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Penalty on owner or master of a lighter, &c. for refusing to hire out such lighter, &c.
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XLIX. And be it further enacted by the authority aforesaid, That if the owner or owners, or master of any such lighter, boat or vessel, shall refuse to hire out such lighter, boat, or vessel, to be used or employed as aforesaid, to any person applying for the same, unless such lighter, boat or vessel shall, at the time of such application, be actually and bona fide engaged to some other person for the like purposes, the proof of which engagement shall rest upon and be made by such owners or masters respectively, every person so offending shall, for every such offence, being thereof convicted on a summary hearing before the said mayor, on the oath or oaths of one or more credible witness or witnesses, which oath or oaths the said mayor is hereby empowered to administer, or by the confession of the party or parties, forfeit the sum of ten pounds, to be levied by distress and sale of the offender’s goods and chattels, by warrant under the hand and seal of the said mayor; and in case the said owners or masters, or any other person having charge of such lighter, boat, or vessel, being so convicted, shall not have goods sufficient to answer such penalty, then it shall be lawful for the said mayor, by warrant under his hand and seal, to commit such offender to the gaol or house of correction aforesaid, there to remain without bail or mainprize for any time not exceeding three months.
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