In case of Damage done by a Foreign Vessel, a Judge may order its Arrest, unless Owner under

take to appear in an Action.

Serjeants and
Deputy Ser-

jeants of the
Cinque Ports

to have the same Powers and liable to the

same Duties as Receivers.

Reservation of Rights of the Lord Warden and of the

Cinque Ports.

XLI. And be it enacted, That in every Case in which any Damage shall be done by any Foreign Ship or Vessel to any Ship or Vessel, Barge, Boat, or other Craft belonging to Her Majesty, or any of Her Subjects, whether abroad or otherwise, or to any Buoy or Beacon in any Harbour, Port, River, or Creek, or within Three Miles of the Coast of the United Kingdom, and it shall appear on a summary Application made to any Judge of any of Her Majesty's Courts of Record at Westminster or elsewhere, or to the Judge of the High Court of Admiralty respectively, that such Damage or Loss has probably been sustained or arisen by the Misconduct or Negligence of the Master or Mariners of such Foreign Ship or Vessel, then and in every such Case it shall be lawful for any such Judge to cause such Foreign Ship or Vessel, being in any Harbour, Port, River, or Creek, or other Place within Three Miles of the Coast of the United Kingdom, to be arrested and detained until the Master or Owner or Consignee of such Ship or Vessel shall undertake to appear and be Defendant in any Action which may be brought for such Loss or Damage, and give such sufficient Security, by Bail or otherwise, for all Costs and Damages, if recovered, as shall be directed and ordered by such Judge, if it shall upon the Trial of such Action or Suit appear that such Loss or Damage shall have arisen from such Negligence or Misconduct as aforesaid; and in such Action or Suit the Person giving Security shall be made Defendant, and shall be stated to be the Owner of the Foreign Ship or Vessel doing such Damage; and it shall not be necessary in any such Action or Suit to give any other Evidence of the Liability of such Person to such Suit or Action than the Production of the Order of the Judge made in relation to such Security as aforesaid; and any Collector or Comptroller of the Customs shall, upon Notice served upon him of the Fact of such Application having been made as aforesaid, have Power and is hereby required to detain such Ship or Vessel until the Result of such Application shall be made known.

XLII. And be it enacted, That within the Jurisdiction of the Cinque Ports every Serjeant of the Lord Warden of the Cinque Ports and his Deputy shall have the same Power and Authority, and be liable to the same Duties and Services, as are hereinbefore enacted with respect to the said Receivers of Droits of Admiralty, and all Provisions in this Act contained relating to such Receivers shall, within the Jurisdiction aforesaid, extend and apply to the said Serjeants and their Deputies in as full and ample a Manner as if the same were now again in that Behalf set forth and repeated; save and except that the Reports hereinbefore directed to be sent by the said Receivers to the said Receiver General shall, within the Jurisdiction of the Cinque Ports, be sent by the said Serjeants or Deputy Serjeants to the said Lord Warden; and every Fee or other Gratuity to be paid to the said Serjeants or Deputy Serjeants shall be regulated according to the Judgment of the said Lord Warden for the Time being.

XLIII. Provided always, and be it enacted, That nothing whatsoever in this Act contained shall extend or be construed to extend so as in any Manner to affect, impeach, alter, abridge, or interfere with the Rights, Privileges, Authority, or Jurisdiction of the said Lord Warden, or of the said Cinque Ports, Two ancient Towns

8

Towns and Members thereof, or in any Manner to affect, repeal, or interfere with the Provisions of an Act passed in the First and Second Years of the Reign of His Majesty King George the Fourth, intituled An Act to continue and amend certain Acts for preventing the various Frauds and Depredations committed on Merchant Shipowners by Boatmen and others within the Jurisdiction of the Cinque Ports; and also for remedying certain Defects relative to the Adjustment of Salvage under a Statute made in the Twelfth Year of the Reign of Her late Majesty Queen Anne.

Act not to interfere with the

1 & 2 G. 4. c. 76.

