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2.Assisting,8c. The 49 Geo. III. c. 122, s. 28, contains a similar saving for the Trinity Ships in Dis. House of Deptford Strond, which is not repeated in the 1 & 2 Geo. IV. tre88, 4c. c. 75.
Sect. 35. The act is not to extend so as to prejudice or take away any 1 & 2 Geo. IV.
20. IV. right of the mayor of the city of London, or of the mayor and comc. 75.
monalty and citizens of the city of London, in and upon the rivers d Trinity House.
Thames and Medway. (See also the 49 Geo. III. c. 122, s. 30. Reservation of rights of city of Sect. 36. The act is not to extend to Scotland and Ireland. See also London.
the 49 Geo. III. c. 122, s. 31.] Scotland and Ire. Sect. 37. “And whereas it is expedient that the like means of conclo.
sively adjusting and recovering the quantum of the movies or gratuities to be paid to the said several persons acting or being employed in the salvage of any ship or vessel, or the materials or stores belonging thereto, or goods or persons on board thereof, should subsist, and be by law applicable in cases where the salvors shall have acted under and by the enployment and authority of any magistrate, or of the commander or other superior officers, mariners, or owners of any ship or vessel in distress, 19 are now by law provided for adjusting the quantum of such monies or gratuities which shall have become due in cases where application sbal have been first made to the officers of the customs, or other the officer or officers in that behalf named and appointed in and by a certain act made in the twelfth year of the reign of Queen Anne, intituled “An Act for preserving all such Ships and Goods thereof which shall happen to be forced on Shore or stranded upon the Coasts of this Kingdom, or any other of Her Majesty's Dominions," and where such assistance shall there
upon have been rendered, in pursuance of the provision of that statute: For the better ad- be it therefore enacted, that all and every the means which in virtue of justment and pay ment of salvage
the said last-mentioned act subsist, and may now be by law applied fa pursuant to 12 the conclusively adjusting, and for the recovering of the quantuin of the Anne, st. 2, c. 18.
monies or gratuities to be paid to the several persons acting or being 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 all intents and purposes, in cases where the salvors shall have acted under and by the employment and authority of any magistrate, or of the conmander or other superior officers, mariners, or owners of any ship or 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 of the monies or gratuities to be paid to the several persons who shall hare 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, 10 the satisfaction of the justices who shall have adjusted such quantum of 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, vessti, 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, 8. 32.] Property saved Sect. 38. - In all cases it shall be lawful for the owner or owners, or if may be sold, so far as necessary
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 pense of salvage.
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
set; and that a production of an order or decree from the High Court 2. Assisting,gc. of Admiralty, or of an award made by the justices acting in execution of Ships in Disthe provisions of this act the commissioners of the customs and excise tress, 8c. shall be empowered and required, and they are hereby empowered and 1& 2 Geo. I. required to allow the sale of such goods aforesaid, free from the payment c. 75.
all duties: Provided nevertheless, that in all cases in which they may • Sic in act. hink it advisable, it shall be lawful for the commissioners of the customs Award may be ind excise to refer any such award, which may be produced to them from referred by cus
toms or excise to he justices acting in execution of the provisions of this act, to the judg- Court of Admi. neat and revision of the High Court of Admiralty."
ralty. Sect. 39 declares the act to be a public act.
SCHEDULE TO WHICH THIS ACT REFERS. "On the day of , in the year of our Lord , before me, Schedule.
yat , in the county of , [ship's name], A. B. [here insert se names of the salvors against, and name the stores and other articles (id est) mrhors and cables, &c., as the case may be), certain goods and merchandizes etely found and taken possession of, and belonging to the said ship, whereof
tas master, and also against the said , master, and the owners (or the others alone appear by themselves or agents, then leave out the master's store) of the said goods and merchandize, in a cause of salvage [master's name]
thick dey appeared personally , of , and sof , who produced themselves as sureties for the said the master, and for the Ane of the said goods and merchandize; and, submitting themselves to the turisdiction of the High Court of Admiralty of England, bound themselves, their beins, erecutors, and administrators, for the master and owners of the said moeda and merchandize, in the sum of of lawful money of Great Britain, to the said
to answer such salvage and expenses, or the value of the words as the case may be], as shall be hereinafter decreed by the said court, berding to the tenor of the act in that case made and provided; and, unless they tall so do, they hereby consent that execution shall issue forth ayainst Here, their heirs, executors, and administrators' goods and chattels, wherever Ole same shall be found, to the value of the sum above mentioned.
"This bail ras duly taken, acknowledged and received, at the time and place titre written, before me, the undersigned commissioner; and I do believe and wmder the persons above mentioned sufficient security for the said sum of .
See, also, a similar form in the schedule to the 49 Geo. III. c. 122.
