The Statutes containea in the Appendix to the earlier editions of this work, and which have been printed mostly at length in the present edition, have an immediate bearing upon, and are frequently referred to in, the text. There are, however, others which from their date or subject-matter are not of equal importance, but which may be usefully noticed; and with this view a Supplementary Appendix has been prepared, referring to them wholly or in part. SUPPLEMENTARY APPENDIX. 13 GEO. 2, c. 17. An Act for the Increase of Mariners and Seamen to Navigate Merchant Ships and other Trading Ships or Vessels. [1740.] [This act provides inter alia that every person above fifty-five and below eighteen years of age, and every foreigner in the British merchant service, shall be entirely exempted from being impressed, and that every other person using the sea shall be exempted from being impressed for two years from the time of his first going to sea, and every apprentice to the sea service shall enjoy the same exemption for the first three years of his apprenticeship.] 19 GEO. 2, c. 22. An Act for the better Preservation of Havens, Roads, Channels, and Navigable Rivers within that part of Great Britain called England. [1746.] 54 GEO. 3, c. 159. An Act for the better Regulation of the several Ports, Harbours, 1 & 2 GEO. 4, c. 76. An Act to continue and amend certain Acts for preventing the various Whereas by an act passed in the forty-eighth year of his late Majesty King 48 Geo. 3, c. 130. George the Third, intituled "An Act for preventing Frauds and Depredations committed on Merchants, Shipowners, and Underwriters, by Boatmen and others, within the jurisdiction of the Cinque Ports; and also for remedying certain (a) Repealed in part by 28 & 29 Vict. c. 112, s. 1; 36 & 37 Vict. c. 91; and 38 & 39 Vict. c. 25, s. 18. Lord warden to appoint commissioners to determine differences relative to salvage. Commissioners to appoint a secretary or register, subject to the approba tion of the lord warden. Proceedings to be entered. Power to commissioners to settle all differences which may arise. Commissioners to be paid by the owners, &c. for their trouble such fees as shall be allowed by the lord warden. No commis Defects relative to the Adjustment of Salvage, under a Statute made in the Twelfth Year of her late Majesty Queen Anne;' " which act was to continue in force for seven years, and from thence to the end of the next session of parliament. And whereas by an act passed in the fifty-third year of his late Majesty King George the Third, the said above recited act, except so far as the same was altered, was further continued in force for seven years from the passing of the said act, and from thence to the end of the next session of parliament, and no longer. And whereas it is expedient that the said recited acts should be further continued, except so far as the same are altered by this act; be it therefore enacted, &c., That it shall and may be lawful for the lord warden of the Cinque Ports for the time being to nominate and appoint, by any instrument or instruments under his hand and seal, three or more substantial persons in each of the Cinque Ports, two ancient towns and their members, to adjust and determine any difference relative to salvage (which may arise) between the master of any vessel and the person or persons bringing such cables and anchors ashore; and in case any ship or vessel shall be either forced or cut from her cables and anchors, by extremity of weather, or by any other accident whatever, and leave the same in any roadstead or other place within the jurisdiction of the Cinque Ports, two ancient towns and their members, and the salvage cannot be adjusted between the persons concerned, then the same shall be determined by any three or more of the said persons so to be appointed as aforesaid, within the space of twenty-four hours after such difference shall be referred to them for their determination thereof, any usage or custom to the contrary in anywise notwithstanding: Provided always, that such commissioners shall, immediately after their nomination, proceed to elect some fit and proper person, who shall be a notary or master extraordinary in chancery, as their secretary or register, except to the port of Dover, where the register for the time being of the Court of Admiralty of the Cinque Ports shall be the register; and which secretary or register shall enter in a book, to be kept for that purpose, all the proceedings of such commissioners, and also a copy of the awards which they shall from time to time make; but such election of secretaries or registers shall be subject to the approbation of the lord warden for the time being. 2. And be it further enacted, that it shall be lawful for the said commissioners, to be appointed as aforesaid, to decide on all claims and demands whatever which shall or may be made by pilots, hovellers, boatmen, and other persons, for services of any sort or description rendered to any ship or vessel, as well for carrying off from the shore to such ship or vessel any anchors, cables, or other stores from any part or port of the coast of Kent, Sussex, Essex or the Isle of Thanet, within the jurisdiction aforesaid, as for the conducting and conveying such ships and vessels from the Downs, and other bays and roadsteads on the coast of Kent, Sussex, and Essex, and the Island of Thanet, or from the sea or any other place to Ramsgate, Dover, or any other harbour, port, or place, on the said coasts within the jurisdiction aforesaid, or for the saving and preserving, within the jurisdiction aforesaid, any goods or merchandize wrecked, stranded, or cast away from any ship or vessel, the master or owners thereof, or their agents, being present at the place where the commissioners shall be sitting; and that the said commissioners shall have full power and authority to hear and determine on all cases whatever of services rendered by pilots, boatmen, and others, to shipping within the jurisdiction aforesaid, whether such ships or vessels shall be in distress or not; and that it shall be lawful for the said commissioners, whenever they see occasion, to examine the parties or their witnesses upon their oaths, which oaths shall and may be administered by the said secretary or register. 