TITLE 12 posted and $ 19. Every such order or rule, when granted, shall be orders to be entered at length by the clerk of the county, in the minutes entered, of the court, kept by him; and a certified copy thereof shall published. be immediately posted by him on the outer door of the courthouse of the same county, and continued for six Mondays successively, after the granting of such order or rule. Such copy shall also be published for three weeks successively in a newspaper, as provided in the last preceding section. ders to take $20. After such order or rule shall have been duly posted When orand published for the period above prescribed, it shall be effect. binding on all persons; and every person who shall violate the same, shall, for every such offence, forfeit the sum prescribed therein, for the use of the poor. by whom S21. The costs and expenses incident to every application Expenses, for any such order or rule, shall be paid by the persons who paid. shall have signed the notice of the application. See Laws of 1831, ch. 203; 1840, ch. 267; 1845, ch. 31; 1849, ch. 194; 1851, ch. 478; 1857, ch. 497; ch. 290; ch. 732; ch. 514; 1858, ch. 163. Post, vol. 4, pp. 95, 97, 98. Laws of 1864, ch. 288. Post, vol. 6, p. 253. TITLE XII. OF WRECKS. SEC. 1. Wrecked property to be recovered by owners. 2. Sheriffs, coroners and wreck-masters to take charge of wrecks. 3. When wreck may be sold. 4. Sale how to be made; proceeds to whom paid. 5. Upon claim, order for wreck or its proceeds to be granted. 6. Bond to be given previous to order. 7. Where to be filed; when to be prosecuted. 8. Owner may sue for property, although claim rejected. 9. Person having wreck, to state claim for salvage. 10. Duties of wreck-masters. 11. Officers and citizens to aid them, when required. 12. Officers, &c., entitled to salvage and expenses. 13. Extent of salvage. 14 & 15. If salvage, &c., not settled, appraisers to be appointed. 16. Appraisers to be sworn; their powers; effect of their decision. 17. Appraisers' fees and expenses, by whom paid. 18. When wrecked property to be sold and proceeds paid into treasury. 20. Notice of sale of wrecked property to be published in New-York. 21. Officer having custody of wrecked property, to publish notice. 22 & 23. Contents of notice; expense of publishing how defrayed. 24. Penalty on officers violating provisions of this Title. 25. Penalty on persons for not delivering to officers. 26. Punishment for defacing marks, &c., or destroying invoices, &c. 27. Officers to complain of offenders to grand jury. [690] &c., of 1. No ship, vessel, or boat, nor any goods, wares, and owners, merchandize, that shall be cast by the sea upon the land, shall wrecked be deemed to belong to the people of this state, as wrecked property to property, but may be recovered by the owner, consignee, or same. person having the charge thereof, at the time of the happening recover TITLE 12. Powers and duties of of the disaster by which the wreck was occasioned, upon the payment of a reasonable salvage, and necessary expenses. This Title is founded upon the act at p. 68, 1 R. L., from which it differs essentially in the details; 7 N. Y., 558; 7 B., 116; 3 B., 207. S2. The sheriff, coroners and wreck-masters of every county in which any wrecked property shall be found, when and wreck no owner, or other person entitled to the possession of such sheriffs, coroners masters. Proceedings for sale of wreck. [691] Sale; pro ceeds how property, shall appear, shall severally have power, and it shall be their duty, to pursue all necessary measures for saving and securing such property; to take possession thereof, in whose hands soever the same may be, in the name of the people of this state; to cause the value thereof to be appraised by indifferent persons; and to keep the same in some safe place, to answer the claims of such persons as may thereafter appear entitled thereto. $ 3. If the property so saved shall be in a perishable state, so as to render the sale thereof expedient, it shall be the duty of the officer in whose custody the same shall be, to apply to the first judge of the county, by a petition supported by an affidavit of the facts, for an order authorising such sale; and if the judge to whom such application shall be made, shall be satisfied that a sale of the property would be most beneficial to the parties interested, it shall be his duty to make the order so applied for. S4. If such order be made, the officer having custody of disposed of the property directed to be sold, shall sell the same at public auction, at the time and in the manner that shall be specified in the order, and the proceeds of such sale, deducting the expenses thereof, as the same shall be settled and allowed by the judge making the order, shall be paid to the treasurer of the county in which the property shall have been found. Order for wreck or claimant year. $5. If within a year after such wrecked property shall have proceeds to been found and saved, any person shall claim the same or the within one. proceeds thereof, as owner or consignee, or as the agent of the owner or consignee, and shall establish his claim by