No. VIII. 12 Anne,

st. 2. c. 18.

enacted, That the said collectors of the customs and the master or commanding officer of any ships or vessels and all others who shall act or be employed in the preserving of any such ship or vessel in distress as aforesaid or their cargoes shall within thirty days after the service performed be paid a reasonable reward for the same by the commander master or other superior officer mariners or owners of the ship or vessel so in distress as aforesaid, or by the merchant whose ship vessel or goods shall be so saved as aforesaid; and in default thereof the said ship vessel or goods so saved as aforesaid shall remain in the custody of such officer of the customs or his deputy until such time that all charges shall be paid and until the said officer of the customs or his deputy and the said master or other officer of the ship or vessel and all others so employed as aforesaid shall be reasonably gratified for their said assistance and trouble, or good security given for that purpose to the satisfaction of the several parties that are to receive the same; and that in case after such salvage the commander or other superior officer mariners or owners of such ship or vessel so saved as aforesaid or merchant whose goods shall be so saved as aforesaid shall disagree with the said officer of the customs or his deputy touching the monies deserved by any of the persons so employed as aforesaid, it shall be lawful for the commander of such ship or vessel so saved, or the owner of the goods or the merchant interested therein, and also for the said officer of the customs or his deputy to nominate three of the neighbouring justices of the peace, who shall thereupon adjust the quantum of the monies or gratuities to be paid to the several persons acting or being employed in the salvage of the said ship vessel or goods; (1.) and such adjustments shall be binding to all parties and shall be recoverable in an action at law to be brought in any of her Majesty's courts of record by the respective persons to whom the same shall be allotted by the said justices of peace; and in case it shall happen that no person shall appear to make his claim to all or any the goods that shall be saved, that then and in such case the chief officer of the customs of the nearest port to the place where the said ship or vessel was so in distress as aforesaid shall apply to three of the nearest justices of the peace, who shall put him or some other responsible person in possession of the said goods, such justices of peace taking an account in writing of the said goods to be signed by such officer of the customs; and if the said goods shall not be legally claimed within the space of twelve months next ensuing by the Twelve Months rightful owner thereof, then publick sale shall be made thereof, and if to be sold, perishable goods forthwith to be sold, and after all charges deducted the and the Monies residue of the monies arising by such sale with a fair and just account of transmitted into the whole shall be transmitted to her Majesty's Exchequer, there to rethe Exchequer, main for the benefit of the rightful owner when appearing, who upon

Three Justices to adjust the Quantum.

Goods not claimed in

&c.

Persons entering Ship with out Leave,

or hindering the saving the Ship to make double Satisfaction.

affidavit or other proof made of his or their right or property thereto, to the satisfaction of one of the Barons of the coife of the Exchequer, shall upon his order receive the same out of the Exchequer.

III. And it is hereby also enacted, That if any person or persons whatsoever besides those empowered by the said officer of the customs or his deputy and the constables as aforesaid shall enter or endeavour to enter on board any such ship or vessel so in distress as aforesaid without the leave or consent of the commander or other superior officer of the said ship or of the said officer of the customs or his deputy or of the said constable or some or one of them employed for the service and preservation of the said ship or vessel as aforesaid; or in case any person shall molest him them or any of them in the saving of the said ship vessel or goods, or shall endeavour to impede or hinder the saving of any such ship vessel or goods, or when any such goods are saved shall take out or deface the marks of any such goods before the same shall be taken down in a book or books for that purpose provided by the commander or ruling

(1.) A Person to whom the Commander sent for assistance, and who directed, under the Inspection of the Officers of the Customs, the landing of the Goods, &c. is thereby constituted an

Agent of the Owners, and taken out of the Provisions of this Act-Baring v. Dory, 8 E. 57. See post, 48 Geo. 3. c. 130-49 Geo. 3. c. 12253 Geo. 3. c. 87.

officer and the first officer of the customs as aforesaid, such person or No. VIII. persons 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 12 Anne, in default thereof shall by such justices of peace be sent to the next st. 2. c. 18. house of correction where he shall continue and be employed in hard labour by the space of twelve months then next ensuing; and that it Masters may shall be lawful for any commander or superior officer of the said ship or repel Pressers vessel so in distress as aforesaid, or for the said officer of the customs or into the Ship. constables on board the same ship or vessel to repel by force any such person or persons as shall without such leave or consent from the said commander or superior officer or the said officer of the customs or his deputy or such constables as aforesaid press on board the said ship or vessel so in distress as aforesaid, and thereby molest them in the preservation of the said ship or vessel so in distress as aforesaid.

