Captain, master, &c.wilfully cast

ing away or burning, &c. any ship, shall

suffer death.

Any owner, &c.

"burn, or otherwise destroy the ship unto which he belongeth, or procure the same to be done, he shall suffer death as a "felon."

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+ Sect. 2. By 1 Ann. st. 2. c. 9. s. 4. IT IS ENACTED, 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, to the prejudice of the owner or owners thereof, or of any "merchant or merchants that shall load goods thereon, he shall "suffer death as a felon."

wilfully destroy- " ing any ship to prejudice the insurers, shall suffer death.

+ Sect. 3. By 4 Geo. 1. c. 12. s. 3. IT IS ENACTED, "That if any owner of, or captain, master, mariner, or other officer belonging to any ship shall wilfully cast away, burn, or otherwise destroy the ship of which he is owner, or unto which he belongeth, or in any manner or wise direct or procure the same "to be done, to the prejudice of any person or persons that shall "underwrite any policy or policies of insurance thereon, or of "any merchant or merchants that shall load goods thereon, he "shall suffer death."

"That

+ Sect. 4. By 11 Geo. 1. c. 29. s. 6. IT IS REcited, whereas some doubts have arisen touching the nature of the offence provided against by the said recited act, and the trial and punishment to be had and inflicted for the same," it is therefore ENACTED, "That if any owner of, or captain, master, officer, or "mariner belonging to any ship or vessel, shall wilfully cast away, "burn, or otherwise destroy, the ship or vessel of which he is 66 owner, or to which he belongeth, or in any wise direct or procure the same to be done, with intent or design to prejudice any person or persons that hath or shall underwrite any policy "or policies of insurance thereon, or of any merchant or merchants "that shall load goods thereon, or of any owner or owners of "such ship or vessel, the person or persons offending therein "being thereof lawfully convicted, shall be deemed and adjudged a felon or felons, and shall suffer as in cases of felony without "benefit of clergy."

Sect. 5. It hath been determined, on an indictment against two persons as principals and another as accessary before the fact, for unlawfully burning and destroying a ship, that if it appear that the person charged as accessary was neither owner, master, captain, nor mariner of the vessel burned, he is not an offender within the above statutes.

At the Admiralty sessions, in October, 1802, G. Easterby and W. Macfarlane were convicted, as accessaries before the fact, of procuring the brig Adventure to be feloniously lost upon the high seas. It appeared that they concerted the loss of the ship with the master, Codlin, who effected it; but that neither Easterby nor Macfarlane was on board the ship at sea, within the jurisdiction of the Admiralty. The court, upon a case reserved, held the trial improper before the court of Admiralty, and the parties were pardoned. (Addenda to East, P. C. xxvii.)

Upon

Upon the construction of the acts of 4 and 11 Geo. 1. it has been ruled that if a ship be only run aground or stranded upon a rock, and be afterwards got off in a condition capable of being easily refitted, she cannot be said to be cast away or destroyed, and therefore is not within either of these statutes. Upon this distinction, Augustin de Lindo, the master of a Spanish vessel called El Principe de Espana, was acquitted at an Admiralty sessions, holden before Sir Thomas Salusbury, and Yates and Aston, Justices. E. P. C. p. 1098.

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Plundering and Injuring Shipwrecks.

house officers to

By 12 Ann. st. 2. c. 18. s. 1. it is enacted, "That the sheriffs, Sheriffs, justices of the peace of every county, or county of a city or mayors, &c. "town, and also all mayors, bailiffs, and other head officers of and customcorporations and port-towns near adjoining to the sea, and all summon men to "constables, head boroughs, tythingmen, and officers of the cus- assist ships in "toms in all and every such places, shall, upon application made distress. "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, are hereby empow"ered 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 any ship or vessel, either man of war

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"or merchant's ship, belonging to her majesty, or any of her All ships to subjects, riding at anchor near the place where such ship or assist,

cr

"vessel is in distress or danger as aforesaid, the officers of the

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"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 conve"niently spare, for the said service and preservation of the said ship or vessel so in distress as aforesaid; and that in case such superior officer of such ship or vessel riding at anchor as afore"said, shall refuse or neglect to give such assistance, he shall "forfeit for the same the sum of one hundred pounds, to be re- on forfeiture of "covered by the superior officer of the said ship or vessel so in 100%. "distress as aforesaid, together with their costs of suit, in any of "her majesty's courts of record, by action, debt, bill, plaint, or "information, wherein no essoin, wager of law, or protection "shall be allowed."

