c. 10. LV. And for the more easy conviction of such offenders as aforesaid, be 39, 40 Geo. III. it further enacted, That the justices of the peace before whom any person shall be convicted of any offence against this act, or against any rule, order, or by-law to be made in pursuance thereof, 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 same effect; videlicet, "two of his Majesty's justices of the peace for the town of King- Given "under our hands and seals the day and year first above written." LVI. And be it further enacted, That when 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, ab initio, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating 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, may recover satisfaction for the special damage in an action upon the case; but no plaintiff or plaintiffs shall recover in any action, for any such irregularity or other proceeding, if tender of sufficient amends shall be made by or on the behalf of the party or parties who shall have committed, or caused to be committed, any such irregularity or wrongful proceeding, before such action brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he, she, or they shall see fit, whereupon such proceedings or orders and judgments shall be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court. LVII. And be it further enacted, That no proceedings to be had touching the conviction of any offender or offenders against this act, or against any rule, order, or by-law to be made in pursuance thereof, or any order made, or other matter or thing to be done or transacted, in or relating to the execution of this act, or of any such rule, order, or by-law, shall be made void or quashed for want of form, or be removed by certiorari, or any other writ or process whatsoever, into any of his Majesty's courts of record at Westminster; any law or statute to the contrary notwithstanding. LVIII. And be it further enacted, That no action or suit shall be commenced against any person or persons for any thing done in pursuance of this act, until twenty-one days notice thereof shall be first given in writing to the treasurer or clerk to the said commissioners, signed by the intended plaintiff or plaintiffs, of the cause and intention of and for commencing such action or suit; nor at any time whatsoever after sufficient satisfaction or tender thereof hath been made to the party or parties aggrieved; nor after six calendar months next after the fact committed, for which such action or suit shall be so brought; and every such action or suit shall be laid and tried in the county of York, or in the said town and county of Kingstonupon-Hull, and not in any other county or place; and that the defendant or defendants in every such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial which shall be had thereupon, and that the matter or thing for which such action or suit shall be so brought, was done in pursuance and by the authority of this act; and if the said matter or thing shall appear to have been so done, or if it shall happen that such action or suit was brought before twenty-one Conviction. Distress not to be deemed unlawful for Want of Form. Proceedings not to be quashed for Want of Form. Limitation of Actions. 41 Geo. III. c. 65. General Issue. Treble Costs. Public Act. days notice thereof given as aforesaid, or that sufficient satisfaction was made or tendered as aforesaid; or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county or place than aforesaid, then the jury shall find for such defendant or defendants; or if the plaintiff or plaintiffs in such action or suit shall become nonsuited, or suffer a discontinuance of such action, or if judgment shall be given for the defendant or defendants therein, then and in either of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant hath for costs of suit in any other case by law. LIX. And be it further enacted, That this act shall be deemed, adjudged, and taken to be a public act, and shall be judicially taken notice of as such, by all judges, justices, and other persons without specially pleading the same. CLASS III. FERR Y BOAT DOCK. Crown Land granted to the Mayor and Burgesses for a Dock and Landing Place for the Ferry Boats. 41 Geo. III. Cap. 65. Royal Assent, 20th June, 1801. An Act for enlarging and improving the Market-Place, &c. (for Title, see page 152, ante.) II. And whereas the landing places used for the ferry and market boats, belonging and resorting to the same town, are in a very inconvenient situation.