Owners, on paying to the

officer of customs the sums demanded, to

(if required,) such persons claiming salvage are hereby declared to be barred from receiving or recovering any such demand.

SEC. 13. That in case the owners, or persons interested, shall abide by such claims so made and filed, and shall pay to the officer of customs, the sums so claimed for the use of the persons entitled, the said officer of goods delivered customs shall immediately deliver up the ship and effects to the persons interested, without any further charge.

have the ship or

up.

Owners may have the sal

vage adjusted by two or more justices of the peace.

Owners may dispose of the ship on deposit

ing the sum

claimed, or giv

ing security by

bond.

Justices to adjust salvage.

Proviso not to

SEC. 14. That in case the owners or persons interested shall think the claim unreasonable, and desire that the quantum of salvage shall be adjusted by two or more justices of the peace, pursuant to 4 Geo. I. ch. 4, it shall be so adjusted; and if the owners or persons interested shall pay to the officer of customs, for the use of the claimants, the sums so adjusted, the said officer shall deliver up the ship and effects to the owners, without any further charge.

SEC. 15. That the owners, without waiting the event of the said adjustment, may send the ship to sea, or otherwise dispose thereof, on depositing with the officer of customs the amount of the sums claimed for salvage, to abide the event of the adjustment, or in lieu of making such deposit, on giving security by the bond of two sufficient persons in the penalty of double the amount claimed, conditioned to pay to the officer for the use of the claimants the sums which shall be awarded upon such adjustment.

SEC. 18. That the said justices of the peace, after they shall be nominated to adjust the quantum of salvage, shall immediately and diligently proceed to adjust the same without wilful delay.

SEC. 19.-Provided, that the said justices shall not exceed sum de- exceed the sums demanded and verified, (if required), as before directed.

manded.

SEC. 20. That any justice refusing to attend, or if Penalty on jusattending, not doing his duty as required by this act, attend, or negtice refusing to shall forfeit £100 with costs for each offence, to be re- lecting duty. covered in his Majesty's superior courts, by any person who shall sue for the same, unless such justice shall be prevented by sickness, or other good and sufficient cause. Excuse.

SEC. 21. That nothing herein shall bar any person Appeal against from appealing against such adjustment, according to the See next Secadjustment. provisions of the 17 Geo. II. ch. 11. (a)

tion.

(a) By 17 Geo. II. ch. 11, sec. 2, persons aggrieved by adjustment of salvage by two justices of the peace may, by petition, appeal to the lord lieutenant and privy council, or to the next going judges of assize, for the county in which the ship or goods has been saved, and their determination shall be final.

By sec. 3, this appeal to the lord lieutenant and council must be within three calendar months after adjustment made and published by the justices of peace; and the party appealing shall, within twenty-one days from the date of preferring his petition, serve the officer of customs or his deputy with a true copy thereof; in default of so doing, the adjustment to be binding and conclusive on all persons concerned,

By sec. 4, when the petition of appeal is so presented, notice in writing of the day of hearing shall be served on the said officer of customs or his deputy, thirty-one days at least before the day of hearing, which service shall be deemed good and sufficient notice to all persons claiming salvage or benefit from the adjustment; and the lord lieutenant and council shall award such costs, as they shall think fit, to the parties employed in the salvage, in case the appellants fail to prosecute their appeal, or the adjustment be confirmed.

By sec. 5, it is provided, that when the party proceeds by appeal to the judges of assize, he shall, ten days at least before the first day of the assizes, serve the officer of customs, or his deputy, with a true copy of the petition, which service shall be taken to be a sufficient notice to all persons claiming salvage; such petition to be filed before twelve o'clock at noon, on the second day of the assizes, and then determined, unless the judge postpone it to the next assizes, when the going judge shall finally hear and determine it; and in default of the service of such copy as aforesaid, or of the due prosecution of the petition, the adjustment to be binding and conclusive.

By sec. 6, if there be not ten days between the adjustment and assizes, the proceedings heretofore directed are to be had at the assizes next after.

By sec. 7, if the claimants do not appear at the assizes, the judges are to give such relief to the appellants as if they had, and in case of the appellants

Proviso.

SEC. 22.-That the 4 Geo. I. ch. 4, and 17 Geo. II. ch. 11, shall be in force, save as altered by this act. (a) SEC. 23.-Provided, that if it shall appear to such justices, that any person claiming salvage has pilfered any of the effects of such ship, such claimant shall be absolutely barred from his claim of salvage.

not prosecuting their appeal, or of the adjustment being confirmed, it shall be lawful for the judges to award costs to the claimants of salvage, not exceeding the sum of £3.

