No. XIII. be granted to him as aforesaid, or be engaged in any trade or traffic for 3 & 4 W. 4, his own benefit, or for the benefit of any other person or persons. c. 93. expence of establishments in China. VIII. That it shall be lawful for his Majesty, by and with the advice of his privy council, by any order or orders to be issued from time to A tonnage duty time, to impose, and to empower such persons as his Majesty in council to be imposed, shall think fit to collect and levy from or on account of any ship or to be approvessel belonging to any of the subjects of his Majesty entering any port priated towards or place where the said superintendents or any of them shall be stadefraying the tioned, such duty on tonnage and goods as shall from time to time be specified in such order or orders not exceeding in respect of tonnage the sum of five shillings for every ton, and not exceeding in respect of goods the sum of ten shillings for every one hundred pounds of the value of the same, the fund arising from the collection of which duties shall be appropriated, in such manner as his Majesty in council shall direct, towards defraying the expences of the establishments by this act authorized within the said dominions: Provided always, That every order in council issued by authority of this act shall be published in the London Gazette; and that every such order in council, and the amount of expence incurred, and of duties raised under this act, shall be annually laid before both houses of parliament. Limitation of actions. IX. That if any suit or action shall be brought against any person or 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 six months after the fact committed, and not afterwards, except where the cause of action shall have arisen in any place not within the jurisdiction of any of his Majesty's courts having civil jurisdiction, and then within six months after the plaintiff or plaintiffs and defendant or defendants shall have been within the jurisdiction of any such court; 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, except where the cause of action shall have arisen in any place not within the jurisdiction of any of his Majesty's courts having civil jurisdiction; and the defendant or defendants shall be entitled to the like notice, and shall have the like privilege of tendering amends to the plaintiff or plaintiffs, or their agent or attorney, as is provided in actions brought against any justice of the peace for acts done in the execution of his office by an act passed in the twenty-fourth year of the reign of 24 G. 2, c. 44. king George the second, intituled An Act for the 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; and the defendant or defendants in every such action or suit may plead the geneGeneral issue. ral issue, and give 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 the same ought to have been brought or laid in as aforesaid, then the jury shall find for the defendant or defendants; and if the plaintiff or plaintiff's shall become nonsuit, or discontinue any action after the defendant or defendants shall have appeared, or if a verdict shall pass against the plaintiff or plaintiff's, or if upon demurrer judgement shall be taken against the plaintiff or plaintiffs, the defendant or defendants 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. If action brought after time limited, &c. Treble costs. [No. XXII.] 4 & 5 W. IV. c. 13.-An Act to repeal so [No. XXIII.] 4 & 5 W. IV. c. 32.-An Act for reducing the Tonnage Rates payable in the Port of London. [25th July 1834.] [No. XXIV.] 4 & 5 W. IV. c. 34.-An Act to repeal the Laws relating to the Contribution out of Merchant Seamen's Wages towards the Support of the Royal Naval Hospital at Greenwich, and for supplying other Funds in lieu thereof. [25th July 1834.] WHEREAS by an act of the seventh and eighth years of the reign of king William the third, for the increase and encouragement of seamen, it was amongst other things enacted, that every seamen who should serve his Majesty, his heirs and successors, or any other person in any of his Majesty's ships, or in any ship or vessel belonging to the subjects of England or any other his Majesty's dominions, should allow and there should be paid out of the wages of every such seaman to grow due sixpence per month, for the better support of the royal hospital for seamen at Greenwich, which allowance and abatement were by an act passed in the tenth year of the reign of queen Anne extended to the wages of every seaman and other person employed in any ship or vessel belonging to the subjects of Great Britain and Ireland, and the dominions thereto belonging; and the said allowance was, by another act passed in the second year of the reign of king George the second, further extended to the wages of seamen belonging to the ships and vessels of the islands of Guernsey, Jersey, Alderney, Sark, and Man, and of his Majesty's colonies in America: And whereas by an act passed in the tenth year of the reign of his late Majesty king George the fourth, for transferring the management of Greenwich out-pensions and certain duties in matters of prize to the treasurer of the navy, it is enacted, that such allowance out of the wages of all seamen serving his Majesty or employed in any of his Majesty's ships should cease to be payable: And whereas by an act passed in the second year of the reign of his present Majesty, for amending the laws relating to the civil departments of the navy, it is declared that the said allowance shall be abated out of the wages of every person serving in any ship or vessel (not being in commission and in the pay of the royal navy) which shall belong to or be employed in the service of his Majesty in the several departments of the public service: And whereas it is expedient that the allowance or contribution of sixpence per month out of the wages of all seamen whatever, as well those employed in the ships or vessels in the service of his Majesty as in the merchant shipping of the united kingdom, and of the dominions, islands, and territories thereto belonging, should no longer be made towards the support of the said hospital, and that in lieu thereof other funds should be provided for that purpose: Be it therefore enacted, &c., That from and after the thirty-first day of Repeal of 7 & December one thousand eight hundred and thirty-four the said recited 8 W. 3, c. 21. act of the seventh and eighth years of the reign of king William the third, for the increase and encouragement of seamen; and also so much 8 & 9 W. 3, as remains unrepealed of an act of the eighth and ninth years of the c. 23. s. 5. c. 34. 