franchises, and privileges heretofore granted to and vested in the 1&2 G.4. c. 76. Corporation of the Trinity House of Deptford Strond. § 18. And whereas doubts have arisen as to the exact boundaries of the jurisdiction of the Lord High Admiral and the Lord Warden of the Cinque Ports, it is declared and enacted, that the boundaries of the jurisdiction of the Lord Warden of the Cinque Ports, in regard to any matter contained in this act, shall be deemed to be as follows; (that is to say), from a point to the westward of Seaford, in the county of Sussex, called Red Cliff, including the same; thence passing in a line one mile without the sand or shoal called The Horse of Willingdon, and continuing the same distance without the ridge and new shoals; and thence in a line within five miles of Cape Grisnez on the coast of France; thence round the shoal called The Overfalls, two miles distant from the same; thence in a line without, and the same distance along the eastern side of the Galloper Sand, until the north end thereof bears west-north-west true bearing from the west-northwest bearing of the Galloper, it runs in a direct line across the shoal called The Thwart Middle, till it reaches the shore underneath the Maze Tower; from thence following in a line of the shore up to Saint Orsyth, in the county of Essex, and following the course of the shore up to the river Coln to the landing-place nearest Brightlingsea; from thence in a direct line to Shoe Bacon; from thence to the point of Shellness, on the Isle of Shippey; and from thence across the waters to Feversham; and from thence following the line of coast round the North and South Forelands, and Beachy Head, till it reaches the said Red Cliff, including all the waters, creeks, and havens comprehended between them: Provided, and it is hereby declared, that nothing in this act contained shall extend to enlarge or abridge the local limits of the ancient jurisdiction, rights, and privileges of the lord High Admiral of England, or the Lord Warden or Admiral of the Cinque Ports, or their representatives; but that the same shall remain according to ancient usage, and the description herein-before contained shall only be deemed applicable to the purposes of this act. 19. All and every the means which, in virtue of the stat. 12 Ann. c. 18., subsist, and may now be by law applied for the conclusively adjusting, and for the recovering of the quantum of the monies or gratuities to be paid to persons acting or being employed in the salvage of any ship, vessel, or goods, in cases where application shall have been first made pursuant to that stat., to officers of the customs, or other the officers therein mentioned, and assistance shall have been thereupon rendered in pursuance of the provisions of that stat., shall be applicable and available, in like manner, in cases where the salvors shall have acted under and by the mere employment and authority of the commander or other superior officers, mariners, or owners of any ship or vessel in distress, although no such application shall have been made to, nor any assistance derived from, any officers of the customs, or other the officers in the said statute mentioned; and upon payment or tender and refusal of the quantum of monies or gratuities to be paid in such salvage, or in case such payment or tender cannot be made, or security being given for the due payment thereof, to the satisfaction of the commissioners who shall have adjusted such Reservation of the rights of the Trinity House. Boundaries of the jurisdiction of the Lord Warden of the Cinque Ports. For the better adjustment and payment of 12 Ann. c. 18. salvage under 1&2G.4. c.76. quantum of gratuities, it shall not be lawful for any officer of the customs, or other person having the possession of such ship, vessel, or goods, any longer to retain the possession or custody of the same, or any part thereof, by reason of any claim to a compensation for such salvage as aforesaid, or for having acted or been employed therein. Owners or Salvors may sell so much of the property saved as will defray Salvage. Jurisdiction of Cinque Ports not to be affected. Public act. § 20. In all cases it shall be lawful for the owners, or if the owners refuse, for the salvors, to sell so much of the property saved, as will be sufficient to defray the salvage adjudged, and all expenses allowed by the high court of Admiralty, or by the court of Admiralty of the Cinque Ports, or by the commissioners appointed under this act; and on the production of an order from the high court of Admiralty, or from the court of Admiralty of the Cinque Ports, or of an award made by the commissioners under this act, the commissioners of customs and excise shall allow the sale of such goods free from the payment of duties: Provided that in all cases in which they may think it adviseable, it shall be lawful for