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39 & 40 G. 3. c. 99.

which Pawnbrokers are allowed to receive or take in Pledges.

CAP. XCVIII.

An Act to amend the Law for regulating the Hours of
receiving and delivering Goods and Chattels as Pawns
in Pawnbrokers Shops.
[28th August 1846.]
WHEREAS it is expedient that Amendment should be

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made in the Hours within which the Business of a Pawnbroker may be lawfully carried on: And whereas by an Act of Parliament made in the Thirty-ninth and Fortieth Years of the Reign of His late Majesty King George the Third, intituled An Act for the better regulating the Business of Pawnbrokers, it is enacted, that no Pawnbroker should receive or take in any Goods by way of Pawn before Eight of the Clock in the Forenoon or after Eight of the Clock in the Evening between 'Michaelmas Day and Lady Day following, or before Seven of 'the Clock in the Forenoon or after Nine of the Clock in the Evening during the Remainder of the Year, excepting only until Eleven on Saturdays, and the Evenings preceding Good Friday, Christmas Day, and every Fast Day: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Hours between Authority of the same, That from and after the Twenty-ninth Day of September next after the passing of this Act no Pawnbroker shall receive or take in, or permit or suffer to be received or taken in, any Goods or Chattels by way of Pawn, Pledge, or in Exchange, before Eight of the Clock in the Forenoon or after Seven of the Clock in the Evening between the Twenty-ninth Day of September and the Twenty-fifth Day of March following, or before Seven of the Clock in the Forenoon or after Eight of the Clock in the Evening during the Remainder of the Year, excepting only until Eleven of the Clock on the Evenings of Saturday throughout the Year, and the Evenings next preceding Good Friday and Christmas Day, and every Fast or Thanksgiving Day appointed by Her Majesty; and in case any Pawnbroker offend against the Provisions of this Act, every such Pawnbroker shall, for every such Offence, on Conviction thereof upon the Oath of any One or more credible Witness or Witnesses, before any One or more of Her Majesty's Justices of the Peace having Jurisdiction over the Place where such Offence shall have been or shall be committed, forfeit and pay not less than Twenty Shillings nor exceeding Five Pounds, as such Justice or Justices shall adjudge; and every such Penalty shall and may be levied, together with the Costs attending the Information, Summons, and Conviction, by Distress and Sale of the Goods and Chattels of the Offender or Offenders, or Per. son or Persons liable to pay the same respectively, by Warrant under the Hand and Seal or Hands and Seals of any Justice or Justices before whom such Offender or Offenders, Person or Persons, shall or may have been convicted; and every such Penalty shall be applied and disposed of in like Manner as Forfeitures incurred for any Offence against the last-recited Act.

Penalty on Pawnbrokers offending

against this Act.

Penalty and Costs may be levied by Dis

tress.

САР.

CAP. XCIX.

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An Act for consolidating and amending the Laws relating to
Wreck and Salvage.
[28th August 1846.]
THEREAS divers Acts have been passed through a long
Series of Years for preserving Ships and Goods stranded
or cast on shore, as well as for preventing Frauds and Depreda-
tions on Ship-owners and others, and for the Adjustment of
Salvage: And whereas it is expedient to consolidate and amend
the same Be it therefore enacted by the Queen's most Excel-
lent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament

assembled, and by the Authority of the same, That this Act shall Commence-
come into operation on the passing thereof as to the Appointment of the Act.
ment of the Officers hereby authorized, and the posting of their
Names, and as to the other Parts thereof on the First Day of
October One thousand eight hundred and forty-six.

