Federal Law on Wrecks

Ata Atun, Clelia Theodolou, Other Committee Members

 

 

 

Foundation Agreement

Annex III, Attachment 11, Law 24

 

 

 

 

 

 

 

 

 

 

 Federal Law on Wrecks

 


 

 

Short title.

 

1. This Law may be cited as the Federal Law on Wrecks.

 

Interpretation

 

2.In this Law unless the context otherwise requires:

 

"Consular Officer" includes any person for the time being discharging the duties of Consul or Vice-Consul;

 

"Court" means a court of competent jurisdiction;

 

“Cyprus” means the United Cyprus Republic;

 

"Cyprus ship" has the meaning assigned to it by the Federal Law on Merchant Shipping (Registration of Ships, Sales and Mortgages);

 

"Department " means the department having the responsibility for maritime affairs

 

“Directorate” means the Directorate of Maritime Affairs of the Department;

 

"Director" means the head of the Directorate;

 

"Member" means the member of the Presidential Council heading the Department;

 

"owner" in the case of a ship includes the master and every other person who is for the time being entitled, either as owner or agent for the owner, to receive the freight, demurrage or charges payable in respect of the ship, and, in the case of goods, includes every person who is for the time being entitled, either as owner or agent for the owner, to the possession of any goods, subject in the case of a lien, if any, to the lien;

 

"Receiver" means any person authorized by this Law to act as a Receiver of Wreck;

 

"ship" includes any description of vessel, except boats and other craft usually propelled by oars and lighters under fifteen tons;

 

"wreck" includes the following, when found in the sea or any tidal water or the shores thereof; that is to say—

a)           goods which have been cast into the sea and sink and remain under water,

 

b)           goods which have been cast or fall into the sea and remain floating on the surface,

 

c)           goods which are sunk in the sea, but are attached to a floating object in order that they may be found again,

 

d)           goods which are thrown away or abandoned, and any ship abandoned without hope or intention of recovery.

 

 

Goods lost between ship and shore not to be considered as wreck.

 

3. Goods washed away or cast into the sea or sunk from boats or lighters whilst engaged in carrying the goods to or from any ship lying at anchor in any port or harbour shall not be deemed to be wreck within the meaning of this Law, unless they are abandoned by the owner or shipper thereof, or unless the owner or shipper has required the assistance of the Receiver in the recovery of them.

 

 

PART I.  INQUIRIES AS TO WRECKS AND ETC.

 

Inquiries to be instituted in cases of wreck and casualty.

 

4. In any of the cases following ¾

a)           whenever any ship is lost, stranded, abandoned, or materially damaged on or near the coasts of Cyprus,

 

b)           whenever any ship causes material damage to another ship on or near the coasts,

 

c)           whenever by reason of any casualty happening in or on board of any ship on or near the coasts loss of life ensues,

d)                                                                                                                         whenever  such  loss,  stranding,  abandonment, damage, or casualty concerns a Cyprus ship and happens anywhere,

it shall be lawful for the Director to make inquiry respecting the loss, stranding, abandonment, damage, or casualty.

 

Powers of officer conducting.

 

5.-(1) The Director acting under the provisions of section 4 hereof, shall have the following powers ¾

a)            he may go on board any ship, and may inspect it or any part of it, or any of the machinery, boats, equipments, or articles on board of it, to which the provisions of this Law apply, not unnecessarily detaining or delaying her from proceeding on any voyage,

 

b)            he may enter and inspect any premises, the entry or inspection of which appears to him to be requisite for the purpose of the report which he is directed to make,

 

c)                                                                                                                          he may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine for that purpose, and may require answers or returns to any inquiries he thinks fit to make,

 

d)                                                                                                                         he may require and enforce the production of all books, papers, or documents which he considers important for that purpose,

 

e)                                                                                                         he may administer oaths or may, in lieu of requiring or administering an oath, require every person examined by him to subscribe a declaration of the truth of the statements made by him on his examination.

 

(2) Every witness so summoned shall be allowed such expenses as would be allowed to a witness attending on a summons to give evidence before the Court; and in case of any dispute as to the amount of such expenses, the matter shall be referred to the Court.

 

(3) Every person who refuses to give evidence before the Director or other person as aforesaid, or who refuses to make any answer, or to give any returns, or to produce any document in his possession, or to make or subscribe any declaration, which the Director or other person is hereby empowered to require, shall be guilty of an offence and in case of conviction shall, for each offence, be liable to a fine not exceeding one thousand pounds.

