of the faid river, port, and haven, from whence fome benefits and advantages have arofe; and in order to have more effectually cleanfed, fcoured, and preferved the fame, the faid commiffioners propofed and intended to have lengthened the faid pier, and also to have built a pier or piers, key or keys, wall or walls, jettee or jettees, on the north fide of, and to have made and done other works near the mouth of the faid river, port, or haven; but the money arising from the duties laid and made payable by the faid first mentioned act, not being fufficient to make and perform fuch additional works within the term by the faid former acts limited, the mouth of the faid river, port, or barbour, for want thereof, is still very much choaked by fand thrown up, and brought into, and lodged in the faid harbour by the fea; and alfo by means of great banks of sand, gravel, rubbish, and other grofs matter washed and brought down to, and lodged in the fame, by land floods, and other accidents; and also by throwing ballaft, coal afbes, rubbish, and other grofs matter within the faid river, port, or barbour; and by the irregular and low building, and want of repairing of wharfs, faiths, and keys, on or near the faid river; but more efpecially for want of fuch pier or piers, key or keys, wall or walls, jettee or jettees, at or near the mouth of the faid river, port, or haven to fcour and cleanse the fame, fo that the depth of water at the mouth of the faid river is not yet fufficient for loaden ships and veffels to come into, or go out of, the fame, whereby the navigation and trade of and in the faid river, port, or haven, is very much prejudiced, bindered, and obstructed: and whereas the lengthening the prefent pier, and erecting and building a pier or piers, key or keys, jettee or jettees, and making and performing other works at or near the mouth of, and on other convenient parts of the faid river, will be a means of deepening, cleansing, and rendering the fame more navigable; and the preventing ballaft, coal afbes, fiones, fand, rubbish, and other grofs matter, being washed into the faid river, port, or baven, and the removing and preventing other the abufes and inconveniencies aforesaid, will be a means of preferving the faid river, part, or haven, fo that, at all times thereafter, loaden ships or vessels of a confiderable burden may ride in, and fail into, and out of, the Jame, at all tides; which will be a means of reducing and keeping low the prices of coals at London, and other the delivering-ports within this kingdom, and will very much tend to the encouragement and increase of navigation and trade; which faid undertaking and works, to finish and complete the fame, will coft a very confiderable fum of money to the end therefore that the faid river, port, and haven of Sunderland aforefaid may be further improved, and the faid pier already built, lengthened, and fuch other pier or piers, key or keys, jettee or jettees, and other works may be erected, built, made, and performed, as at any time hereafter thall, by the commiffioners hereby or hereafter to be appointed, be adjudged for the advantage or improvement of the faid river, port, or haven; and that the fame may be preferved and kept in repair; may it please your Majesty, that it may be enacted, &c. Commiffioners appointed for 21 years. Not less than 7 commiffioners to be at a meeting. Commiffioners impowered to remove and appoint offi

cers.

Su 8 East 113.

Differences

between ma

cers. No commiffioner to hold any of the offices. In cafe of death or incapacity new commiffioners to be chofen. Commiffioners may purchase or take leafes of lands, &c. and lengthen and erect piers, &c. on fuch lands, &c. and employ workmen, and keels, &c. to remove obstructions; provided no grounds, &c. are damaged, nor the highway from Monk Wearmouth to Whitburne stopped. Commiffioners to determine all differences. River to be made navigable between Biddick ford and Newbridge. Commiffioners, in cafes of abuses, &c. to fummon the perfons complained of. Jury to enquire into the offences. Commiffioners, on the jury's verdict, to order perfons offending to remove obftructions, &c. on penalty of 51. per month. Landlords, when ordered to remove obstructions, not to be guilty of trefpafs, &c. Indictments in cafes of nufances, &c. may be preferred as before this act paffed. Penalty on perfon offending by emptying rubbish, not to exceed 51. Perfons emptying rubbish, &c. from one velfel to another, &c. to have proper ftages, or port fails. The coal owners fhall pay any fum not exceeding 1 d. 2q. for every chaldron, during 21 years, brought down for them to the river; and in proportion for any greater or lefs quantities. The fitters not exceeding 2q. Commiffioners impowered to borrow money on the duties. Works erected by this act, becoming ruinous, not to be deemed nufances. Commiflioners may make by-laws, &c. to be approved of by the juftices; and to be in force till re pealed by the commiffioners, &c. Saving claufe in favour of the bishop of Durham, and of the owners of ferry-boats, &c.

CAP. XIX.

An act for the better adjusting and more eafy recovery of the wages of certain fervants; and for the better regulation of fuch fervants, and of certain apprentices.

