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Officers, &c., enti

tled to sal

vage.

Penalties on officers.

merchandise which may be cast by the sea upon the land; and to this purpose they shall employ such and so many men as they may respectively think proper. It is the duty of all magistrates, constables and citizens to aid the wreck-masters when required.

2 R. S., 101, §§ 10, 11.

302. All sheriffs, coroners and wreck-masters, and all persons employed by them, or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in the performance of such services, out of the property saved; and the officer having the custody of such property shall detain it until the same are paid; but the whole salvage claimed shall not exceed one-half of the value of the property or proceeds on which it is charged; and every

agreement, order or adjustment allowing a greater salvage is void.

Ib., 102, §§ 12, 13.

303. Any officer who detains

any

wrecked

property or the proceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and been paid or offered to him, or who is guilty of any fraud, embezzlement or extortion in the discharge of his duties, or violates any provision of this article, shall forfeit treble

damages to the party injured, and is guilty of a misdemeanor.

2 R. S., 103, § 21.

§ 304. Every person who takes away any goods Persons

having wrecked

an officer.

to

from any stranded vessel, or any goods cast by property to the sea upon the land, or found in any bay or creek, or who knowingly becomes possessed of any such, and does not deliver the same, within forty-eight hours thereafter, to the sheriff or one of the coroners, or wreck-masters of the county where the same were found, shall forfeit treble their value to the owner or consignee thereof, and is guilty of a misdemeanor.

Ib., 103, § 25.

any manner

marks and destroying invoices.

§ 305. Every person who defaces or obliterates Defacing the marks on wrecked property, or in disguises the appearance thereof, with intent to prevent the owner from discovering its identity, and every person who destroys or suppresses any invoice, bill of lading, or other document tending to show the ownership, is guilty of a misdemeanor.

Ib., 105, § 26.

re

wrecked property

Owners of

§ 306. Wrecked property may be kept or claimed at the time of the wreck, by the owner, may recover

consignee, or other person entitled to possession, but if any person has a just claim for salvage and necessary expenses incurred in saving it, they must be paid before the property is recovered.

2 R. S., 100, § 1.

it.

Duty of sheriff's,

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.

§ 312. The rejection by the judge of any claim 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.

Owner

may sue,

although

claim re

jected.

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

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