Geo. IV. c. 75. Persons may demand Inspection of Books. Penalty on refusing Inspection, &c. No. CVII. such cable and of such kind and quality as therein described, and also specifying the place where such articles shall be deposited; whereupon it 1 & 2 shall be lawful for all and every person or persons who may have just cause to suspect that such articles are the property of such person or persons, and shall have verified upon oath the fact of such his or their suspicion before any justice of the peace or magistrate residing near to the said storehouse warehouse or depôt, by warrant for that purpose thereupon granted to require of and from such dealer who shall have so advertised, and shall be so sworn to be suspected as aforesaid, the production and examination of the book or books of entries hereby required by him or her to be kept, and inspect and examine the cables described in such permit; and in case any such dealer when so thereunto required as aforesaid shall neglect or refuse to produce to the person named in such warrant, as the person on whose oath the same shall have been obtained, the book or books containing the entries of such dealer so required to be made therein as aforesaid, or shall neglect to keep any such book or books in which entries containing accounts of the several particulars herein-before required to be entered shall be made, or to permit such inspection or examination as aforesaid, or shall after obtaining such permit for the cutting up of any such cable and before the cutting up of the same, neglect to publish such one or more advertisement or advertisements relative thereto as is herein-before directed and required, the dealer or dealers so offending in all or any of the particulars herein-before mentioned shall forfeit and pay for every such offence being his her or their first offence any sum not exceeding twenty pounds nor less than ten pounds, and for every second or further offence any sum not exceeding fifty pounds nor less than twenty pounds, one half of which penalty shall, on conviction before any justice of the peace or magistrate residing near as aforesaid, be paid to the informer, and the other half to the poor of the parish or township in which such offences 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 warrant under the hand and seal of such justice of the peace or magistrate upon the goods and chattels of any such offender or offenders; and in case no sufficient distress shall be found then every such offender or offenders shall and may be committed by any justice of the peace or magistrate as aforesaid to gaol in case of any first offence for the space of six calendar months, and in case of any second or further offence for the space of twelve calendar months unless the said penalty and the charges shall be sooner paid. Recovery of Manufacturers of Anchors to place Marks on Anchors and XVIII. And be it further enacted, That all manufacturers of anchors and kedge anchors shall place his her or their name or names together with a progressive number and also the weight of the anchor in legible characters upon the crown and also upon the shank under the stock of Kedge Anchors. each anchor which he she or they shall manufacture; and shall also place his her or their name or names together with a number and also the weight of the kedge anchor upon the crown and also upon the shank near to the stock of every kedge anchor which he she or they shall manufacture; and in case any such manufacturer shall neglect to place such name number or weight in the manner herein-before directed and required, every such person or persons so offending shall on conviction before any justice of the peace or magistrate on the oath of one credible witness or on the confession of the party so offending forfeit and pay any sum not exceeding five pounds nor less than forty shillings, one half of which penalty shall be paid to the informer and the other half to the poor of the parish or township in which such offence shall be committed. Penalty on Form of Conviction. XIX. And for the more easy and speedy conviction of offenders against this Act, Be it further enacted, That all and every justice or justices of the peace before whom any person shall be convicted of any offence against this Act, shall and may cause the conviction to be drawn up aćcording to the following form; videlicet, BE it Remembered, That on the in the year of our Lord day of A. B. is con No. CVII. 1 & 2 ⚫victed before me [or, us] And no certiorari or other writ or process for the removal of any such Geo. IV. c. 75. XX. And be it further enacted, That it shall and may be lawful to and Appeal from for any person or persons so convicted by any justice or justices of the Conviction to peace before mentioned of any offence or offences against this Act within the General three calendar months next after such conviction to appeal to the justices Quarter Sesof the peace assembled at the general quarter sessions holden for the sions. county city or place where the matter of appeal shall arise, first giving ten days' notice of such appeal to the person or persons appealed against and of the matter thereof and entering into a recognisance before some justice of the peace for such county city or place with two sufficient sureties conditioned to try such appeal and for abiding the determination of the court therein; and such justices at the general quarter sessions shall upon due proof of such notice having been given and recognisance entered into hear and determine the matter of such appeal, and may either confirm or quash and annul the said conviction and award such costs to either party as to them shall seem just and reasonable, and the decision of the said justices therein shall be final binding and conclusive; and no proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for want of form only or be removed by certiorari or any other writ or process whatsoever into any of his Majesty's courts of record at Westminster or elsewhere; any law or statute to the contrary thereof in anywise notwithstanding. XXI. Provided always and be it further enacted, That the inhabitants Inhabitants may of any parish township or place shall be deemed and taken to be com- be competent petent witnesses for the purpose of proving the commission of any offence Witnesses. against this Act within the limits of such parish