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session of, whether the same shall have belonged to any ship or vessel in 2. Assisting,&c. distress or otherwise, or whether the same shall have been preserved from Ships in Dis. apy vreck within the jurisdiction aforesaid, such person or persons shall tress, &c. on conviction thereof be deemed guilty of receiving stolen goods, knowing tbe same to be stolen, as if the same had been stolen on shore, and suffer 26.
1 & 2 Geo. IV. c. the like punishment as for a misdemeanour at the common law, and be also lable to be transported for seven years, in the discretion of the court before which he, she, or they shall be tried.” [See also the 48 Geo. III. c. 130, s. 10.]
Sect. 11. “And whereas it frequently happens, that anchors, cables, Lord warden's and other marine stores, or merchandize, which have been weighed. officers authorized
to seize anchors, swept for, or taken possession of, within the jurisdiction aforesaid, are, for &c., taken up fraudulent purposes, carried away to Rochester, London, Portsmouth, and within the limits
* of the Cinque other places not within the jurisdiction aforesaid, and the officers of the Ports, though relord warden cannot, by reason of such removal, recover the same:" it is moved out of enacted and declared, that " it shall be lawful for the serjeant or serjeants such limits. of the Admiralty of the Cinque Ports, deputies, or any other officer of the lord warden, whenever the case shall happen, to seize such anchor, cable, or other marine stores or merchandize, out of the jurisdiction aforesaid, and there to take and carry away the same to some one of the aforesad public places of deposit, or to place the same in a place of security, till proceedings shall be instituted against the same, either in the Court
Admiralty of the Cinque Ports, or in the High Court of Admiralty.”
stores to have anchors, cables, sails, old junk, or paper stuff, old iron, or marine stores in
their names of any kind or description, within the jurisdiction aforesaid, shall have painted on their their names, with the words, Dealer in Marine Stores,' painted distinctly storehouses.
letters of not less than six inches in length, upon the front of all their Fore-bouses, warehouses, and other depots for such goods; and in default
their so doing they shall, on conviction before any person or persons duly uthorized to act as a magistrate or magistrates within the limits aforesaid, forfeit and pay any sum not exceeding 201., nor less than 101., one-half al which penalties shall be paid to the informer and the other moiety to the poor of the parish where such offence shall be committed ; and fur- No cables, &c., to ther, that it shall not be lawful for such dealers or traders to cut up any be cut up without
permit from one cables or part of the same, or to uncant, untwine, or unlay the same, or of lord warden's Cordage of any description, into junk or paper stuff, nor any woulding, deputies; to be
granted upon affiFunnding, or worming, or any cable matting on the same, or on rigging, davit stating as on any pretence whatsoever, without first obtaining a permit from the lord herein mentioned. Farden's deputies, or one of them, which permit shall not be granted un. less an affidavit shall hare been first made before some one of the persons duly authorized to act as magistrates within the limits of the Cinque Porte, two ancient towns, and their members, and shall have been delivered to and left with the person granting such permit, in which affidaTil there shall be sworn that the cable and cordage, so intended to be cut
B! @) By the 48 Geo. III. c. 130, s. 12, or any owner or owners of any goods
*** aty pilot, boatman, or other per- loaden on board the same, or any perBen of persons, within the jurisdiction son or persons, body politic or corpo. Lioresaid, shall at any time counsel, in- rate, that hath or have underwritten, Bract, direct, advise, or procure any or shall underwrite, any policy or polimaster or other person on board of any cies of insurance upon such ship or karp or vessel, within the jurisdiction vessel, or on the freight thereof, or Lioresaid, whether such ship be at the upon any goods loaden on board the ute in distress or otherwise, to cut same, the person or persons offending sich ship's or vessel's cable or buoy. therein, being thereof lawfully convict. Tope, or to do any other act whatever ed, shall be deemed and adjudged Skich shall or may tend to the destruc. guilty of felony, and be liable to be bon or wreck of such ship or vessel, transported for any period of time not
ith intent thereby to prejudice any exceeding fourteen years." Owner or owners of such ship or vessel,
2. Assisting,gc. up, had been purchased fairly and without fraud by the party so intendShips in Dis- ing to cut up the same, and without any knowledge or suspicion on bis tress, c. or her part that the same had been or were dishonestly come by; and in
- which affidavit shall also be specified the particular quality and descripe 1 & 2 Geo. IV. c. 76.
