CHAPTER XIV.

An Act respecting the wilful destruction and casting away of Ships and Cargoes ; the custody of Shipwrecked Goods, and Trade and Navigation.

Punishment

stroying a ves

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any owner of, for wilfully decaptain, master, officer or other mariner belonging to, any sel, or causing ship or vessel, shall, within the body of any County of this it to be done. State, wilfully cast away, burn, sink, or otherwise destroy, the ship or vessel of which he is owner, or to which he belong, or in any wise direct or procure the same to be done, with intent or design to prejudice any person or persons, that hath underwritten, or shall underwrite any policy or policies of insurance thereon, or, of any merchant or merchants, that shall load goods thereon; or of any owner or owners of such ship or vessel; every person so offending, being thereof lawfully convicted, before the Supreme Judicial Court of this State, shall be deemed and adjudged a felon, and shall be sentenced to imprisonment for life, or for a term not less than five years, at the discretion of the Court: Provided nevertheless, That nothing herein contained shall be construed to bar or prevent the party injured from may also have having and maintaining his action for the damages, sustained damages. thereby.

Party injured

his action for

a vessel, with

SEC. 2. Be it further enacted, That if any owner of any Punishment ship or vessel shall equip, or fit out such ship, or vessel, for fitting out within this State, with intent that the same should be wilfully intent to be wilfully cast cast away, burnt, or otherwise destroyed, to the prejudice away. of any owner of any goods, laden on board said ship or vessel, or of any underwriter upon any policy, or policies of insurance upon such ship or vessel, or upon any goods laden thereon, and shall be thereof convicted before the Supreme Judicial Court of this State, such offender shall be sentenced to pay a fine not exceeding five thousand dollars, or be punished by solitary imprisonment for a term, not exceeding three months, and confinement to hard labour for a term, not exceeding five years.

SEC. 3. Be it further enacted, That if any owner of any Punishment ship or vessel, or of any goods laden on board such ship for making out

to defraud un

derwriters,

false invoice, or vessel, shall make out and exhibit, or cause to be made &c.of cargoes, and exhibited any false or fraudulent bills of parcels, invoices, or estimates of any such goods, laden or pretended to be laden on board such ship or vessel, with intent to defraud any underwriter upon any policy or policies of insurance upon such ship or vessel, or upon any goods laden thereon; every person, so offending, and being thereof lawfully convicted, shall be sentenced to pay a fine not exceeding five thousand dollars, or be punished by solitary imprisonment, for a term not exceeding three months, and confinement to hard labour, for a term not exceeding five years.

Punishment for making any false affi

test.

SEC. 4. Be it further enacted, That if any captain, mate or mariner of any ship or vessel, shall make out and swear davit or pro- to any false affidavit, or protest; or if any owner of any such ship or vessel, or of any goods laden thereon, shall procure such false affidavit, or protest, or, knowing the same to be false, shall exhibit the same, with intent to deceive and defraud any underwriter upon any policy of insurance upon any such ship or vessel, or any goods laden thereon, every person convicted thereof before the Supreme Judicial Court aforesaid, shall be punished in the manner prescribed in the third section of this Act.

Governor to

missioners of

tjes,

sworn.

SEC. 5. Be it further enacted, That the Governor, with appoint Com- the advice of Council, be, and he is hereby authorized to ap-. wrecks in the point, in the several counties of this State, a sufficient numseveral coun- ber of COMMISSIONERS, removeable at the pleasure of the executive, oF WRECKS and LOST GOODS, all of whom shall be who are to be commissioned and sworn to the faithful performance of their duty, and shall give bond to the Judge of Probate for the bond to Judge County in which they reside, with sufficient sureties to the of Probate; acceptance of said Judge, for the faithful discharge of their same remedy trust. And the same remedy may be had, on said bonds, to administration any owner, agent, or other person interested in said property, as is had on bonds, given to Judges of Probate, for the faithful administration on estates.

And to give

thereon, as on

bond.

Commissioners to take charge of wrecked goods,

SEC. 6. Be it further enacted, That any Commissioner, appointed in pursuance of this Act, immediately on receiving information of any shipwreck, finding of any goods or shipwrecked property of any kind, to the amount of one hundred dollars, or upwards, on any of the shores, or waters,

ventory, and

er, on payment

expenses and

within this State, shall immediately repair to said property, and in case the same is unattended by any owner, or agent, shall take charge of the same for the lawful owner; and in the best way and manner, in his power, preserve and secure and take an inthe same; and said Commissioner shall have all the power make oath and authority of a fireward to preserve and secure the same, thereto, when and compel assistance for that purpose; and it shall be owner, the duty of said Commissioner to take an inventory of the same, and when required by the owner, or agent of said property, or any insurance company, or underwriter, or other person interested in said property, shall make, oath that the same is the whole property which has come to his cus- and deliver the tody, and shall immediately deliver the same to the lawful same to ownowner, agent, or other person legally authorized to receive for services, it: Provided, he is paid or secured to be paid, such reason- custom house able compensation for his services and expenses, and such duties. custom house duties, as may be due from said property, or which may have been previously paid by said Commissioners; and said Commissioner and the owner, or agent, shall have power to agree on the proper compensation to be alCompensation lowed for said services and expenses: but in case they shall to be settled not agree, said Commissioner shall receive such sum, as shall by referees, if be awarded by referees, mutually chosen by the parties; said Commissioner to choose one referee, the owner, agent, or other person interested, another, and the two thus chosen, shall choose a third; and the referees thus appointed, and the parties thus appointing them, shall proceed in all respects as is required by "An Act for rendering the deci sion of civil causes as speedy and as little expensive as possible ;" and if either party shall be dissatisfied with the award of the referees aforesaid, notice shall be given to the opposite party and an appeal shall lie to the Supreme Judicial Court, next to be holden in and for the county, in which such property shall be found; and the Supreme Judicial Court shall have power to hear and determine the case, in the same manner, as if the cause came before them on an appeal from the Circuit Court of Common Pleas; and no owner or agent, or other person interested in said property, shall be holden to pay any charge to any other person for services or expenses, in taking or securing said property, than

