Duty of sheriffs,

corners and wreckmasters.

Perishable property.

Order for surrender

to claimant.

§ 307. It is the duty of the sheriff, coroners and wreck-masters of every county in which any wrecked property is found, when no owner or other person entitled to possession appears, severally to take possession of it, in whose hands soever it may be, in the name of the people; to cause its value to be appraised by disinterested persons; and to keep it in some safe place, to answer the owners' claims.

2 R. S., 100, § 2.

§ 308. If it is in a perishable state, so as to render its sale expedient, such officer shall apply to the county judge of the county, by a verified petition, for an order authorizing him to sell it; which the judge shall grant, if he is satisfied that a sale would be most beneficial to the parties interested; and the property shall then be sold by public auction at the time and in the manner specified in the order, and the proceeds, deducting the expenses thereof, as the same shall be settled and allowed by such judge, must be paid to the treasurer of the county.

Ib., §§ 3, 4.

§ 309. If within a year after the finding, any person claim the property or its proceeds, as owner, consignee, or otherwise, and establishes his claim by evidence satisfactory to the county judge, such judge shall make an order directing the officer in whose possession the property or its

proceeds may be, to deliver the same to the claimant, upon his paying a reasonable salvage, and the expenses of preservation.

2 R. S., 100, § 5.

first to give bond.

§ 310. Before making the order the judge shall Claimant require from the claimant a bond to the people, with one or more sufficient sureties, to be approved by the judge, and filed with the clerk of the county, in a penalty double the value of the property or proceeds, conditioned for the payment of all damages that may be recovered against such claimant or his representatives, within two years after its date, by any person establishing his title to the property or proceeds

Ib., 101, § 6, and first clause of § 7.

the bond.

§ 311. If the bond becomes forfeited, the county Action on judge, upon the application, supported by due proof, of the person entitled to the benefit of it, shall make an order for its prosecution for his benefit, and at his risk and expense.

Ib., § 7.

may sue, although claim rejected.

§ 312. The rejection by the judge of any claim Owner shall not preclude the claimant from maintaining an action, for the recovery of such property or its proceeds, against the officer; but if the plaintiff in any such action prevails, there shall be deducted from the damages, in addition to salvage and expenses, all the defendant's costs.

Ib., § 8.

Salvage to

be stated in writing.

Proceedings to fix disputed salvage.

If no claim. ant appears, property to be sold.

§ 313. It is the duty of every officer to whom an order under section 309 is directed, to present to the claimant exhibiting it a written statement of the claim for salvage and expenses. If the claimant refuse to allow such amount it shall be adjusted as hereinafter provided.

2 R. S., 101, § 9.

§ 314. If, in any case, the amount of salvage and expenses be not settled by agreement, the county court of the county, on the application of the owner or consignee of the property, or the master or supercargo having charge thereof at the time of the wreck, or of a claimant having an order therefor, or of the person entitled to salvage and expenses, shall determine the same, in a summary way, either by itself hearing the proofs and allegations of the parties, or by referring the questions to three disinterested freeholders of the county, not inhabitants of the town in which the property was saved, who shall proceed as in civil actions, and be entitled to the same compensation, and whose decision as to the whole amount, and as to the sums to be paid to each person interested, shall be made a judgment of the county court. Ib., 102, § 14 to 17.

§ 315. If within a year after saving wrecked

property no claimant of the property or its proceeds appears, or if within three months after a claim the salvage and expenses have not been

paid, or a suit for the recovery of the property or its proceeds has not been commenced, the officer in whose custody it may be shall sell it at public auction, if not already sold, and when sold shall pay the proceeds, deducting salvage and expenses, into the treasury of this state, for the benefit of the parties interested; but in no case shall any deduction of salvage and expenses be made, unless the amount has been determined by the county court of the county, a copy of whose order, and of the evidence in support thereof, shall be transmitted by the judge to the comptroller.

If

any money paid to a county treasurer, under section 308, remains in his hands more than a year after the finding, the same shall be also paid into the treasury of the state.

2 R. S., 102, § 18.

sale.

§ 315. Public notice of every sale of wrecked Notice of property, under the provisions of this article, shall be previously published by the officer making the sale, for at least two weeks in succession, in one or more of the newspapers printed in the city of New York. Every such notice must state the time and place of the sale, and contain a particular description of the property to be sold.

Ib., 103, § 20.

wrecked property.

§ 316. Every sheriff, coroner or wreck-master, Notice of into whose possession any wrecked property may

come, must immediately thereafter publish, for at

Expense of notice.

Officers to present all offenses.

least four weeks in succession, in one or more of the newspapers printed in the city of New York, a notice directed to all parties interested, giving a minute description of the property, and of every bale, bag, box, cask, piece or parcel thereof, and of all the marks on each, and stating where the same then is, and its actual condition, the name, if known, of the vessel from which it came, her master and supercargo, and the place where such vessel then is, and her actual condition.

2 R. S., 103, §§ 21, 22.

§ 318. The expenses of publishing every notice under the provisions of this article, shall be charged on the property or proceeds to which it relates.

Ib., § 23.

§ 319. It is the duty of all judges, sheriffs, justices of the peace, coroners, constables and wreck-masters, to present to the grand jury, at the next court of sessions therein, all offenses and offenders against the provisions of this article, within their respective counties, that come to their knowledge.

Ib., § 27.