tion of such cable or cordage, and the name or names of the seller a
sellers thereof, which affidavit shall be recited and set forth at length in Affidavit recited at length in per- the permit thereupon granted.” [See also the 48 Geo. III. c. 130, s. 13.1,
Sect. 13. “ All dealers in such marine stores as aforesaid, within this Dealers to keep limits of the Cinque Ports, two ancient towns, and their members, 13 an account of the
le keep a book or books, fairly written, in which entries shall be from time marine stores bought by them. to time regularly made of all such marine stores as shall be by them from
time to time bought, containing a true account and description of the
times when the same were so respectively bought by them, and of the To advertise be
names and places of abode of the respective sellers thereof; and also, tha fore cutting up cable or cordage. before the party who shall have obtained such permit for the cutting u
of any such cable or cordage, (as hereinbefore required to be obtained shall proceed to cut up the same by virtue thereof, there shall be published by the space of one week at least before the time of cutting up of the same, one or more advertisements in some public newspaper printed within the counties of Kent, Sussex, and Essex, and near to the usne residence or place of abode of such party, notifying that such party bat obtained such permit for the purpose of cutting up such quantity of cable
or cordage, and of such kind and quality as therein described, a true cupi Persons herein
of which permit shall be inserted in such advertisement; whereupe described may de. mand inspection shall be lawful for all and every person or persons who may have just of books, cause to suspect, and shall have verified upon oath the fact of such tis,
her, or their suspicion, before any of the persons duly authorized to ad as magistrates within the limits aforesaid, by warrant of such magistral to him or them for that purpose thereupon granted, to require of and in any such dealer who shall have so advertised, and shall be so sworn to be suspected as aforesaid, the production or examination of the book a
books of entries thereby required by him to be kept, and to inspect an Refusing to pro. examine the cable or cordage described in such permit; and in case an duce the book of entries or neg.” such dealer shall, when so thereunto required as aforesaid, neglect or të lecting to give fuse to produce to the person named in such warrant as the person di notice before cutting up cable or
· whose oath the same had been obtained, the book or books coutaining to cordage, &c. entries of such dealers so required to be made therein as aforesaid, or shal
neglect to keep any such book or books in which entries containing ac counts of the several particulars hereinbefore required to be entered, shal be made, or to permit such inspection and examination as aforesaid, ci shall, after obtaining such permit for the cutting up of any cable or coru age, and before the cutting up of the same, neglect to publish such oft or more advertisements relative thereto, as is hereinbefore directed and required to be published, the dealer or dealers so offending in all or any
of the particulars hereinbefore mentioned, shall forfeit and pay for every First offence. such offence, being his, her, or their first offence, any sum not exceedit: Further offence. 201., nor less than 10l. ; and for every second and further offence, any sum
not exceeding 501., nor less than 301.; one half of which penalty shall, co conviction before any of such magistrates duly authorized to act with
the limits aforesaid, be paid to the informer, and the other half to the Penalties, how to poor of the parish in which such offence shall be committed ; and in case be levied.
any of the penalties by this act imposed shall not be paid, with the charges incident to the conviction, immediately upon such conviction, the same shall and may be levied by the warrant of such magistrate as aforesaid, by distress upon the goods and chattels of every such offender or offenders; and in case there shall be no sufficient distress, then every such offender or offenders shall and may be committed, by such magistrate as aforesaid, to the common gaol within the limits aforesaid, in the case of any brat offence, for the space of three months, and in the case of any second or further offence, for the space of six months, unless the said penalty and charges shall be sooner paid.” [See also the 48 Geo. III. c. 130, s. 14. Sect. 14. “ The inhabitants of any parish, township, or place, within 2.Assisting,&'c. he jurisdiction aforesaid, shall be deemed and taken to be competent Ships in Dis. vitnesses, for the purpose of proving the commission of any offence tress, &'c. gainst this act, within the limits of such parish, township, or place, not
1 & 2 Geo. IV. withstanding the penalty incurred by such offence, or any part thereof, 26 or may be given or applicable to the poor of such parish, township, ir
Inhabitants comzace, or otherwise, for benefit or use, or in aid or exoneration of such petent witnesses.
rish, townsbip, or place.” [See also the 48 Geo. III. c. 130, s. 15.)
