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fons forft left the Shore or Place in the Boat of such Waterman or
Watermen. Tables of Fares XI. And be it further enacted, That when the said Tables of to be printed, Rates and Fares shall be settled by the said Comm ssioners, the fame and a Copy delivered to
shall be printed, and the said Commissioners shall cause a Copy thereof earle liceufcd to be delivered to each of the said Waterm-n to be licensed as herein. Watchkab. after mentioned, and One Copy of such Rates painted on a Board
thall be affixed on the Dnor of the Market House in Gosport aforesaid, One other fuch: C»py on the Door of the Guildhall of Portsmouth aforesaid, and One other such Copy in the Town of Portjen, at or near the Gates of His Maj-ly's Dock Yard there: and when and as often as the same. or either of them, thall be defaced or destroyed, the said Commissioners shall cause the same to be replaced by another or others; and when and as often as any Alteration or Alterations shall be made by the sain Commissioners in the faij Tables of Rates or
Farrs, the sam- shall be in like Manner printed, delivered, painted,
and affixed as afirelaid. Penalty on taking XII. And bei: further enact d, That in case any such Waterman, higher Rates or cr'other Person employed by him, shall demand or take more than refusing to take
the Rates or Prices so to be allel-d and raied as aforesaid, except l'affengers.
as herein-a!ter mentioned, or shall (not being prevented by some ob. vious Difficulty or Danger, which such Waterman thall make appear to the Satisf &tion of the Juttice or Justice before whom any Complaint shall be laid) refuse to carry any Passenger for such Rates or Prices, every such Waterman so offending thall forfeit and pay for every such Offence any Sim not exceeding Forty Shillings, to be levied and recovered, paid and applied in Manner herein after men. tioned : Provided always nevertheiess, that it shall and may be lawful to and for the faid Watermen to demand Double the Rate of Fare fised by the said Tables between the Hours of Six of the Clock in the Evening, and Six of the Clock in the Morning, between the Twenty: ninth Day of September and the Twenty fifth Day of March in each Year; and between the Hours of Ten of the Clock in the Evening, ard Five of the Clock in the Morning, between the Twenty-fifth Day of March and the Twenty-rinth Day of September in cach
Year. Penalty on
XIII. And be it further enacted, That if any Person or persons Perfons not shall refuse or negl et to pay any Waterman or Watermen licensed as paying the
herein-after mentioned the l'are or Fares which he or they is, are, or eltablished Fares.
hall be entitled to demand, it shall and may be lawful to and for any Justice of the Peace of the said County of Southampton, if the Offence ihall be committed out of the Borough of Portsmouth, or of the Borough of Portsmouth if the Offence thall be committed within it, or of the Borough of Portsmouth, or the County of Southampton, if the Offence shall be committed upon the Water within the Harbour of Portsmouth, upon Complaint thereof, to grant a Warrant to bring before him the Person or Persons againtt whom such Complaint shall be made, and, upon Proof upon Oath of One Witness (which Oath such Juftice is hereby empowered to administer), to award reasonable Satisfaction to the Party aggrieved for his Damages and Cofts, and, upon Refusal to pay or make such Sarisfaction, to devy the same by Distress and sale of the Goods and Chartels of the Person or Pero fun fo refufing.
XIV. · And, for better preventing the Misbehaviour of any such " Waterman, or any Apprentice or Affiftant employed by him, be it further enacted, That upon Complaint of any Misbehaviour of Punishing any Waterman, Apprentice, or Afiftant, in assaulting, insulting, or Watermen and using abusive or insulting Language to any Person or persons whom- Apprentices for foever, it shall and may be lawful to and for any such Justice of the Misbehaviorar,
& Peace for the said County of Southampton or Borough of Portsmouth, within his respective or concurrent Jurisdiction, to summon such Waterman, Apprentice, or Assistant before him to answer the said Complaint, and upon Proof thereof upon Oath (which Oath the said Juftice is hereby empowered to administer), or by his own Confeffion, or on the View of a Justice of the Peace, fuch Waterman, Apprentice, or Affiitant, shall forfeit the Sum of Twenty Shillings, to be levied and recovered. paid, and applied in Manner herein-after mentioned; and if frfficient Ditress cannot be had, he shall be committed to the House of Correction for the County, Borough, or P.ace where the Complaint shall be heard, for One Calendar Month, or every Waterman convi&ted of any such Offeuce Thali forfeit and lose his Licence, and shall not be again licenfrd for the Space of One whole Year next enfuing; and such Water.rar, Apprentice, or Affistant fo offending shall and may, by Authority of this A&, unless such Person being a Waterman shall, upon Demand, produce and shew to the Party aggrieved his Licence, so that such Party may ascertain his Name and Place of Abode, or being an Apprentice or Aliitant shall at the Time of the Offence committed be actually on board the Boat of his Mifter, having the Name and Place of A Code of such Maiter painted thereor, be apprehended by any Person or Perfons who shall see such Offence committed, and Mall be immediately conveyed or delivered 10 a Contable, or other P-ace Officer, in order to be conveyed before fome Justice of the Peace to be dealt with according to Law. “ Watermen to be fummoned for the Purpose of being licensed. $15. " Commffioners empowered to license Watermen. $ 16. Commit. “ fioners may grant and renew Licenses annually. s 17. Clerk to " make Lift of licensed Watermen. “ 18. Watermen may be re“ stricted to work within the Harbour only, and shall pay for Licence “ Twenty Shillings or Ten Shillings according y: Watermen to
give Norice of R-inoval. § 19. Waterm-u shall give in the Names “ of Apprentices and Amitants. 20. Licensed Watermen may “ cake One Apprentice. § 21.
