VI.

Legal Proceedings.

upon Oath as to the Matter of such Complaint or Information; and in case such Person shall refuse to be sworn or to answer or to give Evidence therein, then and in every such Case it shall and may be lawful to and for such Justice or Justices, by Warrant under his Hand and Seal or their Hands and Seals, to commit such Person so refusing to be sworn or to answer or to give Evidence as aforesaid to the Common Gaol or House of Correction of the City, County, or Place in or for which such Justice or Justices shall then act, there to remain for any Space of Time not exceeding Six Calendar Months. XXXVII. And be it enacted, That if any Person or Persons, Persons giving upon his, her, or their Examination upon Oath before any Justice false Evidence or Justices of the Peace acting in execution of this Act, shall Punishment wilfully and corruptly give false Evidence touching any Matter or for Perjury. Thing relating to this Act, or if any Person or Persons shall take or make any false Oath or Affidavit with respect to any Matter or Thing relating to this Act, every such Person so offending, and being duly convicted thereof, shall be and is hereby declared to be subject and liable to such Pains and Penalties as by any Law in force and effect Persons guilty of wilful and corrupt Perjury are subject and liable to.

XXXVIII. And be it enacted, That all Fines, Penalties, or Forfeitures exceeding the Sum of Twenty-five Pounds by this Act imposed for any Offence or Offences committed against this Act shall and may be recovered by Action of Debt, Bill, Plaint, or Information in any of Her Majesty's Courts of Record at West minster, by the Person or Persons who shall inform and sue for the same within One Calendar Month after the Offence or Offences shall be committed; and one Moiety of all such Fines, Penalties, or Forfeitures shall be to and for the Use of our Sovereign Lady the Queen, Her Heirs and Successors, and the other Moiety thereof (together with full Costs of Suit) shall be to and for the Use of the Person or Persons who shall inform or sue for the same.

liable to

Penalties above 25. may be recovered by

Action in

Superior

Courts.

nor the Parties

to be deemed Trespassers

XXXIX. And be it enacted, That when any Distress shall be Distress not to made for any Sum or Sums of Money to be levied by virtue of be unlawful for this Act the Distress itself shall not be deemed unlawful, nor Want of Form, shall the Party or Parties making the same be deemed a Trespasser or Trespassers, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or the Proceed- ab initio. ings relating thereto, nor shall the Party or Parties be deemed a Trespasser or Trespassers ab initio on Account of any Irregularity which shall be afterwards committed by the Party or Parties distraining, but the Person or Persons aggrieved by such Irregularity shall and may recover full Satisfaction for the special Damage sustained in an Action on the Case.

XL. And for the more easy and speedy Conviction of Offenders Form of Conagainst this Act, be it enacted, That every Justice of the Peace viction. before whom any Person shall be convicted of any Offence against this Act shall and may cause the Conviction to be drawn accord

ing to the following Form; (videlicet,)

BE it remembered, That on the

Day of

in the Year of our Lord

One of Her
'Majesty's

'A.B. is convicted before me

VI. Legal Proceedings.

Plaintiff not to
recover after
Tender of
Amends.

Limitation of
Actions.

Pecuniary
Forfeitures to

go to the Fund
of the Act, un-

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 of Parliament made in the Year of the Reign of Queen Victoria, intituled "[here insert the Title of this Act]. Given under my Hand and 'Seal the Day and Year first above written.

'C.D.

XLI. And be it enacted, That no Plaintiff or Plaintiffs shall recover in any Action to be commenced against any Person or Persons for any thing done in pursuance of this Act, unless Notice in Writing shall have been given to the Defendant or Defendants Twenty-one Days before such Action, signed by the Attorney for the Plaintiff or Plaintiffs, specifying the Cause of such Action; nor shall the Plaintiff or Plaintiffs recover in any such Action if Tender of sufficient Amends hath been made to him, her, or them, or to his, her, or their Attorney, by or on behalf of the Defendant or Defendants, before such Action brought; and in case no Tender shall have been made it shall and may be lawful to and for the Defendant or Defendants in any such Action, at any Time before Issue joined, to pay into Court such Sum of Money as he, she, or they shall think fit, whereupon such Proceeding, Order, and Judgment shall be made and given in and by such Court as in other Actions where the Defendant is allowed to pay Money into Court.

XLII. Provided always, and be it enacted, That no Action or Suit shall be commenced against any Person or Persons for any thing done in pursuance of this Act after Three Calendar Months next after the Fact committed; and every such Action or Suit shall be brought and tried in the County or Place where the Cause of Action shall arise; and if any such Action or Suit shall be brought before Twenty-one Days Notice shall have been given, or after a sufficient Satisfaction made or tendered as aforesaid, or after the Time limited for bringing the same as aforesaid, or shall be brought in any other County or Place than as aforesaid, then the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her, or their Action or Suit after the Defendant or Defendants shall have appeared, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, then the Defendant or Defendants shall recover full Costs, and have such Remedy for recovering the same as any Defendant hath for Costs of Suit in any other Cases by Law.

