No. 1. Ord. No. 6, 1860. PREAMBLE. Court of Inquiry into cases of wreck established. How constituted. Where and when to meet. Appointment of a Clerk. Process how served. Practitioners in the said Court. Boats and vessels to be licensed. No boat or without licence, number of li- present. CLASS IV. WRECKING VESSELS. No. 1.-ORDINANCE No. 6 of 1860. An Ordinance to amend and consolidate the Laws relating to Wrecks within these Islands, and to establish a Court to Inquire into cases of Wreck and to settle disputed cases of Salvage. (Passed 11th April, 1860. Confirmed 27th Oct., 1860.) WHEREAS it is expedient that the laws relating to wrecks within these islands should be consolidated and amended, and that a competent tribunal should be established within the same for holding special inquiries into wrecks, and for settling disputed cases of salvage; May it &c., I. That there shall be established within these Islands a Court, to be known by the title of the Court of Inquiry into cases of Wreck and Salvage of the Turks and Caicos Islands, which Court shall have cognizance of, and jurisdiction to inquire into, hear, try, determine, and settle all cases of wreck which may occur within these islands, and all cases of salvage which may be brought before it. II. That the said court shall consist of the Judge of the Supreme Court of these islands for the time being, and two fit and proper persons to act as assessors, who shall, from time to time, be nominated by the President. III. That the said Court shall be holden at the Court House at Grand Turk, and shall meet whenever the President shall direct a Court of Inquiry to be held, or whenever an appeal to such Court is made in manner hereinafter directed, and such Court shall have power to adjourn from time to time as often as may be necessary. IV. That it shall be lawful for the President to appoint some fit and proper person to be clerk to the said Court. V. That all summonses and warrants to be issued out of the said Court shall be under the hand of the Judge and the seal of the said Court, and shall be directed to the high constable, who shall serve the same, or cause them to be served by some other constable. VI. That all attorneys of the Supreme Court may practise as council of the said Court. VII. That from and after the commencement of this Ordinance, all vessels and boats intended to be employed, either casually or continually in wrecking within these islands, shall be licensed for that purpose, under the hand and seal at arms of the President, each of which licences shall have a distinguishing number, and shall be according to the form set forth in the Schedule to this Ordinance annexed, and shall continue in force for one year and no longer. VIII. That it shall not be lawful for the master and crew of any boat or vessel not licensed to work at any wreck, and any person working at a wreck in contravention of this clause shall forfeit all claim to salvage in respect of any services rendered by him: Provided always, that nothing herein contained shall be construed to extend to prevent unlicensed vessels or boats from being employed in rendering assistance to vessels, persons, and goods wrecked, stranded, or otherwise in peril, in cases where there may be no licensed vessels or boats, or not a sufficient number of licensed vessels or boats present to render efficient and timely aid to the particular vessel, persons, or goods so being there wrecked, stranded, or in peril. IX. That there shall be paid at the office of the Colonial Secretary at Grand Turk, and at the offices of the several acting secretaries of the colony, On the annual wrecking licence for every open boat For every vessel with a deck, of five and not exceeding ten tons burthen For every vessel of ten, and not exceeding twenty tons .. No. 1. Ord. No. 6, 1860. £ 8. d. Fees for li0 10 0 cences. 1 10 ployed in wrecking to enter into agreement in writing, except in cases of open boats. Number of licence to be marked in the flag to be displayed when employed at a Wreck, or For every vessel of twenty tons burthen and upwards X. That it shall not be lawful for the master of any vessel, Crews emlicensed under this Ordinance (open boats excepted) to employ on board of such vessel any person or persons without first entering into an agreement in writing with every such person in manner and in accordance with the form prescribed by, and under the penalties imposed by the Act of Assembly of the Bahama Islands, passed in the second year of Her present Majesty's reign, ch. 3. XI. That the master of every vessel or boat licensed under this Ordinance shall provide for such vessel or boat a flag, showing conspicuously the distinguishing number of her licence in dark figures at least eighteen inches long on a white ground, which flag shall always be displayed at the head of the mast, or of one of the masts, of such boat or vessel, while such boat or vessel is employed at any wreck, or in rendering assistance to any vessel in distress, as also on approaching any wrecked or stranded vessel, or any vessel in distress, and on entering port after having been at any such wreck, or employed in rendering assistance to any vessel in distress as aforesaid, and such flag shall also be kept displayed at all times while any wrecked property shall be, and remain on board of such boat or vessel, and every master of any such licensed boat or vessel who shall neglect to provide himself with a proper flag as aforesaid, or who shall neglect to display such flag in manner aforesaid, or who shall display a flag with a false number, shall for every such neglect forfeit and pay a penalty of not less than Five shillings, nor more than Five pounds': Provided always, that in Number of the case of row-boats the distinguishing number of the licence licence to be shall be painted in the like conspicuous manner on the bow of every such boat. while any wrecked property is on board, under penalty for omission. painted on