XXII. And be ii further enacted, That it mall not be lawful for Boat not to be any fuch Apprentice, until he fhuil have attained the full Age of cotrufted solely Eighteen Years, and have been apprenticed for the Space of Two to the Care of Years, to take upon himself the fole Care and Management of any peoaley sl. Boat; and in case any such Apprentice fall offend herein, or any licensed Waterman thail permit any Boat to be under the Care or Management of any person or persons other than himself, or some other licensed Waterman, or of some Person who fall be of the Age of Eighteen Years and shall have served at least Two Years of his Apprenticeship, the Master of the faid Auprcotice or such licensed Perlon fo offending as aforesaid, fhail forfeit and pay for every such Offence the Sum of Five Pounds, to be levied, recovered, piid, and applied in Manner herein-after mentioned; and if sufficient Distress maznot be had, h: hall be committed io the Houle of Correction
Watermen to take no more than Ten Pafsengers in fair Weather and Six in foul. Penalty 51.
where the Complaint shall be heard, for any Time not exceeding
XXIV. And be it further enacted, That from and after the passing of this Ac, ic shall roi be lawful for any such Waterman or Apprentice, so having the Charge of his Mafter's Boat as aforesaid, to receive, take into, or carry in his Wherry or Boat at one and the same Time, any more than Ten Persons in fair Weather, or than Six whea such Flag shall be or remain hoisted as aforesaid ; and in case any such Waterman or Apprentice shall take or receive into or carry in his said Wherry or Boat any greater Number of Persons than are respectively allowed to be carried as aforesaid, every such Waterman or Apprentice so offending, and being thereof convicted by the Oath of One or more credible Witness or Witnesses, or by Conte Mion of the Party or Pariies, before any one or more of His Majesty's Justices of the Peace for the said County of Southampton or Borough of Portsmouth respectively, or on View of any such Justice or Justices, shall for every such Offence forfeit the Sum of Five Pounds, to be lesi d, recovered, pait, ard applied in Manner herein-atter mentioned; and if sufficient Distrele cannot be had, he shall be committed to the House of Correction of the County, Borough, or Piace where the Complaint shall be heard, for Two Calendar Months; and it shall and may be lawful for the said Commissioners, or any Five or more of them, to revoke the Licence granted to such Waterman, and he shall not again be licensed.
XXV. And be it further enacted, That the said licensed Watermen shall keep their Boats in good Repair, Order, and Condition, and well and fufficiently provided with Mafts, Sails, Oars, Rudder, and all other proper Gear and Tackle, and that whenever any such Watermen shall be bired to go to any Place, Ship, or Vessel without the said Harbour of Portsmouth, they shall provide themselves with and have in their respective Boats Two Sets of Sails, one adapted for fair and the other for foul Weather, and that on such Occafiors every such Waterman Mall have at least One Afilant; and that it shall and may be lawful to and for any Two or more of the said Commissioners, or any Person or Perfors to be specially appointed by the Commissioners under this Ad, or any Five or more of them, at lume Meeting to be hoiden pursuant to the Provisions of this Act, and who mali be paid such Sum and Sums of Movey for their Service as the said Commiffinners, or any live or more of them, thail from Time to Time dire&t, from Time to Time to inspect the said Boats, and for any Two or more of such Commissioners, or such Purken: fo to be appointed, to . order such of the said Boats as Mall and may be found deficient in any Respect to be laid by, and such Boat Thall not be used agvin till the Defect shall have been repaired, and the said Boats shall have been inspected and approved of by the said Commissioners, or any Two or more of them, or by ruch Person or Persons fo to be specialy appointed as aforesaid ; and in case any such Waterman Mall use any Boat not in good Repair and Condition, and well and fufficiectly provided with Mafts, Sails, Oars, Rudder, and other proper Gears and Tackle, or without its Number, and the Name and Place of Abode of such Waterman painted in legible Figures and Letters in
Boats shall be kept in good Condition.
