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be commenced within twelve 'calendar months, or 'within "such ottier time as is hereinafter directed; the venue in which shall, at the of
option of the plaintiff or informant, be laid, and tried either in Middlesex or London, or else in such county wherсin the offence shall have been committed, and in any such case it shall be lawful to sue for the largest penalty, and the jury giving the verdict may award either such largest penalty, or any other smaller sum not less than the sum specified as the lowest penalty. $ 76.
Penalties not erceeding £20.-All penalties imposed by this act, or by any of the by-laws, which shall not exceed £20, (the manner of levying whereof shall not by this act be otherwise provided for ;) and likewise all penalties (the manner of levying which shall not by this act be otherwise expressly provided for) in cases where, the lowest penalty not being greater than £20, and the largest being greater than £20, the party prosecuting shall proceed in respect thereof for any sum not exceeding £20, with such written consent as aforesaid, shall be levied and recovered within six calendar months, or within such other time as is hereinafter directed, before any justice or justices of the peace where the offence shall be committed ;'or if committed by any pilot, then before any justice or justices of the peace for the county, city, division, or place aforesaid, or before any justice or justices of the peace, or any magistrate er magistrates of the city, town, or port to which such pilot shall belong; or if committed by any owner or master of any ship, before any justice or justices of the peace for the county, city, division, or place where the offence 'shall have been committed, or before any justice or justices of the peace, or any magistrate or magistrates of the county, city, town or port, at which such owner or master shall reside, or to which the ship shall belong; or if committed on any part of the sea from Orfordness to the mouth of the river Thames, or from Dungeness to the month of the river Thames, or upon the rivers Thames or Medway, then only before some justice or justices of the peace of the counties of Kent, Surrey, Essex, or Middlesex, or before some magistrate or magistrates of the city of London; and all and every the justices and magistrates aforesaid, are, upon complaint to them made, to grant a warrant to bring before them such offender or offenders; and if on conviction or confession, or on the evidence of one or more witnesses upon oath, such penalty shall not be forthwith paid, it shall be lawful for such justices, or magistrates, to levy the penalty by distress, and for want of distress to commit every offender to the common gaol or house of correction, for not exceeding six calendar months, nor less than twenty-one days, unless such penalty and all reasonable charges shall be sooner paid: Provided always, that in case the said periods of twelve calendar months and six calendar months, within which penalties are to be sued for, shall in any case elapse before any action or prosecution shall have been commenced, and if it shall in manner hereinafter mentioned be made to appear, that the commencement has been delayed by reason of the absence of any party offending or complaining, or by the absence of any necessary witnesses, then upon such circumstances being stated by affidavit in writing, before any judge of any of the courts of record at Westminster, it shall thereupon be lawful for any such judge to authorize the commencement of such action or prosecution within such further time as such judge shall think fit to limit; and in such case the action or proscention may be commenced and prosecuted within the time so limited, in like manner as if such prosecutions had been commenced within the said periods of twelve months and six months. $ 77.
Justices of any county into which an offender may escape, may endorse the original warrant.-Ju case any person against whom a warrant shall be issued, before or after conviction, shall escape
into any other county, riding, division, city, liberty, town or place, it shall be lawful for any justice of the county, riding, division, city, liberty, town or place, into which such person shall escape, upon proof upon oath of the hand-writing of any justice or magistrate granting such warrant, to endorse his name on such warrant, and the same when so endorsed shall be sufficient authority to all peace-officers to execute such warrant in such other place, out of the jurisdiction of the justice granting the said warrant; and any justice or justices, on the offender being apprehended and brought before him or them, within their jurisdictions, may proceed to hear and determine the complaint, in the same manner as if it had originally arisen within his or their jurisdictions, or may direct the offender to be carried before the justice or justices who granted the original warrant to be dealt with according to law. $ 78.
Witnesses not appearing.–If any person who shall be summoned as a witness before any justice or justices, shall refuse or neglect to appear, having no just cause, it shall be lawful for such justices, on proof of such summons having been served, and of a tender of expenses having been made on being served, to issue a warrant to bring such person before him or them; and if on appearance, or on being brought before any justice or justices, such person shall refuse to be examined on oath, without having some just cause, it shall be lawful for such justice or justices, by warrant, to commit such person to the house of correction, there to remain for not exceeding six weeks, nor less than ten days, as such justice or justices shall direct. $ 79.
Persons convicted of giving false testimony.—Every person who, in any examination upon oath, shall wilfully give false testimony or a false account of the matter sworn to, shall be liable to be prosecuted by indictment, and if convicted shall be liable to such punishments as for wilful and corrupt perjury. $ 80.
Form of conviction.—Justices of the peace shall cause the conviction to be drawn up according to the following form :
· Be it remembered, that on the of our Lord A. B. is convicted before me (or us,] one for two, as the case may be) of his Majesty's justices of the peace for the
[here specify the offence, and the time and place when and where committed, as the case may be,] contrary to an act passed in the sixth year of the reign of King George the Fourth, intituled, (here insert the title of this act,) and I for we] do adjudge that the said
[insert the offender's name,] hath therefore forfeited the sum of (here insert the penalty.) Given under my hand and seal for our hands and seals,] the day and year first above written.” And no certiorari, for the removal of any such conviction or any proceedings thereon, into any of the courts at Westminster, shall be allowed. $ 81.
