(g.) such other matters or circumstances relating to the ship, (2.) The person holding the examination shall take the same down in writing (d), and shall send one copy thereof to the Board of Trade, and another to the secretary of Lloyd's 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 (e). (a) The words "British or foreign" were here inserted upon consolidation presumably for greater clearness. Cf. s. 511. (b) Note this section does not apply to ships in distress near the coasts of the United Kingdom. Cf. ss. 511, 519. (c) For the provisions for preliminary inquiries and formal investigations as to shipping casualties generally, see ss. 464 et seq. (d) M. S. A. 1854, s. 449, made any examination taken in writing under this provision admissible as prima facie proof of all matters contained therein; but this was repealed by M. S. A. 1876, s. 45. A deposition made under M. S. A. 1854, s. 448, by a master was held inadmissible as evidence on behalf of his owners in an action brought against the ship for damages by collision, although the master had died before trial. The Henry Coxon (1878), 47 L. J. Ad. 83; 3 P. D. 156. (e) See ss. 728, 729, 730, powers of inspectors. Dealing with Wreck. Pt. IX. 518. to wreck found in the 518. Where any person finds or takes possession of any Provision as wreck within the limits of the United Kingdom (a) he shall,— (a.) If he is the owner thereof, give notice to the receiver of United the district stating that he has found or taken possession of the same, and describing the marks by which [1854, s. 450.] the same may be recognised; (b.) If he is not the owner thereof, as soon as possible deliver the same to the receiver of the district: and if any person fails, 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, 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 Act. For definition of "wreck," see s. 510. The section is meant to apply to a criminal and improper detention, whereby it is sought to practise a fraud upon the Crown or the owner, and not to salvors who have restored the property to the owners. The Zeta (1875), 44 L. J. Ad. 22; L. R. 4 A. & E. 460. Nor does it apply to a person who takes possession of a stranded vessel under Kingdom. Pt. IX. Penalty for Notice of wreck to be given by receiver. [1854, 8. 452.] Claims of owners to wreck. [1854, s. 470; 18 & 19 Vict.' c. 91, s. 19.] The Liffey (a) This section also applies to wrecks found or taken possession of outside the limits of the United Kingdom and brought within such limits in the same way as it applies to wreck found within the limits of the United Kingdom. See M. S. A. 1906, s. 72. 519.-(1.) Where a vessel is wrecked, stranded, or in distress at any place on or near the coasts of the United Kingdom or any tidal water (a) within the limits of the United Kingdom (b), 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 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 or any person authorised as aforesaid may take any such cargo or article by force from the person so refusing to deliver the same. (a) See note to s. 510. (b) See note (b) to s. 546. 520. Where a receiver takes possession of any wreck he shall within forty-eight hours— (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 the secretary shall post it in some conspicuous position for inspection. 521.-(1.) The owner of any wreck in the possession of the receiver, upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver, shall, upon paying the salvage, fees (a), and expenses due, be entitled to have the wreck or the proceeds thereof delivered up to him. (2.) Where any articles belonging to or forming part of a foreign ship, 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 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 of that country authorised in that behalf by any treaty or arrangement Pt. IX. with that country, shall, in the absence of the owner and of the 522-525. master 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. (a) See s. 567; fees of receivers of wreck. 522. A receiver may at any time sell any wreck in his Immediate custody, if in his opinion sale of wreck by receiver in certain cases. (a.) it is under the value of five pounds, or (b.) it is so much damaged or of so perishable a nature that [1851, s. 453.] 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. Unclaimed Wreck. 523. Her Majesty and Her Royal successors are entitled to Right of all unclaimed wreck (a) found in any part of Her Majesty's Crown to dominions, except in places where Her Majesty or any of Her unclaimed Royal predecessors has granted to any other person the right to that wreck. (a) See s. 510, and notes thereto, for definition of "wreck." Wreck found outside the limits of the United Kingdom, and brought within such limits, has to be delivered to the Receiver of Wreck, though the Crown may have no title to it. M. S. A. 1906, s. 72, extending s. 518 of this Act. wreck. see 17 Edw. [See 2, stat. 2, c. 11; Prerog. Reg. Stat. temp. incert. c. 13 in rev. ed.] wreck to be 524.