+ Sect. 2. By 12 Ann. st. 2. c. 18. s. 5. it is further enacted, Making holes in "That if any person or persons shall make, or be assisting in the ship, &c. "the making, any hole in the bottom, side, or any other part of felony. "any ship or vessel so in distress as aforesaid, or shall steal any pump belonging to any ship or vessel so in distress as aforesaid, "or shall be aiding or abetting in the stealing such pump as aforesaid, or shall wilfully do any thing tending to the imme"diate loss or destruction of such ship or vessel, such person or

"0 persons

Persons convicted of plundering shipwrecked goods, &c. to suffer death.

Where goods of small value be stolen, petit larceny.

Where oath shall be made

of plunder, &c. contrary to

12 Ann. st. 2.

mination be delivered to clerk

"persons shall be and are hereby made guilty of felony without "benefit of his, her, or their clergy."

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+ Sect. 3. By 26 Geo. 2. c. 19. it is enacted, "That if any " person or persons shall plunder, steal, take away or destroy any goods, or merchandizes, or other effects, from or belonging to any ship or vessel of his majesty's subjects, or others, which "shall be in distress, or which shall be wrecked, lost, stranded, or cast on shore in any part of his majesty's dominions (whether any living creature be on board such vessel or not), or any of "the furniture, tackle, apparel, provision, or part of such ship or "vessel; or shall beat or wound with intent to kill or destroy, "or shall otherwise wilfully obstruct the escape of any person "endeavouring to save his or her life from such ship or vessel, or the wreck thereof; or if any person or persons shall put "out any false light or lights with intention to bring any ship or "vessel into danger; then such person or persons so offending "shall be deemed guilty of felony, and being lawfully convicted thereof, shall suffer death as in cases of felony without benefit "of clergy."

Sect. 4. By 26 Geo. 2. c. 19. s. 2. it is provided, “That "when goods or effects of small value shall be stranded, lost, or "cast on shore, and shall be stolen without circumstances of cruelty, outrage, or violence; then and in such cases it shall be "lawful for any person or persons to prosecute for such offence "by way of indictment for petit larceny; and the offenders being "thereof lawfully convicted, shall suffer such punishment as the "laws in cases of petit larceny do enjoin or require."

+ Sect. 5. By 26 Geo. 2. c. 19. s. 8. it is enacted, "That if "oath shall be made before any magistrate, lawfully empowered "to take the same, of any such plunder or theft, and the exami"nation in writing thereupon taken shall be delivered to the c. 18. and exa" clerk of the peace of the county, riding, or division wherein "such fact shall be committed, or to his deputy; or if oath shall of the peace, he "be made before any such magistrate of the breaking any ship, is to prosecute." contrary to the aforesaid act made in the twelfth year of the "reign of her said late majesty queen Anne, and the examination "in writing thereupon taken shall be delivered to such clerk of "the peace or his deputy; then such clerk of the peace shall cause the offender or offenders in any the said cases to be "forthwith prosecuted for the same, either in the county where "the fact shall be committed, or in any county next adjoining; " in which adjoining county any indictment may be laid by any "other prosecutor; and if the fact be committed in Wales, then "the prosecution shall or may be carried on in the next adjoining English county; and the necessary charges of such prose"cutions by the clerk of the peace shall be paid by the treasurer "of the county, riding, or division where the fact shall be com"mitted, to such amount as the justices of the peace in their "general or quarter-sessions shall order and ascertain the same; "and if such clerk of the peace shall neglect or refuse to carry " on such prosecution in due manner, he shall forfeit one hundred pounds for every such offence, to any person or persons who

" together

"shall sue for the same, by action of debt, bill, plaint, or infor"mation, in any of his majesty's courts of record at West"minster; in which action no essoin, protection, wager of law, or more than one imparlance shall be allowed."

12 Ann. st. 2.

+ Sect. 6. By 26 Geo. 2. c. 19. s. 9. it is further enacted, Officers for put"That the commissioners of the land-tax, the deputy-sheriff, the ting this and coroners of excise in each county, riding, and division, shall be c. 18. in execu66 proper officers for putting in execution this present act made tion.

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in the twelfth year of the reign of her late majesty queen Anne,

"together with those therein respectively named for that purpose."

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12 Ann. in exe

Ports, &c.