Appeal to the quarter sessions. It shall be lawful for any persons so convicted of any offence against this act, or against any by-law, within three calendar months after conviction, to appeal to the justices
in the year
assembled at the general quarter sessions, first giving ten days' notice of appeal to the persons appealed against
, and of the matter thereot, and within fourteen days next after notice, entering into a recognisance before some justice, with sufficient sureties conditioned to try such appeal, and for abiding the determination of the court; and such justices assembled shall, upon proof of such notice and recognisance; hear and determine the matter of appeal, and may either confirm or quash the conviction, and award costs to either party, (and the decision of the said justices shall be conclusive,) and no proceeding shall be quashed for want of form only, or be removed by certiorari or any other writ. $ 82.
Application of penalties.-One-third of all penalties, (except such penalties, the application whereof shall by this act be otherwise expressly provided for,) shall go to the person who shall inform or sue, and the remainder shall be applied to the purposes of the said fund belonging to the said corporation of Trinity-house, called the pilots' fund, in case such penalties shall be incurred by pilots licensed by the said corporation, or by any person wherein such last-mentioned pilots shall be in anywise concerned ; and in case such penalties shall be incurred by pilots belonging to the fellowship of the cinque ports, or by pilots under any other jurisdictions, or by any other persons wherein such pilots shall be concerned, then the remaining two-thirds of such last-mentioned penalties, shall be applied to the purposes of such fund as hath been or shall be created for the relief of such indigent pilots belonging to the said fellowship, or such other jurisdictions, as shall become incapable of discharging their duty from advanced age, or from any accident or infirmity. § 83.
Limitation of actions.--If any action shall be brought against any person, for any thing done in pursuance of this act, the action shall be commenced within six calendar months, and not otherwise, and shall be laid in the county where the cause of action arises, and the defendant may plead the general issue, and have treble costs. $ 84.
Regulations in any act relating to pilotage in any river to continue in force.—All acts of parliament, and all clauses contained in any act, which in any manner relate to the regulation of pilots and pilotage, within any river, port or harbour, or within any local limits specified in such act, and in which any reference is made to the said acts of 48 & 52 Geo. III, or either of them, or in any manner apply thereto, or vary or alter any of the provisions thereof as to pilots or pilotage within such limits, shall continue in full force notwithstanding the repeal of the said acts, and shall be deemed to refer to this act. and shall be so construed as if the same were particularly referred to in this act. $ 85.
Ships belonging to his Majesty.—Nothing in this act shall extend to any ships or vessels belonging to his Majesty, as to their being compelled to take pilots on board. $ 86.
Jurisdiction of the court of loadmanage, or admirally.-Nothing herein shall extend to affect or impede the jurisdiction of the court of loadmanage, as far as respects the pilots appointed under the authority of the said court; also, nothing in this act shall extend to affect or impair the jurisdiction of the high court of admiralty. $ 87.
Rights of city of London.-Nothing in this act to prejudice or take away any right, property, or jurisdiction of the mayor or citizens of London upon the river Thames. $88.
Separate jurisdictions.—This act not to affect charters or acts of parliament affecting pilots of the Trinity-house of the town of Kingstonupon-full, or Newcastle-upon-Tyne, or to give any authority to the corporation of the Trinity-house of Deptford Strond, within any ports or districts having separate jurisdictions* in matters of pilotage, under any act of parliament or charter. $ 89.
Former acts for preservation of sea-marks and beacons, lights, 8c.All clauses in an act passed in the eighth year of the reign of Queen Elizabeth,t or any other act made and in force for the preservation of sea-marks and beacons, shall extend to all vessels duly appointed to exhibit lights therein for the preservation of vessels at sea, and to all persons removing, injuring, or destroying such vessels or lights. $90.
Riding by, running down, &c.-Every person who shall ride by, make fast to, or remove, or wilfully run down, or run foul of any vessel appointed or placed to exhibit lights, or any buoy or beacon, belonging to the corporation of Trinity-house, or belonging to or placed by any other corporation having lawful authority to place the same, shall
, besides being liable to the expense of replacing or making good any damage occasioned thereby, forfeit for every such offence any sum not exceeding £50, nor less than £10. $91.
Cinque-port pilots (ercept such as shall be expressly licensed) not to lake charge of any vessel in the Thames above or to the westward of the toun quay at Gravesend ; nor to take charge of any vessel in the Medbay westward of Standgate Creek.—(After reciting the fourteenth section of 6 Geo. IV. c. 125. see page 158 ante.) From and after the 10th of August next, any person belonging to the society or fellowship of Cinque-port Pilots (except such pilots as shall be expressly licensed as aforesaid) who shall take charge, as a pilot, of any ship or vessel in the river Thames, above or to the westward of the public landing-place at Graresend, and any person belonging to the said society or fellowship who shall take charge, as a pilot, of any ship or vessel in the river Medway westward of the Standgate Creek, shall be deemed and taken to be acting out of the limits for which he is qualified, and beyond the extent of his qualification, and shall incur all such and the same forfeitures and penalties as within or under the provisions of the said act can or may be incurred by any pilot acting out of the limits for which he is qualitied, or beyond the extent of his qualification ; and which forfestures and penalties shall be recovered and applied in the manner by the said act prescribed.
