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6 G. 4, c. 91.

His Majesty empowered by letters patent,

to grant to trading com

panies not in

corporated cer

tain privileges for protection of themselves

and of the public.

[No. XXVII.] 4 & 5 W. IV. c. 89.-An Act to amend the Laws relating to the Customs. [15th August 1834.]

[No. XXVIII.] 4 & 5 W. IV. c. 94.-An Act to enable His
Majesty to invest trading and other Companies with the
Powers necessary for the due Conduct of their Affairs,
and for the Security of the Rights and Interests of their
Creditors.
[15th August 1834.]
WHEREAS by an act passed in the sixth year of his late Majesty
king George the fourth, intituled An Act to repeal so much of an
Act passed in the Sixth Year of His late Majesty King George the First
as relates to the restraining several extravagant and unwarrantable Prac-
tices in the said Act mentioned, and for conferring additional Powers upon
His Majesty with respect to the granting of Charters of Incorporation to
trading and other Companies, it is amongst other things enacted, That in
any charter hereafter to be granted by his Majesty, his heirs or succes-
sors, for the incorporation of any company or body of persons, it shall
and may be lawful in and by such charter to declare and provide that
the members of such corporation shall be individually liable in their
persons and property for the debts, contracts, and engagements of such
corporation, to such extent, and subject to such regulations and restric-
tions, as his Majesty, his heirs or successors, may deem fit and proper,
and as shall be declared and limited in and by such charter, and the
members of such corporation shall thereby be rendered so liable ac-
cordingly: And whereas divers companies and bodies of persons do
and may from time to time associate themselves together for trading,
charitable, literary, or other purposes, which associations it would be
inexpedient to incorporate by royal charters, granted either according to
the rules of the common law, or in pursuance of the said recited act,
although it would be expedient to confer upon such associations, or
some of them, some of the privileges of and incident to corporations
created by royal charters, and especially the privilege of maintaining
and defending suits, actions, prosecutions, or other legal proceedings, in
the name or names of some one or more of the principal officers for the
time being of such associations respectively: Be it therefore enacted,
&c., That it shall and may be lawful for his Majesty, his heirs and suc-
cessors, by letters patent to be from time to time for that purpose issued
under the great seal of the united kingdom of Great Britain and Ireland,
or in Scotland under the seal appointed by the articles of union to be
used, and instead of the great seal thereof, to grant to any company or
body of persons associated together for any trading, charitable, literary,
or other purposes, and to the heirs, executors, administrators, and
assigns of any such persons, although not incorporated by such letters
patent, any privilege or privileges which, according to the rules of the
common law, or in pursuance of the said recited act, it would be com-
petent to his Majesty, his heirs and successors, to grant to any such
company or body of persons in and by any charter of incorporation, and
especially the before-mentioned privilege of maintaining and defending
actions, suits, prosecutions, and other proceedings, both at law, and in
equity, in the name or names of any one or more of the principal officers
for the time being of any such associations respectively, which privi-
leges shall be granted in and by such letters patent, in such manner and
form, and upon such conditions for the prevention of abuses in the
management of the affairs of any such associations, and for the security
of the rights and interests of their creditors, and for the protection of
the public at large, as his Majesty, his heirs and successors, shall by
any such letters patent as aforesaid see fit from time to time to prescribe

c. 94.

and impose; and any letters patent which shall be so granted and No. XXVIII. issued as aforesaid shall, to the extent of the privileges thereby granted, 4 & 5 W. 4, and subject to the conditions to be thereby imposed, be as valid and effectual in the law as if such privileges were granted and such conditions were imposed by any act passed for granting and imposing the same: Provided always, That in all cases where such letters patent Name of any shall be granted to any such company or body of persons, it shall and member may may be lawful, in all suits or proceedings in equity commenced or be joined with instituted against the principal officer or officers of such company or principal offibody of persons, to join, for the purpose of discovery, in such suits or cer in suits in proceedings, any member or members of such company as the nominal equity. defendant or defendants for or on behalf of such company or body of persons, subject to the payment by the plaintiffs of such costs as the

court in which such proceedings may be had shall in that behalf order No privilege to or direct: Provided always, That nothing in this act contained shall be granted enable his Majesty to grant to any company or body of persons any until after privilege under this act until after notice in the Gazette shall have been three months' given three months that it is intended to grant such privilege or pri- notice in Gavileges.

zette.

