before he shall sell or deliver for sale and consumption as aforesaid, any cargo of coals, from any ship or vessel in the said port or harbour, or on the shores of the said rivers Humber and Hull, pay to the said inspector at the time of taking out such certificate as aforesaid the sum of one penny for each and every chaldron of which such cargo shall consist ; and every person employed as a porter or carrier for the carriage and delivery of coals as aforesaid sball pay to the said inspector, on making such entry and registry as aforesaid, and yearly and every year on the twenty-fourth day of June the sum of sixpence, and the owner of every cart which shall be so employed shall, on making such entry and registry as aforesaid, and yearly and every year on the said twenty-fourth day of
June, pay for the same the sum of one sbilling; and in case any surplus Disposition of Surplus.
shall remain in the bands of the said inspector of the monies so to be col. lected and received by him, after payment of his salary and the necessary expence and charge of carrying the aforesaid regulations and provisions into
effect, the same shall be paid over by nim at the end of every year to the 50 Geo. III. treasurer for the time being of the said commissioners, to be applied and disposed of for the general purposes of this act as the said commissioners, shall from time to time direct and appoint.
CII. Provided always, and be it further enacted, That it shall and may be lawful to and for the said commissioners and they are hereby empowered c.
Commissioners from time to time and at any time hereafter, when and so often as they see may reduce the occasion or that the same may be expedient, to reduce and lessen the said Tax or Rate. several rates or taxes, sum or sums of money, or any of them, and afterwards to advance and raise the same or any of them at their discretion, so as the same do not respectively exceed the amount of the sum or sums hereby imposed as aforesaid.
CIII. And be it furiher enacted, That all and every the penalties hereby im posed, and made recoverable before the mayor or any of the aldermen of Application of the said town, for any offence or offences contrary to the aforesaid regula- the Penalties tions and provisions shall be paid and divided as follows, that is to say : under the Coal one moiety thereof shall go and be paid to the informer or informers, and the other moiety shall go and be paid to the governor, deputy governor, assistants and guardians of the poor within the said town, for the use of the poor of the said united parishes.
CIV. Provided always, and be it further enacted, That nothing herein contained shall extend or be construed to extend to prevent or exclude any Not to extend to person or persons from bringing to, landing or delivering in the said port or Per
ing Coals for harbour, or in or upon the shores of the said rivers Humber and Hull, or their own use. carrying or conveying from the place or places of landing to any other place or places, in and by his, her or their own servants, horses or carts, or with the servants, horses or carts of any other person or persons, any coals to and for his, her or their own use and consumption only, or to compel or oblige such person or persons to bring or deliver to the said inspector the original bills or tickets, bill or ticket given with the same at the collieries or pits where such coals were won, or to make and give such account or affidavit as aforesaid; or obtain such certificate thereof, or to pay such tax, rate or duty as aforesaid, such person or persons so claiming such exemption verifying the same, if required by the said inspector, upon oath before the mayor or any one of the aldermen of the said town.
CV. And be it further enacted, That if any person or persons shall at any time or times obstruct, hinder or molest any of the said commissioners, or Penalty on any surveyor, collector or other officer or workman, or any other person or Persons obstruct. persons whomsoever who shall be employed by virtue of this act in the per- in: Commis
sioners or their formance or execution of his or their duty, or shall destroy, injure, waste Oficers or embezzle any of the stores or materials of or belonging to the said commissioners or procured for the purposes of this act, every such person so offending shall for the first offence forfeit any sum not exceeding ten shillings, and for the second offence any sum not exceeding twenty shillings, and for the third and every other offence any sum not exceeding five pounds.