bows of Rowboats. Who to be the wreck master. XII. That the master or person in charge of any such licensed vessel of ten tons, who shall first board any vessel wrecked, stranded, or in distress, or if two or more such masters board any such vessel simultaneously, then one of them to be selected by the master or other chief officer or person in charge of such vessel, or if no vessel of ten tons shall be at such wreck, then some one of the salvors present to be selected by the master or officer in charge of such vessel, shall, under the direction of such master, chief officer, or other person aforesaid, become the leader of all wreckers employed at or engaged in saving property from, or otherwise rendering assistance to any vessel, and such person shall be styled the wreck master; and it shall be his duty to aid the master or other His duties. No. 1. Ord. No. 6, 1860. Penalties for disobedience of orders of wreck master or other officer. Duty of wreck master in respect to passengers and wrecked crews. Respecting Persons debarred by sentence of Court not to be employed at a wreck. Crews of wrecking vessel to haul alongside of a wreck in the chief officer, or other person in charge of the vessel so wrecked, stranded, or in distress as aforesaid, to preserve order and adopt all measures to give every facility, at the command of the salvors, for the preservation of life and property, and generally to see that the regulations established by this Ordinance be observed and obeyed by all persons concerned; and any person wilfully or knowingly acting contrary to, resisting the authority of, or otherwise disobeying the orders of such master, chief officer, or other person in charge as aforesaid, or of the wreck master aforesaid, or who shall commit any act of violence, or make use of any threat towards any other person employed thereat, shall on conviction be liable to pay a fine of not less than One pound, nor exceeding One hundred pounds, or to imprisonment for any term not exceeding Six months, in addition to which punishment every person so convicted shall be liable to permanent or temporary disqualification from commanding or serving on board of a wrecking vessel or boat in manner hereinafter provided for. XIII. That it shall be the duty of the wreck master, whenever thereto required by the master or officer in charge of any vessel wrecked, stranded, or in distress, to select from among the licensed vessels then being present a commodious vessel to convey the passengers, officers, and crew of such wrecked, stranded, or distressed vessel, with their personal baggage and effects, to such port within the Government as the said master shall designate, and the masters, owners, officers, and crew of every licensed vessel so employed shall be entitled to salvage, to be estimated according to the size of the vessel so employed, and which shall be a charge on the wrecked, stranded, or distressed vessel, her materials and cargo, and shall have priority over all other claims for salvage. XIV. That whenever any wrecked or derelict property, goods, or merchandise shall be brought to any port within the colony, the Receiver-General and Treasurer, or other revenue officer acting for him, shall select and appoint some secure, convenient, and commodious place or places where the aforesaid wrecked or derelict property, goods or merchandise shall be stored, and remain under the custody of some officer of the revenue until sold, and if after such place be appointed, any salvor shall refuse or neglect to land or store such property, goods, or merchandise as aforesaid, or any part thereof, at such appointed place or places, he shall forfeit all salvage upon the property, goods, or merchandise otherwise landed or stored, and such property, goods, or merchandise may be recovered and seized in the same manner as if they had been embezzled. XV. That all persons debarred from the privilege of commanding or serving on board of vessels or boats licensed under this Ordinance shall forfeit all shares to which they would be entitled during the period of the continuance of their disqualification if they shall be employed by the owner or master of any such licensed vessel or boat. XVI. That in case of stranding where the vessel cannot be saved, it shall be the duty of the wreck master to see that there be no crowding of the crews of the wrecking boats and vessels on board of the wreck, so as to impede the proper and careful saving of the cargo, but that only as many as can conveniently and expeditiously they shall first work, haul alongside at the same time, priority being given as order in which arrive. nearly as practicable in the order in which they may have arrived, and that it shall not be lawful to land any property from a wreck elsewhere than at the port of discharge, unless there shall not be a sufficiency of wrecking vessels to receive the whole, nor until the vessels present shall have been all laden. No. 1. Ord. No. 6, 1860. or other officer authorized to repel by force persons unnecessarily pressing on board of a wreck. XVII. And whereas in cases of stranding, the safety of the Wreck master stranded vessel may be endangered by persons unnecessarily pressing on board thereof; Be it ordained, That it shall be the duty of the wreck master to aid the master, or other chief officer of the stranded vessel, to prevent any person or persons, against the wish or without the consent of such master or other chief officer, from entering on board of such stranded vessel, and, if found necessary, it shall be lawful for such master, or other chief officer, and the wreck master, and any other person or persons whom they shall call to aid, to repel by force any person or persons so improperly pressing on board such vessel; and in case any person shall molest such master, or other chief officer of such vessel, or the wreck master, or any other person aiding them, and employed in the preservation of such vessel, or shall