39,40 Geo. III. c. 10. Accounts to be kept of the Receipts and Payments in respect of the Tonnage Duty. Tonnage Duty to cease after the Charges are paid. Commissioners to settle Salvage of Anchors. Persons finding Hull, and give with a Descrip- in order to such Anchors, &c. being advertised. XXXIX. And be it further enacted, That the said commissioners shall and are hereby required, to cause a distinct and separate account to be kept of all money arising from time to time by the said tonnage duties, and also of all payments and disbursements which shall be made by them on account thereof, or relating thereto as aforesaid, and also of all sums which shall from time to time be applied towards paying and defraying the charges and expences of obtaining and passing this act as aforesaid; which account, and also the account so to be signed, and in the custody of the clerk to the said commissioners, and the clerk of the peace respectively as aforesaid, shall at all seasonable times be open to the inspection of all persons ins terested, upon payment of one shilling for every such inspection; and any such persons shall be at liberty to take a copy of or extract from either of the said accounts, upon payment of one shilling and sixpence for the sameto XL. And be it further enacted, That, from and immediately after the said charges and expences of obtaining and passing this act, with such interest as aforesaid, shall have been fully paid and discharged by virtue bereof, the said tonnage duties shall cease, determine, and be no longer paid or payable; any thing in this act contained to the contrary notwithstanding. XLI. And whereas it frequently happens that ships and vessels are through stress of weather forced from their anchors and cables in the said river Humber, and the entrance thereof, and unreasonable sums of money demanded for salvage by the persons taking up such anchors and cables, and the anchors and cables so taken up, together with buoy ropes and buoys belonging thereto, have frequently been clandestinely secreted from the owners thereof, and afterwards fraudulently sold and disposed of; for preventing such unreasonable demands, and such frauds for the future, be it further enacted, That it shall be lawful for the said commissioners, and they are hereby authorised and directed, upon application to them for that purpose, to adjust and determine any difference, whenever any such shall arise, between the owner or master, or agent for the owner of the anchors, cables, or other stores or materials, of any ship or vessel, which shall be found in the said river Humber, or the entrance thereof, and brought to the said port of Kingston-upon-Hull, and the person or persons finding, taking up, and bringing the same; and the determination of the said commissioners therein shall be final and conclusive; and that if at any time any person or persons shall find and take up any such anchor, cable, or any other sort of ship's stores or materials, and shall not without delay bring the same to the said port, or the limits thereof, and within the space of two days from the bringing the same into the said port, or the limits thereof, deliver the same up to the owner thereof, or his agent; or if any such anchor, cable, or other ship's materials, so found, is not claimed by the owner thereof, or his agent, or such owner or his agent cannot be found or ascertained within the said space; then, if the person or persons finding and taking up such anchor, cable, or other ship's materials, shall not land and put the same in such public place near to the entrance of the said haven as the said commissioners shall appoint, and give notice thereof, with a particular description in writing of the same, and of the place where found, to the said commissioners or their clerk, in order that the anchors, cables, or other ship's materials so found and brought, may be advertised in such manner as the said commissioners shall think proper; or if any person or persons shall at any time or times, with an intent to injure or defraud the owner of any anchor, cable, or other ship's materials, cut, break, destroy, or remove the buoy, buoy rope, or other mark or fastening to any such anchor, cable, or other ship's materials so found as aforesaid, or when any such anchors, cables, or other ship's materials are found, shall alter or deface the marks thereof, every person so offending shall forfeit and pay for every such offence any sum not exceeding twenty pounds; and if any of the said river pilots shall be guilty of any of the said offences, he shall not only forfeit the said penalty, but (if the said commissioners shall adjudge proper) shall also from thenceforth be broke and disqualified from acting as a pilot; and there shall from time to time be paid to the said clerk for the purposes of this act, for every award the said commissioners shall make upon any difference as to any matter of salvage being referred to them, the sum of seven shillings and sixpence, over and above the stamp duty chargeable onsics done such award, by the said parties in difference, in equal moieties; and fort Persons taking away any Buoy, &c. to forfeit not exceeding 20£. If Offence com mitted by Pilots, they are to be broke. c. 10. advertising any anchor, cable, or other ship's materials as aforesaid, the sutn 39,40 Geo. If. of five shillings, besides the expences attending the same, by the person or persons finding and bringing such anchor, cable, or other ship's materials, and the owner thereof, in equal shares. All Vessels.Da carrying Ballast 4 for Hire, to be registered. we'l Tonnage to be ascertained by Gauge Marks. XLII. "And whereas it would be a great benefit to the persons concerned in ships and vessels resorting to the said port of Kingston-upon-Hull, if the lighters and other vessels carrying for hire ballast for ships or vessels, with in the said port, or the limits thereof, as to the tonnage of the same, were put under proper regulations; be it further