* IX. And whereas his Majesty hath been graciously pleased to signify his royal pleasure that, in order to enable the said mayor and burgesses to make such dock and wharf or landing place as aforesaid, for the reception of the said ferry and market boats, and other the purposes herein before mentioned," All that plot or parcel of ground situate and being in the "town of Kingston-upon-Hull aforesaid, in or near certain streets or places "there called the fore ropery and back ropery or Humber-Street, abutting upon ground belonging to his Majesty called the artillery yard, and "ground of the said mayor and burgesses, on or towards the east; on "other ground of the said mayor and burgesses on or towards the west; on "the said streets called the fore ropery and back ropery or Humber"Street on or towards the north; and on the fore shore of the river Humber on or towards the south, with the erections and buildings thereon stand"ing, now in the several tenures or occupations of Thomas Nicholson, "John Atkin, Timothy Thorney, Thomas Gleadow, and others," (being part of the land belonging to his Majesty's military works at the said town of Kingston-upon-Hull) shall, in consideration of the sum of two thousand four hundred pounds of lawful money of Great Britain, to be paid by the said mayor and burgesses into the treasury of his Majesty's office of ordnance, and to be applied to the current service of his Majesty's said office of ordnance, be granted and confirmed unto the said mayor and burgesses and their successors; Be it therefore enacted, That upon payment of the said sum of two thousand four hundred pounds by the said mayor and burgesses to the treasurer for the time being of his Majesty's said office of ordnance, or his deputy, (who is hereby authorised and required to receive ⚫ See sec. 3, 6, 7, page 152, ante. such money, and to give a receipt or discharge for the same,) all that the said plot or parcel of ground, hereditaments, and premises above mentioned and described, with the appurtenances, shall be granted and confirmed; and the same are hereby declared to be accordingly granted and confirmed to the said mayor and burgesses and their successors, and the same shall thereupon become vested in the said mayor and burgesses and their successors for ever, freed and absolutely discharged of and from all claim, right, and title whatsoever of his Majesty in right of the crown, his heirs and successors; and that from and immediately after payment of the sum of two thousand four hundred pounds as aforesaid, it shall be lawful for the said mayor and burgesses and their successors to enter upon and take possession of the same plot or parcel of ground, hereditaments, and premises, and to convert and apply the same for the purposes hereby directed. 41 Geo. III. c. 65. X. And be it further enacted, That the receipt or discharge herein before Form of the directed to be given for the said sum of two thousand four hundred pounds, Receipts. shall be in the words or to the effect following, (videlicet :) "Received the day of of the mayor "and burgesses of the town or borough of Kingston-upon-Hull, the "sum of two thousand four hundred pounds of lawful money of Great Britain, in full for the absolute purchase of all that plot or parcel of ground, hereditaments, and premises, being part of the land belong. "ing to his Majesty's military works at the said town of Kingstonupon-Hull, and which, by an act of parliament passed in the forty"first year of his said Majesty's reign, intituled [here insert the title of "this act] are directed and declared to become vested in the said "mayor and burgesses, upon payment of the said sum of two thousand "four hundred pounds into the treasury of his Majesty's office of "ordnance, and which said sum of two thousand four hundred pounds "is to be applied to the current service of his Majesty's said office of "ordnance. As witness my hand. Witness, Treasurer or deputy treasurer, Which receipt or discharge, when so signed by the said treasurer, or his deputy for the time being, shall be enrolled in the office of the King's remembrancer of his Majesty's court of Exchequer at Westminster; and the proper officer of the said court is hereby required, upon the production of such receipt to enrol the same, and at the foot or on the back thereof to give a certificate of such enrolment; and the said receipt or discharge, or a copy of such enrolment, duly attested by the proper officer of the said court of exchequer, shall at all times thereafter be admitted and allowed as evidence in any court of law or equity of the payment of the said sum of two thousand four hundred pounds in pursuance of this act. XXXIX. Provided always, and be it further enacted, That when and so soon as the said dock and wharf or landing place shall be made, all the ferry and market boats belonging or resorting to the said town of Kingstonupon-Hull, shall proceed to the said dock, and land and deliver their passengers and goods upon the said wharf or landing place, and at no other place within the limits of the said town, (except as hereafter mentioned ;) and that all such ferry and market boats respectively shall take in and receive their passengers and goods, to be conveyed from the said town of Kingston-upon-Hull, at the said wharf or landing place, and at no other place within the limits of the said town, (except also as hereafter mentioned.) XL. And be it further enacted, That it shall and may be lawful for the Apointment of said mayor and burgesses in common council assembled, and