his arrival, or before he shall leave the port, if he quit it before that times expires; and shall also, within the same period, deliver the articles so found into a proper warehouse, or such other place as the vice admiral of each county shall appoint for safe custody, until the same shall be claimed by the owner or his agent, and the salvage, together with such other charges and expences as are by the 49 Geo. 3. directed to be paid in respect of such articles, shall be paid or security given for the payment of it to the satisfaction of the salvor; and every pilot, boatman, hoveller, or other person who shall wilfully and fraudulently keep possession of, or retain or conceal or secrete any anchors or cables so found, weighed, swept for, or taken possession of, and shall not report and deliver them at the proper warehouse or other place, will incur the guilt of knowingly receiving stolen goods, and suffer punishment as if the goods had been stolen on shore (1). The deputy vice admiral or his agent is to send the report or a copy of it to the secretary of the Trinity House corporation, who is to place it in some conspicuous situation, for the inspection of persons claiming to examine it (2). This report is to be transmitted within two days if the articles are of the value of £20, but unless the articles are of that value, the report need not be forwarded (3). The deputy vice admiral or his agent may also seize such articles as have not been forwarded to him, and is required to keep them and make a report to the Trinity House; and if he seizes without previous information, he is to have one third of the value, if in pursuance of information the third is to be divided between him and the informer (4). If any articles so reported and delivered into the warehouse be not claimed within a year and a day after the report has been transmitted to the Deptford Trinity House, the same shall besold, and a certificate of the sale delivered to the purchaser under the directions of the high court of admiralty, and the monies arising from the sale be applied in the manner directed by the 12 Ann. stat. 2.; and if they have been seized by the deputy vice admiral or his agent, then the deputy vice admiral or agent seizing, and the person who has given such information as may have led to the seizure (if any such information has been given), shall be equally entitled to the salvage allowed by the high court of admiralty to salvors in the case of unclaimed property (5). (1) 49 Geo. 3. c. 122. s. 1. continued for 7 years by 53 Geo. 3. c. 87. (2) 49 Geo. 3. c. 122. s. 2. (3) 49 Geo. 3. c. 122. s. 3. Cinque Ports. If the salvors, of any such articles or any goods so found weighed, swept for, or taken possession of as aforesaid, and so lodged and reported as aforesaid, and the owner or his agent, cannot agree in respect of the amount of salvage to be paid for or in respect of the same or the value thereof (as the case may be), the matter in difference is to be determined by two justices of the peace residing near the place where the articles are deposited, and such justices shall begin to proceed in their inquiry as to such matters in dispute within forty-eight hours after such difference shall be referred to them for their determination thereof; and if they cannot agree respecting the same, then it shall be lawful for them to nominate any third person conversant in maritime affairs, at their option, who shall ascertain the amount of the salvage to be paid or the value thereof, as the case may be, within forty-eight hours after he shall have been so nominated as aforesaid, and the said justices and such third person so nominated as aforesaid, shall have full power and authority, whenever they see occasion, to examine the parties or their witnesses upon oath. (1) Besides the provisions already mentioned, which do not extend to the cinque ports, there are others which relate to the cinque ports only. By the statute 3 Geo. 1. c. 13. the lord warden was authorized to appoint commissioners, of whom any one was empowered to adjust the salvage to be paid to persons bringing on shore cables or anchors from which any ship had been forced by stress of weather (2). The stat. 26 Geo. 2. c. 19. also provides that the lord warden of the cinque portsand lieutenant of Dover castle, the deputy warden of the cinque ports, and the judge official and commissary of the court of admiralty of the cinque ports, two ancient towns and the members thereof, shall be the persons to put in execution within their limits all the powers given by the 26 Geo. 2. 12 Ann. stat. 2. and 4 Geo. 1. in the same manner as any justice of the peace or other persons are authorized to do in other places (3). And by an act passed in the forty-eighth year of his late majesty's reign, in which the act of Geo. 1. before alluded to is recited, and in which it is also recited that it is found expedient that the commissioners of salvage appointed by the lord warden should have further powers granted them for the purpose of deciding in all other cases of services rendered to shipping, not provided for by the acts of Geo. 1. and (1) 49 Geo. 3. on Ship. 422. 