Wreck and Salvage Act 1959

[4 August 1959]

[preamble and words of enactment omitted]

PART I

Interpretation

1 In this Act, unless the context otherwise requires—

[As to who in Bermuda may exercise the powers of the Receiver of Wreck see section 3(2) of the Merchant Shipping Act 1979 [title 31 item 16]]

"salvage" includes all expenses properly incurred by the salvor in performance of the salvage services;

"Shipping Master" means the Shipping Master at Hamilton;

"wreck" includes jetsam, flotsam, lagan, and derelict found in or on the shores of the sea or any tidal water.

2 [repealed by 1979:16]

Vessel in distress; duty of Receiver of Wreck

3 (1) Where a British or foreign vessel (which expression shall hereafter include a British or foreign aircraft) is wrecked, stranded, or in distress at any place on the shores of, or within the territorial or tidal waters of, Bermuda, the Receiver shall, upon being made acquainted with the circumstances, forthwith proceed thereto, and upon his arrival shall take the command of all persons present, and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel (in this Act referred to as "ship-wrecked persons") and of the cargo and apparel of the vessel.

(2) If any person wilfully disobeys the directions of the Re ceiver, such person commits an offence against this Act:

Punishment on summary conviction: a fine of $4,200;

but the Receiver shall not interfere between the master and the crew of the vessel in reference to the management thereof, unless he is requested to do so by the master.

Vessel in distress; powers of Receiver of Wreck

4 (1) The Receiver may, with a view to such preservation as aforesaid of shipwrecked persons, or of the vessel, cargo, or apparel—

(a) require such persons as he thinks necessary to assist him; and

(b) require the master, or other person having the charge, of any vessel near at hand to give such aid with his men or vessel as may be in his power.

(2) If any person refuses without reasonable cause to comply with any such demand, that person commits an offence against this Act:

Punishment on summary conviction: a fine of $8,400.

Entry on land to assist vessel in distress

5 (1) Whenever a vessel is wrecked, stranded, or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel or of saving the lives of the shipwrecked persons or of saving the cargo or apparel of the vessel, unless there is some public road equally convenient, pass and repass, either with or without vehicles or draught animals, over any adjoining lands without 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 vessel.

(2) Any damage sustained by an owner or occupier in conse quence of the exercise of the rights given by this section shall be a charge on the vessel, cargo, or article in respect of or by which the dam age is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined and shall, in default of payment, be recoverable in the same manner as the amount of salvage is under this Act determined or recoverable.

(3) If the owner or occupier of any land—

(a) impedes or hinders any person in the exercise of the rights given by this section by locking his gates, or re fusing, upon request, to open the same, or otherwise;

(b) impedes or hinders the deposit of any cargo or other ar ticle so recovered from the vessel on the land; or

(c) prevents or endeavours to prevent any cargo or other ar ticle from remaining deposited on the land for a reason able time, until it can be removed to a safe place of pub lic deposit,

he commits an offence against this Act:

Punishment on summary conviction: a fine of $8,400.

Suppression of plunder

6 (1) Whenever a vessel is so wrecked, stranded, or in distress, and any person plunders, creates disorder, or obstructs the preservation of the vessel or of the shipwrecked persons or of the cargo or apparel of the vessel, the Receiver may cause that person to be apprehended.

(2) The Receiver may use force for the suppression of any such plundering, disorder, or obstruction, and may command all Her Majesty's subjects to assist him in so using force.

(3) If any person is killed, maimed, or hurt by reason of his re sisting the Receiver or any person acting under the orders of the Receiver in the execution of the duties of this Act committed to the Receiver, nei ther the Receiver nor the person acting under his orders shall be liable to any punishment, or to pay any damages, by reason of the person being so killed, maimed, or hurt.

Persons to act as Receiver of Wreck in his absence

7 (1) Where the Receiver is not present, the following officers in succession (each in the absence of the other, in the order in which they are named), namely, the Commissioner of Police, Deputy Commissioner of Police or a justice of the peace may do anything by this Act authorized to be done by the Receiver.

(2) An officer acting under this section for the Receiver shall, with respect to any goods or articles belonging to a vessel the delivery of which to the Receiver is required by this Act, be considered as the agent of the Receiver, and shall place such goods or articles in the custody of the Receiver; but he shall not be entitled to any fees payable to the Re ceiver or be deprived by reason of his so acting of any right to salvage to
which he would otherwise be entitled.

