aforesaid, in the saving or recovering any such Ship or Vessel, or the Cargo, Stores, Tackle, or other Articles belonging to the same, or the preserving the Lives of the Crew or Persons belonging thereto, or of any Wreck as aforesaid, to pass and repass with their Horses, Carts, Carriages, or Servants over any Lands near to the Part of the Sea Coast where such Vessel shall. be so wrecked or stranded, or on which such Wreck shall be, cast, without Interruption or Obstruction by the Owner or Occupier thereof, for the Purpose of rendering Assistance in saving, recovering, and preserving any such Ship or Vessel, or Goods or Stores, or any Cables, Anchors, Spars, Masts, Cordage, or other Tackle or Articles belonging to any Ship or Vessel, or for saving or otherwise assisting in preserving the Lives of the Crew, or of any Persons on board of any such Ship or Vessel, or for the taking Possession of, and securing for the Benefit of the Owners thereof, of any Wreck or Goods, or other Things cast on Shore, or found on Shore, or found near thereto, provided there shall be no Road by which the Parties may pass and repass with as much Convenience and Expedition as over such Lands, and also to place any Planks, Timber, or any Part of the Wreck, or any Goods or Stores removed or saved from any such Ship or Vessel, or any other Wreck or Goods aforesaid, upon any such Land for a reasonable Time, until they can be removed to some Warehouse or safe Place of Deposit, making Compensation to the Occupier of such Lands for any Damage done by the Means aforesaid, which Compensation shall be a Charge upon the Wreck or Goods in Respect whereof the Damage may be done, in like Manner as Salvage; and in Case the Parties cannot agree as to the Amount thereof, then the same shall be ascertained and settled by Two Justices of the Peace, or of a Third Person to be named by them, in such. Manner, and within such Times as the Amount of Salvage is directed to be ascertained and settled by the Said recited Act in the Forty-ninth Year of His said Majesty's Reign.
Penalty on refusing Persons so employed from passing over Lands.V. And be it further, enacted, That if any Owner or Occupier of any Land or Premises, over which any Person is authorized by this Act to pass and repass, for any of the Purposes in, this Act lands before mentioned, shall interrupt, impede, or hinder any such Person from passing over his Land or Premises, with Horses, Carts, Carriages, and Servants, for the Purposes in this Act before mentioned, or any or either of them, by locking his Gates, or refusing upon Request to open the same, or otherwise, or shall obstruct or hinder the placing any Wreck, Goods, Stores, or other Articles: upon his Land, or shall prevent their remaining there for a reasonable Time, until the same can be removed to some Warehouse or safe Place of public Deposit,. such Occupier shall forfeit and pay to any Person who will sue for the same the Sum of One hundred Pounds, to be recovered by Action of Debt.
Questions of Salvage within the Jurisdiction of the High Court of Admiralty or the Courts of Record at WestminsterVI. And whereas Questions have arisen as to the Jurisdiction of the Courts of Record at Westminster, and of the High Court of Admiralty, in Cases of Salvage of Ships and Goods performed between High and Low Water Mark; be it therefore enacted, That any Question in relation to Salvage of any Ship or Vessel, or.of any Goods, which shall be performed between, High and Low Water Mark, shall from and after the passing of this Act-be and deemed to be within the Jurisdiction or Cognizance of the High Court of Admiralty, or of His Majesty's Courts of Record at Westminster, any Thing in any Act or Acts of Parliament to the contrary notwithstanding.
In Case of Damage done by a Foreign Vessel, in Harbour, &c. any of the Judges may case the Vessel to be arrested until the Owners, &c. shall undertake to appear Defendant in any Action.VII. And be it further enacted, That in every Casein which any Damage shall be done by any. Foreign Ship ot Vessel to any Aritesh Ship or Vessel, Barge, Boat, or other Craft, or any Buoy or Beacon in any Harbour, Port, River, or Creek, and it shall appear on a summary Application, made to any Judge of any of His Majesty's Courts of Record at Westminster, 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 such Case it shall be lawful for such Judge to cause such Foreign Ship or Vessel, being in any Harbour, Port, River, or Creek, to be arrested and detained until the Master, of Owner, or Consignee, or some Agent of the Owner, Master, 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 Action or Suit, than the Production of the Order of the Judge made in, Relation to such Security as aforesaid.
