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Delivery of un

claimed

not to pre

same so referred and determined, or is dissatisfied with the decision on that determination, he may within three months after the expiration of a year from the time when the wreck (y) has come into the receiver's (z) hands, or from the date of the decision, as the case may be, take proceedings in any court having jurisdiction in the matter for establishing his title.

527. Upon delivery of wreck (y) or payment of the proceeds of sale of wreck (y) by a receiver (z), in pursuance of wreck by the provisions of this Part of this Act (a), the receiver (2) receivers shall be discharged from all liability in respect thereof, judice but the delivery thereof shall not prejudice or affect any 1862, s. 52. question which may be raised by third parties concerning the right or title to the wreck (y), or concerning the title to the soil of the place on which the wreck was found.

title.

Power to

Trade to

528.-(1.) The Board of Trade may, with the consent of Board of the Treasury, out of the revenue arising under this Part purchase of this Act, purchase for and on behalf of Her Majesty any rights to wreck (y) possessed by any person other than Her Majesty.

rights to
wreck.
1854,
8. 474.

Admiral

not to interfere with wreck. 1854, 98. 440.

(2.) For the purpose of a purchase under this section, the provisions of the Lands Clauses Act (b) relating to the purchase of lands by agreement shall be incorporated with this Part of this Act, and in the construction of those Acts for the purposes of this section this Part of this Act shall be deemed to be the special Act, and any such right to wreck (y) as aforesaid shall be deemed to be an interest in land authorized to be taken by the special Act, and Her Majesty shall be deemed to be the promoter of the undertaking.

529. 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 authorized by this Act (c).

(y) § 510, and notes.

(z) § 566.

(a) §§ 521, 525,

(b) Int. Act, 1889, § 23.
(c) §§ 524, 525.

Removal of Wrecks.

Removal of Wrecks.

of wreck

servancy

530. Where any vessel (d) is sunk, stranded, or abandoned in any harbour (e) or tidal water (e) under the control of a Removal harbour (e) or conservancy authority (e), or in or near any by harbour approach thereto, in such manner as in the opinion of the or conauthority to be, or be likely to become, an obstruction or authority. danger to navigation or to lifeboats engaged in lifeboat 40 & 41 service (e) in that harbour (e) or water (e) or in any ap- s. 4. proach thereto, that authority may

Vict. c. 16,

52 & 53

Vict. c. 5,

(a) take possession of, and raise, remove, or destroy (ƒ) s. 4.
the whole or any part of the vessel (d); and

(b) light or buoy any such vessel (d) or part until the
raising, removal, or destruction thereof; and
(c) sell, in such manner as they think fit, any vessel (d) or
part so raised or removed, and also any other property
recovered in the exercise of their powers under this
section, and out of the proceeds of the sale reimburse
themselves for the expenses incurred by them in
relation thereto under this section, and the authority
shall hold the surplus, if any, of the proceeds in trust
for the persons entitled thereto (g).
Provided as follows:-

(d) Wider than "ship; " see § 742, and note. It here includes all cargo and equipment; see § 532.

(e) Defined, § 742.
(f) e.g. with dynamite.

(g) There is no power given by this section to recover the deficit from the owner, if the expenses exceed the proceeds. This power only exists where the harbour authorities have incorporated in their governing Acts the Harbours, Docks, and Piers Clauses Act, 1847 (10 & 11 Vict. c. 27), § 56, i.e. "The harbour master may remove any wreck or other obstruction to the harbour, dock, or pier, or the approaches to the same, and also any floating timber which impedes the navigation thereof, and the expense of removing any such wreck, obstruction, or floating timber shall be repaid by the owner of the same, and the harbour master

may detain any such wreck or floating
timber for securing the expenses,
and, on non-payment of such expenses
on demand, may sell such wreck or
floating timber, and out of the pro-
ceeds of such sale pay such expenses,
rendering the overplus, if any, to the
owner on demand."

In The Arrow Shipping Co. v.
Tyne Commissioners, The Crystal
(1894), A. C. 508, the House of Lords
held (1) overruling The Edith
(1883), 11 L. R. Ir. Ch. 270, that
this clause gave a personal remedy
against the owner; (2) overruling
The Earl of Eglinton v. Norman
(1877), 36 L. T. 888, that the
owner who could be sued was not
the owner at the time the wreck
became an obstruction, but the owner
at the time the expenses were
incurred.

Power of

40 & 41

8. 5.

43 & 44

(1.) A sale shall not (except in the case of property which is of a perishable nature, or which would deteriorate in value by delay) be made under this section until at least seven clear days' notice of the intended sale has been given by advertisement in some local newspaper circulating in or near the district over which the authority have control; and

(2.) At any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the fair market value thereof, to be ascertained by agreement between the authority and the owner, or failing agreement by some person to be named for the purpose by the Board of Trade, and the sum paid to the authority as the value of any property under this provision shall, for the purposes of this section, be deemed to be the proceeds of sale of that property.