they are a Superintendent hereby authorised, from time to time as occasion shall require, to nominate of the Dock. and appoint a proper person to be the superintendent of the said dock and wharf or landing place, and to remove, suspend, or dismiss such person so to be appointed at their free will and pleasure; which superintendent of the His Power. said dock, shall have full power and authority to direct the mooring, unmooring, moving, or removing of all the ferry and market boats coming into, lying, or being in the said dock; also to appoint and direct the time or times and manner of their entrance into or going out of the same dock, and the situations and berths for such boats to land or deliver, lade or take in, their respective passengers and goods, and the time or times of opening and shutting the gates of the said dock. XLI. Provided also, and be it further enacted, That after the said dock and wharf or landing place shall be made, if any master, servant, or other person having the charge or direction of any ferry or market boat, shall proceed to any other place within the limits of the said town of Kingstonupon-Hull, except the said dock, to receive and take in or land or unload any passengers or goods (but in cases of necessity, to be allowed by the superintendent of the said dock for the time being,) or if any such master, servant, or other person as aforesaid shall disobey the orders or directions of the said superintendent with respect to the lading or delivering, mooring or unmooring any ferry or market boat, every such master, servant, or other person so offending shall forfeit and pay any sum not exceeding five pounds for every such offence, to be recovered and applied as hereinafter mentioned. XLII. And for the better making and preserving a free and clear passage and entrance from the river Humber into and out of the said dock, for the said ferry and market boats; Be it further enacted, That no ship, vessel, lighter, barge, craft, or boat of any description whatever, shall lie across, in or in any way obstruct the entrance into or from the said dock, under a penalty not exceeding five pounds for every such offence, to be paid by the master, servant, or other person having the charge of every such ship, vessel, lighter, barge, craft, or boat as aforesaid, and to be recovered and applied as hereinafter mentioned. XLIII. And be it further enacted, That if any person or persons whomscever shall throw, cast, or put any ballast, earth, dust, ashes, stones, or other things into the said dock, or upon the said wharf or landing place, to be made in pursuance of this act, to the prejudice thereof, or do any other annoyance to the same or any part thereof, and complaint thereof shall be made upon oath by the said superintendent, or any other person or persons, the same shall be examined into and determined by two or more of his Majesty's justices of the peace for the said town of Kingston-upon-Hull, and they are hereby authorised to impose upon the offender or offenders such fine or fines, not exceeding five pounds for each offence, as the said justices shall think reasonable. XLIV. And be it further enacted, That all panalties and forfeitures by this act imposed, concerning which no particular direction hath been already given, shall (if not paid within fourteen days after the same shall be demanded) be recovered and levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the bands and seals of any two or more justices of the peace for the said town and county of the town of Kingston-upon-Hull, which warrant they are hereby empowered and required to grant, upon the information of one or more credible witness or witnesses, upon oath before them made, which oath they are hereby empowered to administer; and that all such penalties and forfeitures (after deducting all damages, rewards for the detection of offenders, and the costs and charges of suit, and rendering the overplus (if any) when demanded, to the party or parties whose goods and chattels shall be so distrained and sold, the costs and charges of such distress and sale being first deducted) shall be paid to the common officer of the said town of Kingston-upon-Hull for the time being, and be applied one half to the informer, and the other half to the purposes of this act; and in case no such distress as aforesaid can be had, then it shall and may be lawful for the said two or more justices, by like warrant or warrants, to commit the party or parties offending to the common gaol or house of correction of the said town and county of the town of Kingston-upon-Hull, for the space of ten days, without bail or mainprise, or for any less time, at the discretion of such justices, unless the said penalty and charges shall be sooner paid and satisfied. XLV. Provided always, and be it further enacted, That it shall and may be lawful for the said justices of the peace, or any two of them, by whom any judgment, sentence, or determination shall be given, pronounced, or made, from time to time, where they see