Sect. 15. “The lord warden of the Cinque Ports for the time being, Lord warden and ad the lieutenant of Dover Castle for the time being, and the deputy his deputies, radeas of the Cinque Ports for the tinie being, and the judge official and judge official, &c;
to have like power aumissary of the Court of Admiralty of the Cinque Ports, two ancient as justices of ns, and the members thereof for the time being, and any other officer peace or commis
sioners under this sto stall be specially appointed by the lord warden, and all and every act. of them, shall and may execute, perform, and do, within the jurisdiction aforesaid, ail the acts, matters, and things contained in this act, in like
anner, to all intents and purposes, as any magistrate or magistrates, or any conmissioner or commissioners to be appointed by virtue of this act, is and are authorized to execute, perform, and do the same.” [See also the 49 Geo. III. c. 130, s. 16.]
Sect. 16. “ And whereas, by a certain act passed in the twenty-eighth year of the reign of king Henry the Eighth, intituled For Pirates,' it is among ober things enacted to the effect following, that whenever any Bouission for the punishment of certain offences therein named, shall be directed or sent to any place within the jurisdiction of the five ports, that then every such coinmission shall be directed unto the lord warden of the saad port for the time being, or to his deputy, or unto three or four such persons as the lord chancellor for the time being shall name and appoint; and whereas by the said act it is further enacted to the effect following, that every inquisition and trial to be had by virtue of such commission shall be made and had by the inhabitants of the said five ports, or the members of the same; and whereas of a long time passed no such commission has been sent to any place within the jurisdiction of the Cinque Ports: be it enacted, for the inore certain and speedy administration of Manner of issuing justice, That as often as his majesty shall direct a commission, according commissions for to be provisions of the aforesaid act, to the adıniral or admirals, or his of offences, 28
the punishment or their jieutenant deputy and deputies, it shall and may be lawful for his Hen. VIII. c. 15, tuajesty, on the application of the lord warden of the Cinque Ports, to direct $s. 6, tch commission jointly to the admiral or admirals, or his or their lieutenant deputy and deputies, and also to the lord warden of the Cinque Ports for the time being, and to his deputy; and the commissioners who shall Et by virtue of such commission, so jointly addressed, to whatever shire e piace in the realin the same shall be limited, shall have full power and subority to inquire into, try, and determine all offences named in the said act, or in any other act relating to proceedings under such commisBion, by the oaths of twelve good and lawful inhabitants in the shire kried in the said commission, whether the said offences shall have been committed within the jurisdiction of the lord admiral of England, or of the lord warden of the Cinque Ports; and all and every trial, conviction, judgment, and proceeding whatsoever under such commission, shall be as good and effectual to all intents and purposes in law, and shall be followed by the same consequences to the offender or offenders, as if the same were had by virtue of any separate commission to be issued under the provi#rts of the aforesaid act of king Henry the Eighth: Provided always, Proviso for rights and it is hereby further declared, that this act, or anything herein con- of Admiralty tained, shall not extend, or be construed to extend, to the taking away, miralty of Cinque
Court, and of Adaeruging, prejudicing, or impeaching, in any manner whatever, the juris- Ports. dation of the High Court of Admiralty of England, or the jurisdiction of the Admiralty Court of the Cinque Ports, two ancient towns and their members; but that it shall and may be lawful for the said courts respecbrely, and the judge or judges thereof for the time being, to have, use,
2.Assisting,&c. exercise, and enjoy jurisdiction over all such matters, rights, and offencer, Ships in Dis- as they have heretofore had, used, exercised, and enjoyed, as fully and tress, &c. effectually, to all intents and purposes whatever, as if this act bad as
- been made; anything hereinbefore contained to the contrary in anywise 1 & 2 Geo. IV. notwithstanding.” See also the 48 Geo. III. c. 130, ss. 17, 18.] c. 76.
Sect. 17. “ Provided, that this act or anything herein contained, shall Provigo for rights of Trinity House, not extend, or be construed to extend, to the taking away, abridging, his
dering, prejudicing, or impeaching of any grant, liberties, franchises and privileges heretofore granted to and vested in the corporation of the Trinity House of Deptford Strond; but that the said corporation start hold and enjoy the same as fully and effectually, to all intents and pur poses, as they might have done in case this act had never been made anything hereinbefore contained to the contrary thereof in anywise not
withstanding." [See also the 48 Geo. III. c. 130, s. 19.] Boundaries of ju Sect. 18. And whereas doubts have arisen as to the exact boundare risdiction of lord
e of the jurisdiction of the lord high admiral and the lord warden oí tlı warden of Cinque Ports.
