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noon of the following day, the deposit (if any shall have been paid) shall thereupon be returned by such fitter, vendor, or agent to such owner, or agent, or master, or any person demanding the same on behalf of such owner of ship or vessel; and such ship or vessel shall be immediately erased from the list of such fitter, vendor, or agent, as aforesaid. § 19.

If accidents happen to collieries, the filter to give notice, &c.— Provided always, that if any accident shall happen to any colliery, by which the loading of any ship or vessel shall be delayed, the fitter, vendor, or agent, having the vending or loading of the coals of such colliery, shall, within twenty-four hours after receiving intelligence of such accident, give notice in writing to the master, or some owner or owners of the ship then entitled to the turn, or his, her, or their agent, of the same accident, and shall also attach a general notice of such accident to the list, so to be kept in his office as aforesaid, upon pain of forfeiting and paying one hundred pounds for neglecting to give or attach such notice as aforesaid; and thereupon the master, mate, owner, or owners, of the ship which may have been entered, and be then entitled to the turn of those coals, or his, her, or their agent, shall be at liberty to take off his or her vessel from the list within twenty-four hours after the delivery of such notice, but not afterwards; and the deposit (if any shall have been paid) shall thereupon be returned to the master, or some owner or owners, or agent of such master or owner. § 20.

Ship wrecked after being entered, notice to be sent by owner, &c.— Provided also, that if any ship or vessel shall be wrecked or abandoned within the limits aforesaid, after the same shall have been entered for a turn of coals, the master, mate, or owner, or his, her or their agent, shall, within forty-eight hours after such wreck or abandonment shall happen, send a notice in writing of the loss to the office of the fitter, vendor, or agent, where the ship or vessel shall have been entered; and the same shall be thereupon erased from the list, and the owners or owner of every such ship or vessel, in respect of which such notice shall not be given as aforesaid, shall forfeit and pay twenty pounds: provided always, that any deposit which shall have been made, shall go as part or in payment of such. penalty. § 21.

Ship receiving injury, owner may contract with another, &c.-Provided also, that when any ship or vessel shall receive any injury after being laden in whole or in part, so as to require the cargo to be taken out, it shall be lawful for the master, owners, or owner, or his, her, or their agent, to contract with the master, owners, or owner, or his, her, or their agent, of any ship which may be entered on the same, or on any other list, to take the coals on board from the ship so injured; but in any such case the master, owners, or owner of such ship or vessel shall be, continue, and remain accountable to the fitter, vendor, or agent, in whose office such ship or vessel was entered, (if required by such fitter, vendor, or agent,) for the amount of the value of the cargo; and if any deposit shall have been paid, the same may be retained in part discharge of such value; and if the ship or vessel so taking the cargo on board from such injured ship or vessel as last mentioned, shall require more coals to complete the loading, the fitter, vendor, or, agent, in whose office the injured ship shall have been entered, shall complete the loading of the ship so taking the cargo as aforesaid, in preference to all others on the same list, not

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withstanding such ship shall not originally have been entered in the list of such fitter, vendor, or agent; and if the ship or vessel taking such coals on board from any injured ship or vessel shall have been entered on any list for a turn of coals at any other office, the master, owners, or owner, or his, her, or their agent, shall, within twenty-four hours after receiving any part of the coals from such injured ship or vessel, give notice in writing at the office of the fitter, vendor, or agent, where the ship or vessel taking on board the cargo shall have been entered, and thereupon such last mentioned ship shall be immediately erased from the list, and the deposit (if any shall have been made) shall he returned to the master, owners, or owner, of such last mentioned ship, or his, her, or their agent. § 22.

Ships not ready at their turn, fitter, &c. may load the next.-And if any ship or vessel, entered on any list for a loading under the provisions of this act, shall not be ready to take the coals when entitled thereto by the provisions of this act, it shall be lawful for the fitter, vendor, or agent, in whose list such ship or vessel shall be entered, to begin to load the ship or vessel next in turn; and if such last mentioned ship or vessel shall have taken in one-third part of its cargo before the ship or vessel so first entitled to the turn shall be in readiness to receive coals, the fitter, vendor, or agent, shall complete the loading of the ship or vessel so having one-third part of its cargo, in preference to the ship or vessel so previously entered, or any other ship or vessel previously entered upon the list; and the ship or vessel so having lost the preference, shall be entitled to load next after the ship or vessel which shall be loading at the time of the ship or vessel first entered being ready to load. § 23.

Ships on spout lists, not ready, the fitter, &c. may load the next.Provided always, that in case any ship or vessel, entered upon any spout list, shall not be ready to take the coals when entitled thereto by the provisions of this act, it shall be lawful for the fitter, vendor, or agent, upon whose spout list such ship or vessel shall be entered, to begin to load the ship or vessel next in turn upon such spout list; and if such last mentioned ship shall have taken in any part of its cargo before the ship so first entitled to the turn shall be in readiness to receive coals, then the fitter, vendor, or agent, shall fully complete the loading of the ship or vessel so having taken in part of its cargo, in preference to the ship or vessel which was so previously entered and entitled to such turn as aforesaid. § 24.

