« 이전계속 »
And be it enacted, that on the first or second day of each month the clerk of each board of examiners shall make out a list of the names and addresses of all persons who during the preceding month shall have obtained certificates of qualification or exemption, stating in such list the description and class of certificate obtained by each person, and shall forward such list to the secretary of the London board, who shall cause the same to be recorded, together with a similar list to be made out by the clerk of the London board ; and from the list so forwarded and recorded, the secretary of the London board shall cause a complete list to be made out of the names and addresses of all the persons who during the preceding month shall have obtained certificates of qualification or exemption at any of the said boards, with the description and class of certificate obtained by each, and shall without delay cause a copy of the last mentioned list to be forwarded to the clerk of each of the other boards, by whom it shall be recorded.
Application of the Fees, &c. And be it enacted, that the amount of all fees, fines, and forfeitures which shall be paid to any such board of examiners shall be applied as follows: (that is to say) on the thirty-first of March, the thirtieth of June, the thirtieth of September, and the thirty-first of December in each year, an account of the particulars and total amount of the fines, fees, and forfeitures paid to the use of the board during the preceding three months shall be made out by the clerk of each board (including the London board), and one-fourth of such amount shall forthwith be paid to the secretary of the London board, to be applied in manner hereinafter mentioned ; and out of the remaining three-fourths, all expenses incurred on account of the board during the three months then expired shall be defrayed, and the surplus shall be divided into twenty equal parts; whereof six parts shall be paid to the chairman, not being the principal examiner, five parts to each of the other members of the board, and four parts to the clerk; such several payments to be by way of quarterly salary to the said examiners and clerks; and as to the one-fourth part of the said monies hereinbefore directed to be paid to the secretary of the London board, the same shall be applied, in the first place, in payment of all contingent expenses not hereinbefore provided for, and the surplus thereof shall be applied quarterly in payment of the salaries of the principal examiner and secretary, in such proportions as the lords of the said committee of council shall think fit.
And be it enacted, that the sum of 4,0001. be granted annually to augment the salaries of persons employed under this act, in such proportions as the committee of privy council aforesaid shall from time to time determine.
Prohibition of Servitude without Certificates. And be it enacted, that from and after the expiration of six calendar months from the passing of this act, it shall not be lawful for any person to serve as master or chief mate of any British vessel for the time being employed in trading over sea, or of any British vessel above fifty tons burthen for the time being employed in the coasting trade, unless he shall have obtained a certificate of qualification for the office of master (in case he shall be serving as master), or of master or chief mate (in case he shall be serving as chief mate), or unless he shall have obtained a certificate of exemption, or unless he shall be specially exempt from the operation of this act, under the provisions herein contained.
And be it enacted, that from and after the expiration of six calendar months from the passing of this act, no British vessel of above fifty tons register tonnage shall be allowed to clear out at any port in the British empire for any coasting voyage, and no British vessel whatever shall be allowed to clear out at any port in the British empire for any over-sea voyage, until the master of such vessel shall have exhibited to the collector or controller of the customs at such port, a proper certificate of qualification, entitling him to serve as master (and which shall be a first-class certificate, or an over-sea cer. tificate, if the vessel is about to clear out for an over sea voyage,) or a proper certificate of exemption, or shall have satisfactorily shown that he is specially exempt from the operation of this act under the provisions herein contained'; nor until he shall also have exhibited to such collector or controllor a proper certificate of qualification for his chief mate engaged to serve on such voyage, entitling him to serve as chief mate (and which shall be a first-class certificate, or an over-sea certificate, if the vessel is about to clear out for an over-sea voyage,) cr a proper certificate of exemption for such chief mate, or otherwise shall have delivered to such collector or controller a declaration in writing, signed by such master, certifying that such chief mate is duly qualified or exempt, according to the provisions herein contained; and all collectors and controllers of the customs at all ports in the British empire are hereby required not to permit any vessel to clear out from the port for which they act until the provision of this act shall have been complied with.