CVI. And be it further enacted, That it shall and may be lawful to and for the said commissioners from time to time to make, ordain, and establish Commissioners such by-laws, rules, orders and regulations for the several purposes of this may make By
laws for the act and for the conduct of the several persons to be employed in the ex
purposes of this ecution thereof, and likewise from time to time to repeal, add to, amend, Ali vary and alter all or any of such by-laws, rules, orders and regulations as to them shall seem most fitting and requisite, and to fix and appoint reasonable pecuniary penalties, not exceeding five pounds for the non-observance or other breach of any such by-laws, rules, orders and regulations, or of any part or parts of them; and the said commissioners shall cause all such by-laws, rules, orders and regulations to be printed and distributed, and stuck up or placed upon some conspicuous place or places within the said town and liberty, lordship or precinct respectively; and all such by-laws rules, orders and regulations, so made, printed, distributed and stuck up, shall be good and shall be binding on all persons concerned, provided that the same be not inconsistent with or repugnant to the laws of that part of the United Kingdom of Great Britain and Ireland called England, or inconsistent with or repugnant to the provisions and directions in this act con
50 Geo. III. tained ; and such by-laws, rules, orders and regulations shall be subject to c. 41.
appeal in manner by this act directed.
CVII. And be it further enacted, That in every case (save where by this
act is otherwise directed) all and every of the penalties by this act inflicted, Conviction of or by any rule, order, by-law or regulation made in pursuance thereof, shall Offenders and Application of
and may be sued for by any person whomsoever, within one calendar Penalties re month from the day on which each respective offence shall be committed, covered before by information or complaint before one of his Majesty's justices of the a Magistrate. peace for the said town and county, and such penalties, with costs to be
fixed by such justice, shall upon conviction of the respective offenders be levied on his, her or their goods and chattels by warrant under the hand and seal of such justice ; and if no goods or chattels shall be found whereby such penalties and costs may be levied, then such offenders shall be com. mitted by such justice to the common gaol of the said town and county, there to remain for such space of time, not exceeding fourteen days as such justice shall fix or appoint, and each conviction shall be drawn up in the following form of words or in any other form of words to the same effect
(videlicet ;) Form of “Be it remembered, That on the
day of Conviction,
“ in the year of our Lord
[specifying the off nce “ and time and place when and where the same was committed, as the “case inay be.] Given under my hand and seal the day and year
" above mentioned.” And all such penalties, save where by this act is otherwise directed, shall when levied be paid and applied as following (videlicet ;) one half thereof with such costs as aforesaid to such informer, and the other half thereof to the treasurer to be appointed by or under this act, to be applied for the
purposes of this act. Recovery of Pen CVIII. Provided always, and be it further enacted, That in all cases alties above 10£. w
where any penalty by this act imposed for any offence committed against the same shall amount to more than the sum of ten pounds, the same shall and may be recovered by any person or persons who shall sue for the same by action of debt, bill, plaint or information in any of his Majesty's courts of record at Westminster, within six calendar months after the offence shall be committed, with full costs of suit; in which suit or prosecution no
essoign or wager of law, nor more than one imparlance shall be allowed.. Power of ad. CIX. And be it further enacted, That in all cases where the said comministering Oaths
missioners or any justice or justices of the peace are authorized to examine alid taking Affirmations.
any person or persons on oath or affirmation, it shall be lawful for such commissioners and justices and they are hereby required and empowered to
administer such oath or affirmation. Commissioners CX. And be it further enacted, That it shall be lawful for the said commay compound
missioners from time to time and at all times hereafter to compound and for Penalties for performance of
agree with any person or persons against whom the said commissioners Contracts. shall bring or cause to be brought any action or suit for any penalty or
forfeiture contained in any contract or contracts hereafter to be made or entered into in pursuance of this act, on account of any breach or non-performance of any such contract or contracts, for such sum of money as they shall think proper, so as the sum so compounded and agreed for be a full compensation not only for the injury or damage sustained by the breach or non-performance of such contract or contracts, but also for all costs, charges and expences which shall be occasioned thereby, and so as such composition do not extend to remit more than one half of the said penalty or
CXI. And be it further enacted, That if any person or persons shall be Attendance of summoned as a witness or witnesses on the part either of the prosecutor or Witnesses. of the party or parties accused to give evidence before any one or more
of the justices of the peace for the said town and county of the same, touching any matter of fact contained in any information or coinplaint for any offence against this act, shall refuse or neglect to appear at the time and place to be for that purpose appointed (having been paid or tendered a reasonable sum for his, her or their costs and charges,) without a reasonable excuse for such his, her or their refusal or neglect, or appearing shall refuse
to be examined on oath (or on solemn affirmation in case he, she or they be 50 Geo. III. of the people called quakers) and to give evidence before such justice or
c. 41. justices of the peace, then and in either of the said cases every such person so refusing or neglecting to appear, or appearing and refusing to be examined and give evidence as aforesaid, shall forfeit for every such offence any sum not exceeding ten pounds.