enacted, That from and after the expiration of two calendar months from the passing of this act, all and every person and persons who shall keep or use for carrying for hire, ballast for ships or vessels, any lighter or other vessel within the said port of Kingston-upon-Hull, or the limits thereof, shall cause the same to be registered by the clerk to the said commissioners in a register to be by him kept for that purpose, in which register the said clerk shall enter, in numerical progression, the name of the owner or owners of every such lighter or other vessel, together with the tonnage thereof; to which register all persons interested shall have recourse at all seasonable times, on payment, for the purposes of this act, of sixpence for every search; and every person who shall keep or use for the carrying for hire, ballast for ships or vessels, any lighter or other vessel within the said port of Kingston-upon-Hull, or the limits thereof, shall produce such lighter or other vessel to the clerk to the Lighters to be said commissioners, at or as near as convenient to the gates between the weighed. said wet doek and the said haven, or other convenient place within the said haven or dock, to be appointed by the said commissioners, and shall at the same time, at his or their own expence, cause the tonnage of the said lighter or other vessel to be ascertained to the satisfaction of the said clerk, by causing the same to be fairly and properly weighed, and two gauge marks to be made and fixed on the stem and stern of every such lighter or other vessel, and between every two gauge marks to cause visible marks to be made and set, in order that the tonnage and burthen of every such lighter, or other vessel respectively, may be computed and distinguished by a gradual progression of two tons and a half, with copper or brass nails, or in such manner and form as the said commissioners shall direct; and shall at all times afterwards preserve, and keep clean and legible the same name, number, and tonnage so to be marked as aforesaid; and the owner of every such lighter or other vessel, shall be paid for the ballast, delivered out of the same according to the tonnage so to be ascertained as aforesaid, after the water has been pumped therefrom, and the lighter trimmed so as to make the same swim at equal marks at the stem and stern thereof; and the owner of every such lighter or other vessel, shall pay to the treasurer or clerk to the said commissioners, to be applied towards carrying this act into execution, the sum of seven shillings and sixpence, and no more; and such clerk shall attend within the hours of transacting business at the customhouse, to see every such lighter or other vessel weighed, marked, and registered as aforesaid, upon twenty-four hours notice given to him for that purpose, upon pain of forfeiting to the owner of such lighter or other vessel, any sum not exceeding fifty shillings for every time he shall neglect so to attend, unless such clerk shall be prevented from attending on account of sickness or some other sufficient cause; and the said clerk shall also enter in a book to be kept for that purpose, in a due and regular rotation, as well the names of such lighters or other vessels, when and as they shall severally arrive or be laden with ballast, as the names of such ships or vessels, the owners or masters whereof shall apply for ballast; and it shall be lawful for the said clerk to demand and receive from such owners or masters, for the use of the owners of the lighters or other vessels supplying the quantity of ballast required, the full current price of such ballast, and also one shilling for each and every entry; and the said clerk shall pay unto the owner of every lighter or other vessel the money so by him received for such ballast, first deducting thereout one halfpenny per ton for every ton of ballast so delivered, (and which deduction the said clerk is hereby authorised to make,) to be applied for the purposes of this act. XLIH. And be it further enacted, That the clerk to the said commissioners shall yearly and every year, on the first Monday in July, or within eight day's then next following, within the hours of business, review and examine Lighters to take supplying Ships with Ballast. their Turn in Commissioners Clerk to examine all such Vessels yearly; 39, 40 Geo. III. c. 10. And if he shall discover any same to the Commissioners. all such lighters and other vessels at or near the said dock gates, or such other convenient place as aforesaid, and see that the name, number, and tonnage marked thereon, are plain and legible, and the gauge marks complete and perfect, and whether any frauds have been committed by alterations made therein or otherwise; and such clerk shall affix or cause to be affixed, on some conspicuous place near the said dock gates, three days notice of the time or times when he will attend to make such review and examination; and in case he shall find that any such fraud hath been committed, or any such gauge marks are altered or incomplete, or any cause Fraud, to present of complaint, he shall make a presentment thereof to the said commissioners and in case the owner or part owner, master or other person employed on board of any such lighter or other vessel as aforesaid, shall neglect or refuse to produce his lighter or other vessel to be reviewed and examined as aforesaid, notice of the time of such review and examination being given as aforesaid, and shall afterwards lade or use such lighter or other vessel before it shall have been reviewed and examined by such clerk, or shall refuse or neglect, previous to the delivery of any ballast, properly to trim the same, and to pump all the water out of such lighter or other vessel as aforesaid, or shall wilfully and fraudulently obliterate or alter the name, number, or tonnage of such lighter or other vessel, or shall not report the arrival of such lighter or other vessel, and deliver the ballast therein in a due and regular rotation as aforesaid, every such person shall, for every such offence, forfeit and pay any sum not exceeding five pounds; and there shall be paid towards the expence of carrying this act into execution, for the trouble of taking and making every such review and examination, by the owner or owners of such lighter or other vessel, the sum of two shillings and sixpence for every such lighter or other vessel so reviewed and examined. Owners refusing To produce Lighter to be.. reviewed, or to trim and pip before Delivery of Ballast, to forfeit not exceeding 5£. 