Provision for the case of Death, 8c. Provided nevertheless, and be it enacted, that in case the master or chief mate of any vessel, not being at the time in any port of Great Britain or Ireland, shall die, resign his appointment, leave his ship, be removed, or otherwise become unable, or decline or cease to perform the duties of his office, it shall be lawful for any person to act as master or chief mate in his place until the vessel shall next clear out at some port in Great Britain or Ireland, notwithstanding that the person so acting as master or chief mate shall not have obtained a sufficient certificate of qualification or exemption.
Penalties. And be it enacted, that every person shall be liable to a penalty of fifty pounds who shall commit any of the following offences; (that is to say)
Every person who shall forge or counterfeit, or cause or procure to be forged or counterfeited or resembled, any certificate of qualification or exemption.
Every master or chief mate who shall knowingly, and without lawful excuse, hare or be possessed of such forged or counterfeit certificate, knowing the same to be forged.
Every master or chief mate who shall transfer or lend any certificate of qualification or exemption, or permit any other person to make use of the same (except as by this act directed).
Every person who shall borrow or make use of any certificate of qualification or exemption which shall have been granted to another person (except as by this act directed).
Every person who shall untruly, and with intent to deceive, represent himself to have obtained a certificate of qualification or exemption, or having obtained a certificate of one of the aforesaid classes of descriptions, shall untruly, and with intent to deceive, represent himself to have obtained a certificate of a different class or description.
Every person who after the expiration of six calendar months from the passing of this act (not being specially exempt from the operation of this act under the provisions herein contained,) shall serve as master or chief mate of any British Fessel tor the time being employed in trading over sea, or of any British vessel of above fifty tons burthen for the time being employed in the coasting trade, without having obtained a certificate of qualification for the office of master in case he shall be serving as master), or of master or chief mate (in case he shall be serving as chief mate), or a certificate of exemption.
Every master who shall after the expiration of six calendar months from the passing of this act, contrary to the provisions herein contained, clear out from any custom-house or port in the British empire, without having exhibited to the collector or controller of the customs, at such port, his certificate of qualification or exemption, and likewise his chief mate's certificate of qualification or exemption, or otherwise his own declaration of the qualification or exemption of ENLARGED SERIES:NO. 3.-VOL. FOR 1843.
such male, in manner hereinbefore provided, unless in any case hereinbefore specially provided for.
Every collector or controller of the customs at any custom-house or port in the British empire who shall knowingly permit any British vessel to clear out contrary to the provisions hereinbefore contained.
Power to make By-Laws. And be it enacted, that it shall be lawful for the lords of the said committee of privy council (subject to the provisions herein contained) to superintend, direct, and control the proceedings of the principal examiner and the secretary, and the several boards of examiners and their clerks, and from time to time to make, alter, and rescind such by-laws, rules, orders, regulations, and ordinances (not being at variance with any of the provisions herein contained) as to them shall seem fit, and thereby to impose such penalties (not exceeding fifty pounds for each offence) and for such offences as to them shall seem fit: Provided, that no such by-law, rule, order, or regulation, or ordinance shall be of any effect until six months after the same shall have been advertised in the London, Dublin, and Edinburgh Gazettes.
And be it enacted, that the production of a written or printed copy of any by-law, duly authenticated by the signatures of the principal examiner and the secretary, shall be evidence of the existence and due making of such by-law, and of the same having been advertised in the London, Dublin, and Edinburgh Gazettes, and of the date of such advertisement in such Gazettes, if stated in such copy, without adducing proof of such signatures, or either of them.
Penalties to be summarily recovered. And for the purpose of providing for the recovery of penalties or forfeitures imposed by this act, or to be imposed by any by-law made in pursuance thereof; be it enacted, that every such penalty or forfeiture may be recovered by summary proceeding, upon complaint made before two or more justices; and on the complaint being made to any such justice, he shall issue a summons, requiring the party complained against to appear on a day and 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 at his visual place of abode ; and either upon the appearance, or upon the default to appear of the party offending, it shall be lawful for any two or more justices to proceed to the hearing of the complaint; and that although no information in writing or in print shall have been exhibited before them, 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 any two or more justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such cost attending the conviction, as such justices shall think fit.
And be it enacted, that if forthwith, upon any such 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, together with the cost of the distress, shall be levied by distress, and any two justices shall issue their warrant of distress accordingly.
