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persons, or of the cargo or apparel of the vessel, the Receiver may cause that person to be apprehended.
(2) The Receiver may use force for the suppression of any such plundering, disorder, or obstruction, and may command all His Majesty's subjects to assist him in so using force.
(3) If any person is killed, maimed, or hurt by reason of his resisting the Receiver or any person acting under the orders of the Receiver in the execution of the duties in this Ordinance committed to the Receiver, neither the Receiver nor the person acting under his orders shall be liable to any punishment, or to pay any damages by reason of the person being so killed, maimed, or hurt.
26. (1) Where a Receiver appointed by the Governor is not Who to act present, or from any cause whatever is incapacitated from performing in absence the duties of his office, the following officers or persons in succession (each in the absence of the other, in the order in which they are named), that is to say, the Commissioner of the District, any officer of Customs not being below the rank of Supervisor, any commissioned officer on full pay in the naval service of His Majesty, any commissioned officer on full pay in the military service of His Majesty, or any officer of police above the rank of Inspector, may do anything by this Ordinance authorized to be done by the Receiver.
(2) An officer acting under this section for a Receiver shall, with respect to any goods or articles belonging to a vessel the delivery up of which to the Receiver is required by this Ordinance, be considered as the agent of the Receiver, and shall place the same in the custody of the Receiver; but he shall not 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.
27.-(1) Where any ship, British or foreign, is or has been in Examination with respect distress on the coast of the Colony, a Receiver shall, as soon as to ships in conveniently may be, examine on oath (which oath he is hereby empowered to administer) any person belonging to the ship, 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:
(a) The name and description of the ship;
(b) The names of the master and of the owners;
(c) The names of the owners of the cargo;
(d) The ports from and to which the ship was bound;
(e) The occasion of the distress of the ship;
(f) The services rendered;
(g) Such other matters or circumstances relating to the ship or to the cargo on board the same as the Receiver thinks
(2) The Receiver shall take the examination down in writing and shall send one copy thereof to the Governor.
Provision as to wreck
found in the colony.
Penalty for taking wreck
at time of
Notice of wreck to be
given by Receiver.
(3) For the purpose of such examination the Receiver shall have all the powers given in Section 6 of this Ordinance to principal officers of Customs, and shall be deemed to be an officer under Section 7 of this Ordinance.
Dealing with Wreck.
28. Where any person finds or takes possession of any wreck within the limits to which this Ordinance applies, he shall— (a) If he is the owner thereof, give notice to the Receiver of the district stating that he has found or taken possession of the same and describing the marks by which the same may be recognized;
(b) If he is not the owner thereof, as soon as possible deliver the same to the Receiver of the district;
and if he fails, without reasonable cause, to comply with the provisions of this section, he shall, for each offence, be liable to a fine not exceeding one hundred pounds, and shall, in addition, if he is not the owner, forfeit any claim to salvage, and shall be liable to pay to the owner of the wreck, if it is claimed, or, if it is unclaimed, to the person entitled to the same, double the value thereof, to be recovered in the same way as a fine of a like amount under this Ordinance.
29. (1) Where a vessel is wrecked, stranded, or in distress at any place on or near the coast of the Colony or any tidal water within the limits to which this Ordinance applies, any cargo or other articles belonging to or separated from the vessel, which may be washed on shore or otherwise lost or taken from the vessel, shall be delivered to the Receiver.
(2) If any person, whether the owner or not, secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the Receiver or any person authorized by him to demand the same, that person shall for each offence be liable to a fine not exceeding one hundred pounds.
(3) The Receiver or any person authorized as aforesaid may take any such cargo or article by force from the person so refusing to deliver the same.
30. Where a Receiver takes possession of any wreck he shall, within four days
(a) Cause to be posted in the custom house nearest to the place where the wreck was found or was seized by him a description thereof and of any marks by which it is distinguished; and
(b) If, in his opinion, the value of the wreck exceeds twenty pounds, also transmit a similar description to the secretary of Lloyd's in London and to the agent of Lloyd's in the district.
31. The owner of any wreck in the possession of the Receiver, Claims of upon establishing his claim to the same to the satisfaction of the owners Receiver within one year from the time at which the wreck came into the possession of the Receiver, shall, upon paying the salvage, fees, and expenses due, be entitled to have the wreck or the proceeds thereof delivered up to him.
32. A Receiver may at any time sell any wreck in his custody Immediate if in his opinion—
(a) It is under the value of five pounds; or
(b) It is so much damaged or of so perishable a nature that it cannot with advantage be kept; or
(c) It is not of sufficient value to pay for warehousing;
and the proceeds of the sale shall, after defraying the expenses thereof, be held by the Receiver for the same purposes and subject to the same claims, rights, and liabilities as if the wreck had remained unsold.
sale of wreck by Receiver in certain
33. Where no owner establishes a claim to any wreck found Disposal of within the limits to which this Ordinance extends and in the session of a Receiver, within one year after it came into his possession, the Receiver shall sell the same and shall pay the proceeds of the sale (after deducting therefrom the expenses of the sale, and any other expenses incurred by him, and his fees, and paying thereout to the salvors such amount of salvage as the Governor may in each case, or by any general rule, determine) to the Treasurer of the Colony to be dealt with in such manner as the Imperial Treasury may direct.