CXII. And be it further enacted, That in all actions, informations, causes Inhabitants may and proceedings whatsoever relating to or concerning the execution of this be Witnesses. act, no inhabitant of the said town and liberty, and lordship or precinct, nor any other person whatsoever shall be deemed an incompetent witness to give evidence by reason of his or her being such inhabitant, or being charged with or liable to pay, or baving paid any rate or assessment to be made under or by virtue of this act.
CXIII. Provided always, and be it further enacted, That it shall and mey Mitigation of be lawful to and for the justice or justices of the peace before whom shall Penalties. be recovered any of the pecuniary penalties to be imposed by this act (where no other manner of mitigation of any such penalties is hereby directed) to mitigate or lessen any of such penalties as he or they in his or their discretion shall think fit.
CXIV. And be it further enacted, That all costs, charges and expences Instirenov which shall or may be allowed, ordered or directed to be paid by or by the ascertain and authority of this act, (where the manner of ascertaining or settling the same settle Costs. is not hereby particularly or otherwise directed) shall from time to time as occasion shall require be ascertained and settled by any two of his Majesty's justices of the peace for the said town and county, who are hereby authorized and required to ascertain and settle the same accordingly, and (where the manner of recovering the same is not particularly or otherwise directed by this act) sball and may (in case the same shall not be paid on demand) be levied and recovered by distress of the goods and chattels of the person or persous made subject and liable to the payment thereof by or by authority of this act, and by sale of such goods and chattels (in case the same shall not be redeemed within five days after such distress taken,) the overplus (if any) to be returned to such person or persons upon demand, which said distress and sale shall be by warrant under the hands and seals of any two such justices of the peace (who are hereby authorized and empowered to grant and issue such warrant accordingly; and in case sufficient distress shall not be found, or such costs, charges and expences shall not be forthwith paid, it shall be lawful for any two such justices of the peace and they are hereby authorized and empowered, by warrant under their hands and seals, to commit such person or persons to the common gaol or house of correction of the said town and county, there to remain without bail or main prize for any time not exceeding two calendar months, unless such costs, charges and expenses as aforesaid shall be sooner paid and satisfied,
CXV. And be it further enacted, That in all cases where any person or Power of Appeal persons shall think himself, herself or themselves aggrieved by any rate or to the General assessment, or by any rule, by-law or order, or by any division, conviction Quarter Sessions or other matter or thing done in pursuance of this or the said recited acts, The Tornand
of the Peace for and where no other method of relief is hereby or by the said recited acts County. particularly or otherwise appointed or directed, it shall be lawful for such person or persons to appeal to the justices of the peace of and for the said town and county, at the general quarter sessions of the peace to be holden in and for the said town and county next after such conviction, such appellant or appellants first giving or causing to be given eight days notice at the least in writing of his her or their intention to bring such appeal, and of the matter thereof, as well to the justice or justices of the peace before whom such person or persons shall have been convicted as to the said clerk to the said commissioners or other person or persons who is or are intended to be affected by such appeal, and further, within five days after giving or causing to be given such notice as aforesaid, entering into a recognizance before some justice of the peace of and for the said town and county, with two sufficient sureties, in such reasonable sum or sums of money as such justice shall direct, conditioned to try such appeal and to abide such order as shall thereupon be made, and to pay such costs as shall be awarded by the said justices at such quarter sessions as aforesaid; and it shall be lawful for the said justices and they are hereby authorized to summon before them at such
50 Geo. III. quarter sessions, or at some adjournment thereof, the witnesses on the parts
both of the appellant or appellants and of the respondent or respondents, c. 41.
