Inquiries into
Wrecks.

Power to

tical Assessor.

Merchant Shipping (Part VIII Wreck and Salvage.)

Case; and such Justices or Magistrate shall thereupon proceed to hear and try the same, and shall for that Purpose, so far as relates to the summoning of Parties, compelling the Attendance of Witnesses, and the Regulation of the Proceedings, have the same Powers as if the same were a Proceeding relating to an Offence or Cause of Complaint upon which they or he have Power to make a summary Conviction or Order, or as near thereto as Circumstances permit; and it shall be the Duty of such Officer or Person as aforesaid to superintend the Management of the Case, and to render such Assistance to the said Justices or Magistrate as is in his Power; and, upon the Conclusion of the Case, the said Justices or Magistrate shall send a Report to the Board of Trade, containing a full Statement of the Case and of their or his Opinion thereon, accompanied by such Report of or Extracts from the Evidence, and such Observations (if any) as they or he may think fit.

CCCCXXXIV. In Cases where Nautical Skill and Knowappoint Naledge are required, the Board of Trade shall have the Power, either at the Request of such Justices or Magistrate, or at its own Discretion, to appoint some Person of Nautical Skill and Knowledge to act as Assessor to such Justices or Magistrate; and such Assessor shall, upon the Conclusion of the Case, either signify his Concurrence in their Report by signing the same, or if he dissents therefrom shall signify such Dissent and his Reasons therefor to the Board of Trade.

Stipendiary
Magistrate to

be the Magis
trate who is
Member of

Local Matine

Board, and to be paid.

Costs of such

CCCCXXXV. In Places where there is a Local Marine Board, and where a Stipendiary Magistrate is a Member of such Board, all such Investigations as aforesaid shall, whenever he happens to be present, be made before such Magistrate ; and there shall be paid to such Magistrate in respect of his Services under this Act such Remuneration, whether by way of annual Increase of Salary or otherwise as Her Majesty's Secretary of State for the Home Department, with the Consent of the Board of Trade, may direct; and such Remuneration shall be paid out of the Mercantile Marine Fund.

CCCCXXXVI. The said Justices or Magistrate may make Investigations. such Order with respect to the Costs of any such Investigation or any Portion thereof as they or he may deem just, and such Costs shall be paid accordingly, and shall be recoverable in the same Manner as other Costs incurred in Summary Proceedings before them or him; and the Board of Trade may, if in any Case it thinks fit so to do, pay the Expense of any such Investigation, and may pay to such Assessor as aforesaid such Remuneration as it thinks fit.

CCCCXXXVII.

Merchant Shipping (Part VIII. Wreck and Salvage.)

Inquiries into
Wrecks.

CCCCXXXVII. In the Case of any such Investigation as Investigations aforesaid to be held in Scotland, the Board of Trade may, if it in Scotland. so thinks fit, remit the same to the Lord Advocate to be prosecuted in such Manner as he may direct, and in case he so requires, with the Assistance of such Person of nautical Skill and Knowledge as the Board of Trade may appoint for the Purpose.

Close of In

quiry.

CCCCXXXVIII. Such Justices or Magistrate as aforesaid Master or may, or in Scotland such Person or Persons as is or are directed Mate may be required to by the Lord Advocate to conduct the Investigation may, if deliver Certithey or he think fit, require any Master or Mate possessing a ficate to be Certificate of Competency or Service whose Conduct is called held until in question or appears to them or him likely to be called in question in the course of such Investigation, to deliver such Certificate to them or him, and they or he shall hold the Certificate so delivered until the Conclusion of the Investigation, and shall then either return the same to such Master or Mate, or, if their Report is such as to enable the Board of Trade to cancel or suspend such Certificate under the Powers given to such Board by the Third Part of this Act, shall forward the same to the Board of Trade, to be dealt with as such Board thinks fit; and if any Master or Mate fails so to deliver his Certificate when so required, he shall incur a Penalty not exceeding Fifty Pounds.

Appointment and Duties of Receivers.

Appointment and Duties of

Receivers.