By sec. 8, a jury may be returned immediately to try any doubtful fact, and the judges may thereupon issue their final decree.

By sec. 9, when the owner intends to appeal, upon depositing the money allotted by the justices, or giving the security of two sufficient persons by obligation in double the sum allotted, to the officer of customs conditioned to prosecute such appeal, and to pay such sum and costs as shall be decreed, and in default of prosecuting such appeal to pay the sum adjusted, and such costs as shall he awarded, the officer shall deliver up the ship and goods.

By sec. 10, if on appeal costs be decreed to the owners, they shall be deducted out of the sum awarded upon adjustment.

By sec. 11, privy council may direct an issue to be tried, and give judgment on the return thereof.

(a) The only material provision of the 4 Geo. I. ch. 4, is contained in sec. 3 of that statute, by which it is enacted: That if there be no legal claim within twelve months, the goods are to be sold; and in the case of perishable goods they are directed to be sold forthwith. In both cases the proceeds, after deducting all charges, shall be transmitted with a fair and just account of the whole to his Majesty's Exchequer, there to remain for the benefit of the rightful owner, who, upon appearing and making affidavit, or giving other proof to the satisfaction of the Barons of the Exchequer, shall receive the same.

54 GEO. III. CH. 116.

Act to repeal the several Laws for Recovery of small Sums due for Wages in Ireland, and to make other Provisions for Recovery of such Wages.

IT IS ENACTED,

[23rd July, 1814.

SEC. 1. That five statutes heretofore passed on this subject be repealed.(a)

SEC. 3. That for the recovery of any wages which Justice to hear complaints for shall be due to any labourer, artificer, or servant, whose wages amountdemands shall not exceed £6, it shall be lawful for any ing to £6. one justice of the peace of the counties wherein the party owing the debt resides, and for every chief magistrate within his jurisdiction, on complaint of such labourer, &c., to issue his summons in writing to the person alleged to owe the money, (not being a peer or peeress,) to appear before him, (the sum demanded, and the time. and place of appearance being expressed in the summons,) whereupon, upon appearance or non-appearance of the party, proof on oath being given that the summons was served, personally, or upon the son, daughter, or menial servant of the age of sixteen years or upwards of the party summoned, at his usual place of abode, such justice is empowered to hear and determine, as well by examination of witnesses on oath, as by all other legal ways, and if necessary by examination on oath of the party complaining, and if such person shall not pay the sum adjudged immediately, or within such time, not exceeding ten days, as the justice shall direct; the justice

(a) 2 Geo. I. ch. 17. 3 Geo. II. ch. 14. 25 Geo. II. ch. 8. 29 Geo. II. ch. 8. 5 Geo. III. ch. 15.

Proviso.

Who to be

deemed labour.

ers.

Additional compensation to servant for loss of time.

Appeal to Ses

sions.

is authorized, at the instance of such servant, to direct his warrant to any constable or constables of such county, city, or town, to levy the sum by distress and sale, rendering to the owner the overplus (if any) provided that if a reasonable excuse on oath be made for non-attendance, to the satisfaction of the justice, then it shall be lawful for him to postpone the hearing, and to issue a

new summons.

SEC. 4. That all persons, not being artificers or servants, who shall be employed to do any work for hire, shall be deemed to be labourers, under the true intent and meaning of this act.

SEC. 5.-That whenever it shall appear to the satisfaction of such justice that such servant, &c. has been, or is likely to be detained from his home or residence by reason of the non-payment of the wages, it shall be lawful, in addition to the wages adjudged to be due, for the said justice to order such further sum not exceeding £2, to be paid for his time to the servant, &c., the justice taking into consideration the length of the detention, the diligence or remissness of either party, the usual wages of such servant, &c., and the wages which, within the time of such detention, he did or might earn and also such reasonable sum by the day, to be estimated in like manner, until such wages so adjudged shall be recovered, so as such additional sum or sums shall not exceed, as above, the sum of £2.

SEC. 6. That there may be an appeal to the next Quarter Sessions by either party, which court shall finally determine the same, and shall have power to award such costs, and such compensation for detention, as aforesaid, as may have taken place subsequent to the ordered appealed from, and which such court shall deem reasonable, not exceeding £10, to be levied by warrant of distress and sale as aforesaid.