531.-(1.) Where any vessel (h) is sunk, stranded, or lighthouse abandoned in any fairway, or on the seashore or on or authority to remove near any rock, shoal, or bank, in the British Islands (i), wreck. or any of the adjacent seas or islands, and there is not any Vict. c. 16, harbour (k) or conservancy authority (k) having power to raise, remove, or destroy the vessel, the general lighthouse Vict. c. 22, authority (1) for the place in or near which the vessel is situate shall, if in their opinion the vessel (k) is, or is likely Vict. c. 5, to become, an obstruction or danger to navigation or to lifeboats engaged in the lifeboat service (k), have the same powers in relation thereto as are by this Part of this Act conferred upon a harbour or conservancy authority (m).

8. 5.

52 & 53

ss. 4, 5.

(2.) All expenses incurred by the general lighthouse authority (1) under this section, and not reimbursed in manner provided by this Part of this Act (n), shall be paid out of the Mercantile Marine Fund (0), but shall be subject to the like estimate, account, and sanction as the expenses

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of a general lighthouse authority, other than establishment expenses (p).

removal to

40 & 41

532. The provisions of this Part of this Act relating to Powers of removal of wrecks shall apply to every article or thing or extend to collection of things being or forming part of the tackle, tackle, equipments, cargo, stores, or ballast of a vessel in the cargo, &c. same manner as if it were included in the term "vessel," Vict. c. 16, and for the purposes of these provisions any proceeds of sale arising from a vessel and from the cargo thereof, or any other property recovered therefrom, shall be regarded as a common fund (q).

s. 6.

Board of

Trade

certain

533. If any question arises between a harbour (r) or Power for conservancy (r) authority on the one hand and a general de to lighthouse authority (s) on the other hand as to their respec- determine tive powers under this Part of this Act for the removal of questions wrecks, in relation to any place being in or near an between approach to a harbour (r) or tidal water (r), that question ties. shall, on the application of either authority, be to the decision of the Board of Trade, and the decision of that Board shall be final.

authori

referred 40 & 41

Vict. c. 16,

s. 7.

be cumu

534. The powers conferred by this Part of this Act on Powers to a harbour (r), conservancy (r), or lighthouse (s), authority, lative. for the removal of wrecks shall be in addition to and 40 & 41 not in derogation of any other powers for a like object (†).

Offences in respect of Wreck (u).

Vict. c. 16, s 8.

Offences in respect of Wreck.

535. If any person takes into any foreign port (1) any vessel (r), stranded, derelict, or otherwise in distress, found Taking on or near the coasts of the United Kingdom or any tidal wreck to water (r) within the limits of the United Kingdom, or any foreign part of the cargo or apparel thereof, or anything belonging 1854, s.

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479.

therefore, can apportion the expenses 54 & 55
so as to put those for which there is Vict. c. 69
no personal remedy on the fund s. 1.
under § 532; and to recover the rest
from the owner under the Act of 1847.
Cf. The Crystal (1894), A. C. 508.
(u) § 510, and notes.

() Wider than "ship;" see notes
to § 742.
$

Inter

fering with wrecked

vessel or wreck. 1854, s. 478.

Summary

thereto, or any wreck found within those limits, and there sells the same, that person shall be guilty of felony, and on conviction thereof shall be liable to be kept in penal servitude for a term not less than three years and not exceeding five years.

536.-(1.) A person shall not without the leave of the master (y) board or endeavour to board any vessel (2) which is wrecked, stranded, or in distress, unless that person is, or acts by command of, the receiver (a) 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 (b), and the master (y) 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 (2) stranded
or in danger of being stranded, or otherwise in distress
on or near any coast or tidal water (y), or of any part
of the cargo or apparel thereof, or of any wreck (c) ;
(b.) secrete any wreck (c), or deface or obliterate any
marks thereon; or

(c.) 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 coast or tidal
water (y), or any part of the cargo or apparel thereof,
or any wreck (c),

and if any person acts in contravention of this enactment, he shall be liable for each offence to a fine not exceeding fifty pounds (b), and that fine may be inflicted in addition to any punishment to which he may be liable by law under this Act or otherwise.

537.-(1.) Where a receiver (a) suspects or receives inprocedure formation that any wreck (c) is secreted or in the possession

for con

cealment of some person, who is not the

of wreck.

1854, s.

45.

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owner thereof or that any

(b) Procedure, §§ 680-684; fine how applicable, §§ 699, 716.

(c) § 510, and notes.

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