2 G. 2, c. 7. s. 10. No. XXIV. reign of king William the third, made to enforce the said act for the in4 & 5 W. 4, crease and encrouragement of seamen; and also an act passed in the tenth year of the reign of queen Anne, for the better collecting and recovering of duties granted for the support of the royal hospital at 10 Anne, c. 17. Greenwich, and for the further benefit thereof: and also so much of an 8 G. 1, c. 24, act passed in the eighth year of the reign of his Majesty king George the first, for the more effectual suppression of piracy, as relates to the admission of merchant seamen into Greenwich hospital; and also an act passed in the second year of the reign of king George the second, for the more effectual collecting, in Great Britain and Ireland, and other parts of his Majesty's dominions, the duties granted for the support of the 8 G. 2, c. 29, said royal hospital; and also so much of an act passed in the eighth year of the reign of king George the second, for the application of the rents and profits of the estates forfeited by the attainders of James earl of Derwent-water and Charles Radcliffe, as relates to the admission of merchant seamen into the said hospital; and also an act passed in the 18 G. 2, c. 31. eighteenth year of the reign of king George the second, for the more effectually recovering and collecting of the duties granted towards the support of Greenwich hospital, and for other purposes; and also so 2 G. 3, c. 31, much of an act passed in the second year of the reign of king George the third, for making perpetual an act for the better regulation and government of seamen in the merchant service, and for extending the provisions thereof to his Majesty's colonies in America, as relates to the payment, recovery, and application of all penalties and forfeitures incurred under an act passed in the second year of the reign of king George the second, for the better regulation and government of seamen in the merchant service; and also so much of the said act passed in the 2 W. 4, c. 40, second year of the reign of his present Majesty as enacts that the said s, 2. s. 23. except as to matters re quired to be done previous to 1st Jan. 1835, and to penalties incurred. An annual sum the consoli dated fund. abatement shall be made out of the wages of persons serving in any ship or vessel belonging to or employed in the service of his Majesty in the several public departments, shall be and the same are hereby repealed; save and except as to all matters and things required to be done, and all abatements and payments to be made, for any period previous to the first day of January one thousand eight hundred and thirty-five, in pursuance of any of the said acts and parts of acts hereby repealed; and also save and except as to all penalties and forfeitures already incurred or which shall or may be incurred under any of the provisions of the said acts. II. And whereas the sum available towards the support of the said of 20,000l. to royal hospital from the sources provided by the said repealed acts hath be charged on upon an average amounted annually to the sum of twenty-two thousand pounds or thereabouts: And whereas the revenues of the said hospital will by such repeal be so greatly diminished as to render them wholly inadequate to the maintenance of its establishment, and it is highly becoming the honour and character of the British nation that those seamen and marines who have been or shall hereafter be maimed, wounded, disabled, or worn out in its service on board any of the ships of war of his Majesty, or in the naval service of the country, should be supported according to the original design of the foundation of the said hospital, and that they should not be left destitute, and it is consequently necessary that other permanent funds should be provided for its maintenance; be it therefore further enacted, That from and after the thirty-first day of December one thousand eight hundred and thirtyfour there shall be annually charged upon and payable out of the consolidated fund of the united kingdom of Great Britain and Ireland the sum of twenty thousand pounds, which sum shall be paid to the commissioners of the said royal hospital at Greenwich by equal half-yearly payments on the fifth day of January and the fifth day of July in each year, to be by the said commissioners applied towards the maintenance of the said establishment; the first of which half-yearly payments shall be made on the fifth day of July one thousand eight hundred and thirty-five. III. That it shall be lawful for the lord high treasurer or the commis- No. XXIV. sioners of the treasury of the united kingdom of Great Britain and Ire- 4 & 5 W. 4, land for the time being, or any three or more of them, and they are hereby required, by warrant under their hands, to direct a debenture to c. 34. be made forth and passed by the proper officers at the receipt of his The treasury to Majesty's exchequer, from time to time, for paying the said sum in direct debenmanner as aforesaid, as the same shall from time to time become due tures to be and payable, according to the true intent and meaning of this act; made out for the which said warrant, and debenture to be made forth and passed thereon, payment of the said sum. respectively, shall be sufficient authority to the several and respective officers of the receipt of the exchequer, now and for the time being, for the payment of such sum at the respective days to be appointed for such payments, without any further or other warrant to be sued for, had, or obtained in that behalf. [No. XXV.] 3 & 4 W. IV. c. 51.-An Act to amend the [No. XXVI.] 4 & 5 W. 4, c. 52.