the commissioners of the customs and excise to refer any such award to the judgment or revision of the High Court of Admiralty. § 21. Nothing herein contained shall extend to affect or impeach the jurisdiction to be exercised within the Cinque Ports, or to affect or abridge in any degree the jurisdiction or authority of the High Court of Admiralty. § 22. This act is declared to be a public act, &c. On the The Schedule to which this Act refers. day of at in the year of our Lord and [Ship's Names.] [Master's Names.] A. B. [here insert the name of On which day appeared per the salvors] against the said ship sonally W. X. of whereof was Y. Z. of who produced master, her tackle, apparel, and themselves as sureties for the said furniture, and the goods, wares, the master, and for the and merchandizes on board the owners of the said ship and cargo, same; and also against the said [or, as the case may be,] for the master, and the owners said master and owners of the said ship and cargo [or, as of the said goods and merchanthe case may be, against certain dizes, and submitting themselves goods and merchandizes lately to the jurisdiction of the High laden on board the said ship, Court of Admiralty of England, whereof was master; [or, the Court of Admiralty for and also against the said the Cinque Ports, as the case may master, and the owners (or if the be,] bound themselves, their heirs, owners alone appear by them-executors and administrators, for selves or agents, then leave out the said master and owners of the the master's name,) of the said said ship and cargo, [or, as the goods and merchandizes], in a case may be,] for the said Cause of Salvage. master and owners, or, for the owners of the said goods and merchandizes, in the sum 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 merchandize, as shall hereafter be decreed 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, wheresoever the same shall be found, to the value of the sum above mentioned. This Bail was duly taken, acknowledged, and received at the time and place above written, before me the under- W. X. signed commissioner; and I do hereby farther certify that I do believe and consider the persons above mentioned sufficient security for the sum of· pounds. Y. Z. ADDENDA. Certiorari. (Costs of Prosecution within Stat. 5 & 6 W. & M. c. 11.) REXV. GILBIE, M. 57 G. 3. 5 M. & S. 520. Gilbie was indicted for a misdemeanour at the Northumberland quarter sessions, and removed the same by Certiorari into the Court of K. B., and was afterwards found guilty, and sentenced to two years' imprisonment in the gaol for that county; in execution of which sentence he was conveyed thither at the prosecutor's expence. The Master, on taxing the costs, allowed this expence to the prosecutor. A rule nisi having been obtained for the Master to review his taxation, Scarlett and Deacon shewed cause, and argued, that this allowance was warranted by stat. 5 and 6 W. & M. c. 11. § 3. which enacts, "That if the defendant prosecuting the certiorari be convicted of the offence for which he was indicted, the Court of K. B. shall give reasonable costs to the prosecutor." And they urged, that if the indictment had been left with the sessions this expence would not have been incurred, because the defendant would have been on the spot; wherefore, it was by the defendant's own act, who removed the indictment, that the cost was incurred; and it is a part of the reasonable costs. The prosecutor, in discharge of his duty, had a right to see that the sentence of the Court was executed. Chitty, contrà, maintained, that the stat. W. & M. did not contemplate costs such as the present, nor, indeed, any costs after judgment. And, as to the defendant being the occasion of this expence, the sentence might as well have been to the prison of this Court as to the county gaol. The place, therefore, of imprisonment was the act of the Court. The recognizance of the defendant extends to the costs of the trial, and not of execution. And he cited Rex v. Cholsey, 2 Cowp. 726. and Queen v. Sumers, 1 Salk. 55. Lord ELLENBOROUGH C. J. Under the terms of the recognizance the defendant was bound to pay all reasonable costs. These costs, if not immediately occasioned by the certiorari, were certainly incurred in consequence of it. If the indictment had remained below, no such expence would have been incurred. The defendant's own act, therefore, may be said to have occasioned the expence. It is reasonable that the defendant should bear the expence for which no other fund is provided. BAYLEY J. It is a part of the prosecution to carry it to its legal conclusion. Per Curiam. Rule discharged. The costs of conveying a defendant to gaol his sentence, are reasonable costs within stat. 5 & 6 W. & M. c. 11. § 3. to be allowed to the in execution of prosecutor where the indictment has been removed by certiorari. |