In case of Ves

XLIV. And be it enacted, That if any Ship or Vessel which sels wrecked may be in distress, wrecked, or stranded, or run on shore or any being plundered Part of the Cargo thereof, shall be plundered, damaged, or deby a tumultuous stroyed, wholly or in part, near to or on any of the Coasts of Assemblage, England, Wales, or Ireland, or in any of the Harbours, Havens, the Hundred Rivers, Creeks, or Bays thereof, by any Persons riotously and to be liable for tumultuously assembled together, whether on shore or afloat, Damages. in every such Case the Inhabitants of the Hundred, Wapentake, Ward, Barony, Half Barony, or other District in the Nature of a Hundred, by whatever Name it shall be denominated, in which or nearest to which the said Offence shall be committed, shall be liable to yield full Compensation to the Owner of such Ship or Vessel, or of the Cargo or any Part of the Cargo thereof, in the same Manner in England and Wales as is provided in Cases of the Destruction of Churches and other Buildings by a riotous Assemblage by an Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, intituled An Act for consolidating 7&8 G. 4. c. 31. and amending the Laws in England relative to Remedies against the Hundred; and all the Clauses and Provisions contained in the said last-mentioned Act shall be held to apply to all such Cases of plundering, damaging, or destroying any such Ship or Vessel or the Cargo thereof, by any such riotous Assemblage as aforesaid, as fully and effectually and to all Intents and Purposes as if the said several Clauses and Provisions had been particularly repeated and re-enacted in the Body of this Act; and in Ireland Compensation shall be recovered, and presented, applotted, levied, and paid over to the said Owner, in like Manner and by like Proceedings as are provided for the Recovery of Satisfaction and Amends for the malicious Demolition of or Injury to Churches, Chapels, and other Buildings used for Religious Worship according to the Usage of the United Church of England and Ireland, by an Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of His late Majesty King William the Fourth, intituled An Act to alter and amend the Laws relating to the Temporalities of the Church in Ireland, or by any Act amending the

same.

3 & 4 W. 4. c.37.

Wreck, or

Penalty on PerXLV. And be it enacted, That every Person who shall wrong- sons wrongfully fully carry away or remove any Part of any Ship or Vessel which carrying off shall be in distress or wrecked, stranded, or cast on shore, or any boarding Ships Goods, Merchandize or Article of any Kind belonging to such without Leave, Ship or Vessel, or (unless the same Person shall be a Receiver or or hindering other Officer or Justice, herein-before authorized to give Orders the saving of in Ships or Goods.

Masters of Ships may repel unauthorized Per

sons boarding them.

Nothing herein to repeal or

affect 7 W. 4. &

1 Vict. c. 87. s.8.

Nothing herein

to alter or re

peal the recited Acts following

6 G. 4. c. 125.

in Cases of Wreck as aforesaid,) shall enter or endeavour to enter on board of any such Ship or Vessel as aforesaid, without the Consent or Leave of the Master, Commander, or other superior Officer thereof, or of a Receiver or other Officer so authorized to give Orders in Cases of Wreck, or shall molest or impede any Person employed in the saving of such Ship or Vessel or Goods as aforesaid, or shall endeavour to impede or hinder the saving of any Ship or Vessel or Goods as aforesaid, shall for every such Offence forfeit and pay any Sum not exceeding Fifty Pounds; and where any such Person shall have been detained, or taken before any Justice of the Peace, for any such Offence, it shall be lawful for such Justice of the Peace to proceed summarily on the Case without any Information, and to convict such Person of such Offence, and in default of Payment of such Penalty to commit such Person to any of Her Majesty's Gaols for any Time not exceeding Six Months with or without hard Labour; and it shall be lawful for the said Master, Commander, or superior Officer of the said Ship or Vessel so in distress as aforesaid, or the said Receiver or other Officer herein-before authorized to give Order in Cases of Wreck, respectively to repel by Force any such Person as shall, without such Leave or Consent as aforesaid, press on board such Ship or Vessel: Provided always, that nothing herein contained shall be construed to repeal or in anywise affect or alter any Provision contained in an Act passed in the Seventh Year of the Reign of His late Majesty King William the Fourth and First Year of the Reign of Her present Majesty Queen Victoria, intituled An Act to amend the Laws relating to Robbery and stealing from the Person.