II. And be it enacted, That the several Acts herein-after men. Recited Acts tioned and referred to shall be repealed; (that is to say,) an Act repealed, viz. passed in the Twelfth Year of the Reign of Her Majesty Queen

Anne, intituled An Act for the preserving all such Ships and 12 Arne, st. 2
Goods thereof which shall happen to be forced on shore or stranded c. 18.
upon the Coasts of this Kingdom or any other of Her Majesty's
Dominions; and also an Act passed in the Fourth Year of the

Reign of His Majesty King George the First, intituled An Act for 4 G. 1. c. 12.
enforcing and making perpetual an Act of the Twelfth Year of
Her late Majesty, intituled An Act for the preserving all such
Ships and Goods thereof which shall happen to be forced on
shore or stranded upon the Coasts of this Kingdom or any other
of Her Majesty's Dominions; and for inflicting the Punishment
of Death on such as shall wilfully burn or destroy Ships; and
also an Act passed in the Twenty-sixth Year of the Reign of His

Majesty King George the Second, intituled An Act for enforcing 26 G. 2. c. 19. the Laws against Persons who shall steal or detain shipwrecked Goods, and for the Relief of Persons suffering Losses thereby; and also an Act passed in the Forty-ninth Year of the Reign of

His Majesty King George the Third, intituled An Act for pre- 49 G. 3. c. 122. venting Frauds and Depredations committed on Merchants, Shipowners, and Underwriters, by Boatmen and others; and also for remedying certain Defects relative to the Adjustment of Salvage in England under an Act made in the Twelfth Year of Queen Anne; and also an Act passed in the Fifty-third Year of the Reign

of His Majesty King George the Third, intituled An Act to con- 53 G. 3. c. 87. tinue for Seven Years Two Acts, passed in the Forty-eighth and Forty-ninth Years of His present Majesty, for preventing Frauds by Boatmen and others, and adjusting Salvage, and for extending and amending the Laws relating to Wreck and Salvage; and also an Act passed in the Fifty-third Year of the Reign of His Majesty King George the Third, intituled An Act to amend an 53 G. 3. c.140. Act made in the last Session of Parliament, intituled An Act for the more effectual Regulation of Pilots and of the Pilotage of Ships and Vessels on the Coast of England,' and for the Regulation of Boatmen employed in supplying Vessels with Pilots licensed under the said Act, so far as relates to the Coast of Kent ૨૧૩

6

within

s. 5.

4 G. 1. c. 4.

11 G. 2. c. 9.

within the Limits of the Cinque Ports; and also an Act passed in the Session of Parliament holden in the First and Second Years 1 & 2 G. 4. c. 75. of the Reign of His Majesty King George the Fourth, intituled An Act to continue and amend certain Acts for preventing Frauds and Depredations committed on Merchants, Shipowners, and Underwriters, by Boatmen and others; and also for remedying certain Defects relative to the Adjustment of Salvage in England, under an Act made in the Twelfth Year of Queen Anne; and also so much of an Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of Her present Majesty 3 & 4 Vict. c. 65. Queen Victoria, intituled An Act to improve the Practice and extend the Jurisdiction of the High Court of Admiralty of England, as relates to Awards made by Justices and others in Salvage Cases, and Appeals therefrom; and also so much of an Act passed in the Session of Parliament holden in the Eighth and Ninth Years of 8 & 9 Vict. c.86. Her present Majesty Queen Victoria, intituled An Act for the general Regulation of the Customs, as relates to Persons being in possession of Goods Derelict, Jetsam, Flotsam, or Wreck, and to the Disposal of such Goods; and also an Act passed in the Parliament of Ireland in the Fourth Year of the Reign of His Majesty King George the First, intituled An Act for the preserving all such Ships and Goods thereof which shall happen to be forced on shore or stranded upon the Coasts of this Kingdom; and also so much of an Act passed in the Parliament of Ireland in the Eleventh Year of the Reign of His Majesty King George the Second, intituled An Act for enforcing and making perpetual an Act, intituled 'An Act for the preserving of all such Ships and Goods thereof which shall happen to be forced on shore or stranded upon the 'Coasts of this Kingdom;' and also for inflicting the Punishment of Death on all such as shall wilfully burn, sink, or destroy Ships, as makes the said last-mentioned Act of the Fourth Year of the Reign of His Majesty King George the First perpetual; and also so much of an Act passed in the Parliament of Ireland in the Seventeenth Year of the Reign of His Majesty King George the Second, intituled An Act for the Amendment of the Law in relation to Forgery, and the Salvage of Ships and Goods stranded, as relates to Salvage and Proceedings relating thereto; and also an Act passed in the Session of the Parliament of Ireland holden in the Twenty-third and Twenty-fourth Years of the Reign of His Majesty King George the Third, intituled An Act for the Amendment of the Law in relation to the Salvage of Ships and Goods stranded, or in danger of perishing at Sea; and the said several Acts and Parts of Acts herein-before mentioned and set forth are hereby accordingly repealed, except so far as the said Acts or any of them, or any thing therein contained, repeal any former Act or Acts, or any Parts thereof; and all and every which said Act or Acts, or the Parts thereof so repealed, shall remain and continue repealed to all Intents and Purposes whatsoever: Provided always, that all Offences which shall have been committed and all Penalties and Forfeitures which shall have been incurred previously to the First Day of October One thousand eight hundred and forty-six shall and may be punishable and recoverable respectively under the above-mentioned Acts or any of them as if the same had not been repealed.