township or place, notwithstanding the penalty incurred by such offence or any part thereof is or may be given or applicable to the poor of such parish township or place or otherwise for the benefit or use or in aid or in exoneration of such parish township or place. XXII. And be it further enacted, That all felonies misdemeanors and Offences may other offences under this Act shall and may be laid to be committed and be tried in the shall be tried in any city or county (being a county) where any such ar- County where Articles found, ticle matter or thing in relation to which such offence shall have been or if sold in committed shall have been found in the possession of the person committing the offence; or if the same shall have been sold in foreign parts where OffendForeign Parts, then in the county or place in which the person selling the same shall reside. ers reside. XXIII. Provided always and be it further enacted, That nothing in this Act not to alter Act contained shall extend or be construed to extend to or be in force the Statute of within the limits specified and directed in an Act passed in the forty- 48 G. 3. c. 130. eighth year of the reign of his late Majesty, intituled An Act for preventing the various Frauds and Depredations committed on Merchants, Shipowners and Underwriters, by Boatmen and others, within the Jurisdiction of the Cinque Ports; and also for remedying certain Defects relative to the Adjustment of Salvage 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 within the limits therein specified as if this Act had not been passed: Provided also, that nothing in this Act contained shall extend or Reservation of be construed to extend to repeal take away or alter any of the clauses the Statute of powers or provisions contained in an Act of Parliament made in the 48 G. 3. c. 104. 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 navi No. CVII. gating the British Seas; but that the said Act shall remain in full force as if this Act had not been passed. 1 & 2 Geo. IV. c. 75. Reservation of Reservation of the Rights of the Crown and of Lords and Ladies of Ma nors. Lords of Manors not to lay Claim to Wrecks till Report of the same be made to the Deputy Vice-admiral of the Coast, &c. XXIV. Provided also and it is hereby further declared, That this Act or any thing herein contained shall not extend or be construed to extend to the taking away abridging prejudicing or impeaching in any manner whatever the jurisdiction 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 or of the Admiralty Court of the borough of Great Yarmouth in the county of Norfolk or of the Admiralty Court of the borough of Dunwich in the county of Suffolk or of the Admiralty Court of the borough of Southampton in the county of Hunts or of the Admiralty Court of the borough of Southwold in the county of Suffolk or of the Admiralty Court of the borough of Lynn Regis in the county of Norfolk; 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 exercise and enjoy jurisdiction over all such matters rights and offences as they have heretofore had used exercised and enjoyed as fully and effectually to all intents and purposes whatever as if this Act had not been made; any thing herein contained to the contrary thereof in anywise notwithstanding. XXV. Provided also and it is hereby enacted, That neither this Act nor any thing herein contained shall any ways extend or be construed to extend to deprive or in any ways prejudice the rights of his Majesty his heirs or successors or any claiming under them or any of them or any patentee or grantee of the Crown or any lord or lords or lady or ladies of any manor or manors whatsoever; but that such respective rights shall be enjoyed in as full ample and beneficial a manner in every respect as if this Act had never been made. XXVI. And be it further enacted, That no lord or lady of any manor or other person who may be entitled to or claim to be entitled to wreck of the sea or to any goods found jetsam flotsam or lagan shall be entitled to appropriate such wreck or goods to his her or their own use or otherwise to dispose thereof until he she or they shall have caused a report thereof in writing to be given to the deputy vice-admiral of that part of the coast where the same shall have been stranded wrecked or found or to his 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 such notice, any thing in any law to the contrary notDeputy Vice- withstanding; and the deputy vice-admiral or agent aforesaid shall within forty-eight hours after receiving such report as aforesaid transmit a copy transmit a Copy thereof to the secretary of the corporation of the Trinity House of Deptof Report to the ford Strond, upon pain of forfeiting for any neglect to transmit such Secretary of account as aforesaid the sum of fifty pounds to any person who will sue for the same; and the said secretary shall cause such account to be placed in some conspicuous situation for the inspection of all persons claiming to inspect and examine the same: Provided always, that nothing herein contained shall extend or be construed to extend to repeal or in any manner to affect any of the provisions of an Act passed in the fiftysecond 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. admiral to the Trinity House. Penalty 501. 52 G. 3. c. 159. Perishable XXVII. And be it further enacted, That when any goods which shall be found or taken possession of by any lord or lady of any manor or persold with Consent of a Justice. may be 1 & 2 Geo. IV. c. 76. c. 75. son entitled or claiming to be entitled to wreck of the sea or to goods No. CVII. found flotsam jetsam or lagan or his or her agent or servant, or by any viceadmiral 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, Ship-owners and Underwriters, by Boutmen 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 publick 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 raised by such sale, after defraying Money to be the reasonable expences of the sale to be settled and allowed by such jus- deposited in the tice, shall be deposited and remain in the hands of the lord or lady of the Hands of the manor or other person or deputy vice-admiral, who would have received Lord of the the custody of the goods so sold, to abide and be subject and liable to the Manor, &c. claims of all persons in like manner as the goods themselves would