2 XLIV. Provided always, and be it further enacted, That nothing in this act shall extend or be construed to extend to the taking away, abridging or defeating, impeaching or interrupting, of any grants, liberties, franchises, powers, authorities, or immunities, granted, given, and allowed by any act of parliament, grant, or charter, to the master, wardens, and assistants of the guild, fraternity, or brotherhood of the most glorious and undivided Trinity, and of Saint Clement, in the parish of Deptford Strond, in the county of Kent; or to the society and fellowship of the master, wardens, and pilots of the Trinity House of Dover, Deal, and the Isle of Thanet; or the Trinity House of Newcastle-upon-Tyne. XLV. Provided also, That nothing in this act contained, shall extend or be construed to extend to take away, alter, abridge, lessen, change, or interrupt any jurisdiction or power of the mayor and burgesses of Kingston upon-Hull, in, about, or concerning the port and harbour of Kingston-uponHull, as settled and vested in them by any letters patent, charters, or grants, act of parliament, or otherwise; or to prejudice or take away any dues, duties, or payments, right, property, or jurisdiction, of the said mayor and burgesses. XLVI. Provided also, That nothing in this act contained, shall extend or be construed to extend to take away, impeach, diminish, change or affect, the rights, powers, privileges, jurisdictions, or authorities of the guild or brotherhood of masters and pilots, seamen of the Trinity House of Kingstonupon-Hull aforesaid, about or concerning the said haven, dock, or roadsteads, or other premises vested in them, or which they might have used, exercised, and enjoyed by virtue of any charter, letters patent, act of parliament, or title whatsoever, in case this act had not been made, otherwise than as the same are by this act expressly extended, varied, altered or restrained. XLVII. Provided also, That nothing in this act contained, shall extend or be construed to extend to take away, impeach, diminish, change, or affect the rights, powers, privileges, jurisdictions, or authorities of the dock company of Kingston-upon-Hull, or to lessen, prejudice, or take away any tolls, dues, duties, or payments, right, property, or authority, with which the said dock company are vested, or which they might have received, collected, used, exercised, and enjoyed, by act of parliament, grant, or other title whatsoever, in case this act had not been made. bar ataxi tied bag 3061 01 2 10 Moving*uo 10 eruSE 10 100% doXLVIII. Provided also, and be it enacted, That nothing in this act contained shall extend or be construed to extend to take away, alter, abridge, lessen, interrupt, or affect any jurisdiction or power of the mayor and burgesses of Great Grimsby, in the county of Lincoln, in, about, or concerning the port and haven of Grimsby, as settled and vested in them by any letters patent, charters. or grants, or which in right of prescription or otherwise they lawfully can or may have or claim; nor to diminish, abrogate, change, or affect the rights, powers, privileges, jurisdictions, or authorities of the Grimsby Haven company; or to reduce, annihilate, or prejudice any tolls, dues, duties, or payments, rights, property or authority, with which the said haven company are invested, or which they might have received, collected, exercised, and enjoyed, by act of parliament or otherwise, in case this act had not been made. XLIX. And be it further enacted, That it shall be lawful for the said commissioners at any time or times, to make, ordain, and establish such orders, rules, and by-laws, for the better government and regulation of the river pilots to be appointed and licenced as aforesaid, the management, owning, manning, working, plying, navigating, and keeping in a proper state of repair and condition, the pilot boats to be employed by them, for the adjusting of salvage, for the fair and regular supplying of ships and vessels with ballast, by the lighters taking a due and proper turn or rotation in serving ships or vessels, and in all other matters relating to the due execution of this act ; and also from time to time, as occasion may require, to repeal, add to, amend, or alter, such rules, orders, and by-laws, as to them shall from time to time seem meet and convenient, and to fix and appoint reasonable pecuniary penalties, not exceeding ten pounds for any one offence, for the non-observance, non-performance, or other breach, of all or any of such rules, orders, or by-laws; and the said commissioners shall eause the said orders, rules, and by-laws, with the rates of pilotage, and a list of the said river pilots, to be from time to time printed, distributed, and rendered as conspicuous as may be. L. Provided always, That the said orders, rules, and by-laws, or any of them, shall not be contrary or repugnant to the laws, statutes, or customs of the realm of Great Britain, nor prejudicial nor derogatory to any right, authority, or jurisdiction belonging to the office of the lord high admiral of Great Britain, or to the powers, provisions, or authorities in this act made, given, or created. LI. And be it further enacted, That it shall be lawful for any two justices of the peace for the said town of Kingston-upon-Hull, and county of the same town, such justices or either of them not having acted as a commissioner under this act in any