TIT. 180.

formation

4. And it shall and may be lawful for any justice of the peace, on information upon oath, of any part of a cargo or effects of any vessel lost or stranded on or near the sea coasts, being un- A. A. 1783. lawfully conveyed or concealed, or of some cause or reasonable P. L. 320-1. suspicion thereof, to issue his warrant for searching for such Justice of the goods or effects, as in cases of stolen goods; and if the same peace on in be found in any house or other place, or in the possession of any person not legally authorized to have the same; and the that goods of upon oath, person in whose possession the same shall be found, shall not immediately upon demand deliver the same to the owner or stranded, person lawfully authorized to receive them, he or she shall forfeit and pay to the owner or owners of such goods, his or their agent or attorney, treble the value for such refusal.

any vessel

are concealed,

shall issue a

warrant to search for

them, and if found, and the person with whom found shall not deliver them to the owner, he shall pay treble the value.

5. And any person discovering where any such goods are Person discowrongfully bought, sold, or concealed, so that the owner, his vering where agent or attorney, shall regain them, he or she shall be enti- goods are contled to a reasonable salvage not exceeding twenty-five per fed to a salcealed, enticent. on the value, to be adjusted by the next neighbouring justice of the peace, who is hereby required to adjust the

Same.*

in

vage,

sel which is

6. If any person or persons shall offer or expose to sale any If any person goods or effects whatsoever belonging to any ship or vessel offers for sale lost, stranded, or cast on shore as aforesaid, and unlawfully goods belongtaken away, or reasonably suspected to have been; then and ing to a vesevery such case, it shall be lawful for the person or per- lost, the goods sons to whom the same shall be so offered for sale, or any jus- may be seiztice of the peace, or officer of militia, to stop and seize the ed, &c. said goods and effects, and if the person or persons who shall have offered the said goods and effects to sale, or some other person in his or her behalf shall not within ten days next after such seizure, make out to the satisfaction of such justice of the peace, that they became honestly possessed of them, then the said goods and effects, shall by order of the said justice be forthwith delivered over to and for the use of the owner thereof, on proof of his claim, and the payment of a reasonable reward not exceeding five per cent. on the value for such seizure (to be ascertained by the said justice) to the person who shall seize the same. And he, she, or they, who offered such goods and effects for sale as aforesaid, shall forfeit and pay to the owner or owners twice the value of such goods, to be recovered according to law.f

7. In case any person or persons, not employed by the mas- Persons not ter, mariners, or owners, or other persons lawfully authorized, employed by

See Justices of Peace, and A, A. Feb. 1791.

It is understood that in a late decision of the district court of SouthCarolina, (his honour judge Drayton presiding) it was adjudged, that justices of peace have no authority under this act to award salvage-the same being incompatible with the constitution and laws of the United

† See State Constitution, Art. 9. § 2. and Constitution of United States, Art. 1. § 8.

A. A. 1783. P. L. 321. ( the master,

TIT. 180. in the salvage of any ship or vessel, or the cargo, or provision thereof, shall in the absence of the master or mariners, or owners, save any such ship, vessel, goods or effects, and cause the same to be carried for the benefit of the owners into any port, inlet or place of safety within this state, imme&c. saving any diately giving notice thereof to a custom house officer, justice give notice to peace, or militia officér, such person or persons shall be entitled to a reasonable salvage for such services, to be paid house officer, by the masters or owners of such vessel or goods; and in case &c. and be en- of disagreement about the quantum of such salvage, the same to be adjusted by one or more neighbouring justices of the peace, not exceeding three.*

a custom

titled to a salvage.

when any ves, sel is strand

ed.

of

The duty of 8. When any ship or vessel, or effects, shall be stranded justices of the on any part of the coasts of this state, or upon any applicapeace and mi- tion of the commander of any ship or vessel stranded to any litia officers justice of the peace or militia officer, such justice, or militia officer, or the nearest justice or militia officer to the place where any vessel goods, or effects shall be stranded or cast away, shall forthwith give public notice for a meeting to be held as soon as possible of any two justices of the peace, and militia officers, and such a party of the militia as may be necessary; and such justices of the peace, or militia officer or officers, are hereby required and empowered to give aid in the execution of this act, and to employ proper persons for the saving such vessels in distress, or such vessels, goods or effects as shall be stranded or cast away, and also to examine persons upon oath touching or concerning the same, or the salvage thereof, and to adjust the quantum of such salvage, and distribute the same among the persons concerned in the salvage, in case of disagreement among the parties, or the said persons; and every such justice of peace, or militia offiance for their cer, attending and acting for the preservation of any such vessel or goods, shall be paid three dollars per day for his trouble, out of the vessel, goods or effects saved by their care or discretion.*

Their allow

trouble.

Any person

in the sav

ing a ves

9. If any justice of the peace, militia officer or other perassaulted, &c. son acting in the preservation or salvage of any vessel, goods, or effects, shall be assaulted, beaten or wounded, every person or persons so assaulting, beating or interrupting, shall upon conviction thereof before the court of sessions, receive such punishment, not extending to life or limb, as the said court in their discretion shall award.

sel, the person guilty of

assaulting

may be punished on conviction.

The duty of justices of the peace, &c.

10. If any ship or vessel, goods or effects, shall be stranded, or cast on shore, and no person appears to claim the goods which shall be so saved, two or more neighbouring justices of the peace, or militia officers, shall take the same into their custody or possession, and as soon as may be, give notice and schedule in writing of the different articles, (such justice keeping a copy thereof) to the collector of the customs, and saved, and no deliver safely all such goods and effects to the said collector

where goods

are cast on shore and

person ap

* See State Constitution, Art. 9. § 2. and Constitution of United States, Art. 1. §. 8.

