1 & 2 Geo. IV. c. 75.

Notice.

2. Assisting,&c. at the general quarter sessions holden for the county, city, or place wher Ships in Dis- the matter of appeal shall arise, first giving ten days' notice of such appea tress, &c. to the person or persons appealed against, and of the matter therect and entering into a recognizance before some justice of the peace for suc county, city, or place, with two sufficient sureties, conditioned to try suc appeal, and for abiding the determination of the court therein; and suc Proof of notice. justices at the general quarter sessions shall, upon due proof of suc notice having been given and recognizance entered into, hear and deta mine the matter of such appeal, and may either confirm or quash a annul the said conviction, and award such costs to either party as to the shall seem just and reasonable, and the decision of the said justictherein shall be final, binding, and conclusive; and no proceeding to had or taken in pursuance of this act shall be quashed or vacated for wan No certiorari, &c. of form only, or be removed by certiorari or any other writ or proce whatsoever, into any of his majesty's courts of record at Westminster elsewhere; any law or statute to the contrary thereof in anywise not withstanding." [See also the 49 Geo. III. c. 122, s. 21.]

Decision final.

Inhabitants com

Sect. 21. Provided, "That the inhabitants of any parish, township, c petent witnesses. place, shall be deemed and taken to be competent witnesses, for the pur pose of proving the commission of any offence against this act, within t limits of such parish, township, or place, notwithstanding the penalty in curred by such offence or any part thereof is or may be given or app cable to the poor of such parish, township, or place, or otherwise for benefit or use, or in aid or in exoneration of such parish, township, o place." [See also the 49 Geo. III. c. 122, s. 22.]

Offences tried in county where articles found, or

if sold in foreign parts, where of fenders reside.

Proviso for 48

Geo. III. c. 130

and for 48 Geo. III. c. 104.

Reservation of rights of High Court of Admiralty, &c.

Sect. 22. "All felonies, misdemeanours, and other offences under th act, shall and may be laid to be committed, and shall be tried in any city or county (being a county) where any such article, matter, or thing, r relation to which such offence shall have been committed, shall have be found in the possession of the person committing the offence; or if th same shall have been sold in foreign parts, then in the county or place r which the person selling the same shall reside." [See also the 49 Geo III. c. 122, s. 23.]

Sect. 23. Provided, "That nothing in this act contained shall exten or be construed to extend to or be in force within the limits specified an directed in an act passed in the forty-eighth year of the reign of his late majesty, intituled, An Act for preventing the various Frauds and De predations committed on Merchants, Shipowners, and Underwriters, by Boatmen and others, within the Jurisdiction of the Cinque Ports; an also for remedying certain Defects relative to the Adjustment of Salvat under a Statute made in the Twelfth Year of the Reign of Her late Majesty Queen Anne;' or in any manner to affect any of the provisions of the said act; but the said recited act shall remain in full force, with the limits therein specified, as if this act had not been passed: Provided also, that nothing in this act contained shall extend or be construed to extend to repeal, take away, or alter any of the clauses, powers, or provi sions contained in an act of parliament made in the forty-eighth year of the reign of his late majesty, intituled, 'An Act for the better Regulation of Pilots, and of the Pilotage of Ships and Vessels navigating the British Seas; but that the said act shall remain in full force as if this act had not been passed."

By sections 24 and 25, this act is not to extend to take away, abridge. prejudice, or impeach, in any manner whatever, the jurisdiction of the Admiralty Court of England, or of the Admiralty Court of the Cinque Ports, two ancient towns and their members, or of the Admiralty Court of the borough of Great Yarmouth, in Norfolk, or of the Admiralty Court of the borough of Dunwich, in Suffolk, or of the Admiralty Court of the borough of Southampton, in Hants, or of the Admiralty Court of the borough of Southwold, in Suffolk, or of the Admiralty Court of the borough of Lynn Rights of crown, Regis, in Norfolk; nor to deprive or in any ways prejudice the rights of his majesty, or any patentee or grantee of the crown, or any lord or lords,

and of lords and ladies of manors.

or lady or ladies, or any manor of manors whatsoever. [See also the 49 2. Assisting,&c. Geo. III. c. 122, ss. 26, 27.]

