c. 122.

specifying the place where such articles shall be deposited; whereupon it No. XXVI. shall be lawful for all and every person or persons who may have just 49 Geo. III. 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 her 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 Inspection of granted, to require of and from such dealer who shall have so advertised such Accounts and shall be so sworn to be suspected as aforesaid the production and may be demandexamination of the book or books of entries hereby required by him or ed by Parties her to be kept, and inspect and examine the cables described in such per- interested. mit; and in case any such dealer when so thereunto required as aforesaid Penalty on shall neglect or refuse to produce to the person named in such warrant as Dealers for the person on whose oath the same shall have been obtained the book or Neglect. 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 hereinbefore directed and required, the dealer or dealers so offending in all or any of the particulars herein-before mentioned shall forfeit and pay for 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 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 such 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.

XIX. And be it further enacted, That from and after the first day of Manufacturers August one thousand eight hundred and nine all manufacturers of shall put Marks anchors and kedge anchors shall place his her or their name or names on Anchors and together with a progressive number and also the weight of the anchor in Kedge Anchors. legible characters upon the crown and also upon the shank under the stock of 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 and 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.

XX. And for the more easy and speedy conviction of offenders against Form of Conthis Act,' Be it further enacted, That all and every justice and justices viction.

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 according to the following form; videlicet:

No. XXVI. [or, us]. one [or, two, as the case may be] of his Majesty's 'justice of the peace for the [here specify the offence, the 49 Geo. III. time and place when and where committed, as the case may be] contrary to e. 122. an Act passed in the forty-ninth year of the reign of King George the Third, intituled [here insert the title of this Act]. Given under my hand and seal [or, our hands and seals] the day and year first above ' written.'

And no certiorari or other writ or process for the removal of any such conviction or any proceedings thereon into any of his Majesty's courts of record at Westminster shall be allowed or granted.

XXI. And be it further enacted, That it shall and may be lawful to and for any person or persons so convicted by any justice or justices of the peace before-mentioned of any offence or offences against this Act within three calendar months next after such conviction, to appeal to the justices of the peace assembled at the general quarter sessions holden for the 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 recognisances 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.

XXII. [Inhabitants competent witnesses.]

XXIII. [Offences may be tried where articles found, or if sold in foreign parts where offenders may reside.]

XXIV. [This Act shall not affect statute 48 Geo. III. c. 130.]

XXV. Provided also, That nothing in this Act contained shall extend or be construed to extend to repeal take away or alter any of the clauses powers or provisions contained in an Act of Parliament made in the fortyeighth year of the reign of his present Majesty, intituled An Act for the belter Regulation of Pilots and of the Pilotage of Ships and Vessels navigating the British Seas, but that the said Act shall remain in full force as if this Act had not passed.

XXVI. [Reservation of the rights of the High Court of Admiralty.] XXVII. [Reservation of the rights of the Crown and of lords of manors.]

XXVIII. [Reservation of the rights of the Trinity House of Deptford Strond.]

XXIX. [And of the rights of the Trinity Houses of Kingston, Newcastle and Scarborough.]

XXX. [And of the rights of the city of London.]

XXXI. Provided also, and be it hereby further enacted, That nothing in this Act contained shall extend or be construed to extend to those parts of the United Kingdom of Great Britain and Ireland called Scotland and Ireland.

XXXII. [Regulations of 12 Anne, stat. 2. c. 18, as to adjusting and recovering quantum of salvage extended to cases of salvage where sailors have acted under authority of a magistrate or the captain, &c. of the vessel in distress.]

"Publick Act, § 33."

XXXIV. And be it further enacted, That this Act shall continue in force for seven years from the passing hereof.

ON the

Lord

SCHEDULE to which this Act refers.

day of

before me

No. XXVI.

in the year of our 49 Geo. III. c. 122.

at

in the county of
[ship's name] A. B. [here insert the names
of the salvors against and name the stores and other articles; (id est) anchors
and cables, &c. as the case may be] certain goods and merchandizes lately
found and taken possession of and belonging to the said ship, whereof
was master, and also against the said

master and the owners [or if the owners alone appear by them-
selves or agents then leave out the master's name of the said goods and mer-
chandize in a cause of salvage. [Master's name.] On which day appeared
personally
of
and
of

who produced themselves as sureties for the said 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 said master and owners of the said goods and merchandize in the sum of of lawful money of Great Britain unto the said to answer such sal

vage 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 do so, 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

[See Sec. 10.J

[ No. XXVII. ] 52 George III. c. 39.-An Act for the more effectual Regulations of Pilots, and of the Pilotage. of Ships and Vessels on the Coast of England. (1.)— [20th April 1812.]