After vessel has been in distress Receiver of Wreck to hold examina tion of persons belonging to vessel

8 (1) Where any vessel, British or foreign, is or has been in dis tress on the coasts of Bermuda, the Receiver, or in the absence of the Receiver a magistrate, shall, as soon as conveniently may be, examine on oath (and they are hereby respectively empowered to administer the oath) any person belonging to the vessel, or any other person who may be able to give any account thereof or of the cargo or stores thereof, as to the following matters—

(a) the name and description of the vessel;

(b) the name of the master and of the owners;

(d) the ports from and to which the vessel was bound;

(e) the occasion of the distress of the vessel;

(f) the services rendered; and

(g) such other matters or circumstances relating to the ves sel, or to the cargo on board the same, as the person holding the examination thinks necessary.

(2) The person holding the examination shall take the same down in writing and shall send two copies thereof to the Shipping Master who shall place one of the said copies in some conspicuous situation for the inspection of persons desirous of examining the same, and shall oth erwise give such publicity thereto as he considers necessary, and shall transmit the other copy to the Secretary of Lloyd's in London.

Finder of wreck to notify Receiver of Wreck

9 (1) Where any person finds or takes possession of any wreck within Bermuda or the territorial or tidal waters thereof, or finds or takes possession of any wreck outside those limits and brings it within those limits, he shall—

(a) if he is the owner of the wreck, give notice to the Re ceiver, stating that he has found or taken possession of the same, and describing the marks by which the same may be recognized; or

(b) if he is not the owner of the wreck, as soon as possible give notice thereof to the Receiver,

and if any person fails, without reasonable cause to comply with this section, within one month of such finding or taking possession, he com mits an offence against this Act:

Punishment on summary conviction: a fine of $8,400; and in addition, if he is not the owner, shall be liable to forfeit any claim to salvage, and shall be liable to pay to the owner of the wreck if it is claimed, or if it is unclaimed to the Government, double the value thereof, recoverable be fore a court of summary jurisdiction in the manner provided by the Magistrates Act 1948 [title 8 item 15], for the recovery of a debt or liqui dated demand.

(2) Subject to subsection (1), the Governor may upon the appli cation of any person who has found or taken possession of any wreck, direct the Receiver to abandon any claim thereto on behalf of the Gov ernment of Bermuda, and in any such case such person shall be entitled to retain possession of such wreck, except as against the true owner or other person establishing title or claim thereto.

Keeping cargo or articles from wreck an offence

10 (1) Where a vessel is wrecked, stranded, or in distress at any place on or near the coasts of Bermuda or any tidal water within Bermuda, any cargo or other articles belonging to or separated from the vessel which may be washed on shore, or otherwise lost or taken from the vessel, shall be delivered to the Receiver.

(2) If any person, whether the owner or not, secretes or keeps possession of any such cargo or article, or refuses to deliver the same to the Receiver or to any person authorized by the Receiver to demand the same, that person commits an offence against this Act:

Punishment on summary conviction: a fine of $8,400.

(3) The Receiver or any person authorized as aforesaid may take any such cargo or article by force from the person so refusing to de liver the same.

Notice of wreck to be given by Receiver of Wreck

11 (1) Where the Receiver takes possession of any wreck, he shall within forty-eight hours—

(a) cause to be posted at Hamilton and St. George's Police Station and otherwise published in such manner as he
may deem fit, a description of the wreck and of any marks by which it is distinguished; and

(b) if in his opinion the value of the wreck exceeds two hun dred and forty dollars, send a copy of such description to the Shipping Master.

(2) The Shipping Master shall transmit to the Secretary of Lloyd's in London any copy of any description of any wreck sent to him by the Receiver under subsection (1).

Claims of owners to wreck

12 (1) Subject to section 29, the owner of an wreck in the posses sion of the Receiver upon establishing his claim to the same to the sat isfaction of the Receiver within one year from the time when the wreck came into the possession of the Receiver shall, upon paying the salvage, fees, and expenses due, be entitled to have the wreck or the proceeds thereof delivered up to him.

(2) Where any articles belonging to or forming part of a foreign vessel which has been wrecked on the shores of, or within the territorial waters of, Bermuda, or belonging to and forming part of the cargo of any such vessel are found on those shores or within those waters or are brought into any port of Bermuda, the consular officer of the country to which the vessel, or, in the case of cargo, to which the owner of the cargo, may have belonged shall, in the absence of the owner and of the master or other agents of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of the articles and of the wrecked vessel itself.

