such seizure.

s. 8.

Proceeding upon not appear before said justice within 10 days next after such seizure, and make out, to the satisfaction of such justice, the property of said goods to be in him, or in the person by whom he was employed to sell the same ; then said goods shall, by order of said justice, be forthwith delivered over to or for the use of the rightful owner, upon payment of a reasonable reward for such seizure, (to be ascertained by such justice) to the person who seized the same; and such justice shall commit the person who shall have so offered or exposed the said goods to sale, to the common gaol for 6 months, or until he shall have paid to the lawful owner, or to the person lawfully authorized to receive the same, treble the value of the said goods so unlawfully offered to sale. And by s. 3. if oath shall be made before any magistrate empowered to take the same, of any such plunder or theft, and the examination in writing thereupon shall be delivered to the [*clerk of the peace] of the county, &c. wherein such fact shall be committed, or to his deputy; or if oath shall be made before any such magistrate of the breaking any ship contrary to the [+12 Ann. st. 2. c. 18.] supra, and the examination in writing thereupon taken shall be delivered to such [*clerk of the peace] or his deputy, then such [*clerk of the peace] shall cause the offender to be forthwith prosecuted for the same, either in the county where the fact shall be committed, [for in any county next adjoining; in which adjoining county any indictment may be laid by any other prosecutor; and if the fact be committed in Wales, then the prosecution shall be carried on in the next adjoining English county;] and the necessary charges of such prosecutions by the [*clerk of the peace] shall be paid by the treasurer of the county, &c. where the fact shall be com"Grand jury mitted, to such amount as the [§justices of peace in their 23&24 Geo. 3, general or quarter sessions] shall order; and if such

Duty of clerk of the peace in respect to prosecuting such offenders.

at the assizes,"

c. 48. Ir.

[*clerk of the peace] shall neglect or refuse to carry on such prosecution in due manner, he shall forfeit £100,

"Clerk of the crown," in 23 & 24 Geo. 3. c. 48. Ir.

+ The 23 & 24 Geo. 3. c. 48. Ir. here refers to the 4 Geo, 1. c. 4. If.

No such clause as this is contained in the 23 & 24 Geo 3. c. 48. Ir.

tq

to any person who shall sue by action of debt, &c. in any court of record at [*Westminster.]

"Dublin," in

23 & 24 Geo.3.

c. 48. Ir. Offences in respect to wrecks, how punished in Ireland.

s. 4. 5 & 6. Ir.

23 & 24 Geo.3. 48.8. 1. 2. 3.

c.

s.

& 4. Ir.

In Ireland the 4 Geo. 1. c. 4. Ir. contains clauses cor responding to those of the 12 Ann. st. 2. c. 18. §. 4 & 5. Eng. ante p. 958.but further enacts (s. 6.) that if any person shall put forth any false or treacherous lan- 4 Geo. 1. c. 4. thorns, lights or fires, with intention to subject any ship or vessel to danger or shipwreck, he shall be guilty of felony without benefit of clergy. And the 23 & 24 Geo. 3. c. 48. Ir. has followed the 26 Geo. 2. c. 19. s. 1. 2. 3. 4 & 8. Eng. supra, with such deviations only as are noted in the margin. And the 15 & 16 Geo. 3. c. 33. Ir. fur- 15&16 Geo. 3. ther enacts, that every person who shall get or have in c. 33. s. 1. Ir. his custody or possession, any part of any ship or vessel Punishment for in distress, or stranded, wrecked, or driven on shore, or not giving notice of any part of the tackle, furniture, sails, ammunition or cargo of any wreck or cargo in the pos thereof, or of the goods belonging to such vessel, know- session of any ing the same so to be, shall, within 3 days next after person, such person shall knowingly have got or had the same in his custody, &c. give notice to a justice of peace of the county in which such person shall be resident, or to the next residing officer of his majesty's revenue, that he hath part of such vessel, or of the tackle, &c. or goods, in his custody, &c. and the place where the same shall be deposited at the time of giving such notice; upon pain of suffering imprisonment for such time not exceeding 6 months, as the judge of assize before whom such person shall be convicted shall think fit. And by s. 2. every person who shall so have any part of such vessel, or of the tackle, &c. or goods, in his custody, &c. shall deliver the same within 48 hours after demand, and without wilful embezzlement, to any justice of peace wreck or cargo. of the county where the same shall be, or to any officer of the revenue who shall demand the same; and every person who shall neglect, refuse, or omit to deliver the same as aforesaid, shall be deemed to have stolen the same, and shall be adjudged guilty of felony and it shall be sufficient in any indictment for any offence against this act, to aver and prove that such parts of any vessel, or the tackle, &c. had been on board or did be

s. 2.

Felony to secrete

any part of

long

s. 3.

1

long to such vessel, without averring or proving that the property thereof was in any particular person. By s. 3. this act shall in every year be publicly read in full marAct proclaimed. ket, on the market day next preceding Michaelmas day, in the public market-place of every market-town in this kingdom, situate within 5 miles of the sea, by the chief magistrate of every such market-town having a chief magistrate, or by some person appointed by him, and, in places where there is not a chief magistrate, by the clerk of the market, or by some person appointed by him; and every chief magistrate or clerk, who shall neglect to read or have the same read as aforesaid, shall forfeit £5. to be recovered by civil bill, by the person who shall first sue for the same.