By the 1 & 2 Geo. IV. c. 76, intituled, “An Act to continue and amend Salvage. Sertain Acts for preventing the various Frauds and Depredations commit- 1 & 2 Geo. IV. ed on Merchants, Ship-owners, and Underwriters, by Boatmen and c. 76. hers, within the Jurisdiction of the Cinque Ports; and also for reme. ving certain Defects relative to the adjustment of Salvage, under a alute made in the 12th Year of the Reign of her late Majesty, Queen huse;" after reciting that, “Whereas by an act passed in the 48th year 1 bis late majesty king George the Third, intituled, “An Act for pre- 48 Geo. III. c. Frating Frauds and Depredations committed on Merchants, Ship-owners, 130. and Underwriters, by Boatmen and others, within the Jurisdiction of the Cinque Ports; and also for remedying certain Defects relative to the AdLiment of Salvage, under a Statute made in the 12th Year of her late Najesty, Queen Anne,' which act was to continue in force for seven fears, and from thence to the end of the next session of parliament; and
tereas, by an act passed in the 53rd year of his late majesty, king 53 Geo. III. c. 87. George the Third, the said above-recited act, except so far as the same
as altered, was further continued in force for seven years from the passing of the said act, and froin thence to the end of the next session of pariament, and no longer; and whereas it is expedient that the said recited acts should be further continued, except so far as the same are altered by this act:" it is enacted, “ That it shall and may be lawful for Lord warden to
appoint commisthe lord warden of the Cinque Ports, for the time being, to nominate and ap!
sioners to deter. appoint, by any instrument or instruments under his hand and seal, three mine differences
2. Assisting,8c. or more substantial persons in each of the Cinque Ports, two ancient Ships in Dis. towns, and their members, to adjust and determine any difference relative tress, &c. to salvage (which may arise) between the master of any ressel and the
person or persons bringing such cables and anchors ashore; and in case 1 & 2 Geo. IV. c. 76.
any ship or vessel shall be either forced or cut from her cables and relative to sal. anchors, by extremity of weather, or by any other accident whatever, and vage.
leave the same in any roadstead, or other place within the jurisdiction d' the Cinque Ports, two ancient towns, and their members, and the salvar cannot be adjusted between the persons concerned, then the same stai be determined by any three or more of the said persons so to be appointed as aforesaid, within the space of twenty-four hours after such differenos
shall be referred to them for their determination thereof, any usage of Who are to ap. custom to the contrary in anywise notwithstanding: Provided alway point a secretary,
ty: that such commissioners shall, immediately after their nomination, prosubject to appro. bation of lord ceed to elect some fit and proper person, who shall be a notary or master tvarden.
extraordinary in Chancery, as their secretary or register,* except to the
port of Dover, where the register for the time being of the Court of AL Proceedings miralty of the Cinque Ports shall be the register; * and which secretary, entered.
or register,* shall enter in a book, to be kept for that purpose, all the * Sic.
proceedings of such commissioners, and also a copy of the awards which they shall from time to time make; but such election of secretaries, e registers,* shall be subject to the approbation of the lord warden for the
time being.” [See also the 48 Gev. III. c. 130, s. 1.] Power to com. Sect. 2. “ It shall be jawful for the said commissioners, to be appointed missioners to set- as aforesaid, to decide on all claims and demands whatever which skaler tle all differences which may arise may be made by pilots, hovellers, boatmen, and other persons for services within the limits of any sort or description rendered to any ship or vessel, as well is! herein mentioned.
carrying off from the shore to such ship or vessel, any anchors, cabla, other stores from any part or port of the coast of Kent, Sussex, Essen, o the Isle of Thanet, within the jurisdiction aforesaid, as for the conducte ing and conveying such ships and vessels from the Downs, and other bayi and roadsteads on the coast of Kent, Sussex, and Essex, and the Island of Thanet, or from the sea or any other place, to Ramsgate, Dover, or any other harbour, port, or place, on the said coasts, within the jurisdictis aforesaid, or for the saving and preserving, within the jurisdiction along said, any goods or merchandize wrecked, stranded, or cast away from ani ship or vessel, the master or owners thereof, or their agents, being present at the place where the commissioners shall be sitting ; and the the said commissioners shall have full power and authority to bear an determine on all cases whatever of services rendered by pilots, boatma and others, to shipping within the jurisdiction aforesaid, whether sur ships or vessels shall be in distress or not; and that it shall be lawful fd the said commissioners, whenever they see occasion, to examine the par
ties or their witnesses upon their oath, which oath shall and may be al * Sic.