be subject and liable if remaining unsold: Provided always, That all persons An Account of required to transmit reports to the deputy vice-admiral of the finding of Sale to be any goods shall in case of any such sale as last aforesaid likewise trans- transmitted to mit to such deputy vice-admiral an account of such sale and of the pro- the Deputy ceeds thereof; and the said deputy vice-admiral shall forward such reports Vice-admiral. to the secretary of the Trinity House of Deptford Strond within the like periods, and under and subject to the like penalties and forfeitures for any neglect therein, as in cases of any goods found and required to be reported under the provisions of the said recited Act and this Act. XXVIII. And be it further enacted, That it shall and may be lawful Goods saved to and for the commissioners of customs and excise and they are hereby from Vessels required to permit all goods wares and merchandize saved from any ves- wrecked to be sel or vessels stranded or wrecked on their respective homeward voyage forwarded to to be forwarded to the port or ports of their original destination; and the Ports of also to permit goods wares and merchandize saved from any vessel or their original vessels stranded or wrecked on their respective outward voyage to be re- Destination. turned to the port or ports at which the same were shipped; but such commissioners are to take security for the due protection of the revenue in respect of such goods wares and merchandize. XXIX. And be it further enacted, That it shall be lawful for the deputy Carriages may vice-admiral of the part of the coast where any ship or vessel shall be pass over the stranded or wrecked or where any wreck of the sea or goods shall be cast Lands near the on shore, and for his agent and also for the owner or master of any such Coast where ship or vessel and for the owners of any such goods or of any part thereof, Vessels are and for any officer of the customs or excise and other officer, ard for all wrecked, for persons whatsoever employed or acting in aid of or in the assisting of the Preservaany such deputy vice-admiral officer master or owner as aforesaid in the tion of the saving or recovering any such ship or vessel or the cargo stores tackle or Wreck, &c. other articles belonging to the same, or the preserving the lives of the crew or persons belonging thereto or of any wreck as aforesaid, to pass and repass with their horses carts carriages or servants over any lands near to the part of the sea coast where such vessel shall be so wrecked or stranded or on which such wreck shall be cast without interruption or obstruction by the owner or occupier thereof for the purpose of rendering assistance in saving recovering and preserving any such ship or vessel or goods or stores or any cabies anchors spars masts cordage or other tackle or articles belonging to any ship or vessel, or for saving or otherwise assisting in preserving the lives of the crew or of any persons on board of VOL. II. N No. CVII. any such ship or vessel, or for the taking possession of and securing for 1&2 Geo. IV. c. 75. Compensation to the Land Occupiers. If Parties do not agree Two Justices to settle it. Penalty on refusing Persons so employed *. from passing over Lands, &c. 1002. of the High Court of Ad the benefit of the owners thereof any wreck or goods or other things cast on shore or found on shore or found near thereto, provided there shall be no road by which the parties may pass and repass with as much convenience 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 to 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 whereof the damage may be done in like manner as salvage; and in case the 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. XXX. And be it further enacted, That if any owner or occupier of any land or premises over which any person is authorised by this Act to pass and repass for any of the purposes in this Act before mentioned shall interrupt impede or hinder 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 upon request to open the same or otherwise, or shall obstruct or hinder the placing any wreck goods stores or other articles upon his land, or shall prevent their remaining there for a reasonable time until the same can be removed to some warehouse or safe place of publick deposit, such occupier shall forfeit and pay to any person who will sue for the same the sum of one hundred pounds, to be recovered by action of debt. Questions of XXXI. And whereas questions have arisen as to the jurisdictions of Salvage within the courts of record at Westminster and of the High Court of Admiralty the Jurisdiction in cases of salvage of ships and goods performed between high and low water-mark; Be it therefore enacted, That any question in relation to salvage of any ship or vessel or of any goods which shall be performed between high and low water-mark, shall be and be deemed to be within the jurisdiction or cognizance of the High Court of Admiralty or of his Majesty's courts of record at Westminster; any thing in any Act or Acts of Parliament to the contrary notwithstanding miralty or the Courts of Re cord at West minster. In case of Damage done by a Foreign Vessel in Harbour, &c. any of the Judges may cause the ↑ Vessel to be arrested until the Owners, &c. shall undertake to appear Defendant in any Action. XXXII. And be it further enacted, That in every case in which any damage shall be done by any foreign ship or vessel to any British ship or vessel barge boat or other craft, or any buoy or beacon in any harbour port river or creek, and it shall appear on a summary application made to any judge of any of his Majesty's courts of record at Westminster or to the judge of the High Court of Admiralty respectively that such damage or loss has probably been sustained or arisen by the misconduct or negligence of the master or mariners of such foreign ship or vessel, then and in such case it 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 until 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 be defendant in any action which may be brought for such lossor 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 it shall 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 doing such damage; and it shall not be necessary in any such action or suit 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. |