No. XIII. 26 Geo. II. c. 19. Where Oath shall be made of Plunder, &c. contrary to 12 Anne, st. 2. c. 18. and Examination to be delivered to Clerk of the Peace, he is to prosecute. Officers for putting this and 12 Anne, st. 2. c. 18. in execu tion. 3 Geo. 1. c. 13. Officers for 12 Anne in execution within the Liberty of the Cinque Ports, &c. 6 VIII. And be it further enacted by the authority aforesaid, That if oath shall be made before any magistrate lawfully empowered to take the same of any such plunder or theft and the examination in writing thereupon taken shall be delivered to the clerk of the peace of the county riding or division wherein such fact shall be committed or to his deputy; or if oath shall be made before any such magistrate of the breaking any ship contrary to the aforesaid Act made in the twelfth year of the reign of her said late Majesty Queen Anne, and the examination in writing thereupon taken shall be delivered to such clerk of the peace or his deputy; then such clerk of the peace shall cause the offender or offenders in any of the said cases to be forthwith prosecuted for the same either in the county where the fact shall be committed or in any county next adjoining; in which adjoining county any indictment may be laid by any other prosecutor; and if the fact be committed in Wales then the prosecution shall or may be carried on in the next adjoining English county; and the necessary charges of such prosecutions by the clerk of the peace shall be paid by the treasurer of the county riding or division where the fact shall be committed, to such amount as the justices of the peace in their general or quarter sessions shall order and ascertain the same; and if such clerk of the peace shall neglect or refuse to carry on such prosecution in due manner he shall forfeit one hundred pounds for every such offence, to any person or persons who shall sue for the same by action of debt bill plaint or information in any of his Majesty's courts of record at Westminster; in which action no essoign protection wager of law or more than one imparlance shall be allowed. IX. And be it further enacted by the authority aforesaid, That the commissioners of the land-tax the deputy-sheriff the coroner and the officers of excise in each county riding and division shall be proper officers for putting in execution this present Act and the said Act made in the twelfth year of the reign of her late Majesty Queen Anne, together with those therein respectively named for that purpose. X. And whereas by an Act made in the third year of the reign of his late Majesty King George the First, intituled An Act for the better reputting this and gulating of Pilots for the conducting of Ships and Vessels from Dover, Deal and the Isle of Thanet up the Rivers of Thames and Medway, it is enacted, That the lord warden of the Cinque Ports for the time being 'shall nominate and appoint by an instrument under his hand and seal 'three or more substantial persons in each of the Cinque Ports two 'ancient Towns and their members to adjust and determine, within the space of twelve hours, differences which shall or may arise within the jurisdiction of the Cinque Ports relating to the salvage of anchors and cables from which vessels shall or may be forced by extremity of weather. Now it is hereby enacted, That the lord warden of the Cinque Ports for the time being, and the lieutenant of Dover Castle for the time being, and the deputy warden of the Cinque Ports for the time being, and the judge official and commissary of the Court of Admiralty of the Cinque Ports two ancient Towns and the members thereof for the time being, and all and every of them and all and every other person and persons appointed or to be appointed by the lord warden of the Cinque Ports for the time being, pursuant to the said Act made in the third year of his late Majesty's reign, shall be the persons to put in execution within the liberty and jurisdiction of the Cinque Ports two ancient Towns and their members all the powers and authorities given and granted in and by this Act and in and by the before-mentioned Act of Parliament made in the twelfth year of her said late Majesty Queen Anne; and also in and by the said Act made in the fourth year of the reign of his said late Majesty King George the First; and also shall and may execute perform and do within the jurisdictions aforesaid all the acts matters and things contained in this and the before-mentioned statutes in like and as full and ample manner to all intents and purposes as any justice or justices of peace or any other person or persons are by this and the said Acts appointed or authorised to do in any other part of the kingdom. No. XIII.