Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
WRECKS, in their legal acceptation, are at present not very frequent:
it rarely happening that every living creature on board perishes; and
if any should survive, it is a very great chance, since the
improvement of commerce, navigation, and correspondence, but the owner
will be able to assert his property within the year and day limited by
law. And in order to preserve this property entire for him, and if
possible to prevent wrecks at all, our laws have made many very humane
regulations; in a spirit quite opposite to those savage laws, which
formerly prevailed in all the northern regions of Europe, and a few
years ago were still laid to subsist on the coasts of the Baltic sea,
permitting the inhabitants to seize on whatever they could get as
lawful prize; or, as an author of their own expresses it, "_in
naufragorum miseria et calamitate tanquam vultures ad praedam
currere_[p]." For by the statute 2 Edw. III. c. 13. if any ship be
lost on the shore, and the goods come to land (so as it be not legal
wreck) they shall be presently delivered to the merchants, they paying
only a reasonable reward to those that saved and preserved them, which
is intitled _salvage_. Also by the common law, if any persons (other
than the sheriff) take any goods so cast on shore, which are not legal
wreck, the owners might have a commission to enquire and find them
out, and compel them to make restitution[q]. And by statute 12 Ann.
st. 2. c. 18. confirmed by 4 Geo. I. c. 12. in order to assist the
distressed, and prevent the scandalous illegal practices on some of
our sea coasts, (too similar to those on the Baltic) it is enacted,
that all head-officers and others of towns near the sea shall, upon
application made to them, summon as many hands as are necessary, and
send them to the relief of any ship in distress, on forfeiture of
100_l._ and, in case of assistance given, salvage shall be paid by the
owners, to be assessed by three neighbouring justices. All persons
that secrete any goods shall forfeit their treble value: and if they
wilfully do any act whereby the ship is lost or destroyed, by making
holes in her, stealing her pumps, or otherwise, they are guilty of
felony, without benefit of clergy. Lastly, by the statute 26 Geo. II.
c. 19. plundering any vessel either in distress, or wrecked, and
whether any living creature be on board or not, (for, whether wreck or
otherwise, it is clearly not the property of the populace) such
plundering, I say, or preventing the escape of any person that
endeavors to save his life, or wounding him with intent to destroy
him, or putting out false lights in order to bring any vessel into
danger, are all declared to be capital felonies; in like manner as the
destroying trees, steeples, or other stated seamarks, is punished by
the statute 8 Eliz. c. 13. with a forfeiture of 200_l._ Moreover, by
the statute of George II, pilfering any goods cast ashore is declared
to be petty larceny; and many other salutary regulations are made, for
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