Certain vessels exempted from being piloted, by 6 Geo. IV. c. 107. See Part II. Clap. V. and Order in COUNCIL, page 183.
Pilots wilfully and knowingly offending against the 54 Geo. III. c. 149. regarding the BREAMING OP ships; and not leaving and receiving GUNPOWDER at prescribed places, rendered incapable of acting as a pilot. See Ports and Harbours, page 55.
BERTHING SHIPS contrary to the regulations of the by-laws of the East India Dock Company, subject to a penalty of five pounds. See page 114.
• For the Separate Jurisdictions, see pages 200, 208, 223, 233, 246, 252, 260, and 265.
By stat. 8 Eliz, c. 13. the masters, wardens, and assistants of the Trinity-house at Deptford Strond may, at their costs, set up beacons and marks for the sea, in such places, near the coasts or forelands, as to them shall seem meet.
BY-LAWS, RULES, ORDERS, REGULATIONS, AND ORDINANCES, Made and framed by the CORPORATION OF TRINITY-HOUSE OF DEPTFORD STROND,
as well for insuring the good conduct and constant attendance of pilots licensed by the said corporation upon their duty, as for enforcing the general purposes of an act passed in the sixth year of the reign of King George IV, intituled, “ An act for the amendment of the law respecting pilots and pilotage, and also for the better preservation of floating lights, buoys, and beacons ;" the same by-laws, rules, orders, regulations, and ordinances having been examined, sanctioned, and approved in that behalf by the Right Honourable Sir Charles Abbot, knight, Lord Chief Justice of his Majesty's Court of King's Bench, pursuant 10 the directions of the said act.
IMPRIMIS: It is ordained, that from and after the promulgation of these present by-laws, rules, orders, regulations, and ordinances, all and every the by-laws, rules, orders, regulations, and ordinances, heretofore made or framed by the said corpora tion, for the government of the said pilots, or for ensuring the good conduct and constant attendance of the same upon their duty, or for enforcing the general purposes of an act passed in the forty-eighth year of the late King's reign, intituled, # An act for the better regulation of pilots and of the pilotage of ships and vessels navigating the British seas," shall be and the same are from thenceforth annulled, and "in lieu and stead thereof the said corporation do hereby make and frame the by-laws, rules, orders, regulations, and ordinances following; that is to say :
II. It is ordained, that every pilot who shall be ordered to proceed on his Majesty's service by any order signed by the deputy master or secretary of the said corporation, or by the officer for the time being of the said corporation at Yarmouth, or elsewhere, duly authorized to act in matters of pilotage, or who shall be so ordered, in writing or otherwise, by any officer in his Majesty's service, shall immediately proceed thereon, and every pilot who shall fail so to do, or who shall evade the receipt of any such order, or who shall quit or decline such service, shall, for the first offence, forfeit five pounds, and for the second and every subsequent offence ten pounds each.
III. It is ordained, that every pilot engaged in the charge of any ship employed by government in the transport service, shall observe particularly if any unnecessary delay takes place on the part of the master in proceeding towards his destination, and if any delay does take place, such pilot shall on his return report the same to the secretary of the said corporation, and, upon going on board, such pilot shall give notice to the master that he has orders so to do.
IV. It is ordained, that no pilot having the charge of a merchant ship shall stop the same alongside the moorings of his Majesty's ships at Deptford, or elsewhere, or between the Round Tree and Bathing House, at Gravesend, (except in either of such cases there shall be an extreme necessity for so doing, or leave be obtained for that purpose from the proper officer or officers in that behalf,) and all pilots licensed by the said corporation, are at all times to be particularly careful to steer clear of the King's ships in passing them.
V. It is ordained, that every pilot when cal'ed upon or required to pilot any ship or vessel, shall, if under engagement to any other ship, forthwith make known such engagement, and specify the particulars thereof truly and faithfully to the person calling for or requiring such pilot's service, and in case of any concealment, misrepresentation, or falsehood in respect of such alleged previous engagement, the pilot offending shall forfeit ten pounds.
VI. It is ordained, that every pilot who shall have taken charge of any ship from the river Thames to the Downs, or elsewhere, shall, without any additional compensation in that behalf, wait on board for the space of three complete days, while such ship may be detained at Gravesend, or elsewhere, for want of seamen, or by any other casualty, nor shall he at the end of three complete days be at liberty to quit such ship, or receive any additional compensation, if she shall be further detained by winds, weather, or tides, and should ihe ship be detained beyond three complete days on any other account except winds, weather, or tides, the pilot having the charge thereof shall nevertheless still (if required so to do) remain in the charge of her, provided a com. pensation of 6s. per day be offered to him in that behalf by the master or owner.