ministered by the said secretary or register.” + [See also the 48 Geo. Il
c. 130, s. 2.] Commissioners Sect. 3. “It shall be lawful for the commissioners so to be appointed and secretary to and their secretary or register as aforesaid, who shall decide on any sud be paid by owners,
claims or deinands as aforesaid, to demand and receive of and from thi owners of such ships or vessels, or the proprietors of any such goods merchandizes, against whom any pilot, boatman, or other person, she make any claiın or demand for services of any sort rendered to such ships or vessels, or for the sole saving and preserving any goods or merchan
dizes wrecked, stranded, or cast away, within the jurisdiction aforesaid Fees as allowed and such owners and proprietors are hereby required to pay to them suck by the lord war fee or reward for deciding on every such claim and demand, as shall be den.
adjudged to them in that behalf by the lord warden of the Cinque Port No commissioner for the time being : Provided always, that no person to be appointed ? to act out of place commissioner by virtue of this act shall have power or authority to act of residence.
any other port or place than that in which he is resident, or from whir". his usual place of residence is not distant more than one mile; and this
Lefore such commissioners shall in any case proceed to act, they shall 2. Assisting,&c. vererally take the following oath before a magistrate or a commissioner Ships in Dis. of the Court of King's Bench or Common Pleas, or a master extraordinary tress, &c. in Chancery.- (See also the 48 Geo. III. c. 139, ss. 3, 4.]-(videlicet,) .
1 & 2 Geo. IV. "1, A. B. do sucear, that I hare not, neither will I, in any way, directly or C. 7 directly, take or receive any fee, emolument, or reward from any of the par- Commissioners to "mrkore interests are referred to my decision (save and except such fee or re. take oath. wird es shall be allowed by the lord warden to be paid to me by the ship-ouncrs
* proprietors of the cargo, or their agents) : and that I will not accept or rete gay fee whatever from the persons claiming reward or salvage : but that I En decide according to the best of my judgment, on the eridence to be brought tyre xe, without farour or affection to either party.
“ So help me God." Sect. 4. “In case the party or parties so claiming to be entitled to sal. Appeal to Admi.
ralty, or Admi. tage or compensation for services rendered as aforesaid, or the party or to
ralty of the parties who are to pay the same, or their agents, shall be dissatisfied with Cinque Ports ; such award and decision of the commissioners, it shall and may be lawful but ship, to be
liberated, on bail for either of them respectively, within eight days after such award is in double amount made, but not afterwards, to declare to the commissioners his or their of award. desire of obtaining the judgment of some competent Court of Admiralty respecting the said salvage or compensation as aforesaid; and thereupon soch party or parties shall forthwith be required by the commissioners to declare whether he or they will proceed in the Court of Admiralty of the Cingue Ports, or the High Court of Admiralty of England, and he or they shall so proceed within twenty days from the date of such award, by taking out a monition against the adverse party; but in such case the said commissioners are hereby empowered and required to permit the sed ship and her cargo, notwithstanding such declaration and proceed. ings to depart on her voyage, or to deliver to the owners and proprietors, er their agents, any goods or merchandizes respecting which any claim Is salrage shall be made upon the owners or proprietors of the same, or ther agents, giving good and sufficient bail in double the amount of the km awarded, and which bail the said commissioners, or any of them, Bail to be taken are and is hereby authorized to take and certify according to the form and certified ac
cording to schecontained in the schedule hereunto annexed, and to transmit the same durea
the Same dule annexed. pithout delay to the Court of Admiralty, in which the intention of profeeding shall be so declared, together with a true certificate in writing of le gross value of the whole ship and cargo, or other goods and mer. chandizes respecting which salvage shall be claimed, and also an official topy of such proceedings and awards, certified by the said secretary or register, and the same shall be admitted by such Court of Adıniralty as evidence in the cause." See also the 48 Geo. III. c. 130, s. 5.]
Sect. 5. Provided, “that on an appeal so as aforesaid being made to the Appeal concluCourt of Admiralty of the Cinque Ports, or to the High Court of Admi. sive. Taip, the same shall be taken and held to be final, and no ulterior appeal from sentence of the Court of Admiralty of the Cinque Ports, or from the High Court of Admiralty, shall lie to the King in Chancery."
Sect. 6. “ If any person or persons shall wilfully cut away, cast adrift, Cutting away or remove, alter, deface, sink or destroy, or shall do or commit any act with defacing buoypatent and design to cut away, cast adrift, remove, alter, deface, sink, or
mora tor defe sint a ropes, &c., felony. destroy, or in any other way injure or conceal any buoy, buoy-rope, or mark, belonging to any ship or vessel, or which may be attached to any anchor or cable belonging to any ship or vessel whatever, within the jurisGetion aforesaid, with intent thereby to defraud or injure any person or persons whatsoever, or body corporate, such person or persons so offending shall, on being convicted of such offence, be deemed and adjudged kulty of felony, and shall be liable to be transported for any period not Liceeding fourteen years.” [See also the 48 Geo. III. c. 130, s. 6.]
