Accidents and
Damages to
Steamers to be
reported to the
Board of Trade.

If Owner, &c. apprehend Loss of Steamer, No

tice to be sent to

Board of Trade.
Penalty for
Neglect.

In Cases of Ac-
cident Board
of Trade may
appoint Inspec-

tors to report.

Inspectors may
call for the
Production of
Evidence.

Declaration or Certificate, or the Signature to any such Declaration or Certificate, he shall be deemed to be guilty of a Misdemeanor. XIX. And be it enacted, That whenever any Steam Vessel shall have sustained or caused any serious Accident occasioning Loss of Life or Property, or received any material Damage affecting her Seaworthiness, either in her Hull or her Engine, by grounding or by Collision with any other Vessel, or by any other Means, the Master or other Person having the Charge of such Vessel shall, as soon as conveniently may be, transmit through the Post Office, by Letter addressed to the Lords of the Committee of Privy Council for Trade, and signed by such Master or other Person, a Report of such Accident or Damage, and the probable Occasion thereof, stating therein the Name of the Vessel, the Port to which she belongs, and the Place where she is, in order that the Lords of the said Committee may, if they think fit, investigate the Matter; and should the Owner or Owners of any Steam Vessel, from her Nonappearance or otherwise, have reason to apprehend that such Steam Vessel is wholly lost, he or they shall, as soon as conveniently may be, in like Manner send Notice thereof to the Lords of the said Committee; and every Owner, Master, or such other Person as aforesaid who shall neglect to send such Notice as hereby is required within a reasonable Time after any such Accident shall have happened, shall for every such Offence forfeit and pay a Sum not exceeding Fifty Pounds.

XX. And be it enacted, That whenever any Steam Vessel shall have sustained or caused any serious Accident occasioning Loss of Life or Property, or received any material Damage affecting her Seaworthiness, either in her Hull or her Engine, by grounding or by Collision with any other Vessel, or by any other Means, it shall be lawful for the Lords of the said Committee to appoint any proper Person or Persons as Inspector or Inspectors to inquire into and to report upon such Accident; and it shall be lawful for every Person so authorized at all reasonable Times, upon producing his Authority, if required, to go on board and inspect any such Steam Vessel and the Machinery thereof, and every Part thereof respectively, not detaining or delaying the Vessel from proceeding on her Voyage, and to make such Inquiries as to the Nature, Circumstances, and Causes of such Accident as he or they may think fit.

XXI. And be it enacted, That the said Inspectors or any of them shall be and they are hereby empowered, by Summons under their or his Hands or Hand, to require the Attendance of all such Persons as they or he shall think fit to call before them or him upon any Question or Matter connected with or relating to the Execution of any of the Powers and Duties vested by this Act in the said Inspectors, and also to make Inquiries and to require Answers or Returns thereto in relation to any such Matters, and for the Purpose aforesaid to administer Oaths, and to examine all Persons upon Oath, and to require and enforce the Production upon Oath of all Log Books, Accounts, Agreements, or other Papers or Writings in anywise relating to every such Matter as aforesaid, or, in lieu of requiring or administering an Oath, that the said Inspector or Inspectors may, if he or they think fit, require every such Person to make and subscribe a Declaration of the Truth

3

Witnesses.

Truth of the Matters respecting which he shall be or shall have been examined or interrogated: Provided always, that no such Proviso as to Person shall be required in obedience to any such Summons to Expences of travel more than Ten Miles from his actual Abode at the Time of receiving such Summons unless Tender shall be made to him of such reasonable Expences in respect of his Attendance to give Evidence, and his Journeys to and from the Place where he shall be required to attend for that Purpose, as would be allowed to any Witness attending on Subpoena to give Evidence before any of Her Majesty's Courts at Westminster, and in case of any Dispute as to the Amount of such Expences the same shall be referred by the Inspectors to One of the Masters of Her Majesty's Court of Queen's Bench, who is hereby required to ascertain and certify the proper Amount of such Expences on a Request made to him for that Purpose under the Hand or Hands of the said Inspector or Inspectors.

the Execution

XXII. And be it enacted, That if any Person shall wilfully Penalty for obstruct or impede such Inspector or Inspectors, or any of them, obstructing in the Execution of their Duty, whether on board any Ship or Inspectors in Vessel or elsewhere, every Person so offending, and all others of their Duty. aiding or assisting therein, shall and may be seized and detained by such Inspector or Inspectors, or any Person or Persons whom he or they may call to his or their Assistance, until such Offender or Offenders can be conveniently taken before some Justice of the Peace having Jurisdiction in the County or Place wherein such Offence shall be committed, and when convicted before such Justice as aforesaid (who is hereby authorized and required upon Complaint to him upon Oath to take cognizance thereof and to act summarily in the Premises) shall in the Discretion of such Justice forfeit any Sum not exceeding Five Pounds, and in default of Payment thereof shall and may be imprisoned for any Term not exceeding Two Calendar Months unless the Amount of the Penalty shall have been sooner discharged.