3. And be it further enacted, that it shall be lawful for the commissioners so to be appointed, and their secretary or register as aforesaid, who shall decide on any such claims or demands as aforesaid, to demand and receive of and from the owners of such ships or vessels, or the proprietors of any such goods or merchandizes, against whom any pilot, boatman or other person shall make any claim or demand for services of any sort rendered to such ships or vessels, or for the sole saving and preserving any goods or merchandizes wrecked, stranded, or cast away within the jurisdiction aforesaid; and such owners and proprietors are hereby required to pay to them such fee or reward for deciding on every such claim and demand as shall be adjudged to them in that behalf by the lord warden of the Cinque Ports for the time being. Provided always, that no person where he is to be appointed a commissioner by virtue of this act shall have power or autho- sioner shall act rity to act in any other port or place than that in which he is resident, or from out of the place which his usual place of residence is not distant more than one mile; and that resident. before such commissioners shall in any case proceed to act, they shall severally Commissioners take the following oath before a magistrate or a commissioner of the Court of to take the folKing's Bench or Common Pleas, or a master extraordinary in Chancery; (videlicet,) lowing oath. "I A. B. do swear, that I have not, neither will I in any way, directly or Form of oath. indirectly, take or receive any fee, emolument or reward, from any of the parties whose interests are referred to my decision (save and except such fee or reward as shall be allowed by the lord warden to be paid to me by the shipowners or proprietors of the cargo, or their agents); and that I will not accept or receive any fee whatever from the persons claiming reward or salvage; but that I will decide according to the best of my judgment, on the evidence to be brought before me, without favour or affection to either party. So help me GOD." 4. And be it further enacted, that in case the party or parties so claiming to be entitled to salvage or compensation for services rendered as aforesaid, or the party or parties who are to pay the same, or their agents, shall be dissatisfied with such award and decision of the commissioners, it shall and may be lawful for either of them respectively, within eight days after such award is made, but not afterwards, to declare to the commissioners his or their desire of obtaining the judgment of some competent Court of Admiralty respecting the said salvage or compensation as aforesaid, and thereupon such party or parties shall forthwith be required by the commissioners to declare whether he or they will proceed in the Court of Admiralty of the Cinque Ports, or the High Court of Admiralty of England, and he or they shall so proceed within twenty days from the date of such award, by taking out a monition against the adverse party; but in such case the said commissioners are hereby empowered and required to permit the said ship and her cargo, notwithstanding such declaration and proceeding, to depart on her voyage, or to deliver to the owners and proprietors, or their agents, any goods or merchandizes respecting which any claim for salvage shall be made upon the owners or proprietors of the same, or their agents, giving good and sufficient bail in double the amount of the sum awarded; and which bail the said commissioners, or any of them, are and is hereby authorized to take and certify according to the form contained in the schedule hereunto annexed, and to transmit the same without delay to the Court of Admiralty, in which the intention of proceeding shall be so declared, together with a true certificate in writing of the gross value of the whole ship and cargo, or other goods and merchandizes respecting which salvage shall be claimed, and also an official copy of such proceedings and awards, certified by the said secretary or register, and the same shall be admitted by such Court of Admiralty as evidence in the cause. Parties dissatisfiled may appeal to the High Court of Admiralty, or the Admiralty of the Cinque ship to be liberPorts; but the ated, on giving bail in double the amount of the award. Bail to be taken and certified according to sche dule annexed. 5. Provided always, and be it further enacted, that on an appeal so as afore- The appeal to be said being made to the Court of Admiralty of the Cinque Ports, or to the High conclusive. Court of Admiralty, the same shall be taken and held to be final, and no ulterior appeal from sentence of the Court of Admiralty of the Cinque Ports, or from the High Court of Admiralty, shall lie to the king in Chancery. [Sections 6 to 14 are repealed by the Merchant Shipping Act Repeal Act, 1854, s. 4.] 