CCCCXXXIX. The Board of Trade shall throughout the United Kingdom have the general Superintendence of all Board of Trade SuperMatters relating to Wreck; and it may, with the Consent of intendents the Commissioners of Her Majesty's Treasury, appoint any of Wreck, Officer of Customs or of the Coast Guard, or any Officer of with Power Inland Revenue, or, when it appears to such Board to be more convenient, any other Person, to be a Receiver of Wreck in any District, and to perform such Duties as are herein-after mentioned, and shall give due Notice of every such Appoint

ment.

to appoint

with Wreck.

CCCCXL. No Admiral, Vice Admiral, or other Person, Admiral not under whatever Denomination, exercising Admiralty Jurisdic- to interfere tion, shall as such, by himself or his Agents, receive, take, or interfere with any Wreck except as herein-after mentioned.

CCCCXLI. Whenever any Ship or Boat is stranded or in Duty of ReDistress at any Place on the Shore of the Sea or of any Tidal ceiver when Water within the Limits of the United Kingdom, the Receiver stranded or, any Ship is of the District within which such Place is situate shall, upon in Distress, being made acquainted with such Accident, forthwith proceed

Appointment and Duties of Receivers.

Powers of

Receiver in

Merchant Shipping (Part VIII. Wreck and Salvage)

to such Place, and upon his Arrival there he shall take the Command of all Persons present, and assign such Duties to each Person, and issue such Directions, as he may think fit with a view to the Preservation of such Ship or Boat, and the Lives of the Persons belonging thereto, and the Cargo and Apparel thereof; and if any Person wilfully disobeys such Directions, he shall forfeit a Sum not exceeding Fifty Pounds; but it shall not be lawful for such Receiver to interfere between the Master of such Ship or Boat and his Crew in Matters relating to the Management thereof, unless he is requested so to do by such Master.

CCCCXLII. The Receiver may, with a view of such Preservation as aforesaid of the Ship or Boat, Persons, Cargo, and case of such Apparel, do the following Things; (that is to say,)

Accident to

any Ship or

Boat.

All Articles washed

on

Shore, or lost,

or taken from any Ship or Boa', to be delivered to the Receiver.

Power of Re.

(1.) Summon such Number of Men as he thinks necessary

to assist him :

(2.) Require the Master or other Person having the Charge of any Ship or Boat near at hand to give such Aid with his Men, Ship, or Boats as may be in his Power:

(3.) Demand the Use of any Waggon, Cart, or Horses that may be near at hand :

And any Person refusing without reasonable Cause to comply with any Summons, Requisition, or Demand so made as aforesaid, shall for every such refusal incur a Penalty not exceeding One hundred Pounds; but no Person shall be liable to pay any Duty of assessed Taxes in respect of any such Waggon, Cart, or Horses by reason of the User of the same under this Section.

CCCCXLIII. All Cargo and other Articles belonging to such Ship or Boat as aforesaid, that may be washed on Shore, or otherwise be lost or taken from such Ship or Boat, shall be delivered to the Receiver; and any Person, whether he is the Owner or not, who secretes or keeps Possession of any such Cargo or Article, or refuses to deliver the same to the Receiver or to any Person authorized by him to demand the same, shall incur a Penalty not exceeding One hundred Pounds; and it shall be lawful for such Receiver or other Person as aforesaid to take such Cargo or Article by force from the Person so rcfusing to deliver the same.

CCCCXLIV. Whenever any such Accident as aforesaid occeiver tsp curs to any Ship or Boat, and any Person plunders, creates Disorder, or obstructs the Preservation of such Ship, Boat,

press Plunder

Merchant Shipping (Part VIII. Wreck and Salvage.)

Appointment an Duties of

Re civers.

