Reginald Godfrey Marsden and George Grenville Phillimore

“ An examination is also directed to be held, in cases of ships in distress on the coasts of the kingdom, by a wreck receiver, wreck commissioner or his deputy, at the request of the Board of Trade or a justice of the peace, by evidence on oath as to the name and description of ship, name of master, shipowner and owner of cargo, ports to and from which the ship was bound, the occasion of the ship's distress, the services rendered and the like. ”

“ The system under which the lord-admiral and the vice-admirals of counties had for more than three centuries taken charge of wreck never worked well. Their interest was directly opposed to their duty; for it was to the interest of every one concerned, except the owners and crews of ships in distress, that nothing should land alive. Apart from this, the system discouraged legitimate salvors. The admirals and vice-admirals had by degrees assumed that all salvage operations were exclusively their business ”

“ Where the title to unclaimed wreck is disputed, the dispute may be settled summarily as in cases of salvage; either party, if dissatisfied, may within three months after a year since the wreck came into the hands of the receiver proceed in any competent court to establish his title. Delivery of unclaimed wreck by the receiver discharges him from liability, but does not prejudice the title thereto. The Board of Trade has power to purchase rights of wreck. No person exercising admiralty jurisdiction as grantee of wreck may interfere with wreck otherwise than in accordance with the act. ”

“ Although a landowner of the present day, who under such a grant is entitled to wreck, will, in respect of wreck itself, derive no substantial benefit, nevertheless the grant may be of great value as evidence of his right to the foreshore; and even where no grant of wreck can be produced, if he can show that he and his predecessors have been accustomed to take possession of wreck on the foreshore, it is strong evidence as against the crown of his right to the foreshore, and a lost grant may be presumed. ”

“ Any one finding wreck, if he is the owner of it, must give notice of his having done so to the receiver of the district, and if he is not the owner he must deliver it to that officer as soon as possible, except for reasonable cause, e.g. if, as a salvor, he retains it with the knowledge of the receiver. No articles belonging to a wrecked ship found at the time of the casualty must be taken or kept by any person, whether their owner or not, but must be handed over to the receiver. ”

“ Under the Merchant Shipping Act, it is a felony to take wreck found in territorial limits to a foreign port, and it is punishable by fine to interfere with a wreck. The receiver has power, by means of a search warrant from a justice, to search for wreck which he has reason to believe is concealed. By the general criminal law in Scotland plundering wreck is punishable at common law ”

“ Where wreck is not claimed by an owner within a year after it was found, and has been in the hands of a receiver, it can be claimed by the person entitled to wreck in the place where it was found, and he is entitled to have it after paying expenses and salvage connected with it; if no such person claims it, it is sold by the receiver, and the net proceeds are applied for the benefit of the crown, either for the duchy of Lancaster or the duchy of Cornwall ”

“ In the absence of the receiver, his powers may be exercised by the following officers or persons in successive order, viz. a chief officer of customs, principal officer of coast-guard, inland revenue officer, sheriff, justice of the peace, and naval or military officer on full pay. These persons act as the receiver's agent and put the salvage in his custody, but they are not entitled to any fees nor are they deprived of any right to salvage by so doing. ”

“ Grants of wreck to individuals are earlier than those to towns. Even before the conquest it seems to have been not unusual for grantees from the crown of lands adjoining the sea to get the franchise of wreck included in their grants. ”

“ In the Isle of Man unreclaimed wreck, whether cast on shore or found in the sea, within the headlands of Man, belongs to the lord, now the crown by purchase from the duke of Athol; in the Channel Islands all wreck cast on shore or within reach of a person standing on shore, except certain valuables which go to the crown, belongs to the lord of the manor if not reclaimed within a year and a day ”

“ If he abandons her to any other person—e.g. an underwriter—who pays for her as for a total loss, that person does not become liable for her unless he takes possession or control in any way. Harbour authorities generally have by local statute, as they have by the general Harbours, Docks and Piers Clauses Act 1847 (if incorporated in their own act) , the power of removing the wreck in such a case, and recouping themselves for their expenses from its proceeds. The general act also gives a personal right of action against the owner for any balance of expense over the value of the wreck ”

“ The distinction that Hale draws in the above passage between sea waifs or estrays taken on the high seas, and those taken in the seas of the realm, seems to be founded on the occupatio of the civil law ”