52 Geo. III. c. 39.

XXVI. PROVIDED always and be it further enacted, That no owner or master of any ship or vessel shall be answerable for any loss or damage, nor shall any owner or owners of any ship or vessel or consignee of Owners or Masgoods be prevented from recovering any loss or damage upon any contract ters of Ships not of insurance of the same or upon any other contract relating to any ship answerable for or vessel or any cargo on board the same, by reason of no pilot being on Loss, nor Conbeard of any such ship or vessel, unless it shall be proved that the want of signee preventa pilot shall have arisen from any refusal to take a pilot on board or from ed from recothe wilful neglect of the master of the ship or vessel in not heaving-to vering Insuror using all practicable means consistently with the safety of the vessel ance, for want for the purpose of taking on board any pilot who shall be ready and offer of Pilots, &c. to take charge of such ship or vessel.

XXVII. Provided also and be it further enacted, That no owner of any ship or vessel shall be liable in any such case for any loss or damage be yond the value of such ship or vessel and her appurtenances and the freight due or to grow due for and during such voyage wherein such loss or damage may happen or arise. XXVIII. Provided always and be it further enacted, That nothing in

(1.) The provisions of this Act, so far as they regard the regulations and appointment of Pilots, are too minute and limited in their object to fall within the design of the present work. The Act repeals a preceding Act of 48 Geo. 3. c. 104.

Owners not liable for more than Value of Ship and Freight. Proviso for Ships of his Majesty;

"For the better Regulation of Pilots, and of the Pilotage of Ships and Vessels navigating the British Seas." The sections which are selected appear to be of more general importance.

No. XXVII. this Act contained shall extend or be construed to extend to any ships or 52 Geo. III. vessels belonging to his Majesty his heirs and successors as to their being compelled to take pilots on board.

c. 39.

and for Vessels not exceeding 60 Tons.

Owners not liable for Loss

arising from Incompetency of Pilots, &c.

Remedy by Civil Action.

Masters of Ves

sels piloted by any other than licensed Pilot.

Penalty.

Exception.

XXIX. Provided always and be it further enacted, That none of the clauses provisoes penalties or regulations of this Act shall extend or be construed to extend to any vessel not exceeding the burthen of sixty tons, having British registers, nor to any master or owner of any such vessel in respect thereof or of the navigating of the same in any channel river port or place whatever.

XXX. (2.) Provided always and be it further enacted, That no owner or master of any ship or vessel shall be answerable for any (3.) loss or damage, nor shall any owner or owners of any ship or vessel or consignee of goods be prevented from recovering any loss or damage upon any contract of insurance of the same or upon any other contract relating to any ship or vessel or any cargo on board the same for or by reason or means of any neglect default incompetency or incapacity of any pilot taken on board of any such ship or vessel under or in pursuance of any of the provisions of this Act. (4.)

XXXI. And be it further enacted, That nothing in this Act contained shall be construed to extend to deprive any persons of any remedy by civil action against pilots or other persons which they might have had if this Act had not been passed. (5.)

LIX. And be it further enacted, That the master of every ship or vessel (6.) which shall be piloted or conducted by any other person than a duly licensed pilot within any limits for which pilots have been or shall be appointed by any lawful authority shall forfeit double the amount of the sum which would have been demandable for the pilotage of such ship or vessel, and shall likewise forfeit an additional penalty of five pounds for every fifty tons burthen of such ship or vessel, if the corporation of Trinity House of Deptford Strond, as to cases in which pilots licensed by or under the said corporation shall be concerned, or the said lord warden for the time being or his lieutenant for the time being, as to all cases in which the Cinque Port pilots shall be concerned, shall think it proper that the person prosecuting should be at liberty to proceed for the recovery of such additional penalty and certify the same in writing: Provided always, that nothing in this Act shall extend to subject to penalties any master of any ship or vessel (not anchoring within the limits of any port or place for which pilots are or shall be appointed) who shall act himself as pilot in passing up and down the English Channel or elsewhere in passing by any part of the coast of England in the course of any voyage or within the limits of the port or place to which his ship belongs, not being a port or place in relation to which provision hath heretofore been

(2) This section does not apply to Vessels having on board Pilots appointed for other places than those expressly named in the preamble or provision of that Act. Attorney-General v. Case. 3 Price, 302.

Where that Act does apply, the Crown is equally bound with the subject, although not named. 3 Price, 302.

(3.) This does not confine the exemption to loss or damage happening to the piloted ship and cargo, but extends to damages done by that ship to others. Ritchie v. Bowsfield, 7 Taunt. 309.

