Owner may reclaim lumber. If not taken away to be turned over to Sheriff. Application of proceeds when sold. Subsequent disposition of proceeds. or beams, and whether in rafts or otherwise, but does not include the sort of wood commonly called drift wood. 2390. Whenever any lumber drifts upon any island in any of the waters of this State, or upon the bank of any such waters, the owner of the lumber may remove it on payment or tendering to the owner or occupant of the land the amount of the damages which he has sustained by reason thereof, and which may accrue in its removal; and if the parties cannot agree as to the amount of such damages, either party may have the same appraised by two disinterested citizens of the county, who may hear proofs and determine the same at the expense of the owner of the lumber. 2391. If the owner of such lumber does not, within three months from the time it was so drifted, take the same away, the owner or occupant of the land must deliver a bill of his charges and appraisement of damages, together with the lumber, to the Sheriff of the county, and thereafter the Sheriff must dispose of the same as is required by Article IV of this Chapter with regard to wrecked perishable property. 2392. When sold, the proceeds of the lumber must be applied, first, to the payment of the charges of sale, and in liquidation of the expenses and damages awarded to the person entitled thereto; and the residue must be paid to the County Treasurer, to be by him paid over to the owner, or his representative or assigns, on the production of satisfactory proof of ownership to the County Judge, and on his order therefor made within one year after its receipt. 2393. The rejection by the County Judge of any claimant's right to such proceeds is conclusive, unless within six months thereafter he commences action therefor. In case no claim is made or sustained to such proceeds, the same must, by the County Treasurer, be placed in the Common School Fund of the county. ARTICLE IV. WRECKS AND WRECKED PROPERTY. SECTION 2403. Duties of officers and citizens. 2404. Officers, etc., entitled to salvage. Salvage not to 2405. Owners of wrecked property may reclaim it. 2406. Sheriff to keep possession until owner found. 2407. Perishable property. 2408. Order for surrender to claimant. 2409. Claimant to first give bond. 2410. Action on bond. 2411. Owner may sue, although claim rejected. 2412. Salvage to be stated in writing. 2413. Proceedings to settle disputed claims to salvage. 2414. Costs of contest. 2415. Wrecked property not claimed to be sold. 2417. Notice of wrecked property. 2418. Expense of notice. 2403. The Sheriff in each county must give all possible aid and assistance to vessels stranded on its coast, and to the persons on board the same, and exert himself to save and preserve such persons, vessels, and their cargoes, and all goods and merchandise which may be cast by the sea upon the land, and to this end may employ as many persons as he may think proper. All citizens must aid the Sheriff when required. NOTE.-See notes to subsequent sections of this Article. On the subject of "wrecks" Field's Drft. Outlines Intern. Code, p. 184, et seq., Secs. 345 to 355, inclusive, contains much valuable information, many wise provisions, and the requirements of nations in their maritime and commercial intercourse as regulated by treaties. The dates of the treaties, and their general provisions, are there given, and may be consulted beneficially. Duties of citizens. officers and Officers, etc.. entitled to salvage. 2404. Sheriff's and all persons employed by them or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in the performance of such services, out of the property saved; and the officer having the custody of such property must detain it until the same are paid or tendered. But the whole salvage claimed Salvage not must not exceed one half of the value of the property or proceeds on which it is charged; and every agreement, order, or adjustment allowing a greater salvage is void, unless ordered and allowed by the County Judge. to exceed half value of property saved. Owners of wrecked property may NOTE.-Salvage in the United States is a compensation given by the maritime law for service rendered in saving property or rescuing it from impending peril on the sea, or wrecked on the coast of the sea, "or on a public navigable river or lake where inter-State or foreign commerce is carried on."