II. And to the end that the issuing of such letters patent, and the Entry of grant name or names of the principal officer or officers for the time being of of letters pathe several associations thereby constituted, may be made known to the tent to be made public, be it enacted, That an entry of the grant of such letters patent, in the office of and of the name or names of the principal officer or officers therein de- clerk of the pasignated, or who may from time to time be appointed by virtue of the tents, and a memorandum powers for that purpose contained in such letters patent, shall be made thereof pubin a book to be kept for that purpose in the office of the clerk of the lished in the patents, and that the same shall be open for inspection at all reasonable London Gatimes, by any person requiring the same, on payment of a fee of one zette and in one shilling only; and further, that a sufficient notice or memorandum of newspaper in such letters patent, together with the name or names of such principal the neighbourofficer or officers, be advertised in the London Gazette within one calen- hood of the dar month from the date of such letters patent, and also in some one association. newspaper published or circulating in the county or place where the meetings of any such association shall be usually held; and also, that upon the death, or change from any other cause whatever, of any such principal officer or officers, notice thereof, and of the name or names of the person or persons succeeding him or them, shall in like manner be recorded in the office of the clerk of the patents, and advertised in the London Gazette and in some one newspaper as aforesaid; and the officer or officers so from time to time recorded and advertised shall, for all intents and purposes, be held and considered as the party or parties entitled to sue and to be sued on behalf of his or their respective associations, within the meaning of this act, and of any patent or patents to be from time to time granted by virtue therereof.

III. That any decree, judgment, order, or interlocutor made or pro- Decrees, judgnounced in any action, suit, or proceeding in any court of law or equity ments, &c. against any officer of any such company, body, or association named as given against aforesaid, shall have the like effect and operation upon and against the said company property, funds, and effects of such company, body, or association, and to extend to upon and against the persons and property of every and any member the property of thereof, as if such company, body, or association, and such member or such company, members thereof, had been a party or parties to such action, suit, or and to the perproceeding, and as if such decree, judgment, order, or interlocutor had son and effects been pronounced against such company, body, or association, or against every or any such member or members thereof; provided that no diligence or execution shall pass or be issued thereon without leave first granted in open court by the court in which such decree, judgment, order, or interlocutor was made or pronounced, and which motion shall be made on notice to the person or persons sought to be charged, nor after the expiration of three years next after such person or persons shall have ceased to be a member of such company, body, or association.

of every member thereof.

c. 94.

No. XXVIII. IV. Provided always, That the principal officer or officers for the 4 & 5 W. 4, time being of such company or body of persons to whom such letters patent shall be granted shall, in the first week of the month of June and in the first week of the month of December in each year during the continuance of such letters patent, cause a true list of the names of all the then existing members of such company or body of persons, with their respective places of abode and description, to be filed with the clerk of the patents, and that the same shall be open for inspection at all reasonable times by any person requiring the same.

List of members' names, with their places of

abode, to be filed with clerk Saving privi

of patents, and be open for inspection.

V. Provided always, That nothing in this act contained shall auleges of existing thorize or be construed to authorize the grant to any company or body of persons of any privilege in derogation of any exclusive privileges now enjoyed by any company or corporation under any act or acts of parliament.

companies.

[No. XXIX.] 5 & 6 W. IV. c. 13.-An Act to regulate the importation of Corn into the Isle of Man.

[3rd July 1835.]

[No. XXX.] 5 & 6 W. IV. c. 19.-An Act to amend and consolidate the Laws relating to the Merchant Seamen of the United Kingdom and for forming and maintaining a Register of all the Men engaged in that Service.