Sale of wreck of low value, damaged or perishable

13 The Receiver may at any time sell any wreck in his custody, if in his opinion—

(a) it is under the value of sixty dollars;

(b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept; or

(c) it is not of sufficient value to pay for warehousing, and the proceeds of the sale shall, after defraying the ex penses thereof, be held by the Receiver for the same purposes and subject to the same claims, rights, and li abilities as if the wreck has remained unsold.

Sale of unclaimed wreck

14 Where no owner establishes a claim to any wreck which has been found within the limits of the territorial or tidal waters of Bermuda or found or taken possession of outside those limits and brought within them, and which is in the possession of the Receiver, within one year af ter it came into the possession of the Receiver, the Receiver shall sell such wreck and shall pay the proceeds of the sale after deducting there from the expenses of sale and any other expenses incurred by, and the fees payable to, him in respect thereof and paying thereout to the salvors such amount of salvage as the Governor may, in each case or by any general rule, determine, into the Consolidated Fund.

Title

15 Upon delivery of wreck or payment of the proceeds of the sale of wreck by the Receiver in pursuance of this Act, the Receiver shall be dis charged from all liability in respect thereof, but the delivery thereof shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck.

Removing wreck outside territorial waters

16 If any person removes from within the limits of the territorial ju risdiction of the Government of Bermuda to any place outside those lim its, any vessel stranded, derelict, or otherwise in distress found on or near the coasts of Bermuda, or any part of the cargo or apparel of any such vessel, or anything belonging thereto, or any wreck found within the aforesaid limits, that person commits an offence against this Act:

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $8,400 or both such imprisonment and fine.

Interfering with wrecked vessel

17 (1) A person shall not without the leave of the master board or endeavour to board any vessel which is wrecked, stranded, or in distress, unless that person is, or acts by command of, the Receiver or a person lawfully acting as such, and if any person acts in contravention of the provisions of this section, he commits an offence against this Act:

Punishment on summary conviction: a fine of $4,200; and the master of the vessel may repel him by force.

(2) A person shall not—

(a) impede or hinder, or endeavour in any way to impede or hinder, the saving of any vessel stranded or in danger of
being stranded, or otherwise in distress on any coast of, or within the territorial or tidal waters of Bermuda or of any part of the cargo or apparel thereof, or of any wreck;

(b) secrete any wreck, or deface or obliterate any marks thereon; or

(c) wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded, or otherwise in distress, on any coast of, or within the territorial or tidal waters of Bermuda, or any part of the cargo or apparel thereof or any wreck,

and, if any person acts in contravention of this enactment, he commits an offence against this Act:

Punishment on summary conviction: a fine of $4,200 for each offence, and such fine may be imposed in addition to any punishment to which he may be liable by law under this Act or any other.

Search warrant

18 (1) Where the Receiver suspects or receives information that any wreck is secreted or in the possession of some person who is not the owner thereof, or that any wreck is otherwise improperly dealt with, he may apply to any magistrate for a search warrant, and that magistrate shall have power to grant such a warrant, and the Receiver, by virtue of such warrant, may enter any house or other place, wherever situate, and also any vessel, and search for such wreck, and seize and detain any such wreck there found.

(2) If any such seizure of wreck is made in consequence of in formation given by any person to the Receiver, on a warrant being issued under this section, the informer shall be entitled, by way of salvage, to such sum not exceeding in any case one hundred and twenty dollars, as the Governor, out of the Consolidated Fund, may allow.

Payment of salvage

19 Where any vessel is wrecked, stranded, or in distress at any place on or near the coasts of Bermuda or any tidal water within Bermuda, and services are rendered by any person in assisting that ves sel or saving the cargo or apparel or that vessel or any part thereof, and where services are rendered by any person other than the Receiver in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, apparel, or wreck a reasonable amount of salvage, to be determined in case of dispute in manner hereinafter mentioned.

Salvage disputes

20 (1) A dispute as to the amount of salvage whether of life or property and whether the services for which it is claimed have been ren dered within or outside the limits of the territorial jurisdiction of the Government of Bermuda arising between the salvor and the owners of any vessel, cargo, apparel, or wreck, if not settled by agreement, arbitra tion, or otherwise, shall be referred to and determined by the Supreme Court.

(2) A dispute relating to salvage may be determined on the ap plication either of the salvor or of the owner of the property saved, or of their respective agents.

