Page:Ruffhead - The Statutes at Large - vol 7.djvu/511

A. D. 1753* Anno vicefimo fexto Georgii ir. C. 19. 491 CAP. XIX. An Adl for enforcing the Laws againft Perfons who (hall fleal or detain fiiipwrecked Goods ; and for the Relief of Perfons fuffering Lofles thereby. ' "^T/HEREAS notwithftanding the good and falutary Lav/s now in Being againlT: plundering and B.y;^^, 3 jp^. j, ' VV deftroying Vefiels in DillriCs, and againft taking away fhipwrecked, loft or itranded Goods, many <■• ?• 4W. i. ' wicked Enormities have been committed, to the Difgrace of the Nation, and to the grie^/ous Damage of/* ^' "■■^'"'» ■■ ' Merchants and Mariners of our own and other Coimiries :' For Remedy thereof, be it enacied by the-'^' *' ' King's moit Excellent Majefty, by and with the Advice and Confcnt of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affcmbled, and by the Authority of the fair.e. That if any Per- perfons convia:- fon or Perfons fhall plunder,- fteal, take away or deftroy any Goods or Merchandize, or other Effects, =d of pluniering from or belonging to any Ship or Veffel of his Majefty's Subjcfts, or others, which fhall be in Diftrefj, '^ f^^'^'-^'- or which fhall be wrecked, loft, ftranded or calf on Shore in any Part of his Majefty's Dominions, (whether ' '■" any living Creature be on board fuch Veffel or not) or any of the Furniture, Tackle, Apparel, Provifion, nr of obiiiufting or Part of fuch Ship or Vefiel ; or fhall beat or wound with Intent to kill or deftroy, cr fhall otherwife theEfcapeof ar.y wilfully obftru6t the Efcape of any Perfon endeavouring to fave his or her Life from fuch Ship or Veffel-, f'erfon f-om a or the Wreck thereof; or if any Perfon or Perfons fliall put out any faifc Light or Lights with Intention ""yj" °[ ° jc^ to bring any Ship or Veffel into Danger; then fuch Perfon or Perfons fo offending fhall be deemed guilty l^^vJ";" fo (ad'ct of Felony, and being lav/fully conviifted thereof, lliall fufter Death as in Cafes of Felony, without Benefit Death without^ of Clergy. . Clerj^y. II. Provided always, and be it enafted by the Authority aforefaid. That when Goods or Effefls of fmall v/here Goods oi^ Value fhall be ftranded, loft or caft on Shore, and fhall be ftolen without Circumftances of Cruelty, Out- ^'^Y^'l^^f^^^J r;ge or Violence ; then and in fuch Cafes it fhall be lawful for any Perfon or Perfons to profecute for fuch^^^ycircum- Oifence by way of Indictment for Petit Larceny ; and the Offenders being thereof lawfully convicted, fhall ftanccs of Cruel- fuffer fuch Punifhment as the Lav/s in Cafes of Petit Larceny do enjoin or require. ty, the oflemier may be inditlcd III. And be it further enafted by the Authority aforefaid, That it fhall be lawful for any one or rnorefo-'P'^'Larcuiy. of his Majefty's Juftices of the Peace, upon Information made before him or them upon Oath (which j„fHc-s upon In- Oath all Jufticcs are hereby impowered to adminifter) of any Part of the Cargo or Effecls whatfocverf.mutioa'of belonging to any Ship or Veffel loft or ftranded upon or near the Coafts aforefaid, being unlawfully carried "P^'fccJi-d or conveyed away, or concealed in any Koufe, Out-houfe, Barn or other Place, or of fome reafonable ^^j"^^^ Jj^'"^^ ' Caufe of Sufpicion thereof, to iffue his or their VVarrant or Warrants for the fearchingof fuch Houfe, Oi't- cealcd' to itn-e' .houfe, Barn or other Place, as in other Cafes of ftolen Goods : And if the fame ihall be found in fuchfeai-chWarrants ; Hou.fc, Out-houfe, Barn, or other Place or Places, or upon or in the Cuftody or Poffcffion of any Perfon or Perfons not legally authorized or intitled to keep and withhold the fame ; and the Owner or (Jccupierand the Perfons of fuch Floufe, Out-houfe, Barn or other Place, or the Perfon or Perfons upon whom, or in whofe Cuftody i" whofeC4fl,;dy or Poffeffion the fame fhall be found, fliall not immediately, upon-Demand, deliver the fame to the lawf ul ^'^.'