506
may be
seized.
2o & 3o VICTORIÆ, Cap.47.
Force, with such Constables as he shall think necessary, at any Time between Sun-rising and Sun-setting, to enter any Ship, Boat, or Vessel (except Her Majesty's Ships) in the said River, Docks, and Creeks, and to search the same for unlawful Quantities of Gunpowder, and also to exercise the same Powers of seizing, removing to proper Places, and detaining all such unlawful Quantities of Gunpowder found on board any such Ship, Boat, or Vessel, and the Barrels or other Packages in which such Gunpowder shall be, as are given to Persons searching for unlawful Quantities of Gunpowder under the Warrant of a Justice by virtue of an Act passed in the Twelfth Year of the Reign of King George the Third, intituled An Act to regulate the making, keeping, and Carriage of Gunpowder within Great Britain, and to repeal the Laws heretofore made for any of those Purposes.
Penalty for having on board Guns loaded with Ball, or discharging Guns in the Night.
Penalty for heating combustible Matters on board of Vessels.
XXXVI. And be it enacted, That every Master or Commander or other Officer of any Ship, Boat, or Vessel (except Her Majesty's Ships) who, while such Ship or Vessel shall lie or be in the River Thames between Westminster Bridge and Blackwall, keep any Gun on board such Ship, Boat, or Vessel shotted or loaded with Ball, or cause or permit to be fired any Gun on board such Ship, Boat, or Vessel before Sun-rising or after Sun-setting, shall be liable for every Gun so kept shotted or loaded to a Penalty of Five Shillings, and for every Gun so fired shall be liable to a Penalty of Ten Shillings.
XXXVII. And be it enacted, That every Master or Commander or other Officer of any such Ship, Boat, or Vessel, or any other Person on board of the same, who while such Ship, Boat, or Vessel shall lie in the said River between Westminster Bridge and Blackwall, shall heat or melt, or cause or permit to be heated or melted, on board such Ship, Boat, or Vessel, any Pitch, Tar, Rosin, Grease, Tallow, Oil, or other combustible Matter, shall for every such Offence be liable to a Penalty not more than Five Pounds.
Penalty on keeping Fairs open within forbidden Hours.
XXXVIII. And be it enacted, That the Business and Amusements of all Fairs holden within the Metropolitan Police District shall cease at the Hour of Eleven in the Evening, and shall not begin earlier than the Hour of Six in the Morning; and that if any House, Room, Booth, Standing, Tent, Caravan, Waggon, or other Place shall, during the Continuance of any such Fair, be open within the Hours of Eleven in the Evening and Six in the Morning, for any Purpose of Business or Amusement, in the Place where such Fair shall be holden, it shall be lawful for any Constable to take into Custody the Person having the Care or Management thereof, and also every Person being therein who shall not quit the same forthwith upon being bidden by such Constable so to do; and the Person so then having the Care or Management of any such House, Room, Booth, Standing, Tent, Caravan, Waggon, or other Place shall be liable to a Penalty not more than Five Pounds, and every Person convicted of having been therein, and of not having quitted the same forthwith upon being bidden by a Constable so to do, shall be liable to a Penalty not more than Forty Shillings.
XXXIX. And
507
2o & 3o VICTORIÆ, Cap.47.