122. s. 8. (3) 26 Geo. 2. c. 19. s. 10. cited Abb. on Ship. 422. Geo. 2., it is enacted, that it shall and may be lawful for the lord warden of the cinque ports for the time being, to nominate and appoint, by any instrument under his hand and seal, three or more substantial persons in each of the cinque ports, two ancient towns and their members, to adjust and determine any difference relative to salvage which may arise between the master of any ressel, and the person or persons bringing such cables and anchors ashore, and in case any vessel shall be either forced or cut from her cables and anchors by extremity of weather, or by any other accident, and leave the same in any roadstead or place within the jurisdiction of the cinque ports, two ancient towns and their members, and the salvage cannot be adjusted between the persons concerned, then the same shall be determined by any three or more of the said persons, so to be appointed, within the space of twenty-four hours after such difference has been referred to them for their determination (1). By this new act also, the commissioners are authorized to decide on all claims made by any person whatsoever, for services of any sort or description rendered to any vessel, as well for carrying out anchors, cables, or stores, from any place within the jurisdiction, as for conducting vessels from the Downs and other bays and roadsteads on the coast of Kent, Sussex, and Essex, and from the island of Thanet, or from the sea or any place to Ramsgate, Dover, or any other place within the jurisdiction, or for the saving or preserving within the jurisdiction, any goods or merchandizes wrecked, stranded, or cast away from any vessel, the master or owners thereof or their agent being present at the place where the commissioners are sitting, and this whether the ship shall have been in distress or not (2). But no commissioner can act for any port or place except that in which he is resident (3). Either party may, within twenty-four hours after the award, declare his desire of obtaining the judgment of some competent court of admiralty with respect to the salvage or compensation, in which case the salvors must forthwith declare whether they will proceed in the admiralty of England, or in the admiralty of the cinque ports, and must proceed by monition within twenty days from the date of the award; and the commissioners are to permit the ship and cargo to depart on their voyage, or deliver the goods to their owners, taking bail in double the amount of the sum awarded (4). By this act also, anchors, cables, and other ship's (I) 48 Geo. 3. c. 130. s. 1. (2) 48 Geo. 3. c. 130. s. 2. (3) 48 Geo. 3. c. 130. 3. 4. 48 Geo. 3. c. 130. s. 5. stores, and materials, and merchandize, and marine stores, found by boatmen and others, are to be delivered at Ramsgate, Deal, or Dover, or such other place of public deposit as shall be declared by the lord warden (1); and the officers of the lord warden may seize such articles either at sea or on shore. (2) (1) 48 Geo. 3. c. 130. s. 7, 8. (2) 48 Geo. 3. c. 130. s. 9., CHAP. VII. Of Piracy. THE HE crime of piracy, or the commission of acts of robbery and depredation on the high seas without authority from any prince or state, is an offence against the universal law of society a pirate being, according to Sir Edward Coke, hostis humani generis. At common law, those offences only appear to have been included within the term piracy, which, if committed on land, would have amounted to felony (1). But by the marine law, no taking of property is necessary to complete the crime; and by statute, various other offences are also made piracy. The statute 11 & 12 W. 3. c. 7. enacts, that if any of his majesty's natural-born subjects or denizens of this kingdom shall commit any piracy or robbery, or any act of hostility against others his majesty's subjects upon the sea, under colour of any commission (2) from any foreign prince or state, or pretence of authority from any person whatsoever, such offender and offenders and every of them shall be deemed, adjudged, and taken to be pirates, felons, and robbers, and suffer death accordingly (3). The act also provides, that if any commander or master of a ship, or any seaman or mariner, shall, in any place where the admiral has jurisdiction, betray his trust and turn pirate, enemy or rebel, and piratically and feloniously run away with his or their ship or ships, or any barge, boat, ordnance, ammunition, goods or merchandize, or yield them voluntarily to any pirate, or shall bring any seducing messages from any pirate, enemy or rebel, or consult, combine, or confederate with, or endeavour to corrupt any commander, master, officer or mariner to yield up or run away with any ship or goods, or turn pirate, or go over to pirates, or if any person shall lay violent hands on his com (1) Hawk, B. 1. c. 37. s. 4. (2) See post. (3) 11 & 12 W. 3. c. 7. s. 8. |