1 & 2 Geo. IV. c. 76. Affidavit recited at length in it. per Dealers to keep an account of the marine stores bought by them. To advertise before cutting up Persons herein described may deof books. 2. Assisting,&c. up, had been purchased fairly and without fraud by the party so intend Ships in Dis- ing to cut up the same, and without any knowledge or suspicion on in tress, &c. or her part that the same had been or were dishonestly come by; and ; which affidavit shall also be specified the particular quality and descr tion of such cable or cordage, and the name or names of the seller sellers thereof, which affidavit shall be recited and set forth at length the permit thereupon granted." [See also the 48 Geo. III. c. 130, 5. 1. Sect. 13. "All dealers in such marine stores as aforesaid, within t limits of the Cinque Ports, two ancient towns, and their members, s. keep a book or books, fairly written, in which entries shall be from tim to time regularly made of all such marine stores as shall be by them fro time to time bought, containing a true account and description of : times when the same were so respectively bought by them, and of th names and places of abode of the respective sellers thereof; and also, the 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 publisher by the space of one week at least before the time of cutting up of th same, one or more advertisements in some public newspaper printe within the counties of Kent, Sussex, and Essex, and near to the us residence or place of abode of such party, notifying that such party ha obtained such permit for the purpose of cutting up such quantity of cal or cordage, and of such kind and quality as therein described, a true co of which permit shall be inserted in such advertisement; whereupon it mand inspection shall be lawful for all and every person or persons who may have jus cause to suspect, and shall have verified upon oath the fact of such 2**. her, or their suspicion, before any of the persons duly authorized to ac as magistrates within the limits aforesaid, by warrant of such magistrat to him or them for that purpose thereupon granted, to require of and fr any such dealer who shall have so advertised, and shall be so sworn to b suspected as aforesaid, the production or examination of the book books of entries thereby required by him to be kept, and to inspect ar Refusing to pro- examine the cable or cordage described in such permit; and in case a such dealer shall, when so thereunto required as aforesaid, neglect or re fuse to produce to the person named in such warrant as the person whose oath the same had been obtained, the book or books containing t entries of such dealers so required to be made therein as aforesaid, or sha neglect to keep any such book or books in which entries containing a counts of the several particulars hereinbefore required to be entered, sha be made, or to permit such inspection and examination as aforesaid, shall, after obtaining such permit for the cutting up of any cable or cord age, and before the cutting up of the same, neglect to publish such o or more advertisements relative thereto, as is hereinbefore directed and required to be published, the dealer or dealers so offending in all or an of the particulars hereinbefore mentioned, shall forfeit and pay for every such offence, being his, her, or their first offence, any sum not exceeding Further offence. 207., nor less than 107.; and for every second and further offence, any sum not exceeding 501., nor less than 301.; one half of which penalty shall, c conviction before any of such magistrates duly authorized to act withi 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 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 first 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. duce the book of entries or neglecting to give notice before cutting up cable or cordage, &c. First offence. be levied. any Sect. 14. "The inhabitants of any parish, township, or place, within 2.Assisting, &c. the jurisdiction aforesaid, shall be deemed and taken to be competent Ships in Diswitnesses, for the purpose of proving the commission of any offence tress, &c. gainst this act, within the limits of such parish, township, or place, notwithstanding the penalty incurred by such offence, or any part thereof, 1&2 Geo. IV. is or may be given or applicable to the poor of such parish, township, Inhabitants complace, or otherwise, for benefit or use, or in aid or exoneration of such petent witnesses. parish, township, or place." [See also the 48 Geo. III. c. 130, s. 15.] c. 76. to have like power sioners under this Sect. 15. "The lord warden of the Cinque Ports for the time being, Lord warden and and the lieutenant of Dover Castle for the time being, and the deputy his deputies, wardens of the Cinque Ports for the time being, and the judge official and judge official, &c., missary of the Court of Admiralty of the Cinque Ports, two ancient as justices of fts, and the members thereof for the time being, and any other officer peace or commiswho shall be specially appointed by the lord warden, and all and every act. f them, shall and may execute, perform, and do, within the jurisdiction aforesaid, ail the acts, matters, and things contained in this act, in like manner, to all intents and purposes, as any magistrate or magistrates, or Lay commissioner or commissioners to be appointed by virtue of this act, is and are authorized to execute, perform, and do the same." [See also the 48 Geo. III. c. 130, s. 16.] the punishment 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 other things enacted to the effect following, that whenever any commission 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 commission shall be directed unto the lord warden of the said 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 