No. V. c. 6. [ No. V. ] 16 Charles II. c. 6.-An Act to prevent the delivering up of Merchant Ships.--English Ships not 16 Car. II. to be yielded up to Turks or Pirates. The Penalty on Masters of Ships, Process out of the Court of Admiralty, Mariners or inferior Officers declining to fight. The Penalty. Encouragement to Captains and Seamen to defend their Ships. Ships which shall be taken by the English. The Penalty of wilfully destroying Ships. The Continuance of this Act for Three Years, &c. [ No. VI. ] 22 & 23 Charles II. c. 11.-An Act to pre- II. For the prevention thereof for the future and for the better encouragement of merchants as well foreigners as English to freight and use English ships; Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons assembled in Parliament, and by the authority of the same, That where any goods or merchandizes shall be laden on board any English ship, which ship shall be of the burthen of two hundred tons or upwards and mounted with sixteen guns or more, if the master or commander shall yield up the said goods to any Turkish ships or vessels or to any pirates or sea-rovers whatsoever without fighting; that then and in such case the master shall upon proof thereof made in the High Court of Admiralty be from thenceforth incapable of taking charge of any English ship or vessel as master or commander thereof; and if he shall at any time thereafter presume to take upon him to command any English ship or vessel he shall suffer imprisonment by warrant from the said court during the space of six months for every such offence: and in case the persons so taking the said goods shall release give back or let pass the said ship, shall pay unto the said master any sum or sums of money or any goods in lieu of money for freight or other reward or gift; that in all or any such cases the said goods or money so given or the value thereof, as also the master's part of such ship her tackle apparel and furniture so released given back or let pass, out of which the said goods were taken, shall be liable to repair the persons whose goods were so delivered or taken, by action in the High Court of Admiralty: and in case the commander's or master's part of the ship tackle apparel and furniture together with such money and goods given as aforesaid shall not be sufficient to repair all the damages sustained, then the reparations to be recovered on the master's or commander's part of the ship to be divided pro rata amongst the persons prosecuting and proving their damages, and the persons damaged to have their action against the master for the remainder. No. VI. 22 & 23 Car. II. c. 11. The Master is under 200 Tons and six- Penalty for Ma. riners refusing to fight. Where the forced to yield Penalty for Mariners to force him to yield his Ship, Felony. When any of ficers or Sea of their Ship, Provision is made for their Maintenance. III. And be it further enacted by the authority aforesaid, That no master of any such English ship as aforesaid being at sea and having discovered any ship to be a Turkish ship pirate or sea-rover shall depart out of his ship upon any pretence whatsoever, lest by his detention on board any such ship the safety of his own ship be hazarded. IV. And be it further enacted, That if the master of any English ship or vessel though not of the burthen of two hundred tons or mounted with sixteen guns as aforesaid shall yield his ship unto any Turkish ship pirate or sea-rover (not having at the least his double number of guns) without fighting, every such master shall be liable to all and every the penalties in this Act contained. V. And be it further enacted by the authority aforesaid, That upon process made out of the High Court of Admiralty it shall and may be lawful to and for all commanders of his Majesty's ships of war or the commanders of any other English ships to seize such ships or masters so offending, according to the said process in such case to be issued, and the same to bring or send in custody into any ports of his Majesty's dominions, there to be proceeded against according to the intent and meaning of this Act. VI. Provided, That none be hereby encouraged to violate the rights of the ports of any foreign Prince or states in amity with the King's Majesty. VII. And be it further enacted by the authority aforesaid, That if the mariners or inferior officers of any English ship laden with goods and merchandizes as aforesaid shall decline or refuse to fight and defend the ship when they shall be thereunto commanded by the master or commander thereof or shall utter any words to discourage the other mariners from defending the ship; that every mariner who shall be found guilty of declining or refusing as aforesaid shall lose all his wages due together with such goods as he hath in his ship and suffer imprisonment not exceeding the space of six months, and shall during such time be kept to hard labour for his or their maintenance. him VIII. Provided always, That if any ship shall have been yielded as aforesaid contrary to the will and endeavour of the master or commander by the disobedience of the mariners testified by their having laid violent hands on him; that in such case the master or commander shall not be liable to the sentence of incapacity as aforesaid nor to any action for the losses sustained by the merchants, unless he shall have received back from the takers thereof his ship or some recompence gift or reward as aforesaid. IX. And be it further enacted by the authority aforesaid, That every mariner who shall have laid violent hands on his commander whereby to hinder him from fighting in defence of his ship and goods committed to his trust shall suffer death as a felon. X. And for the better encouragement to captains masters officers and seamen to defend their ship; Be it enacted by the authority aforesaid, That when any English ship shall have been defended by fight and men are wound-brought to her designed port, in which fight any of the officers or seamen ed in defence shall have been wounded, it shall and may be lawful to and for the judge of his Majesty's High Court of Admiralty or his surrogate or the judge of the Vice-Admiralty within which the ship shall arrive at her return, upon petition of the master or seamen of such ship so defended as aforesaid, to call unto him such and so many as he shall be informed to be adventurers or owners of the ship and goods so defended, and by advice with them to raise and levy upon the respective owners and adventurers by process out of the said court such sum or sums of money as himself with ' the major part of the adventurers or owners then present shall judge reasonable, not exceeding the value of two per cent. of the ship and goods so defended according to the first cost of the goods, to be made appear by the invoice (which the owner or his factor or correspondent is hereby required to produce) or by the oath of the said owner factor or corres Seamen maimed in fighting against Pirates provided for by 8 Geo. 1. c. 24. sec. 5. 