 

Matters to be inquired into and mode of inquiry.

 

6. –(1) The Director shall examine the witnesses on the inquiry as to the following matters—

a)            the name and description of the ship, her port of registry, official number and tonnage,

b)                                                                                                         the names of the master and of the owners,

c)                                                                                                          the names of the owners of the cargo,

d)                                                                                                         the ports or places from and to which the ship was bound,

e)          the occasion of the distress of the ship,

f)            the services rendered,

g)          such other matters or circumstances relating to the ship or to the cargo on board her, as he thinks necessary.

 

(2) The Director shall take the examination down in writing, and shall make a report upon the nature and causes of the loss, damage, or casualty as to which the inquiry is held, and shall make three copies of the evidence and two copies of the report, and shall forward them to the Member for his information and any further appropriate action as the Member may deem necessary.

 

Penalty for impeding officer in the discharge of his duty.

 

7. Any person who wilfully impedes the Director in the execution of his duty, whether on board ship or otherwise, shall incur a penalty not exceeding ten thousand pounds, and may be seized and detained by such Director or by any person or persons whom he may call to his assistance until such offender can be conveniently taken before a Court.

 

 

PART II.  RECEIVERS OF WRECK.

 

Receivers of Wreck.

 

8. The Presidential Council may from time to time, appoint such persons as they shall think fit to be Receivers of Wreck in each district in Cyprus, who shall perform the duties and exercise the powers hereinafter mentioned, and are hereinafter referred to as "the Receiver".

 

Duty of Receivers when any ship is stranded or in distress.

 

9. Whenever a ship or boat is stranded or in distress at any place on the shore of the sea within the limits of Cyprus, the Receiver in the district within which the place is situate shall, upon being made acquainted with the accident, forthwith proceed to the place; and upon his arrival there, shall take command of all persons present, and assign such duties to such person, and issue such directions as he may think fit with a view to the preservation of the ship or boat and the lives of the persons belonging thereto, and the cargo and apparel thereof. If any person wilfully disobeys such directions, he shall be liable to a penalty not exceeding two thousand pounds; but it shall not be lawful for the Receiver to interfere between the master of the ship or boat and his crew in matters relating to the management thereof, unless he is requested so to do by the master.

 

Powers of Receiver to call on persons to help.

 

10. The Receiver may, with a view to such preservation as aforesaid of the ship or boat, persons, cargo and apparel, do the following things: —

a)          summon such number of able-bodied men as he thinks necessary to assist him,

b)          require the master or other person having the charge of any ship or boat near at hand to give such aid with his men, ship or boats as may be in his power,

c)           demand the use of any machinery, equipment, vehicles, or beasts of burden that may be near at hand,

 

and any person refusing, without reasonable cause, to comply with any summons, requisition or demand so made shall for every such refusal be liable to a fine not exceeding one thousand pounds.

 

Things washed ashore or lost or taken from any ship or boat to be delivered to Receiver.

 

11. All other articles belonging to the ship or boat that may be washed ashore, or otherwise be lost or taken from the ship or boat, shall be delivered to the Receiver; and any person, whether he is the owner or not, who secretes or keeps possession of any such cargo or article, or refuses to deliver it to the Receiver or to any person authorized by him to demand it shall be liable to a fine not exceeding three thousand pounds; and the Receiver or other person so authorized may take the cargo or article by force from the person so refusing to deliver it.

 

Power of receiver to suppress plunder and disorder by force.

 

12. Whenever any such accident occurs to any ship or boat, and any person plunders, creates disorder, or obstructs the preservation of the ship, boat, lives or cargo, the plunder and Receiver may cause such person to be apprehended, and may use force for the suppression of such plundering, disorder or obstruction, with power to command all able-bodied persons to assist him in the use of such force.

 

Certain officers to exercise power of Receiver in his absence.

 

13. During the absence of the Receiver from the place where any such accident as aforesaid occurs, the following officers in succession, each in the absence of the other, in the order in which they are named; that is to say, any Principal Officer of Customs or Officer of Inland Revenue, and also any officer above the rank of sergeant in the Coast Guard, or officer above the rank of sergeant in the Federal or constituent state Police Force, may do all matters and things hereby authorized to be done by the Receiver, with this exception, that with respect to any goods or articles belonging to any such ship or boat, the delivery up of which to the Receiver is hereinbefore required, any officer so acting shall be considered as the agent of the Receiver, and shall place the same in the custody of the Receiver, but no person so acting as substitute for any Receiver shall be entitled to any fees payable to Receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled.