Duty of sheriffs,

mation of vessels

12 Ann. st. 2. c. 18. s. 1.Eng.

The clauses of these statutes respecting salvage or c. upon infor- compensation for preserving ships in distress, and their being in distress. cargoes, may be here also stated. By the 12 Ann. st. 2. c. 18. s. 1. Eng. the sheriffs, justices of peace of every county, or county of a city or town, and all mayors, bailiffs, and other head officers of corporations and porttowns near to the sea, and all constables, head-boroughs, tithing-men, and officers of the customs in all such places, shall, upon application made to any of them, by or on the behalf of any commander or chief officer of any ship or vessel of any of her majesty's subjects, or others, being in danger of being stranded or run ou shore, shall command the constables of the several ports "This king- within [*her majesty's dominions,] nearest to the sea coasts where any such vessel shall be in danger as aforesaid, to summon and call together as many men as shall be thought necessary to the assistance and for the preservation of such vessel in distress, and cargo; and if there be any man of war or merchant-ship belonging to her majesty, or any of her subjects, riding at anchor near the place where such vessel is in distress or danger, the officers of the customs, and constables above mentioned, or any of them, shall demand of the superior officers of such ship, &c. riding at anchor, assistance by their boats, and such hands as they can conveniently spare for the said service and preservation of the said vessel;

dom" in

4 Geo. 1. c. 4. Ir.

and

s. 2.

s. 6 & 7. Eng.

and in case such superior officer shall refuse or neglect to give such assistance, he shall forfeit £100. to be recovered by the superior officer of the ship, &c. so in distress, together with costs of suit, in any court of record, by action of debt, &c. And by s. 2. (as amended by the 26 Gen. 2. c. 19. s. 6&7.Eng) the justice of peace, mayor, (26Geo.2.c.19. bailiff, collector of the customs, or chief constable, who shall be nearest to the place where any ship, goods, or Quantum of salvage, how , effects, shall be stranded or cast away, shall forthwith adjusted. give public notice for a meeting, to be held as soon as possible, of the sheriff or his deputy, the justices of peace, mayors or other chief magistrates of towns corporate, coroners and commissioners of the land-tax, or any 5 or more of them, who shall give aid in the execution of these acts, and employ proper persons for the saving of ships in distress, and such ships, &c. as shall be stranded or cast away; and also examine persons upon oath touching the same, or the salvage thereof, and adjust the quantum of such salvage, and distribute the same amongst the persons concerned in such salvage, in case of disagreement amongst the parties, or the said persons; and every such sheriff, &c. attending and acting Sheriffs, &c. how paid for at such meeting, shall be paid 4s. a day for his expenses their trouble. in such attendance, out of the goods and effects saved by their care or direction. Provided that if the charges and rewards for salvage directed to be paid by these acts shall not be fully paid, or sufficient security given for how raised if not the same, within 40 days next after such services performed, then it shall be lawful for the officer of the customs concerned in such salvage to borrow or raise so much money as shall be sufficient to pay such charges, &c. or any part thereof then remaining unpaid, or not secured as aforesaid, by or upon a bill or bills of sale, under his hand and seal, of the ship, &c. or cargo saved, or such part thereof as shall be sufficient, redeemable nevertheless upon payment of the principal sum so borrowed, and interest for the same after the rate of £4. per cent. per annum.* And by the 26 Geo. 2. c. 19.

S. 5.

By the 12 Ann. st. 2. c. 18. s. 2. Eng. the quantum of salvage (if not paid within 30 days after the service performed) was to be adjusted by 3 neighbouring justices of peace nominated by the commander

of

Salvage money

paid.

s. 5. Eng.

sage.

26 Geo. 2. c.19, s. 5. Eng. if any person not employed by the master, mariners, or owners, or other persons lawfully authorized, Persons though in the salvage of any ship or vessel, or the cargo or pronot employed by vision thereof, shall, in the absence of persons so emthe master, &c. entitled to sal- ployed or authorized, save any such vessel, goods, or effects, and cause the same to be carried for the benefit of the owners or proprietors into port, or to any near adjoining custom-house, or other place of safe custody, immediately giving notice thereof to some justice of peace, magistrate, or custom-house or excise officer; or shall discover to any such magistrate, &c. where any such goods, &c. are wrongfully bought, sold, or concealed; such person shall be entitled to a reasonable reward for such services, to be paid by the masters or owners of such vessels or goods, and to be adjusted in case of disagreement about the quantum, in like manner as the salvage is to be adjusted and paid by virtue of the 12 Ann. st. 2. c. 18, Eng. And by s. 9. the commissioners of the land tax, the deputy sheriff, the coroner, and the officers of excise in each county, &c. shall be proper officers for putting in execution these acts, together c. 18.s. 3. Eng, with those above named.† And by the 12 Ann. st. 2 c. 18. s. 3. Eng. if any person besides those empowered

s. 9. Who shall be

the proper off

cers for executing these acts. 12 Ann. st. 2.

Penalty for entering vessel in distress without

leave.

by

of the ship, or owner of the goods, or merchant interested therein, and officer of the customs, or his deputy; such adjustments to be recoverable by action in any court of record: And this clause also provides, that if no person shall appear to make his claim to any of the goods that shall be saved, then the chief officer of the customs of the nearest port to the place where the said ship was so in 'distress, shall apply to 3 of the nearest justices of peace, who shall put him, or some other responsible person, in possession of said goods, such justices taking an account in writing of said goods, to be signed by such officer of the customs; and if said goods shall not be legally claimed within 12 months next ensuing, by the rightful owner thereof, then public sale shall be made thereof, and if perishable goods forthwith to be sold, and after all charges deducted, the residue of the monies arising by such sale, with a fair account of the whole, shall be transmitted to the exchequer, there to remain for the benefit of the owner, who upon affidavit, or other proof made of his right thereto, to the satisfaction of one of the barons, shall upon his order receive the same.

↑ The proceedings relative to the adjusting salvage, within the jurisdiction of the einque ports, &c. are regulated by the 26 Geo. 2. c. 19. s. 10. Eng, and 48 Geo. 3. c. 130. G. B.