+ Sect. 7. By 26 Geo. 2. c. 19. IT IS RECITed, "That by an 3 Geo. 2. c. 15. act made in the third year of his late majesty King George the First (intituled, An act for the better regulating of pilots, for the conducting of ships and vessels from Dover, Deal, and the isle of Thanet, up the river of Thames and Medway), it is enacted, that the lord warden of the Cinque Ports for the time being shall nominate and appoint, by an instrument 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, within the space of twelve hours, differences which shall or may arise within the jurisdiction of the Cinque Ports, relating to the salvage of anchors and cables, from which vessels shall or may be forced by extremity of weather," and hereby ENACTED, "That Officers for put"the lord warden of the Cinque Ports for the time being, and ting this and "the lieutenant of Dover-castle for the time being, and the cution within deputy warden of the Cinque Ports for the time being, and the liberty of "the judge official and commissary of the court of admiralty of the Cinque "the Cinque Ports, two ancient towns, and the members thereof, "for the time being, and all and every of them, and all and every "other person and persons appointed or to be appointed by the "lord warden of the Cinque Ports for the time being, pursuant "to the said act made in the third year of his late majesty's "reign, shall be the persons to put in execution, within the "liberty and jurisdiction of the Cinque Ports, two ancient towns, " and their members, all the powers and authorities given and granted in and by this act, and in and by the before mentioned "act of parliament made in the twelfth year of her said late majesty queen Anne; and also in and by the said act made in "the fourth year of the reign of his late majesty King George "the First; and also shall and may execute, perform, and do, within the jurisdictions aforesaid, all the acts, matters, and things contained in this and the before mentioned statutes, in "like and as full and ample manner, to all intents and purposes, as any justice or justices of peace, or any other person or per"sons, are by this and the said acts appointed or authorised to do in any other part of the kingdom."

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+ Sect. 8. It hath been decided, that an offence against these statutes committed in Anglesea, may be tried in Shropshire, as the next adjoining English county to Anglesea.

Rex v. Parry and Roberts, Salop Summer

assizes, 1774, in a case reserved.

+ Sect. 9. By 33 Geo. 3. c. 67. s. 5. (made perpetual by Seamen, &c. wilfully setting 41 Geo. 3. c. 19.) it is enacted, "That if any seaman or seamen, fire to any ship, "keel- to suffer death;

and destroying or damaging them by any

other means, to be transported.

Prosecutions to be commenced within a year.

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"keelman or keelmen, caster or casters, ship carpenter or ship "carpenters, or other person or persons, shall wilfully and maliciously burn or set fire to any ship, keel, or other vessel, every person so offending, and being thereof lawfully convicted, in any court of oyer and terminer, to be holden in and for the county, shire, riding, division, or district wherein the offence "was committed, shall be adjudged guilty of felony without "benefit of clergy, and shall suffer death as in cases of felony "without benefit of clergy."

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Sect. 10. By 33 Geo. 3. c. 67. s. 6, it is further enacted, "That if any seaman or seamen, keelman or keelmen, caster or "casters, ship carpenter or ship carpenters, or other person or persons, shall wilfully and maliciously destroy or damage any ship, keel, or other vessel, (otherwise than by fire,) every sea"man, keelman, caster, ship carpenter, and other person so offending, and being thereof lawfully convicted upon any "indictment to be found against him, her, or them, in any court "of oyer and terminer, or general or quarter-sessions of the peace "to be holden respectively in and for the county, shire, riding, "division, or district wherein the offence was committed, shall "be adjudged guilty of felony, and shall be transported to some "of his majesty's dominions beyond the seas, for any space of "time or term of years not exceeding fourteen years, nor less "than seven years.'

Sect. 11. By 33 Geo. 3. c. 67. s. 8. it is provided, "That no person or persons shall be prosecuted by virtue of this act, "for any of the offences aforesaid, unless such prosecution be commenced within twelve calendar months after the offence "committed."

By 1 and 2 Geo. 4. c. 75. s. 11. "If any person or persons "shall wilfully cut away, cast adrift, remove, alter, deface, sink or "destroy, or shall do or commit any act with intent and design to "cut away, cast adrift, remove, alter, deface, sink or destroy, or in "any other way injure or conceal, any buoy, buoy rope or mark "belonging to any ship or vessel, or which may be attached to any "anchor or cable, belonging to any ship or vessel whatever, "whether in distress or otherwise, such person or persons so of"fending shall, on being convicted of such offence, be deemed and adjudged to be guilty of felony, and shall be liable to be trans"ported for any term not exceeding seven years; or, in mitigation "of such punishment, to be imprisoned for any number of years, "at the discretion of the court in which the conviction shall be "made."

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"If any person shall, knowingly and wilfully, and with intent "to defraud and injure the true owner or owners thereof, or any person interested therein as aforesaid, purchase or receive any anchors, cables, or goods or merchandize which may have been "taken up, weighed, swept for, or taken possession of, whether "the same shall have belonged to any ship or vessel in distress "or otherwise, or whether the same shall have been preserved "from any wreck, if the directions hereinbefore contained with regard to such articles shall not have been previously complied