Ships prevented receiving by frost, &c. may be taken off the list.— And if any ship or vessel shall, after the same shall have been entered, and be entitled to a turn of coals, and ready to receive the same by the provisions of this act, be prevented from receiving any part of the cargo either by frost or any other unavoidable accident, that then, and in such case, the owner, master, or agent of the owner of such ship or vessel, shall be at liberty to take off his or her ship or vessel from the list within twenty-four hours after he or she shall receive intelligence of the detention of the coals, and the deposit, (if any shall have been paid) shall be thereupon returned to such owner, master, or agent; and if such ship or vessel shall have received any part of its cargo previous to its detention, it shall be lawful for the owner or master, or the agent of such owner, on payment to the fitter, vendor, or agent, of the amount of the value of the coals which shall have been put on board such ship, with the expenses attending the same, to complete the loading of such ship or vessel, at the office of any other fitter, vendor, or agent. § 25.

Power to send shifting keels to two ships, not exceeding four keels.— Provided always, that it shall be lawful for any fitter, vendor, or agent, whilst any ship in turn is actually loading, to send to any other two ships, (but not more,) for loading such coals, any number of keels not exceeding four keels for each ship or vessel, as shifting keels, for preparing such ship or vessel for taking in a cargo, so as such ships so actually loading shall not otherwise than is hereinbefore provided be delayed or interfered with in receiving the full cargo. § 26.

Owners, &c. to give notice previous to going in and coming out of dock.-Previous to any ship or vessel going into dock for repair, the master, owners, or owner thereof, or his or their agent, shall give forty-eight hours' notice in writing at the office of the fitter, vendor, or agent where such ship shall have been entered for a turn of coals, of her going into dock, and shall also give seven days' notice in writ ing at the least, previous to the ship coming out of the dock; but if the ship is likely to be detained a longer time, then to give a further notice of seven days, so as full seven days' notice shall be given previous to such ship coming out of dock, or in default thereof shall forfeit the turn to which such ship shall be then entitled. § 27.

Notice to be given of a ship's being laid up.-And previous to any ship or vessel being laid up in the winter, the master, owners, or owner thereof, or his or their agent, shall give forty-eight hours' notice in writing, at the office of the fitter, vendor, or agent where such ship shall have been entered for a turn of coals, of his or their intention to lay up the same ship, and shall also give seven days' notice, at the least, previous to commencing to fit out such ship; but if the ship is likely to be laid up for a longer period, then such master, owner or owners, shall give a further notice of seven days at the least, so as that full seven days' notice shall be given previous to any such ship being ready to receive her cargo; or in default thereof shall forfeit the turn to which such ship shall be entitled. § 28.

Penalty for false representation to obtain turns.—And every person who shall make a false representation in order to obtain a turn for coals, and every fitter, vendor, or agent, master, mate, or owner, and other person who shall be privy to, and aiding, or in any manner assisting in such deceit, and every person who shall fraudulently alter the number or date of any night-office ticket to be granted as aforesaid, with intent thereby to obtain a turn for coals, or shall be privy thereto, shall forfeit and pay for every such offence, any sum not exceeding the sum of thirty pounds, one moiety whereof shall go to the person who shall inform and prosecute for the same, and the other moiety thereof to the treasurer for the time being of the infirmary at Newcastle aforesaid, to be applied for the purposes of that institution. § 29.

For recovery of penalties.-All complaints and informations of and for offences against this act, or any rule, order, or by-law, to be made in pursuance thereof, except in cases where the manner of hearing and determining thereof is herein-before otherwise directed, shall be made before one or more justice or justices of the peace for the town and county of Newcastle-upon-Tyne, or for the counties of Northumberland or Durham, and such justice or justices is and are hereby authorized and empowered to take cognizance thereof, and to summon the person or persons complained of to appear before him or them, or upon complaint upon oath to issue his or their warrant or warrants for the apprehension of any such person or persons, and upon appearing or not appearing of such person or persons pursuant to such summons,