22 & 23 . pondent if thereunto required; which money so raised shall be paid unto the registrar of the said court who shall receive for the same three pence in each pound and no more, thence to be distributed amongst the captain master officers and seamen of the said ship or widows and children of the slain, according to the direction of the judge of the said court with the approbation of three or more of the owners or adventurers aforesaid, who shall proportion the same according to their best judgments unto the ship's company as aforesaid, having special regard unto the widows and children of such as shall have been slain in that service and to such as shall have been wounded or maimed. XI. And in case the company belonging unto any English merchant ship shall happen to take any ship, which ship shall first have assaulted them, the respective officers and mariners belonging to the same shall after condemnation of such ship and goods have and receive to their own proper use and benefit such part and share thereof as is usually practised in private men of war. The Benefit they are to receive by taking a Ship that shall assault them. XII. And whereas it often happeneth that masters and mariners of Felony for any ships having insured or taken upon bottomry greater sums of money Officer or other than the value of their adventure, do wilfully cast away burn or other- Person wilfully wise destroy the ships under their charge to the merchants and owners to destroy any "great loss;' For the prevention thereof for the future, Be it enacted by Ship. the authority aforesaid, That if any captain master mariner or other officer belonging to any ship shall wilfully cast away burn or otherwise destroy the ship unto which he belongeth or procure the same to be done he shall suffer death as a felon. XIII. And for the better encouragement of building good and defensi- Encouragement ble ships, Be it enacted, That all and every person or persons that shall given for within the space of seven years from and after the first of May next en- building good suing build or cause to be built within any of his Majesty's dominions Ships. any ship or vessel of three decks with a forecastle and five feet between each deck mounted with thirty pieces of ordnance at least and other ammunition proportionable, shall for the first two voyages which the said ship or ships make from his Majesty's dominions to any foreign part have and receive to his and their own proper use and benefit one tenth part: XIV. And all persons that shall build any ships of two decks above three hundred tons and thirty guns shall have one twentieth part of the customs that shall be paid to his Majesty for all such goods or merchandizes as shall be exported or imported on the said ship or ships to and from this kingdom: and the commissioners and officers of his Majesty's customs are hereby empowered and required to pay the same to the owner or owners of the said ship or ships accordingly, [No. VII. ] 7 & 8 William III. c. 22.-An Act for preventing Frauds, and regulating Abuses in the Plantation Trade. XVII. AND for a more effectual prevention of frauds which may be used 7 & 8 W. III. to elude the intention of this Act by colouring foreign ships c. 22. under English names; Be it further enacted by the authority aforesaid, English-built That from and after the five-and-twentieth day of March, which shall be in Ships to be rethe year of our Lord one thousand six hundred ninety-eight, no ship or gistered and vessel whatsoever shall be deemed or pass as a ship of the built of England Proof made on Ireland Wales Berwick Guernsey Jersey or any of his Majesty's plantations Oath before the in America, so as to be qualified to trade to from or in any of the said Collector of the plantations until the person or persons claiming property in such ship or Custom, &c. vessel shall register the same as followeth; that is to say, If the ship at the time of such register doth belong to any port in England Ireland Wales or the town of Berwick upon Tweed, then proof shall be made upon oath of one or more of the owners of such ship or vessel before the collector and comptroller of his Majesty's customs in such port; or if at the No. VII. 7&8 Will. III. c. 22. The Oath. time of such register the ship belong to any of his Majesty's plantations in America or to the islands of Guernsey or Jersey, then the like proof to be made before the governor together with the principal officer of his Majesty's revenue residing on such plantation or island, which oath the said governors and officers of the customs respectively are hereby authorised to administer in the tenor following, viz. [time when] and that [owners name] of and of, &c. are at present owners 'thereof; and that no foreigner directly or indirectly hath any share or " part or interest therein.' XVIII. Which oath being attested by the governor or custom officer respectively who administered the same under their hands and seals shall after having been registered by them be delivered to the master of the ship for the security of her navigation, a duplicate of which register shall he immediately transmitted to the Commissioners of his Majesty's Customs in the Port of London, in order to be entered in a general register to be there kept for this purpose, with penalty upon any ship or vessel trading to from or in any of his Majesty's plantations in America after the said five-and-twentieth day of March, and not having made proof of her built and property as is here directed, that she shall be liable and she is hereby made liable to such prosecution and forfeiture as any foreign ship (except prizes condemned in the High Court of Admiralty) would for trading with these plantations by this law be liable