Cinque Ports, and it is highly expedient for the purposes of this act that
Sect. 19. “And whereas it is expedient that the like means of conc sively adjusting and recovering the quantum of the monies or gratu t to be paid to the several persons acting or being employed in the salva of any ship, vessel, or goods, should subsist and be by law applicable cases where the salvors shall have acted under and by the mere emplo ment and authority of the commander or other superior officer, marine or owners of any ship or vessel in distress, as are now by law provid for adjusting the quantum of such monies or gratuities which shall ha become due in cases where application shall have been first made officers of the customs, or other the officer or officers in that behalf nam and appointed in and by a certain statute made in the twelfth year of t reign of our late sovereign lady queen Anne, intituled “ An Act for it serving of all such Ships and Goods thereof which shall happen to
forced on Shore or stranded upon the Coasts of this Kingdom, or any 2.Assisting, 8c. other of Her Majesty's Dominions," and where assistance shall have been ships in Dis. thereupon rendered in pursuance of the provisions of that statute: be it tress, &c. therefore enacted and declared, That all and every the means which, in-virtue of the statute last mentioned, subsist, and may now be by law ap
“ 1 & 2 Geo. IV.
96 shed, for the conclusively adjusting and for the recovering of the quantum for the better of the monies or gratuities to be paid to the several persons acting or adjustment and being employed in the salvage of any ship, vessel, or goods, in cases payment of sal
vage under 12 wbere application shall have been first made pursuant to that statute to X
Anne, st. 2. c. 18. officers of the customs, or other the officer or officers therein in that behalf mentioned, and assistance shall have been thereupon rendered and tad in pursuance of the provisions of that statute, shall be by law appliable and available, in like manner, to all intents and purposes, in cases where the salvors shall have acted under and by the mere employment and authority of the commander or other superior officers, mariners, or omers of any ship or vessel in distress, although no such application shall have been made to, nor any authority or assistance derived from, any oficer of the customs, or other the officer or officers in the said statute in that behalf mentioned; and that, upon payment or tender and refusal of the quantum of monies or 'gratuities to be paid to the several per. sons sbo shall have acted or been employed in such salvage, or in tase such payment or tender cannot be made, or security being given for the due payment thereof to the satisfaction of the commissioners 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 possestion or custody of such ship, vessel, 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 for such salvage a foresaid, or for having acted or been employed therein.” [See also the 48 Geo. III. c. 130, s. 21 (a).]
Sect. 20. “ In all cases it shall be lawful for the owner or owners, or if Owners or salvors the owner or owners refuse, for the salvors, to sell so much of the pro- may sell so much
of the property perty sared as will be sufficient to defray the salvage adjudged, and all saved as will deapenses attending the same, and such other reasonable charges and fray salvage. expenses respecting the said property, as shall be allowed by the High Court of Admiralty, or by the Court of Admiralty of the Cinque Ports, or by the commissioners appointed under this act; and that, on the production of an order or decree from the High Court of Admiralty, or from the Court of Admiralty of the Cinque Ports, or of an award made by the
(0) Bs the 48 Geo. III. c. 130, s. 22, the quantum of the monies or gratuities 1 is enacted, " That, in cases where the to be paid to such salvors; and in case salrors shall have acted without appli. the parties shall not agree in such no. ation made to and without any autho- mination, that then, on the application rity or assistance derived from any of. of any of the parties to auy one neighfoer of the customs or other officer in bouring justice of the peace, the justice the said act mentioned, and the com- so applied to shall nominate two other Eander or other superior officer, ma. neighbouring justices of the peace ; riders, or owners of such ship or vessel and such three neighbouring justices so sared as aforesaid, or the merchant shall and may thereupon, and they are or other person whose goods shall be so hereby authorized and required, to ad. saved, or their agents as aforesaid, shall just the quantum of the monies and disagree with such salvors, touching gratuities to be paid to all and each of the quantum of the monies or gratuity such salvors who shall disagree with dexrred by any persons so employed such master, commanding officer, mer. as aforesaid, it shall be lawful for the chant, or owners, or their agents as commander of such ship or vessel so aforesaid, touching the quantum of mo. saved, or the owner of the goods, or nies, or the gratuity to be paid to him Berchant interested therein, or their or them respectively, for his or their agents, and for such salvors as afore having been employed and acted in al, to nominate three of the neigh. such salvage as aforesaid.' boaring justices of the peace to adjust