1854, 39 & 40 Vict. c. 80, a wreck commissioner (m) or deputy approved by the Board, ships in or, in the absence of the persons aforesaid, a justice of the distress. peace, shall, as soon as conveniently may be, examine on s. 448. oath (and they are hereby respectively empowered to administer the oath) any person belonging to the ship (n), s. 31. 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 name (n) of the master and of the owners (o); (d) the ports (n) from and to which the ship was bound; (g) such other matters or circumstances relating to the (2.) The person holding the examination shall take the same down in writing (p), and shall send one copy thereof to the Board of Trade, and another to the secretary of Lloyd's (q) in London, and the secretary shall place it in some conspicuous situation for inspection. (3.) The person holding the examination shall, for the purposes thereof, have all the powers of a Board of Trade inspector under this Act (r). Dealing with Wreck (s). Wreck. 518.—(1.) Where any person finds or takes possession of Provision any wreck (s) within the limits of the United Kingdom as to wreck found in Penalty wreck at time of (a.) If he is the owner therof, give notice to the receiver (t) 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 (t): and if any person fails (u), without reasonable cause, to comply with 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 (y), and shall be liable to pay to the owner of the wreck (2) if it is claimed, or, if it is unclaimed to the person entitled to the same (a), double the value thereof, to be recovered in the same way as a fine of a like amount under this Act (x). 519. (1.) Where a vessel (b) is wrecked, stranded, or in for taking distress at any place on or near the coasts of the United Kingdom or any tidal water (c) within the limits of the casualty. United Kingdom, 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 (t). 1854, 8. 443. Notice of wreck to be given (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 (t) or any person authorised 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 (t) or any person authorised as aforesaid may take any such cargo or article by force from the person so refusing to deliver the same. 520. Where a receiver (t) takes possession of any wreck (2) he shall within forty-eight hours (a.) cause to be posted in the custom house nearest to by rethe place where the wreck (d) was found or was seized ceiver; by him a description thereof and of any marks by s. 452. which it is distinguished; and 1854, (b.) if in his opinion the value of the wreck (d) exceeds twenty pounds, also transmit a similar description to the secretary of Lloyd's in London, and the secretary shall post it in some conspicuous position for inspection. 521.-(1.) The owner of any wreck (d) in the possession Claims of of the receiver (e), upon establishing his claim to the same owners to to the satisfaction of the receiver within one year from the 1854, time at which the wreck (d) came into the possession of 470. the receiver, shall, upon paying the salvage (ƒ), fees (g), Vict. c. 91, and expenses due, be entitled to have the wreck (d) or the 8. 19. proceeds thereof delivered up to him. (2.) Where any articles belonging to or forming part of a foreign ship (h), which has been wrecked on or near the coasts of the United Kingdom, or belonging to and forming part of the cargo, are found on or near those coasts, or are brought into any port (h) in the United Kingdom, the consul general of the country to which the ship or in the case of cargo to which the owners of the cargo may have belonged, or any consular officer (h) of that country authorized in that behalf by any treaty or arrangement with that country, shall, in the absence of the owner and of the master (h) or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of the articles. wreck. 18 & 19 522. A receiver (e) may at any time sell any wreck (d) Immein his custody, if in his opinion— diate sale of wreck by re ceiver in (a.) it is under the value of five pounds, or (b.) it is so much damaged or of so perishable a nature certain 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 cases. 1854, 8. 453. (d) § 510, and notes thereto. (e) $566. (f) §§ 544-546. (g) § 567. 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 (1). Unclaimed Wreck. Unclaimed Wreck. Right of 523. Her Majesty and Her Royal successors are Crown to entitled to all unclaimed wreck (m) found in any part of wreck. Her Majesty's dominions, except in places where Her 17 Edw.II. Majesty or any of Her Royal predecessors has granted to any other person (n) the right to that wreck. unclaimed stat. 2, cert.) c. 13. 524.-(1.) Where any admiral, vice-admiral, lord of temp. in the manor, heritable proprietor duly infeft, or other (Rev.Ed.). person is entitled for his own use to unclaimed wreck (m) found on any place within the district of a receiver (o), he Notice of shall deliver to the receiver a statement containing the unclaimed particulars of his title, and an address to which notices be given may be sent. wreck to to persons entitled. 1854, ss. 454, 501. Disposal of unclaimed wreck. 1854, 88. 471, (2.) When a statement has been so delivered and the title proved to the satisfaction of the receiver (o), the receiver shall, on taking possession of any wreck (m) found at a place to which the statement refers, within forty-eight hours send to the address delivered a description of the wreck and of any marks by which it is distinguished. 525. Where no owner establishes a claim to any wreck (m), found in the United Kingdom and in the possession of a receiver (o), within one year after it came into his possession, the wreck shall be dealt with as follows; that is to say: (1.) if the wreck is claimed by any admiral, vice-admiral, lord of a manor, heritable proprietor, or other person who has delivered such a statement to the receiver as herein-before provided (p), and has proved to the satisfaction of the receiver (o) his title to receive unclaimed wreck (m) found at the place where that wreck (m) was found, the wreck (m) after payment of all expenses, costs, fees (q), and salvage (r) due in respect thereof, (2.) if the wreck is not claimed by any admiral, vice- (a) if the wreck (t) is claimed in right of Her (b) if the wreck (t) is claimed in right of the duchy of Cornwall, to the receiver-general of that duchy (c) if the wreck (t) is not so claimed, the receiver (s) shall pay the proceeds of sale to the Mercantile title to 89. 472, 526. (1.) Where any dispute arises between any such Disputed admiral, vice-admiral, lord of a manor, heritable pro- unclaimed prietor, or other person as aforesaid and the receiver (s) wreck. respecting title to wreck (t) found at any place, or, where 1854 more persons than one claim title to that wreck (t) and a 473. dispute arises between them as to that title, that dispute may be referred and determined in the same manner as if it were a dispute as to salvage to be determined summarily under this Part of this Act (x). (2.) If any party to the dispute is unwilling to have the (q) § 567. (r) §§ 544-546. § 566. (t) § 510, and notes thereto. (u) § 676, s. 1 (g.). (x) § 548. |