Two Justices.

XXIII. And be it enacted, That every Penalty or Forfeiture Penalties to be imposed by this Act may be recovered by summary Proceeding summarily rebefore Two Justices, and upon the exhibiting of any Information covered before in Writing before any Justice such Justice shall issue a Summons requiring the Party complained against to appear before Two Justices having Jurisdiction at a Time and Place to be named in such Summons; and every such Summons shall be served on the Party offending, either in Person or by leaving the same with some Inmate at his usual Place of Abode, or on board any Ship or Vessel to which such Person shall belong; and upon the Appearance of the Party complained against, or in his Absence after Proof of the due Service of such Summons, it shall be lawful for any Two Justices having Jurisdiction to proceed to the hearing of the Complaint, and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Justices to convict the Offender, and upon such Conviction to adjudge the Offender to pay such Penalty as may seem fit, and not greater than the Penalty or Forfeiture specified in this Act, as well as such Costs attending the Conviction as such Justices shall think fit.

Offences on the High Scas deemed to have been committed

at the Place into which the Offender is brought, or in which he is found.

Fenalties to be

tress.

XXIV. And be it enacted, That in case any Offence shall be committed upon the High Seas against this Act, or any Penalty or Forfeiture shall be incurred on the High Seas for any Breach of this Act, such Offence shall for the Purpose of Prosecution be deemed and taken to have been committed, and such Penalty or Forfeiture to have been incurred, at the Place on Land in the United Kingdom into which the Person committing such Offence, or incurring such Penalty or Forfeiture, shall be taken, brought, or carried, or in which such Person shall be found; and in case such Place or Land is situated within any City, Borough, Liberty, Division, Franchise, or Town Corporate, as well any Justice of the Peace for such City, Borough, Liberty, Division, Franchise, or Town Corporate, as any Justice of the Peace of the County within which such City, Borough, Liberty, Division, Franchise, or Town Corporate is situated, shall have Jurisdiction to hear and determine all Cases of Offences against this Act so committed on the High Seas, and to convict the Offender or Offenders in the Penalties or Forfeitures prescribed by this Act, any Charter or Act of Parliament to the contrary notwithstanding: Provided always, that where any Offence shall be committed, or any Penalty or Forfeiture incurred, in any Place upon the Water not being within any County of the United Kingdom, or where any Doubt exists as to the same being within any County, such Offence shall for the Purposes of this Act be deemed and taken to be an Offence committed on the High Seas: Provided also, that it shall and may be lawful for any Justice of the Peace whatsoever, on the exhibiting before him any Information in Writing for any Offence against this Act so committed or taken to have been committed on the High Seas as aforesaid, to issue a Summons, and such Justice of the Peace is hereby required to issue a Summons, for the Appearance of the Party against whom such Information in Writing shall have been exhibited; and such Summons directed to such Party being served as herein-before is ordered shall be deemed to have been sufficiently served.

XXV. And be it enacted, That if forthwith upon any such levied by Dis. Adjudication as aforesaid the Amount of the Penalty or Forfeiture, and of such Costs, as aforesaid, be not paid, the Amount of such Penalty and Costs shall be levied by Distress, and such Justices, or either of them, or any other Justice having Jurisdiction as aforesaid, shall issue their or his Warrant of Distress accordingly.

In default of
Distress Jus-

tices may com
mit the Offender

to Prison.

XXVI. And be it enacted, That it shall be lawful for any such Justice to order any Offender so convicted as aforesaid to be detained and kept in safe Custody until Return can be conveniently made to the Warrant of Distress to be issued for levying such Penalty or Forfeiture, and Costs, unless the Offender give sufficient Security, by way of Recognizance or otherwise, to the Satisfaction of the Justice, for his Appearance before him on the Day appointed for such Return, such Day not being more than Eight Days from the Time of taking such Security; but if before issuing such Warrant of Distress it shall appear to the Justice, by the Admission of the Offender or otherwise, that no sufficient Distress can be had within the Jurisdiction of such Justice whereon to levy such Penalty or Forfeiture, and Costs, he may, if he thinks fit, refrain from issuing such Warrant of Distress;

10

tress; and in such Case, or if such Warrant shall have been issued, and upon the Return thereof such Insufficiency as aforesaid shall be made to appear to the Justice, then such Justice shall by Warrant cause such Offender to be committed to Gaol, there to remain without Bail for any Term not exceeding Three Months, unless such Penalty or Forfeiture, and Costs, be sooner paid and satisfied.