1 & 2 Geo. IV.

Chartered admi

not to lay claim

*Sic. in act.

Ships in DisBut 5 & 6 Will. IV. c. 76, s. 108, abolishes chartered admiralty juris- tress, &c. dictions, with the exception, however, of the jurisdiction and office of the lord warden, in his office of admiral of the Cinque Ports. [See further, c.73. title "Corporations,” Vol. I.] Sect. 26. "That no lord or lady of any manor, or other person who may ralty jurisdiction be entitled to, or claim to be entitled to, wreck of the sea, or to any goods abolished. found jetsam, flotsam, or lagan,* shall be entitled to appropriate such Lords of manors wreck or goods to his, her or their own use, or otherwise to dispose to wrecks till thereof, until he, she, or they shall have caused a report thereof in report made to writing to be given to the deputy vice-admiral of that part of the coast admiral of the the deputy vicewhere the same shall have been stranded, wrecked, or found, or to his coast. &c. agent; or, if there shall be no such deputy vice-admiral or agent residing within the distance of fifty miles, then to the corporation of the Trinity House of Deptford Strond; which report shall contain an accurate and particular description of the wreck or goods found, and of the place or places and time or times where and when the same may have been found, and of any marks that may be thereon, and of such other particulars as may the better enable the owner or owners thereof to recover the same, and also of the place or places where the same are deposited and may be found and examined by any person claiming any right to such wreck or goods, nor until the full expiration of a year and a day after the delivery of sach notice, anything in any law to the contrary notwithstanding; and Deputy vice adthe deputy vice-admiral or agent aforesaid shall within forty-eight hours miral to transmit after receiving such report as aforesaid, transmit a copy thereof to the a copy of report to secretary of secretary of the corporation of the Trinity House of Deptford Strond, Trinity House. apon pain of forfeiting for any neglect to transmit such account as aforesed, the sum of 50%. to any person who will sue for the same; and the said secretary shall cause such account to be placed in some conspicuous tuation, for the inspection of all persons claiming to inspect and examine

the same: Provided always, that nothing herein contained shall extend, Proviso for 52 er be construed to extend, to repeal or in any manner to affect any of the Geo. III. c. 159, provisions of an act passed in the fifty-second year of his late majesty, intituled An Act for charging Foreign Liquors and Tobacco, Derelict, Jetsam, Flotsam, Lagan, or Wreck, brought or coming into Great Britain, with the Duties payable on Importation of such Liquors and Tobacco." " See also the 52 Geo. III. c. 159; 53 Geo. III. c. 87, s. 2.]

consent of a jus

Sect. 27. "When any goods which shall be found or taken possession Perishable goods of by any lord or lady of any manor, or person entitled or claiming to be may be sold, with entitled to wreck of the sea, or to goods found flotsam, jetsam or lagan, or tice. his or her agent or servant, or by any vice-admiral, or his deputy or agent, or by any officer or other person whatsoever acting by or under the authority of this act, or of an act passed in the present session of parliament, intituled An Act to continue and amend certain Acts for preventing Various Frauds and Depredations committed on Merchants, Shipowners, and Underwriters, by Boatmen and others within the Jurisdiction of the Cinque Ports,' shall be of so perishable a nature, or so much injured or damaged, that the same cannot be kept, then and in every such case such goods shall and may, at the request of any of the persons interested or concerned therein, or in the saving and preserving thereof, by and with the consent and approbation of some justice of the peace, not interested or concerned in the same, or in the saving or preserving thereof, and in the presence of such justice, or of some person for that purpose specially appointed by such justice, be sold by public auction or private contract, as such justice may direct by some writing under his hand, which writing shall contain an accurate and particular account of the goods, and of the marks that may be thereon, or other particulars belonging thereto, and of the times and places of the finding and intended sale thereof; and the Money to be demoney raised by such sale, after defraying the reasonable expenses of the posited in hands sale, to be settled and allowed by such justice, shall be deposited and &c.

of lord of manor,

1 & 2 Geo. IV. c. 75.

