WIDE POWERS

Evening Star, Issue 20375, 6 January 1930, Page 11

WIDE POWERS

“RECEIVER OF WRECK". SOME HEAVY PENALTIES “ Tho Minister shall have the gen* era I superintendence of all matters relating to wreck or salvage, and he may from time to time appoint any offider of Customs, or, where it appears to him to be more convenient, any other person, to be a Receiver' of Wreck, ■ states section 252 of the Shipping- and Seamen Act. Wreck is defined to' include “ jetsom, flotsani, lagan* and derelict found in or on tW shores of the sea or any tidal water.’' The unusual words in the last quotation have very definite meanings. “Jetsam” means, goods jettisoned, or deliberately thrown overboard from a ship in distress. “ Flotsam ” means wreckage found floating. “ Lagan ” means goods or wreckage found lying on the bed of the sea. “ Derelict ” is wreckage which has been abandoned. Wide duties and wide (powers are assigned to a Receiver of Wreck by the same Act, and in view of the fact that such a Receiver has been appointed in connection with the wreck ot the Manuka, a summary of these duties and powers is of interest at tho present time. i. . The Receiver, upon ins arrival at the scene of a wreck, takes command of all persons present, and can assign such duties and give such directions as he thinks fit for the preservation of the ship and of the lives of the persons on board, and of ■ the “ cargo and apparel” of the ship; but he must not interfere between tho master and crew, or take charge of any ship, cargo, or tackle contrary to. the .expressed wish of the master or o\vner. Wilful disobedience of the directions or the Receiver is punishable with a £od fine, but any person who refuses to assist personally when commanded to do so, or to lend any wagon, cart, or horses that may be near at hand, is liable to a fine of £IOO. “Whenever a ship is wrecked, stranded, or in distress,” says tho Act, “ all persons for the purpose of rendering assistance for the saving of lives or cargo may, unless there is some public road equally convenient, pass and repass, either with or .without carriages or horses, over any adjoining lands withqut being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered' from the ship.” A fine not exceeding £Rw awaits the owner or' occupier who 1 refuses to unlock his • gates or to.'"provide access over his land, it will ba noticed that in this section of the Act, as in the previous one quoted about the righs of the Receiver to requisition carriages and horses,; no mention is made of motor vehicles. The.. New Zealand Act is dated ,1908, and is founded upon the English Act ,of much older date, an Act which was aimed ot the suppression of the wrecker, who carried on a thriving business on tho more deserted parts of Great Britain's .long and rugged coastline. - A:j a wreck the Receiver may cause anv person who plunders, creates disorder, or obstructs, .to be apprehended and he may use force for the suppression of any such plundering, disorder,or obstruction, and he may command anv of His Majesty’s subjects to assist him in so using force. It any Prison is killed, maimed, or hurt by feafo.i of his resisting the Receiver or tmv other person acting under the oidors of tho Receiver in the execution of his duties, neither .the Receiver nor the persons acting under his orders shall be liable to any punishment or to pay any damages by reason of the peison being so killed, maimed, or huit. Tho Receiver may also use force to take cargo and articles from persons who have collected them without authority, so obviously the Receiver of Wreck is ouite a formidable/person, or wide powers, with whom it would not pay to fall foul. ■ . Dire penalties under the Apt await those who.“take into any place out of New Zealand any ship, stranded* derelict, or otherwise found on or near the coasts of . New. Zealand, or any tidal water within-rUm limits of New Zealand, or«any, part of tho cargo or apparel thereof, or anything belonging thereto, on any wreeic found within these limits, and tnere sells the same.” A £SO penalty and the liability to he repelled by force awaits the venturesome soul who would board a wreck, and substantial fines ormpnsohment may bo meted who remove any cargo or fittings, and on those who “ secrete any wreck or who deface or obliterate any marks thereon.” .