Page images
PDF
EPUB

IV.

mentioned in that Behalf in such Application; and if he shall Coalwhipping. pay to such Persons any such greater Price, or shall allow to such Persons any such longer Period or any other Advantage, he shall be liable to forfeit for every such Offence any Sum not exceeding Ten Pounds.

After Discharge of Cargo, Ship

master to pay

Wages to the

Person authorized to re

ceive the same.

So much of

1&2 Vict.c. 101.

as relates to Payment of Wages, repealed.

Recovery of Wages, &c.

missioners
shall pay the
Coal whippers
the Wages due
to them, after
making the
requisite De-
ductions.

XXIII. And be it enacted, That immediately after the Dis. charge of the Cargo or the Part thereof undertaken to be discharged by the Coalwhippers sent from the Coalwhippers Office shall be finished, the Master of the Vessel in which they were employed, or such other Person as aforesaid, shall pay to some Person authorized by the said Commissioners the full Hire and Wages due in respect of the Labour of such Coalwhippers, and the Charge for Baulk Days by reason of Detention, and for the Hire of Tackle (if any), in current Money of the United Kingdom, and in default thereof the Master or such other Person as aforesaid shall for every such Offence forfeit and pay any Sum not exceeding Ten Pounds; and so much of the said Act passed in the First and Second Years of the Reign of Her present Majesty as relates to the Payment of the Wages of Persons employed in the Discharge or Delivery of Coals from Vessels laden therewith in the Port of London shall be and the same is hereby repealed: Provided always, that such Master or other Person as aforesaid shall not be compellable to pay such Hire or Wages except on board the Vessel.

XXIV. And be it enacted, That all Money due for Labour performed and for the Hire of Tackle under the Provisions of the said Act of the Sixth and Seventh Years of the Reign of Her present Majesty or of this Act, and for Baulk Days by reason of Detention, shall be recoverable in like Manner and in all respects as Wages due to Seamen for Labour performed on board Ship.

Person autho- XXV. And be it enacted, That the Person so authorized as rized by Com aforesaid by the said Commissioners shall receive the Money to be paid as Hire or Wages for the Labour of the Coalwhippers so discharging the Cargo, or Part thereof, of such Vessel as aforesaid, and for Baulk Days, and for the Hire of Tackle (if any), and shall forthwith pay the same at the nearest Head Office or Branch Office to the Clerk or other Person appointed by the said Commissioners to receive the same; and if any such authorized Person as aforesaid shall neglect or refuse to pay the Money received by him as aforesaid at the Time and Place aforesaid, he shall forfeit and pay for every such Offence any Sum not exceeding Ten Pounds; and the Person so authorized as aforesaid by the said Commissioners after deducting therefrom the Sum or Proportion prescribed under the Authority of this Act, not exceeding One Farthing in each Shilling, shall forthwith pay and divide the Residue of the Monies so received for Wages and Baulk Days to and among the Coalwhippers so employed, without any other Deduction or Abatement, except as herein-after mentioned, and without imposing any Terms or Conditions whatever; and if any such Clerk or other Person as aforesaid shall make any other Deduction than as aforesaid, or shall impose any Terms or Conditions on making such Payment, he shall for every such Offence forfeit any Sum not exceeding Ten Pounds.

Penalty.

XXVI. And

XXVI. And whereas in dividing the Monies aforesaid Frac- Application of 'tions undivisible in the usual Coin of the Realm will occasionally Fractions. ' occur;' be it therefore enacted, That it shall be lawful for the said Commissioners to deduct and retain such undivisible Fractions, and to distribute the same for the Benefit of the registered Coalwhippers as the said Commissioners shall see fit, and that an Account shall be kept of the same, to be called the "Fraction Fund."

any

V.

Regulations.

Commissioners

to make Bye
Laws for the
Government
of the Coal-
whippers, and
Management of
the Offices.