and upon due proof of such notice as before directed having been given or caused to have been given, and of the entering into such recognizance as herein before is mentioned, at such quarter sessions or adjournment thereof to hear and finally determine the causes and matters of every such appeal in a summary way, and to award such restitution, damages and costs to the appellant or appellants or respondent or respondents, not exceeding the amount of the penalties, charges and expences which shall have been actually recovered and received by any person or persons in pursuance of this act, together with such reasonable costs, charges and expences of prosecut. jug or defending such appeal as the said justices shall think proper; and the said justices may then and there, if they see cause, mitigate any forfeiture or fine, and may order any money to be returned which shall have been levied in pursuance of any such rule, by-law or order, and award such further satisfaction to be made to the party injured as they shall think proper; which determination of the said justices at such quarter sessions or adjournment thereof as aforesaid shall be final, binding and conclusive to all
intents and purposes whatsoever. Notice of Appeal.
CXVI. Provided always, that in case there shall not be time to give the said eight days notice before the holding of the next general quarter sessions of the peace as aforesaid, then such appeal shall and may be made to and heard and determined at the next general quarter sessions following the said eight days notice of such appeal and recognizance having been pre- ·
viously given and entered into as aforesaid. Distress not to be CXVII. And be it further enacted, That where any distress shall be made deemed unlawful for any sum or sums of money to be levied by virtue of this act, the distress for want of form.
itself shall not be deemed unlawful, nor the party or parties making the same a trespasser or trespassers on account of any defect or want of form in any of the proceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio on account of any sube sequent irregularity in the party or parties so distraining, but the person or persons aggrieved may recover by action on the case full satisfaction for the special damage by him or them sustained in consequence of such irregularity; but no person or persons shall recover in any such action if tender of sufficient amends shall before such action brought have been made by or on the behalf of the party or parties who shall have committed or caused to be committed any such irregularity as aforesaid, or shall have been guilty of any trespass or other wrongful proceedings; and in case no such tender shall bave been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court in which any such action shall be pending, at any time before issue joined, to pay into court such sum of money as he or they shall think fit, whereupon such proceedings, orders and judgments shall he had, made and given in and by such court as in other
actions where the defendant is allowed to pay money into court. No Precept, &c. CXVIII. And be it further enacted, That no writ, precept, process, to be quashed for verdict or judgment, nor any proceeding touching the conviction of any want of form.
offender or offenders against this act before any one or more of the justices of the peace in and for the said town and county, nor any order to be made, nor any other matter or thing to be done or transacted in or about the execution of this act, shall be made void or quashed for want of form, or be removed by certiorari or any other writ or process whatsoever into any of his Majesty's courts of record at Westminster; any law or statute to the
contrary thereof in any wise notwithstanding. Limitation of CXIX. And be it further enacted, That no action or suit shall be comActions,
menced against any person or persons for any thing done by virtue or in pursuance of this or the recited acts, until after thirty days notice thereof shall have been given to or left at the usual places or place of abode of as well the person or persons against whom such action or suit is intended to be brought as the said clerk to the said commissioners for the time being, such notice to be in writing signed by the intended plaintiff or plaintiffs, and to contain therein a: d set forth the particular cause or causes, ground or grounds of such action or suit; nor shall any such action or suit be brought or commenced after tender of sufficient amends bath been made to the party or parties aggrieved, nor after six calendar months after the cause of