17 G. 2. c. 11.

23&24 G.3.c.48.

III. And

Droits to be

their Names and

III. And be it enacted, That, for the Purpose of carrying the Receivers of Provisions of this Act into effect, the Receiver General of Droits Admiralty of Admiralty may from Time to Time appoint Persons to act under him, to be styled "Receivers of Droits of Admiralty ;" and appointed, and in the Construction of this Act the Word "Receivers" shall mean Addresses to be Receivers of Droits of Admiralty; and such Receivers shall hold posted at Custheir Offices during the Pleasure of the Receiver General and the tom Houses and Pleasure of the Commissioners of Admiralty; and the said Re- at Lloyd's. ceivers shall be entitled to the Fees herein-after mentioned, together with a further Remuneration, to be defrayed out of the Proceeds of Sales of Droits made by them, at the Rate of Five Pounds for every Hundred Pounds, after abating the Charges and Expences incurred by them; and the said Receiver General shall send a List containing the Names of such Receivers, with their respective Addresses, to the Collectors of Her Majesty's Customs at the different Ports of England and Wales and Ireland, and also to the Secretary of the Committee for managing the Affairs of Lloyd's in the City of London; and the said Collectors and Secretary respectively shall cause the said List to be affixed in a conspicuous Place in the Custom Houses in the said Ports and at Lloyd's aforesaid respectively: Provided always, that all the Provisions contained in this Act having reference to the said Receivers, whether as to their Style, Office, Powers, Duties, Remuneration, or otherwise, or as to the posting of their Names, shall in all respects be applicable to those Persons who shall at the Time of the passing of this Act have been appointed Agents to the said Receiver General of Droits of Admiralty, in as full and ample a Manner as if the said Agents had been appointed Receivers under this Act; and all Appointments in Writing of Agents or Receivers Appointments by the Receiver General of Droits of Admiralty, heretofore or exempt from which may be hereafter made, are hereby declared to be exempt Stamp Duty. from Stamp Duty.

All Provisions respecting Receivers applicable to the

present Agents.

IV. And be it enacted, That every Lord or Lady of any Manor, Lords of or Patentee or Grantee of the Crown, or other Person or Body Manors, &c. Corporate who may be entitled to or claim to be entitled to Wreck claiming a Right to Wreck of the Sea or to any Goods found Jetsam, Flotsam, Lagan, or to give Notice Derelict, shall deliver, or send by the General Post or otherwise, a to a Receiver. Notice in Writing, setting forth such Claim, to such One of the Receivers respectively whose Residence shall be within or nearest to the said Manor or other District in which such Claim is made; and that no such Lord or Lady of any Manor aforesaid, Patentee or Grantee of the Crown, nor any other Person or Body Corporate, shall be considered as possessing such Title, or be able to enforce the same at Law or in Equity, until such Notice shall have been so given as aforesaid: Provided always, that where Two or more Notices shall be given claiming the same Rights the Party who shall adduce to the Receiver Evidence of his having enjoyed such Rights, or if both Parties shall adduce Evidence thereof, then the Party who shall appear to the Receiver to have been last in the Enjoyment of such Rights, shall be considered as the Party entitled, until such conflicting Claims shall have been finally determined at Law or in Equity; and unless such Evidence shall be adduced by One of the said Parties, such Receivers, being in possession of such Wreck of the Sea, or Goods Jetsam, Flotsam, ૨૧ 4