cause, to mitigate, compound, or lessen any of the penalties or forfeitures aforesaid, as he or they in his or their discretion shall think fit, so as such mitigation or composition do not extend to remit above one moiety of the penalty inflicted and directed to be levied by this act; and that every such mitigation or composition shall be a sufficient discharge for the persons offending respectively, for so much of the said penalties and forfeitures as shall be so mitigated, lessened, or remitted. XLVI. And for the more easy and speedy conviction of offenders against this act, Be it further enacted, That every justice of the peace before whom any person shall be convicted of any offence against this act, shall and may cause the conviction to be drawn up according to the following form (videlicit :) "Be it remembered, That on the "the year of our Lord day of 41 Geo. III. c. 65. in Form of A. B. is con "victed before us, two of his Majesty's justices of the peace for the "town and county of the town of Kingston-upon-Hull [specifying the offence, and the time and place when and where committed, as the case may be.] 44 66 "Given under our hands and seals the day and year first above men "tioned." XLVII. And be it further enacted, That any person or persons thinking Appeal. himself, herself, or themselves aggrieved by the order or determination of any justice or justices of the peace, with respect to any penalty to be imposed by virtue of this act, may within three calendar months after such order and determination shall have been made or given, appeal to the justices of the peace at any general quarter sessions to be held for the said East Riding of the county of York, first giving ten days notice at the least in writing of such intention to appeal, to the parties interested in such complaint; and the said justices shall in a summary way hear and determine the said appeal at such sessions, or, if they think proper, may adjourn the hearing thereof to the next general court of quarter sessions of the peace to be held for the said riding; and if they see cause may mitigate any penalty or forfeiture, and may order any money to be returned, which shall have been levied in pursuance of such order or determination, and may also order any such further satisfaction to be made to the party injured, as they shall judge reasonable, and may also order such costs to be paid to the party aggrieved by the party aggressing, as they in their judgment shall think just and reasonable. for Want of Form. XLVIII. And be it further enacted, That where any distress shall be Distress not be made for any sum or sums of money to be levied by virtue of this act, the deemed unlawful 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, default, or want of form in any proceeding 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 done by the party or parties distraining; but the person or persons aggrieved by such irregularity may recover full satisfaction for the special damage by action on the case. XLIX. And be it further enacted, That no proceeding to be had touching Proceedings not the conviction of any offender or offenders against this act, or any order to be quashed for made, or any other matter or thing to be done or transacted in or relating Want of Form. to the execution of this act, shall be vacated or quashed for want of form only, or be removed or removable by Certiorari, or any other writ or process whatsoever, into any of his Majesty's courts of record at Westminster; any law or statute to the contrary notwithstanding. Act of 24 Geo. II. for rendering Justices of the Peace more safe in the Execution of their Office extended to this Act. L. And be it further enacted, That the statute made in the twenty-fourth year of the reign of his late Majesty George the Second, intituled, "An Act "for rendering justices of the peace more safe in the execution of their "office, and for indemnifying constables and others acting in obedience to "their warrants," so far as the same relates to rendering justices of the peace more safe in the execution of their office, shall extend and be construed to extend to the justices respectively acting under the authority of this act; and no action or suit shall be commenced against any person or Limitation of persons for any thing done in pursuance or under colour of this act, until Actions. twenty days notice shall be thereof given in writing, to or after sufficient satisfaction or tender thereof hath been made to the party or parties aggrieved, or six calendar months next after the fact committed for which such action or actions, suit or suits, shall be so brought; and every such action shall be brought, laid, and tried in the county of York, being the next adjoining county to the town and county of the town of Kingstonupon-Hull, and not elsewhere; and that the defendant or defendants in such actions or suits, and every of them, may plead the general issue, and give this act and the special matter in evidence at any trial or trials which General Issue. |