Page images
PDF
EPUB

c. of Vlieland and Ter Schelling, and the neighbouring territories, differing chiefly from the other in the names of the places, and something in the charges of pilotage, which I shall particularly mention.

Every captain of a ship that enters by the Vlie with a pilot of Ter Schelling shall be obliged to pay 6 stivers every time, more than the ordinary pilotage, for the relief of poor and aged pilots.

The pilots shall be obliged to go aboard the ships at'a league beyond the Flats, and Art. 6. those who only embark on this side the first, second, third, or fourth buoy, shall have no more than 15 instead of 20 stivers per foot; and if any pilot having conducted a ship up the Vlaak, is detained either by bad weather, or the want of a boat to carry him ashore, in this case he shall have 1 florin per foot; but if, in winter time, the ship is stopped by ice, the pilot shall endeavour to carry her into the Ruys ou Sloot, and, having secured her there, he shall remain four days to see whether the weather will change, and, if then the ice continues, he has earned his pilotage, and may quit the ship, and the captain shall pay him 3 florins for his attendance the four days; and, if the captain will detain him yet longer, he shall pay 15 stivers per foot, besides his provisions; but if the captain will absolutely be carried up the Vlaak, the days of pay shall cease on heaving up the anchor, and the pilot shall be obliged to conduct him for 16 stivers the foot; and we prohibit all others but sworn and admitted pilots, to undertake the bringing any ship from Piereveld, by the opening of the Vlie, on penalty of 25 florins.

All vessels coming from the East, West, from Muscovy, and the adjacent parts, as Art. 7. also those from Bergen, Dronthiem, and Nileus, and all charcoal vessels drawing eight feet water, which will enter by the Vlie, shall be obliged to take a pilot to bring them in, although they have taken one at the Sond, or elsewhere, without leaving the cap. tains at liberty to refuse, or to excuse paying the pilotage; and in case of refusal, the pilots may follow the captains to the places they are bound to, to recover the pilotage and charge of their journey, which shall be settled at 12 florins, provided that the galliots, or other small vessels, which draw no more than four, five, and six feet water, shall pay to the Sloot 24 stivers the foot, and to this side of the Vlaak, 34 stivers the foot; the ships coming from Normer, Dronthiem, or from Roomsdaal, laden with iron, oil, &c. shall pay as much as those which come from the Baltic, without exception; but the galliots or other vessels which only draw 10 feet water, or less, coming from l'Eyder, Jutland, or Norway, with their ballast of salt, or laden with beeves, shall pay 15 stivers per foot, if the pilots enter them without the openings, and conduct them to the Sloot, where they may quit them: but if a pilot leaves a ship before he has brought her to the said place, he shall forfeit 12 florins; and, if the captain will keep the pilots till on this side the Vlaak, they shall pay them 5 stivers for each foot more than the 15: and, in regard of laden ships, it shall be regulated, according to the 9th article, except for those who are only in ballast, or those which are laden with wood or cattle.

Those vessels which have one-third of their cargo shall pay pilotage, as directed in Art. 14,15.. art. 16, for the Texel; and those coming from the East and North, shall pay entrance as underneath, according to the feet they draw, to be counted by feet and half feet; but the galliots or small vessels coming from the North, which only draw from four to six feet, shall be exempt, as in the preceding article, viz. in summer to commence the 1st of April, provided the vessel passes the Vlaak that day, for afterwards the distinction shall not be made of the pilotage of the summer and winter, but of the day that the ship passes the Vlaak, and not the day of her entrance.

Every Ship or Vessel which draws
5, 6, 7, 8 to 9 Feet Water F. 12
9 ..

......... 12 10
10...
101...

... 14: and the remainder to 20 feet, exactly the same as article 20 in the preceding ordinance.

