53 Geo. III.

c. 159.

26 Geo. 3.

c. 86.

No. XXX. the United Kingdom registered according to law, and to prevent any discouragement to merchants and others from being interested therein: And whereas it is expedient to amend an Act made in the seventh year of the reign of his late Majesty King George the Secord, intituled An Act to settle how far Owners of Ships shall be answerable for the Acts of the 7 Geo. 2. c. 15. Masters or Mariners; and also another Act made in the twenty-sixth year of the reign of his present Majesty, intituled An Act to explain and amend an Act made in the Seventh Year of his late Majesty's Reign, intituled An Act to settle how far Owners of Ships shall be answerable for the Acts of Masters or Mariners,' and for giving a further Relief to the Owners of Ships; and that other provisions should be made in respect thereof; Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That no person or persons who is are or shall be owner or owners or part owner or owners of any ship or vessel shall be subject or liable to answer for or make good any loss or damage arising or taking place by reason of any act neglect matter or thing done omitted or occasioned without the fault or privity of such owner or owners which may happen to any goods wares merchandize or other things laden or put on board the same ship or vessel after the first day of September one thousand eight hundred and thirteen, or which after the said first day of September one thousand eight hundred and thirteen may happen to any other ship or vessel or to any other goods wares merchandize or other things being in or on board of any other ship or vessel further than the value of his or their ship or vessel, and the freight due or to grow due for and during the voyage which may be in prosecution or contracted for at the time of the happening of such loss or damage. (1.)

Owners of Ships shall not be li

able to make

good any Damage occasioned

without their Fault, further than the Value of their Vessels.

Value of the Carriage of Goods, &c. to be considered as Freight.

Providing for separate Losses.

Act not to take

II. And be it further enacted, That the value of the carriage of any goods wares or merchandize belonging to the owner or any of the owners of such ship or vessel, and also the hire due or to grow due under or by virtue of any contract whether made by or on the behalf of his Majesty, or by or on the behalf of any other person or persons or any body politic or corporate whatsoever, except only such hire as in the case of a ship or vessel hired for time may not begin to be earned until the expiration of six calendar months after the happening of such loss or damage shall be deemed and taken to be and shall be considered as freight within the intent and meaning and for the purposes of this Act, and also of the said Acts of Parliament made in the seventh year of the reign of his late Majesty King George the Second, and in the twenty-sixth year of the reign of his present Majesty.

III. And be it further enacted, That in case any such loss or damage shall arise or happen by more than one separate and distinct accident act neglect or default, or on more than one occasion in the course or progress of a voyage or after the end of any voyage and before the commencement of another voyage, each and every such loss or damage shall be paid compensated and satisfied according to the provisions of this Act in such and the same way and to the same extent as if no other loss or damage had happened or arisen during the same voyage or after the end of any voyage and before the commencement of another voyage.

IV. Provided always and be it further enacted, That nothing herein away Responsi- contained shall lessen or take away any responsibility to which any masbility of Master or Mariners of such Ships.

(1.) In action against several defendants, as ship-owners, for damage sustained by the loss of goods laden on board their ship: It was held, that by the 53 Geo. 3. c. 159. sec. 1. they were not liable in that character beyond the value of the ship and freight, due or to grow due, although the loss was occasioned by the misconduct of one of the defendants, who was both master and part owner;

secondly, that the value of the ship was to be calculated at the time of the loss, and not at the time of the commencement of the voyage; and, thirdly, that in calculating the value of freight due or to grow due, money actually paid in advance was to be included. Wilson v. Dickson, 2 B. & A. 2.

ter or mariner of any ship or vessel may now by law be liable, notwith- No. XXX. standing such master or mariner may be an owner or part owner of his ship or vessel.

V. Provided also and be it further enacted, That nothing herein contained shall extend or be construed to extend to the owner or owners of

53 Geo. III.

c. 159.

any lighter barge boat or vessel of any burthen or description whatsoever Act not to exused solely in rivers or inland navigation or any ship or vessel not duly tend to Owners registered according to law. of Lighters, &c. VI. Provided also, and be it further enacted, That nothing in this Act contained shall extend to prevent any action or suit being brought or in- Actions may be stituted or proceeded in in any court of competent jurisdiction by any brought for Daperson or persons who shall have suffered any loss or damage within the mage by Perintent and meaning of this Act, against any owner or part owner of any sons suffering ship or vessel, notwithstanding any other person or persons may have others have sussuffered any loss or damage by the same accident act neglect or default tained Loss by or on the same occasion; but that all such actions and suits shall and the same Accimay be brought or instituted and proceeded in in such manner as the dent. same might have been brought or instituted or been proceeded in if this Act had not been made; subject nevertheless to such order as any court may think fit to make, to restrain proceedings in such action or suit on special circumstances as justice and equity shall require.

