Great Britain or Ireland, or some other British Plantation; or if he shall not produce such Certificate to the Collector or other Chief Officer of the Customs where he shall arrive in Great Britain or Ireland, or any British Colony or Plantation, such Ship and all the Goods therein laden shall be forfeited. 4 Geo. 3. c. 15. § 25. 20 Geo. 3. c. 10. § 1. 3. 39 & 40 Geo. 3. c. 67. Art. 6. 31. Every Ship built in His Majesty's Plantations in America shall, upon her first setting out or being first navigated at Sea, be furnished with one full and complete Set of new Sails, made up of Sail Cloth manufactured in Great Britain or Ireland; and if such Ship shall not on her first setting out be fitted and furnished with a new Set of Sails, properly belonging to such Ship, made of Sail Cloth of the Manufacture of Great Britain or Ireland, the Master shall forfeit £50. 9 Geo. 2. c. 37. § 4. 19 Geo. 2. c. 27. § 11. 39 & 40 Geo. 3. c. 67. Art. 6. Ships (STRANDED.) * Upon first setting out, to be new Set of Sails. furnished with a in the Preserva. 1. Upon Application by or on Behalf of the Com- Persons who are mander of any Ship stranded, or being in Danger of required to assist stranding, the Sheriffs or their Deputies, Justices of the tion of Ships Peace, Mayors, Bailiffs, or other Head Officers of Corpo- stranded or in rations and Port Towns, Constables, Headboroughs, stranding. Tythingmen, Officers of the Customs or Excise, Coroners, and Commissioners of the Land Tax, are required to command the Constables of the several Ports nearest the By an Opinion of the Law Officers of the Crown in June 1767, it is considered that these Laws regarding • Ships stranded, ⚫ extend to and are in force in His Majesty's Colonies and Planta'tionsin America; as the Title of the Act 12 Ann. st. 1. c. 18. expressly imports the same to be an Act for preserving Ships ' and Goods forced on Shore or stranded on the Coast of HER MAJESTY'S DOMINIONS, and the enacting Part has Words ex' tending the Act to Her Majesty's Dominions, notwithstanding ⚫ the Promulgation of the Law, and some other Provisions in it, are applicable only to Great Britain.' ་ How far the Clauses of the Act of Ann. and of the other Acts altering and amending the same, here inserted, can be carried into Execution in the British Colonies and Plantations, will depend upon the Nature of the public Establishments at the Colony or Plantation where a Ship or Goods may be stranded, or near which a Ship may be in Distress or in danger of stranding, or where any Offences may be committed. Place danger of Justices may take the Power of the County; and if Persons Offender to be transported, Place where such Ship shall be in Danger, to summon Persons to assist in preserving such Ship and Cargo; and the Officers of the Customs and Constables may command Ships riding at an Anchor near the Place to assist by their Boats, and as many Hands as they can conveniently spare; and if any Commander shall refuse or neglect to assist, he shall forfeit 100 to the Commander of the Ship in Distress, together with Costs of Suit. 12 Ann. st. 2. c. 18. § 1. 4 Geo. 1. c. 12. § 1. 26 Geo. 2. c. 19. § 9. 2. Any one or more of the Justices, in case of Need, may in the Absence of the High Sheriff, take sufficient Power of the County to repel all unjust Violence, and to are assaulted, the enforce the Execution of this Act; and if any Person (lawfully authorized) shall be assaulted, beaten, or wounded for or on account of his acting in the Salvage of any Goods, Vessels, or Effects stranded, wrecked, or cast on Shore, or lying under Water, in any of His Majesty's Dominions, the Offender, upon Conviction at the Assizes at the General or Quarter Sessions for the County where the Offence is committed, shall be transported for Seven Years. 26 Geo. 2. c. 19. § 11, Who are to give sembled to save 12. 3. Persons assembled to save any Ship, Goods, or Effects, shall conform, in the first Place, to the Orders of the Master or other Officers, or Owners, or Persons Ships or Goods. employed by them; and for want of their Presence or Directions, then to the Orders of the Persons authorized, in the following Subordination; viz. in the first Place, to the Orders of Officers of the Customs; then of the Officers of Excise; then of the Sheriff or his Deputy; then of any Justice of the Peace; then of the Mayor or Chief Magistrate of a Corporation; then of the Coroner; then of the Commissioners of the Land Tax; then of any Chief Constable; then of any Petty Constable, or other Peace Officer, as any of the said Persons shall happen to be present; and any Person wilfully acting contrary to such Orders shall forfeit any Sum not exceeding £5, to be levied by Warrant of a Justice of the Peace; and for Non-payment the Offender shall be committed to the House of Correction for any Time not exceeding Three Months. 