 

Power in case of a ship being in distress to pass over adjoining lands with vehicles etc.

 

14. (1) Whenever any such accident as aforesaid occurs to any ship or boat, all persons may, for the purpose of rendering assistance to the ship or boat, or saving the lives of the persons on board the same, or the cargo or apparel thereof, unless there is some public road equally convenient, pass, and repass, either with or without any type of machinery, equipment, vehicles, or beasts of burden, over the adjoining lands, without being subject to interruption by the owner or occupier, in so doing inflicting as little damage as possible; and may also, on the like condition, deposit on such lands any cargo or other article recovered from the ship or boat.

 

(2) All damages that may be sustained by any owner or occupier in consequence of any such passing or repassing or deposit shall be a charge on the ship, boat, cargo or articles, in respect of or by which the damage was occasioned, and shall, in default of payment, be recoverable in the same manner as salvage is hereby made recoverable; and the amount payable in respect thereof, if disputed, shall be determined in the same manner as the amount of salvage is, in case of dispute, hereby directed to be determined.

 

 

 

 

 

Penalty on owners and occupiers of land refusing to allow vehicles etc., to pass over their land.

 

15. If the owner or occupier of any land over which any person is hereby authorized to pass or repass for any of the land refusing purposes hereinbefore mentioned, being present, does any, of the following things; that is to say—

a)          impedes or hinders any such person from so passing or repassing, with or without machinery, equipment, vehicles, and employees,

b)          impedes or hinders the deposit of any cargo or other article recovered from any such ship or boat,

c)           prevents the cargo or other article from remaining so deposited for a reasonable time, until it can be removed to a safe place of public deposit,

he shall for every offence be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand pounds or to both such sentences.

 

Receiver not to act when owner and underwriter are present.

 

16. Whenever the owner and, if the wreck is insured, the underwriter or his agent, is present, the Receiver shall not interfere with the wreck, except when he is requested so to do by the owner or underwriter:

Provided that the Receiver always acts, in all cases, regarding the preservation of lives.

 

Rules to be observed by persons finding wreck.

 

17. (1) Any person finding or taking possession of wreck in Cyprus; shall observe the following rules: —

a)          if he is the owner he shall as soon as possible give notice to the Receiver of the district within which the wreck is found, stating that he has so found or taken possession of it, and he shall describe in the notice the marks by which the wreck is distinguished;

b)          if he is not the owner he shall as soon as possible deliver it to the Receiver.

 

     (2) Any person who fails to obey the provisions of this section shall be liable to the following penalties: ¾

a)          if he is the owner and fails to perform any duty hereby imposed on an owner, he shall be liable to a penalty not exceeding one thousand pounds,

b)          if he is not the owner and fails to perform any duty hereby imposed on any person not being an owner,

                                            (i)               he shall forfeit all claim to salvage,

                                          (ii)               he shall pay to the owner of the wreck, if it is claimed, but if it is unclaimed then the person entitled to the unclaimed wreck, the value of the wreck (such value to be recovered in the same way as a penalty of like amount), and

                                         (iii)               he shall be liable to a penalty not exceeding one thousand pounds.

 

     (3) This section shall not apply to any person other than the owner, who has taken possession of any wreck bonâ fide for the purpose of restoring it to the owner thereof, or who shall have actually restored it to the owner.

 

Powers of Receivers to search for concealed wreck.

 

18. If any Receiver suspects or receives information that any wreck is secreted, or in the possession of some person who is not the owner of it, or otherwise improperly dealt with, he may apply to the Court, and the Court shall have power to grant a warrant, by virtue whereof the Receiver may enter into any house or other place wherever situate, and also into any ship or boat, and search for, and seize and detain any such wreck there found; and if any such seizure is made in consequence of information given by any person to the Receiver, the informer shall be entitled by way of salvage to such sum not exceeding in any case five hundred pounds as the Receiver may allow.

 

Notice of wreck to be given by Receiver.

 

19. Every Receiver shall within forty-eight hours after taking possession of any wreck cause to be posted up in the Custom House of the port nearest to the place where the wreck was found or seized a description of it, and of any marks by which it is distinguished.