-An Act to amend an Act of the Twentieth Year of His Majesty King George the Second, for the Relief and Support of sick, maimed, and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned in the Merchant Service; and for other Purposes. [13th August 1834.] WHEREAS by an act passed in the twentieth year of his Majesty 20 G. 2, c. 38. king George the second, intituled An Act for the Relief and Support of maimed and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned in the Merchants Service, a body corporate and politic was created by the name of "The President and Governors for the Relief and Support of sick, maimed, and disabled Seamen, and of the Widows and Children of such as shall be killed, slain, or drowned in the Merchants Service," and divers powers and privileges were thereby granted to the said corporation, and regulations made for the management thereof; and various provisions were by the said act made for the relief and support of maimed and disabled seamen, and the widows and children of such as shall be killed, slain, or drowned as aforesaid: and whereas another act was passed in the thirty-seventh year 37 G. 3, c. 73. of the reign of his Majesty king George the third, intituled An Act for preventing the Desertion of Seamen from British Merchant Ships trading to His Majesty's Colonies and Plantations Abroad: and whereas it is expedient to repeal some, and to extend and comprise in one act of parliament others of the provisions of the said two recited acts: 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 Repeal of certhis present parliament assembled, and by the authority of the same, tain parts of That from and after the thirty-first day of December one thousand eight recited acts. hundred and thirty-four, from which day (except as herein-after is expressly provided) this act shall commence and take effect, the whole of the said recited act of the twentieth year of the reign of his said late Majesty king George the second, except so far as the same relates to the incorporation and perpetual succession of the said body corporate and politic, or to the powers and authorities thereby vested in the said president and governors for receiving, possessing, and applying such sums of money as should be contributed, devised, or bequeathed to it, and for purchasing and holding lands and erecting an hospital, or to No. XXVI. 4 & 5 W. 4, c. 52. the rules and method thereby provided for supplying the places of the president and assistants or committees and governors or members thereof so often as vacancies shall occur, and making and altering the bye laws, constitutions, and ordinances of the said corporation; and so much of the said recited act of the thirty-seventh year of the reign of his said late Majesty king George the third as relates to the payment and appropriation to and for the uses and purposes therein mentioned of the wages of deceased seamen and other persons engaged in British merchant ships trading to the West Indies, and to the penalties and forfeitures thereby imposed, so far as the same are payable or recoverable on account of any infraction of the provisions of the said act respecting the payment and appropriation of such wages as aforesaid; be and the same are hereby declared to be repealed; Provided always, That all offences which shall have been committed, and all penalties and mitted or penal- forfeitures which shall have been incurred, and all payments and duties to which any party shall have become liable, previous to the commencement of this act, against the provisions of the said acts, shall and may be punishable and recoverable under the said acts as if the same had not been repealed, although such payments and duties shall not in consequence of such liability have become actually receivable by the said president and governors until after the said thirty-first day of Proviso as to offences com ties incurred. President and governors empowered to and children. December. II. That the said president and governors and their successors shall and may and they are hereby authorized and empowered to provide, in such their hospital as aforesaid, for the reception of such seamen as shall relieve disabled be rendered incapable of present or future service by sickness, wounds, seamen and or other accidental misfortunes, and those who shall become decrepit or their widows worn out by age, or shall provide for such seamen by allowing them certain pensions, or otherwise as to the said president and governors and their successors shall seem meet and most for the advantage of the said charity; and also to relieve the widows and children of such seamen as shall be killed, slain, or drowned in the said service; and also to relieve the widows and children of such seamen as shall die after having contributed during a term of twenty-one years to the funds of this corporation, provided such children are not of the age of fourteen years, or if of that age or upwards, not capable of getting a livelihood by reason of lameness, blindness, or other infirmities, and are proper objects of charity; and also to relieve the widows and children (such children being proper objects of charity as aforesaid) of such seamen as at the time of their death shall have been receiving or have been entitled to receive pensions, under and by virtue of this act, from the fund hereby to be created, as decrepit or worn-out seamen: Provided that no widow shall be entitled to any benefit under this act who shall not have been the wife of such seaman or pensioner before he became entitled to relief Seamen to pro- under the provisions of this act: Provided nevertheless, That no seaduce certificate man in the said service shall be entitled to any of the provisions or of the hurt they benefits of this act, on account of any hurt or damage he may have have received. received on board any ship or vessel, unless he shall produce or cause to be produced a certificate to the said president, assistants, and committees, of the hurt or damage he hath received, from the master, mate, boatswain, and surgeon, or so many of them as were in the ship or vessel to which such seaman belonged at the time of his receiving such hurt or damage, or of the master and two of the seamen if there be no other officer, or in case the master shall die, or be killed or drowned, then of the person who shall take upon him the care of the ship of vessel, and two of the seamen on board the same, under their hands and seals, thereby signifying how and in what manner such seaman received such hurt or damage, whether in fighting, defending, working, loading, or Parties signing unloading the said ship or vessel, where and when he entered, and how the certificate long he had served on board the same; and the parties so signing to make oath and sealing such certificate shall and are hereby required to make oath of the truth of the contents thereof before some one of his Majesty's of the truth thereof. |
