tories, conntries, islands, or places within the limits of the Charter of the said United Company, before such ship or vessel shall be admitted to entry, shall make out and exhibit to the principal officers of the customs, or other person thereunto lawfully authorized, a true and perfect list and description of every such Asiatic sailor Lascar or native aforesaid, which thall then be, or who during any part of her voyage shall have been on board such ship or vessel, with a true account and statement what shall have become of every such Asiatic sailor Lascar and native aforesaid, who may have been and shall not then be on board. XXVIII. And be it further enacted, That for every breach or nonobservance of any rule or regulation to be made in pursuance of this Act, in relation to Asiatic sailors Lascars or natives aforesaid, which shall have happened or taken place, and for every omission to make out and exhibit such list, description, account, or statement of and respecting all such Asiatic sailors Lascars or natives aforesaid, as herein is required, the master or commander and all and every the owners and owner of the ship or vessel on board which any such Asiatic sailor Lascar or native aforesaid shall be or shall have been, shall forfeit the sum of ten pounds for every Asiatic sailor Lascar or native aforesaid, in respect of whom such breach, non-observance, omission, or defect, shall have happened or taken place, to be recovered against the master commander and owners jointly or severally, by bill, plaint, information, or action, in any of His Majesty's courts of record in the United Kingdom of Great Britain and Ireland, or in the East Indies or elsewhere, to be commenced in the county or presidency or place where any such offender may happen to be, or by conviction in a summary way before two Justices of the Peace in the United Kingdom, or in the East Indies, of the county or presidency where any such offender may happen to be; and of which sum and sums so to be forfeited, one-third part thereof shall go belong and be paid to the person or persons who shall inform or sue for the same, and the other two-third parts thereof shall be paid to such person or persons as the court or Justices before whom the same shall be recovered shall award, to be applied in payment or reimbursement of any expence which may have been incurred by or for the use of the Asiatic sailor Lascar or native aforesaid, or the respective Asiatic sailors Lascars or natives aforesaid, in respect of whom such forfeiture or forfeitures shall have been recovered, or in such other manner, for his or their maintenance return home or benefit, as the court or Justices before whom the same shall be recovered shall direct. XXIX. And for the more easy and speedy conviction of the offenders under this Act, be it further enacted, That the Justices of the Peace before whom any person or persons shall be convicted of any offence under this Act, shall and may cause the conviction to be drawn up in the following form of words, or in any other form of words to the like effect, as the case may happen; videlicet, BE it remembered, That on the in the year of our Lord day of A. B. [the offender or offenders] is [or are] convicted before us, two of His Majesty's Justices of the Peace for [the county or presidency, as the " case may be] by virtue of an Act made in the fourth year of the reign of His Majesty King George the Fourth, intituled [setting forth the Title of this Act] of having [here state the offence or offences] which offence or offences, as the case may be] has, by confession of the offender [or offenders, or the oath of one or more credible witness or witnesses, as the case may be]; for which said offence [or offences, as the case may be] we do adjudge that the said offender [or offenders] hath [or have] forfeited and do pay the sum of [the amount forfeited]; one-third part whereof we do order and direct to be paid to [the Informer], and the other two-thirds thereof to C. D. and E. F. [such persons as the said "Justices shall direct] to be applied [in such manner as the case may require] 'pursuant to the provisions of the said Act. Given under our Hands and 'Seals the day and year first above written.' 221 (74) No. CXIX. 4 Geo. IV. c. 80. Recovery of Vagrancy to be bound to the Place from whence brought. Proceedings not to be quash ed for want of Form. Actions to be commenced within Three Months. Company to brought to this Trade, Navigation, XXX. And be it further enacted, That all sums of money of which any person shall be so convicted as aforesaid, shall and may be levied by distress and sale of the goods and chattels of the offender; and that for want of sufficient distress every such offender may be committed to prison in the common gaol or house of correction, for the space of three calendar months. XXXI. And whereas it may happen that Asiatic sailors Lascars and natives aforesaid, may refuse to accept the maintenance to be provided for them under the rules and regulations before referred to, or to return home in the ships or vessels which may be engaged for that purpose; be it therefore enacted, That if any such Asiatic sailor Lascar or native. aforesaid, shall at any time be convicted of any Act of vagrancy under any of the laws in force in the United Kingdom respecting vagrants, it shall and may be lawful to and for the Justice or Justices of Magistrates before whom such conviction shall take place, to order and direct that he shall be shipped on board any ship or