Page:Ruffhead - The Statutes at Large - vol 4.djvu/696

 644 Stat. 2. '^Anno duodecimo Ann ^ Reginas. A. D. 17 [3. ' make Fiue at the King's Will : And whereas by another A£l made in the fourth Year of the Rergn of the 4Xd, I. Stat a. ' fahl King Edward the fiift, intituled, De officio Coronatcrisy conceTn <^ the Wreck of the Sea. it is en- ' a'ded, That wherefoever it be found, if any lay Hands of it, he fliall be attached by fufEcient Pledges, ' have been made by fevcral Merchants, as well hei- Majefty's Subjects as Foreigners, trading to and from ' this Kingdom, that many Ships of Tj'ade, after all their Dangers at Sea efcaped, have unfortunately '' near home, run on Shore, or been fttanded on the Coafts thereof; and that fuch Ships have been barba- ' roufly plundered by her Majefty's Subjects, and their Cargoes embeziiled, and when any Part thereof has ' jeity's Revenue, and to the much greater Damage of her Majefty's trading Subjefts :' For Remedy where- ■of be it enafired by the Queen's molt Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aftembled, and by the Authority of SherJffs.Mayors, the fame. That the Sheriffs, Juftices of the Peace of every County, or County of a City or Town, and fcc. andCui'om- alfo all Mayors, Bailiifs, and other Head Officers of Corporations and Port-Towns near adjoinino- to the Yum'^^ ^ Men '" ^'^^' a"*^ a^' Conftables, Headboroughs, Tythingmen, and Officers of the Cuftoms in all and every fuch toTffiftShips" Places fhall, upon Application made to them, or any of them, by or on the Behalf of any Commander or' in Dirtrefs. Chief Officer of any Ship or Veffel of any of her Majefl:y's Subje£ts, or others, being in Danger of being ftranded or run on Shore, or being ftranded or run on Shore, are hereby impowered and required to com- mand the Conftables of the feveral Ports within her Majefty's Dominions, neareft to the Sea Coafts where any fuch Ship or Veffel fliall be in Danger, as aforefaid, to fnmmon and call together as many Men as fhall be thought neceffary to the Affiftance and for the Prefervation of fuch Ship or Veffel fo in Diftrefs, as afore- AHShipsto faid, and their Cargoes ; and that if there fhall be any Ship or Veffel, either Man of War or Merchants ^^' Ship, belonging to her Majefty, or any of her Subjects, riding at Anchor near the Place where fuch Ship or Veffel is in Diftrefs or Danger, as aforefaid, the Officers of the Cuftoms, and Conftables above men- tioned, or any of them, are hereby impowered and required to demand of the Superior Officers of fuch Ship or Veffel fo riding at Anchor, as aforefaid, Affiftance by their Boats, and fuch Hands as they can con- veniently fpare, for the faid Service and Prefervation of the faid Ship or Veffel fo in Diftrefs, as aforefaid; and that in cafe fuch Superior Officer, of fuch Ship or Veffel riding at Anchor, as aforefaid, fliall refufe or wn Forfeiture of negledt to give ilich Affiftance, he fhall forfeit for the fame the Sum of one hundred Pounds, to be reco- rooJ. vered by the Superior Officer of the faid Ship or Veffel fo in Diftrefs, as aforefaid, together with their Gofts of Suit, in any of her Majefty's Courts of Record, by Adion, Debt, Bill, Plaint or Information, wherein no Eifoin, Wager of Law, or Protection Ihall be allowed. Reafonable Sal- H. And for the Encouragement of fuch Perfons as fliall give their Affiftance to fuch Ships or Veffels fo -vagetobe made, in Diftrefs, as aforefaid. Be it further enafted. That the faid Cqlleiftors of the Cuftoms, and the Mafter or By 5 Geo. i. Commanding Officer of any Ships or Veffels, and all others who fliall a£t or be imployed in the Preferving r 'V ^- 'h' ^^ ^"y ^""-^ ^^'P °^ Veffel in Diftrefs, as aforefaid, or their Cargoes, fliall within thirty Days after the Ser- from ftranded vice performed be paid a reafonable Reward for the fame, by the Commander, Mafter, or other Superior Ships are to