26 Geo. 2. c. 19. § 13. Persons entering 4. If any Person besides those empowered by an Offithe Ship without cer of the Customs or his Deputy, and the Constables ing the saving of aforesaid, shall endeavour to enter on board any Ship in Distress without the Leave or Consent of the Com Leave, hinder the Ship or mander to make Satis mander or other Superior Officer of the Ship, or of the Goods, or defacOfficer of the Customs, or his Deputy, or of the Con- ing the Marks, stable, or one of them, employed for the Preservation of faction. the Ship; or in case any Person shall molest any of them in the saving of the Ship or Goods, or endeavour to hinder the saving; or when any such Goods are saved, shall deface the Marks of any such Goods before taken down in a Book for that Purpose provided by the Commander and the First Officer of the Customs, such Person shall, within the Space of Twenty Days, make Double Satisfaction to the Party grieved, at the Discretion of the Two next Justices of Peace, or in Default thereof shall by such Justices be sent to the next House of Correction, where he shall be employed in hard Labour for Twelve Months; and any Commander or Persons who Superior Officer of the Ship in Distress, or the said press on board Officer of the Customs or Constables on board the same, by force. may be repelled may repel by Force any such Persons as shall, without such Leave or Consent from the said Commander or Superior Officer, or the Officer of the Customs, or his Deputy, or such Constables as aforesaid, press on board the Ship in Distress, and thereby molest them in the Preservation thereof. 12 Ann. st. 2. c. 18. § 3. Goods stolen or carried off to be delivered to the Owner. 5. Goods found upon any Person that were stolen or carried off from any such Ship in Distress, shall immediately upon demand be delivered to the Owner, or in default thereof the Person on whom found shall be liable to pay Treble the Value, to be recovered by Action at Law. 12 Ann. st. 2. c. 18. § 4. 6. If any Person shall make or be assisting in the Persons doing making any Hole in the Bottom or any other Part of any ing to the Loss any thing tendShip in Distress, or shall steal any Pump belonging to of the Ship, any such Ship, or be aiding or abetting in the stealing deemed guilty of such Pump, or wilfully do any thing tending to the Felony. immediate Loss or Destruction of such Ship, such Person shall be deemed guilty of Felony without Benefit of Clergy. 12 Ann. st. 2. c. 18. § 5. 7. If any Person shall plunder, take away, or destroy Persons plunderany Goods or Effects belonging to any Ship in Distress, ing or destroying any Goods or or which shall be wrecked, stranded, or cast on Shore in Part of the Ship, His Majesty's Dominions, whether any Living Creature or wounding or be on board or not, or shall plunder, &c. the Furniture, Escape of Perobstructing the Tackle, Apparel, Provision, or Part of such Ship, or sons, or putting beat or wound with Intent to kill, or obstruct the Escape out false Lights, deemed guilty of of any Persons endeavouring to save their Lives from Felony. such If the Goods are of small Value, may be prose cuted for Larceny. Examination to be delivered to Clerk of the Peace. Warrant may be granted to search for Goods carried are to be delivered to the Owners. such Ship, or put out false Lights with Intent to bring any Ship into Danger, being convicted thereof, shall suffer Death as a Felon without Benefit of Clergy. 26 Geo. 2. c. 19. § 1. 8. But if the Goods or Effects stranded, lost, or cast on Shore are of small Value, and stolen without Circumstances of Cruelty, Outrage, or Violence, the Offender may be prosecuted by Indictment for Petit Larceny. 26 Geo. 2. c. 19. § 2. 9. Upon Oath before any Magistrate of such Plunder or Theft, or the breaking of any Ship, the Examination taken thereupon shall be delivered to the Clerk of the Peace of the County, Riding, or Division wherein the Fact was committed, who shall cause the Offender to be proceeded against. 