No. CVII. 1 & 2 Geo. IV. c. 75. XXXIII. And be it further enacted, That all penalties and forfeitures above the sum of twenty pounds, or which by this Act or by an Act passed in the present session of Parliament, intituled An Act to continue and amend certain Acts for preventing the various Frauds and Depredations committed on Merchants, Ship-owners and Underwriters, by Boatmen and others, within the Jurisdiction of the Cinque Ports, or any or either of them or by this Act are made to be recoverable by action or suit, shall and Penalties how may be sued for and recovered in any of his Majesty's courts of record at recoverable. Westminster. c. 76. XXXIV. Provided also and it is hereby further enacted and declared, Reservation of That this Act or any thing herein contained shall not extend or he con- the Rights of strued to extend to the taking away abridging hindering prejudicing or the Trinity impeaching of any grant liberties franchises and privileges heretofore Houses of granted to and vested in the corporation of the Trinity House of Kingston Kingston-uponupon-Hull, or in the commissioners acting under the provisions of any Hull, NewAct or Acts of Parliament relating to the adjustment of salvage for castle-uponanchors cables and other ships' materials found in the river Humber, or in Tyne, and the masters wardens and brethren of the Trinity Houses of Newcastle- Scarborough. upon-Tyne and Scarborough respectively; but that the said corporation and the said masters wardens and brethren shall hold and enjoy the same as fully and effectually to all intents and purposes as they might have done in case this Act had never been made; any thing herein contained to the contrary thereof in anywise notwithstanding. XXXV. Provided also and it is hereby further enacted and de lared, Reservation of That nothing in this Act shall extend or be construed to extend to pre- the Rights of judice or take away any right property authority or jurisdiction of the the City of mayor of the city of London or of the mayor and commonalty and London. citizens of the city of Loudon to in and upon the rivers of Thames and Medway. XXXVI. Provided also and be it hereby further enacted, That nothing This Act not to in this Act contained shall extend or be construed to extend to those parts extend to Scotof the United Kingdom of Great Britain and Ireland called Scotland and land or Ireland. Ireland. XXXVII. And whereas it is expedient that the like means of conclu- For the better sively adjusting and recovering the quantum of the monies or gratuities to be Adjustment and paid to the said several persons acting or being employed in the salvage of any Payment of ship or vessel or the materials or stores belonging thereto or goods or persons Salvage puron board thereof, should subsist and be by law applicable in cases where suant to the salvors shall have acted under and by the employment and authority 12 Ann, c. 18. of any magistrate or of the commander or other superior officers 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 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 shail thereupon have been rendered in pursuance of the provision of that statute; Be it therefore enacted, That all and every the means which in virtue of the said last-mentioned Act subsist and may now be by law applied for the conclusively adjusting and for the recovering of the quantum of the 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 other 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 commander or other superior officers mariners or wners of any ship or vessel in distress, although no such application No. CVII. 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 1 & 2 that behalf mentioned; and thereupon, upon payment or tender and Geo. IV. refusal of the quantum of the monies or gratuities to be paid to the several c. 75. persons who shall have 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 to the satisfaction of the justices who shall have adjusted such quantum or 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 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. XXXVIII. And be it further enacted and declared, That in all cases it shall be lawful for the owner or owners, or if the owner or owners refuse, for the salvors to sell so much of the property saved as will be sufficient to defray the salvage adjudged and all expences attending the same and such other reasonable charges and expences 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 Act; and that on production of an order or decree from the High Court of Admiralty or of an award made by the justices acting in execution of the provisions of this Act, the commissioners of the customs and excise shall be empowered and required and they are hereby empowered and required to allow the sale of such goods aforesaid free from the payment of all duties: Provided nevertheless that in all cases in which they may think it advisable it shall be lawful for the commissioners of the customs and excise to refer any such award which may be produced to them from the justices acting in execution of the provisions of this Act to the judgment and revision of the High Court of Admiralty. Property saved may be sold to defray the Ex pence of Sal vage. Public Act. XXXIX. And be it further enacted, That this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by all judges justices and others without being specially pleaded. SCHEDULE to which this Act refers. ON the Lord day of before me in the year of our at in the county of master and the owners [or if the owners alone appear by themselves or agents, then leave out the master's name] of the said goods and merchandize in a cause of salvage [master's name] on which day appeared personally of and who produced themselves as sureties for the said sum of the said of the master and for the owners of the said goods and merchandize, and submitting themselves to the jurisdiction of the high Court of Admiralty of England bound themselves their heirs executors and administrators for the master and owners of the said goods and merchandize, in the of lawful money of Great Britain, unto to answer such salvage and expences or the value of the goods [as the case may be] as shall be herein-after decreed by the said court according to the tenor of the Act in that case made and provided; and unless they shall so do they hereby consent that execution shall issue forth against them their heirs executors and administrators goods and chattels wherever the same shall be found to the value of the sum above mentioned. This bail was duly taken, acknowledged, and received at the time and place above written before me the undersigned commissioner; and I do believe and consider the persons above mentioned sufficient security for the said sum of 1 & 2 Geo. IV. c. 76. [ No. CVIII. ] 1 & 2 Geo. IV. c. 76.