9 & 10 V., c. 99. Consolidating and Amending the Laws relating to Wreck and Salvage.

Sect. 36. Any penalty imposed by this Act may be recovered by information or action of debt in any of H.M.'s courts, or by information or complaint before any justice of the peace; and one half of the said penalty shall go to the informer, and the other to the receiver-general of droits of admiralty, to be applied by him in like manner as the proceeds arising from such droits, anything in the 5 & 6 W. 4, c. 76, (see Dig., Part II., tit. CORPORATIONS), or any other Act of Parliament notwithstanding; and in case such penalties be not paid immediately on conviction, they may be recovered by distress and sale; and in default of distress the offender may for the first offence be committed for any period not exceeding six months, and for any subsequent offence for the period of twelve months; and the conviction shall be according to the following form:

- A. B. is convicted before me [or [here specify the offence and time and place to an Act passed in the [here insert the title

Be it remembered, That on day of in the year of
us], one [or two] of H.M.'s justices for -
when and where committed], contrary
of this Act].

Given under my hand and seal [or our hands, &c.], the year and day first above

written.

And no certiorari or other writ or process for the removal of any such conviction into
H.M.'s courts shall be allowed or granted.

Sect. 37.-Persons so convicted may appeal to the Quarter Sessions upon giving ten days' notice, and entering into a recognizance with two sufficient sureties, conditioned to try such appeal and abide the decision of the sessions thereon; and (Sect. 38) all offences against this Act, except in the case of summary convictions, may be tried in any city, county, or place where the same has been committed.

Sect. 39.-All goods, wares and merchandize, saved from any vessel stranded or wrecked on its homeward voyage, shall be forwarded to the port of its original destination; and such goods, &c., saved from any vessel stranded on its outward voyage shall be returned to the port at which the same were shipped; but the commissioners are to take security for the due protection of the revenue.

Sect. 40.-The High Court of Admiralty may decide in all salvage cases, whether in the case of ships or goods found at sea, or cast upon the shore, or whether such service has been performed upon the high sea, or in the body of any county; and (Sect. 41) in case of damage done by a foreign vessel the judge may order its arrest, unless owner give sufficient security, by bail, to appear in any action.

Sect. 42.-Serjeants and deputy-serjeants of the Cinque Ports shall have the same powers and be liable to the same duties and services as receivers; and (Sect. 43) nothing in this Act shall interfere with the rights of the lord warden of the Cinque Ports; and (Sect. 44) in case of vessels wrecked or stranded being plundered by a tumultuous assembly, the hundred shall be liable for damages under the 7 & 8 G. 4, c. 31. Sect. 45.-Every person wrongfully carrying off, or boarding wrecked ships without leave, or hindering the saving of ships or goods, shall forfeit any sum not exceeding 50l., and in default of payment shall be committed to prison for any period not exceeding six months, with or without hard labour; and it shall be lawful for the master or commander of any ship in distress to repel by force any person attempting to board the same without his consent: Provided always, that nothing in this Act shall be construed to repeal or affect the 7 W. 4 & 1 V., c. 87, (see Dig., Part I., tit. OFFENCES); nor (Sect. 46) the 6 G. 4, c. 125, the Pilot's Act; nor the 7 & 8 G. 4, c. 29, the Larceny Act, (see Dig., Part I., tit. LARCENY); nor the 6 & 7 V., c. 79, the Fisheries Act, see ante, tit. FISHERIES.

Sect. 47.-Reservation of the rights of the Crown, the High Court of Admiralty, and the Admiralty Court of the Cinque Ports; so (Sect. 48) of the rights of the Trinity Houses of Deptford, Stroud, Hull, Newcastle, and Humber Commissioners; so (Sect. 49) of the rights of the city of London.

Sect. 50.-Act not to extend to Scotland.

Sect. 51.-The Commissioners of the Treasury shall in this Act mean The Lord High Treasurer, or the Lords Commissioners of H.M.'s Treasury for the time being, or three or more of them; "Commissioners of the Admiralty," the Lord High Admiral of the U.K. of Great Britain and Ireland, or the commissioners for executing the office of Lord High Admiral, or any two or more of them; "High Court of Admiralty," the High Court of Admiralty of England, or of Ireland, as the case may be.