Sect. 7. “ All anchors, cables, buoys, ropes, or other ship's stores or Anchors, &c., materials, or any goods or merchandizes of any sort or description what. tou
found within ju.
2. Assisting, &c. ever, which may have been parted with, cut from, or left by any ship a Ships in Dis- vessel in the Downs, or elsewhere, within the jurisdiction aforesaid, whetress, &c. ther the same shall be in distress or otherwise, and which shall have been
- weighed, swept for, or taken possession of by any pilots, boatmen, hovel1 & 2 Geo. IV. c. 76.
lers, or other person or persons, shall be by them delivered either
Ramsgate, Deal, or Dover, Harwich, Brightlersea, or Wivenhoe, six pabu risdiction, to be deposited as here- lic places of deposit declared by this act for the reception of all such art in mentioned, cles, or such other places as shall be declared by the lord warden, in the &c., or the per son's having them same state in which they are found, to the serjeant or serjeants of the Ad in possession ad- miralty of the Cinque Ports aforesaid, their deputy or deputies, or such judged guilty of
other person as he shall authorize to receive the same; but if any sud receiving stolen goods.
articles so found, weighed, swept for, or taken possession of, shall not be so delivered immediately, or duly reported to such serjeant or serjeants or tlieir deputies, on the finding thereof, and shall afterwards be dis covered in the possession, custody, or power of such pilots, boatmen, ho vellers, or other person or persons, he, she, or they shall, on conviction be adjudged and deemed guilty of receiving goods knowing them to han been stolen, and shall suffer the like punishment as if the same had been
stolen on shore.” (See also the 48 Geo. III. c. 130, s. 7.] Wrecked mer. Sect. 8. “ All merchandize, materials of any sort, or marine stores o chandize and Ships' stores to be every description, whether belonging to his majesty, or to any Britis! also deposited in subjects or foreigners, which may be preserved from any ship or reste like manner.
stranded, deserted by her crew, or wrecked, either on shore or on th Goodwin or any other sand or shoal, or any part of the main land, or any port or place within the jurisdiction aforesaid, shall be landed and de livered at one of the six places of deposit, belonging to the lord 1 den's deputies at Ramsgate, or Deal, or Dover, "Harwich, Brightlersen or Wivenhoe, or such other place as shall be declared and appointed
the said lord warden for that purpose, whichever shall be most convenien If sold, or marks or contiguous to the place where the loss occurs; and that if any perm defaced by the or persons who shall have preserved or taken possession of any such a salvors.
chandize or marine stores within the jurisdiction aforesaid, shall sell, di pose of, or otherwise make away with the same, or shall in any mann conceal, deface, take out, or obliterate the marks or numbers thereon, alter the same in any manner, with intent thereby directly or indirectly t prevent the discovery and identity of such articles by the owner or owna
thereof, such person or persons shall be deemed and adjudged guilty Felony.
felony.” [The 48 Geo. III. c. 130, s. 8, has a similar enactment, exce;
as to Harwich, Brightlersea, and Wivenhoe.] Officers of lord Sect. 9. Provided “ That nothing herein contained shall extend or !
ze construed to extend, to the preventing or restraining the serjeant's deputies anchors, stores, &c., concealed' or any other officer of the lord warden, from seizing all such anchor within their juris. cables, buoys, buoy-ropes, or other ships' stores or materials as aforesti! diction, &c.,
and likewise all such merchandize and marine stores as aforesaid, which! or they shall find concealed, or attempted to be concealed, within th jurisdiction aforesaid, or which he or they shall find in the possession o any person or persons who shall be conveying, or in the act of preparir, to convey, the same out of the said jurisdiction, or from any place whet the same shall have been landed within the said jurisdiction, to any oths.
place within the same, other than to one of the said public places of di to be deposited as posit aforesaid; but it shall be lawful in all such cases, for all and sin aforesaid.
gular the officers aforesaid, to seize the same as well on shore as at si within the said jurisdiction, and to take and carry the same to one of ta said public places of deposit, any thing in this or in any other act, es custom, or usage to the contrary notwithstanding." TSee also the 4
Geo. III. c. 130, s. 9.] Receivers subject Sect. 10. “ If any person or persons, within the jurisdiction aforest: to same punish- shall knowingly and with intent to defraud and injure the true owner ment as though goods had been owners thereof, purchase or receive any anchors, cables, ropes, or othe stolen on shore. ship’s stores or materials of any description whatever, or any merchandisi
or lading which may have been taken up, weighed, swept for, or taken pos