WHEREAS the laws now in being, for the better regulation

of fervants, and for the payment of wages to them, and to artificers, handicraftsmen, and labourers, are infufficient and defective: for remedy whereof, be it enacted by the King's most excellent majesty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That from and after the twenty fifth day of March, which will be in the year of our Lord one thousand feven hundred and forty feven, all complaints, differences, and disputes, which fhall happen or arise between + Extended sters and cer- mafters or mistreffes, and fervants in husbandry, who shall be hired 319:2.e.tain fervants, for one year, or longer, or which fhall happen or arife between to hiring fato be deter. x mafters and miftreffes, and artificers, handicraftsmen, miners, colLife the mined by a Year. justice of liers, keelmen, pitmen, glassmen, potters, and other labourers employed for any certain time, or in any other manner, fhall be heard and determined by one or more justice or justices of the comployed by an attly to kupeace of the county, riding, city, liberty, town corporate, or posson of abuse goods si place, where fuch mafter or mistress fhall inhabit, although no under a fi fa: not within rate or affeffment of wages has been made that year by the juftices Stat 1-4 B.tc. 536. of the peace of the fhire, riding, or liberty, or by the mayor, bailiffs, or other head officer, where fuch complaints fhall be made, or where fuch differences or difputes fhall arife; which faid justice or juftices is and are hereby impowered to examine upon oath, any fuch fervant, artificer, handicraftsman, miner, collier, keelman, pitman, glaffman, potter, or other labourer, and make or- or any other witness or witneffes, touching any fuch complaint, difference or difpute, and to make fuch order for payment of fo

peace where

the mafter re

a person fides.

Juftices to ex

amine fer-
vants, &c.
upon oath,

der for pay

ment of wages

the

much

much wages to fuch fervant, artificer, handieraftfman, miner, due, if under a certain fum, collier, keelman, pitman, glaffinan, potter, or other labourer, as to fuch justice or juftices thall seem just and reasonable, provided that the fum in queftion do not exceed ten pounds with regard to any fervant, nor five pounds with regard to any artifi cer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or labourer; and in case of refusal or nonpayment On nonpayof any fums fo ordered, by the space of one and twenty days ment, to be next after fuch determination, fuch jufiice and justices fhall and levied by distress and sale. may iffue forth his and their warrant to levy the fame by distress and fale of the goods and chattels of fuch mafter or mistress, or perfon employing fuch artificer, handicraftsman, miner, collier, keelman, pitman, glaffman, potter, or other labourer, render ing the overplus to the owners, after payment of the charges of fuch diftrefs and fale.

ment of

II. And be it further enacted by the authority aforefaid, That Juftices to hear it shall and may be lawful to and for fuch juftice or juftices, up- mafters comon application or complaint made, upon oath, by any mafter, plaints on oath; mistress, or employer, against any such servant, artificer, handicraftsman, miner, collier, keelman, pitman, glassman, potter, or labourer, touching or concerning any misdemeanor, mifcarriage, or ill-behaviour, in fuch his or her service or employment (which oath fuch juftice or juftices is and are hereby impowered to administer) to hear, examine, and determine the fame; and and to punish to punish the offender by commitment to the house of correction, the offender there to remain and be corrected, and held to hard labour for a by commitreasonable time, not exceeding one calendar month, or other- ment, abatewife by abating fome part of his or her wages, or by difcharging wages, or dif fuch fervant, artificer, handicraftiman, miner, collier, keelman, million. pitman, glaffinan, potter, or labourer, from his, her, or their fervice or employment: and in like manner also it shall and may Juftices to be lawful to and for such justice or justices, upon any complaint hear servant's or application, upon oath, by any such servant, artificer, handi- complaints on craftsman, miner, collier, keelman, pitman, glassman, potter, or other labourer, against fuch mafter, mistress, or employer, touching or concerning any misusage, refusal of neceffary provision, cruelty, or other ill-treatment of, to, or towards fuch fervant, artificer, handicraftsman, miner, collier, keelman, pitman, glaffman, potter, or other labourer, and to fummon fuch mafter, and to fum. mistress, or employer, to appear before fuch juftice or juftices, mon the mas at a reasonable time to be prefixed in fuch fummons; and fuch fter, &c. juftice or justices fhall and may examine into the matter of fuch complaint, whether fuch mafter, mistress, or employer shall appear, or not; proof being made, upon oath, of his or her being duly fummoned; and upon proof thereof made, upon oath, to and upon sahis or their fatisfaction, to difcharge fuch fervant, artificer, handi- tisfactory craftsman, miner, collier, keelman, pitman, glassman, potter, charge the proof, to dif or other labourer, of and from his faid fervice and employment; fervant. which discharge shall be given under the hand and feal, or hands and feals, of fuch juftice or juftices gratis.