 

Wreck arriving from localities infected with contagious disease.

 

20. In the event of the Receiver finding after inquiry that any wreck is a portion of a vessel or cargo coming from a port infected with contagious disease, he shall cause the property to be isolated, and shall inform the sanitary authorities, who will, as soon as possible, perform the required measures of disinfection.

 

Goods deemed perishable or of small value may be sold immediately.

 

21. Where any wreck in the custody of any Receiver is under the value of one hundred pounds, or is of so perishable a nature or so much damaged that it cannot, in his opinion, be advantageously kept, or if the value of it is not sufficient to defray the charge of warehousing, the Receiver may sell it before the expiration of the period hereinafter mentioned, and the money raised by the sale, after defraying the expenses thereof, shall be held by the Receiver for the same purposes and subject to the same claims for and to which the article sold would have been held and liable if it had remained unsold.

 

Payment to be made to Receiver.

 

22. There shall be paid to all Receivers under this Law the expenses properly incurred by them in the performance of their duties, and also such fees as the Presidential Council shall from time to time by general rules prescribe in respect of the several matters specified in such rules; and the Receiver may detain any wreck or cargo in respect of which such expenses or fees may have become due until payment is made or until process has been issued by the Court for the detention of the wreck or cargo.

 

Disputes as to sums payable to Receiver how determined.

 

23. Whenever any dispute arises in any part of Cyprus as to the amount payable to any Receiver in respect of expenses or fees, it shall be determined by the Court, whose decision shall be final.

 

 

PART III.  SALVAGE

 

Salvage in respect of services rendered in Cyprus.

 

24. In the following cases, that is to say—

a)          whenever any ship or boat is stranded or otherwise in distress on the shore of any sea or tidal water situate within the limits of Cyprus, and services are rendered by any person ¾

                                            (i)               in assisting her,

                                          (ii)               in saving the lives of the persons belonging to her,

                                         (iii)               in saving her cargo or apparel, or any portion thereof, and

b)          whenever any wreck is saved by any person other than a Receiver within Cyprus,

there shall be payable by the owners of the ship or boat, cargo, apparel, or wreck, to the person by whom the services or any of them are rendered or by whom the wreck is saved, a reasonable amount of salvage, together with all expenses properly incurred by him in the performance of the services or the saving of the wreck, the amount of such salvage and expenses (which expenses are hereinafter included under the term salvage) to be determined in case of dispute in the manner hereinafter mentioned.

 

Salvage of life to have priority and may be paid out of the Department responsible for matters of finance.

 

25. Salvage in respect of the preservation of the life of any person belonging to any such ship or boat shall be payable by the owners of the ship or boat in priority to all other claims for salvage; and in cases where the ship or boat is destroyed, or where the value is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage due in respect of any life, the Presidential Council may award to such salvors out of the Department responsible for matters of finance uch sum or sums as he deems fit in whole or part satisfaction of any amount of salvage left unpaid in respect of any such life.

 

Receiver may appoint a valuer in salvage cases.

 

26. Whenever any salvage question arises, the Receiver shall, upon the application of either of the parties, appoint a valuer to value the property in respect of which the salvage claim is made, and shall, when the valuation has been returned to him, give a copy of it to both parties; and any copy of the valuation purporting to be signed by the valuer and attested by the Receiver shall be received in evidence in any subsequent proceeding; and there shall be paid in respect of the valuation by the party applying for it such fee as the Presidential Council may direct.

 

Disputes as to salvage how to be settled.

 

27. (1) Whenever any dispute arises between the owners of any ship, boat, cargo, apparel or wreck, and the persons claiming to be the salvors thereof as to the amount of the salvage, it shall, on the application of any party, be determined by the Court situated in the district in which the services were rendered; and the Court may call for its assistance any person conversant with nautical affairs as his assessor; and the decision of the Court shall be subject to appeal:

 

Provided that, notwithstanding any other provision contained in any other law or rules, the appeal shall be instituted within twenty days after the decision of the Court has been given.

 

     (2) There shall be paid to every assessor who may be so appointed in respect of his services such sum, not exceeding two hundred and fifty pounds, as the Court may direct; and all the costs of the proceedings, including the assessor's fee, shall be paid by the parties to the dispute, in such shares and proportions as the Court may direct.

 

Payment of salvage, to whom to be made in case of dispute as to apportionment.