IV. And it is hereby likewise enacted, That in case any goods shall be Goods carried found upon any person or persons that were stolen or carried off from off, to be imany such ship or vessel so in distress as aforesaid, he she or they on mediately dewhom such goods shall be found shall immediately upon demand deliver livered up. the same to the owner thereof or to such person by such owner authorised

to receive the same, or in default thereof shall be liable to pay treble the Penalty Treble value of such goods to be recovered by such owner in an action at law to the Value. be brought for the same.

V. And it is hereby moreover enacted, That if any person or persons Making Holes shall make or be assisting in the making any hole in the bottom side or in the Ship, any other part of any ship or vessel so in distress as aforesaid, or shall &c. Felony. steal any pump belonging to any ship or vessel so in distress as aforesaid, or shall be aiding or abetting in the stealing such pump as aforesaid, or shall wilfully do any thing tending to the immediate loss or destruction of such ship or vessel, such person or persons shall be and are hereby made guilty of felony without any benefit of his her or their clergy.

VI. And be it further enacted by the authority aforesaid, That if any General Issue. action suit or information shall be commenced or prosecuted against any person or persons for any thing that he or they shall do or cause to be done in pursuance of this Act, and executing any of the powers and authorities or any of the orders or directions therein mentioned, all and every person and persons so sued in any court whatsoever shall and may plead the general issue and give this Act and the special matter in evidence; and if in any such suit the plaintiff or prosecutor shall become nonsuit or forbear prosecution or discontinue the suit, or if a verdict shall pass against him or judgment be given against him upon a demurrer, then in any of the said cases the defendant or defendants shall recover full costs for which he and they shall have the like remedy as where costs by law are awarded; and this Act shall be taken and allowed in all Publick Act. courts within this kingdom as a publick Act, and all judges and justices are hereby required to take notice thereof as such without special pleading of the same.

VII. Provided nevertheless if any officer of the customs or his deputy Custom-house so empowered as above shall by fraud or wilful neglect abuse the trust Officer abusing so hereby reposed in him as aforesaid, and shall be convicted thereof in his Trust, to due form of law, such officer or his deputy shall respectively forfeit treble forfeit Treble damages to the party grieved, to be recovered in any action or suit to be Damages, and brought in any court of record, and shall from thenceforth be fully dis- be disabled. abled and rendered incapable of the same or any other employment relating to the said customs.

VIII. And it is hereby further enacted, That this Act and the several Act to comclauses herein contained shall take effect from and after the first day of mence 1 Aug, August in the year of our Lord one thousand seven hundred and four- 1714, and to teen; and that for the better observing of the same this Act shall be be read four read four times in the year in all the parish churches and chapels of every Times in the sea-port town and upon the sea-coast in this kingdom upon the Sundays Year on Sun-.. next before Michaelmas-day Christmas-day Lady-day and Midsummer-day days in Seain the morning immediately after the prayers and before the sermon.

port Towns. IX. Provided always and it is hereby enacted, That neither this Act Claims to Wreck saved.

st. 2. c. 18.

No. VIII. nor any thing herein contained shall any ways extend to deprive or any ways prejudice her royal Majesty her heirs or successors or any claiming 12 Anne, under them or any of them or any patentee or grantee of the Crown or any lord or lords of any manor or manors or other person whatsoever of or in relation to any right which they or any of them respectively have or shall have or lawfully may claim to any wreck or wrecks, or any goods that 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.

Continuation.

12 Ann. Stat. 2. c. 18.

3 Ed. 1. c. 4.

Ed. 1. Stat. 2.

X. Provided, That this Act shall continue in force for the space of three years, and from thence to the end of the next session of parliament and no longer.

Made perpetual by 4 Geo. 1. c. 12.

[ No. IX. ] 4 George I. c. 12.-An Act for enforcing and making perpetual an Act of the Twelfth Year of her late Majesty, intituled, An Act for the preserving of 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 for inflicting the Punishment of Death on such as shall wilfully burn or destroy Ships.