Assessor

21 When a dispute as to salvage is referred to the Supreme Court for determination, the Court may for the purpose of determining such dispute, call in to its assistance any person conversant with maritime affairs as assessor, and there shall be paid as part of the costs of the proceedings to every such assessor in respect of his services such sum, not exceeding twenty four dollars for each day during which the pro ceedings continue, as the Court may direct.

Valuer

22 (1) Where any dispute as to salvage arises, the Receiver may, on the application of either party, appoint a valuer to value that property, and shall give copies of the valuation to both parties.

(2) Any copy of the valuation purporting to be signed by the valuer, and to be certified as a true copy by the Receiver, shall be admis sible as evidence in any subsequent proceedings.

Detained property

23 (1) Where salvage is due to any person under this Act, the Re ceiver shall—

(a) if the salvage is due in respect of services rendered in assisting any vessel, or in saving life therefrom, or in saving the cargo or apparel thereof, detain the vessel and cargo or apparel; and

(b) if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under
this Act, detain the wreck.

(2) Subject as hereinafter mentioned, the Receiver shall detain the vessel and the cargo and apparel or the wreck (hereinafter in this Act referred "detained property") until payment is made for salvage or pro cess is issued by the Supreme Court for the arrest or detention of the detained property.

(3) The Receiver may release any detained property if security is given to his satisfaction, or, if the claim for salvage exceeds two thou sand four hundred dollars and any question is raised as to the suffi ciency of the security, to the satisfaction of the Supreme Court.

(4) Any security given for salvage in pursuance of this section to an amount exceeding two thousand four hundred dollars may be en forced by the Supreme Court in the same manner as if bail had been given in that Court.

Sale of detained property

24 (1) The Receiver may sell any detained property, if the persons liable to pay the salvage in respect of which the property is detained are aware of the detention and the amount is not disputed, and payment is not made within twenty days after the amount is due.

(2) The proceeds of sale of detained property shall, after pay ment of the expenses of the sale, be applied by the Receiver in payment of the expenses, fees, and salvage incurred and payable in respect of such property, and so far as not required for that purpose, shall be paid to the owners of the property or any other persons entitled to receive the same.

Apportionment of salvage under $2,400

25 (1) Where the aggregate amount of salvage payable in respect of salvage services rendered in Bermuda has been finally determined, either in manner provided by this Act or by agreement, and does not exceed two thousand four hundred dollars but a dispute arises as to the appor tionment thereof among several claimants, the person liable to pay the amount may apply to the Receiver for liberty to pay the same to him; and the Receiver shall, if he thinks fit, receive the same accordingly, and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid, and that certificate shall be a full discharge and indemnity to the person by whom the money is paid and to his vessel, cargo, apparel, and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate.

(2) The Receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same on such evidence, and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent.

(3) A distribution made by the Receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed.

Apportionment of salvage by Supreme Court

26 When ever the aggregate amount of salvage payable in respect of salvage service rendered in Bermuda has been finally ascertained and exceeds two thousand four hundred dollars, and whenever the aggregate amount of salvage payable in respect of salvage service rendered else where has been finally ascertained, whatever that amount may be, then, if any delay or dispute arises as to the apportionment thereof, the Supreme Court may cause the aggregate amount of salvage payable to be apportioned among the persons entitled thereto in such manner as it thinks just, and may for that purpose, if it think fit, appoint any person to carry that apportionment into effect, and may compel any person in whose hands or under whose control the amount may be, to distribute the same or to bring the same into Court, there to be dealt with as the Court may direct, and may for the purposes aforesaid issue such pro cesses as it thinks fit.

Fees

27 (1) There shall be paid to the Receiver the expenses properly incurred by him in the performance of his duties and also, in respect of the several matters specified in the Schedule, such fees, not exceeding the amounts mentioned in the Schedule, as may be directed by the Gov ernor, but the Receiver shall not be entitled to any remuneration other than those payments.

(2) The Receiver shall, in addition to all other rights and reme dies for the recovery of the expenses and fees aforesaid, have the same rights and remedies in respect thereof as a salvor has in respect of sal vage due to him.

(3) Whenever any dispute arises as to the amount payable to the Receiver in respect of expenses or fees, that dispute shall be deter mined by the Governor whose decision shall be final.

(4) All fees received by the Receiver in respect of any services performed by him as such shall be paid into the Consolidated Fund.