^°°?' ^^^^ . Owner or Owners thereof, or to fuch other Perfon or Perfons as fhall be lawfully authorized to demand .■"j.r^.^'f^.isCjt.. the fame ; or fliall not give a good Account, to the Satisfaction of the faid Juftice or Juftices, how he, Cietory Account, or they came by, or became poffeffed thereof; it fhall and may be lawful to and for fuch Jultice or Juftices, to be committed upon Proof of fuch Pvcfufal, and he and they is and are hereby required to commit the faid Offender or for fi" Months, Offenders to the common Gaol for the Space of fixA'Ionths, or until he, flie or they fhall have paid tofuch°^"" ^^>'7'-"'^ ' lawful Owner or Owners, or to the Perlon or Perfons lawfully authorized to receive the fame, treble the" '"'^ ' '""'^' Value of the Goods or Things fo by him, her or them unlawfully detained. IV. And be it further enacted by the Authority aforefaid, 'Fhat if any Perfon or Perfons fhall offer or Goods oftcred to expofe to Sale any Goods or EfTedts whatfoever belonging to any Ship or Veffel loft, ftranded or caft on s.iic?, r.ifptaed t-s Shore as aforefaid, and unlav/fully taken a'.vay, or reafonably fufpected fo to have been ; then and in every '"'-"P"''^'^'^'^^' fuch Cafe it lliall be lawful for the Perfon or Perfons to whom the fame fhall be fo offered for Sale, or any'" "' °'"' Officer of the Cuftoms or Excife, or any Conftable, Headborough or 'Fythingman, or other Peace Officer, to ftop, take and feize the faid Goods and Effects ; and that he or they fhall, Vv-ith all convenient Speed, and Notice to be carry the fame, or give Notice of fuch Seizure to fome one or more of his Majefty's Jultice or Juftices ofsivciuoajufi-jce, the Peace ; and if the Perfon or Perfons who fhall have offered the faid Goods or Effefts to Sale, or fome and tiie Perfon other Perfon or Perfons on his, her or their Behalf, fliall not appear before the faid Juftice within ten Days ofi'-'""?: '"= '"^""■e next after fuch Seizure, and make out, to the Satisfaction of the faid Juftice, the Property of the faidj^?'^']^^!""^'"""^ Goods or Effects to be in hiin, her or them, or in the Perfon or Perfons by v/hom he, fhe or they, was or ^^^' ■' were employed to fell the fame ; then the faid Goods or Effects fhall, by Order of the faid Juftice, be the Goods to be ■ forthwith delivered over to or for the Ufe of the rightful Owner or Owners thereof, upon Payment of a"*"" f" '•'■«  -reafonablc Reward for fuch Seizure (to be afcertained by the faid Juftice) to the Perfon who feized the '-'™""'^' iame ; and fuch JuPdce fliall and may commit the Perfon or Peribns who fhall fo have offered or expofed ai)d the OffeKiUr the faid Goods or Things to Sale as aforefaid to the coraimon Gaol for tiic Space of fix Months, or i^""^ f|^f^/^^'™j,T^ he, fhe or they, fhall have paid to fuch lawful Owner or Owners, or to the Perfon or Perfona lawfully gj';,','^ p^^'^.'^^^.^'j authorized to receive the fame, treble the Value-of the faid Goods or Effects fo by him, her or them unlaw- of tr=blc Value, fudy oftisred to Sale as aforefaid. V. And be it further enacted by the Authority aforefaid. That in cafe any Perfon or Perfons not em- P^'fois who fhall ployed by the Mafter, Mariners or Owners, or other Perfons lav/fully authorized, in the Salvage of any ^■'Jf'^^^^J^j;^'^ (Ship or Vefie), or the Cargo or Provifion ther<;of, fhall, in the Abfence of Perfons fo employed or autho- Q,j^,ai in-j I'oit Jl r r 2 • rized,