wreck
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wreck
in maritime law, goods cast ashore from a wrecked vessel.WRECK, mar. law. A wreck (called in law Latin, wreccum maris, and in law
French, wrec de mer,) signifies such goods, as after a shipwreck, are cast
upon land by the sea, and left there within some county, so as not to belong
to the jurisdiction of the admiralty, but to the common law. 2 Inst. 167;
Bract. 1. 3, c. 3; Mirror, c. 1, s. 13, and c. 3.
2. The term `wreck of the sea' includes, 1. Goods found at low water,
between high and low water mark; and 2. Goods between the same limits,
partly resting on the ground, but still moved by the water. 3 Hagg. Adm. R.
257.
3. When goods have touched the ground, and have again been floated by
the tide, and are within low water mark; whether they are to be considered
wreck will depend upon the circumstances whether they were, seized by a
person wading, or swimming, or in a boat. 3 Hagg. Adm. R. 294. But if a
human being, or even an animal, as a dog, cat, hawk, &c. escape alive from
the ship, or if there be any marks upon the goods by which they may be known
again, they are not, at common law, considered as wrecked. 5 Burr. 2738-9; 2
Chit. Com. Law, c. 6, p. 102; 2 Kent, Com. 292; 22 Vin. Ab. 535; 1 Bro. Civ.
Law, 238; Park, Ins. Index, h.t.; Molloy, Jur. Mar. Index, h.t.
4. The act of congress of March 1, 1823, provides, Sec. 21, That,
before any goods, wares or merchandise, which may be taken from any wreck,
shall be admitted to an entry, the same shall be appraised in the manner
prescribed in the sixteenth section of this act and the same proceedings
shall be ordered and executed in all cases where a reduction of duties shall
be claimed on account of damage which any goods, wares, or merchandise,
shall have sustained in the course of the voyage and in all cases where the
owner, importer, consignee, or agent, shall be dissatisfied with such
appraisement, he shall be entitled to the privileges provided in the
eighteenth section of this act. Vide Naufrage.