Loss, though

Proceedings in

case the Value of

VII. And be it further enacted, That if several persons shall suffer any loss or damage in or to their goods wares merchandizes ships or otherwise by any means for which the responsibility of any owner or the Ship, &c. is owners is limited by this Act as aforesaid, and the value of the ship or not sufficient to vessel with all her appurtenances and the amount of the freight estimated make Compenas herein is mentioned shall not be sufficient to make full compensation sation for Dato all and every the person and persons suffering such loss and damages, mages. it shall and may be lawful to and for the person or persons liable to make satisfaction for such loss or damage or any one or more of them, on behalf of himself herself or themselves and the other owner or owners of the same ship or vessel, to exhibit a bill in any court of equity having competent jurisdiction against all the persons who shall have brought any such action or actions suit or suits as aforesaid and all other persons who shall claim to be entitled to any recompence for any loss or damage arising or happening by the same separate and distinct accident act neglect or default, or on the same occasion to ascertain the amount of the value of the ship or vessel appurtenances and freight, and for payment or distribution thereof rateably amongst the several persons claiming recompence as aforesaid in proportion to the amount of the several losses or damages sustained by such persons so claiming such recompence as aforesaid according to the rules of equity and as the case may require : Provided always, That the plaintiff or plaintiffs in such bill shall annex to such bill an affidavit that he she or they do not directly or indirectly collude with any of the defendants thereto or with any other owner or owners of the same ship or vessel or with any other person or persons, but that such bill is filed for the purposes only of justice and to obtain the benefit of the provisions of this Act; and that the several persons named as defendants to the said bill are as the person or persons making such affidavit verily believes all the persons claiming to be entitled to recompence for loss or damage sustained by the same accident act neglect or default or on the same occasion; and that all such defendants do elaim such recompence and to be entitled to proportions of the value of such ship or vessel appurtenances and freight, and that no other person claims to be entitled to any proportion thereof under the provisions of this Act; and that the amount of the value of such ship or vessel appurtenances and freight does not exceed a sum to be specified in such affidavit, and that the several claims made by the defendants to such bill do exceed the amount of the value of such ship or vessel appurtenances and freight; and the plaintiff or plaintiffs in such bill shall on filing such bill apply to the court and obtain an order for the liberty to pay into court the amount of the value of such ship or vessel appurtenances and

No. XXX. freight as ascertained by such affidavit, and shall pay the same into court 53 Geo. III. according to such order; and no defendant or defendants to such bill

c. 159.

If the true

Amount of the

Value of the

Vessel, &c. be not paid the Court shall require further Payment, &c.

In Abatement of Suits how Costs to be paid,

shall be compellable to put in any answer thereto until such value shall have been paid into court as aforesaid, unless the court shall for any special cause think fit to order security to be given for the same in such manner as the said court shall think fit, either instead of payment thereof into court as aforesaid or until such court shall make other order to the contrary; and unless such money shall be paid into court as aforesaid, or the said court shall make such order for security as aforesaid, and such security shall be given according to the said order within one month after such bill shall have been filed, such bill shall immediately after the expiration of such month stand dismissed without any motion for that purpose; and the court shall thereupon order the payment of the costs of the said suit to all the defendants who shall then have appeared to such bill; and in case such security shall be given as aforesaid, and such value shall afterwards be ordered to be paid into court, and the same shall not be so paid within the time to be limited by the court, such bill shall also stand dismissed without motion for that purpose, and the said court shall also order costs to be paid to the defendants as aforesaid; and in case any such bill shall at any time be dismissed after any such value shall have been paid into court or such security given as aforesaid, such court shall direct the money so paid into court, if any, to be paid to the several claimants defendants to such bill, who shall appear to the court to be entitled to proportions thereof in such manner as to such court shall appear to be just, and shall order any security so to be given as aforesaid to be put in suit and the money to be recovered thereupon to be paid into court and distributed in like manner; and such payments shall be without prejudice to any action or suit which may be brought or instituted by any other person or persons not party or parties to such bill for any such loss or damage as aforesaid, although such loss or damage shall have arisen or happened by the same accident act neglect or default, or on the same occasion as the losses or damages for which recompence shall be claimed by the parties defendants to such bill, and all such payments as shall be made under the order of the said court shall be without prejudice to the recovery of the costs in any action or suit which shall have been brought by any such defendant or defendants, unless such costs shall be otherwise provided for by the said court.