XLIII. And be it enacted, That all pecuniary Penalties and Forfeitures which shall be recovered for any Offences against this Act, or any Bye Law or Regulation established under the less otherwise Authority hereof, shall, unless the Application thereof be herein applied. or therein or otherwise directed, be paid to some Officer on behalf of the Coalwhippers Office, and shall be applied in aid of the Fund established by this Act; and that the Enactments contained in an Act passed in the Second and Third Years of the Reign of 2 & 3 Vict. c. 71. Her present Majesty, intituled An Act for regulating the Police Courts in the Metropolis, with respect to the Application of Penalties and Forfeitures, shall not extend to any Penalties or Forfeitures recovered under this Act.

XLIV. And

VII.

Coalwhippers

Fund.

XLIV. And in reference to the Monies to be received under or by the Authority of this Act, be it enacted, That all Monies which shall arise from the Deduction out of the Wages of Coalwhippers by this Act authorized to be made, and from the Fees or Monies rePayment for their Registration and for renewed Certificates to ceived under them delivered and the pecuniary Penalties and Forfeitures which the Act to be shall be recovered under this Act, and the Monies which shall paid into the remain (after Payment of all Expences) from the Produce of the Chamber of the City, and Sale of any Materials or Hereditaments sold under this Act, or to constitute a from the Hire of Tackle and the Rent of any Hereditaments let Fund. under this Act, shall be paid into the Chamber of the City of London, and shall be carried to the Account of the said Commissioners, and shall be and constitute the Coalwhippers Fund;

and the 'said Monies in such Fund shall be appropriated and Appropriation applied by the Order of the said Commissioners in Writing, of the Fund. signed by any Three or more of the said Commissioners, in the Order, Course, and Manner herein-after mentioned; (that is to say,) firstly, in defraying the Expences of or incident to the passing of this Act; secondly, in paying to the said Commissioners appointed or to be appointed under this Act, for their Attendance, such Sum or Sums of Money as the said Lords of the said Committee of Her Majesty's Privy Council may from Time to Time direct, not exceeding in the whole in any One Year the Sum of Two hundred and fifty Pounds; thirdly, in defraying the Salaries and Allowances of the Officers and Servants appointed under the Authority of this Act, the Rent, Repairs, Taxes, Interest, or Principal Money borrowed, and other current and incidental Expences of the Registrar, and the Offices and Stations to be established under the Provisions or Authority of this Act, or otherwise to be incurred in carrying this Act into execution; fourthly, in the Discharge of any Principal Money which shall have been raised on the Credit of the Coal Duty of One Penny per Ton for the Purposes of the said recited Act of the Sixth and Seventh Years of the Reign of Her present Majesty, or in refunding to the Stock or Fund created by the said first hereinbefore mentioned Act the Amount of any Principal Monies and Interest which shall have been so raised, and shall have been paid off and discharged by the said Duty; and the Residue, if any, shall be held over as a Balance of Account, or, if the Commissioners shall think fit, shall be invested in the Purchase of Stock in some of the Public Stocks or Funds, or upon Government or Real Securities, at Interest, in the Names of the Commissioners for the Time being, and shall from Time to Time be applied as the Commissioners shall think fit in diminution of the Deduction herein-before authorized to be made from the Hire or Wages of the Coalwhippers: Provided always, that all Monies which shall have accumulated at the Time of the Commencement of this Act, and shall then be in the Chamber of the City of London or otherwise to the Credit of the Coalwhippers Fund, shall be applied in the same Manner as if the same had been received under the Authority of this Act.

XLV. And be it enacted, That there shall be provided and kept One or more Book or Books in which all the Monies which shall be received and paid by virtue of this Act shall be entered

Account to be kept, and Statefore Parliament and yearly.

ment laid be.

VIII. Miscellaneous.

Limits of the Port of London.

For staying certain Actions.

and set down, with the Dates, Occupations, and Particulars of such Receipts and Payments; and the said Commissioners shall in each and every Year lay before both Houses of Parliament, within Six Weeks after the Time of their meeting, an Account of the Sums received and paid under the several Heads of Receipt and Payment herein-before enumerated.

XLVI. And be it enacted, That for the Purposes of this Act the Limits of the Port of London shall be considered to be so much of the Port of London, not higher than London Bridge, and not lower than Gravesend in the County of Kent, as shall be fixed from Time to Time by the said Commissioners; and that this Act and the Provisions thereof shall extend to Coals laden, transhipped, or reshipped in the said Port by the Process of whipping, as well as to Coals unladen therein by that Process; and the Term "whipping" shall be construed to mean the discharging of Coal from a Vessel by raising the Coal from the Hold in a Basket or Box by manual Labour only, with the Aid of Ropes and a Pulley, and shall include not only the Persons who so raise the Coal, but also those who fill and empty the Basket or Box so raised; and that the Word "Gang" shall be construed to mean not only a complete Gang, consisting of Nine Coalwhippers, but also a Portion of a Gang when the Services of a Portion of a Gang are required.