[graphic]
[ocr errors]

And for the winter's pilotage to commence from the 1st of September, if the vessel passes the Vlaak that day, till the last of March ; Every Ship or Vessel which draws

clients 4, 5, 6, 7, 8 to 9 Feet Water

F. 1810 pt 911 T h e ..... 18 10 resul

t DVA

[ocr errors]

stol OF WRECKS, FLOTSAM, JETSAM, AND LAGAN. Ye dia See Ab A wreck, (in Latin, wreccum maris, and in French, wreck de mer) signifies in our betes Law law such goods as, after a shipwreck, are cast upon land by the sea, and left there ping, title within some county; for they are not wrecks so long as they remain at sea, in the

and jurisdiction of the Admiralty. Burn's Jusayur tice title Flotsam, is when a ship is sunk, or otherwise perished, and the goods float upon Jacoby the sea. Law Dic- Jetsam, is when a ship is in danger of being lost, and in order to save by light2 Inst. 167, ening her, some goods are cast into the sea, notwithstanding which she afterwards 560, 106, a. perishes. 799 i n 56,6,106,b. ibid. Lagan, or ligan, are those heavy goods which are cast into the sea, before a ship is ibid. lost, in order to preserve them; and that they may be found again if providence permits) Bracton. lib. 3. c. 2. a buoy is generally fastened to them. The F.N.B 122. The King shall have flotsam, jetsam, and lagan, when the ship perisheth, or when the

My owners of the goods are not known; but when the ship does not perish, è contra.' Coke 5. A. man may have flotsam and jetsam by the King's grant; and may have flotsam Part Fol. 107. Coke within the high and low water-mark by prescription, as it appears by those of the Inst. Fole west countries, who prescribe to have wreck in the sea, so far as they may see a Humber barrel.

A Sir Hen. 110 By the grant of wreck will pass flotsam, jetsam, and lagan, when they are cast upon Constable's 1. Case. Coke the land; but, if they are not cast upon the land, the admiral hath jurisdiction, and 5 Part. not the common law, and they cannot be called wreck. beas cauti Fol. 107. Bract. lib. By the common law all wrecks belong to the crown, and therefore they are not 2. cap. 5. chargeable with any customs, because goods coming into the kingdom by wreck, are

[ocr errors]

not imported by any body, but cast ashore by the wind and sea : but it was usual to *seize wrecks to the King's use, only when no owner could be found; and, in that case, the property being in no man, it in consequence belongs to the King, as Lord of the Narrow Seas.

Though when a man, dog, or cat, escapes alive out of any ship that is lost, neither Westm. 1. the ship, nor any thing therein, shall be adjudged wreck, but the goods shall be savel €.4.3) and kept a year and a day by the sheriff, to be restored to any person who can prove a property in them; and if nobody appears to claim in that time, they shall be forfeited 2 Inst. 166. as wreck; the year and day shall be accounted from the seizure; and, if the owner of the goods dies before the expiration of that term, his executors or administrators may 5 Rep. 106. make proof, though, if the goods are bona peritura (perishable goods) the sheriff may sell them within the year, taking care he does it to the best advantage, and account for their product.

The owners, claiming a wreck, must make sufficient proof of their title within the year and day; and they are to do it by their marks or cockets, by the custom-house books, or the testimony of reputable men.

Where goods are wrecked on shore, and the lord of the manor takes them, having power so to do, he shall not pay custom, neither by the common law, nor by the statute law; for by the common law shipwrecked goods could not be charged with customs, for the wreck being wholly the King's, he could not have a custom of what was all his own. Neither by statute law, because such wrecked goods cannot be said to be brought into the kingdom, as merchandize for sale. Hill. 23 and 24, Car. 2.

Enacts, that the sheriffs and Justices of the peace of every county, or of a city or 12 Ann. c. town, and all mayors, bailiffs, and other head officers of corporations and port towns 18. s. l. near adjoining to the sea, and all constables, tithingmen, and officers of the customs, in all such places, upon application to them made on behalf of any commander of a ship in danger of being stranded, or run on shore, shall command the constables near the sea coast where such ship shall be in danger, to call together as many men as shall be necessary, to the assistance, and for the preservation of such ship; and if there shall be any ships of war, or other ships, lying at anchor near the place, the officers of the customs, and constables, &c. are to require the assistance of the superior officers by their boats, and what hands they can spare : and if such officers shall refuse or neglect to assist, they shall be liable to the penalty of 100l. to be recovered by the chief officer of the ship in distress.