 

28. (1) Whenever the aggregate amount of salvage payable in respect of salvage services rendered in Cyprus has been finally ascertained, but a dispute arises as to the apportion­ment thereof amongst several claimants, the party liable to pay the amount so due may apply to the Receiver for permission to pay the amount so ascertained to him; and the Receiver shall receive the same accordingly, and grant a certificate under his hand, stating the fact of the payment and the services in respect of which it is made.

 

(2) The certificate issued under subsection (1) shall be a full discharge and indemnity to the persons to whom it is given, and to their ship, boats, cargo, apparel, and effects, against the claims of all persons whomsoever in respect of the services therein mentioned.

 

Apportionment of salvage.

 

29. (1) Upon the receipt of any such amount as aforesaid, the Receiver shall with all convenient speed proceed to distribute it among the persons entitled to it, upon such evidence and in such shares and proportions as he thinks fit, with power to retain any moneys that may appear to him to be payable to any absent parties.

 

(2) Any distribution made in pursuance of this section shall be final and conclusive in respect of the rights of all persons claiming to be entitled to any portion of the moneys so distributed, in all cases where the total claim for salvage does not exceed two hundred pounds, and in all other cases shall be subject to appeal to the Court, such appeal to be made within twenty days from the date when the decision of the Receiver has been notified to the person desiring to appeal.

 

Manner of enforcing payment of salvage.

 

30. (1) Whenever any salvage is due to any person under this Law, the Receiver shall act as follows—

a)          if it is due in respect of services rendered in assisting any ship or boat, or in saving the lives of persons belonging to her or her cargo or apparel, he shall detain the ship or boat, and the cargo and apparel belonging to her, until payment is made or process has been issued by a Court for the detention of the ship, boat, cargo, or apparel,

b)          if it is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed in pursuance  of  the  provisions  hereinafter contained, he shall detain the wreck until payment is made or process has been issued in manner aforesaid.

 

(2) If, at any time previously to the issue of such process, security is given to his satisfaction for the amount of salvage due he may release from his custody any ship, boat, cargo, apparel, or wreck so detained by him; and in cases where the claim for salvage exceeds two hundred pounds any Court may, on the application of any party interested, determine any question that may arise concerning the amount of the security to be given or the sufficiency of the sureties.

 

(3) In all cases where a bond or other security is given to the Receiver the salvor or the owner of the property salved, or their agents, may institute proceedings before the Court for the purpose of having the questions arising between them adjudicated upon, and the Court may enforce payment of the said bond or other security in the same manner as if bail had been given in Court.

 

Power of Receiver to sell property salved in cases of non-payment.

 

31. Whenever any ship, boat, cargo, apparel, or wreck is detained by any Receiver for non-payment of any sums so due as aforesaid, and the parties liable to pay are aware of the detention, then—

a)          in cases where the amount is not disputed, and payment is not made within thirty days after it has become due;

b)          in cases where the amount has been disputed, and decided by the Court, and payment is not made within twenty days after the decision and no proceedings by way of appeal have been instituted;

c)           in cases where the amount has been disputed, and decided on appeal by a court of appellate jurisdiction and payment has not been made within twenty days of that decision,

 

 

the Receiver may forthwith sell the ship, boat, cargo, apparel or wreck, or a sufficient part thereof, and out of the proceeds of the sale, after payment of all expenses thereof, defray all sums of money due in respect of expenses, fees and salvage, paying the surplus, if any, to the owners of the property sold, or other parties entitled to receive it.

 

Subject to the payment of expenses, etc., the owner entitled to the wreck.

 

32. Subject to the payment of the expenses, fees, and salvage as aforesaid, the owner of any wreck, who establishes his claim to it to the satisfaction of the Receiver within one year from the date at which the wreck has come into the possession of the Receiver, shall be entitled to have it or the money arising from the sale of it or any part thereof delivered up to him.

 

Unclaimed wreck to be sold.

 

33. In the event of no owner establishing a claim to any wreck found in any place in Cyprus before the expiration of a year from the date at which it has come into the posses­sion of the Receiver, the Receiver shall forthwith sell it, and, after payment of all expenses attending the sale and deducting therefrom all fees and expenses (if any) due to and incurred by him and paying to the salvors such amount of salvage as may be agreed upon, pay the money arising from the sale into the Department responsible for matters of finance to the account of the general revenue of Cyprus:

 

Provided always that whenever any dispute arises between the Receiver and the persons claiming to be the salvors as to the amount of salvage, the dispute shall, on the application of either party, be determined in the manner provided by section 27 hereof in respect of disputes between owners and salvors.

