Flotsam, Jetsam And Ligan

Press, Volume CIII, Issue 30604, 21 November 1964, Page 5

Flotsam, Jetsam And Ligan

(Specially written for “The Presj") work of the Timaru fishermen in salvaging cargo jettisoned from the motorvessel Treneglos when she was aground on the Patiti reef this week brings into focus the ancient laws governing wreckage rights.

The office of receiver of wreck has been a post in the Customs Department since its establishment in New Zealand —long before there was any Marine Department—and stems from Imperial legislation.

be held to be the rightful owners.

It is within the duty of receivers of wreck, as defined by the acts, to ensure the safe custody of wrecked property and to restore it to its owners.

It appears clear to the layman that the Timaru fishermen were at first engaged in the work of lightermen, and that their trawlers were, in effect, lighters as they carried cargo unloaded in an orderly and normal manner from the freighter to the harbour.

It is not the duty of the receivers of wreck to decide who is the owner of wreckage. In deciding the ownership of jettisoned cargo, the question of intent in jettisoning could, perhaps, be the deciding factor in ownership. If a ship were many miles from land and sinking and jettisoning of cargo the only way of saving it, it could be reasonably argued that the cargo jettisoned was wrekage abandoned without hope of recovery.

As such, it would seem apparant that they would be employed on rates of pay, wages, to be struck by bargaining. When cargo was jettisoned —that is thrown adrift into the sea, it clearly under the Shipping and Seamans Act of 1877 and its amendment of 1952 became “jetsam.” Definitions Jetsam is defined as objects thrown or disposed of from a wreck; flotsam is objects floating from a wreck; ligan is objects sunk and marked with a buoy from a wreck. If the bales of wool which sank after being jettisoned before the fishermen could salvage them are marked with buoys, then they clearly become ligan. It could be argued that while the freighter was on the reef she was, in herself, a marker buoy. The Treneglos while on the reef was, legally, a wreck, but was obviously not “derelict” within the meaning of the act —“a wreck abandoned by its owners without hope of recovery.” In the act “wreck” is defined as including ship, cargo, fixtures, flotsam, jetsam and ligan. Therefore if any “wreck” (wreckage in the layman’s language) is abandoned by its owners “without hope of recovery” it becomes “derelict”

During the Second World War an American cargo ship was abandoned by the crew at the height of a storm in the Atlantic, leaking, listing and rolling almost through 90 degrees. The ship was still afloat when the storm began to abate. It was taken in tow by a British ship and taken safely to port. It was held that the ship and its contents was “derelict” abandoned without hope of recovery by its owners—and that those who salvaged it were the owners. The “prize” money from the sale of the ship was apportioned amongst members of the crew of the salvage ship.

The interest of the Customs Department and hence, receivers of wreck, is the protection of Customs revenue. Under the acts “wreck” is subject to Customs duties. At the time of writing, the owners of the dumps of wool which sank on being jettisoned had not marked their position with buoys. If wool is salvaged, it will come within the jurisdiction of the Receiver of Wreck at Timaru on the ground that it is his duty to restore “wreck” to its owners.

The question of ownership of this wool is clearly bound up with the marking of it with buoys—if this is done it would become ligan and, as such, the salvagers would not be the owners. If the markers are not put out, it could well be that the wool at the sea bottom could be derelict and. as such, the salvagers could be held to be the owners.

Thus, cargo jettisoned without hope of recovery could be held to be derelict and the salvagers of it could