Officer, Mariners or Owners of the Ship or Veffel fo in Diftrefs, as aforefaid, or by the Merchant, whofe payCuftom, Ship, Veffel, or Goods fliall be fo faved, as aforefaid; and in Default -thereof, the faid Ship, Veffel or Goods fo faved, as aforefaid, fliall remain in the Cuftody of fuch Officer of the Cuftoms, or his Deputy, until fuch Time that all Charges fliall be paid, and until the faid Officer of the Cuftoms, or his Deputy, and the faid Mafter or other Officer of the Ship or Veffel, and all others fo imployed, as aforefaid, fliall be reafonably gratified for their faid Affiftance and Trouble, or good Security given for that Purpofe, to the Satisfaftion of the feveral Parties that are to receive the fame ; and that in cafe after fuch Salvage, the Commander or other Superior Officer, Mariners or Owners of fuch Ship or Veffel fo faved, as aforefaid, or Merchant whofe Goods fliall be fo faved, as aforefaid, fliall difagree with the faid Officer of the Cu- fl:oms, or his Deputy, touching the Monies deferved by any of the Perfons fo imployed, as aforefaid, it fliall be lawful for the Commander of fuch Ship or Veflel fo faved, or the Owner of the Goods, or the Mer- chant interefted therein, and alfo for the faid Officer of the Cuftoms, or his Deputy, to nominate three Three Juftiees of the neighbouring Juftices of the Peace, who fliall thereupon adjuft the ^antum of the Monies or Gra- to aJjuft the tuities to be paid to the feveral Perfons acting or being imployed in the Salvage of the faid Ship, Veffel or Qnantum. ^ Goods; and fuch Adjuftments fliall be binding to all Parties, and fliall be recoverable in an Aftion at Law to be brought in any of her Majefty's Courts of Record, by the refpeitive Perfons to whom the fame fliall Goods not" be allotted by the faid Juftices of Peace ; and in cafe it fliall happen, that no Perfon fliall appear to make claimed in iz his Claim to all or any the Goods that fliall be faved, that then and in fuch Cafe, the chief Officer of the Months, to be Cuftoms of the neareft Port to the Place where the faid Ship or Veffel was fo in Diftrefs, as aforefaid, fliall ^°''*' apply to three of the neareft Juftices of the Peace, who Ihall put him or fome other refponfible Perfon in Poffeffion of the faid Goods, fuch Juftices of Peace taking an Account in Writing of the faid Goods, to be figned by fuch Officer of the Cuftoms ; and if the faid Goods fliall not be legally claimed within the Space of twelve Months next enfuing, by the rightful Owner thereof, then publick Sale fliall be made andtheMories thereof, and if perifliable Goods, forthwith to be fold, and after all Charges deducted, the Refidue of the tranfm tied Into Monies ai ifing by fuch Sale, with a fair and juft Account of the whole, fliall be transmitted to her Ma- ihe Exchequer, jefty's Exchequer, there to remain for the Benefit of the rightful Owner when appearing, who upon Af- &c. fidavit or other Proof made of his or their Right or Property thereto, to the Satisfadtion of one of the Ba- rons of the Coife of the Exchequer, fliall upon his Order receive the fame out of the Exchequer. Pcr&ns entring IIL And it is hereby alfo ena£ted, Xhat-if any Perfon or Perfons whatfoever, befides thofe impowered Ship without by the faid Officer of the Cuftoms, or his Deputy, and the Conftables, as aforefaid, fhall enter or endea- t«aT«, vour to enter on board any fuch Ship or Veffel fo in Diftrefs, as aforefaid, without thie Leave or Confent of of the Commander, or other Superior Officer of the faid Ship, or of the faid Officer of the Cuftoms, or his Deputy, or of the faid Conftable, or fome or one of them imployed for the Service and Prefervation of the 3 faid
 * and thfe Price of the Wreck fliall be valued, and delivered to the Town: And whereas great Complaints
 * been faved, it has been fwallowed up by exorbitant Demands for Salvage, to the great Lofs of her Ma-