Lives, or Cargo as aforesaid; it shall be lawful for the Receiver and Disorder to cause such Person to be apprehended, and to use Force for by Force. the Suppression of any such Plundering, Disorder, or Obstruction as aforesaid, with Power to command all Her Majesty's Subjects to assist him in the Use of such Force; and if any Person is killed, maimed, or hurt by reason of his resisting the Receiver in the Execution of the Duties hereby committed to him, or any Person acting under his Orders, such Receiver or other Person shall be free and fully indemnified as well against the Queen's Majesty, Her Heirs and Successors, as against all Persons so killed, maimed, or hurt.

cise Powers of

CCCCXLV. During the Absence of the Receiver from the Certain OffiPlace where any such Accident as aforesaid occurs, or in cers to exerPlaces where no Receiver has been appointed under this Act, Receiver in the following Officers in Succession, each in the absence of the his Absence. other, in the Order in which they are named, that is to say, any principal Officer of Customs or of the Coast Guard, or Officer of Inland Revenue, and also any Sheriff, Justice of the Peace, Commissioned Officer on full Pay in the Naval service of Her Majesty, or Commissioned Officer on full Pay in the Military Service of Her Majesty, may do all Matters and Things hereby authorized to be done by the Receiver, with this exception, that with respect to any Goods or Articles belonging to any such Ship or Boat, the Delivery up of which to the Receiver is herein-before required, any Officer so acting shall be considered as the Agent of the Receiver, and shall place the same in the Custody of the Receiver; and no Person so acting as Substitute for any Receiver shall 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.

pass over ad

CCCCXLVI. Whenever any such Accident as aforesaid oc- Power in case curs to any Ship or Boat, all Persons may, for the Purpose of ofa Ship being rendering Assistance to such Ship or Boat, or saving the Lives in Distress to of the Persons on board the same, or the Cargo or Apparel joining Lands thereof, unless there is some public Road equally convenient, with Carpass and repass either with or without Carriages or Horses riages. over any adjoining Lands, without being subject to Interruption by the Owner or Occupier, so that they do as little Damage as possible, and may also, on the like Condition, deposit on such Lands any Cargo or other Article recovered from such Ship or Boat; and all Damage that may be sustained by any Owner or Occupier in consequence of any such passing or repassing or Deposit as aforesaid shall be a Charge on the Ship, Boat, Cargo, or Articles in respect of or by which such Damage was occasioned, and shall, in default of Payinent, be recoverable in the same Mauner as Salvage is hereby made recoverable ; and

the

Appointment and Duties of Receivers.

Penalty on
Owners and

Occupiers of
Land refusing
to allow Car

riages, &c., to pass over their Laud.

Power of Receiver to in

stitute Exami. nation with respect to

Ships in Distress.

Merchant Shipping (Part VIII. Wreck and Salvage.)

the Amount payable in respect thereof, if disputed, shall be determined in the same Manner as the Amount of Salvage is hereby in case of Dispute directed to be determined.

CCCCXLVII. If the Owner or Occupier of any Land over which any Person is hereby authorized to pass or repass for any of the Purposes herein-before mentioned does any of the following Things, (that is to say,)

(1.) Impedes or hinders any such Person from so passing or repassing, with or without Carriages, Horses, and Servants, by locking his Gates, refusing, upon Request, to open the same, or otherwise however;

(2.) Impedes or hinders the Deposit of any Cargo or other Article recovered from any such Ship or Boat, as hereinbefore mentioned;

(3.) Prevents such Cargo or other Article from remaining so
deposited for a reasonable Time, until the same can be
removed to a safe Place of public Deposit;

He shall for every such Offence incur a Penalty not exceeding
One hundred Pounds.

CCCCXLVIII. Any Receiver, or in his Absence any Justice of the Peace, shall, as soon as conveniently may be, examine upon Oath (which Oath they are hereby respectively empowered to administer) any Person belonging to any Ship which may be or may have been in Distress on the Coasts of the United Kingdom, 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,)

(1.) The Name and Description of the Ship;

(2.) The Name of the Master and of the Owners;

(3.) The Names of the Owners of the Cargo;

(4.) The Ports or Places from and to which the Ship was bound;

(5.) The Occasion of the Distress of the Ship;

(6.) The Services rendered;

(7.) Such other Matters or Circumstances relating to such Ship, or to the Cargo on board the same, as the Receiver or Justice thinks necessary:

And