[30th July 1835.] WHEREAS the prosperity, strength, and safety of this united kingdom and of his Majesty's dominions do principally depend on a large, constant, and ready supply of seamen, as well for carrying on the commerce as for the defence thereof; and it is therefore necessary to aid by all practicable means the increase of the number of such seamen, and to give them all due encouragement and protection, and to this end to amend and consolidate the laws relating to their regulation and government Be it therefore enacted, &c. That after [31st July, 1835, the acts 2 & 3 Ann, c. 6; 2 G. 2, c. 36; 2 G. 3, c. 31; 31 G. 3, c. 39; 45 G. 3, c. 81; 37 G. 3, c. 73; 58 G. 3, c. 38; 4 G. 4, c. 25; 3 & 4 W. 4, c. 88, and 59 G. 3, c. 58, shall be repealed.] Provided always, that all offences which shall have been committed and all penalties and forfeitures which shall have been incurred previous to the commencement of this act, against the provisions of the said acts, shall and may be punishable and recoverable under the said acts as if the same had not been repealed. II. That it shall not be lawful for any master of any ship or vessel be taken to sea belonging to any subject of his Majesty of this united kingdom trading to parts beyond the seas, or of any British registered ship of the bur then of eighty tons or upwards employed in any of the fisheries of the united kingdom, or in trading coastwise or otherwise, to carry to sea on any voyage, either from this kingdom or from any other place, any seaman or other person as one of his crew or complement (apprentices excepted), without first entering into an agreement in writing with every such seaman, specifying what monthly or other wages each such seaman is to be paid, the capacity in which he is to act, and the nature of the voyage in which the ship is intended to be employed, so that the seaman may have some means of judging of the probable period for which he is likely to be engaged; and the said agreement shall contain the day of the month and year in which the same shall be made, and shall be signed by the master in the first instance, and by the seamen respectively at the port or place where such seamen shall be respectively shipped; and the master shall cause the same to be, by or in the pre

No seaman to

without a

written agree

ment.

sence of the party who is to attest their respective signatures thereto, No. XXX. truly and distinctly read over to every such seaman before he shall be 4 & 5 W. 4, required to sign the same, in order that he may be enabled to understand the purport and meaning of the engagement he enters into and

the terms to which he is bound.

c. 19.

III. That in the cases of ships as aforesaid bound to parts beyond the Regulations seas, except as herein-after provided, every such agreement shall be in respecting form the form and shall contain true entries under their respective heads of of agreements. the several particulars set forth in the schedule to this act annexed and marked (A.), so far as the same can be ascertained; and that the owners and the master of every such ship, or one of them, shall, on reporting his ship's arrival at her port of destination in the united kingdom, deposit or cause to be deposited with the collector or comptroller of the customs at such port a true copy of such agreement, attested by the signature of the master, to the intent that every person who may be interested in any such agreement may at all times have the means of knowing the terms and conditions thereof; and that in the cases of ships employed in fishing on the coasts of the united kingdom, and of ships regularly trading from one part of the united kingdom to another, and of ships regularly trading or making regular voyages to any of the islands of Jersey, Guernsey, Alderney, Sark, and Man, or to any port on the continent of Europe between the river Elbe inclusive and Brest, the agreement to be entered into as aforesaid shall be in the form and shall contain true entries under their respective heads of the particulars set forth in the schedule to this act annexed and marked (B), so far as the same can be ascertained; and that the owner or one of the owners of every such ship employed in fishing or in trading in any of the cases last mentioned shall to the like intent, within ten days next after the expiration of every six months ending on the thirtieth day of June and the thirty-first day of December in each year, deposit with the collector or comptroller of the customs of the port to which the ship shall belong a true copy of every agreement which shall have been entered into with any person composing part of the crew thereof within the preceding six months, attested by the signature of such owner; and all copies of agreements so required by this act to be deposited as aforesaid shall, when the same shall have been so deposited, and shall be required to be produced in evidence on the part of any seaman, be received and taken as legal proof of the contents of the agreement.

IV. That if any master of any such ship as aforesaid shall carry out Penalty for to sea any seaman (apprentices excepted) without having first entered default. into such agreement as is hereby required, he shall for every such offence forfeit and pay the sum of ten pounds for or in respect of each and every such seaman he shall so carry out contrary to this act; and if any master shall neglect to cause the agreement to be distinctly read over to each such seaman, as by this act he is enjoined, he shall for every such neglect forfeit and pay the sum of five pounds; and if any master shall neglect to deposit with the collector or comptroller of the customs a copy of the agreement hereby required to be made and deposited as aforesaid, or shall wilfully deposit a false copy of any such agreement, he shall for every such neglect or offence forfeit and pay the sum of fifty pounds.

