No.CLXIII. vince of Lower Canada, or as relates to the powers and duties of such arbitrators, or to any award to be made by them, or to the payment of any sum by them awarded, or to the payment of duties made payable un der any Act or Acts of the province of Lower Canada on the importation of any goods wares or commodities into the said province.

9 Geo. IV. c. 86.

Isle of Man. Spirits imported into the Isle of Man.

Certificate for

Goods the Produce of the Isle

of Man.

Passengers.

Tonnage of Steam Vessels carrying Pas

sengers to and from Ireland.

6 G. 4. c. 125,

XXVII. And whereas one other of the said first-mentioned Acts was passed for regulating the trade of the Isle of Man, and it is expedient to amend [the said Act; be it therefore enacted, That no spirits or strong waters shall be imported into the Isle of Man, other than such and so much as may and shall be imported with the license of the Commissioners of Customs under the provisions of the said Act; and that this prohibition shall be obeyed and enforced in like manner as if the same were set forth in a certain schedule contained in the said Act, and denominated "Schedule of Prohibitions:" Provided always, that it shall be lawful for the said Commissioners to grant leave from time to time for the importation into the said island in reasonable quantities of perfumed or medicinal spirits.

XXVIII. And be it further enacted, That before any goods shall be shipped in the Isle of Man for exportation to the United Kingdom, as being the produce or manufacture of that island, proof shall be made by the written affidavit of some competent person, to the satisfaction of the collector and comptroller of the customs at the port of shipment, that such goods, describing and identifying the same, are the produce or the manufacture, as the case may be, of the said island, and in such affidavit shall be stated the name of the person by whom such goods are intended to be entered and shipped, and such person at the time of entry (not being more than one month after the date of such affidavit) shall make oath before such collector or comptroller, that the goods to be shipped in virtue of the entry are the same as are mentioned in such affidavit; and thereupon the collector and comptroller shall, on demand, give to the master of the ship in which the goods are to be exported a certificate of such proof of produce or of manufacture having been made in respect of such goods, describing the same, and setting forth the name of the exporter and of the exporting ship, and of the master thereof, and the destination of the goods; and such certificate shall be received at the port of importation in the United Kingdom, instead of the certificate of the governor lieutenant governor or commander in chief of the said island, required by one of the said first-mentioned Acts, intituled An Act for the general Regulation of the Customs.

XXIX. And whereas steam vessels according to their register tonnage afford greater accommodation for passengers than sailing vessels; be it therefore enacted, That for the purposes of an Act passed in the fourth year of His Majesty's reign, intituled An Act for regulating Vessels carrying Passengers between Great Britain and Ireland, every steam vessel which is of the register tonnage of one hundred and forty tons or upwards shall be deemed to be a vessel of two hundred tons at least.

[No. CLXIII.] 9 Geo. IV. c. 86.-An Act to amend an Act for the Amendment of the Law respecting Pilots and Pilotage, and also for the better Preservation of Floating Lights Buoys and Beacons.-[25th July 1828.]

WHEREAS by an Act passed in the sixth year of the reign of His

present Majesty, intituled An Act for the Amendment of the Law respecting Pilots and Pilotage, and also for the better Preservation of Floating Lights Buoys and Beacons, it is amongst other things enacted, that it shall and may be lawful for the lord warden of the Cinque Ports and constable of Dover Castle or his lieutenant for the time being, and they are thereby required, to appoint and license fit and competent persons duly skilled as pilots, for the purpose of conducting all ships and vessels, sailing navigating and passing from or by Dungeness, up the river

Thames and Medway, to London bridge and Rochester bridge, and all and every the several channels creeks and docks of the same, and from the south buoy of the Brake to the westward, as far as the west end of the Owers; and that all ships and vessels sailing navigating and passing as aforesaid, (save and except as therein-after provided,) shall be conducted and piloted, within the limits aforesaid, by such pilots so appointed and licensed, and by no other pilots or persons whomsoever: And whereas it is expedient that no person belonging to the society or fellowship of pilots of Dover Deal and the Isle of Thanet, commonly called Cinque Port pilots, should be allowed to take charge as a pilot of any ship or vessel in the river Thames above or to the westward of the public landing place at Gravesend, commonly called the Town Quay (except such pilots as having qualified themselves by actual survey of the river Thames above Gravesend previously to the passing of this Act, shall, after the passing of this Act and before the twenty-ninth day of September next, be expressly licensed, by the lord warden of the Cinque Ports or his lieutenant for the time being, for that purpose); 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 this present Parliament assembled, and by the authority of the same, That from and after the tenth day of August next, any person belonging to the said society or fellowship of Cinque Port pilots, (except such pilots as shall be expressly licensed as aforesaid,) who shall take charge as a pilot of any ship or vessel in the river Thames above or to the westward of the said public landing place at Gravesend aforesaid, and any person belonging to the said society or fellowship who shall take charge as a pilot of any ship or vessel in the river Medway westward of the Standgate creek, shall be deemed and taken to be acting out of the limits for which he is qualified, and beyond the extent of his qualification, and shall incur and become liable to all such and the same forfeitures and penalties as within or under the provisions of the said Act can or may be incurred by any pilot acting out of the limits for which he is qualified, or beyond the extent of his qualification; and which forfeitures and penalties shall be recovered and applied in the manner by the said Act prescribed.