or upon such person or persons being apprehended with such warrant, to hear the matter of every such complaint and information by examin ation of any witness or witnesses upon oath, and to make such determination thereon as such justice or justices shall think proper; and .: upon conviction of any person, such justice or justices shall and may issue a warrant under his or their hand and seal, or hands and seals, for levying the fine, penalty, or forfeiture, by virtue of this act or of any by-law made in pursuance thereof, imposed for such offence, by distress and sale of the goods and chattels of the person so convicted, and it shall and may be lawful for any such justice or justices to order any person so convicted to be detained and kept in the custody of any constable or other peace officer, until it can be ascertained whether such person hath any goods and chattels whereon such fine, penalty, or forfeiture can be levied; and in case sufficient goods or chattels of any person liable to pay any such fine, penalty, or forfeiture, cannot be found whereon to make such distress, and such fine, penalty, or forfeiture, shall not be forthwith paid, or in case it shall appear to the satisfaction of such justice, either by the confession of the offender or offenders, or otherwise, that the offender or offenders hath or have not sufficient goods and chattels whereon such penalties, forfeitures, fines, costs, and charges, may be levied, were a warrant of distress issued, such justice shall not be required to issue such warrant of distress, and thereupon it shall be lawful for such justice or justices, and he or they is and are hereby authorized and required, by warrant under his or their hand and seal, or hands and seals, to commit such offender to the common gaol or house of correction for any term not exceeding three calendar months, unless such penalty or forfeiture, and all reasonable charges attending the recovery thereof, shall be sooner paid and satisfied; and all such fines, penalties, and forfeitures, when recovered, shall, where the application is not otherwise directed by this act, be paid into the hands of the treasurer or treasurers of the said commissioners for the purposes of this act, and the overplus (if any) arising from such distress and sale, after payment of the penalty, and the costs and charges attending the same, shall be returned upon demand to the owner of the goods and chattels so distrained. §30.

For compelling witnesses to attend.-If any person or persons who shall be summoned as a witness or witnesses to attend and give evidence before any justice of the peace, touching any matter of fact contained in the information or complaint for any offence committed against this act, either on the part of the prosecutor or the person or persons accused, shall refuse or neglect to appear at the time and place to be for that purpose appointed, having been paid or tendered a reasonable sum for his, her, or their costs and charges, (without a reasonable excuse for his, her, or their refusal or neglect,) or appearing, shall refuse to be examined upon oath, (or in case of a Quaker or Quakers, on solemn affirmation,) and to give evidence before such justice of the peace, then and in either of the said cases, every such person shall forfeit and pay for every such offence any sum not exceeding five pounds, to be recovered in like manner as any penalty imposed by this act may be recovered. § 31.

Conviction. And for the more easy conviction of offenders, the justices of the peace or magistrates, before whom any person or persons shall be convicted of any offence against this act, shall and may cause the conviction to be drawn up in the following form of words, or in other words to the same effect; videlicet,

BE it remembered, that on the

in the

day of
year of the

* to wit. reign of His Majesty King 4. B. is [or are] convicted ⚫ before of bis Majesty's justices of the peace, by virtue of act passed in the fifth year of the reign of his Majesty King George the Fourth, * intituled [here insert the title of this act, specifying the offence, and the time and * place when and where the same was committed, as the case shall be] contrary to the said act, for which offence we adjudge the said

to have forfeited the sum of

Given under our (er my]

‹ hands and seals [or hand and seal] the day and year above written.' § 32.

Appeal. But if any person or persons shall think himself, herself, or themselves aggrieved by any conviction in pursuance of this act, such person or persons shall and may appeal to the justices of the peace or magistrates assembled at any general quarter sessions of the peace, within the county, or town and county, in which the cause of appeal shall have arisen, within four months next after the cause of complaint shall have arisen, such appellant first giving or causing to be given seven days' notice at least in writing of his or her intention to bring such appeal, and of the matter thereof, to the justices of the peace before whom such person or persons shall have been convicted, and to the person or persons who is or are intended to be affected by such appeal, and within three days after such notice entering into a recognizance before some justice of the peace, with two sufficient sureties, conditioned to try such appeal, and to abide by such order as shall be made, and to pay such costs as shall be awarded by such justices at such quarter sessions; and the said justices at such quarter sessions, or at some adjournment thereof, shall and may summon the witnesses on both sides to come before them, and upon due proof of notice having been given, and of the entering into recognizance in manner herein-before mentioned, shall hear and finally determine the causes and matters of every such appeal in a summary way, and shall award such restitution, damages, and costs to the party or parties appealing or appealed against, not exceeding the amount of the penalty, charges, and expenses which shall have been actually recovered and received by any person or persons in pursuance of this act, together with the reasonable costs, charges, and expenses of prosecuting or defending such appeal, as the said justices shall think proper; and the determination of the said justices at such sessions or adjournment thereof shall be final, binding, and conclusive. § 33. All Orders not to be quashed for form. Provided also, that no order or other proceeding to be had or made before any justices of the peace, or any of them, in relation to the premises aforesaid, shall be quashed or vacated for want of form only; and where any distress shall be made for any sum or sums of money to be levied by virtue of this act, the distress itself shall not be deemed unlawful, nor 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, or warrant of distress, or other proceedings relative thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio on account of any irregularity which shall be afterwards done by the party or parties distraining, but the person or persons aggrieved by such irregularity shall and may recover special damages in an action on the case. § 34. Act not to extend to ships in King's service, &c.

Provided

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