VIII. Provided always and be it further enacted, That if it shall appear to the court in which any such bill shall be filed as aforesaid that the money paid into court or for which such security shall be given as aforesaid is not the true amount of the value of such ship or vessel appurtenances and freight, the said court shall order such further sum of money to be paid into court or such further security to be given as to the said court shall seem proper; and the said court shall also at any time, if the said court shall see fit, order security to be given for the costs of such suit as to the said court shall seem necessary and just; and if such further sum of money shall not be paid or such further or other security shall not be given as aforesaid within the time to be limited by the said court for that purpose, such bill shall stand dismissed without any order for that purpose: and the said court shall thereupon order the payment of the costs of such suit to the several defendants by the plaintiffs and give the proper directions for the application of any money paid into court or due on any security given in such suit to answer the deinands of the several defendants in such suit as to such court shall appear to be just.

IX. And be it further enacted, That if after any suit shall have been instituted the same shall become abated or imperfect in the whole or in part and the same shall not be revived or made perfect within the time to be limited by the court for that purpose, such suit and all proceedings therein shall stand dismissed without any motion for that purpose; and the said court shall order the costs of such suit to be paid to the defendants thereto or to the representatives of any who shall be then dead; and if the plaintiff or plaintiffs in any such suit or any of them

No. XXX.

shall be then dead, such costs as shall not be otherwise paid shall be a charge on the assets of such deceased plaintiff or plaintiffs and shall be recoverable as a debt by simple contract.

53 Geo. III.

c. 159.

X. And be it further enacted, That the court in which any such bill shall be filed as aforesaid shall be and is hereby authorised and empowered to take all such measures as to such court shall seem just for Court to take ascertaining the value of such ship or vessel appurtenances and freight, Measures for the amount of the losses or damages claimed by the defendants thereto ascertaining the respectively, and all such matters and things as shall be necessary for Value of Vesthe purposes of justice in such suit and for payment and distribution of sels, &c. the value of such ship or vessel appurtenances and freight amongst the several persons entitled thereto and generally to do therein as shall appear to be just; and the costs of all such proceedings shall be paid by the plaintiff or plaintiffs in such suit, unless such court shall think fit otherwise to order.

XI. And be it further enacted, That all costs to be paid by the plaintiff Costs to be or plaintiffs in any such suit in a court of equity as aforesaid shall be taxed. taxed and settled as between attorney and client, if the court shall think

fit so to order.

XII. Provided also and be it further enacted, That if any such bill No new Bills to shall be filed and shall afterwards be dismissed by reason of any such be filed but undefault of the plaintiff or plaintiffs therein as herein-before provided or der certain Cirunder any order of the said court for that purpose no new bill shall be cumstances. filed by the same plaintiff or plaintiffs or his her or their representatives, or by any other part owner or part owners of the same ship or vessel, unless the court in which such bill shall have been filed shall order such dismission to be without prejudice to the filing of a new bill either absolutely or under such conditions as to the said court shall seem just.

XIII. And be it further enacted, That if any money shall be paid into Interest of Mo any such court of equity as aforesaid in respect of the value of any such ney paid into ship or vessel appurtenances or freight, all interest and profit made Court to belong thereof whilst such money shall remain in court shall be considered as to the Parties belonging to the parties in such suit who shall appear to be entitled to entitled to the Principal. the principal money or proportions thereof respectively and shall be divided and distributed accordingly; and if security shall be given for such value or any part thereof, the same shall bear interest and such interest shall be applied in like manner.