fome conspicuous Part on the Inside thereof, or, on being hired to go
XXVIII. · And Whereas the Hard or Landing Place from the • said Harbour of Portsmouth on the Gosport Side hereof is liable to • be much injured by Ships, Vessels, Lighters. Barges, Boats of • Burthen, or other Boats lying thereon, which by due Care in the * Perfons having the Cominand of such Ships, Vaffels, Lighters, • Barges, Boats of Burthen, and other Boats, may be avoided ;' Be it therefore further enacted by the Authority aforesaid, That Penalty on from and after the pafling of this A&, if any Mafter, or other Person Vessels lying or having the Command of any such Ship, 'Veffel, Lighter, Barge, Gofport Hard Boat of Burthen, or other Boat, shall place or permit, or suffer
any such Ship, Veffel, Lighter, Barge, Boat of Burhen, or other Boat, to lie over or upon the said or Landing ce on the Gosport Side of the said Harbour of Portsmouih every such Master, or other Person having the Command of any such Ship, Veslel, Lighter, Barge, Boat of Burthen, or other Boat, so placed, permitted, or suffered to lie over or upon the said Hard, thall for every such Offence forfeit and pay the Sum of Five Pounds, to be levied, recovered, paid, and applied in Manner herein.after mentioned.
XXIX. And be it further enacted, That all Penalties and For. Recovery of feitures imposed by this Act, or by any such Bye Law, Order, Rule, Penalties. and Regulation made in pursuance thereof (the Manner of Recovery whereof is not otherwise particulary mentioned), Mall and may, if not otherwise sooner paid, be levied and recovered by Distress and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and Seal or Hands and Suals of any one or more Justice or Juftices of the Peace in or for the County of Southan plon, or in or for the County, City, Borough, Towii, Divilion, or Place where in such Offender or Offenders shall be or relide, or where such Good; and Charteis (hall be, which Warrant such Justice or Justices !s and are hereby empowered and required to grant, such Offender or Officders having been first convicted of any Offence or Offences done or committed contrary to the true Intent and Meaning of this Act, before any or more Justice or Justices of the Peace for the said County of South. ampton or Borough of Portsmouth, according to their respective Juris. dictions under this A&, upon the Oath of One or more credible Wit. ness or Witnesses, which Oath the faid Justice and Justices is and are Bereby empowered to adminifter, or on the Confeffion of the Offender dr Offenders; and the said Penalties and Forteiiures when recovered,
rendering the Overplus (if any be), after dedu&ting the Expence of ! such Diltrels and Sale, upon Demand, to the Party or Parties whose
Goods and Chattels shall be so diftrained, shall be paid to the said Comm:ssi ners, or anv Five or more of them, and shall be applied (if not otherwise directed to be applied by this A&) for and towards the Purposes of this A&t; and in case fufficient Distress cannot be found, and such Penalties and Forfeitures shall not be forthwith paid, it fail and may be lawful for such Justice or Juftices, and he and they are hereby authorized and required, by Warrant under his or their Hand and Seal or Hands and Seals, to commit such Offender or Offenders to the Common Gaol or House of Correction for the County, City, Borough, Town, or Place where such Offender or Offenders shall be or refide, for any Time not exceeding Two Calendar Months where the Penalty shall not amount to Five Pounds, but in all Cases where the penalty shall amount to or exceed that Sum, and where no other Punishment on Non-payment thereof shall be hereinbefore directed to be ir flicted, the said Offender or Offenders shall be committed as aforesaid, for any Time not exceeding Six Calendar Months, unless such Penalties and Forfeitures respectively shall
be sooner paid. Informations for XXX. Provided always, and be it further enacted, That no Person Offences to be
or Perlons shall be subject or liable to the Payment of any of the given within Three Months.
Penalties or Forfeitures indicted by virtue of this A&, unless Information shall be given of such Offence or Offences withio Three Calendar Months next after the Offence shall have been committed,
XXXI. · And, for the better enforcing duc Obedience to this Act,
" and ascertaining the Mode of Recovery of the respe&ive Penalties,' Allowing a be it further enacted, That the Justices of the Peace of the said County,
of Southampton, as to offences committed in the said County out of Jurisdiction to
the Borough of Portsmouth aforesaid, and the Juftices of the Peace of the Justices for Southampton
the said Borough of Portsmouth, as to Offences committed within the and the Borough faid Borough of Portsmouth, and every of them, shall have full Power of Portsmouth, and Authority by virtue of this A&, upon Complaint made to them in certain Cases. or any of them by any Person or Persons, to examine, hear, and de.
termine by the Oath of One or more Witness or Witnesses (which Oath each and every of them are hereby authorized to administer), or by the Confession of the Offender, ail Complaints or Offences to be done or committed within their faid refpe&tive Jurisdictions, contrary to the true Intent and Meaning of this Act: Provided neverthelesi, that where any Offence against this Act shall be committed upon the Water within the Harbour of Porl/mouth, the Justices of the Peace for the County of Southampton, and thole for the Borough of Portsmouth, shall have a concurrent Jurisdiction as to such Offerces, and the Parties making Complaint thertot may make such Complaint to the one or the other as thev shall think proper.
XXXil. And be it further enactid, That in all Cases where any Conviction shall be bad for any Offence or Offences committed againft this AA, or any Matter in pursuance of this Act, the Form of Con
viction shall be in the Words or to the Effect following ; that is to say, Form of Conviction.
of Portsmouth, to wit.
Year of the Reign of
of having [as the