No person shall enter into such ships in distress, without leave from the commander or constable, &c. and the masters and constables may, by force, repel persons, who shall press on board the said ships without leave. And if any goods are carried off from any such ship, and found on any person, if they are not delivered to the owner on demand, such person shall pay treble the value of the goods, recoverable by the owner in an 'action at law. Also, if any officer of the customs, or his deputy, abuse the trust reposed in him by this act, and shall be convicted thereof, he shall forfeit treble damages to the party grieved, and be incapable of any employment in the customs. Persons defacing the marks of any goods on board such ship shall make double satisfaction, or be sent to the house of correction to hard labour for twelve months.

And for the encouragement of such persons as shall give their assistance to such ships Sect.2.: or vessels so in distress, it is further enacted ; that the said collectors of the customs, and the master or commanding officer of any ships or vessels, and all others who shall act or be employed in the preserying any such ship or vessel in distress, or their cargoes, shall, within thirty days after the service performed, be paid a reasonable reward for the same, by the commander, master, or other superior officer, mariners, or owners of the ship or vessel so in distress, or by the merchant, whose ship, vessel, or goods shall be

so saved. In default, the ship or goods may be detained by the officer of the customs or his deputy, till all the persons employed in the saving the said ship or cargo, shall be reasonably gratified for their assistance and trouble, or good security to the satisfaction of all parties shall be given for the payment thereof. If any difference arises touching the gratuities deserved by any of the persons so employed, the said master or merchant, and also the said officer of the customs, shall nominate three justices of the peace in the neighbourhood, who shall thereupon adjust the quantum of the monies or gratuities to be paid to the several persons acting or being employed in the salvage of the said ship, vessel, or goods, and such adjustments shall be binding to all parties, and shall be recoverable in an action at law to be brought in any of her Majesty's Courts of Record. If no owner appears to claim the goods saved, they shall be put into the custody of the chief officer of the customs, and if not claimed in twelve months he shall sell them by public sale, and transmit the amount to her Majesty's Exchequer, there to remain for the use of the owners. This act shall be read four times in the year, in all the parish churches and chapels of every sea-port town, and upon the sea coast in this kingdom, viz. upon the Sunday next before Michaelmas-day, Christmas-day, Lady-day, and Midsummer-day, in the morning immediately after prayers, and before the sermon.

If any person or persons shall make, or be assisting in the making, any hole in the bottom, side or any other part of any ship or vessel so in distress as aforesaid, or shall steal any pump belonging to any such ship or vessel, or shall be aiding or abetting in the stealing such pump, or shall wilfully do any thing tending to the immediate loss and destruction of such ship or vessel, such person or persons shall be, and are hereby made guilty of felony, without any benefit of his, her, or their clergy. This act was made

perpetual by 4 Geo. 1. c. 12. A Geo. 1. For the effectual preventing the wilful casting away, burning, or otherwise destroying C. 12. s. s. of ships, by the owners, masters, and mariners thereof, and thereto belonging; it is

enacted, that if any owner of, or captain, master, mariner, or other officer belonging to any ship, shall wilfully cast away, burn, or otherwise destroy the ship of which he is owner, or unto which he belongeth, or in any manner direct or procure the same to be done, to the prejudice of any person or persons that shall underwrite any policy or policies of insurance thereon, or of any merchant or merchants that shall load goods thereon, he shall suffer death. And the 11th of Geo. 1. cap. 19. sect. 76. after reciting the above clause, and mentioning that doubts have arisen about the trial and punishment for the said offences, enacts, that if the said offences are committed within the body of any county in the realm, they shall be tried in the same courts in such manner and form as other felonies are tried and determined; and if the said offences are committed upon the high seas, they shall be tried and adjudged by the

Admiralty Court. | Hawk. If a man has a grant of wreck, and goods are wrecked upon his lands, and another P. C. 94. taketh them away before seizure, he may bring an action of trespass, &c. for before

they are seized, there is no property gained to make it felony. Plast. 166. If goods wrecked are seized by persons having no authority, the owner may have his

action against them; or if the wrong-doers are unknown he may have a commission to

inquire, &c. 27 Ed. 3. Goods lost by tempest, piracy, &c. and not by wreck, if they afterwards come to

land, shall be restored to the owner. Coke When a ship is ready to sink, and all the men therein, for the preservation of their 2 kost. 167. lives, quit the ship, and afterwards she perishes, if any of the men are saved and come

to land, the goods are not lost.

