Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/309

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Ch. 8.
of Persons.
293

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 ſaid to ſubſiſt on the coaſts of the Baltic ſea, permitting the inhabitants to ſeize on whatever they could get as a lawful prize; or, as an author of their own expreſſes it, "in naufragorum miſeria et calamitate tanquam vultures ad praedam currere[1]." For by the ſtatute 2 Edw. III. c. 13. if any ſhip be loſt on the more, 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 more, which are not legal wreck, the owners might have a commiſſion to enquire and find them out, and compel them to make reſtitution[2]. 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 100𝑙. 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

  1. Stiernh. de jure Sueon. l. 3. c. 5.
  2. F. N. B. 112.
of