4 Geo. I. c. 12. WHEREAS the Act made in the twelfth year of the reign of her late Majesty Queen Anne, intituled An Act for the preserving of 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 Do'minions will expire at the end of this present session of Parliament unless the same be continued: And whereas the said Act hath been found by ' experience to be of great use and benefit to the seafaring men and merchants of this kingdom and other his Majesty's dominions:' 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 the said recited Act, intituled An Act for the preserving of 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 all the clauses matters and things therein contained shall be and is hereby declared to be made perpetual.

Not to extend to the Admiralty Court of the Cinque Ports.

Any Owner, &c. wilfully destroying any Ship to prejudice the In

surers, shall

II. Provided always, and it is hereby further enacted, That the said Act or any thing therein contained shall not be construed to extend to or any ways affect the ancient jurisdiction and usage of the Admiraltycourt of the Cinque Ports or the officers thereto belonging; but the proper officers of the said Admiralty-court shall be and are hereby authorised and empowered to put the said Act in execution within the jurisdiction of the said Cinque Ports in as full and ample manner to all intents and purposes as any other person or persons are by the said Act appointed to do in any other parts of this kingdom.

III. And for the effectual preventing the wilful casting away burning or otherwise destroying of ships by the owners masters and mariners thereof and thereto belonging; Be it enacted by the authority aforesaid, That if any owner of or captain master mariner or other officer belonging to any ship shall, after the twenty-fourth day of June which shall be in the year of our Lord one thousand seven hundred and eighteen, wilfully cast away burn or otherwise destroy the ship of which he is the owner or unto which he belongeth, or in any manner of wise direct or procure the same to be done to the prejudice of any person or persons By 11 Geo. 1. that shall underwrite any policy or policies of insurance thereon, or of any merchant or merchants that shall load goods thereon, he shall suffer this Clause is death.

suffer Death.

c. 29. sec. 5.

explained, and the Offenders ousted of Clergy.

No. X.

[ No. X. ] 2 Geo. II. c. 36.-An Act for the better Regulation and Government of Seamen in the Mer- 2 Geo. II. chants Service.

WHEREAS the welfare and riches of this kingdom greatly depend

c. 36.

on the trade and navigation thereof, the same being of great use 2 Geo. II. c.36. ' and benefit and tending very much to enrich the subjects thereof, upon Made perwhich great numbers of the artificers and manufacturers livelihoods petual by wholly depend: And whereas for several years last past the navigation 2 Geo. 3. c. 31. carried on by the merchants to parts beyond the seas hath been and doth still remain under very great difficulties and expences by the un'certainty they labour under by seamen and mariners who ship themselves on board merchant ships and after they have so done neglect their duty and will not remain on board their ships or vessels to discharge their duty; and very often when ships and vessels come to be cleared out in order to proceed on their respective voyages the seamen refuse to proceed with them without coming to new agreements for increasing their wages, and many of them will leave their ships and vessels and not proceed on their voyages which put the owners of such ships and vessels to great trouble and charges to get other sailors or mariners in their stead and often is a means to overset the voyages of such ships and vessels to the great prejudice of the owners and 'freighters of the goods on board the said ships and vessels; and yet such seamen and mariners after they have committed such offences and disorders will bring actions against the owners or masters of the said ships and vessels for the recovery of their wages from the time of their shipping themselves unto the time they quit the said ships and vessels: And whereas many of the said seamen and mariners will neglect their duty when on board at sea and desert their ships and vessels in foreign parts, which puts the said owners of ships and vessels to very great difficulties and expences to get others in their stead to bring their ships and vessels home; and afterwards such seamen and mariners insist on recovering their wages notwithstanding their voluntary desertion, all which is a great discouragement to trade and navigation: Therefore in order to prevent such practices for the future, may it 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 from and after the twenty- No Masters of fourth day of June one thousand seven hundred and twenty-nine it shall Ships to pronot be lawful for any master or commander of any ship or vessel bound ceed on a Voyto parts beyond the seas to carry any seaman or mariner, except his ap- age without prentice or apprentices, to sea from any port or place where he or they were agreeing with entered or shipped to proceed on any voyage to parts beyond the seas the Mariners without first coming to an agreement or contract with such seamen or for Wages. mariners for their wages, which agreement or agreements shall be made in writing declaring what wages each seaman or mariner is to have respectively during the whole voyage or for so long a time as he or they shall ship themselves for; and also to express in the said agreement or contract the voyage for which such seaman or mariner was shipped to perform the same; and in case any master or commander of any ship or Apprentices vessel shall carry out any seaman or mariner, except his apprentice or excepted. apprentices, upon any voyage to parts beyond the seas without first en