No. CLXIII.

9 Geo. IV.

c. 86.

Cinque Port Pilots (except expressly li censed) not to take charge of

Vessels to the Westward of the public Landing Place at Gravesend, or Westwardof Standgate Creek.

PART III.

CLASS. III.

43 Eliz. c. 12. The Benefit en. suing by the Encouragement of Merchants,

3 Inst. 165. Stiles, 166.

A Policy of Assurance and the Benefit

coming thereby.

Insurance.

[No. I.] 43 Elizabeth, c. 12.-An Act concerning Matters of Assurances used among Merchants.

WHEREAS it ever hath been the policy of this realm by all good means to comfort and encourage the merchant, thereby to advance and increase the general wealth of the realm, Her Majesty's customs and the strength of shipping; which consideration is now the more requisite because trade and traffic is not at this present so open as at ' other times it hath been: And whereas it hath been time out of mind an usage amongst merchants both of this realm and of foreign nations when they make any great adventure, (especially into remote parts,) to 'give some consideration of money to other persons (which commonly are in no small number) to have from them assurance made of their goods, merchandizes, ships, and things adventured, or some part thereof, 'at such rates and in such sort as the parties assurers and the parties 'assured can agree, which course of dealing is commonly terined a policy of assurance; by means of which policies of assurance it cometh to pass upon the loss or perishing of any ship there followeth not the undoing of any man, but the loss lighteth rather easily upon many than heavily upon few, and rather upon them that adventure not than 'those that do adventure, whereby all merchants, especially of the younger sort, are allured to venture more willingly and more freely: And whereas heretofore such assurers have used to stand so justly and precisely upon their credits as few or no controversies have arisen thereupon, and if any have grown the same have from time to time 'been ended and ordered by certain grave and discreet merchants ap'pointed by the Lord Mayor of the city of London as men by reason of their experience fittest to understand and speedily to decide those causes, until of late years that divers persons have withdrawn themselves from that arbitrary course and have sought to draw the parties 'assured to seek their monies of every severa! assurer by suits com'menced in Her Majesty's courts to their great charges and delays:' For remedy whereof be it enacted by the authority of this present Parliament, That it shall and may be lawful for the Lord Chancellor or Lord Keeper of the Great Seal of England for the time being to award forth under the Great Seal of England one general or standing commission to be renewed yearly at the least and otherwise so oft as unto the said Lord Chancellor or Lord Keeper shall seem good for the hearing and determining of causes arising and policies of assurances such as now are or hereafter shall be entered within the office of assurances within the city of London, and where of no suit shall be depending the last day of this session of Parliament in any of Her Majesty's courts: which commission shall be Commissioners, directed to the Judge of the Admiralty for the time being, the Recorder 1 Shew, 396. of London for the time being, two doctors of the civil law and two common lawyers and eight grave and discreet merchants or to any five of them which Commissioners or the greater part of them which shall sit and meet shall have by virtue of this present Act full power and authority to hear, examine, order, and decree all and every such cause and causes

Commissions awarded to hear

and determine touching Policies of Assu

rances.

Who shall be

:

concerning policies of assurances in a brief and summary course as to their discretion shall seem meet without formalities of pleadings or proceedings.

No. I.

43 Eliz.

c. 12.

11. And be it further enacted by the authority aforesaid, That it shall be lawful for the said commissioners as well to warn any of the parties to come before them as also to examine upon oath any witness that shall The Commis be produced and to commit to prison without bail or mainprize any sioners authoperson that shall wilfully contemn or disobey their final orders or de- rity. crees: and that the said commissioners shall once every week at the least meet and sit upon the execution of the said commission in the office of the assurances or in some other convenient publick place by them to be assigned: and that no person by virtue of this Act may claim or exact any fee for any matter or cause concerning the execution of the said commission.

III. And be it further enacted by the authority aforesaid, That if any A Remedy for person shall be grieved by sentence or decree of the said commissioners the Party that such persons so grieved may at any time within two months of the grieved by the said decree so made exhibit his bill into the High Court of Chancery for Commissioners the re-examination of such decree; so as every person complainant, be- Decree. fore he shall exhibit any such bill do either execute and satisfy the said sentence so awarded, or at the least lay down in deposito with the said commissioners such sums of money as he shall be awarded to pay, and that upon so doing the said complainant shall be enlarged of his imprisonment: and that the Lord Chancellor or Lord Keeper for the time being shall have full power and authority by virtue of this Act upon every complaint made (in order as aforesaid) to reverse or affirm every such sentence or decree according to equity and conscience: And that the said Lord Chancellor or Lord Keeper in every such suit brought before him as aforesaid by such assurers and decreed against the said assurers shall award double costs to the party assured.