` 26 Geo. II. c. 19. XI. And be it further enacted by the authority aforesaid, That if any sheriff or his deputy justice of the peace mayor or other magistrate coroner lord of a manor commissioner of the land-tax chief constable or petty constable or other peace officer or any custom-house or excise officer or other person lawfully authorised shall be assaulted beaten and wounded for or on account of the exercise of his or their duty in or con- Persons concerning the salvage or preservation of any ship or vessel in distress, or of victed of asany ship or vessel goods or effects stranded wrecked or cast on shore or saulting any lying under water in any of his Majesty's dominions, then any person or Magistrate, &c. persons so assaulting beating and wounding shall upon trial and convic- in the Salvage, tion by indictment at the assizes or general gaol-delivery, or at the to be transgeneral or quarter sessions for the county riding or division where such ported. offence shall be committed, be transported for seven years to some of his Majesty's colonies in America, and shall be subject to such subsequent punishment in case of return before that time as other persons under sentence of transportation are by the law subjected unto. XII. And be it further enacted by the authority aforesaid, That it Justice in abshall be lawful for any one or more of his Majesty's justices of the peace, sence of Shein case of need and in the absence of the high sheriff, to take sufficient riff may take power of the county to repress all unjust violence and duly to enforce the Force to reexecution of this Act. press Violence, &c. Persons empowered to give Orders, where any shall be assembled in case of a Shipwreck, &c. XIII. And to prevent confusion among persons assembled to save any ship vessel goods or effects as aforesaid, either for want of proper orders or by contradictory orders; Be it further enacted, That all persons so assembled shall conform in the first place to the orders of the master or other officers or owners or other persons employed by them; and for want of their presence or directions then in the next place to the orders of the persons authorised by this Act or the aforesaid Act of Queen Anne in the like manner in the following subordination as any of the said persons shall happen to be present; that is to say, in the first place to the orders of any officer or officers of the customs; then of any officer or officers of the excise; then of the sheriff or his deputy; then of any justice or justices of the peace; then of the mayor or chief magistrate of any corporation; then of the coroner; then of any commissioners of the land-tax; then of any chief constable; then of any petty constable or other peace officers: and any person whatsoever acting knowingly and Persons acting wilfully contrary to such orders shall forfeit any sum not exceeding five contrary to Or pounds, to be levied by warrant of one justice of the peace; and in case ders forfeit 51. of non-payment the offender shall be committed to the house of cor rection for any time not exceeding three months. XIV. Provided always and it is hereby enacted, That neither this Act Rights of the nor any thing herein contained shall any way extend to deprive or pre- Crown, &c. judice his royal Majesty his heirs or successors or any claiming under them, or any patentee or grantee of the Crown, or any lord or lords of any manor or manors or other person whomsoever of or in relation to any right which they or any of them have or may have or lawfully claim to any wreck or wrecks or any goods which are or shall be flotsam jetsam or lagan, 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. XV. And be it further enacted by the authority aforesaid, That the Examination on officer of the customs who shall act in the preserving of any ship or vessel Oath to be in distress or the cargo thereof shall as soon as conveniently may be taken of the cause or procure all persons belonging to the said ship or vessel and Ship's Name, others who can give any account thereof or of the cargo thereof to be &c. examined upon oath before some justice of the peace as to the name or description of the said ship or vessel and the names of the master commander or chief officer and owners thereof and of the owners of the said cargo and of the ports or places from or to which the said ship or vessel was bound and the occasion of the said ship's distress; which examination the said justices are hereby required to take down in writing, and they shall deliver a true copy thereof together with a copy of the said account of the goods to the said officer of the customs, who shall forth No. XIII. with transmit the same to the Secretary of the Admiralty for the time 26 Geo. II. being, who shall publish or cause to be published in the next London Gazette so much thereof as shall or may be necessary for the information of the persons interested or concerned therein. c. 19. 12 Anne, St. 2. c. 18. and 4 Geo. 1. c. 12. to be in Force where not al tered. Commencement of this Act. Not to extend to Scotland. 21 Geo. III. c. 39. XVI. And be it further enacted by the authority aforesaid, That the before-mentioned Act of Parliament made in the twelfth year of her said late Majesty Queen Anne, and also an Act made in the fourth year of the reign of his late Majesty King George the First, for enforcing and making perpetual the before-mentioned Act, and for inflicting the punishment of death on such as shall wilfully burn or destroy ships, shall in all things remain in full force save only so far as the same are altered or changed by this present Act. XVII. And be it further enacted by the authority aforesaid, That this Act shall take place from the twenty-ninth day of September in the year of our Lord one thousand seven hundred and fifty-three. XVIII. Provided, That nothing in this Act contained shall extend or be construed to extend to that part of Great Britain called Scotland. [ No. XIV. ] 13 George III. c. 26.-An Act for preventing Abuses in the Sale of Shares of British-built Ships to Foreigners. [ No. XV. ] 21 Geo. III. c. 39.