Receiver not to prejudice
34. Upon delivery of wreck or payment of the proceeds of the Delivery of sale of wreck by a Receiver, in pursuance of the provisions of this unclaimed Ordinance, the Receiver shall be discharged from all liability in respect thereof, but the delivery thereof shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck, or concerning the title to the soil of the place on which the wreck was found.
Offences in respect of Wreck.
35. If any person takes into any foreign port any vessel, Taking wreck stranded, derelict, or otherwise in distress, found on or near the to foreign coast of the Colony or any tidal water within the limits to which this Ordinance extends, or any part of the cargo or apparel thereof, or anything belonging thereto, or any wreck found within those limits, and there sells the same, he shall, on conviction, be liable
Interfering with wrecked vessel or wreck.
Summary procedure for
concealment of wreck.
to imprisonment with hard labour for a term not less than three years and not exceeding five years.
36.-(1) A person shall not without leave of the master board, or endeavour to board, any vessel which is wrecked, stranded, or in distress, unless that person is, or acts by command of, the Receiver or a person lawfully acting as such, and if any person acts in contravention of this enactment, he shall for each offence be liable to a fine not exceeding fifty pounds, and the master of the vessel may repel him by force.
(2) A person shall not
(a) Impede or hinder, or endeavour in any way to impede or hinder, the saving of any vessel stranded or in danger of being stranded, or otherwise in distress on or near any coast of the Colony or tidal water within the limits to which this Ordinance extends, or of any part of the cargo or apparel thereof, or of any wreck;
(b) Secrete any wreck or deface or obliterate any marks thereon;
(e) Wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded or otherwise in distress, on or near any such coast or tidal water as aforesaid, or any part of the cargo or apparel thereof, or any wreck;
and if any person acts in contravention of this enactment, he shall be liable for each offence to a fine not exceeding fifty pounds, and that fine may be inflicted in addition to any punishment to which he may be liable by law under this Ordinance or otherwise.
37.—(1) Where a Receiver suspects or receives information that any wreck is secreted or in the possession of some person, who is not the owner thereof, or that any wreck is otherwise improperly dealt with, he may apply to any District Commissioner for a search warrant, and that District Commissioner shall have power to grant such a warrant, and the Receiver, by virtue thereof, may enter any house, or other place, wherever situate, and also any vessel, and search for, seize, and detain any wreck there found.
(2) If any such seizure of wreck is made in consequence of information given by any person to the Receiver, on a warrant being issued under this section, the informer shall be entitled, by way of salvage, to such sum not exceeding in any case five pounds as the Governor may allow.
Marine Store Dealers.
38.-(1) Every person dealing in, buying, or selling any of the dealer to have articles following, that is to say, anchors, cables, sails, old junk, or trade painted old iron, or other marine stores of any kind (hereinafter called a
his name and
on his shop.
marine store dealer) shall have his name, together with the words "dealer in marine stores," distinctly painted, in letters of not less than six inches in length on every warehouse and place of deposit belonging to him.
(2) If a marine store dealer fails to comply with the requirements of this section, he shall for each offence be liable to a fine. not exceeding twenty pounds.
39.—(1) Every marine store dealer shall keep proper books, and Marine store enter therein an account of all marine stores of which he becomes dealer to keep possessed, stating in respect of each article the time at which and proper books. the person from whom he purchased or received the same, and a description of the business and place of abode of that person.
(2) If a marine store dealer fails to comply with the requirements of this section, he shall be liable to a fine for the first offence not exceeding twenty pounds, and for every subsequent offence not exceeding fifty pounds.
40.-(1) A marine store dealer shall not by himself or his Marine store agents purchase marine stores of any description from any person dealer not to apparently under the age of sixteen years.
(2) If a marine store dealer so purchases any marine store, he sixteen. shall be liable to a fine for the first offence not exceeding five pounds, and for every subsequent offence not exceeding twenty pounds.
41.-(1) A marine store dealer shall not, on any pretence, cut up any cable or other like article exceeding five fathoms in length, or unlay the same into twine or paper stuff without obtaining a written permit as required by this section.
(2) In order to obtain a written permit a marine store dealer shall make a declaration before some District Commissioner of the district in which the dealer resides, stating
(a) The quality and description of the cable or other like article about to be cut up or unlaid;
(b) The name and description of the person from whom he purchased or received the same; and
(c) That he has purchased or otherwise acquired the same without fraud and without any knowledge or suspicion that it has been come by dishonestly;
and either the District Commissioner before whom the declaration is made or the Receiver of the District, upon the production of the declaration, may grant a permit authorizing the marine store dealer to cut up or unlay the cable or other article.
(3) If a marine store dealer cuts up or unlays any cable or other article without complying with the provisions of this section, he shall be liable to a fine for the first offence not exceeding twenty pounds, and for every subsequent offence not exceeding fifty pounds.
Marine store dealer not to cut up cable,