endeavour to impede and hinder the saving of such vessel, and the cargo laden on board thereof, such person shall, on conviction before any two Justices of the Peace, forfeit and pay a sum not less than One pound, and not excceding Ten pounds, and suffer such imprisonment, not exceeding Three months, as the convicting Justice shall direct: Provided, however, that in the event of the attempts of such master, or other chief officer as aforesaid, and of the wreck master and other persons employed in endeavouring to save such vessel proving unsuccessful; and if it shall become necessary to take out the cargo of such vessel, or obtain sufficient additional aid for the purpose of carrying out anchors, kedges, or warps, or of otherwise assisting the said vessel off the ground, then as many wrecking boats and vessels then present as shall be deemed to be necessary by the wreck master shall be permitted by him, in the order in which they may have come to the assistance of such vessel (as in the next preceding section provided), to haul alongside, and obtain a load of the cargo, or other property belonging to such vessel, until the whole thereof be saved, or to afford such assistance as aforesaid, as the case may be; and if any such wreck master shall without reasonable and just cause refuse to give such permission, or conform to the terms of this Ordinance, he shall, on conviction before any two of Her Majesty's Justices of the Peace, forfeit and pay a sum not exceed ing Fifty pounds, and in default of payment, be imprisoned for any period not exceeding Eighteen months, and also forfeit his licence for a period of Twelve months, in addition to his liability to the party aggrieved in an action for damages. XVIII. That it shall not be lawful for any person employed in saving property from a wrecked vessel to break open, cut, chop, or otherwise purposely injure any package of the cargo, or lading of such wreck for the purpose of ascertaining the contents thereof, but every part of the lading of such wrecked vessel, and of all other property on board of or belonging to such wreck shall be saved if practicable in the state and in the order in which the same may be found or may come to hand; nor shall it be lawful for the cables and anchors attached to any wreck to be removed therefrom, or the lower masts and standing rigging, or the tackles, blocks, Penalty on wreck master for preventing persons workwhen assistance is necessarily required. ing at a wreck Unlawful to break open packages to ascertain contents. chief officer, or other person in charge of the vessel so wrecked, stranded, or in distress as aforesaid, to preserve order and adopt all measures to give every facility, at the command of the salvors, for the preservation of life and property, and generally to see that the regulations established by this Ordinance be observed and obeyed by all persons concerned; and any person wilfully or knowingly acting contrary to, resisting the authority of, or otherwise disobeying the orders of such master, chief officer, or other person in charge as aforesaid, or of the wreck master aforesaid, or who shall commit any act of violence, or make use of any threat towards any other person employed thereat, shall on conviction be liable to pay a fine of not less than One pound, nor exceeding One hundred pounds, or to imprisonment for any term not exceeding Six months, in addition to which punishment every person so convicted shall be liable to permanent or temporary disqualification from commanding or serving on board of a wrecking vessel or boat in manner hereinafter provided for. XIII. That it shall be the duty of the wreck master, whenever thereto required by the master or officer in charge of any vessel wrecked, stranded, or in distress, to select from among the licensed vessels then being present a commodious vessel to convey the passengers, officers, and crew of such wrecked, stranded, or distressed vessel, with their personal baggage and effects, to such port within the Government as the said master shall designate, and the masters, owners, officers, and crew of every licensed vessel so employed shall be entitled to salvage, to be estimated according to the size of the vessel so employed, and which shall be a charge on the wrecked, stranded, or distressed vessel, her materials and cargo, and shall have priority over all other claims for salvage. XIV. That whenever any wrecked or derelict property, goods, or merchandise shall be brought to any port within the colony, the Receiver-General and Treasurer, or other revenue officer acting for him, shall select and appoint some secure, convenient, and commodious place or places where the aforesaid wrecked or derelict property, goods or merchandise shall be stored, and remain under the custody of some officer of the revenue until sold, and if after such place be appointed, any salvor shall refuse or neglect to land or store such property, goods, or merchandise as aforesaid, or any part thereof, at such appointed place or places, he shall forfeit all salvage upon the property, goods, or merchandise otherwise landed or stored, and such property, goods, or merchandise may be recovered and seized in the same manner as if they had been embezzled. XV. That all persons debarred from the privilege of commanding or serving on board of vessels or boats licensed under this Ordinance shall forfeit all shares to which they would be entitled during the period of the continuance of their disqualification if they shall be employed by the owner or master of any such licensed vessel or boat. XVI. That in case of stranding where the vessel cannot be saved, it shall be the duty of the wreck master to see that there be no crowding of the crews of the wrecking boats and vessels on board of the wreck, so as to impede the proper and careful saving of the cargo, but that only as many as can conveniently and expeditiously work, haul alongside at the same time, priority being given as |