Customs duties on wreck. Offences in respect of wreck. Amendment Act, 1855 (18 & 19 Vict. c. 91), that whenever any articles belonging to or forming part of any foreign ship wrecked on the coasts of the United Kingdom, or her cargo, are found on or near these coasts, or brought into port, the consul-general of the country to which the ship or the owners of the cargo belonged (or any consular officer of that country duly authorized) is, in the absence of the owners, or their agent or master, to be deemed the agent of the owners so far as relates to the custody or disposal of the articles so found. All wreck, being foreign goods brought or coming into the United Kingdom or the Isle of Man, is subject to the same duties as if it was imported; and if any question arises as to the origin of the goods, they are to be deemed to be the produce of such country as the Commissioners of Customs may upon investigation determine (e). The Commissioners of Customs and Excise are bound to permit all goods saved from any ship stranded or wrecked on its homeward voyage, to be forwarded to the port of her original destination, and all goods saved from any ship stranded or wrecked on her outward voyage to be returned to the port at which they were shipped (ƒ). We have already seen that timber found floating at sea without an apparent owner, having drifted from the place where it was moored in a river, is not "wreck" within the meaning of the Merchant Shipping Act, 1854 (g). Provision is also made by the Merchant Shipping Act, 1854, for the punishment of offences in respect of wreck, and for enabling the owners of any ships, boats, or cargoes plundered, damaged, or destroyed, by persons riotously and tumultuously assembled, to recover compensation from the hundred or district in which the offence was committed (h); Any persons who wrongfully carry away any part of a ship or boat stranded, or in danger of being stranded, or in (e) M. S. Act, 1854, s. 499. See Barry v. Arnaud, 10 A. & E.646 (which was a decision upon the 3 & 4 Will. 4, c. 52), as to what is "wreck" within the meaning of this section. (f) M. S. Act, 1854, s. 500. The commissioners must take security in these cases for the due protection of the revenue. Ib. (g) See Palmer v. Rouse, 3 H. & N. 505, and ante, p. 482, note (e). (h) M. S. Act, 1854, ss. 477 to 479. distress, on or near the shore of any sea or tidal water, or any part of the cargo or apparel, or any wreck, or, Endeavour in any way to impede or hinder the saving of the ship, boat, cargo, apparel, or wreck, or who Secrete any wreck, or obliterate or deface any marks on it, are liable, in addition to any other punishment to which they may be subject, to a penalty not exceeding 50l. (¿). Any person who takes into a foreign port or place and there sells any ship or boat so stranded, derelict, or in distress, or any part of the cargo, or anything belonging to her, or any wreck, is guilty of felony, and subject to penal servitude for a term not exceeding four years (k). By the general act relating to malicious injuries to property (24 & 25 Vict. c. 97), sect. 49, the unlawfully and maliciously destroying any part of a ship which is in distress, or wrecked, stranded, or cast on shore, or any goods belonging to her, is made a felony, punishable by penal servitude or imprisonment. And by the Larceny Act (24 & 25 Vict. c. 96), sect. 64, stealing any part of any ship in distress, wrecked, stranded or cast on shore, or any goods or articles belonging to her, is made a felony, punishable by penal servitude or imprisonment. By sect. 65 of this act, persons in possession of shipwrecked goods, and not satisfying a magistrate that they have come lawfully by them, may be punished; and by sect. 66, if any one offers for sale any shipwrecked goods which have been, or may be reasonably suspected to have been, unlawfully taken from any shipwrecked or distressed ship, the sale may be stopped, and the offender may, on conviction of the unlawful possession, be punished. marine stores In sects. 480 to 482 of the Merchant Shipping Act, 1854, Dealers in provisions are contained respecting persons dealing in anchors, and manucables, sails and other marine stores. The regulations of the facturers of statute in this respect are very minute, and do not fall within the scope of this work (). anchors. Wreck within By sect. 483 of the last-mentioned act, all manufacturers of anchors are bound to mark in legible characters on the crown and also on the shank and under the stock their name or initials, with the addition of a progressive number and the weight of the anchors. A penalty not exceeding 51. is incurred for each offence against this provision. The mode of proceeding with respect to wreck and derelict goods found within the jurisdiction of the Cinque Ports was formerly regulated by the statutes 1 & 2 Geo. 4, c. 76, and the 9 & 10 Vict. c. 99. The latter act is now wholly repealed, and the sections of the former act relating to this subject are also now repealed, so that the procedure with respect to wreck within the jurisdiction of the Cinque Ports is now the same as elsewhere (m). (m) See the Merchant Shipping Repeal Act, 1854, and ante, p. 502, note (e). DUTIES OF PASSENGERS on board a ship are entitled, independently of any GENERAL statutory provision or special contract, to protection, and to RIGHTS AND kind and considerate treatment on the part of the master. PASSENGERS. They are bound, on the other hand, to conform, in all respects, to the regulations and discipline of the vessel on which they Rights with reference to have embarked (a). They must give their assistance, if it becomes necessary and is required by the master, in cases of sea perils and attacks by enemies (b). They are not entitled to claim salvage for services so rendered, unless they do more than they are bound to do; as, for instance, by assisting in the navigation of a vessel after the master and some of the crew have left her in peril (c), or by rescuing the ship after capture by an enemy (d). In an early case, where the passengers cast the merchandize overboard in a storm, under circumstances which made the sacrifice necessary for the preservation of their lives, it was held that they were not liable to the owners of the goods (e). The rights of passengers with respect to passage money depend passage money, upon the principles which regulate ordinary contracts. Where a passenger is induced to enter into the contract by representations which are fraudulent, that is to say false within the knowledge of the party making them, the contract is void; even although the misrepresentations are not embodied in the contract (f). Where the representations are not fraudulent, but only untrue in point of fact, their untruth forms an excuse for the non-performance of the agreement on the part of the passenger, provided they relate to a matter which is of the essence of the contract. Whether any particular representation is essential depends upon the intention of the parties as apparent from the contract, and the surrounding circumstances. Thus, where statements were made to a passenger by the shipowner that the ship would sail on a particular day, but she did not do so, and consequently the passenger refused to go, the jury were directed that if the day fixed was not understood to be essential, and the ship sailed within a reasonable time, the shipowner was entitled to recover one-half of the passage money, this being shown to be the usage of the trade (g). Where, however, (a) See the observations on this subject in Dana's Seaman's Manual, chap. 3. (b) Boyce v. Bayliffe, 1 Camp. 58; (c) Newman v. Walters, ubi supra. of Lord Ellenborough in Mulloy v. Backer, 5 East, 322. (e) Mouse's Case, 12 Rep. 63. No question of general average appears to have been raised in this case. (ƒ) See in illustration of these principles Moens v. Heyworth, 10 M. & W. 147; Wontner v. Shairp, 4 C. B. 404, note (i). (g) Yates v. Duff, 5 C. & P. 369, and the cases cited above. A common form |