 

Method of determining amount of salvage.

 

34. In determining any dispute as to the amount of salvage to be paid to any salvor, the Court determining it shall award such sum as appears just and reasonable in the circumstances of the case, having regard to—

a)           the enterprise and promptitude of the salvors in rendering assistance,

b)           the degree of damage and distress from which the property is rescued,

c)           the degree of labour and skill displayed and the danger incurred by the salvors,

d)           the value of the property salved,

e)           the time employed in rendering the services,

f)            the success of the effort to save the property:

 

Provided that no salvage shall be awarded unless the property in respect of which salvage is claimed shall have been exposed to actual peril threatening its destruction save for the assistance rendered by the salvor.

 

No claim for salvage services to be allowed in respect of loss or risk of Cyprus ships or property.

 

35. In cases where salvage services are rendered by any ship belonging to Cyprus or by the commander or crew thereof, no claim shall be made or allowed for any loss, damage, or risk thereby caused to the ship or to the stores, tackle, or furniture thereof, or for the use of any stores or other articles belonging to Cyprus supplied in order to effect the services, or for any other expense or loss sustained by Cyprus by reason of the services.

 

Claims for salvage by Cyprus’s officers not to be determined without consent of the Directorate.

 

36. No claim whatever on account of any salvage services rendered to any ship or cargo, or to any appurtenances of any ship, by the commander or crew or part of the crew of any of Cyprus’s ships shall be finally adjudicated upon unless the consent of the Directorate, has first been obtained; such consent to be signified by writing under the hand of the Member; and if any person who has originated proceedings in respect of any such claim fails to prove such consent to the satisfaction of the Court or officer before whom the salvage claim is brought, the claim shall be dismissed, and he shall pay the cost of the proceedings; provided that any document purporting to give such consent, and to be signed by the Member, shall be prima facie evidence of the consent having been given.

 

Enforcing detention of ship.

 

37. Where, under this Law, a ship is authorised or ordered to be detained, the officer detaining the same shall serve a notice in writing of the detention upon the master of the ship, or in the absence of the master may effect service of the notice by affixing it to a conspicuous part of the vessel, and if the ship, after service of the notice, proceeds to sea before it has been released by the relevant authority, the master of the ship and also the owner, and any person who sends the ship to sea, if such owner or person be party or privy to the offence, shall forfeit and pay to Cyprus a penalty not exceeding ten thousand pounds.

 

Carrying officer to sea.

 

38. Where a ship so proceeding to sea takes to sea when any officer authorized to detain the ship is on board thereof in the execution of his duty, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer being so taken to sea, and also a penalty not exceeding ten thousand pounds, or not exceeding five hundred pounds for every day until the officer returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken.

 

 

PART IV.  OFFENCES IN RESPECT OF WRECK.

 

Plundering, etc., in case of wreck.

 

39. Every person who-

a)           wrongfully carries away or removes any part of any ship or boat stranded, or in danger of being stranded, or otherwise in distress on or near the shore of any sea or tidal water, or any part of the cargo or apparel thereof, or any wreck, or

b)           endeavours in any way to impede or hinder the saving of such ship, boat, cargo, apparel, or wreck, or

c)           secretes any wreck, or obliterates or defaces any marks thereon,

shall, in addition to any other penalty or punishment he may be subject to under this or any other Law, for each such offence be liable to a penalty not exceeding three thousand pounds; and every person not being a Receiver or a person hereinbefore authorised to take the command in cases of a ship being stranded or in distress, or not acting under the orders of such Receiver or person, who, without the leave of the master, endeavours to board any such ship or boat, shall for each offence be liable to a penalty not exceeding five hundred pounds; and it shall be lawful for the master of the ship or boat to repel by force any person so attempting to board the same.

 

 

 

Selling wreck in foreign port.

 

40. If any person shall take into any foreign port or place any ship or boat stranded, derelict, or otherwise in distress on or near the shore of the sea or of any tidal water situate within the limits of Cyprus, or any part of the cargo or apparel thereof, or anything belonging thereto, or any wreck found within such limits as aforesaid, and shall there sell the same, he shall be liable to a term of imprisonment not exceeding five years.

