(1) In cases where the amount is not disputed, and payment thereof (3) In cases where the amount is disputed, and an appeal lies from The receiver may forthwith sell such ship, boat, cargo, apparel, or wreck, or a sufficient part thereof, and out of the proceeds of the sale, after payment of all expenses thereof, defray all sums of money due in respect of expenses, fees and salvage, paying the surplus, if any, to the owners of the property sold, or other the parties entitled to receive the same. 470. Subject to the payment of such expenses, fees, and salvage as aforesaid,(u) the owner of any wreck who establishes his claim thereto to the satisfaction of the receiver within one year from the date at which such wreck has come into the possession of the receiver, shall be entitled to have the same delivered up to him.(x) 476. Subject to the provisions of this Act, the High Court of Admiralty shall have jurisdiction to decide upon all claims whatsoever relating to salvage, whether the services in respect of which salvage is claimed were performed upon the high seas, or within the body of any county, or partly in one place and partly in the other, and whether the wreck is found at sea or cast upon the land, or partly in the sea and partly on land.(y) (u) Duties are payable if there be goods liable thereto; see ss. 499, 500 of the Act. (x) By 25 & 26 Vict. c. 63, s. 52, such delivery will discharge the receiver from all liability in respect of the wreck, but will not prejudice any question as to title (y) See 24 Vict. c. 10, s. 9, and 25 & Subject to High Court Board of Trade superintendents of wreck, with power to appoint re ceivers. Admiral not to interfere with wreck. Duty of receiver when any ship is stranded or in distress. § 753. THE procedure on inquiries into wrecks has been already dealt with. (a) With reference to the appointment and duties of receivers of wreck, (b) the following sections of the Merchant Shipping Act, 1854, (c) apply: 439. The Board of Trade shall throughout the United Kingdom have the general superintendence of all matters relating to wreck; and it may, with the consent of the Commissioners of Her Majesty's Treasury, appoint any officer of customs or of the coastguard, or any officer of Inland Revenue, or, when it appears to such Board to be more convenient, any other person, to be a receiver of wreck in any district, and to perform such duties as are hereinafter mentioned, and shall give due notice of every such appointment. (d) 440. No admiral, vice-admiral, or other person, under whatever denomination, exercising Admiralty jurisdiction, shall as such, by himself or his agents, receive, take, or interfere with any wreck except as hereinafter mentioned. 441. Whenever any ship or boat is stranded or in distress at any place or on the shore of the sea or of any tidal water within the limits of the United Kingdom, the receiver of the district within which such place is situate shall, upon being made acquainted with such accident, forthwith proceed to such place, and upon his arrival there he shall take the command of all persons present, and assign such duties to each person, and issue such directions, as he may think fit with a view to the preservation of such ship or boat, and the lives of the persons belonging thereto, and the cargo and apparel thereof; and if any person wilfully disobeys such directions, he shall forfeit a sum of not exceeding fifty pounds; but it shall not be lawful for such receiver to interfere between the master of such ship or boat and his crew in matters relating to the management thereof, unless he is requested so to do by such master. 442. The receiver may, with a view to such preservation as aforesaid (b) By 17 & 18 Vict. c. 104, s. 2, "Wreck" shall include jetsam, flotsam, lagan, and derelict, found in or on the shores of the sea or any tidal water. And see 31 & 32 Vict. c. 45, s. 21. As 752. (c) 17 & 18 Vict. c. 104. (d) See 17 & 18 Vict. c. 120, ss. 10-13. i of the ship or boat, persons, cargo, and apparel, do the following things: (that is to say) (1) Summon such number of men as he thinks necessary to assist him : (2) Require the master or other person having the charge of any ship or boat near at hand to give such aid with his men, ship, or boats as may be in his power: (3) Demand the use of any waggon, cart, or horses that may be near at hand: And any person refusing without reasonable cause to comply with any summons, requisition, or demand so made as aforesaid, shall for every such refusal incur a penalty not exceeding one hundred pounds; but no person shall be liable to pay any duty of assessed taxes in respect of any such waggon, cart, or horses by reason of the user of the same under this section. 443. All cargo and other articles belonging to such ship or boat as aforesaid, that may be washed on shore, or otherwise be lost or taken from such ship or boat, shall be delivered to the receiver; and any person, whether he is the owner or not, who secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the receiver, or to any person authorized by him to demand the same, shall incur a penalty not exceeding one hundred pounds; and it shall be lawful for such receiver or other person as aforesaid to take such cargo or article by force from the person so refusing to deliver the same. 444. Whenever any such accident as aforesaid occurs to any ship or boat, and any person plunders, creates disorder, or obstructs the preservation of such ship, boat, lives, or cargo as aforesaid, it shall be lawful for the receiver to cause such person to be apprehended, and to use force for the suppression of any such plundering, disorder, or obstruction as aforesaid, with power to command all Her Majesty's subjects to assist him in the use of such force; and if any person is killed, maimed, or hurt by reason of his resisting the receiver in the execution of the duties hereby committed to him, or any person acting under his orders, such receiver or any other person shall be free and fully indemnified as well against the Queen's Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt. exercise powers of 445. During the absence of the receiver from the place where any Certain such accident as aforesaid occurs, or in places where no receiver has officers to been appointed under this Act, the following officers in succession, each in the absence of the other, in the order in which they are named: receiver in his (that is to say) any principal officer of customs or of the coastguard, absence. or officer of Inland Revenue, and also any sheriff, justice of the peace, commissioned officer on full pay in the naval service of her Majesty, or commissioned officer on full pay in the military service of her Majesty, may do all matters and things hereby authorized to be done by the receiver, with this exception, that with respect to any goods or articles belonging to any such ship or boat, the delivery up of which to the receiver is herein before required, any officer so acting shall be considered