(4.) An owner or master of a vessel is in no case answerable for an accident, occasioned to another ship, provided he has a Pilot on board. Nor is it necessary to prove, in an action brought against such owner, that the injury arose from the incompetency of his Pilot. Bennet v. Maita, 1 Moore, 4. S. C. 7 Taunt. 258.

(5.) In Camthers v. Sidebottom, East. 1815. not reported at the time of printing this sheet),

it was ruled that the Underwriters on a Policy of Insurance are answerable for a loss occasioned by the neglect or want of skill of a Pilot appointed under a local Act. A case had been previously argued in the Exchequer (the Attorney-General v. Case) upon the question whether the owners of a ship are liable for an injury done to another vessel by the neglect or misconduct of such Pilot, upon which no decision has been given; but the question seems to be decided by Camthers v. Sidebottom, as involving the general principle, that the acts of a Pilot so appointed are not imputable to the owners of a ship.

(6.) Coasting vessels, not within the 52 Geo. 3. c. 39. are compellable to take a Pilot on board, on entering rivers within the limits of a jurisdiction having authority to appoint and license Pilots, and the exemption in the Act is not confined to coasters using the navigation of the river Thames alone. Usher v. Lyon. 2 Price 118.

c. 39.

made by any Act or Acts of Parliament or by any charter or charters for No. XXVII. the appointment of pilots, or who shall employ any person as a pilot, or 52 Geo. III. who shall act himself as such for the conduct of his ship or vessel in any case where and so long as a duly qualified pilot shall not offer assistance or make a signal for that purpose: Provided also that this Act shall not extend or be construed to extend to hinder any persons from assisting any ship Proviso. or vessel in distress at any time or place, nor shall subject such persons or to the penalties persons any master of any ship or vessel employing such of this Act in respect of such assistance given during the distress of such ship or vessel, or in consequence thereof, or under any circumstances which shall have rendered it necessary for such master to avail himself of the best assistance which at the time could be procured; any thing herein contained to the contrary thereof in any wise notwithstanding,

4

LXVI. And be it further enacted, That all Acts of Parliament and all All Acts relatclauses provisions powers authorities regulations penalties and forfeitures ing to Regulacontained in any Act which in any manner relate to the regulation of tion of Pilots expilots or pilotage within any river port or harbour or within any local tended to Act. limits specified in any such Act clause or provision, and in which any reference is made to the said Act of the forty-eighth year aforesaid or in any manner apply thereto or vary or alter any of the provisions thereof as to pilots or pilotage within any such limits, shall continue in full force notwithstanding the repeal of the said Act of the forty-eighth year afore- 48 Geo. 3. said, and be deemed to refer and apply to this Act and shall be so con- c. 104. strued as if the same were particularly referred to in this Act; any thing in this Act to the contrary notwithstanding.

LXVII. And be it further enacted, That all the provisions clauses pe- Preservation of nalties and forfeitures contained in an Act passed in the eighth year of Beacons, 8 Eliz. the reign of Queen Elizabeth, or any other Act or Acts made and in force c. 13. for the preservation of beacons and sea marks, shall extend and be construed to extend to all vessels duly appointed to exhibit lights therein for the preservation of ships and vessels at sea and to all persons removing injuring or destroying such vessels or lights; which offences may be laid and tried in any county in England.

LXVIII. And be it further enacted, That every person who shall ride Riding by, &c. by make fast to or remove or wilfully or negligently run down or run foul any Beacon. of any vessel appointed or placed to exhibit lights, or any buoy or beacon belonging to the said corporation of Trinity-house of Deptford Strond, or belonging to or placed by any other corporation having lawful authority to place the same, shall forfeit for every such offence any sum not exceeding Penalty. fifty pounds nor less than ten pounds, together with the expence of replacing or making good any damage occasioned by such misconduct.

[ No. XXVIII. ] 53 George III. c. 36.—An Act to amend an Act, passed in the Forty-third Year of his present Majesty, for regulating the Vessels carrying Passengers to his Majesty's Plantations and Settlements Abroad.[15th April, 1813.]

[No. XXIX. ] 53 George III. c. 111.-An Act for the more easy manning of Ships and Vessels employed in the Southern Whale Fishery.-[10th July, 1813.]

[ No. XXX. ] 53 George III. c. 159.-An Act to limit the Responsibility of Ship Owners, in certain Cases.[21st July, 1813.]

WHEREAS it is of the utmost consequence and importance to promote the increase of the number of ships and vessels belonging to

53 Geo. III. c. 159.