-An Act for further securing the Property of the Owners in such Ships or Vessels as are liable to Forfeiture for importing Spirits or other Goods, by the Misconduct of the Masters, Mates, and Seamen. WHEREAS by an Act made in the nineteenth year of the reign of his present Majesty, intituled, An Act for the more effectually 19 Geo. 3.c. 69. preventing the pernicious Practices of Smuggling in this Kingdom, and for indemnifying Persons who have been guilty of Offences against the Laws ' of the Customs and Excise upon the Terms therein mentioned, it is amongst other things enacted, That where any foreign brandy or other foreign spirituous liquors shall be imported or brought into Great Britain or into any port harbour haven or creek thereof from any part of Europe, in any vessel or cask which shall not contain sixty gallons at the least (excepting only for the use of the seamen then belonging to and on board the ship or vessel in which the same shall be imported, not exceeding two gallons for each seaman) then not only the said brandy and other foreign spirituous liquors but also the ship or vessel in which the same shall be so imported, of whatever burthen the same may be, with all her guns furniture ammunition tackle and apparel shall be for'feited and lost: And whereas by the said recited Act it is further ' enacted, That when any tea coffee foreign brandy or other foreign spirituous liquors are liable to forfeiture for being found on board any 'ships or vessels coming or arriving from foreign parts at anchor or hovering within the limits of any of the ports of this kingdom or within two leagues of the coasts thereof, or for having been discovered to have been within the limits of any port contrary to any Act of Parliament now in force, the ship or vessel if coming or arriving from any part of Europe, on board of which such goods shall be so found together with all her guns furniture ammunition tackle and apparel shall be forfeited, provided such ship or vessel doth not exceed the burthen of two hundred tons: And whereas by the aforesaid in part recited Act and several other Acts of Parliament ships or vessels of the descriptions therein ' mentioned are liable to seizure and forfeiture for clandestinely import⚫ing or having on board any quantity of foreign spirituous liquors tea or 'coffee whatsoever, over and above the limited quantities of such goods 21 Geo. IIL c. 39. ⚫ now allowed by law to be imported, whereby the owners of such ships No. XV. or vessels may sustain great loss and injury in their property by the ⚫ misconduct of the masters mates and mariners navigating such ships ⚫ or vessels: And whereas it would not only tend to the further security of the owners of ships or vessels of all descriptions and of whatever burthen the same may be which by any law now in force are liable to forfeiture, but also be a means to prevent the illicit practice of smuggling, if some further punishment was inflicted upon the masters mates ⚫ and seamen having the charge and command of such ships or vessels :' May it therefore please your Majesty that it may be enacted; and be it 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 If the Master from and after the twenty-fourth day of June One thousand seven hun of any Vessel dred and eighty-one if the master of any ship or vessel of which he has shall conceal, the charge and command shall clandestinely hide or conceal or suffer to &c. Foreign be clandestinely hid or concealed by his mate or seamen or any of them, above a limited Spirits, &c. in any part of such ship or vessel or in any chest or other thing belonging thereto, any quantity of foreign spirituous liquors (over and above the any other unquantity of two gallons for each seaman on board) or any quantity of tea customed above the weight of six pounds, or any quantity of coffee above the weight Goods, he of nineteen pounds; or if the master of such ship or vessel shall clan- shall forfeit to destinely import or suffer to be clandestinely imported therein, any such his Owners all foreign or spirituous liquors or any other uncustomed goods whatsoever his Wages, &c. whereby the owner or owners of such ship or vessel become liable to any penalties or whereby such ship or vessel itself is liable to be forfeited, the master of such ship or vessel shall not only forfeit to the owner or owners of such ship or vessel all his wages that shall be then due to him, but shall also forfeit treble the value of all such foreign spirituous liquors tea coffee or any other uncustomed goods whatsoever over and above the penalties to which the master of such ship or vessel shall be subject and liable by any of the laws now in force; which said penalties of treble the value of such goods so inflicted by this Act as aforesaid shall be recovered of the said master by and shall go to the owner or owners of such ship or vessel and to no other person whatsoever. quantity, or II. And be it further enacted by the authority aforesaid, That if the If Mates or mates or seamen serving on board any ship or vessel of any burthen Seamen shall whatsoever shall clandestinely hide or conceal on board thereof or shall conceal, &c. import any quantity of foreign spirituous liquors whatsoever (over and they forfeit above the ordinary allowance of two gallons for each seaman on board) their Wages, or any quantity of tea above the weight of six pounds, or any quantity of and also, &c. coffee above the weight of nineteen pounds, then such mates or seamen or any of them so offending therein shall forfeit to the owner or owners of such ship or vessel all the wages that shall be then due to him or them, and shall also forfeit the sum of ten shillings each for every gallon of such foreign spirituous liquors, and ten shillings a pound for every pound of such tea, and also a like sum of ten shillings for every pound of such coffee, so by them clandestinely concealed or imported over and above the quantities of such goods now limited by law to be imported. 