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424
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LAWS OF MARYLAND.— 1799.
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owners of the vessel or goods, as the case may be, and in case of
failure to pay such forfeiture Immediately, or giving security to
pay the same within one month, he, she or they, shall receive
not exceeding thirty-nine lashes on his, her or their bare back,
by order of such court; it shall be lawful for any commanding
office of a vessel in distress, or the wreck-master, to repel by
force any persons who shall, without consent as aforesaid, press
on board any vessel in distress, and thereby molest them in
preserving the vessel or goods ; and in case any goods shall be
found upon any person that were stolen or carried off from any
vessel in distress, the person on whom such goods be found,
shall, upon demand, deliver the same to the owner or wreck-
master, or to such other person as shall be authorized by the
wreck-master or owner to receive such goods, or shall be liable
to pay four times the value, to be recovered, with costs, in any
court of record ; if any person shall make, or be assisting in
making, a hole in any vessel in distress, or steal any pump,
materials or goods, or shall be aiding in stealing such pump,
materials or goods, from any vessel, or shall wilfully do any
thing tending to the immediate loss of such vessel, such person
shall be guilty of felony, and suffer death without benefit of
clergy.
See 1809, ch. 138.
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Penalty for
being guilty
of fraud,
&c.
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SEC. 3. And be it enacted, That if any wreck-master shall,
by fraud or wilful neglect, abuse the trust reposed in him, he
shall, upon conviction thereof, forfeit and pay four times the
damages to the party aggrieved, to be recovered, with costs, by
action on the case, in any court of record, and shall thenceforth
be incapable of acting as a wreck-master ; any constable, or
person summoned by him, refusing or neglecting to give the
assistance required for the saving of any vessel, or the cargo,
shall forfeit and pay, to the use of Worcester county, the sum
often pounds, to be recovered before any justice by the wreck-
master ordering the duty, and shall be moreover subject to the
payment of the same damages, and to be recovered by the party
aggrieved in the same manner, as in case of a wreck-master ;
the wreck- master shall set up a copy of this act once in every
year in the court-house of the said county.
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Proviso.
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SEC. 4. Provided always, and be it enacted, That the wreck-
master appointed by virtue of this act shall give bond and secu-
rity, in the court, of the county where he resides, in the sum of
one thousand pounds, for the due and faithful execution of his
office ; and that it shall not be lawful for such wreck-master to
enter upon the duties of his office before he gives bond and
security as aforesaid.
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