as the agent of the receiver, and shall place the same in the custody of the receiver; and no person so acting as substitute for any receiver shall be entitled to any fees payable to receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled. 446. Whenever any such accident as aforesaid occurs to any ship or boat, all persons may, for the purpose of rendering assistance to such ship or boat, or saving the lives of the persons on board the same, or Power in case of a ship being in distress to pass over adjoining lands with carriages. Penalty on Power of receiver tó institute examination with respect to ships in distress. the cargo or apparel thereof, unless there is some public road equally convenient, pass and repass either with or without carriages or horses over any adjoining lands, without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on such lands any cargo or other article recovered from such ship or boat; and all damage that may be sustained by any owner or occupier in consequence of any such passing or repassing or deposit as aforesaid shall be a charge on the ship, boat, cargo, or articles in respect of or by which such damage was occasioned, and shall, in default of payment, be recoverable in the same manner as salvage is hereby made recoverable; and the amount payable in respect thereof, if disputed, shall be determined in the same manner as the amount of salvage is hereby in case of dispute directed to be determined. 447. If the owner or occupier of any land over which any person is hereby authorized to pass or repass for any of the purposes herein before mentioned does any of the following things: (that is to say) (1) Impedes or hinders any such person from so passing or repassing with or without carriages, horses, and servants, by locking his gates, refusing, upon request, to open the same, or otherwise however; (2) Impedes or hinders the deposit of any cargo or other article recovered from any such ship or boat, as hereinbefore mentioned; (3) Prevents such cargo or other article from remaining so deposited for a reasonable time, until the same can be removed to a safe place of public deposit; He shall for every such offence incur a penalty not exceeding one hundred pounds. 448. Any receiver, or in his absence any justice of the peace, shall, as soon as conveniently may be, examine upon oath (which oath they are hereby respectively empowered to administer) any person belonging to any ship which may be or may have been in distress on the coasts of the United Kingdom, or any other person who may be able to give any account thereof or of the cargo or stores thereof, as to the following matters: (that is to say) (1) The name and description of the ship; (2) The name of the master and of the owners; (3) The names of the owners of the cargo; (4) The ports or places from and to which the ship was bound; (5) The occasion of the distress of the ship; (6) The services rendered; (7) Such other matters or circumstances relating to such ship, or to the cargo on board the same, as the receiver or justice thinks necessary: And such receiver or justice shall take the examination down in writing, and shall make two copies of the same, of which he shall send one to the Board of Trade, and the other to the secretary of the committee for managing the affairs of Lloyd's in London, and such last-mentioned copy shall be placed by the said secretary in some conspicuous situation for the inspection of persons desirous of examining the same; and for the purposes of such examination every such receiver or justice as aforesaid shall have all the powers (e) given by the first part of this Act to inspectors appointed by the Board of Trade (ƒ). (e) See sect. 15 of the Act, ante § 46 n. (f) 39 & 40 Vict. c. 80, s. 31, gives a wreck commissioner the same powers with respect to instituting examinations as a receiver has under this section. § 754. When wreck is found the following statutory requirements must be complied with: 450. The following rules shall be observed by any person finding or Rules to be taking possession of wreck within the United Kingdom: (that is to say) observed by (1) If the person so finding or taking possession of the same is the persons findowner, he shall as soon as possible give notice to the receiver ing wreck. of the district within which such wreck is found, stating that he has so found or taken possession of the same; and he shall describe in such notice the marks by which such wreck is distinguished; (2) If any person not being the owner finds or takes possession of any wreck, he shall as soon as possible deliver the same to such receiver as aforesaid: And any person making default in obeying the provisions of this section shall incur the following penalties: (that is to say) (3) If he is the owner and makes default in performing the several He shall forfeit all claim to salvage;(g) He shall pay to the owner of such wreck, if the same is He shall incur a penalty not exceeding one hundred pounds. 451. If any receiver suspects or receives information that any wreck is secreted or in the possession of some person who is not the owner thereof, or otherwise improperly dealt with, he may apply to any justice of the peace for a warrant, and such justice shall have power to grant a warrant, by virtue whereof it shall be lawful for the receiver to enter into any house or other place wherever situate, and also into any ship or boat, and to search for, and to seize and detain any such wreck as aforesaid there found; and if any such seizure is made in consequence of information that may have been given by any person to the receiver, the informer shall be entitled by way of salvage to such sum not exceeding in any case five pounds as the receiver may allow. Power for receivers to seize con cealed wreck. Notice of wreck to be receiver. 452. Every receiver shall within forty-eight hours after taking possession of any wreck cause to be posted up in the custom house of the port nearest to the place where such wreck was found or seized a de- given by scription of the same and of any marks by which it is distinguished, and shall also, if the value of such wreck exceeds twenty pounds, but not otherwise, transmit a similar description to the secretary of the committee of Lloyd's aforesaid; and such secretary shall post up the description so sent, or a copy thereof, in some conspicuous place, for the inspection of all persons desirous of examining the same. of small value 453. In cases where any wreck in the custody of any receiver is Goods deemed under the value of five pounds, or is of so perishable a nature or so perishable or much damaged that the same cannot, in his opinion, be advantageously may be sold kept, or if the value thereof is not sufficient to defray the charge of immediately. warehousing, the receiver may sell the same before the expiration of (g) This does not apply to salvors who have found a derelict vessel and restored her to her owners; The Zeta, L. R. 4 Ad. 460; nor to a person who takes possession |