XLVII. And be it enacted, That no Action, Bill, Plaint, or Information for any Fine, Penalty, or Forfeiture imposed by the aforesaid Act of the First and Second Years of the Reign of His late Majesty King William the Fourth, or the aforesaid Act of the First and Second Years of the Reign of Her present Majesty, for not inserting in the Fitters Certificate the Day of the Month and Year of the Loading, or the usual Names of the several and respective Collieries out of which the Coals should be wrought and gotten, or the Price paid for the same, shall be commenced, or, if now or hereafter commenced, shall be prosecuted or carried on, by any common Informer, or by any other Person, except the Solicitor of the Corporation of London, or some Person interested in such Certificate, without the Consent in Writing of some Judge of one of the Superior Courts at Westminster; and that immediately from and after the passing of this Act it shall be lawful for any Person or Persons against whom any Action, Bill, Plaint, or Information shall have been or may be sued out, commenced, or prosecuted for the Recovery of any such pecuniary Penalty or Penalties incurred under the said Acts or either of them, except as aforesaid, without such Consent in Writing as aforesaid, to apply to the Court in which such Action, Bill, Plaint, or Information shall have been or may be sued out, commenced, or prosecuted, or to any Judge of any of the Superior Courts at Westminster, for an Order that such Action, Bill, Plaint, or Information shall be discontinued upon Payment of the Costs thereof incurred to the Time of such Application being made, such Costs to be taxed according to the Form of such Court; and every such Court and Judge is hereby authorized and required, upon such Application, to make such Order as aforesaid; and upon the making such Order and Payment or Tender of such Costs as aforesaid, such Action, Bill, Plaint, or Information shall be forth

with discontinued: Provided always, that if it shall appear to the Satisfaction of the said Court or Judge, by Affidavit or otherwise, that any Penalty or Penalties sought to be recovered in any such Action, Bill, Plaint, or Information has or have been incurred by the Fraud of the Defendant or Defendants in such Action, Bill, Plaint, or Information, then and in every such Case it shall be lawful for such Court or Judge to refuse to make such Order as to such Penalty or Penalties, and thereupon to make such other Order as the said Court or Judge shall deem expedient.

VIII.

Miscellaneous.

XLVIII. And be it enacted, That this Act shall be deemed a Public Act. Public Act, and shall be judicially taken notice of as such.

XLIX. And be it enacted, That this Act, and the Provisions Commenceherein contained, shall take effect from and immediately after the ment and ConEnd of this present Session of Parliament, and not before, and tinuance of shall continue and be in force until the First Day of January One thousand eight hundred and fifty-one, and to the End of the then next Session of Parliament.

Act.

L. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in the present Session of amended, &c. Parliament.

CA P. XXXVII.

An Act to amend the Laws relating to the Office of Coroner and the Expences of Inquests in Ireland.

[27th July 1846.] WHEREAS it is expedient to amend the Laws now in

force in Ireland relating to the Election, Qualification, and Payment of Coroners, and to the Proceedings at Coroners Inquests, and to the Payment of Expences at such Inquests: 'And whereas it is expedient that the several Acts and Parts of 'Acts herein-after mentioned, relating to the several Matters and Things aforesaid, should be repealed:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Commencement of this Act the several Acts and Parts of Acts herein-after mentioned, specified, and set forth shall cease and determine, and shall, except only so far as is herein-after excepted and provided for, be repealed; (that is to say,) an Act passed in the First Year of the Reign of His Parts of Acts late Majesty King George the Fourth, intituled An Act to repeal repealed; viz. an Act made in the Fifteenth Year of the Reign of His late Ma- 1 G. 4. c. 28. jesty, for regulating the Fees of Coroners in Ireland upon holding Inquisitions; and to make other Provisions for that Purpose; an Act passed in the Third Year of His said late Majesty, intituled

From and after Commencement of this Act the following Acts and

An Act to regulate the Qualification of Persons holding the Office 3 G. 4. c. 115. of Coroner in Ireland; so much of an Act passed in the Fourth

Year of His said late Majesty, intituled An Act to regulate the 4 G. 4. c. 43. Amount of Presentments by Grand Juries for Payment of the public Officers of the several Counties in Ireland, as relates to the Payment of Coroners; so much of an Act passed in the Fifth Year of His said late Majesty, intituled An Act to amend the Acts 5 G. 4. c. 93. of the last Session of Parliament, relating to Presentments by

9 & 10 VICT.