XLVI. Provided always, and be it enacted, That nothing in this Act contained shall be construed to alter or repeal any of the Clauses or Provisions contained in an Act passed in the Sixth Year of the Reign of His Majesty King George the Fourth, intituled An Act for the Amendment of the Law respecting Pilots and Pilotage; and also for the better Preservation of floating Lights, Buoys, and Beacons; nor any of the Clauses or Provisions contained in an Act passed in the Session of Parliament holden in the Seventh and Eighth Years of the Reign of His late Majesty King 7&8 G. 4. c. 29. George the Fourth, intituled An Act for consolidating and amend ing the Laws in England relative to Larceny and other Offences connected therewith; nor any of the Clauses or Provisions contained in an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith; nor any of the Clauses or Provisions contained in an Act passed in the Sixth and Seventh Years of the Reign of Her present Majesty Queen Victoria, 6 & 7 Vict. c. 79. intituled An Act to carry into effect a Convention between Her

9 G. 4. c. 55.

35 G.3. (I.)

Majesty and the King of the French concerning the Fisheries in the Seas between the British Islands and France; nor any of the Clauses or Provisions contained in an Act passed in the Parliament of Ireland in the Thirty-fifth Year of the Reign of His Majesty King George the Third, intituled An Act for repairing and preserving the Walls of the River Anna Liffey in the City of Dublin; and for amending an Act passed in the Twenty-sixth

Year

Rights of the
Crown, of the
High Court of
Admiralty, and
Admiralty of the
Cinque Ports.

Year of His Majesty's Reign, intituled An Act for promoting the Trade of Dublin by rendering its Port more commodious.' XLVII. Provided also, and be it enacted and declared, That Reservation of neither this Act nor any thing herein contained shall in anywise extend or be construed to extend to deprive or in any way prejudice the Rights of Her Majesty, Her Heirs or Successors, nor to the taking away, abridging, or impeaching in any Manner whatever ⚫ the Jurisdiction of the High Court of Admiralty, or the Jurisdiction of the Admiralty Court of the Cinque Ports, Two ancient Towns and their Members, but it shall and may be lawful for the said Courts respectively, and the Judges thereof for the Time being, to have, use, exercise, and enjoy Jurisdiction over all such Matters, Rights, and Offences, as they have heretofore used, exercised, and enjoyed, as fully and effectually to all Intents and Purposes whatever as if this Act had not been made, any thing herein contained to the contrary thereof in anywise notwithstanding.

XLVIII. Provided also, and be it enacted and declared, That Reservation of nothing herein contained shall extend or be construed to extend Rights of the to the taking away, abridging, hindering, prejudicing, or impeach- Trinity Houses of Deptford ing of any Grant, Liberties, Franchises, and Privileges heretofore Strond, Hull, granted to and vested in the Corporation of the Trinity House of Newcastle, and Deptford Strond, or in that of the Trinity House of Kingston- of the Humber upon-Hull, or in the Commissioners acting under the Provisions Commissioners. of any Act of Parliament relating to the Adjustment of Salvage for Anchors, Cables, and other Ships Materials found in the River Humber, or in the Master, Wardens, and Brethren of the Trinity House of Newcastle-upon-Tyne respectively, but that the said Corporations and the said Commissioners, and the said Masters, Wardens, and Brethren, shall hold and enjoy the same, as fully and effectually, and to all Intents and Purposes as they might have done in case this Act had never been made, any thing herein contained to the contrary notwithstanding.

XLIX. And be it enacted and declared, That nothing in this Reservation of Act shall extend or be construed to extend to prejudice or take Rights of the away any Right, Property, Authority, or Jurisdiction of the Mayor City of London. of the City of London, or of the Mayor and Commonalty and Citizens of the City of London, to, in, and upon the Rivers Thames and Medway respectively.

L. And be it enacted, That this Act shall extend to all Parts of the United Kingdom except Scotland.

Act not to ex

tend to Scotland.

LI. And for the Interpretation of this Act, be it enacted, That Interpretation the following Terms and Expressions, so far as they are not repug- of Act. nant to the Context of this Act, shall be construed as follows (that is to say,) the Expression "Commissioners of the Treasury shall mean "the Lord High Treasurer for the Time being, or the Commissioners of Her Majesty's Treasury for the Time being, or any Three or more of them;" and the Expression "Commissioners of Admiralty" shall mean "the Lord High Admiral of the United Kingdom of Great Britain and Ireland for the Time being, or the Commissioners for executing the Office of such Lord High Admiral, or Two or more of them;" and the Expression "High Court of Admiralty" shall mean the High Court of Admiralty of England, or the High Court of Admiralty of Ireland,

according

according as the Case may arise within the Jurisdiction of one or the other of the said Courts; and the Singular Number shall mean and apply to the Plural as well as the Singular Number; and the Masculine Gender shall mean and apply to the Feminine Gender as well as the Masculine Gender.

LII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.