evidence, which the first judge of the county shall deem to be satisfactory, it shall be the duty of such judge to make an order directing the officer, in whose possession such property or the proceeds thereof shall be, to deliver or pay the same to the claimant, upon the payment by him of a reasonable salvage, and all necessary expenses incurred in the preservation and keeping of such property. Bond to be given. Its condition. $ 6. No such order shall however be made, unless the claimant shall deliver to such judge a bond, with one or more sufficient sureties to be approved of by the judge, conditioned for the payment of all damages that may be recovered against such claimant or his representatives, within two years after the date of such bond, by any person establishing his title as owner of the property, or proceeds, to be delivered. The TITLE 12. bond shall be taken in the name of the people of this state, and the penalty shall be double the value of the property or Its penalty. proceeds before mentioned. when prose $ 7. The bond shall be filed in the clerk's office of the To be filed; county in which it shall be taken. If it shall become forfeited, cuted.* it shall be the duty of the first judge of such county, upon the application, supported by due proof, of the person entitled · to the damages mentioned in the condition of the bond, to make an order for the prosecution thereof, for the benefit of such person and at his risk and expense. sue, al claim salvage to ting. $ 8. The rejection by the judge, to whom it may be exhibi- Owner may ted, of any claim for wrecked property, shall not preclude though the claimant from maintaining a suit for the recovery of such rejected. property or its proceeds, against the officer in whose hands the same shall be; but if the plaintiff in any such suit shall prevail, there shall be deducted, in addition to the salvage and expenses charged on the property, from the damages to be recovered, all the costs of the defendant in making his defence. S9. It shall be the duty of every officer to whom any order Claim for duly made, for the delivery of wrecked property, or the pay- be in wri ment of its proceeds, shall be directed, to present to the claimant exhibiting such order, a written statement of the claims for salvage and expenses on such property and proceeds. If the claimant shall refuse to allow such claims, the On being amount of such salvage and expenses shall be adjusted in the manner hereinafter provided, and in all cases, after the payment or tender of the payment of such salvage and expenses, as agreed to, or adjusted, the officer, in whose custody such property or proceeds shall be, shall deliver or pay the same, according to the terms of the order, directed to him. [692] paid, pro perty, &c., to be deli vered. wreck $10. It shall be the duty of the wreck-masters, in the Duties of several counties, in which they shall be appointed, to give all masters. possible aid and assistance to all vessels stranded on the coasts of their respective counties, and to the persons on board the same, and to use their utmost endeavors to save and preserve such vessels and their cargoes, and all goods and merchandize which may be cast by the sea upon the land; and in the performance of these duties they shall employ such and so many men as they may respectively think proper. 3 B., 205. $ 11. It shall be the duty of all magistrates, constables and citizens to aid and assist the wreck-masters, when required in the discharge of their duties. officers and ! aid them.. citizens to, &c., enti &c., S 12. All sheriffs, coroners and wreck-masters, and all officers, persons employed by them, and all other persons aiding and tied to sal-assisting in the recovery and preservation of wrecked property, vae, &c shall be entitled to a reasonable allowance as salvage, for wreck may their services, and to all expenses incurred by them, in the tained. performance of such services, out of the property saved, and be de TITLE 12. the officer having the custody of such property shall detain the same, until such salvage and expenses shall be paid. 3 B., 208. Extent of S 13. The whole salvage that shall be claimed in any case salvage, &c. shall not exceed one half of the value of the property or proceeds on which such salvage shall be charged, and every agreement, order or adjustment allowing a greater salvage shall be void. Proceedings to as certain sal vaged &c., if disputed. Ib. [693] to be sworn. ers. $ 14. If in any case, the amount of salvage and expenses on property saved, shall not be settled by the agreement of the parties, the owner or consignee of such property, or the master or supercargo having charge thereof at the time the same was wrecked, or a claimant having an order for its delivery, may apply to any one of the judges of the county court of the county in which such property shall be, for the appointment of suitable persons as appraisers, to adjust and settle the amount of such salvage and expenses. S 15. It shall be the duty of the judge to whom such application shall be made, by an order under his hand and seal, to appoint three disinterested freeholders