15. And be it further enacted, that the lord warden of the Cinque Ports for the time being, and the lieutenant of Dover Castle for the time being, and the deputy wardens of the Cinque Ports for the time being, and the judge official and commissary of the Court of Admiralty of the Cinque Ports, two ancient towns, and the members thereof for the time being, and any other officer who shall be specially appointed by the lord warden, and all and every of them, shall and may execute, perform and do, within the jurisdiction aforesaid, all the acts, matters and things contained in this act, in like manner, to all intents and purposes, as any magistrate or magistrates, or any commissioner or commissioners to be appointed by virtue of this act, is and are authorized to execute, perform and do the same. 16. [Manner of issuing commissions for the punishment of offences, agreeably to 28 H. 8, c. 15 (Piracy, &c.)-Reservation of the rights of the High Court of Admiralty, and of the Court of Admiralty of the Cinque Ports.] The lord warden and his deputies, have the like judge, &c. to power as justices of the peace or commissioners under this act. Boundaries of the jurisdiction of the lord warden of the Cinque Ports. [Section 17 is repealed by the Merchant Shipping Act Repeal Act, 1854, s. 4.] 18. And whereas doubts have arisen as to the exact boundaries of the jurisdiction of the lord high admiral and the lord warden of the Cinque Ports, and it is highly expedient for the purposes of this act that the same should be clearly set forth; now it is hereby declared and enacted, that the boundaries of the jurisdiction of the lord warden of the Cinque Ports, in regard to any matter or thing contained in this act, shall be and shall be deemed and taken to be as follows; (that is to say), from a point to the westward of Seaford, in the county of Sussex, called Red Cliff, including the same; thence passing in a line one mile without the sand or shoal called the Horse of Willingdon, and continuing the same distance without the ridge and new shoals; and thence in a line within five miles of Cape Grisnez on the coast of France; thence round the shoal called the Overfalls, two miles distant from the same; thence in a line without, and the same distance along the eastern side of the Galloper Sand, until the north end thereof bears west-north-west true bearing from the west-north-west bearing of the Galloper, it runs in a direct line across the shoal called the Thwart Middle, till it reaches the shore underneath the Maze Tower; from thence following in a line of the shore up to Saint Orsyth, in the county of Essex, and following the course of the shore up to the River Coln to the landing place nearest Brightlingsea; from thence in a direct line to Shoe Bacon; from thence to the Point of Shellness, on the Isle of Shippey; and from thence across the waters to Feversham; and from thence following the line of coast round the North and South Forelands, and Beachy Head, till it reaches the said Red Cliff, including all the waters, creeks and havens comprehended between them: provided always, and it is hereby declared, that nothing in this act contained shall extend, or be construed to extend, to enlarge or abridge the local limits of the ancient jurisdiction, rights, and privileges of the lord high admiral of England, or the lord warden or admiral of the Cinque Ports respectively, or their respective representatives; but that the same shall remain according to ancient usage, and that the description hereinbefore contained shall only be deemed applicable to the purposes of this act, anything herein contained to the contrary notwithstanding. [Sections 19 to 22 are repealed by the Merchant Shipping Act Repeal Act, 1854, s. 4.] [Ship's Names.] A. B. [here insert the name of the salvors] against the said ship whereof [Master's Names.] , On which day appeared personally W. Z. of and Y. Z of who produced themselves as sureties for the said the master, and for the owners of the said ship and cargo [or as the case may be] for the said master and owners of the said goods and merchandizes, and submitting themselves to the jurisdiction of the High Court of Admiralty of England [or, the Court of Admiralty for the Cinque Ports, as the case may be], bound themselves, their heirs, executors and administrators, for the said master and owners of the said ship and cargo, [or as the case may be] for the said master and owners, or, pounds was master, her tackle, apparel and furniture, and the goods, wares and merchandizes on board the same; and also against the said master, and the owners of the said ship and cargo [or, as the case may be, against certain goods and merchandizes lately laden on board the said ship, whereof was master; and also against the said master, and the owners (or if the owners alone appear by themselves or agents, then leave out the master's name) of the said goods and merchandizes], in a cause of salvage. for the owners of the said goods and merchandizes, in the sum of of lawful money of Great Britain, unto the said A. B. &c. to answer the salvage and expenses of the said ship and cargo [or as the case may be], on the said goods and merchandize, as shall hereafter be decreed by the said court, according to the tenor of the act in that behalf made and provided; and unless they shall so do, they hereby consent that execution shall issue forth against them, their |