transaction relative to the cause of complaint or matter in dispute, to hear and determine any offence against this act, or against any rule, order, or by-law made by the said commissioners in pursuance thereof; and the said justices of the peace are hereby authorised and required, upon information exhibited or complaint made in that behalf, to summon the party accused, and also the witness or witnesses on each side, and to examine into the matter or matters of fact; and upon due proof thereof, either by the voluntary confession of the said party, or by the oath or oaths of one or more credible witness or witnesses, or by the solemn affirmation or affirmations of such witness or witnesses, in case he, she, or they be of the people called Quakers (all which oaths and affirmations such justices are hereby empowered and required to administer) to give judgment or sentence for the penalty or forfeiture, according as in and by this ́act is directed, or as shall be directed in and by any such rule, order or by-law, to be made as aforesaid, and to award reasonable costs to be paid by the offender, and to issue their warrant under their hands and seals for levying such penalty or forfeiture and costs so adjudged and awarded, by distress and sale of the goods and chattels of such offender, rendering the overplus (if any) to the owner of such goods and chattels upon demand; and in case sufficient goods and chattels of such offender cannot be found within the said town and county, to answer and pay such penalty or forfeiture and costs as aforesaid, and the same shall not be paid, it shall be Jawful for such justices of the peace, and they are hereby required by warrant under their hands and seals, to commit such offender to the common gaol or house of correction of and for the said town and county, there to remain without bail or mainprize for any time not exceeding three calendar disposed of in the mare mentioned, LII. And be it further enacted, That if any person shall be summoned as a witness to give evidence before any such justices of the peace, touching any matter of fact contained in any information or complaint for any offence against this act, or against any rule, order, or by-law made in pursuance thereof; or if any person shall be summoned as a witness to give evidence at any general quarter sessions of the peace for the said town and county, or adjournment, upon any appeal by virtue of this act, and any such person shall refuse or neglect to appear at the time and place to be for that purpose mentioned in such summons, without a reasonable excuse for such his, her, or their refusal or neglect; or appearing shall refuse to be examined on oath, or (in case of a quaker) on solemn affirmation, and to give evidence before such justices of the peace, or at such sessions or adjournment thereof, then and in either of the said cases, every such person shall forfeit, every such offence, any sum not exceeding forty shillings. for LIII. And be it further enacted, That if any person shall find himself aggrieved by or dissatisfied with the conviction or judgment of the said justices, by reason of any sentence, judgment, or decree, given, pronounced, made, and recorded by them in pursuance of this act, then such person shall and may, within four calendar months after the cause of complaint shall have arisen, but not later, complain or appeal to the justices of the peace at any quarter session to be held for the said town and county of Kingstonupon-Hull, or at any adjournment thereof, at the election of the party aggrieved, such party first giving or causing to be given ten days notice at the least, in writing, of his intention to bring such appeal, and of the matter thereof, to the justices of the peace before whom such person shall have been convicted, and to the person or persons who is or are intended to be affected by such appeal, and within three days after such notice entering into a recognizance before some justice of the peace for the said town and county, with two sufficient sureties, conditioned to try such appeal, and to abide such order as shall be made, and to pay such costs as shall be awarded by the justices at such quarter sessions or adjournment; and the said justices at such sessions or adjournment thereof are hereby empowered to summon and examine witnesses upon oath, and to hear and determine the matter of such complaint or appeal, and to award such costs to the party appealing or appealed against as they shall think proper, and by their order or warrant. to levy the costs which shall be so awarded, by distress and sale of the goods and chattels of the party liable to pay the same, rendering the overplus, (if any) to the owners of such goods and chattels upon demand; and in case sufficient goods and chattels of such person cannot be found within the said town and county to answer and pay such costs as aforesaid, and the same shall not be paid, it shall be lawful for such justices of the peace, and they are hereby required, by warrant under their hands and seals, to commit such person to the common gaol or house of correction of and for the said town and county, there to remain without bail or mainprize, for any time not exceeding two calendar months, as the justices so committing such person shall think proper and direct; which order and determination shall be final, conclusive, and binding unto all parties, and shall not be removed or removable by any writ of Certiorari, or otherwise, into any of his Majesty's courts of record at Westminster or elsewhere. LIV. Provided always, and be it enacted, That no person shall be subject or liable to the payment of penalty or forfeiture inflicted by virtue of this act, for any offence against this act, or any rule, order, or by-law to be made in pursuance thereof, unless some proceeding shall be had according to the directions of this act, respecting the recovery of such penalty or forfeiture, within six calendar months next after the offence committed. |