XIV. And be it further enacted, That if any such bill shall be filed as Any Bill filed aforesaid by any part owner or part owners of any ship or vessel on be- by one Part half of himself herself or themselves and the other part owners, such bill Owner, to be shall bind all such other part owners and their representatives in the equally binding same manner as they would have been bound if parties plaintiffs to such on the others. bill; and if after the filing of any such bill any of the plaintiffs or other part owners shall die, the right of action against such part owners so dying founded on any tort or wrong shall not thereby be lost, but it shall and may be lawful to proceed against the respective representatives of the part owners so dying, in the same manner as might have been if such right of action had been founded on contract.

XV. And be it further enacted, That if any suit for any such loss or Any Court com. damage as aforesaid shall be instituted or depending in any court compe- petent to act as tent to act as a court of equity for the purposes of this Act, such court Court of Equishall and is hereby authorised and empowered to proceed in such suit for ty, to be deemsuch purposes in the same manner and under the same regulations and ed as such for with the same powers as are herein given to courts of equity, so far Purpose of as the same are applicable to the nature of such court and the forms Act. of proceedings therein, and such court shall use all such means as a court of equity is by this Act empowered to use for the purposes of this

Act.

XVI. And be it further enacted, That all and every sum and sums of Money paid for money which shall be paid for or towards or on account of any loss or Damage how damage in respect whereof the responsibility of the owners of any ship to be accounted or vessel is limited by this Act or by the said Acts or either of them, or for. any costs incurred in relation thereto, shall and may be brought into ac

No. XXX. count among the part owners of the same ship or vessel in such and the like manner as money disbursed for the use thereof. 58 Geo. III. c. 159.

Publick Act.

c. 59.

to the Slave

Trade to be en

titled to the Privileges of Prize Ships.

XVII. And be it further enacted, That this Act shall be deemed and taken to be a publick Act and shall be judicially taken notice of as such by all judges justices and other persons whomsoever without the same being specially pleaded.

[ No. XXX. a.] 54 George III. c. 59.-An Act to allow Ships taken and condemned for being used in carrying on the Slave Trade to be registered as British-built Ships.-[27th May 1814.]

54 Geo. III. WHEREAS it is expedient that ships and vessels condemed for breach of any law now in force relating to the slave trade should be entitled to all the privileges and advantages of British ships in like manner in Ships condemned for Breach of every respect as ships and vessels taken and condemned as prizes of war; the Law relating Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That all ships or vessels whether British or foreign which shall at any time after the passing of this Act become forfeited under any of the provisions of any Act or Acts of Parliament now in force or which may hereafter be passed for the prevention abolition or regulation of the slave trade and be adjudged to be forfeited in any court of record in Great Britain, or which shall be condemned as forfeited in any court of Admiralty or Vice-Admiralty in any part of his Majesty's dominions for any offence in relation to the slave trade, shall from and after such judgment or condemnation respectively be entitled to a certificate of registry as a British ship and thereupon have and enjoy all the privileges and advantages of British-built ships and vessels in like manner with ships and vessels taken by his Majesty's ships of war and condemned as lawful prize of war in courts of Admiralty: Provided always, That all such ships and vessels shall be subject to the same duties and regulations and shall be registered in the same manner and form and subject to the same conditions and restrictions penalties and forfeitures and shall be in like manner owned and navigated as ships and vessels condemned as lawful prize are directed and required to be in order to their obtaining British registers and enjoying the privileges of British ships owned registered and navigated according to law.

[ No. XXXI. ] 54 George III. c. 158.-An Act to continue, for One Year, certain Acts for the better Prevention and Punishment of Attempts to seduce Persons serving in his Majesty's Forces by Sea or Land from their Duty and Allegiance to his Majesty, or to incite them to Mutiny or Disobedience.-[29th July, 1814.]

No. XXXII. ] 54 George III. c. 159.-An Act for the better Regulation of the several Ports, Harbours, Roadsteads, Sounds, Channels, Bays, and Navigable Rivers, in the United Kingdom; and of his Majesty's Docks, Dock Yards, Arsenals, Wharfs, Moorings, and Stores therein; and for repealing several Acts passed for that Purpose.-[29th July 1814.]

54 Geo. III. WHEREAS an Act passed in the nineteenth year of the reign of his late Majesty King George the Second, intituled An Act for the better

c. 159.

7. 2. c. 22.