PART IV.

CC

9 & 10 V., c. 99. Consolidating and Amending the Laws relating to Wreck

and Salvage.

SCHEDULES REFERRED TO IN THE FOREGOING ACT.

On the

SCHEDULE (A.)

A.B. [here insert the names of the salvors], against the said ship —, whereof - was master, her tackle, apparel, and furniture, and the goods, wares, and merchandize on board the same, and also against the said master, and the owners of the said ship and cargo, [or, as the case may be, against certain goods and merchandize lately laden on board the said ship, whereof -was master, and also against the said -master and the owners, (or, if the owners alone appear, by themselves or their agents, then leave out the master's names) of the said goods and merchandizes, or (as the case may be) against certain goods and merchandizes and the owners of the said goods and merchandizes,] in a case of salvage. [Master's Names.]

day of, in the year of our Lord, before, &c. -, at, in the county of [Ship's Names.] [or, as the case may be,] for the said — owners of the said goods and merchandizes, and submitting themselves to the jurisdiction of the High Court of Admiralty of England, [or the High Court of Admiralty of Ireland, or the Court of Admiralty for the Cinque Ports, as the case may be,] bound themselves, their heirs, executors, and administrators, for the said master and owners of the said ship and cargo, [or, as the case may be,] for the said -master and owners, or for the owners of the said goods and merchandizes, in the sum of pounds of lawful money of Great Britain, unto the said A. B., &c., to answer the salvage and expenses of the said ship and cargo, [or, as the case may be,] on the said goods and merchandizes, as shall hereafter be deemed by the said court, according to the tenor of the Act in that behalf 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, wheresover the same shall be found, to the value of the sum above mentioned.

On which day appear personally W.X. of and Y. Z. of -, who produced themselves as sureties for the said the master, and for the owners of the said ship and cargo, [or, as the case may be,] for the said . - master and owners, This bail was duly taken, acknowledged, and received at the time and place" above written, before me, the undersigned Receiver of Droits of Admiralty; and I do hereby further certify, that I do believe and consider the persons above mentioned sufficient security for the sum of — pounds.

W.X.
Y. Z.

In the matter of the vessel, , whereof C. D. was master, [or goods salved at —]. Take notice, that the whole sum paid over to me, to be distributed for salvage services rendered to the above-mentioned vessel [or goods] on the day of —, 184—, is £—. That the sum allotted to you is £-.

E. F., Distributor.

GENERAL INDEX.

The numerals refer to the part, the figures to the page, the letter n. to the notes, Ind. to Index to the Notes at the end of the third part, and Chron. Tab. to the Chronological Table annexed to the fourth part.

ABANDONING.

writ of error, IV. 295.

seaman by master of vessel, IV. 352.

ABATEMENT.

different kinds of, I. 1.

how distinguished, II. 1, n. a, and Ind. 631.

Abatement of Actions,

no abatement by death, &c., of parties,
&c., II. 3, n. k, and Ind. 631.
not by removal, &c., of assignees, II. 2.
writ of mandamus not to abate, II. 3, n.
k, and Ind. 631.

writ of dower not to abate, I. 1.
pleas in abatement, II. 5, and Ind. 631.
indictments not to abate, when, I. 2.

Abatement of Demands

of wages, in case of apprentices, I. 3.
of the rate of land tax, &c., I. 3.
of interest or pawnbrokers' profits, I. 930.

Abatement of Nuisances

in forests, by steam engines, &c., I. 3. on highways, III. 76, n. q.

of buildings unlawfully constructed, IV. 61. of railways unlawfully constructed, IV.

350.

Abatement of Freehold,

accruer of right in case of, I. 794.

ABBREVIATIONS.

of bills of cost, I. 3.

in law proceedings, ib. of law terms, III. 597.

ABDUCTION.

of a woman, remedy for, I. 4. of a girl under 16, ib.

ABETTORS.

punishment of, I. 4.

in respect of adverse claims, I. 33; III. Personal Actions,