XXXIX. And be it enacted, That if it shall appear to the Commissioners of Police that any Fair usually holden within the Metropolitan Police District has been holden without lawful Authority, or that any Fair lawfully holden within the said District has been usually holden for a longer Period than is so warranted, it shall be competent to such Commissioners to direct One of the Superintendents belonging to the Metropolitan Police Force to summon the Owner or Occupier of the Ground upon which such Fair is usually holden to appear before a Magistrate at a Time and Place to be specified in the Summons, not less than Eight Days after the Service of the Summons, to show his Right and Title to hold such Fair, or to hold such Fair beyond a given Period (as the Case may be); and if such Owner or Occupier shall not attend in pursuance of such Summons, or shall not show to the Magistrate who shall hear the Case sufficient Cause to believe that such Fair has been lawfully holden for the whole Period during which the same has been usually holden, the Magistrate shall declare in Writing such Fair to be unlawful, either altogether or beyond a stated Period (as the Case may be); and the Commissioners shall give Notice of such Declaration by causing Copies thereof to be affixed on the Parish Church and on other public Places in and near the Ground where such Fair has been usually holden; and if, after such Notices have been affixed for the Space of Six Days, any Attempt shall be made to hold such Fair, if declared altogether unlawful, or to hold it beyond the prescribed Period if it shall be declared unlawful beyond a certain Period, the Commissioners of Police may direct any Constable to remove every Booth, Standing, and Tent, and every Carriage of whatsoever Kind, conveyed to or being upon the Ground for the Purpose of holding or continuing such Fair, and to take into Custody every Person erecting, pitching, or fixing, or assisting to erect, pitch, or fix any such Booth, Standing, or Tent, and every Person driving, accompanying, or conveyed in every such Carriage, and every Person resorting to such Ground with any Show or Instrument of Gambling or Amusement; and every Person convicted before a Magistrate of any of the Offences last aforesaid shall be liable to a Penalty not more than Ten Pounds.
On entering into Recognizance, Question as to Right of Title to be tried in the Queen's Bench.
XL. Provided nevertheless, and be it enacted, That if the Owner or Occupier of the Ground whereon any such Fair has been usually holden shall, when summoned before the Magistrate, enter into a Recognizance in the penal Sum of Two hundred Pounds (which Recognizance such Magistrate is hereby authorized to take), with Condition to appear in the Court of Queen's Bench on the First Day of the then next Term, and to answer to any Information which Her Majesty's Attorney or Solicitor General may exhibit against such Owner or Occupier touching his Right and Title to such Fair and to abide the Judgment of the Court thereon, and to pay such Costs as may be awarded by the Court, which Costs the said Court is hereby authorized to award, then, notwithstanding the Magistrate may have declared such Fair to be unlawful, the Commissioners of Police shall forbear from giving Notice of such Declaration, and from taking any further Measures thereon, until Judgment shall be given by the said Court against the Right and Title to such Fair; and the Magistrate taking
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may be
seized.
2o & 3° VICTORIÆ, Cap.47.
Force, with such Constables as be shall think necessary, at any Time between Sun-rising and Sun-setting, to enter any Ship, Boat, or Vessel (except Her Majesty's Ships) in the said River, Docks, and Creeks, and to search the same for unlawful Quantities of Gunpowder, and also to exercise the same Powers of seizing, removing to proper Places, and detaining all such unlawful Quantities of Gunpowder found on board any such Ship, Boat, or Vessel, and the Barrels or other Packages in which such Gunpowder shall be, as are given to Persons searching for unlawful Quantities of Gunpowder under the Warrant of a Justice by virtue of an Act passed in the Twelfth 12G.3.c.61. Year of the Reign of King George the Third, intituled An Act to regulate the making, keeping, and Carriage of Gunpowder within Great Britain, and to repeal the Laws heretofore made for any of those Purposes.
Penalty for having on board Guns louded with Ball, or dis- charging
Guns in the Night.
Penalty for
bustible Matters on board of
XXXVI. And be it enacted, That every Master or Commander or other Officer of any Ship, Boat, or Vessel (except Her Majesty's Ships) who, while such Ship or Vessel shall lie or be in the River Thames between Westminster Bridge and Blackwall, keep any Gun on board such Ship, Boat, or Vessel shotted or loaded with Ball, or cause or permit to be fired any Gun on board such Ship, Boat, or Vessel before Sun-rising or after Sun-setting, shall be liable for every Gun so kept shotted or loaded to a Penalty of Five Shillings, and for every Gun so fired shall be liable to a Penalty of Ten Shillings.
XXXVII. And be it enacted, That every Master or Commander heating com- or other Officer of any such Ship, Boat, or Vessel, or any other Person on board of the same, who while such Ship, Boat, or Vessel shall lie in the said River between Westminster Bridge and Blackwall, shall heat or melt, or cause or permit to be heated or melted, on board such Ship, Boat, or Vessel, any Pitch, Tar, Rosin, Grease, Tallow, Oil, or other combustible Matter, shall for every such Offence be liable to a Penalty not more than Five Pounds.
Vessels.
Penalty ou
keeping Fairs open
within for- bidden
Hours.