-(1.) Where any admiral, vice-admiral, lord of the Notice of manor, heritable proprietor duly infeft, or other person is unclaimed entitled for his own use to unclaimed wreck found on any place given to perwithin the district of a receiver, he shall deliver to the receiver sons entitled. a statement containing the particulars of his title, and an address [1851, ss. 454, 501.] to which notices may be sent. (2.) When a statement has been so delivered and the title proved to the satisfaction of the receiver, the receiver shall, on taking possession of any wreck 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, found Disposal of in the United Kingdom and in the possession of a receiver, unclaimed within one year after it came into his possession, the wreck shall be dealt with as follows; that is to say, wreck. [1854, ss. 471, 475; 1862, (1.) if the wreck is claimed by any admiral, vice-admiral, lord §. 53.] of a manor, heritable proprietor, or other person who Pt. IX. 526. Disputed title wreck. [1854, ss. 472, 473.] has delivered such a statement to the receiver as herein before provided, and has proved to the satisfaction of the receiver his title to receive unclaimed wreck found at the place where that wreck was found, the wreck after payment of all expenses, costs, fees, and salvage due in respect thereof, shall be delivered to him; (2.) if the wreck is not claimed by any admiral, vice-admiral, lord of a manor, heritable proprietor, or other person as aforesaid, 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 (a), and paying thereout to the salvors such amount of salvage as the Board of Trade may in each case, or by any general rule, determine) for the benefit of the Crown, as follows, that is to say: (a.) if the wreck is claimed in right of Her Majesty's duchy of Lancaster, to the receiver-general of that duchy or his deputies as part of the revenues of that duchy ; (b.) if the wreck is claimed in right of the duchy of Cornwall, to the receiver-general of that duchy or his deputies as part of the revenues of that duchy; and (c.) if the wreck is not so claimed, the receiver shall pay the proceeds of sale to the Mercantile Marine Fund during the life of Her present Majesty, and after the decease of Her present Majesty to her heirs and successors (b). (a) See s. 567 as to receiver's fees. (b) The proceeds of unclaimed wreck have now to be paid to His Majesty. Cf. s. 676 (g). 526.-(1.) Where any dispute arises between any such to unclaimed admiral, vice-admiral, lord of a manor, heritable proprietor, or other person as aforesaid and the receiver respecting title to "wreck found at any place, or, where more persons than one claim title to that wreck and a 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 (a). (2.) If any party to the dispute is unwilling to have the 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 has come into the receiver's 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. (a) See s. 548, summary disposal of salvage disputes. Pt. IX. 527. Upon delivery of wreck or payment of the proceeds of 527-530. sale of wreck by a receiver, in pursuance of the provisions of Delivery of this Part of this Act, the receiver shall be discharged from all unclaimed liability in respect thereof, but the delivery thereof shall not wreck by prejudice or affect any question which may be raised by third receivers not to prejudice parties concerning the right or title to the wreck, or concerning title. the title to the soil of the place on which the wreck was found. [1862, s. 52.] 528.-(1.) The Board of Trade may, with the consent of the Treasury, out of the revenue arising under this Part of this Act, purchase for and on behalf of Her Majesty, any rights to wreck possessed by any person other than Her Majesty. Power to Trade to purchase rights to (2.) For the purpose of a purchase under this section, the wreck. provisions of the Lands Clauses Acts relating to the purchase of [1854, s. 474.] 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 as aforesaid shall be deemed to be an interest in land authorised 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 what- Admiral not ever denomination, exercising Admiralty jurisdiction, shall, as to interfere such, by himself or his agents, receive, take, or interfere with with wreck. any wreck except as authorised by this Act. Removal of Wrecks. Provisions relating to this subject are also contained in the Harbours, Docks, and Piers Clauses Act, 1847 (as to s. 56 whereof see infra, s. 530, note (d), and s. 534, note); in the Dockyard Ports Regulation Act, 1865, and in various Acts referring to particular ports. The powers given by such Acts are, in some cases, more advantageous than those under this Act. See s. 534, and notes thereto. [1854, s. 440.] harbour or 530. Where any vessel is sunk, stranded, or abandoned in Removal of any harbour (a) or tidal water (a) under the control of a harbour wreck by or conservancy authority (a), or in or near any approach thereto, conservancy in such manner as in the opinion of the authority to be, or be authority. likely to become, an obstruction or danger to navigation or to [40 & 41 Vict. lifeboats engaged in lifeboat service in that harbour or water or c. 16, 8. 4; in any approach thereto, that authority may (6) — (a.) take possession of, and raise, remove, or destroy the whole or any part of the vessel; and (b.) light or buoy any such vessel or part until the raising, removal, or destruction thereof; and (c.) sell, in such manner as they think fit, any vessel (c) or part so raised or removed, and also any other property recovered in the exercise of their powers under this 52 & 53 Vict. c. 5, 8. 4.] |