A ship on the sea was chased by an enemy; and the men therein, for the security of their lives, forsook her; she was afterwards taken by the enemy, and spoiled of her

c. 13.

1.

L

JU

goods and tackle, and then turned adrift; after this, by stress of weather, she was cast on land, where it happened her men safely arrived: and it was resolved that this was no wreck.

The act, 12 Ann. st. 2. cap. 18. shall not affect the ancient jurisdiction of the Admi. 4 Geo, I. ralty Court of the Cinque Ports, but the officers of the said court shall put the said act c. 12. 6. 2. in execution, within the jurisdiction of the Cinque Ports.

In the year 1753, the following act passed, which having reduced the greatest part of the former laws into this act, for the guidance of masters of ships and other persons concerned in shipping, it is here inserted.

The preamble begins that, Whereas, notwithstanding the good and salutary laws now 26 Geo. 2. in being, against plundering and destroying vessels in distress, and against taking away shipwrecked, lost, or stranded goods, many wicked enormities have been committed, to the disgrace of the nation, and to the grievous damage of merchants and mariners, of our own and other countries : Be it enacted, that, if any person or persons shall plunder, steal, take away, or destroy any goods or merchandize, or other effects, from, or buionging to, any ship or vessel which shall be in distress, or shall be wrecked, lost, stranded, or cast on shore, in any part of his Majesty's dominions (whether any living creature be on board or not) or any of the furniture, tackle, apparel, provision, or any part of such ship or vessel: or shall beat, or wound, with intent to kill or destroy, or shall otherwise wilfully obstruct the escape of any person endeavouring to save his or her life, from such ship or vessel, or the wreck thereof; or, if any person or persons shall put out any false light or lights, with intention to bring any ship or vessel into danger, then such person or persons so offending, shall be deemed guilty of felony, and being lawfully convicted thereof, shall suffer death, as in cases of felony, without bene. fit of clergy.

1, that when goods of small value shall be cast on shore, and stolen without circumstances of cruelty or violence, the offender on conviction, be punished as in: cases of petit larceny.

It shall be lawful for any justice of the peace, upon information being made to him on oath, of any part of the cargo, or effects of any ship, lost or stranded, being un. lawfully carried away, and concealed, to issue his warrant for searching any house, &c. as in other cases of stolen goods : and, if the same shall be found in such house, &c. or in the possession of any person not legally authorised to keep the same, and the owner of such house, or the person in whose custody the same shall be found, shall not give an account to the satisfaction of the justice of the peace, how he came by the goods, it shall be lawful upon proof of such refusal, and he is required, to commit the offender to the common gaol for six months, or until he shall have paid the owner treble the value of the things unlawfully detained.

If any person shall offer to sale any effects belonging to any vessel lost as aforesaid, and unlawfully taken away, or suspected so to have been, it shall be lawful to seize, and carry the same, or give notice thereof with all convenient speed, to some justice of the peace; and if the person offering them to sale, or some other person in their behalf, shall not appear before the justice within ten days after such seizure, and make out to the satisfaction of the justice, his property in the goods, or in some person who em. ployed him, then the goods shall be delivered for the use of the right owner, upon payment of a reasonable reward for such seizure, to be ascertained by the justice, to the person who seized the same, and such justice shall commit the offender to the common gaol for six months, or until he shall have paid the owner treble the value of the goods.

In case any person, not employed by the master, &c. in the salvage of any vessel or the cargo, &c. shall, in the absence of persons so employed, save any such ship, goods, &c. and cause the same to be carried, for the benefit of the owners or proprietors, into

« PreviousContinue »