2. Assisting,&c. remain in the hands of the lord or lady of the manor, or other person, Ships in Dis- deputy vice-admiral, who would have received the custody of the goo tress, &c. so sold, to abide and be subject and liable to the claims of all persons, like manner as the goods themselves would be subject and liable, if r maining unsold: Provided always, that all persons required to transi reports to the deputy vice-admiral of the finding of any goods, shall. case of any such sale as last aforesaid, likewise transmit to such deput vice-admiral an account of such sale, and of the proceeds thereof; an the said deputy vice-admiral shall forward such reports to the secretar of the Trinity House of Deptford Strond, within the like periods an under and subject to the like penalties and forfeitures for any negle therein, as in cases of any goods found and required to be reported und the provisions of the said recited act and this act." [See also the 53 Ge III. c. 87, s. 3; and 1 & 2 Geo. IV. c. 76, post, p. 467.]

Account of sale transmitted to

deputy vice-admiral, who is to

forward reports

to secretary of Trinity House.

Goods saved from

vessels wrecked, to be forwarded, to the ports of their original destination.

Deputy vice-admiral, &c., with

carriages, may pass over private lands near the

coast where the vessels are

preservation of the wreck, &c.

Sect. 28. "It shall and may be lawful to and for the commissioners customs and excise, and they are hereby required, to permit all good wares, and merchandize saved from any vessel or vessels stranded wrecked on their respective homeward voyage, to be forwarded to th port or ports of their original destination; and also to permit goods, ware and merchandize saved from any vessel or vessels stranded or wrecked: their respective outward voyage, to be returned to the port or ports which the same were shipped; but such commissioners are to take secu rity for the due protection of the revenue in respect of such goods, wars and merchandize."

Sect. 29. "It shall be lawful for the deputy vice-admiral of the part c the coast where any ship or vessel shall be stranded or wrecked, or wher any wreck of the sea or goods shall be cast on shore, and for his agen and also for the owner or master of any such ship or vessel, and for th owners of any such goods, or of any part thereof, and for any officer wrecked, for the the customs or excise, and other officer, and for all persons whatsoeve employed or acting in aid of, or in the assisting of any such deputy vic admiral, officer, master, or owner as aforesaid, in the saving or recoverin any such ship, or vessel, or the cargo, stores, tackle, or other article belonging to the same, or the preserving the lives of the crew or person belonging thereto, or of any wreck as aforesaid, to pass and repass wit their horses, carts, carriages, or servants, over any lands near to the pa of the sea-coast where such vessel shall be so wrecked or stranded, or which such wreck shall be cast, without interruption or obstruction b the owner or occupier thereof, for the purpose of rendering assistance: saving, recovering, and preserving any such ship or vessel, or goods o stores, or any cables, anchors, spars, masts, cordage, or other tackle o articles belonging to any ship or vessel, or for saving or otherwise assist ing in preserving the lives of the crew, or of any persons on board of an such ship or vessel, or for the taking possession of, and securing for ti. benefit of the owners thereof, of any wreck or goods, or other things cas on shore, or found on shore, or found near thereto, provided there shal be no road by which the parties may pass and repass with as much con venience and expedition as over such lands; and also to place any planks timber, or any part of the wreck, or any goods or stores removed or saved from any such ship or vessel, or any other wreck or goods as aforesaid upon any such land for a reasonable time, until they can be removed t some warehouse or safe place of deposit, making compensation to the occupier of such lands for any damage done by the means aforesaid, which compensation shall be a charge upon the wreck or goods in respect where the damage may be done, in like manner as salvage; and in case the If disagreement, parties cannot agree as to the amount thereof, then the same shall be ascertained and settled by two justices of the peace, or of a third person to be named by them, in such manner and within such times as the amount of salvage is directed to be ascertained and settled by the said recited act in the forty-ninth year of his said majesty's reign." ́[See also the 53 Geo. III. c. 87, s. 4.]

if no other fit road.