to. XIX. Provided always, That all such ships as have been or shall be taken at sea by letters of mart or reprisal and condemnation thereof made in the High Court of Admiralty of England as lawful prize shall be specially registered, mentioning the capture and condemnation instead of the time and place of building, with proof also upon oath that the entire property is English before any such prize shall be allowed the privilege of an English-built ship according to the meaning of this Act. XX. Provided also, That nothing in this Act shall be construed to require the registring any fisher-boats hoys lighters barges or any open boats or other vessels (though of English or plantation built) whose navigation is confined to the rivers or coasts of the same plantation or place where they trade respectively, but only of such of them as cross the seas to or from any of the lands islands places or territories in this Act before recited or from one plantation to another. XXI. And be it further enacted by the authority aforesaid, That no ship's name registred shall be afterwards changed without registring such ship de novo, which is hereby required to be done upon any transfer of property to another port and delivering up the former certificate to be cancelled under the same penalties and in the like method as is hereinbefore directed; and that in case there be any alteration of property in the same port by the sale of one or more shares in any ship after registring thereof, such sale shall always be acknowledged by indorsement on the certificate of the register before two witnesses, in order to prove that the entire property in such ship remains to some of the subjects of England if any dispute arises concerning the same.* A transfer is not void for non-compliance with this direction, Hodgson v. Brown, 2 B. & A. 427. [ No. VIII. ] 12 Anne, st. 2. c. 18.-An Act for the preserving all such Ships and Goods thereof, which shall happen to be forced on shore, or stranded, upon the Coasts of this Kingdom, or any other of her Majesty's No. VIII. Dominions. 12 Anne, st. 2. c. 18. 12 Anne, st. 2. c. 18. 3 Ed. 1. c. 5. WHEREAS by an Act made in the third year of the reign of King Edward the First concerning wrecks at sea, it is enacted, That 'where a man a dog or a cat escape quick out of the ship that such ship nor barge nor any thing in them shall be adjudged a wreck, but the goods shall be saved and kept by view of the sheriff coroner or the 'King's bailiff and delivered into the hands of such as are of the town 'where the goods were found; so that if any sue for those goods and ' after prove that they were his or perished within his keeping within a 'year and a day, they shall be restored to him without delay, and if not they shall remain to the King or to such others to whom wreck be'longeth; and he that otherwise doth and thereof be attainted shall be ' awarded to prison and make fine at the King's will: And whereas by another Act made in the fourth year of the reign of the said King 4 Ed. 1. st. 2. 'Edward the First, intituled De officio Coronatoris, concerning the wreck of the sea, it is enacted, That wheresoever it be found if any lay hands of it he shall be attached by sufficient pledges and the price of the wreck 'shall be valued and delivered to the town: And whereas great com'plaints have been made by several merchants, as well her Majesty's sub'jects as foreigners trading to and from this kingdom, that many ships of trade after all their dangers at sea escaped have unfortunately near 'home run on shore or been stranded on the coast thereof; and that 'such ships have been barbarously plundered by her Majesty's subjects and their cargoes embezzled, and when any part thereof has been saved it has been swallowed up by exorbitant demands for salvage to the great loss of her Majesty's revenue and to the much greater damage of her Majesty's trading subjects:' For remedy whereof be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That the sheriffs Sheriffs, justices of the peace of every county or county of a city or town and also Mayors, &c. all mayors bailiffs and other head officers of corporations and port-towns and Customnear adjoining to the sea and all constables headboroughs tythingmen and house Officers officers of the customs in all and every such places, shall be, upon applica- Men to assist tion made to them or any of them by or on the behalf of any commander or chief officer of any ship or vessel of any of her Majesty's subjects or others being in danger of being stranded or run on shore or being stranded or run on shore, and they are hereby empowered and required to command the constables of the several ports within her Majesty's dominions nearest to the sea coasts where any such ship or vessel shall be in danger as aforesaid to summon and call together as many men as shall be thought necessary to the assistance and for the preservation of such ship or vessel so in distress as aforesaid and their cargoes; and that if there shall be All Ships to any ship or vessel, either man of war or merchant ship, belonging to her assist, Majesty or any of her subjects riding at anchor near the place where such ship or vessel is in distress or danger as aforesaid, the officers of the customs and constables above-mentioned or any of them are hereby empowered and required to demand of the superior officers of such ship or vessel so riding at anchor as aforesaid assistance by their boats and such hands as they can conveniently spare for the said service and pre supe to summon Ships in Dis tress. servation of the said ship or vessel so in distress as aforesaid; and that in on Forfeiture of case such superior officer of such ship or vessel riding at anchor as afore- 1007. said shall refuse or neglect to give such assistance, he shall forfeit for the same the sum of one hundred pounds, to be recovered by the rior officer of the said ship or vessel so in distress as aforesaid together with their costs of suit in any of her Majesty's courts of record by action of debt bill plaint or information, wherein no essoign wager of law or protection shall be allowed. II. And for the encouragement of such persons as shall give their as- Reasonable sistance to such ships or vessels so in distress as aforesaid, Be it further Salvage to be made. By 5 Geo. 1. c. 11. § 13. Goods saved from stranded ships are to pay Custom |