26 Geo. 2. c. 19. § 8. 10. Upon Information on Oath before a Justice of the Peace of any Part of the Cargo or Effects of Ship any away, and which lost or stranded upon or near the Coasts of any of His Majesty's Dominions being unlawfully conveyed away, or concealed in any Place, or of some reasonable Ground of Suspicion thereof, such Justice may grant his Warrant for searching for such Goods; and if they are found in Custody of any Person not legally entitled to keep them, and if the Owner or Occupier of the Place, or the Person in whose Custody they are found, shall not immediately deliver them, upon Demand, to the Owner or Person lawfully authorized to demand them, or not giving a good Account how he came by them, such Person shall be committed to Gaol for Six Months, or until he pays the Owner Treble the Value of the Goods. 26 Geo. 2. c. 19. § 3. Offered for sale, the Person to whom offered. 11. Such Goods suspected to have been unlawfully may be seized by taken away and offered to Sale, may be seized by the Person to whom they are offered, or by any Officer of the Customs or Excise, or any Peace Officer, who shall carry them or give Notice of the Seizure to a Justice of the Peace; and if the Person who offered them to Sale does not within Ten Days prove to the Satisfaction of the Justice the Property to be in him, or the Person who employed him, the Goods shall, by Order of the Justice, be delivered over to the Use of the Owner, upon Payment of a reasonable Reward for the Seizure, to be ascertained by the Justice, who is also to commit the Person, who offered them to Sale to Gaol for Six Months, or until he has paid Treble the Value of the Goods to the Owner. 26 Geo. 2. c. 19. § 4. 1 Goods, to carry them to some Place of safe give Notice to Custody, and some Justice. be rewarded. 12. In case any Person not employed by the Master, Persons saving Mariners, or Owners, or Persons lawfully authorized, in any Ship or the Salvage of any Ship or Goods, shall, in the Absence of Persons so employed, save any Ship, Goods, or Effects, and shall cause them to be carried into Port, or to any Custom House near, or other Place of safe Custody, immediately giving Notice thereof to some Justice of the Peace, Magistrate, or Custom House or Excise Officer, or shall discover to them where such Effects are wrongfully bought, sold, or concealed, such Person shall be entitled to a reasonable Reward from the Master or Owners; to be adjusted in case of Disagreement in the Manner herein-after prescribed. 26 Geo. 2. c. 19. § 5. 13. Persons acting in the Preservation of any such How Salvors to Ship or the Cargo shall be rewarded within 30 Days, on Default whereof the Ship and Cargo may be detained by the Officers of the Customs; and in case of Dispute about the Quantum and Reward for such Service, Three neighbouring Justices of the Peace may adjust the same; provided that if no Person appears to claim the Goods saved, the Chief Officer of the Customs in the next Port shall apply to Three of the nearest Justices of the Peace, who shall put him or some other responsible Person in Possession thereof; and if not claimed within Twelve Months, the Goods shall be publicly sold (or, if perish able, forthwith sold), and after Deduction of Charges the Residue shall be transmitted into the Exchequer, there to remain for the Proprietor, who, upon Proof of his Right to the Satisfaction of One of the Barons, shall upon his Order receive the same out of the Exchequer. 12 Ann. st. 2. c. 18. §2. 4 Geo. 1. c. 12. § 1. 26 Geo. 2. c. 19. § 16. 14. The Justice of the Peace, Mayor, Bailiff, Collector of the Customs, or Chief Constable nearest the Place where any Ship or Goods may be stranded or cast away, shall forthwith give public Notice for a Meeting of the Sheriff or his Deputy, the Justices of the Peace, Mayors, or Chief Magistrates of Towns Corporate, Coroners, and Commissioners of the Land Tax, or any Five of them, who are required to give Aid in Execution of this Act and 12 Ann. sess. 2. c. 18., to examine Persons upon Oath concerning the Ships and Effects stranded or cast away, or the Salvage, which they are to adjust and distribute among the Persons concerned in case of Disagreement; and every such Sheriff, &c, who attends the Meeting, Goods not claimed, to be sold. Justices to give on Oath, and adjust Salvage. |