Page:Ruffhead - The Statutes at Large - vol 6.djvu/346

 ;84 C. 31, Anno decimo Georgii II. A. D. 1737, Penalty of 40 s en fuch Perfons as are appoint- ed to ring the faid Bells, for every Negleft. Penalties in- curred by this Aft how to be recovered. Power of Commitment, for want of iufficient Di- lirefs. Penalties, not otherwife di- refted, how to be -applied. AllProfecutions for Penalties to be commenced in a Month. The Penalties incurred by this Aft may be fued for by the Rulers and Overfeers of the Company of Watermen, or any two of them. Provifo in favour of Per- fons navigating Boats, &c. by virtue of the Aft 4 Geo. 2. c. 24. All Suits com- menced in pur- suance of this Aft, to be pro- fecuted within 6 Months after the Faft, where to be tried. Defendants may plead the General Iffue. If a Verdifl: go againft the Plaintiff; if he be non- fuited, &c. the Defendant to have Treble Colts. This Aft to be deemed a Pub- lick Aft. XIV. And in cafe any 'fuch Officer or Officers fo to be appointed as aforefaid, fhall neglect to rin? fuch Bell or Bells at the time and times herein directed, he (hall forfeit and pay for every facf Offence the Sum of forty Shillings, to be levied, recovered and applied in the fame Planner as the othei Penalties and Forfeitures are by this Act directed to be levied, recovered and applied. XV. And be it further enacted by the Authority aforefaid, That all the Penalties and Forfeitures which fhall be incurred and forfeited by virtue of this Act, except fuch of them as are hereby otherwife directed to be levied and recovered, fhall and may be levied and recovered by Diftrefs and Sale of the Offender's Goods and Chatties by Warrant or Warrants under the Hand and Seal or Hands and Seals ol the Lord Mayor of the faid City of London, or one or more Juftice or Juftices of the Peace for the faid City for the time being, or one or more Juftice or Juftices of the Peace for any County, City, Town Corporate, Liberty or Place where the Offence fhall be committed, or the Offender fhall be found • and for want of fufficient Diftrefs it fhall be lawful to and for the faid Lord Mayor of the faid City of London for the time being, or any one or more Juftice or Juftices of the Peace for the faid City, or for the County, City, Town Corporate, Liberty or Place where the Offence fhall be committed, or the Offender lhall be found, and he and they are hereby required, by Warrant or Warrants under his or their Hand and Seal, or Hands and Seals, to commit fuch Offender to the next common or publick Workhoufe or Houfe of Correction, there to remain without Bail or Mainprize, and to be kept to hard Labour for any Time not exceeding one Month, nor lefs than fourteen Days : And when the faid Pe- nalties and Forfeitures (except fuch of them as are hereby otherwife directed to be paid and applied) fhall be levied or recovered, the fame fhall be paid to the Rulers and Overfeers of the faid Company or the major Part of them, for the time being; and fhall be by them paid and diftributed to the poor aged and decayed Freemen of the faid Company, and their Widows : And all Profecutions for the faid Penalties and Forfeitures fhall be commenced within one Month next after the Offence fhall be com- mitted, and not afterwards. XVI. And be it enacted by the Authority aforefaid, That all the Penalties and Forfeitures which fhall be incurred or forfeited by virtue of this Act, fhall and may be fued and profecuted for by the Rulers and Overfeers of the faid Company, or any two of them for the time being. XVII. Provided always, That nothing herein contained fhall extend, or be conftrued to extend to hinder or prevent any Perfon or Perfons working or navigating any flat - bottomed Boats or Barges, who are intitled to work and navigate the fame by virtue of an Act paffed in the fourth Year of his prefent Majefty's Reign, intituled, An Ac! to explain and amend a Claufe in an Ad paJJ'ed in the feconi Year of his Majefty's Reign {for making more ejfettual fever al Aits relating to Watermen, Wherrymen and Lightermen rowing on the River Thames) fo far as the fame relates to Ferry-boats and flat -bottomed Boats in fuch Manner, and to and from fuch Places, as in and by the faid Act is directed and prefcribed nor to fubject them, or any of them, to any of the Penalties and Forfeitures by this Act to be impofed. XVIII. And be it further enacted by the Authority aforefaid, That if any Suit or Action fhall be com- menced or profecuted againft any Perfon or Perfons, for any Thing to be done in purfuance of this Act every fuch Suit or Action fhall be brought and commenced within fix Months next after the Fact com- mitted, and not afterwards; and fhall be brought and tried. in the City of London, or Counties of Mid- dlefex, Surrey, Efjex, Kent, Bucks, or Berks, and not elfewhere; and the Defendant or Defendants therein may plead the General Iffue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by Authority of this Act ; and if it fhall appear to be fo done, that then the Jury fhall find for the Defendant or Defendants ; and upon fuch Verdict, or if the Plaintiff or Plaintiffs fhall become nonfuit, or difcontinue his, her, or their Action, after the Defendant or Defendants fhall have appeared, or if upon Demurrer Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defendant or Defendants fhall or may recover Treble Cofts, and have the like Remedy for the fame as any Defendant or Defendants hath or have for Cofts in any other Cafes by Law. XIX. And it is hereby further enacted and declared, That this Act fhall be deemed and taken to be a Publick Act, and all Judges, Juftices, and other Perfons, are to take Notice thereof as fuch in. all Courts and Places whatfoever, without fpecially pleading the fame. CAP.