vessel bound to the place, or as near as may be to the place to which he shall belong, or from which he shall have been brought, and the commander of which shall be willing to take charge of him in order to his being returned thereto, at the expence of the person or persons liable under any rule or regulation to be made as before mentioned, or of any other person being otherwise willing to defray the same; and it shall and may be lawful for the commander of any such ship or vessel having taking charge of such vagrant, and he is hereby required, to keep and detain him or board his ship for the voyage for which he shall be shipped. XXXII. Provided also, and be it further enacted, That no conviction order or proceeding to be made or had by or before any Justices of the Peace, or other Magistrate, by virtue of this Act, shall be quashed or vacated for want of form, and that the order of such Justices or other Magistrates shall be final, and that no proceedings of any such Justices or other Magistrates in pursuance of this Act shall be removable by Certiorari or otherwise. XXXIII. And be it further enacted, That if any action or suit shall be commenced against any person of persons for any thing done in pursuance of this Act, then and in every such case such action or suit shall be commenced or prosecuted within three months after the fact committed, and not afterwards; and the same and every such action or suit shall be brought in the county or place where the cause of action shall have arisen, and not elsewhere; and the defendant or defendants in every such action or suit shall and may plead the general issue, and at the trial thereof give this Act and the special matter in evidence; and if the matter or thing complained of shall appear to have been done under the authority and in execution of this Act, or if any such action or suit shall be brought after the time limited for bringing the same, or be brought and laid in any other county or place than as afore-mentioned, then the jury shall find for the defendant or defendants; and if the plaintiff shall become nonsuit, or discontinue his or her action after the defendant shall have appeared, or have a verdict against his or her, or if, upon demurrer, judgment shall be given against the plaintiff, the defendant shall and may recover treble costs, and have the like remedy for recovery thereof as any defendant or defendants hath or have in any cases of law. XXXIV. And be it further enacted, That if any Asiatic sailor Lascar or native of any of the territories, countries, islands, or places within the limits of the Charter of the said United Company, having been brought to the United Kingdom on board any ship or vessel not being a ship of war in the service of His Majesty, shall from and after the passing of this Act be found within the United Kingdom in distress for want of food clothing or other necessaries, it shall be lawful for the said United Company to supply necessary and reasonable relief to such persons, and to maintain them until they shall be sent on board some ship bound for some place within the limits aforesaid; and also to pay defray and advance the money necessary to procure such persons proper and sufficient passage to their homes or places from which they were brought; and all such sums as the said company shall pay for or on account of such relief or maintenance, or passage home, shall constitute and become a joint and several debt due to the said company from the commander, owner or owners of such ship, on board whereof such person or persons shall have been brought into the said United Kingdom, and shall be recoverable as so much money paid to and for the use of such owner or owners in any of the courts of the said United Kingdom, or in the East Indies, if the owner shall reside there, in which actions or suits for the recovery of debts may be sued or prosecuted; and in all such actions and suits, where the said company shall recover, they shall be entitled to receive full costs of suit. No. CXX. 4. Geo. IV. c. 83. [ No. CXX. ] 4 Geo. IV. c. 83.—An Act for the better Protection of the Property of Merchants and others, who may hereafter enter into Contracts or Agreements in relation to Goods Wares or Merchandizes intrusted to Factors or Agents.-[18th July 1823.] WHEREAS it has been found that the law, as it now stands, relating Persons in whose Names Goods shall be shipped, shall be deemed to be the true Owners, so as to entitle Consignees to a Lien thereon in respect of their Advances, or of Money or negociable Securities received by the Shippers to the Use of the Consignees, provided the Consignees have no notice that the Consignors are not the actual Proprietors of such Property. to goods shipped in the names of persons who are not the actual proprietors thereof, and to the deposit or pledge of goods, affords great facility to fraud, produces frequent litigation, and proves, in its effects, highly injurious to the interests of commerce in general; be it therefore enacted by the King'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 passing of this Act, any person or persons intrusted, for the purpose of sale, with any goods wares or merchandize, and by whom such goods wares or merchandize shall be shipped in his her or their own name or names, or in whose name or names any goods wares or merchandize shall be shipped by any other person or persons, shall be deemed and taken to be the true owner or owners thereof, so far as to entitle the consignee or consignees of such