tering into such agreement or contract as aforesaid and he and they sign- on Forfeiture ing the same, such master or commander shall forfeit and pay the sum of of 5l. for each five pounds for every such seaman or mariner which he shall carry to sea Mariner. without entering into such agreement in writing as aforesaid, to the use of Greenwich Hospital, to be recovered upon information on the oath of one or more witness or witnesses before any one or more of his Majesty's justice or justices of the peace who are hereby authorised and required to issue out his or their warrant or warrants to bring before him or them such master or commander of any such ship or vessel; and in case he

No. X.

or they refuse to pay such penalty or forfeiture as aforesaid, to grant his or their warrant or warrants to levy the same by distress and sale of the 2 Geo. II. offender's goods; and in case no distress can be found, to commit the offender or offenders to the common gaol of the city county town or place there to remain until he or they shall pay the same.

c. 36.

Mariners to

sign the Agree

ment.

Penalty on Mariners deserting.

Justices of the Peace may commit Deserters to the

rection.

II. And be it further enacted, That if any seaman or mariner enter or ship himself on board any merchant ship or vessel on any intended voyage for parts beyond the seas, he and they so entering themselves as aforesaid shall and they are hereby obliged to sign such agreement or contract within three days after he or they shall have entered themselves on board any ship or vessel in order to proceed on any voyage as aforesaid; which agreement or agreements or contracts after the signing thereof shall be conclusive and binding to all parties for and during the time or times so agreed or contracted for to all intents and purposes; any custom or usage to the contrary in anywise notwithstanding.

III. And be it enacted and declared by the authority aforesaid, That in case any seaman or mariner shall desert or refuse to proceed on the voyage on board any ship or vessel bound to parts beyond the seas as aforesaid, or that shall desert from the ship or vessel to which he or they shall belong in parts beyond the seas after he or they shall have signed such contract or agreement, he or they shall forfeit to the owners of such ship or vessel the wages which shall be due to him or them at the time of his or their deserting from such ship or vessel or obstinately refusing to proceed on such voyage.

IV. And be it further enacted, That in case any such seaman or mariner shall desert or absent himself from any such ship or vessel after he or they have entered into and signed such contract or agreement to proceed upon any voyage to parts beyond the seas as aforesaid, upon appliHouse of Cor- cation made to any of his Majesty's justices of the peace within their respective jurisdictions by the master or commander owner or owners or other person or persons having charge of the said ship or vessel to which such seaman or mariner did belong, it shall and may be lawful for such justice or justices and they are hereby required to issue forth his or their warrant or warrants to apprehend such seaman or mariner; and in case he or they shall refuse to proceed on the voyage for which he or they entered into contract or agreement to perform as aforesaid and shall not give a sufficient reason for such refusal to the satisfaction of such justice or justices, then to commit such seaman or mariner to the house of correction, there to be kept to hard labour not exceeding thirty days nor less than fourteen days, any thing to the contrary notwithstanding.

Penalty on Mariners absenting from the Ship with

out Leave.

Penalty for leaving the Ship before discharged.

Masters to pay
Mariners'

V. And be it enacted by the authority aforesaid, That in case any seaman or mariner shall absent himself from the ship or vessel to which he shall belong, without leave from the master or commander or other chief officer having the charge of such ship or vessel, every such seaman or mariner shall for every such day's absence forfeit two days' pay to the use of Greenwich Hospital, to be recovered applied and disposed of as is herein-after directed by this Act.

VI. And whereas seamen and mariners after their ships arrival at their unlivering port in Great Britain ofttimes leave the ships and vessels before they are unladen or before the said seamen and mariners are discharged by the masters or commanders of such ships and ves'sels;' In order to prevent such practices for the future, Be it further enacted by the authority aforesaid, That in case any seaman or mariner not entering into the service of his Majesty his heirs and successors shall leave such ship or vessel to which he or they belong, before he or they shall have a discharge in writing from the master or commander or other person having the charge of such ship or vessel, he or they so leaving such ship or vessel shall forfeit one month's pay, to be recovered applied and disposed of as is herein after directed.

VII. And be it further enacted by the authority aforesaid, That upon the arrival of any ship or vessel into Great Britain from parts beyond the Wages in 30 Days after coming home.