The Express.
London, England, 1847-11-06 00:00:00

powers to the Watermen's Company. The act gave the Court
of Aldermen no power to make a law to bind the Waterrnen's
Company to grant a license to any freeman to navigate a
boat, and on the River Thamen—Mr. Ryland, contra, con-
tended that the 33:h section gave the power to the corpora-
tion to tix the number of persons which each boat, according
to her burden and measurement, should carry ,• and that in
calling on the Watennen's Company to put that power in
force it did not delegate its power, it being merely arecogni-
tion of the by-law ; and the act clearly gave the mayor and
corporation power to authorise the company to grant
a license, and also to regulate the number of passengers.—
The Recorder said this objection presented more difficulty
than the points before involved, but looking at the act, he
was of opinion that it gave the corporation the power of
making such a by-law, and that the act meant that the cor-
poration should carry out the general principles given to
them by the 3Sth section. It was necessary for the safety of
her Majesty's subjects that such a power should be vested in
the mayor and corporation, and having that power they were
fully authorised to call upon the Watermcn's Company to
carry out the powers so vested in them by the act —Mr.
Bramwell said he had another objection to urge —that
while he admitted that by the 57th section the corporation
could make • bylaw .to inflict reasonable penalties and
forfeitures, it had no power to compel the payment
of a shilling for a license to enable the parties to work
or navigate a boat, eke., on the river Thames. The
demand of the shilling was to all intents the levying of a tax
—Mr. Huddlestone, who was in another case, said the point
had been argued before Mr. Serjeant Adams on Thursday,
who bad reserved his decision. It was clearly established
that the corporation could not make themselves tax-
masters.—The Recorder observed that the fee could
not be taken in the light of • tax, but towards the
expenses incurred in putting the act in operation—Mr.
Bramwell said, on this point he should wish to raise a ques-
tion, for they were compelled by this tax to take a license
for working a boat —The Recorder : They say that you shall
take a license if you work a vessel. They do not compel you
to work it, but if you think proper so to do, you must take a
license—Mr. Bramwell said, the only way by which the
question could be raised would be to quash the con•
viction, for the appellant bad no power to go to the
Queen's Bench on it, while the respoadents had.—
Mr. Ryland said he should object to such a eouree.—The
Recorder wished to know whether the representatives of
the various steamboat companies had urged any of these ob-
te 'one when the by-laws were before Mr. Baron Platt to
allowed.—Mr. Rylaad : The learned baron invited the
whole world to attend, observing that the public was deeply
interested in having these by-laws carried out. Mr. Pea-
cock appeared, and objected to them, and it was not until
after the most mature deliberation they were allowed.—Mr.
Bramwell said he had but one more objecti, n to urge, which
was, the conviction did not specify when the particular trip
took place, and it also charged the appellant with being unlaw-
fully in command; both of which points were overruled.—The
Recorder said that he was very glad that his attention had,
by the lengthened and ingenious arguments of the learned
counsel been called to the subject, for it was one of the
deepest importance to the public ; for, unless some regula-
tions with regard to the steam-boats existed, that lives
would be constantly placed in jeopardy. That, upon a
general principle, he considered that the corporation pos-
sessed full powers to make the by-laws ; that they could
command the Watermen's Company to carry them out ; and
that they were fully empowered to claim Is. for the license
and 2s. 6d. for the registering and numbering of a boat.
With regard to the setting out the specific trip, that was not
necessary, for the offence took place on any part ; and, if the
boat was an unlicensed one, then the person in command
committed an unlawful act. Entertaining this view, the
conviction must be confirmed.—The conviction in several of
the other cases was then agreed to.