goods wares and merchandize to a lien thereon, in respect of any money or negociable security or securities advanced or given by such consignee or consignees to or for the use of the person or persons in whose name or names such goods wares or merchandize shall be shipped, or in respect of any money or negociable security or securities received by him her or them to the use of such consignee or consignees, in the like manner to all intents and purposes as if such person or persons was or were the true owner or owners of such goods wares and merchandize; provided such consignee or consignees shall not have notice, by the bill of lading for the delivery of such goods, wares, or merchandize, or otherwise, at or before the time of any advance of such money or negociable security, or of such receipt of money or negociable security, in respect of which such lien is claimed, that such person or persons so shipping in his her or their own name or names, or in whose name or names any goods wares or merchandize shall be shipped by any person or persons, is or are not the actual and bona fide owner or owners, proprietor or proprietors of such goods wares and merchandize so shipped as aforesaid, any law usage or custom to the contrary thereof in anywise notwithstanding: Provided also, that the person or persons in whose name or names any such goods wares or merchandize are so shipped as aforesaid, shall be taken for the purposes of this Act to have been intrusted therewith, unless the contrary thereof shall appear or be shewn in evidence by any person disputing such fact. II. And be it further enacted, That it shall be lawful to and for any Any Person person or persons, body or bodies politic or corporate, to accept and take may take Goods or Bill of Lading in Deposit from any Consignee; but such Person s all not acquire any further Right than the Consignee possessed. No. CXXI. 4 Geo. IV. c. 84. Right of the true Owner to while in the Hands of his Agent or of his Assignees in case of Bank ruptcy, or to recover them from Assignees, &c., upon paying his Ad vances secured any goods wares or merchandize, or the bill or bills of lading for the delivery thereof, in deposit or pledge, from any consignee or consignees thereof, but then and in that case such person or persons, body or bodies politic or corporate, shall acquire no further or other right, title, or interest, in or upon or to the said goods wares or merchandize, or any bill of lading for the delivery thereof, than was possessed, or could or might have been enforced by the said consignee or consignees at the time of such deposit or pledge as a security as aforesaid; but such person or persons, body or bodies politic or corporate, shall and may acquire possess and enforce such right title or interest, as was possessed and might have been enforced, by such consignee or consignees, at the time of such deposit or pledge as aforesaid; any rule of law usage or custom to the contrary notwithstanding. III. Provided always, That nothing herein contained shall be deemed construed or taken to deprive or prevent the true owner or owners, profollow his Goods prietor or proprietors of such goods, wares, or merchandize, from demanding and recovering the same from his her or their factor or factors, agent or agents, before the same shall have been so deposited or pledged, or from the assignee or assignees of such factor or factors, agent or agents, in the event of his her or their bankruptcy; nor to prevent any such owner or owners proprietor or proprietors, from demanding or recovering of and from any person or persons, or of or from the assignees of any person or persons in case of his or her bankruptcy, or of or from any body or bodies politic or corporate, such goods, wares, or merchandize, so consigned, deposited, or pledged, upon repayment of the money, or on restoration of the negociable security or securities, or on payment of a upon them, &c. sum of money equal to the amount of such security or securities, for which money or negociable security or securities such person or persons, his her or their assignee or assignees, or such body or bodies politic or corporate, may be entitled to any lien upon such goods wares or merchandize; nor to prevent the said owner or owners, proprietor or proprietors, from recovering of and from such person or persons, body or bodies politic or corporate, any balance or sum of money remaining in his her or their hands, as the produce of the sale of such goods wares or merchandize, after deducting thereout the amount of the money or negociable security or securities so advanced or given upon the security thereof as aforesaid: Provided always, that in case of the bankruptcy of such factor or agent, the owner of the goods so pledged and redeemed as aforesaid shall be held to have discharged pro tanto the debt due by him to the bankrupt's estate. The following viz. 43 G. 3. c. 56. [No. CXXI.] 4 Geo. IV. c. 84.-An Act to repeal the Laws for regulating Vessels carrying Passengers from the United Kingdom to Foreign Parts, and to make other Provisions in lieu thereof.