III. And be it further enacted by the authority aforefaid,
VOL. XIX,

E

That

oath,

certain apprentices,

Juftices upon That it fhall and may be lawful to and for any two or more fuch complaint of juftices, upon any complaint or application by any apprentice put out by the parish, or any other apprentice, upon whose binding out no larger a fum than five pounds of lawful British money was paid, touching or concerning any mifufage, refufal of neceffary provifion, cruelty, or other ill-treatment of or towards fuch apprentice, by his or her mafter or mistress, to summon fuch master or mistress to appear before fuch juftices at a reasonable time to be named in fuch fummons; and fuch juftices fhall and may examine into the matter of fuch complaint; and upon proof thereof made, upon oath, to their fatisfaction (whether the mafter or mistress be present or not, if fervice of the fummons charge the ap- be alfo, upon oath, proved) the said justices may discharge fuch apprentice, by warrant or certificate under their hands and feals; for which warrant or certificate no fees fhall be paid.

to fummon

the master, &c.

and upon fatisfactory proof, to dif

prentice.

Juftices upon complaint of

maiters against ap. prentices,

IV. And be it further enacted by the authority aforesaid, That it fhall and may be lawful to and for fuch juftices, upon application or complaint made, upon oath, by any mafter or mistress, against any fuch apprentice, touching or concerning any misdemeanor, mifcarriage, or ill-behaviour, in fuch his or her service (which oath fuch juftices are hereby impowered to adminifter) to hear, examine, and determine the fame, and to punish the offender by commitment to the house of correction, there to remain and be corrected, and held to hard labour for a reasonable commitment, time, not exceeding one calendar month, or otherwife by difcharging fuch apprentice, in manner and form before mentioned.

and proof up

on oath,

to punish the offender by

&c.

Perfons aggrieved may appeal. Exception.

Cofts not to exceed 40s.

No writ of
Certiorari.

Stannaries not included.

V. Provided neverthelefs, That if any person or perfons fhall think himself, herself, or themfelves aggrieved by fuch determination, order, or warrant of fuch justice or juftices as aforefaid (fave and except any order of commitment) he, she, or they may appeal to the next general quarter feffions of the peace to be held for the county, riding, liberty, city, town corporate, or place where fuch determination or order fhall be made; which faid next general quarter feffions is hereby impowered to hear and finally determine the fame, and to give and award fuch cofts to any of the respective perfons, appellant or refpondent, as the faid feffions fhall judge reasonable, not exceeding forty fhillings; the fame to be levied by distress and sale in manner before mentioned.

VI. Provided alfo, and be it further enacted by the authority aforefaid, That no writ of Certiorari, or other process, fhall iffue or be iffuable to remove any proceedings whatsoever, had in pursuance of this act, into any of his Majefty's courts of record at Westminfter.

VII. Provided always, That nothing in this act contained fhall extend to the ftannaries in the counties of Devon and Corn27 Geo.2. c. 6. wall..

CAP.

CAP. XX.

An alt for relief of fuch of his Majesty's loyal fubje&ts, in that part of Great Britain called Scotland, whofe title deeds and writings were deftroyed or carried off by the rebels in the late rebellion.

WH

HEREAS a moft audacious and wicked rebellion was lately raifed and carried on against his Majesty in favour of a popish pretender, and in profecution thereof many perfons affembled in a traiterous and hoftile manner, marched into feveral parts of this kingdom, took poffeffion of several towns, and raised contributions upon the country, and committed many ravages and devaftations upon the eftates and effects of his Majefty's faithful fubjects, in fupport of their rebellious infurrection; and in that part of Great Britain called Scotland, proceeded in a malicious, cruel, and barbarous manner, against feveral of his Majefty's fubjects, who diftinguished themselves by their zeal and loyalty to his Majesty's perfon and government at that critical juncture, by deftroying or carrying off the rights and fecurities of their lands and heretages, and by deftroying or carrying off their other writs and evidents, the inftructions of the payment, and extinction of the debts and incumbrances, affecting their perfons and eftates, to the ruin of his Majefty's faid loyal fubjects, and of their families and pofterity, and to the difcouragement of the like zeal and loyalty to his Majesty, and his royal fucceffors in future times, unless a proper remedy is provided by authority of parliament; be it therefore enacted, &c.

Perfons in Scotland, who continued in their duty to his Majefty, and whofe houses were invaded by the rebels, may on or before 1 July, 1750. petition the court of feffion. The court of feffion to intimate the fame; and fummon perfons interested. Execution of fummons to be recorded. The day of compearance elapfed, the court to take probation of the facts. Petitioner's oath to be taken. Original petitioner dying, the oath of his beir to be admitted. Lords of the feffion, upon proof of the premiffes, to decern the extracts of the charters, &c. to be valid as the originals. Court of feffion to make up the tenor of the difpofitions upon which the petitioner's infeftments proceeded, &c. Extracts of the charters, &c. authorized by the lords of feffion to be good in law. Perfons interested may object to the authorizing the extracts, &c. Claims to his Majefty, or any other perfons, preceding Auguft, 1745, against the perfon, or eftate of any loyal fubjects, whofe dwelling-houfes were invaded by the rebels, and whofe writs were carried off or destroyed, upon which no procefs has been already commenced, or (hall not be brought on or before the 15th of 'November, 1748, are difcharged, unless the claim be proved by the oath of the defendant. Determinations to be recorded. Amended by 21 Geo. 2. 6. 17.