XXVII. And for better carrying into execution the Purposes of this Act, be it enacted, That it shall be lawful for the said Commissioners to make, when and as they shall deem necessary, Bye Laws and Regulations for keeping the Register by this Act established, and prescribing the Testimonials, Proofs, and Particulars to be required of Persons before or upon Registration therein, and settling the Terms of Entry therein, and of the Certificates to be delivered, and fixing the Fees, not exceeding in Case the Sum of Four-pence, for any such Registration or renewed Certificate, to be paid for Registration and renewed Certificates under this Act, and for fixing the Amount, not exceeding the Sum herein-before limited, of the Deduction to be made out of such Hire or Wages for the Purposes of this Act; and for the settling of Demands, the paying in and withdrawing of Monies, the Payment of Orders, and the Disposal of Funds, and the keeping, auditing, and Publication of Accounts under this Act; and for determining the Time of Attendance of the Coalwhippers at the Coalwhippers Office or its Branches, their Division into Gangs, and the Rotation of their Employment; and for securing the due Performance on the Part of the Coalwhippers of their Contracts to discharge Coals, with reference to the Time, Price, and other Terms specified in each such Application as aforesaid; for the Completion of the Discharge of the Cargo, or Parts of Cargoes, as well as in other respects; and for annulling such Contracts in case of their Misbehaviour, or other sufficient Cause, and for promptly substituting other Coalwhippers in such Cases for the Fulfilment of such Contracts; and for the Guidance, Government, and Control in all respects of the Coalwhippers certificated, and for the Management of the Offices and Stations established, and the Officers and Servants appointed under this Act; and for securing the due Performance of the Contracts entered into by Masters of Ships and other Persons employing Coalwhippers or hiring Tackle under this Act, and for carrying this Act fully into execution; and to impose the Suspension or Forfeiture of the Employment of Coalwhippers, or of any Office or Place created under this Act, or to fix any reasonable Penalties (not exceeding the Sum of Five Pounds for any Offence) for the Breach or Non-observance of any such Bye Law or Regulation; and from Time to Time, by any other Bye Law or Regulation, to rescind, suspend, alter, or vary any Bye Law or Regulation by them made: Pro- Proposed Bye vided always, that the said Commissioners shall submit all Bye Laws to be Laws and Regulations proposed to be made by them to the Lords submitted to of the said Committee of Her Majesty's Privy Council for their Consideration and Supervision, and shall receive and consider any Amendments which they may suggest therein; and One Week after such Submission the said Commissioners shall cause a Copy

of

the Board of

Trade.

V.

Regulations.

Publication of Bye Laws as sanctioned by the Board of Trade.

Board of Trade

to notify Sanc tion, Disapproval, or Amendment within Four Weeks.

Time when Bye
Laws to come

in force.

Penalty on Commissioners being interested in any Con

tract.

VI. Legal Proceedings.

Recovery and
Application of

of such proposed Bye Laws and Regulations to be publicly affixed in some conspicuous Place in the Coal Market, and (if the same shall be established) in the Head Coalwhippers Office in London; and if such proposed Bye Laws and Regulations should be sanctioned by the Lords of the said Committee without Alteration, or if the Amendments which they shall suggest therein shall be adopted, or if the said Committee should fail to express an Opinion on the Bye Laws and Regulations to them submitted within the Space of Four Weeks next after such Submission, the said Commissioners shall make public such Bye Laws and Regulations by the Advertisement thereof once in the London Gazette, and by affixing Copies thereof in some conspicuous Place or Places in the Coal Market and Custom House of the City of London, and in the Head Coalwhippers Office (if any) established under this Act, and in the respective Custom Houses at Gravesend, Newcastle, Sunderland, Stockton-on-Tees, and Leith, and at such other Places and in such other Manner as to them shall seem fit : Provided also, that the Bye Laws and Regulations made under the Powers contained in the said recited Act of the Sixth and Seventh Years of the Reign of Her present Majesty, and now in force, shall continue and be the Bye Laws and Regulations under this Act, until the same shall have been rescinded, suspended, altered, or varied under the Provisions of this Act.