111. And be it further enacted by the authority aforesaid, That if such mates or seamen shall commit such offences as aforesaid or any of them in time of war, and which according to the true intent and meaning of this or any other Act they are restrained from committing, it shall and may be lawful to and for the owner of such ship or vessel to send such mates or seamen or any of them on board some of his Majesty's ships of war, there to serve for the space of three years, except such as are old disabled or otherwise unfit for such service. IV. And be it further enacted by the authority aforesaid, That this Act shall be printed put up and continued on some conspicuous part of A printed Copy of this Act to every British ship or vessel trading to or from any port of this kingdom; be put up on and that wherever the said printed clauses shall be damaged defaced or some conspicu ous part of every British trading Vessel. No. XV. 21 Geo. III. c. 39. Mates or Seamen who shall refuse to pay the Penalties, &c. may be committed for destroyed the master of such ship or vessel shall cause the same to be immediately replaced under the penalty of one shilling a day for every day during such omission thereof; to be recovered of the said master by and be paid to the owner or owners of such ship or vessel by virtue of a warrant under the hands and seals of one or more of his Majesty's justices of the peace. V. And be it further enacted by the authority aforesaid, That if such mates or seamen who shall be so disabled from serving in any of his Majesty's ships of war in time of war as aforesaid, or if such or any other mates or seamen shall be found offending against the provisions of this Act in time of peace, and shall neglect or refuse to pay the aforesaid penalties being duly convicted thereof, or shall not have sufficient effects Three Months. to answer the same, it shall and may be lawful (at the instance of the owner or owners of such ship or vessel) for one or more of his Majesty's justices of the peace by warrant under his or their hands and seals to commit such offender or offenders to the county gaol where such offence shall be committed, or where such offender or offenders shall be apprehended or taken, for the space of three months and not less than six weeks. VI. And it is hereby further enacted by the authority aforesaid, That it shall and may be lawful to and for the said justice or justices to mitigate compound or lessen any of the penalties incurred under this Act, so as such mitigation do not extend to remit above one moiety or half part of the said penalties respectively. Justices may mitigate Penalties. Certiorari, &c. Limitation of General Issue. Treble Costs. 22 Geo. III. c. 25. VII. And it is hereby further enacted by the authority aforesaid, That no order which shall be made by the said justice or justices of the peace by virtue or in pursuance of this Act or any other proceedings to be had touching the conviction or convictions of any offender or offenders against this Act shall be quashed or vacated or be removed or removeable by certiorari or any other writ or process whatsoever into any of his Majesty's courts of record at Westminster or to the general quarter sessions of the peace; but that the order and determination of such justice or justices shall be final and conclusive in all cases and to all intents and purposes whatsoever. VIII. And it is hereby further enacted by the authority aforesaid, That if any person or persons shall at any time or times be sued or prosecuted for any thing by him or them done or executed in pursuance of or by colour of this Act or any matter or thing in this Act contained, such action or prosecution shall be commenced within the space of six months after the offence shall be committed; and such person or persons shall and may plead the general issue and give this Act and the special matter in evidence for his and their defence and that the same was done in pursuance and by authority of the said Act: and if it shall appear so to have been done then the jury shall find for the defendant or defendants; and if the plaintiff shall be nonsuited or discontinue his action after the defendant or defendants have appeared; or if judgment shall be given upon any verdict or demurrer against the plaintiff the defendant or defendants shall and may recover treble costs and have the like remedy for the same as the defendant or defendants hath or have in other cases by law. [ No. XVI. ] 22 George III. c. 25.—An Act to prohibit the ransoming of Ships or Vessels captured from his Majesty's Subjects, and of the Merchandize or Goods on board such Ships or Vessels. (1.) WHEREAS it is a common practice when ships or vessels are captured by the king's enemies or by other persons committing acts (1.) A Purchase by Auction, after the Ship is taken into a neutral port and condemned by a Sentence, ruled to be illegal, as a ransom within this Act, and the Money paid cannot be recovered from the Underwriters, (the loss being holden an average one.)-Havelock v. Nothwood, & T. R. 268. The Ransom Acts must be considered as remedial Laws, and in the construction of such Acts, it is the rule to extend the remedy so as to meet the mischief-see Parsons v. Scott, 2 Taunt. 363-Webb v. Barber, 3 Taunt. 6. |