same matter in controversy shall have come in question. 2. And be it enacted, That no judge of any court of common pleas in this state, shall act as clerk of such court, or as attorney at law, or as counsellor in any cause in such court, in the county in which he is or shall be appointed a judge, any licence to practice, or any custom or usage to the contrary notwithstanding. 3. And be it enacted, That any challenge which shall be made by virtue of this act, shall be made and determined in manner directed [Rev. 254] by the third section of the act to which this is a supplement. Court to appoint a wreckmaster. AN ACT concerning Wrecks. Passed March 8, 1808. Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That it shall be lawful for the courts of common pleas in the several counties of this state bordering on the sea and bays, and they are hereby required at their first courts hereafter to be holden in and for the said counties, and each and every year thereafter, to appoint one or more discreet and proper person or persons, not a judge of the said court, as commissioners of wrecks in their respective counties, for the next ensuing year, who shall severally enter into bonds to the state of New-Jersey, with two or more good and sufficient sureties, to be approved of by the said court, in the See act of sum of twenty thousand dollars for the faithful 25th Feb. discharge of the duties of their office, and 1811. which bond shall be deposited in the secreta ry's office. And it shall be the duty of the clerks of the aforesaid county courts to make out a certificate under the seal of said court, for each commissioner appointed as aforesaid. Their duties Compen 2. And be it enacted, That it shall be the duty of the commissioners appointed as aforesaid, on application to them made, by or in behalf of any owner, supercargo or commander of any ship or other vessel, being stranded or in danger of being stranded, or in distress, to command any constable of the said county to summon as many men as shall be thought necessary to the assistance of such ship, vessel or cargoes, who are to be under the direction of the master, owner, supercargo, consignee, insurer or agent; and the said commissioner and all others who shall assist in preserving any ship or other vessel in distress, or their cargoes, shall be paid a reasonable reward, and in default thereof, the ship, vessel or goods, sation. shall remain in the custody of the commissioner until all reasonable charges be paid or security given for that purpose to the satisfaction of the parties: and in case the parties shall disagree touching the amount of the reward to be paid to the person employed, it shall be lawful for the commander of such vessel saved, or the owner of the goods, or any other person authorized or interested, to choose one indifferent person, being a freeholder, and also for the commissioner to nominate one other indifferent person, being a freeholder, who shall adjust and ascertain the same, and if they cannot agree, the two men so choscn, shall appoint one other indifferent person, being a freeholder, to assist them in the said adjustment, and the decision of any two of them, shall be binding U Further duties. to be taken. on all the parties, to be recoverable with costs in any court in this state, having competent jurisdiction of the same. 3. And be it enacted, That the commission. ers appointed as aforesaid, shall not take upon themselves any power or authority to advertise, or in any wise dispose of any ship, vessel or cargo, or any part thereof, where there is any owner, supercargo, consignee, insurer, agent or captain present, but in all things to aid and assist him or them as he or they may direct, and for such services such commissioner or commissioners shall be allowed a reasonable compensation. 4. And be it enacted, That every commissioner who shall aid and assist in saving any goods or other property, shall before the goods Inventory or other property is removed, make a true and perfect inventory of all the goods or other property that may be removed under his direction, which inventory shall describe, the marks and numbers upon the respective packages or casks, the kind of goods or liquors that they contain, when that can be ascertained, and the quantity as near as the same is practicable, and shall sign his name thereto, which inventory he shall carefully transcribe into a book by him to be kept for that purpose, which book shall be subject to be inspected by any owner, supercargo, consignee, insurer or com mander, or other person interested in the said goods or property, and shall also be laid before the court of common pleas of the county where the said commissioner was appointed at the term in which his commission expires for their inspection. 5. And be it enacted, That if any person besides those employed by the commissioners or one them, shall enter or endeavor to enter on board any vessel in distress or stranded, without leave of the captain, commanding of ficer, owner, or any other person authorised or interested, or in case any person shall molest them in saving such ship, vessel or goods, or shall wilfully deface the marks of any such goods before they are taken down in a book Penalties. by the commissioner or other person concerned, every such person shall forfeit and pay the sum of one hundred dollars, to be recovered with costs, by action of debt, in any court where the same may be cognizable, to the use and benefit of the owner of the ship, vessel or goods, as the case may be, and in case of failure to pay such forfeiture immediately or to give security to pay the same, within twenty days, he or they shall be committed to the county gaol, not exceeding six months. And in case any goods shall be found upon any person that were stolen or carried off from any Stealing ship, vessel, or vessel in distress or stranded, goods. the person upon whom such goods shall be found, shall upon demand, deliver the same to the owner or commissioner, or to such other person as shall be authorized by the owner or commissioner to receive such goods, and shall be liable to pay double the value thereof, with costs as aforesaid. cast on 6. And be it enacted, That should any vessel or other property be cast on shore within the vessels or limits of any of the aforesaid counties without property any person present to claim the same as owner, shore, how supercargo, consignee, insurer, agent or cap- to be takep tain, the commissioners, or one of them shall care of. take possession thereof, and after causing an inventory and record to be made as is prescribed in the fourth section of this act, he or they shall cause a true description of the marks, numbers and kinds of such goods and vessel to be advertised in one or more of the public newspapers in this state, and in one or more public newspapers when the value of the goods exceeds the sum of five hundred dollars, in the cities of New-York and Philadelphia, for the space of four weeks, and if no person shall claim the same, within twelve months, public sale shall be made thereof, but if perishable, the goods shall be sold after being advertised in two or more public places in said county, not less than five days nor more than twenty days as circumstances may require, and after all reasonable charges deducted, the residue of the money with an account of the whole, shall be transmitted by the commissioner, to the treasurer of this state, and the said treasurer shall make a record and keep an account of the same, for the benefit of the owner, who, upon proof of his property to the satisfaction of the commissioner, together with two justices, shall by their warrant or order receive the same, on paying to the treasurer one per cent for his trouble; and should no person claim the same within one year from the date of the advertisement, the same shall be for the use of the state. 7. And be it enacted, That when any person Stranded or persons shall find any stranded property on property. or near the sea, or bay-shore, or in any inlet, creek or sound, above the value of ten dollars, and no owner appearing to claim the same, he or they, shall, as soon as possible, give information thereof to the nearest commissioner, for which he shall be entitled to his reasonable charges, to be ascertained in manner before directed; and should any person finding stranded goods or other property as aforesaid, con, |