PART II

Interpretation of Part II

28 (1) In this Part "historic wreck" means a wreck, and all the contents and appurtenances thereof, which is not less than fifty years old, or has been abandoned by the owners thereof, and is of historic in terest or value.

(2) In this Part "unprotected wreck" means any historic wreck declared by the Receiver by notice published in the Gazette to be an un protected wreck.

(3) In any proceedings under this Act, a certificate purporting to be under the hand of the Receiver declaring that any wreck is or is not an historic wreck or an unprotected wreck, as the case may be, shall be receivable in evidence and shall be prima facie evidence of that fact.

Historic wreck vests in Crown

29 Notwithstanding section 12 every historic wreck at any place on the shores or in the territorial or tidal waters of Bermuda shall vest in the Crown absolutely and shall be deemed to pass into the possession of the Receiver.

Protection of historic wrecks

30 (1) The Receiver may in his discretion grant to any person whom he is satisfied is a fit and proper person a licence to explore or re move or conduct research on any particular historic wreck or historic wrecks generally.

(2) The Receiver may attach to any licence issued under this section such terms and conditions as he may consider expedient.

(3) No person shall dive within the vicinity of an historic wreck or mark, mutilate, destroy, remove or otherwise interfere with or deal in or possess any such wreck or any part thereof or articles in the vicinity thereof unless authorized so to do by licence issued by the Receiver or otherwise than in accordance with a licence so issued to him.

(4) Any person who contravenes this section commits an of fence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine.

(5) For the purposes of this section "historic wreck" shall not include an unprotected wreck.

Compensation

31 (1) Where any historic wreck is reported to the Receiver and the right of release, referred to in subsection (2) is not, in the first instance, exercised then the Receiver shall pay to the finder of such wreck such compensation in respect of such wreck, or any articles recovered there from, as may be agreed between them or, in default of such agreement, such compensation as may be determined by a sole arbitrator, or arbi trators, appointed by the Governor:

Provided that in any such case the Governor shall have power to direct, in the alternative to paying any sum awarded by such arbitrator, or arbitrators, that such wreck or articles shall be released to the finder thereof.

(2) Notwithstanding section 29 and any law relating to the dis posal of Crown property it shall be lawful for the Receiver, with the ap proval of the Governor, to release, to the finder of an historic wreck, such wreck or any articles found therein or appurtenant thereto and in such case and upon such release the title to such articles shall pass to such finder.

(3) The Receiver by notice published in the Gazette may declare that, in relation to any unprotected wreck specified in the notice, sub section (2) shall have effect with respect to the release to the finder of ar ticles found therein without prior reference to the Receiver or the Gover nor.

Use of explosives or hoses near historic wreck an offence

32 Any person who, whether or not in possession of a licence re ferred to in section 30, without the express permission in writing of the Receiver uses, or causes to be used, any explosive or pressure air-hose, water-hose or vacuum-hose upon or in the vicinity of, an historic wreck commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $1,680 or both such imprisonment and fine.

Bermuda Historical Wrecks Authority established

33 (1) There shall be established a body of persons to be called the Bermuda Historical Wrecks Authority (hereinafter referred to as "the Authority") with a common seal and perpetual succession and power to sue and liability to be sued.

(2) The Authority shall consist of a Chairman and such other members (not being less than three nor more than seven) as may be ap pointed by the Governor, acting on the advice of the Minister of Finance,

For every examination on oath instituted by the Receiver with respect to any ves sel which may be or may have been in distress, a fee not exceeding:	$60.00
But so that in no case shall a larger fee than one hundred and twenty dollars be charged for examinations taken in respect of the same vessel and the same occurrence, whatever may be the number of the deponents.
For every report required to be sent to the Secretary of Lloyd's, in London, the sum of:	$12.00
For wreck taken by the Receiver into his custody, a percentage of five per cent upon the value thereof.
But so that in no case shall the whole amount of percentage so payable exceed six hundred dollars.
In cases where any services are ren dered by the Receiver in respect of any vessel in distress, not being a wreck, or in respect of the cargo or other articles belonging thereto, the following fees in stead of a percentage, that is to say, if the vessel with her cargo equals or ex ceeds in value twelve thousand dollars, the sum of sixty dollars for the first, and the sum of twenty four dollars for every subsequent day during which the Re ceiver is employed in that service, but if the vessel with her cargo is less in value than twelve thousand dollars, one half of the abovementioned sums.

Bermuda Consolidated Legislation

Wreck and Salvage Act 1959