not agreed by

the parties in

terested.

Appeal from decision of

referees to S.

Court.

the Commissioner aforesaid, unless it be that property taken and secured before the arrival of said commissioner; in which case said Commissioner shall, upon due hearing of all parties interested determine the compensation to be received as aforesaid, and from his award in writing there shall be no appeal, unless the sum demanded and allowed by said Commissioner shall exceed the sum of fifty dollars; in which case an appeal shall lie to the Supreme Judicial Court, to either party aggrieved by the doings of said Commisioner; and similar process shall be had by said Court as is had in cases carried by appeal from the Circuit Court of Common Pleas and in case any person or persons shall, after Penalty for secreting ship the arrival of the Commissioner aforesaid, intermeddle with wrecked prop- take, secrete, or detain any property shipwrecked or found as aforesaid, but as he or they are authorized and directed by the Commissioner, owner, or agent, or other person interested, he or they shall forfeit and pay the sum of one thousand dollars, for each and every offence, to be recovered by an action of debt in Court any to try proper the same; and val of a Com- the Commissioner, owner, agent, or other person interested, or either of them, are hereby authorized to bring said action and receive said penalty to their own use.

erty;

or intermeddling with it after the arri

missioner.

Commissioners on their

lish an account

of facts;

SEC. 7. Be it further enacted, That it shall be the duty arrival at any of the Commissioners aforesaid, immediately on their arrival wreck to pub- at any wreck or goods found as aforesaid, to publish in the most expeditious manner, the facts they shall ascertain, that the knowledge of the event may come to the owner, agent, or person interested, as soon as may be; and in all cases they shall publish the particulars of said shipwreck, or goods found, in the nearest newspaper to said shipwreck or penalty for ne- goods found, on penalty of fifty dollars, to be recovered by an action of debt, in any Court, proper to try the same, at the suit of the owner, agent, or other person interested, who are hereby authorized to bring said action and receive the penalty recovered, to their own use; and it shall and Commission- may be lawful for said Commissioners to dispose of so much ers may sell of said property, at public auction, within thirty days from the property taking the same into custody, as shall be sufficient to pay all duties, due for the same, to the Custom House, and shall forthwith pay, or give security to the Custom House officer,

glect.

sufficient of

at auction to pay duties,

cases may sell

If no

owner

appear, within one year, the Commissioner

inventory, or

Treasurer

on

for the discharge of the same; and in case the property so and in certain taken as aforesaid is perishable, and cannot be retained in the whole possession for one year, without essentially lessening its val- property. ue, and no owner, agent, or other person, interested in the same, shall appear to claim it, for the space of sixty days, it shall be the duty of said Commissioners to advertise said property in the public newspapers, and sell the same at auction to the best advantage, and if no owner, agent or other person, interested in said property, shall in one appear, year to claim said property, it shall be the duty of each of to present an said Commissioners to present an inventory of said property, account of received by him as aforesaid, or if sold, an account of sales sales, to State to the-Treasurer of this State, and to make oath, that the oath. same is the whole property which has come to his possession, duties paid to the Custom House excepted, if said duties are paid; and shall pay over to the Treasurer aforesaid the whole balance remaining in his hands for the use of the State and the Treasurer aforesaid is hereby authorized to make said Commissioner such reasonable compensation for Commissioner his services and expenses, as shall be just and equitable, to sonable be ascertained in case of 'disagreement by said Commission- pensation ers and Treasurer, in the same way and manner, as is pro- er. vided for in this act, when said Commissioners and owners, or agents, shall not agree respecting such services and expenses and when any Commissioner, appointed in pursuance of this Act, shall neglect to inform the Treasurer of this State, of property, taken by him as aforesaid, for sixty days, after the expiration of the year, he may have held the same; or if so informing said Treasurer, he or they shall neglect to pay over the property aforesaid, to the Treasurer Attorney Genaforesaid, the Attorney General of this State is hereby au- eral to prosethorized and directed to commence a proper legal process sioner for defor the same, at the next term of the Supreme Judicial Court in the County where said Commissioner dwells, and shall pursue the same to final Judgment and execution, and pay the sums, recovered as aforesaid, to the Treasurer of said State and whereas it is of the greatest consequence to this State, and to the United States, to promote the increase

to receive rea

from Treasur

cute Commis

linquency.