-[18th July 1823.] WHEREAS it is expedient that the regulations established by various Acts for carrying passengers from the United Kingdom of Great Britain and Ireland to foreign parts should be repealed, and other regulations substituted; be it therefore enacted, by the King'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 first day of August one thousand eight hundred and twenty-three, an Act passed in the fortythird year of the reign of His late Majesty King George the Third, intituled An Act for regulating Vessels carrying Passengers from the United Kingdom to His Majesty's Plantations and Settlements abroad, or to Foreign Parts, with respect to the number of such Passengers; and also an Act passed in the fifty-third year of the reign of His said late Majesty for amending the said Act of the said forty-third year of His said late Majesty's reign; and also an Act passed in the fifty-sixth year of the reign of His said late Majesty, intituled An Act for regulating the carrying of Passengers to and from the Island of Newfoundland and Coasts of Labrador; and also an Act passed in the fifty-sixth year of the reign of His said late Majesty, intituled An Act to regulate the Conveyance of Passengers from the United Kingdom to the United States of America in British Vessels; and also an Act passed in the fifty-seventh year of the reign of His said late Majesty, intituled An Act to regulate the Vessels carrying Passengers from the United Kingdom to certain of His Majesty's Colonies in North America, shall be and the same are hereby repealed. II. And be it further enacted, That from and after the first day of August one thousand eight hundred and twenty-three, no foreign ship or vessel carrying any passenger or passengers shall sail from any port or place in the United Kingdom, to or for any port or place out of Europe, and not being within the streights of Gibraltar, with more persons on board, including the master and crew, than one (whether children or adults) for every five tons burthen of such ship or vessel (unless special permission shall be given for that purpose by the Commissioners of His Majesty's Customs, or any three or more of them, under such regulations and conditions as may appear to them expedient,) under penalty of fifty pounds for every person exceeding such proportion, to be paid by the master or other person having or taking the charge or command of such ship or vessel. No. CXXI. 4 Geo. IV. c. 84. 53 G. 3. c. 36. 56 G. 3. c. 83. 56 G. 3. c. 114. 57 G. 3. c. 10. No ForeignVesselcarrying Passengers shall sail for any Port out of Europe, &c., with more Persons on board than One for every Five Tons Burthen, without special Permission of the Commissioners of the Customs: III. And be it further enacted, That no British ship or vessel carrying any passenger or passengers shall sail from any port or place in the United Kingdom, to or for any port or place out of Europe, and not being within the streights of Gibraltar, with more persons on board, including the master and crew, than one (whether children or adults) for every five tons of her burthen, without a licence under the hands and seals of the Commissioners of His Majesty's Customs, under the penalty of fifty pounds for every person exceeding such proportion, to be paid by the master or other person having or taking the charge or command of such ship or vessel: Provided always, that no such licence shall be granted for any ship or vessel to carry any greater number of persons, including the master and crew, than in the proportion of one adult person (or of two children under fourteen years of age, or of three children under seven years of age) for every two tons of the burthen of such ship or vessel: Provided also, that no such licence shall be granted for any ship or vessel which shall not have two decks, nor unless the height between such decks shall be five feet six inches at least. IV. And be it further enacted, That it shall not be lawful for the master or other person having or taking the charge or command of any British or foreign ship or vessel, laden with goods and inerchandize for exportation, which shall sail from any port or place in the United Kingdom to or for any port or place out of Europe, and not being within the streights of Gibraltar, to receive or take on board a greater number of persons, including the master and crew, than in the proportion of one adult person, or of two children under fourteen years of age, or of three children under seven years of age, for every two tons of such merchant ship or vessel remaining unladen with goods and merchandize, under the penalty of fifty pounds, to be paid by the master or other person having or taking the charge or command of such ship or vessel. space V. Provided always, and be it enacted, That every integral space below the deck of every ship or vessel which shall have but one deck, or between the decks of any ship or vessel having more decks than one, such being unoccupied with goods or merchandize, or with stores, provisions, water, or baggage, and being six feet in length, two fect six inches in breadth, and being of the whole of the height between decks, or being five feet six inches in height if there be only one deck, shall be deemed to be and shall be equivalent to two tons of such ship or vessel remaining unladen; and that in every such ship or vessel, whether laden with goods or merchandize for exportation or not, one such integral space shall be separately apportioned as the room or birth for every adult passenger, or No British Vessel carying Passengers shall sail with a greater Number of Persons than as aforesaid, without a Li. cence from the Commissioners of Customs. Penalty 501. for cach Person exceeding the Proportion. Restriction as to Licence. Number of Per sons permitted to be taken on board of Vessels laden with Goods for Ex portation to be in Proportion of One Adult Person to every Two Tons, &c. |