Page:Ruffhead - The Statutes at Large - vol 6.djvu/736

 670 C. 22. Anno decimo nono Georgii II. A. D. 1746! ' moved by any of the Laws in Being:' Now for the more effectually remedying fuch Mifchiefs for the fu- ture, be it further enacted by the Authority aforefaid, That as foon as any Ship or VeiJel fhall, after the ii an Harbour, f a id firft Day of June, be funk, ftranded, or run on Shore in any Harbour, Fort, Channel or navi»a- rtmai" Oie'c d '° ^ e ^' ver ' or ma " be brought or drove in, or be there in a ruinous or mattered Condition as aforefaid, ' ' and permitted to remain there, and the Owner, or fome other Perfon having, or pretending to have any Property therein, or the Command or Power thereof, or any other Perfon or Perfons by their or any of their Order, Privity or Aficnt, fhall begin to trke down, or carry away any of the Rig- ging or Tackle, or if there (hall not be any Perfon to take Care of the faid Ship or Veffel, it fhall be law- Juilices to fum- f u ] f or any one or more Juflice or Juftices of the Peace for the County or Place where or near fuch Fact mon the Owner, Accident or Offence fhall happen, upon Information thereof, and he and they are hereby authorized and required, to fummon, or iffue out his or their Warrant or Warrants to apprehend and bring before him or them the Owner, or other Perfon having, or pretending to have the Command or Power over fuch Ship or VefTel; and upon his or their Appearance or Default, to proceed to examine the Matter of Facl in Manner and Form aforefaid; and in cafe upon fuch Examination, fuch Juftice or Juftices fhall find any Owner, or other Perfon having, or pretending to have the Command or Power over fuch Ship or and upon Con- Veffel, or any of the Perfons aforefaid, guilty of fuch Offence as aforefaid, fuch Juftice or Juftices fhall, Warrants°for Ue an ^ ne anc * the X is and are hereby required to iftue his and their Warrant or Warrants for feizing and re- laxing and re- moving fuch Ship or Veffel, and alfo the Rigging or Tackle thereof, in fuch Manner as fuch Juftice or moving the Ship Juftices fhall order and direct; and if the Owner, or fuch other Perfon aforefaid, fhall not within five and Tackle, Days give Security, according to the Approbation of fuch Juftice or Juftices, to clear the Harbour, Port, and unlefs the Channel or River of fuch Veffel, and of all Wreck, and Parts belonging to the fame, and pay the Charges Owner give Se- and Expences of feizing, removing and difpofing of fuch Ship or 'Veffel, Tackle or F'urniture, then to the f a me. rendering the Overplus, if any be, to the Owner or Owners of fuch Manor where the fame fhall happen, Juftices to «e- JV. And be it further enacted by the Authority aforefaid, That all and every the Juftices aforefaid cute this Aam- ma y } an( j they are hereby refpectively authorized and required to put this Act in Execution againft any 1 cnmtnate y. p er f on or Perfons within their feveral Jurifdiclions, although fuch Juftice or Juftices fhall or may be rated or affeffed, or do, or fhall, or may actually pay for or towards the Maintenance or Relief of the Poor of any Parifh, Town or Place, in which any Conviction in purfuance of this Act fhall be pronounced j any Law or Statute to the contrary thereof notwithftanding. Conviaions to y. And be it alfo enacted, That all Convictions, to be pronounced by the Authority of this Act, fhall be final. ^ e ^ na j {Q a jj j nten t s an d Purpofes, not to be appealed from, or removed into any Court of Record at, Weftminfter. ?id"ii n f ottobs VI* P rov id e d always, and it is hereby further enacted, That none of the Diftreffes to be at any Time Pays" 5 ma d e b y virtue of this Act, or any Part of fuch Diftreffes, fhall be fold till after the Expiration of five Days from the Day of making fuch Diftreffes refpectively; but that it fhall and may be lawful to and for the Perfons conviited in the mean while (to wit, at any Time before the Expiration of the faid five Days) to redeem fuch Diftrefs, by Payment of the Money for which the fame fhall have been made by virtue hereof, to and for the Ufes and Purpofes of this Act, together with the Cofts and Charges of and for making, feizing, and detaining fuch Diftrefs, Limitation of VII. Provided neverthelefs, That nothing in this Act contained fhall extend, or be conftrued to ex- t J le p °^" s of tend, to take away, abridge, diminifh or alter any Right, Benefit or lawful Ufe, that the Lord or Lords, this i . Lady or Ladies of any Manor or Manors adjoining to or bordering upon any Haven, Port, Road, Chan- nel or River, or that any other Perfon or Perfons whatfoever hath or have to fuch Haven, Port, Channel or River, or to the Banks, Shores or Sides thereof, or any Fiihery, Manufactures or Royalties therein; nor extend to the cafting out, unlading or throwing out of any Ship, Pink, Crayer, Lighter, Keil-boat or other Veffel, any Stone, Rocks, Bricks, Lime ot other Materials, ufed or to be ufed, in or towards the building, amending, repairing and keeping in Repair, any Quay, Pier, Wharf, Wear or Bridge, or the Banks or Sides of any Haven, Port, Road, Channel or navigable River within this Realm; but, on the contrary, this Act fhall be conftrued and taken to prevent the Mifchiefs to be done in, or to, or upon the faid Havens, Ports, Roads, Channels or Rivers, which may any ways tend to obftruct, preju- dice, incommode, hinder or do any Annoyance in the faid Havens, Ports, Roads, Channels or Rivers, or prejudice the Navigation therein and not otherwife. VIII. Provided alfo, That nothing herein contained fhall extend to take away, abridge, diminifh or limit any former or other Jurifdiction or Right, or Remedy, to punifh any Nufance to be done or com- mitted in any Haven, Port, Road, Channel or navigable River. CAP.