IV. Provided nevertheless, That no commissioner shall intermeddle in No Assurer or the execution of any such commission in any cause or matter of assurance Assured shall where himself shall be either a party assurer or assured in the same meddle in the assurance which is brought in question: nor that any commissioner Commission. (other than the said Judge of the Admiralty and the Recorder of London) Every Commisshall deal or proceed in the execution of any such commission before he sioner may act, have taken his corporal oath before the lord mayor and court of alder- having taken men of the city of London to proceed uprightly and indifferently between an Oath before party and party. the Lord Mayor.

[No. II. ] 13 & 14 Charles II. c. 23.—An additional Act concerning Matter of Assurance used amongst Merchants. WHEREAS by an Act of Parliament made in the three-and-fortieth 13 & 14 year of the reign of Queen Elizabeth of happy memory, intituled, Car. II. c. 23. 'An Act concerning Matters of Assurances used amongst Merchants; the 43 Eliz. c. 12. 'Parliament then taking into consideration by all good means to com'fort and encourage the merchants of this kingdom, thereby to advance and increase the wealth of this realm, her Majesty's customs and the 'strength of shipping, and for preventing of divers mischiefs in the said 'Act mentioned; it was enacted, That it should and might be lawful for Encouragement 'the Lord Chancellor or Lord Keeper of the great seal of England for the of Merchants 'time being to award forth under the great seal of England one general and Trade. 'or standing commission to be renewed yearly at the least, and other'wise so often as unto the Lord Chancellor or Lord Keeper should seem 'meet for the hearing and determining of causes arising on policies of 'assurance such as then were, or then after should be entered within the ' office of assurance of the city of London, which commission should be 'directed to the Judge of the Admiralty for the time being the Recorder ' of London for the time being two doctors of the civil law two common lawyers and eight grave or discreet merchants or any five of them; which commissioners or the greater part of them which should

No. II.

13 & 14 Car. II. c. 23.

Three Commis

ered to act.

sit and meet should have full power and authority to hear examine ' order and decree all and every such cause or causes in a brief and summary course, without formalities of pleadings or proceedings, with power to warn parties to come before them and to examine upon oath any witnesses that should be produced and to commit to prison any person that should wilfully disobey their final orders and decrees; and 'the commissioners to sit once weekly upon the execution of the said 'commission with a liberty in the said Act for any person grieved by any such sentence or degree to exhibit his bill in chancery for the re'examination of such sentence or decree as by the said Act, relation being thereunto had, more at large may appear: But forasmuch as by the said recited Act without five commissioners there cannot be a 'court, and without there be a court they cannot proceed in the execu⚫tion of their commission so much as to summon parties or witnesses to appear; and in case of neglect or refusal of any party or witness to ap'pear they have no power to punish the delay or contempt with costs or 'otherwise; and it is provided by the said Act, That not any commis⚫sioner other than the Judge of the Admiralty or the Recorder of London 'shall proceed in the execution of such commission before he hath taken his oath before the lord mayor and court of aldermen to proceed up'rightly and indifferently between party and party, which upon the ' renewing of the said commissioners often proves a great delay, there 'being so many commissioners to be sworn and the court of alderman 'not sitting at some times in the year when the said commissions have happened to be renewed: and although the said commissioners upon their final sentence have power to commit to prison any person ' that shall wilfully disobey their said sentences or decrees, yet they have no power to make any order against the ship or goods which commonly are the things assured; by which omissions for want of power given by the said Act the benefits intended by the said Act of Parliament are ⚫ much retarded, and the mischiefs by the Act endeavoured to be pre• vented much increased :'

II. For remedy whereof be it enacted and ordained, and it is hereby sioners empow- enacted and ordained by the King's most excellent Majesty, and by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, That from and after the four-and-twentieth day of June, which shall be in the year of our Lord one thousand six hundred sixty and two, it shall and may be lawful to and for the Lord Chancellor or Lord Keeper of the great seal of England for the time being to issue out yearly (or oftener if need require) one standing commission under the great seal of Englund, thereby empowering and authorizing the said commissioners or any three of them (whereof a doctor of the civil law, or a barrister at law of five years standing at the least to be always one), to meet and sit and make a court and proceed in all 1 Shower, 396. things in the execution of the said commission as before by the said Act any five might have done; and that the said commissioners or any such three of them as aforesaid be and hereby are empowered to summon parties and witnesses to appear; and in case of contempt or wilful delay in the witnesses upon the first summons and tender of reasonable charges, and in the parties upon their second summons, to punish the offenders by imprisonment or costs for such time and in such manner as shall be reasonable and according to the nature and quality of their offences; and that it shall and may be lawful to and for every such commissioner to proceed in the execution of the said commission, having first taken an oath before the lord mayor of the city of London for the time being only, Lord Mayor of to proceed uprightly and indifferently between party and party; and the London may said lord mayor is hereby authorized to give such oath; any thing in the administer the said Act to the contrary notwithstanding: and that no person shall proOath. ceed in the execution of the said commission before he be first sworn before the lord mayor of London for the time being to proceed uprightly and indifferently between party and party as formerly he should have been before the lord mayor and court of aldermen.

Costs.