Lagan,

All Persons finding Wreck, &c. to report and deliver it forthwith to a Receiver or Officer of the Customs.

Receivers and

Officers of Customs may by Warrant seize

Goods not reported or delivered, who shall be entitled to Salvage.

Informer entitled to such

Lagan, or Derelict, shall not deliver the same, except to the original Owner thereof, until such conflicting Claims shall have been determined as aforesaid.

V. And be it enacted, That all Persons whomsoever who shall find, take up, or be in possession of any Wreck of the Sea, or any Goods Jetsam, Flotsam, Lagan, or Derelict, or any Boat, Vessel, Apparel, Anchor, Cable, Tackle, Stores, or Materials, or any Goods, Merchandize, or other Article whatsoever, which shall have been found floating or sunk at Sea, or elsewhere in any tidal Water, or cast, thrown, or stranded upon the Shore, and whether the same be found above or below High-water Mark, and whether wholly on Land or wholly in the Water, or partly on Land and partly in the Water, or shall find or take possession of any Droit of Admiralty of any Description, whether such Person shall claim to be entitled to such Article or Droit or not, shall forthwith send to the Receiver or to the Collector or Comptroller of Customs at the Port or Place nearest to which such Articles or Droits have been found a Report in Writing of all such Articles or Droits so found, containing an accurate and particular Description of the Marks (if any) thereon, and of the Time and Situation when and where the same were found, and shall also forthwith place such Articles or Droits at the Disposal of the said Receiver or Officer of the Customs; and every Officer of the Customs receiving such Report shall forthwith transmit the same to the nearest Receiver; and every Person who shall keep Possession of or retain, or conceal or secrete, any such Wreck of the Sea, Jetsam, Flotsam, Lagan, Derelict, Boat, Vessel, Apparel, Anchor, Cable, Tackle, Stores, Materials, Goods, Merchandize, or other Article as aforesaid, or shall deface, take out, or obliterate any Name, Mark, or Number thereon, or alter the same in any Manner, or shall keep Possession of or retain, or conceal or dispose of any Droit of Admiralty, or shall not forthwith report and place at the Disposal of such Receiver or Officer of the Customs any such Article or Droit in the Manner aforesaid, shall forfeit all Claim to Salvage, and shall on Conviction forfeit any Sum not exceeding One hundred Pounds, and also forfeit and pay Double the Value of the Articles to the Owner thereof, if claimed, or to Her Majesty, if the same become or be a Droit of Admiralty; which Double Value may be recovered in the same Manner as a Penalty under this Act.

VI. And be it enacted, That it shall be lawful for any Receiver or Officer of the Customs upon Warrant obtained by Application to any Magistrate or Justice of the Peace, who is hereby empowered to grant the same, to search for, seize, and detain any such Article or Droit as shall not have been reported or dealt with in the Manner herein-before directed, either on shore, stranded, or afloat, and for that Purpose to enter any House, Store, or Building, or any Ship, Vessel, or Boat; and every Officer of the Customs so seizing as aforesaid shall forthwith send to the nearest Receiver a Report in Writing of the Articles or Droits so seized, and describing the Marks (if any) thereon; and every Receiver or Officer of the Customs so seizing as aforesaid shall be entitled to Salvage for the said Articles or Droits; and if any such Seizure shall have been made in consequence of any Information given to

any

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