of the county, not inhabitants of the town in which the property shall have been saved, to adjust and settle such salvage and expenses. $ 16. The persons so appointed, before they shall enter on Appraisers the performance of their duties, shall be sworn to perform faithfully and impartially the duties of their trust, before any officer authorised to administer oaths. They shall have Their pow power to issue compulsory process for the attendance of witnesses, and to administer oaths to all witnesses who shall attend or be produced; and their decision, or that of any two of them under their hands, as to the amount of salvage and expenses that ought to be paid, and the sums to be paid to each person entitled to share in such salvage, or claiming such expenses, shall be final and conclusive. Effect of their decision. Fees and expenses, be paid. $17. The fees and expenses of the appraisers shall be paid by whom to by the person upon whose application they shall have been appointed, and shall be a charge on the property saved. Each appraiser shall be entitled to two dollars for each day's necessary attendance, and to a sum not exceeding one dollar for his daily expenses. When wrecked be sold; S 18. If within a year after wrecked property shall have property to been saved, no person shall have appeared to claim the same, or if within three months after a claim shall have been preferred, the salvage and expenses on such property shall not have been paid, or a suit for the recovery of the property have been commenced, it shall be the duty of the officer in whose custody such property shall be, to sell the same at Proceeds to public auction, and to pay the proceeds of such sale, deduct ing salvage and expenses, into the treasury of this state, for deductions the benefit of the parties interested; but in no case shall any for salvage deduction of salvage and expenses be made, unless the amount be paid into treasury; thereof shall have been settled upon due proof, by an order of the first judge of the county in which the property shall have been saved, a copy of which order and of the evidence in support thereof, shall be transmitted by the judge making it, to the comptroller. TITLE 12 to apply to $ 19. The provisions of the preceding section shall be con- Last section strued to apply to the proceeds of wrecked property, so far as proceeds of relates to the time and manner of settling the salvage and old expenses chargeable thereon. The balance of such proceeds, after the salvage and expenses, as settled, shall have been deducted, shall be paid by the county treasurer into the treasury of this state. sales, when $ 20. Public notice of every sale to be made of wrecked Notices of property, under the provisions of this Title, shall be published to be pubby the officer making the sale, for at least two weeks in lished, succession in one or more of the newspapers printed in the city of New-York. Every such notice shall state the time and place of the sale, and shall contain a particular description of the property intended to be sold. wrecked S21. Every sheriff, coroner, or wreck-master, into whose Notice of possession any wrecked property shall come, shall immediately property to thereafter publish a notice directed to all parties interested, lished. be pubfor at least four weeks in succession, in one or more of the newspapers printed in the city of New-York. [694] notice. S22. Every such notice shall contain a minute description Contents of of such wrecked property, and of every bale, bag, box, cask, piece or parcel thereof, and of the marks, brands, letters and figures on each, and shall state where such wrecked property then is, and its actual condition, and the name, if known, of the vessel from which it was taken or cast on shore, and of the master and supercargo of such vessel, and the place where such vessel then is, and its actual condition. S23. The expenses of publishing every notice directed to Expense, how paid. be published in this Title, shall be charged on the property or proceeds to which such notice shall relate. on officers tions of S24. Every sheriff, coroner, wreck-master, or other officer, Penalties who shall detain in his hands any wrecked property or the for violaproceeds thereof, after the salvage and expenses chargeable this Title. thereon shall have been agreed to or adjusted, and the amount thereof shall have been paid, or offered to be paid to him, or who shall be guilty of any fraud, embezzlement or extortion, in the discharge of his duties, or who shall, in any manner, violate the provisions of this Title, shall forfeit treble damages to the party injured, and shall be deemed guilty of a misde Ineanor. having deliver $ 25. Every person who shall take away any goods from Persons any stranded vessel, or any goods cast by the sea upon the wrecked land, or found in any bay or creek, or who shall knowingly property, to have in his possession any goods so taken or found, and shall same, &c. not deliver the same to the sheriff, or one of the coroners or wreck-masters of the county where the same shall have been found, within forty-eight hours after the same shall have |