—An Act to continue No. CVIII. and amend certain Acts for preventing the various Frauds and Depredations committed on Merchants, Ship-owners, 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.-[2d July 1821.] & 2 Geo. IV. c. 76. G. 3.c. 130. WHEREAS by an Act passed in the forty-eighth year of his late Ma- 1 jesty King George the Third, intituled An Act for preventing Frauds and Depredations committed on Merchants, Ship-owners and Underwriters, 48 by Boatmen and others, within the Jurisdiction of the Cinque Ports; and also for remedying certain Defects relative to the Adjustment of Salvage, under u Statute made in the Twelfth Year of her late Majesty Queen Anne; which Act was to continue in force for seven years and from thence to the end of the next session of Parliament: And whereas by an Act passed in the fifty-third year of his late Majesty King George the Third, the said above recited Act, except so far as the same was altered, was further continued in force for seven years from the passing of the said Act, and from thence to the end of the next session of Parliament 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; 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 it shall and may be lawful for the lord warden of the Cinque Ports Lord Warden for the time being to nominate and appoint by any instrument or instru- to appoint Comments under his hand and seal three or more substantial persons in each missioners to of the Cinque Ports two ancient Towns and their members to adjust and determine Difdetermine any difference relative to salvage (which may arise) between ferences relathe master of any vessel and the person or persons bringing such cables tive to Salvage. and anchors ashore; and in case any ship or vessel shall be either forced or cut from her cables and anchors by extremity of weather or by any other accident whatever, and leave the same in any roadstead or other place within the jurisdiction of the Cinque Ports two ancient Towns and their members and the salvage cannot be adjusted between the persons concerned, then the same shall be determined by any three or more of the said persons so to be appointed as aforesaid within the space of twentyfour hours after such difference shall be referred to them for their determination thereof, any usage or custom to the contrary in anywise notwithstanding: Provided always, that such commissioners shall imme- Commissioners diately after their nomination proceed to elect some fit and proper person to appoint a who shall be a notary or master extraordinary in Chancery as their Secretary or secretary or register, except to the port of Dover where the register for Register, subthe time being of the Court of Admiralty of the Cinque Ports shall be ject to the Apthe register; and which secretary or register shall enter in a book to be probation of the Lord Warden. kept for that purpose all the proceedings of such commissioners, and also a copy of the awards which they shall from time to time make; but such Proceedings to be entered. election of secretaries or registers shall be subject to the approbation of the lord warden for the time being. II. And be it further enacted, That it shall be lawful for the said com- Power to Commissioners to be appointed as aforesaid to decide on all claims and missioners to demands whatever which shall or may be made by pilots hovellers settle all Difboatmen and other persons for services of any sort or description ren- ferences which dered to any ship or vessel, as well for carrying off from the shore to may arise. such ship or vessel any anchors cables or other stores from any part or port of the coast of Kent Sussex Esser or the Isle of Thanet within the jurisdiction aforesaid, as for the conducting and conveying such ships and vessels from the Downs and other bays and roadsteads on the coast 1 & 2 Geo. IV. e. 76. No. CVIII. of Kent Sussex and Esser 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 jurisdiction aforesaid, or for the saving and preserving within the jurisdiction aforesaid any goods or merchandize wrecked stranded or cast away from any ship or vessel the master or owners thereof or their agents being present at the place where the commissioners shall be sitting; and that the said commissioners shall have full power and authority to hear and determine on all cases whatever of services rendered by pilots boatmen and others to shipping within the jurisdiction aforesaid, whether such ships or vessels shall be in distress or not; and that it shall be lawful for the said commissioners whenever they see occasion to examine the parties or their witnesses upon their oath, which oaths shall and may be administered by the said secretary or register. Commissioners be allowed by No Commissioner shall act out of the Place where he is resident. Commissioners to take the following Oath. Form of Oath. Parties dissatis fied may appeal Ports; but the Bail to be taken and certified according to Schedule annexed. III. And be it further enacted, That it shall be lawful for the commissioners so to be appointed and their secretary or register as aforesaid, who shall decide on any such claims or demands as aforesaid, to demand and receive of and from the owners of such ships or vessels or the proprietors of any such goods or merchandizes, against whom any pilot boatman or other person shall make any claim or demand for services of any sort rendered to such ships or vessels, or for the sole saving and preserving any goods or merchandizes wrecked stranded or cast away within the jurisdiction aforesaid; and such owners and proprietors are hereby required to pay to them such fee or reward for deciding on every such claim and demand as shall be adjudged to them in that behalf by the lord warden of the Cinque Ports for the time being: Provided always, that no person to be appointed a commissioner by virtue of this Act shall have power or authority to act in any other port or place than that in which he is resident or from which his usual place of residence is not distant more than one mile; and that before such commissioners shall in any case proceed to act, they shall severally take the following