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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
Be it remembered, That on day of - in the year of — A. B. is convicted before me (or us], one (or two) of H.M.'s justices for — [here specify the offence and time and place when and where committed], contrary to an Act passed in the - [here insert the title 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 501., 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
High Court of Admiralty of England, or of Ireland, as the case may be.
9 & 10 V., c. 99. Consolidating and Amending the Laws relating to Wreck and Salvage. SCHEDULES REFERRED TO IN THE FOREGOING ACT.
SCHEDULE (A.) On the -- 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 A.B. [here insert the names of the salvors), of the said goods and merchandizes, and submitagainst the said ship whereof — was master, ting themselves to the jurisdiction of the High her tackle, apparel, and furniture, and the goods, Court of Admiralty of England, [or the High wares, and merchandize on board the same, and
Court of Admiralty of Ireland, or the Court of also against the said — master, and the owners
Admiralty for the Cinque Ports, as the case may of the said ship and cargo, (or, as the case may
be,] bound themselves, their heirs, executors, be, against certain goods and merchandize lately and administrators, for the said master and laden on board the said ship, whereof — was owners of the said ship and cargo, Lor, as the master, and also against the said - master and case may be,] for the said — master and owners, the owners, (or, if the owners alone appear, by or for the owners of the said goods and merchanthemselves or their agents. then leave out the dizes, in the sum of — pounds of lawful money master's names) of the said goods and merchan- of Great Britain, unto the said A. B., &c., to dizes, or (as the case may be) against certain answer the salvage and expenses of the said ship goods and merchandizes and the owners of the and cargo, [or, as the case may be,] on the said said goods and inerchandizes, ) in a case of salvage. goods and merchandizes, as shall hereafter be
deemed by the said court, according to the tenor [Master's Names.]
of the Act in that behalf made and provided; and On which day appear personally W.X. of —, unless they shall so do they hereby consent that and Y. Z. of -, who produced themselves as execution shall issue forth against them, their sureties for the said — the master, and for the heirs, executors, and administrators, goods and owners of the said ship and cargo, [or, as the chattels, wheresover the same shall be found, to case may be,] for the said — master and owners, the value of the sum above mentioned.
This bail was duly taken, acknowledged, and received at the time and place
In the matter of the vessel -, of —, whereof C. D. was master, [or goods salved at -).
E. P., Distributor.
*** 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 Chro-
sentation of, to be in writing, III.
how distinguished, II. 1, n. a, and Ind. 631.
&c., II. 3, n. k, and Ind. 631
k, and Ind, 631.
indictments not to abate, when, I. 2.
of wages, in case of apprentices, I. 3.
of interest or pawnbrokers' profits, I. 930.
in forests, by steam engines, &c., I. 3.
house, IV, 280.
Abatement of Freehold,
accruer of right in case of, I. 794.
and n. k.
of, 1. 9.
costs for defendant in, I. 33 ; II. 439.
to be brought within what times, I. 33,
794 ; III. 281, 291, et seq.
Action of Detinue,
trial of adverse claims in, I. 34; III. 327.
costs for defendant in, I. 34 ; II. 439.
staying execution in, I. 34 ; II. 508.
Action of Ejectment,
by landlord against tenant, II. 500.
declaration in, I. 34 ; II. 501.
double costs for defendant, 1. 34; 11. 505.
writ of error in, II. 508.
to be brought within twenty years, I, 35;
"V? | Action of False Imprisonment,
effect of acquittal in, I. 35 ; 11. 441.
against bringing money into court, I. 35;
costs for public officer, I. 31.
Action in Formá Pauperis
allowed to plaintiff, 1. 35 ; II. 622, n. d.
as to costs, II. 623, n. e.
defending in, I. 35 ; II. 457, 458, n. S.
proceedings in, free from stamp duty, I. 35.
venue in, II. 18.
40%, Actions, Penal or Popular,
defendant may appear by attorney in,
1. 35 ; II. 20.
to be laid in the proper county, I. 36 ; II.
covin in, II. 18.
costs for defendant in, 1, 36 ; II. 19.
pleading by defendant in, I. 37 ; II. 21.
process in, I. 37 ; II. 21.
traverse by defendant, I. 37 ; II. 20.
trial of, I. 37 ; II. 21.
process in, I. 38 ; III. 484.
484, n. g.
additions to name of defendant, I. 38.
costs as to demurrer in, I. 38.
error in, I. 38 ; II. 507.
limitation of, 1. 794 ; III. 279.
of the statutes of limitations, III. 284.