1

or his order, who shall be responsible for the same, and who TIT. 180. shall give public notice thereof in the gazettes of this state for at least eight months if no claim should be made; and if A. A. 1783. such goods be not claimed within twelve months after such P. L. 321. delivery to the collector as aforesaid, they are to be publicly pears to claim sold, (or if the goods be perishable, to be sold forthwith) and after deducting reasonable charges, the residue shall be lodg ed in the public treasury, subject to the claim of the proprietor, his agent or attorney.*

them.

11. If any person or persons not empowered, shall enter, Persons enter or try to enter forcibly on board any vessel or ship stranded ing forcibly or cast away, or in distress, or molesting the preservation any ship. thereof, he or they may be repelled by force. And if any stranded, &c. person or persons shall carry away or secrete, any goods and may be repelled, and seeffects saved as aforesaid, such person or persons shall forfeit creting any and pay treble the value, to be recovered by the owner of goods, forfeit such goods, or his agent, in any court of record in this state.† treble their

value.

TITLE 181.

Writ of Enquiry.

TIT. 181.

1. AND whereas there is but one return day at each court of common pleas, so that a writ of enquiry cannot be executed the same court; which proves to be a great delay and A. A. 1720. charge to the client: Be it therefore enacted, That at the same P. L. 109. court the interlocutory judgment is obtained, the jury ser. At the same ving at the same court shall be summoned immediate, to court the interlocutory try the several damages upon the several writs of enquiry injudgment is tended to be executed in that court, and give in their verdict obtained, the thereon, any law, usage, or custom to the contrary notwith- jury shall enstanding: Provided nevertheless, That execution be stayed for quire of the thirty days exclusive, next after the execution of such writs damages. of enquiry.

2. And to prevent unnecessary suits in equity, where bonds A. A. 1792. are given conditioned for performance of covenants, or for 1 Faust 213. the delivery of property, or for things other than the payment

of money:

Be it further enacted, That the plaintiff may in all such Conditions of cases before he takes out his execution (and the defendant bonds, for permay by rule of court compel him thereto) submit the condi- formance of tion of such bonds and the special circumstances to a jury, covenants, &c. in like manner as on a writ of enquiry, which jury may assess may be enqui and fix the debt or damages actually due, and the execution law after for shall be levied accordingly: Provided always, That the judg- feiture. ment for the penalty shall stand as a security for the sum so assessed by the jury, together with the costs of suit.

See State Constitution, Art. 9. § 2. and Constitution of United

States, Art 1. § 8.

This act is nearly copied from the Stat. 26 Geo. 2. c. 19.

red into at

TIT. 182.

A. D. 1503.

c. 20.

P. L. 44. Where the defendant

tiff.

TITLE 182.

Writ of Error.

1. PRAYEN the commons in this present parliament as sembled, That where at a parliament holden at Westminster in the third year of the reign of our sovereign lord the king St. 19 Hen. 7. that now is, by the advice of lords spiritual and temporal, and the commons, in the same parliament assembled, and by authority of the same, it was enacted, ordained, and established, among other things, that if any defendant or tenant, defendsues out, costs ants or tenants, or any other that shall be bound by any judgto be awarded ment, sue afore execution had, any writ of error to reverse to the plain any such judgment in delaying of execution of the party, that then if the same judgment be affirmed good in the said writ of error, and not erroneous, or that the said writ of error be discontinued in the default of the party, or the person or persons that sueth the writ or writs of error be nonsuited in the same, that then the said person or persons, against whom the said writ of error is so sued, shall recover his costs and damages for his delay and wrongful vexation in the same, by discretion of the justices afore whom the said writ of error is sued: which act or ordinance hath not been as yet duly pat in execution, by reason whereof, as well plaintiffs as demandants, in divers actions by them sued sith the making of the said statute, have been oftentimes delayed of their execution, to their great and importable hurt, loss, and charges: Wherefore the king by the advice of the lords spiritual and temporal, and the commons, enacteth, that the said act made the third year of his reign, concerning the premises, be good and effectual, and that from henceforth it be duly put in execution.

A. D. 1673.

13 C. 2. c. 2.

P. L. 77.
Execution not

to be staid or

delayed by writ of error.

2. And whereas by an act of parliament made in the third year of the reign of our late sovereign lord king James of blessed memory, a very good law was made for avoiding unnecessary delays of execution,* whereby it is enacted, that no execution shall be stayed or delayed upon or by any writ of error or supersedeas thereupon to be sued for the reversing of any judgment to be given in any action or bill of debt, upon any single bond for debt, or upon any obligation with condition for payment of money only, or upon any action or bill of debt for rent, or upon any contract sued in any of his highness courts of record at Westminster, or in the counties palatine of Chester, Lancaster or Durham, or in his highness courts of great sessions in any of the twelve shires of Wales, unless such person or persons, in whose name or names such

* The Stat. 3 Jac. 1. c. 8. See 3 Ruffhead's Statutes at large 52. This statute was made perpetual by 3 Car. 1. c. 4. and 16 & 17 Car. 2. c. 8.

P. Lo 77.

writ of error shall be brought, with two sufficient sureties, TIT. 182. such as the court wherein such judgment is or shall be given, shall allow of, shall first before such stay made, or superse- A. D. 1673. deas to be awarded, be bound for the party for whom any such 13 C. 2. c. 2. judgment was or should be given, by recognizance to be acknowledged in the same court, in double the sum adjudged to be recovered by the said former judgment, to prosecute the said writ of error with effect, and also to satisfy and pay (if the said judgment shall be affirmed) all and singular the debts, damages and costs adjudged or to be adjudged upon the former judgment, and all costs and damages to be also awarded for the same delaying of execution; which law hath been found by experience to be very good and beneficial to the commonwealth. [See Title 7, Amendment.-Title 75, Execution.]