-1 Sumn. C. C., pp. 210, 416; 12 How., p. 466; 1 Blatchf. C. C., p. 420; 5 McLean C. C., p. 359; 2 Bouv. Law Dict., p. 494. See Civil Code Cal., Sec. 2058, "Seaman's wages;" id., Sec 2079, "Salvage to persons other than master, mate, or seaman;" id., Sec. 2725, "Salvage in insurance." See Field's Drft. Outl. Int. Code, p. 188, 352, abolishing ancient rule of wreck; Baker vs. Hoag, 7 N. Y. (3 Selden), Rep., p. 555, overruling S. C., 3 Barb., p. 203; 7 Barb., p. 113; 2 Kent's Comm., p. 321; Bouv. Law Dict., Vol. 1, Title "Derelicts." 2405. Wrecked property may be kept or reclaimed, at the time of the wreck, by the owner, conreclaim it. signee, or other person entitled to the possession; but if any person has a just claim for salvage and necessary expenses incurred in saving it, he must be paid before the property is reclaimed. NOTE. In maritime law a wreck is constituted of such goods as, after a shipwreck, are cast upon the land by the sea and left there, within some country, so as not to belong to the jurisdiction of the Admiralty Courts.-Coke, 2 Inst., p. 167; 1 Sharswood's Blackst. Comm., pp. 290, 293; 2 Bouv. Law Dict., p. 680. So, goods found at low water, between low and high water mark, and such as, between the same limits, partly Sheriff to keep until owner found. 2406. The Sheriff of every county in which any wrecked property is found, when no owner or other possession person entitled to possession appears, must take possession of it in the name of the people, cause the value thereof to be appraised by disinterested persons, and keep it in some safe place to answer the owner's claims. NOTE.-Licensed or not, wreckers are bound to scrupulous honesty, and to diligently guard from plunder the property saved by them from the wreck. Negligence in this respect will affect the amount of their remuneration.-The John Perkins, 19 Am. Law Rep., p. 490. In contemplation of law, one called on to aid the Sheriff would be a licensed salvor. Misconduct of salvor works a forfeiture of salvage.-The Waterloo, Blatch. & Howl. Rep., p. 114; the Blairean, 2 Cranch, U. S. Sup. Ct. Rep., p. 240. For instance, a second party of salvors wrongfully interfering with first party.-The Blenden Hall, 1 Dods., p. 414; The Fleece, 3 W. Robn. Rep., p. 278. See, also, The Island City, 1 Blacks., p. 121; Schr. Dove, 1 Gall. C. C., p. 585; The Bello Corrunes, 6 Wheat., p. 152. property. 2407. If it is in a perishable state, the Sheriff Perishable must apply to the County Judge, upon a verified petition, for an order authorizing him to sell it. If the Judge is satisfied that a sale of the property would be beneficial to the parties interested he must make the order applied for, and the property must then be sold at public auction, at the time and in the manner specified in the order, and the proceeds, deducting the Order for surrender to claimant. Claimant Action on bond. Owner may sue, although claim rejected. expenses of sale, as the same is settled and allowed by such Judge, must be paid to the Treasurer of the county. NOTE.-See Parsons on Shipping and Admiralty, p. 78, and note. 2408. If, within a year after the finding, any person claims the property or its proceeds, and establishes his claim by evidence satisfactory to the County Judge, such Judge must make an order directing the officer in whose possession the property or its proceeds may be to deliver the same to the claimant, upon the payment of a reasonable salvage and the necessary expenses of preservation. NOTE.-See Secs. 544, 545, Penal Code Cal. 2409. Before making the order, the Judge must require from the claimant a bond to the people, with one or more sufficient sureties, to be approved by the Judge and filed with the County Clerk, in a penalty double the value of the property or proceeds, conditioned for the payment of all damages that may be recovered against such claimant or his representatives, within three years after its date, by any person establishing title to the property or proceeds. 2410. If the bond becomes forfeited, the County Judge, upon the application, supported by proof, of the person entitled to the benefit of it, must make an order for its prosecution for such person's benefit, and at his risk and expense. 2411. The rejection by the Judge of any claim does not preclude the claimant from maintaining an action for the recovery of such property or its proceeds against the officer. If the plaintiff in any such action prevails, there must be deducted from the damages, in addition to salvage and expenses, all the defendant's costs. |