XXXVIII. And be it enacted, That the Business and Amuse- ments of all Fairs holden within the Metropolitan Police District shall cease at the Hour of Eleven in the Evening, and shall not begin earlier than the Hour of Six in the Morning; and that if any House, Room, Booth, Standing, Tent, Caravan, Waggon, or other Place shall, during the Continuance of any such Fair, be open within the Hours of Eleven in the Evening and Six in the Morning, for any Purpose of Business or Amusement, in the Place where such Fair shall be folden, it shall be lawful for any Constable to take into Custody the Person having the Care or Management thereof, and also every Person being therein who shall not quit the same forthwith upon being bidden by such Constable so to do; and the Person so then having the Care or Management of any such House, Room, Booth, Standing, Tent, Caravan, Waggon, or other Place shall be liable to a Penalty not more than Five Pounds, and every Person convicted of having been therein, and of not having quitted the same forthwith upon being bidden by a Constable so to do, shall be liable to a Penalty not more than Forty Shillings.
XXXIX. And
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2° & 3° VICTORIE, Cap.47. XXXIX. And be it enacted, That if it shall appear to the Com- Fairs within missioners of Police that any Fair usually holden within the Metro- the Metro-
politan Po- politan Police District has been holden without lawful Authority, or lice District that any Fair lawfully holden within the said District has been usually may be in- holden for a longer Period than is so warranted, it shall be competent quired into. to such Commissioners to direct One of the Superintendents belong- ing to the Metropolitan Police Force to summon the Owner or Occupier of the Ground upon which such Fair is usually holden to appear before a Magistrate at a Time and Place to be specified in the Summons, not less than Eight Days after the Service of the Sum- mons, to show his Right and Title to hold such Fair, or to hold such Fair beyond a given Period (as the Case may be); and if such Owner or Occupier shall not attend in pursuance of such Summons, or shall not show to the Magistrate who shall hear the Case sufficient Cause to believe that such Fair has been lawfully holden for the whole Period during which the same has been usually holden, the Mgis- trate shall declare in Writing such Fair to be unlawful, either alto- gether or beyond a stated Period (as the Case may be); and the Commissioners shall give Notice of such Declaration by cansing Copies thereof to be affixed on the Parish Church and on other public Places in and near the Ground where such Fair has been usually holden; and if, after such Notices have been affixed for the If declared Space of Six Days, any Attempt shall be made to hold such Fair, if unlawful, it shall be declared altogether unlawful, or to hold it beyond the pre- tooth, scribed Period if it shall be declared unlawful beyond a bertain Period, moved. the Commissioners of Police may direct any Constacle to remove every Booth, Standing, and Tent, and every Carriage of whatsoever Kind, conveyed to or being upon the Ground for the Purpose of holding or continuing such Fair, and to take into Custody every Person erecting, pitching, or fixing, or assisting to erect, pitch, or fix any such Booth, Standing, or Tent, and every Person driving, accom- panying, or conveyed in every such Carriage, and every Person resorting to such Ground with any Show or Instrument of Gambling or Amusement; and every Person convicted before a Magistrate of any of the Offences last aforesaid shall be liable to a Penalty not more than Ten Pounds.
nizance,
Fair may
&c.
XL. Provided nevertheless, and be it enacted, That if the Owner On entering or Occupier of the Ground whereon any such Fair has been usually
into Recog- holden shall, when summoned before the Magistrate, enter into a Re- Question cognizance in the penal Sum of Two hundred Pounds (which Recog- as to Right nizance such Magistrate is hereby authorized to take), with Condition of Title to to appear in the Court of Queen's Bench on the First Day of the e tried in then next Term, and to answer to any Information which Her Ma- the Queen's jesty's Attorney or Solicitor General may exhibit against such Owner Bench. or Occupier touching his Right and Title to such Fair and to abide the Judgment of the Court thereon, and to pay such Costs as may be awarded by the Court, which Costs the said Court is hereby autho- rized to award, then, notwithstanding the Magistrate may have declared such Fair to be unlawful, the Commissioners of Police shall forbear from giving Notice of such Declaration, and from taking any further Measures thereon, until Judgment shall be given by the said Court against the Right and Title to such Fair; and the Magistrate taking
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