shail 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 more certain and speedy administration of Manner of issuing justice, That as often as his majesty shall direct a commission, according commissions for to the provisions of the aforesaid act, to the admiral or admirals, or his of offences, 28 or their lieutenant deputy and deputies, it shall and may be lawful for his Hen. VIII. c. 15, majesty, on the application of the lord warden of the Cinque Ports, to direct ss. 5, 6. soch 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 sit by virtue of such commission, so jointly addressed, to whatever shire or place in the realm the same shall be limited, shall have full power and authority to inquire into, try, and determine all offences named in the Said act, or in any other act relating to proceedings under such commisson, by the oaths of twelve good and lawful inhabitants in the shire ited 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 provisions 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 abridging, 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 respectively, and the judge or judges thereof for the time being, to have, use, Court, and of Ad 2. Assisting,&c. exercise, and enjoy jurisdiction over all such matters, rights, and offences Ships in Disas they have heretofore had, used, exercised, and enjoyed, as fully and tress, &c. effectually, to all intents and purposes whatever, as if this act had no been made; anything hereinbefore contained to the contrary in anywise notwithstanding." [See also the 48 Geo. III. c. 130, ss. 17, 18.] 1 & 2 Geo. IV. c. 76. Proviso for rights Sect. 17. "Provided, that this act or anything herein contained, sha of Trinity House. not extend, or be construed to extend, to the taking away, abridging, indering, prejudicing, or impeaching of any grant, liberties, franchises a privileges heretofore granted to and vested in the corporation of th Trinity House of Deptford Strond; but that the said corporation sha 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 net withstanding." [See also the 48 Geo. III. c. 130, s. 19.] Boundaries of ju warden of Cinque Ports. Sect. 18. "And whereas doubts have arisen as to the exact boundarie risdiction of lord of the jurisdiction of the lord high admiral and the lord warden of the Cinque Ports, and it is highly expedient for the purposes of this act the the same should be clearly set forth: now it is hereby declared an. enacted, That the boundaries of the jurisdiction of the lord warden of the Cinque Ports, in regard to any matter or thing contained in this act, sh be and shall be deemed and taken to be as follows, (that is to say:) from a point to the westward of Seaford, in the county of Sussex, called Re Cliff, including the same: thence passing in a line one mile withou the sand or shoal called the Horse of Willingdon, and continuing the same distance without the ridge and new shoals; and thence in a e within five miles of Cape Grisnez, on the coast of France; thence round the shoal called the Overfalls, two miles distant from the same; these in a line without, and the same distance along the eastern side of the Galloper Sand, until the north end thereof bears west north west true bearing, from the west north west bearing of the Galloper, it runs le a direct line across the shoal called the Thwart Middle, till it reaches th shore underneath the Maze Tower; from thence following in a line of th shore up to Saint Orsyth, in the county of Essex, and following the cours of the shore up to the river Coln, to the landing-place nearest Bright lingsea; from thence in a direct line to Shoe Bacon; from thence to th point of Shellness, on the Isle of Shippey; and from thence across the waters to Feversham; and from thence following the line of coast round the North and South Forelands, and Beachy Head, till it reaches the sa Red Cliff, including all the waters, creeks, and havens comprehende between them: Provided always, and it is hereby declared, that nothing in this act contained shall extend, or be construed to extend, to enlarge or abridge the local limits of the ancient jurisdiction, rights, and priv leges of the lord high admiral of England or the lord warden or admiral of the Cinque Ports respectively, or their respective representatives; but tha the same shall remain according to ancient usage, and that the descrip tion hereinbefore contained shall only be deemed applicable to the purposes of this act; anything herein contained to the contrary notwithstanding." [See also the 48 Geo. III. c. 130, s. 20.] Sect. 19. "And whereas it is expedient that the like means of conclusively adjusting and recovering the quantum of the monies or gratuities to be paid to the several persons acting or being employed in the salvage of any ship, vessel, or goods, should subsist and be by law applicable in cases where the salvors shall have acted under and by the mere employ ment and authority of the commander or other superior officer, mariners or owners of any ship or vessel in distress, as are now by law provided for adjusting the quantum of such monies or gratuities which shall have become due in cases where application shall have been first made to officers of the customs, or other the officer or officers in that behalf named and appointed in and by a certain statute made in the twelfth year of the reign of our late sovereign lady queen Anne, intituled "An Act for preserving of all such Ships and Goods thereof which shall happen to he forced on Shore or stranded upon the Coasts of this Kingdom, or any 2.Assisting,&c. other of Her Majesty's Dominions," and where assistance shall have been Ships in Disthereupon 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 1 & 2 Geo. IV. vage under 12 virtue of the statute last mentioned, subsist, and may