V. That no seaman, by entering into or signing such agreement as Seamen not to aforesaid, shall forfeit his lien upon the ship, nor be deprived of any be deprived of remedy for the recovery of his wages which seamen are now lawfully legal remedies. entitled to against either the ship, the master or the owners thereof;

nor shall any agreement made contrary to or inconsistent with the pro- No agreement visions of this act, or any clause whereby a seaman shall consent to contrary to the forego the right which the maritime law gives him to wages in the case act to be valid. of freight earned by ships subsequently lost, or containing any words

to that effect, be valid or binding on any seaman signing the same; and Seamen not that in cases in which it may be necessary that the agreement should bound to probe produced to sustain a claim on the part of a seaman no obligation duce agree

ment.

No. XXX. shall lie upon the seaman to produce the same, nor shall any seaman 4 & 5 W. 4, fail in any suit or proceeding for the recovery of his wages for want of the production of any such agreement, or of any deposited copy thereof as aforesaid, or for the want of any notice to produce the same; any law or usage to the contrary notwithstanding.

c. 19.

Seamen refusing to join or to proceed

VI. That in case a seaman shall at any time, after having signed an agreement as herein before mentioned, neglect or refuse to join the ship on board of which he shall have engaged to serve, or shall refuse to in the ship, or proceed to sea in her, or shall absent himself therefrom without leave, it absenting shall be lawful for any justice of the peace in any of his Majesty's dominions at home or abroad near to the place where such ship shall happen therefrom, may to be, upon complaint of the fact made upon oath by the master, mate,

themselves

be committed

to gaol.

Forfeiture for temporary absence from

duty.

How amount of forfeiture is

to be a certained when

or owner thereof, and such justice is hereby required, by his warrant to cause such seaman to be apprehended and brought before him; and in case such seaman shall not give a reason to the satisfaction of such justice for his neglect, refusal, or absence, as the case may be, upon due proof of such neglect, refusal, or absence it shall be lawful for any such justice to commit such seaman to the house of correction, there to be kept to hard labour for a period not exceeding thirty days: Provided always, That in case such seaman, on being apprehended and brought before the said justice, shall consent to join the ship and proceed on the voyage for which he shall have agreed, it shall be lawful for the said justice, at the request of the master, instead of committing such seaman, to cause him to be conveyed on board the said ship or to be delivered to the master for the purpose of proceeding on the voyage, and also to award to the master such costs incurred in the apprehension of the seaman as to such justice shall seem reasonable, not exceeding in any case the sum of forty shillings, which shall be chargeable against and may be abated from the wages to grow due to such seaman.

VII. That if any seaman, after having signed such agreement as aforesaid, or after the ship on board which he shall have agreed to serve shall have left her first port of clearance, and before the period for which he shall have agreed to serve shall be completed, shall wilfully and without leave absent himself from the ship, or otherwise from his duty, he shall (in all cases not of absolute desertion, or not treated as such by the master,) forfeit out of his wages to the master or owner of such ship the amount of two days' pay for every twenty-four hours of such absence, and in a like proportion for any less period of time, or, at the option of the said master, the amount of such expences as shall have been necessarily incurred in hiring a substitute to perform his work; and in case any seaman while he shall belong to the ship shall without sufficient cause neglect to perform such his duty as shall be reasonably required of him by the master or other person in command of the ship, he shall be subject to a like forfeiture in respect of every such offence, and of every twenty-four hours' continuance thereof; and in case any such seaman, after having signed such agreement, or after the ship's arrival at her port of delivery, and before her cargo shall be discharged, shall quit the ship without a previous discharge or leave from the master thereof, he shall forfeit to the master or owner one month's pay out of his wages: Provided always, That no such forfeitures shall be incurred unless the fact of the seaman's temporary absence, neglect of duty, or quitting the ship shall be duly entered or recorded in the ship's log book, which entry shall specify truly the hour of the day at which the same shall have occurred, and the period during which the seaman was absent or neglected his duty, the truth of which entry it shall be incumbent on the owner or master in all cases of dispute to substantiate by the evidence of the mate or some other credible witness.

VIII. That in all cases where the seaman shall have contracted for wages by the voyage or by the run, and not by the month or other stated period of time, the amount of forfeitures to be incurred by seamen under this act shall be ascertained in manner following; (that is to say,)

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