Compensation to

occupiers.

two justices to settle it.

* Sic.

1 & 2 Geo. IV.

c. 75.

Sect. 30. "That if any owner or occupier of any land or premises, over 2.Assisting, &c. which any person is authorized by this act to pass and repass, for any of Ships in Disthe purposes in this act before mentioned, shall interrupt, impede, or tress, &c. hander any such person from passing over his land or premises, with horses, carts, carriages, and servants, for the purposes in this act before mentioned, or any or either of them, by locking his gates, or refusing Refusing persons upon request to open the same, or otherwise, or shall obstruct or hinder so employed to the placing any wreck, goods, stores, or other articles upon his land, or pass over lands, shall prevent their remaining there for a reasonable time, until the Fame can be removed to some warehouse or safe place of public deposit, nch occupier shall forfeit and pay to any person who will sue for the we, the sum of 100l., to be recovered by action of debt." [See also the 53 Geo. III. c. 87, s. 5.]

&c.

questions of

Sect. 31. "That any question in relation to salvage of any ship or vessel, Jurisdiction of or of any goods, which shall be performed between high and low water- courts respecting mark, shall be and be deemed to be within the jurisdiction or cognizance salvage. of the High Court of Admiralty, or of his majesty's courts of record at Westminster; anything in any act or acts of parliament to the contrary notwithstanding." [See also the 53 Geo. III. c. 87, s. 6.]

done by a foreign

arrested until

fendant in any

Sect. 32. "That in every case in which any damage shall be done by In case of damage any foreign ship or vessel to any British ship or vessel, barge, boat, or vessel in harbour, other craft, or any buoy or beacon, in any harbour, port, river, or creek, &c., judge may and it shall appear on a summary application, made to any judge of any canse vessel to be of his majesty's courts of record at Westminster, or to the judge of the owners, &c. unHigh Court of Admiralty respectively, that such damage or loss has pro- dertake to apJably been sustained or arisen by the misconduct or negligence of the pear and be demaster or mariners of such foreign ship or vessel, then and in such case action. shall be lawful for such judge to cause such foreign ship or vessel, being in any harbour, port, river, or creek, to be arrested and detained, und the master, or owner, or consignee, or some agent of the owner, master, or consignee of such ship or vessel, shall undertake to appear and defendant in any action which may be brought for such loss or damage, and give such sufficient security, by bail or otherwise, for all costs and damages, if recovered, as shall be directed and ordered by such judge, if tshall, upon the trial of such action or suit, appear that such loss or damage shall have arisen from such negligence or misconduct as aforesaid; and in such action or suit the person giving security shall be made defendant and shall be stated to be the owner of the foreign ship or vessel ing such damage; and it shall not be necessary in any such action or at to give any other evidence of the liability of such person to such action or suit, than the production of the order of the judge, made in relation to such security as aforesaid." [See also the 53 Geo. III. c. 87, 8.7.]

coverable.

Sect. 33. "That all penalties and forfeitures above the sum of 207., or Penalties how rewhich by this act, or by an act passed in the present session of parliament, ituled, 'An Act to continue and amend certain Acts for preventing the Various Frauds and Depredations committed on Merchants, Ship Owners, and Underwriters, by Boatmen and others, within the Jurisdiction of the Cinque Ports,' or any or either of them, or by this act, are made to be recoverable by action or suit, shall and may be sued for and recovered in any of his majesty's courts of record at Westminster." [See also the 53 Geo. III. c. 87, s. 8.]

Houses of King

Sect. 34. The act is not to extend so as to take away, abridge, hinder, Reservation of prejudice, or impeach any grant, liberties, franchises, and privileges here- rights of Trinity tofore granted to and vested in the corporation of the Trinity House of ston-upon-Hull, Kingston-upon-Hull, or in the commissioners acting under the provisions Newcastle-uponof any act relating to the adjustment of salvage for anchors, cables, and other ships' materials found in the river Humber, or in the masters, wardens, and brethren of the Trinity Houses of Newcastle-upon-Tyne and Scarborough respectively. [See also the 49 Geo. III. c. 122, s. 29.]