 

 

PART V.  MISCELLANEOUS.

 

Foreign goods found derelict subject to the same duties as on importation.

 

41. All wreck, being foreign goods, brought or coming into Cyprus, shall be subject to the same duties as if they were being imported into Cyprus, due allowance being made for their condition if damaged; and, if any question arises as to their origin, they shall be deemed to be the produce of such country as the Department responsible for matters of customs and excise may upon investigation determine.

 

In cases of wreck of foreign ship Consul deemed agent of owner

 

42. Whenever any articles belonging to or forming part of any foreign ship which has been wrecked on or near the coasts of Cyprus, or belonging to or forming part of the cargo thereof, are found on or near such coasts, or are brought into any port in Cyprus, the Consul of the country owner. to which the ship, or, in the case of cargo, to which the owners of the cargo, may have belonged, or any Consular Officer of that country authorized in that behalf by any treaty or agreement with that country, shall, in the absence of the owner of the ship or articles, and of the master or other agent of the owner, be deemed to be the agent of the owner, so far as relates to the custody and disposal of the articles

 

Power to make Rules.

 

43. The Presidential Council may from time to time publish Rules regulating the procedure in all matters coming before any Court, or before any Receiver under the provisions of this Law, and the fees to be imposed in respect of any proceedings under the same. All Rules made under this section shall have the same force and effect as if they were part of this Law.

 

Fees prescribed in the Annex.

 

44.-(1)  The fees prescribed in the Annex shall be deemed to be fees prescribed under sections 22, 26 and 43.

 

(2) The Presidential Council may, at any time, amend, repeal or substitute, in whole or in part, the fees prescribed in the Annex hereto.

 

Recovery of penalties.

 

45. Any person who incurs any penalty or forfeiture under the provisions of this Law shall be deemed to have been guilty of an offence, and the penalty may be recovered by criminal proceedings or by civil action filed by the Federal Attorney General.

 


 

ANNEX

 

The Federal Law on Wrecks

 

 

Federal Regulations made under Sections 22, 26 and 43.

 

 

It is hereby provided as follows:

 

 

1. These Regulations may be cited as the Federal Law regarding Wrecks Receivers Fees Regulations.

 

2. For every wreck placed into the custody of the receiver there shall be paid a commission of five pounds per hundred pounds on the value thereof, but in no case shall the total amount of such percentage exceed fifty pounds.

 

3. In the case of derelict delivered into the custody of the Receiver there shall be charged the following fees in lieu of the above percentage: -

 

a)           where the value of the ship with her cargo equals or exceeds six hundred pounds, four pounds for the first day, and two pounds for each subsequent day during which the Receiver is employed on this service.

 

b)           where the value of the ship with her cargo is less than six hundred pounds, half the above charges:

 

Provided that where the amount estimated according to this Regulation exceeds the percentage of five per cent, the latter rate is to be charged.

 

4. Whenever any services are rendered by the Receiver, in respect of any ship in distress, not being a wreck, or in respect of the cargo or articles belonging thereto, the following fees shall be charged, viz. -

a)           where the value of the ship or boat with her cargo equals six hundred pounds or exceeds the said sum, ten pounds for the first day, and five pounds for every subsequent day the Receiver is employed in the service.

b)           where the value of the ship with her cargo is less than six hundred pounds, half the above charges.

 

5. To a valuer appointed under section 26 of the Wrecks Law there shall be paid fees not exceeding the following, viz. -

a)           where the vessel only has to be valued -                                             £              Cents

                            (i)               if the value does not exceed six hundred pounds                  5                     -

                          (ii)               if the value exceeds six hundred pounds                                            10                   -

b)           where cargo also has to be valued there shall be paid an

additional fee not exceeding                                                                  5                     -

c)           there shall also be charged by the Receiver in respect of

every such valuation the following fees, viz. -

                            (i)               when the value of the whole property, both ship and

cargo, does not exceed six hundred pounds                           5                     -

                          (ii)               when the value of the whole property, both ship and

cargo exceeds six hundred pounds                                          10                   -

d)           in cases where the Receiver finds it necessary to employ

a valuer to determine the value of any property in his custody,

there shall be paid to the person employed to value such

property a fee not exceeding                                                                  5                     -

 

Provided that when the value of the property exceeds one hundred pounds there may be paid such sum, not exceeding three pounds, as may be considered reasonable according to the circumstances of the case.