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(e) That should one of the said persons be of opinion that
there is a case for an Investigation and the other
the 1st section of the principal Act provided.
shall be called in, as in the 5th section of the
appoint such person.
3. Whereas the provisions of the principal Act and of the Acts
, if it be practicable, receive reasonable notice from the Principal Officer of Customs of the holding of the Investigation, and shall be entitled to be present thereat, and to call witnesses and to examine, cross-examine, and re-examine any witness by himself or by counsel. And provided also, that if at the Investigation the Court shall find that the master, mate, or engineer of any Foreign ship or vessel has been guilty of such misconduct or negligence that had he been the master, mate, or engineer of a British ship or vessel they would have cancelled or suspended the certificate of such master, mate, or engineer in accordance with the provisions of the fourth section of the principal Act, then in that case such Court shall report such finding to the nearest Consul, Vice-Consul, or Consular Agent of the country or State to which such ship or vessel belongs who shall be resident in this Colony, or, if there be no such person so resident, then to any such person resident in any Australian Colony.
All the provisions of this or any other Act, or of any Ordinance relating to the protection or preservation of, or otherwise dealing with wreck or wreckage, shall apply to the case of a ship or vessel belonging to any Foreign State or country.
4. The provisions of this Act relating to the protection or preservation of wreck or wreckage shall be in addition to and not in derogation
such accident to
from any powers possessed by the Harbour Master under the fifth section of 37th Victoria, No. 14, or otherwise.
5. The Collector of Customs is and shall be the Receiver of Wreck, and shall, as such, exercise the powers and perform the duties hereinafter mentioned.
6. Whenever any ship or boat is stranded or in distress at any place Duty of receiver on the shore of the sea or of any tidal water within the limits of the when any ship is · Colony, the Receiver at the rt at which or nearest to which such distress place is situate shall, upon being made acquainted with such accident, forthwith proceed 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.
7. The Receiver may, with a view to such preservation as aforesaid Powers of reof the ship or boat, persons, cargo, and apparel, do the following things ceiver in case of (that is to say)
any ship or boat
assist him :
any ship or boat near at hand to give such aid with his
men, ship, or boats as may be in his power :
waggon, cart, or horses by reason of the user of the same under this section.
8. All cargo and other articles belonging to such ship or boat as All articles aforesaid,
be washed on shore, or otherwise be lost or taken washed on shore,
9. Whenever any such accident as aforesaid occurs to any ship or Power of reboat, and any person plunders, creates disorder, or obstructs the ceiver to sup. preservation of such ship, boat, lives, cr cargo as aforesaid, it shall be and disorder by lawful for the Receiver to cause such person to be apprehended, and to use force for the suppression of any such plundering, disorder, or
The Wreck Act, 1887
Certain officers to exercise powers of receiver in his absence
Power in case of il ship being in distress to pass over adjoining lands with carriages
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.
10. During the absence of the Receiver from the place where any such accident as aforesaid occurs, or in places where there is no Receiver the following officers in succession, each in the absence of the other, in the order in which they are named, that is to say, any Principal Officer of Customs, or Officer of Inland Revenue, or any Justice of the Peace, may do all matters and things hereby authorised 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 hereinbefore 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.
11. Whenever any such accident as aforesaid occurs to any ship or boat, all persons may, for the purpose of rendering assistance to such ship or boat, or saving the lives of the persons on board the same, or the cargo or apparel thereof, unless there is some public road equally convenient, pass and repass either with or without carriages or horses 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
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 payment, be recoverable in the same manner as salvage is hereby made recoverable; and 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. Penalty on
12. If the owner or occupier of any land over which any person is
hereby authorised to pass or repass for any of the purposes hereinbefore refusing to allow mentioned does any of the following things (that is to say) carriages, &c., to
(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 herein
before 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 ;
owners and occupiers of land
pass over their land
he shall for every such offence incur a penalty not exceeding One hundred pounds.
13. The following rules shall be observed by any person finding Rules to be ob.
is the owner, he shall as soon as possible give notice to
marks by which such wreck is distinguished :
of any wreck or wreckage, he shall as soon as possible
deliver the same to such Receiver as aforesaid :
several things, the performance of which is hereby
the several things, the performance of which is hereby
He shall forfeit all claim to salvage;
if the same is claimed, but if the same is
such seizure is made in consequence of information that may have been given by any person to the Receiver, the informer shall be entitled by way of salvage to such sum (not exceeding in any case Five pounds) as the Receiver may allow. Provided always, that if the Receiver be a Justice of the Peace, he shall apply to some other Justice.
15. Every Receiver shall within forty-eight hours after taking Notice of wreck possession of any wreck or wreckage cause to be posted up in the to be given by Custom House of the port nearest to the place where such wreck or
The Wreck Act, 1887
be sold im
receiver to be determined by the Governor in Council
wreckage was found or seized a description of the same and of any
marks by which it is distinguished. Goods deemeil 16. In cases where any wreck or wreckage in the custody of any 'perishable or of Receiver is under the value of Five pounds, or is of so perishable small value may
a nature or so much damaged that the same cannot, in his opinion, be mediately
advantageously kept, or if the value thereof is not sufficient to defray the charge of warehousing, the Receiver may sell the same before the expiration of the period hereinafter mentioned, and the money raised by such sale, after defraying the expenses thereof, shall be held by the Receiver for the same purposes and subject to the same claims for and to which the article sold would have been held and liable if it had
remained unsold. Payments to be
17. There shall be paid to any Receiver the expenses properly made to receiver incurred by him in the performance of his duties, and also, should any
wreckage be taken into his custody, a fee of five per centum on the value thereof, such percentage in no case exceeding the sum of Twenty pounds; and a Receiver shall have the same lien and be entitled to the same remedies for the recovery of such expenses and such fee as a
salvor has or is entitled to in respect of salvage due to him. Disputes as to 18. Whenever any dispute arises as to the amount payable to any suus payable to Receiver in respect of expenses or fees, such dispute shall be determined
by the Governor in Council, whose decisions shall be final.
19. All fees received by any Receiver appointed under this Act, Applicatiou of
in respect of any services performed by him as Receiver, shall be paid
Whenever any ship or boat is stranded or otherwise in distress
(1) In assisting such ship or boat; : (2) In saving the lives of the persons belonging to such ship or
boat; (8) In saving the cargo or apparel of such ship or boat, or any
portion thereof; And whenever any wreck is saved by any person other than a
Receiver within the Colony; There shall be payable by the owners of such ship or boat, cargo, apparel, or wreck, to the person by whom such services or any of them are rendered or by whom such wreck is saved, a reasonable amount of salvage, together with all expenses properly incurred by him in the performance of such services or the saving of such wreck, the amount of such salvage and expenses (which expenses are hereinafter included under the term salvage) to be determined in case of dispute in manner hereinafter mentioned. 21. Whenever any dispute arises between the owners of any
such ship, boat, cargo, apparel, or wreck as aforesaid, and the salvors, as to the amount of salvage, and the parties to the dispute cannot agree as to the settlement thereof by arbitration or otherwise,
Salvage in respect of services renderell in the Colony
Disputes as to salvage how to be settled