XXVIII. And be it enacted, That it shall be lawful for the said Lords of the said Committee of Her Majesty's Privy Council to sanction or to disapprove of such proposed Bye Laws and Regulations, or to suggest any Amendments therein, so that such Sanction or Disapproval or such suggested Amendments be notified to the said Commissioners within the Space of Four Weeks next after the Submission of such proposed Bye Laws and Regulations to the said Committee.

XXIX. And be it enacted, That such Bye Laws and Regulations shall have full legal Effect at the Termination of Four Weeks from the Time when they were so made public by the said Commissioners, and a Copy purporting to be made of any such Bye Law or Regulation, and authenticated by the Signature of the Chairman for the Time being of the said Commissioners, shall, without any further Proof, be received as Evidence of the Bye Law or Regulation of which it purports to be a Copy, and of such Bye Law or Regulation having been duly made, submitted, issued, and published.

XXX. And be it enacted, That if any Person, being a Commis. sioner under this Act, shall be directly or indirectly interested or concerned in any Contract which shall be made or entered into by or on behalf of the said Commissioners for or concerning any Work to be done under this Act, or Materials to be employed therein, every such Contract shall be void, and the Person who, being a Commissioner, shall be so interested or concerned, shall for every such Offence forfeit and pay the Sum of One hundred Pounds to any Person or Persons who shall sue for the same.

XXXI. And be it enacted, That all Fines, Penalties, or Forfeitures by this Act, or by any Bye Law or Regulation made in pursuance thereof, imposed, not exceeding Twenty-five Pounds, shall be sued for within Three Calendar Months after the Offence or Offences

If Penalties not

paid the same may be levied

by Distress.

Offences committed; and all such Fines, Penalties, and Forfeitures Fines and shall be levied and recovered before any Justice or Justices of the Penalties not Peace for the County, City, or Place where the Offence shall be exceeding 251. committed; and such Justice or Justices is and are hereby empowered and required, upon Information or Complaint to him or them made, to grant a Summons or Warrant to bring before him or them such Offender or Offenders at the Time and Place as shall be in such Warrant specified; and if, on the Conviction of the Offenders respectively, either on his, her, or their Confession, or on the Evidence of any One or more credible Witness or Witnesses upon Oath (which Oath such Justice or Justices is and are hereby empowered to administer), such Fine, Penalty, or Forfeiture shall not be forthwith paid, the same shall be levied by Distress and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hand and Seal of such Justice or Justices; and the Overplus of the Money (if any) raised by such Distress and Sale, after deducting the Fine, Penalty, or Forfeiture, and the Costs and Charges of making such Distress and Sale, shall be rendered to the Owner of the Goods and Chattels so distrained; and for Want of Distress, or in case the Fine, Penalty, or Forfeiture shall not be forthwith paid, it shall and may be lawful to and for such Justice or Justices to commit every such Offender to the Common Gaol or House of Correction for the County, City, or Place where the Offence shall be committed, there to remain without Bail or Mainprize for any Time not exceeding Six Calendar Months, unless such Fine, Penalty, or Forfeiture, and all reasonable Charges attending the Recovery thereof, shall be sooner paid; and all such Fines, Penalties, and Forfeitures, when recovered, shall be paid as herein-after directed.

XXXII. And be it enacted, That in all Cases in which by this Act any Penalty or Forfeiture is made recoverable before a Justice of the Peace it shall be lawful for any Justice of the Peace to whom Complaint shall be made of any Offence against this Act, or any Bye Law or Regulation made in pursuance thereof, to summon the Party complained against before him, and on such Summons to hear and determine the Matter of such Complaint, and on Proof of the Offence to convict the Offender, and to adjudge him to pay the Penalty or Forfeiture incurred, and to proceed to recover the same, although no Information in Writing shall have been exhibited or taken by or before such Justice; and all such Proceedings by Summons without Information shall be as good, valid, and effectual, to all Intents and Purposes, as if an Information in Writing was exhibited.

