Property lost at sea is regulated by different rules. Those who recover
abandoned vessels are entitled to salvage. Property absolutely lost upon
the high seas would seem to belong to the finder. It has been claimed
for the crown, and the American courts have held, that apart from a
decree the finder is only entitled to salvage rights, the court
retaining the rest, and thus practically taking it for the state on the
original owner not being found. The modern English law on the subject of
wreck (including everything found on the shore of the sea or tidal
river) is contained in the Merchant Shipping Act 1894. The finder must
forthwith make known his discovery to the receiver of wreck under a
penalty. He is entitled to a salvage reward, but the property belongs to
the crown or its grantee unless the true owner claims within a year. In
the United States unclaimed wreck after a year generally becomes the
property of the state. In Scotland the right to lost property is
theoretically in the crown, but the finder would not in practice be
interfered with except under the provisions of the Burgh Police
(Scotland) Act 1892. Section 412 requires all persons finding goods to
deliver them forthwith to the police under a penalty. If the true owner
is not discovered within six months the magistrates may hand them over
to the finder. If the owner appears he must pay a reasonable reward.
Domestic animals, including swans, found straying without an owner may
be seized by the crown or lord of the manor, and if not claimed within a
year and a day they become the property of the crown or the lord, on the
observance of certain formalities. In Scotland they were held to belong
to the crown or its donatory, usually the sheriff of a county. By the
Burgh Police Act above quoted provision is made for the sale of lost
animals and the disposal of the free proceeds for the purposes of the
act unless such be claimed. In the United States there is diversity of
law and custom. Apart from special rule, lost animals become the
property of the finder, but in many cases the proceeds of their sale are
applied to public purposes. When property is lost by carriers,
innkeepers or railway companies, special provisions as to their
respective responsibilities apply. As to finds of money or the precious
metals, see TREASURE TROVE.
Public-domain text, read in full here on John Shaqi.
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