XXVII. And be it enacted, That where in this Act any Sum Distress how to of Money, whether in the Nature of Penalty or otherwise, is be levied. directed to be levied by Distress, such Sum of Money shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same, and the Overplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money and the Expences of the Distress and Sale, shall be returned, on Demand, to the Party whose Goods shall have been distrained.

XXVIII. And be it enacted, That no Distress levied by virtue of this Act shall be deemed unlawful, nor shall any Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him; but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case.

Distress not unlawful for

Want of Form.

XXIX. And be it enacted, That all Penalties and Forfeitures Application of recovered under this Act shall be applied as follows; one Half Penalties. thereof shall be paid to the Person who shall sue or proceed for the same, and the other Half to Her Majesty's Use, and shall be paid to the Sheriff of the County, City, or Town where the same shall have been imposed, and shall have been duly accounted for by him; and that all Convictions before Justices, and all Fines, Forfeitures, or Penalties imposed in consequence of such Convictions, shall be returned to the Court of Quarter Sessions under the Provisions of an Act passed in the Third Year of His late Majesty King George the Fourth, intituled An Act for the more 3 G. 4. c. 46. speedy Return and levying of Fines, Penalties, and Forfeitures, and Recognizances estreated.

Board of Trade or Commis

sioners of Cus

XXX. And be it enacted, That no Indictment shall be pre. Indictments to ferred for any Offence against this Act unless under the Direction be preferred by of the Lords of the Committee of Privy Council for Trade, or of Direction of the the Commissioners of Her Majesty's Customs; and no Suit or Proceeding shall be commenced for the Recovery of any Penalty or Forfeiture for any such Offence unless in the Name of Her toms. Majesty's Attorney General for England or Ireland, or in the Name of the Lord Advocate of Scotland, or in the Name of some public Officer under the Direction of the Lords of the said Committee or of the said Commissioners respectively. XXXI. And be it enacted, That no Person shall be liable to Penalties to be the Payment of any Penalty or Forfeiture imposed by virtue of sued for within this Act for any Offence made cognizable before a Justice unless the Complaint respecting such Offence shall have been made before such Justice within Six Months next after the Commission of such Offence.

Six Months.

XXXII. And be it enacted, That it shall be lawful for any Justice to summon any Person to appear before him as a Witness in any Matter in which such Justice shall have Jurisdiction under the Provisions of this Act at a Time and Place mentioned in such Summons, and to administer to him an Oath to testify the Truth in such Matter; and if any Person so summoned shall without reasonable Excuse refuse or neglect to appear at the Time and Place appointed for that Purpose, having been paid or tendered a reasonable Sum for his Expences, or if any Person appearing shall refuse to be examined on Oath or to give Evidence before such Justice, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence.

XXXIII. And be it enacted, That no Warrant of Commitment consequent upon any summary Conviction under this Act shall be held void by reason of any Defect in such Warrant, provided it be therein alleged that the Party has been convicted, and there be a good and valid Conviction to sustain the same, nor shall any Conviction, Order, or other Proceeding in pursuance of this Act be quashed or vacated for Want of Form, nor shall the same be removed by Certiorari or otherwise into any of the Superior Courts.

XXXIV. And be it enacted, That if any Person shall think himself aggrieved by any Determination or Adjudication of any Justice with respect to any Penalty or Forfeiture under the Provisions of this Act, he may appeal to the General Quarter Sessions for the County or Place in which the Cause of Appeal shall have arisen; but no such Appeal shall be entertained unless it be made within Four Months next after the making of such Determination or Adjudication, nor unless Ten Days Notice in Writing of such Appeal, stating the Nature and Grounds thereof, be given to the Party against whom the Appeal shall be brought, nor unless the Appellant forthwith after such Notice enter into Recognizances, with Two sufficient Sureties, before a Justice, conditioned duly to prosecute such Appeal, and to abide the Order of the Court thereon.

XXXV. And be it enacted, That at the Quarter Sessions for which such Notice shall be given the Court shall proceed to hear and determine the Appeal in a summary Way, or they may, if they think fit, adjourn it to the following Sessions; and upon the hearing of such Appeal the Court may, if they think fit, mitigate any Penalty or Forfeiture, or they may confirm or quash the Adjudication, and order any Money paid by the Appellant, or levied by Distress upon his Goods, to be returned to him, and may also order such further Satisfaction to be made to the Party injured as they may judge reasonable, and they may make such Order concerning the Costs, both of the Adjudication and of the Appeal, as they may think reasonable.

XXXVI. And be it enacted, That nothing in this Act contained shall extend to any of Her Majesty's Ships of War, nor to any Vessel not being a British-registered Vessel.

XXXVII. And be it enacted, That nothing in this Act contained shall be construed as repealing or altering any of the Provisions of an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of Her present Majesty,

intituled