If Distress not sufficient,

Offender may be committed.

Justices may proceed by Summons in the Recovery of Penalties.

Power to the
Justice to give
Part of Penal-

ties to Informers.

XXXIII. Provided always, nevertheless, and be it enacted, That it shall be lawful for any Justice or Justices before whom any such Conviction shall take place, if they or he shall think fit, to order and direct any Part, not exceeding One Half, of such Fines, Penalties, and Forfeitures, to be paid or applied to or for the Use of the Informer or Informers, or other Persons aiding or assisting in the Apprehension of the Offender or Offenders or any of them. XXXIV. And be it enacted, That it shall be lawful for Power to JusJustice or Justices before whom any Person or Persons shall be tices to order Expences of brought or convicted for any Offence for which a Penalty is imWitnesses, &c. posed by this Act, or by any Bye Law or Regulation made in pur- to be paid.

any

suance

VI.

Legal Proceedings.

Persons convicted may ap. peal to the Quarter Ses

sions, upon

suance thereof, to direct all or any Part, according to the Discretion of such Justice or Justices, of the reasonable Expences of any Constable, Police Officer, or other Witness of the Matter which shall be charged, and of such Compensation (if any) for the Time and Trouble of such Witness, as such Justice or Justices shall think reasonable, to be paid either by the Offender or Offenders, or the Complainant or Complainants; and the Sum so ordered to be paid shall and may be recovered, together with any Penalty of which the Person by whom the same shall be ordered to be paid shall have been convicted, or without, in the same Manner as any Penalty is directed to be recovered by this Act, and shall be paid to such Constable, Police Officer, or other Witness.

XXXV. And be it enacted, That it shall and may be lawful to and for any Person or Persons so convicted by any Justice or Justices of the Peace as before mentioned of any Offence or Offences against this Act, or against any Bye Law or Regulation giving Security. made in pursuance thereof, to appeal to the Justices of the Peace assembled at the next General Quarter Sessions or General Sessions to be holden for the County, City, or Place where such Conviction shall be made, on giving immediate Notice of such Appeal, and finding sufficient Security to the Satisfaction of such Justice or Justices for prosecuting the said Appeal with effect, and abiding the Determination of the Court therein; and such Justices in such General Quarter Sessions or General Sessions shall hear and determine the Matter of such Appeal, and may either confirm or quash and annul the said Conviction, and award such Costs to either Party, as to them the said Justices shall seem just and reasonable; and the Decision of the said Justices therein shall be final, binding, and conclusive; and no Proceedings to be had or taken in pursuance of this Act shall be quashed or vacated for Want of Form only, or be removed by Certiorari or any other Writ or Process whatsoever into any of Her Majesty's Courts of Record at Westminster or elsewhere, any Law or Statute to the contrary thereof in anywise notwithstanding.

Justices may summon Witnesses.

Penalty on

Persons refusing to attend when summoned.

XXXVI. And be it enacted, That it shall and may be lawful to and for any such Justice or Justices of the Peace before whom any such Fines, Penalties, or Forfeitures shall be sued for to summon before him or them any Person who shall, in or by the Complaint or Information made to him or them, appear to be a necessary Witness as to the Matters thereby charged, to appear before him or them at a Time and Place to be specified in the Summons; and in case such Person so summoned shall not appear according to such Summons, then, upon due Proof of the Service of such Summons in manner aforesaid, such Person so summoned, and not appearing in compliance therewith, shall forfeit and pay the Sum of Twenty-five Pounds, to be levied and recovered in such Manner and by such Ways and Means as are herein-before directed as to other Penalties; and it shall and may be lawful to and for the said Justice or Justices to cause such Person to be apprehended by Warrant under the Hand and Seal or Hands and Seals of such Justice or Justices, and to be brought before him or them; and thereupon, whether such Person shall appear upon Summons as aforesaid, or shall be apprehended as aforesaid, such Justice or Justices shall and may proceed to examine him or her

upon

« PreviousContinue »