oath be-. fore a magistrate or a commissioner of the Court of King's Bench or Common Pleas or a master extraordinary in Chancery; (videlicet.) I A. B. do swear, That I have not, neither will I in any way, directly or indirectly, take or receive any fee, emolument, or reward, from 6 any of the parties whose interests are referred to my decision (save and except such fee or reward as shall be allowed by the Lord Warden to be paid to me by the ship-owners or proprietors of the cargo or their agents); and that I will not accept or receive any fee whatever from the persons claiming reward or salvage; but that I will decide according to the best of my judgment, on the evidence to be brought before me, without favour or affection to either party. So help me GOD.' IV. And be it further enacted, That in case the party or parties so claiming to be entitled to salvage or compensation for services rendered as aforesaid, or the party or parties who are to pay the same or their agents shall be dissatisfied with such award and decision of the commissioners, it shall and may be lawful for either of them respectively within eight days after such award is made, but not afterwards, to declare to the commissioners his or their desire of obtaining the judgment of some competent Court of Admiralty respecting the said salvage or compensation as aforesaid, and thereupon such 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 Cinque 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 said ship and her cargo notwithstanding such declaration and proceeding to depart on her voyage, or to deliver to the owners and proprietors or their agents any goods or merchandizes respecting which any claim for salvage shall be made upon the owners or proprietors of the same or their agents, giving good and sufficient bail in double the amount of the sum awarded, and which bail the said com No. CVIII. 1 & 2 Geo. IV. missioners or any of them are and is hereby authorised to take and certify according to the form contained in the schedule hereunto annexed, and to transmit the same without delay to the Court of Admiralty, in which the intention of proceeding shall be so declared, together with a true certificate in writing of the gross value of the whole ship and cargo or other goods and merchandizes respecting which salvage shall be claimed, and also an official copy of such proceedings and awards, certified by the said secretary or register, and the same shall be admitted by such Court of Admiralty as evidence in the cause. c. 76. V. Provided always and be it further enacted, That on an appeal so The Appeal to as aforesaid being made to the Court of Admiralty of the Cinque Ports be conclusive or to the High Court of Admiralty, 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. VI. And be it further enacted, That if any person or persons shall Persons cutting wilfully cut away cast adrift remove alter deface sink or destroy, or shall away or dedo or commit any act with intent and design to cut away cast adrift re- facing Buoymove alter deface sink or destroy or in any other way injure or conceal ropes, &c. any buoy buoy-rope or mark belonging to any ship or vessel, or which deemed guilty may be attached to any anchor or cable belonging to any ship or vessel of Felony. whatever within the jurisdiction 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 guilty of felony, and shall be liable to be transported for any period not exceeding fourteen years. the Persons VII. And be it further enacted, That all anchors cables buoys ropes Anchors, &c. or other ships' stores or materials or any goods or merchandizes of any found within sort or description whatever, which may have been parted with cut the Jurisdicfrom or left by any ship or vessel in the Downs or elsewhere within the tion, to be dejurisdiction aforesaid, whether the same shall be in distress or otherwise, posited in either and which shall have been weighed swept for or taken possession of by of the Places any pilots boatmen hovellers or other person or persons, shall be by them herein men delivered either at Ramsgate Deal or Dover Harwich Brightlingsea or Wi- tioned, &c. or venhoe, six public places of deposit declared by this Act for the reception having them in of all such articles, or such other places as shall be declared by the lord Possession shall warden, in the same state in which they are found, to the serjeant or ser- be adjudged jeants of the Admiralty of the Cinque Ports aforesaid their deputy or guilty of redeputies or such other person as he shall authorise to receive the same; ceiving stolen but if any such articles so found weighed swept for or taken possession Goods. of shall not be so delivered immediately or duly reported to such serjeant or serjeants or their deputies on the finding thereof, and shall afterwards be discovered in the possession custody or power of such pilots boatmen hovellers or other person or persons, he she or they shall on conviction be adjudged and deemed guilty of receiving goods knowing them to have been stolen, and shall suffer the like punishment as if the same had been stolen on shore. VIII. And be it further enacted, That all merchandize materials of All wrecked any sort or marine stores of every description, whether belonging to his Merchandize Majesty or to any British subjects or foreigners, which may be preserved and Ships' from any ship or vessel stranded deserted by her crew or wrecked, either Stores to be on shore or on the Goodwin or any other sand or shoal or any part of the also deposited main land or any port or place within the jurisdiction aforesaid, shall in like manner. be landed and delivered at one of the six places of deposit belonging to the lord warden's deputies at Ramsgate or Deal or Dover Harwich Brightlingsea or Wivenhoe or such other place as shall be declared and appointed by the said lord warden for that purpose, whichever shall be most convenient or contiguous to the place where the loss occurs; and that if If sold, or any person or persons who shall have preserved or taken possession of Marks defaced any such merchandize or marine stores within the jurisdiction aforesaid, by the Salvors, shall sell dispose of or otherwise make away with the same, or shall in they shall be any manner conceal deface take out or obliterate the marks or numbers adjudged guilty thereon, or alter the same in any manner with intent thereby directly or of Felony. indirectly to prevent the discovery and identity of such articles by the |