VOL. VI.

2 H

Tyne, and Scarborough.

2. Assisting,&c. Ships in Distress, &c.

1 & 2 Geo. IV. c. 75.

Trinity House.

Reservation of rights of city of London.

Scotland and Ireland.

For the better adjustment and pay ment of salvage pursuant to 12

Anne, st. 2, c. 18.

Property saved may be sold, so far as necessary

The 49 Geo. III. c. 122, s. 28, contains a similar saving for the Trinity House of Deptford Strond, which is not repeated in the 1 & 2 Geo. IV c. 75.

Sect. 35. The act is not to extend so as to prejudice or take away an right of the mayor of the city of London, or of the mayor and com monalty and citizens of the city of London, in and upon the rivers Thames and Medway. [See also the 49 Geo. III. c. 122, s. 30.]

Sect. 36. The act is not to extend to Scotland and Ireland. [See als the 49 Geo. III. c. 122, s. 31.]

Sect. 37. "And whereas it is expedient that the like means of conciu sively adjusting and recovering the quantum of the monies or gratuitie to be paid to the said several persons acting or being employed in th salvage of any ship or vessel, or the materials or stores belonging there or goods or persons on board thereof, should subsist, and be by law a plicable in cases where the salvors shall have acted under and by the em ployment and authority of any magistrate, or of the commander or othe superior officers, mariners, or owners of any ship or vessel in distress, a are now by law provided for adjusting the quantum of such monies gratuities which shall have become due in cases where application sha have been first made to the officers of the customs, or other the officer officers in that behalf named and appointed in and by a certain act mai in the twelfth year of the reign of Queen Anne, intituled "An Act fo preserving all such Ships and Goods thereof which shall happen to forced on Shore or stranded upon the Coasts of this Kingdom, or any other of Her Majesty's Dominions," and where such assistance shall thereupon have been rendered, in pursuance of the provision of that statute be it therefore enacted, that all and every the means which in virtue the said last-mentioned act subsist, and may now be by law applied i the conclusively adjusting, and for the recovering of the quantum of the monies or gratuities to be paid to the several persons acting or be employed in the salvage of any ship or vessel, or the materials or stores belonging thereto, or goods, in cases where application shall have been first made pursuant to the said act, to officers of the customs, or otha the officer or officers in that behalf mentioned, and assistance shall have been thereupon rendered and had, in pursuance of the provisions of the said act, shall be by law applicable and available, in like manner, to ai intents and purposes, in cases where the salvors shall have acted under and by the employment and authority of any magistrate, or of the com mander or other superior officers, mariners, or owners of any ship o vessel in distress, although no such application shall have been made to nor any authority or assistance derived from, any officer of the customs or other the officer or officers in the said statute in that behalf mentioned: and thereupon, upon payment or tender and refusal of the quantum el the monies or gratuities to be paid to the several persons who shall have acted or been employed in such salvage, or in case such payment or tender cannot be made, on security being given for the true payment thereof, to the satisfaction of the justices who shall have adjusted such quantum or gratuities, it shall not be lawful for any officer of the customs, or other person or persons having the possession or custody of such ship, vessel, materials, stores, or goods, any longer to retain the possession or custody of the same, or any part thereof, by reason or pretence of any claim or right to a compensation or gratuity of such salvage as aforesaid, or for having acted or been employed therein." [See also the 49 Geo. III. c. 122, s. 32.]

Sect. 38. In all cases it shall be lawful for the owner or owners, or if the owner or owners refuse, for the salvors, to sell so much of the proto defray the ex-perty saved as will be sufficient to defray the salvage adjudged, and all expenses attending the same, and such other reasonable charges and expenses respecting the said property as shall be allowed by the High Court of Admiralty, or by the justices acting in execution of the provisions of this

pense of salvage.