now be by law ap- c. 76. hed, 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 eing employed in the salvage of any ship, vessel, or goods, in cases payment of salhere application shall have been first made pursuant to that statute to Anne, st. 2. c. 18. ficers of the customs, or other the officer or officers therein in that berad mentioned, and assistance shall have been thereupon rendered and had in pursuance of the provisions of that statute, shall be by law applirable 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 owners of any ship or vessel in distress, although no such application shall ive been made to, nor any authority or assistance derived from, any ficer 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 persons who shall have acted or been employed in such salvage, or in case 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 possession 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 as aforesaid, or for having acted or been employed therein." [See also the 48 Geo. III. c. 130, s. 21 (a).] of the property 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 perty saved as will be sufficient to defray the salvage adjudged, and all saved as will deexpenses 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 (a) By the 48 Geo. III. c. 130, s. 22, is enacted, "That, in cases where the saivors shall have acted without application made to and without any authorty or assistance derived from any officer of the customs or other officer in the said act mentioned, and the commaader or other superior officer, mariners, or owners of such ship or vessel so saved as aforesaid, or the merchant or other person whose goods shall be so saved, or their agents as aforesaid, shall disagree with such salvors, touching the quantum of the monies or gratuity deserved by any persons so employed as aforesaid, it shall be lawful for the commander of such ship or vessel so saved, or the owner of the goods, or merchant interested therein, or their agents, and for such salvors as aforesaid, to nominate three of the neighbouring justices of the peace to adjust the quantum of the monies or gratuities 2.Assisting,&c. commissioners appointed under this act, the commissioners of customs Ships in Dis- and excise shall be empowered and required, and they are hereby em tress, &c. 1 & 2 Geo. IV. c. 76. powered and required, to allow the sale of such goods as aforesaid, fres from the payment of all duties: Provided nevertheless, that in all cases i: which they may think it advisable, it shall be lawful for the commissione” of the customs and excise to refer any such award which may be pr ferred by customs duced to them from the commissioners appointed under this act, to or excise to Court judgment or revision of the High Court of Admiralty." The part of t section, however, as to the sale of goods duty free, to pay the expenses salvage, &c., is repealed by the 6 Geo. IV. c. 105 (a). Award may be re of Admiralty. Proviso for juris Ports. Sect. 21. Provided, "That nothing herein in this behalf contained st diction of Cinque extend, or be construed to extend, to affect or impeach the jurisdict to be exercised within the Cinque Ports, or to affect or abridge in degree the jurisdiction or authority of the High Court of Admiralty." Sect. 22 declares the act to be a public act. Public act. 53 Geo. III. c. 87. [Ships' Names.] [Masters' Names.] "On which day appeared persona | W. X., of and Y. Z., of "A. B., [here insert the name of the salvors] against the said ship whereof was master, her tackle, who produced themselves as suretino apparel, and furniture, and the goods, the said the master, and for the wares, and merchandizes on board the owners of the said ship and carg same; and also against the said as the case may be], for the said master, and the owners of the said ship master and owners of the said goods to and cargo [or as the case may be, merchandizes; and submitting them "against certain goods and merchan-selves to the jurisdiction of the Hy dizes lately laden on board the said Court of Admiralty of England ship, whereof was master, and also the Court of Admiralty for the Cingy against the said master, and the Ports," as the case may be], boxn owners" (or, if the owners alone appear themselves, their heirs, executors, as by themselves or agents, then leave administrators, for the said mat out the master's name) of the said and owners of the said ship and c goods and merchandizes"] in a cause [or, as the case may be, "for the sa of salvage. master and owners,” or “fo the owners of the said goods and merchandizes'], in the sum of pounds lawful money of Great Britain, unto the said A. B., &c., to answer the sales and expenses of the said ship and cargo [or as the case may be," on the sa goods and merchandize,"] as shall hereafter be decreed by the said court, ** cording to the tenor of the act in that behalf made and provided; and, un'es they shall so do, they hereby consent that execution shall issue forth again them, their heirs, executors, and administrators, goods and chattels, wherever the same shall be found, to the value of the sum above mentioned. : 66 W. X. "This bail was duly taken, acknowledged, and received, at the pounds. By the 53 Geo. III. c. 87, the 48 Geo. III. c. 130, and 49 Geo. III. c. 122, except so far as the same are altered by this act, shall continue in force for seven years from the passing of this act, and from thence to the end of the then next session of parliament, and no longer. (a) By the 3 & 4 Will. IV. c. 52, ss. 50, 51, wrecked goods are to pay the same duties as in case of importation; and, that to secure the payment thereof, persons taking possession of them must, within twenty-four hours afterwards give notice of the facts to the proper officer of the customs. And see the 5 & 6 Vict. c. 47, s. 17. |