And be it enacted, that it shall be lawful for the said justices 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 such justices for his appearance before them 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 said justices, by the admission of the offender or otherwise, that no sufficient distress can be had wheron to levy such penalty or forfeiture and costs, they may, if they think fit,
refrain from issuing such warrant of distress, 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 justices, then such justices 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.
And with respect to the application of any penalties or forfeiture recovered by virtue of this act; be it enacted, that the justices by whom any such penalty or forfeiture shall be imposed, shall award one-half thereof to the inforiner, and the other half shall be paid to the clerk of the nearest board, and shall be distributed and divided in manner hereinbefore provided.
And be it enacted, that no person shall be liable to the payment of any penalty or forfeiture imposed by this act, or to be imposed by any by-law made in pursuance thereof, unless the complaint respecting such offence shall have been made before such justice within six months next after the commission of such offence, or (in case the offence shall have been committed out of Great Britain and Ireland) within six calendar months next after the party commiting the same shall have arrived in any part of Great Britain or Ireland next after the commission thereof.
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 who shall be summoned as a witness before any justice touching any offence committed against this act, or against any by-law made in pursuance thereof, or any matter in which such justice shall have jurisa. diction by the provisions of this act, 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 upon oath, or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence.
And be it enacted, that the justices before whom any person shall be convicted of any offence against this act, or against any bye-law made in pursuance thereof, may cause the conviction to be drawn up according to the form to this act annexed.
And be it enacted, that no proceeding in pursuance of this act shall be quashed or vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the superior courts.
And be it enacted, that where in this act any sum of money, whether in the nature of penalty or otherwise, is 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 cbettels, 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.
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, award 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.
And be it enacted, that if any person shall think hiinself aggrieved by any determination or adjudication of any justice under the provisions of the act, he may appeal to the general quarter sessions for the county 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, and 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, and unless the appellant forth with, after such notice, enter into recognizances, with two sufficient sureties, before a justice conditioned duly to prosecute such appeal, and abide the order of the court theron.
And be it enacted, that at the quarter sessions for which such notice shall the 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; 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 appellent, or levied by distress upon his goods, to be returned to him, and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable.
Interpretation Clause, fc. And be it enacted, that in this act the following words and expressions shall have the several meanings hereby assigned to them, unless there is something in the subject or context repugnant to such construction ; (that is to say)
Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number;
The word “ month" shall mean calendar month;
The expression “superior courts" shall mean her Majesty's superior courts of record at Westminster, Dublin, and Edinburgh:
The word "oath" shall include affirmation in case of Quakers, or others, declaration or solemnity lawfully substituted for an oath in the case of other persons exempted by law from the necessity of taking an oath.
The word "justice" shall mean justice of the peace for the county, city, liberty, or place where the matter requiring the cognizance of any justice shall arise, and who shall not be interested in the matter.
And be it enacted, that this act may be altered or repealed by any act to be passed in this session of parliament.
RECORDS OF Wrecks.
We expressed an opinion in our last number, that we should in all probability, lay before our readers, a Table of Wrecks, in our present pages, similar to that which it contained. The gales of the middle of January have unhappily too fully verified our expectation, indeed the mass of havoc and destruction presented in our table in the adjacent pages almost exceeds it. As we have already said, we are so accustomed to this kind of employment;— that of registering (as far as we can obtain them,) year after year, the wrecks of our unfortunate merchant shipping, and so often have deplored their necessity, (for so we presume it must be, as year after year they continue,) that we are in a manner accustomed to them, and look on them as things of course.
Over and over again have their causes been pointed out in these pages; and over and over again they recur. We well remember in our inexperience of these matters the feelings of horror they occasioned ; feelings which called forth the bitter expressions of our indignation, that such things should be. But all that has worn away! We have grown wiser! have lived to learn that such things must be, and while in sorrow we have recorded them, have joined with others in the transitory breath of lamentation which they have occasioned.
But were we asked to state a few general reasons why so many wrecks of our merchant shipping occur, we should briefly reply,—from bad ships, -badly commanded, -badly manned,--and badly found. We do not assert these to be