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SECTION 24. The provisions of this chapter shall not be con- Unlawful ex2 strued as legalizing any structure, filling or other occupation or ures not 3 encroachment, made or done without authority, upon the waters 1888, 318, § 7. 4 in or the land under any great pond prior to the ninth day of 1891, 266, § 2. 5 May in the year eighteen hundred and eighty-eight, or in or upon 6 the Connecticut river, below high water mark, prior to the thirtieth 7 day of April in the year eighteen hundred and ninety-one, or as 8 waiving or impairing any rights or remedies of the commonwealth 9 or of any person relative thereto.
The provisions of this chapter relative to great 2 ponds shall apply only to ponds which contain in their natural state 3 more than ten acres of land, and shall be subject to any rights in 4 such ponds which have been granted by the commonwealth.
SECTION 26. Said board may apply to congress for appropria- Applications 2 tions for the protection and improvement of any harbor in the appropriations
P. S. 19, § 18.
for harbors. 1866, 149, § 6.
NOTES. Sect. 3. It is suggested by the board of harbor and land commissioners that the term for which leases may be made under the provisions of this section be made uniform with that prescribed in section 10.
Pub. Sts. c. 19 § 4 is omitted. It appears to have been passed to meet some special case and is now unnecessary. The commonwealth would of course convey whether the bond was produced or not.
Sect. 12. The word "next" has been omitted and the words "not later than its next session" have been added to enablethe bo ard to report to the general court if it is in session at the time the order is made.
Sect. 16. The board of harbor and land commissioners suggest the substitution of the following draft of this section:
SECTION 16. Said board may license a person to build, extend and maintain any structure, to drive piles, to fill or to excavate below natural high water mark in or over the Connecticut river or in or over the waters of any great pond or at or upon any outlet thereof, on such terms as it may prescribe; but no such license beyond the line of riparian ownership or which affects the level of the water in a pond shall be valid unless approved by the governor and council.
The St. 1897, c. 146, which authorizes the payment into the harbor compensation fund of the receipts from certain rights and privileges which have been granted in the tide water lands of the commonwealth, has been omitted as special or temporary.
OF WRECKS, SHIPWRECKED GOODS AND REMOVAL OF WRECKS.
SECTIONS 1-14. — Commissioners of Wrecks and Shipwrecked Goods.
1888, 318, § 1.
COMMISSIONERS OF WRECKS AND SHIPWRECKED GOODS.
C. L. 100, 27.
SECTION 1. The governor, with the advice and consent of the Commissioners 2 council, may appoint commissioners of wrecks and shipwrecked of ecks, 3 goods for the commonwealth. No person shall receive a commis- appointed. 4 sion or exercise the office of commissioner until he has given to C. L. 161, § 2. 5 the treasurer and receiver general a bond, with two sureties, ap- R. S. 57, § 1. 6 proved by the governor and council, in the sum of three thousand P. S. 97, § 1. 7 dollars for the faithful performance of his official duties. Whoever 1887, 98, § 1. 1885, 341, § 1. 8 has a claim against such commissioner for a breach or neglect of his 106 Mass. 288.
1814, 170, 3.
Release of surety on bond. 1885, 341, § 2. 1887, 98, § 2.
Assistance, guards, etc. 1796, 88, § 2. 1814, 170, § 1. R. S. 57, § 3. G. S. 81, § 3. P. S. 97, § 3. 1887, 98, § 4.
Inventory. 1814, 170, § 1. R. S. 57, § 4. G. S. 81, § 4. P. S. 97, § 4. 1887, 98, § 5.
official duty may have a remedy therefor by a suit on his bond in 9 the name of the treasurer and receiver general.
SECTION 2. A surety on the bond of such commissioner who 1 desires to be relieved from liability thereon shall give a written 2 notice thereof to such commissioner and to the governor and coun- 3 cil. The notice to such commissioner shall be served by an officer 4 authorized to serve civil process; and at the end of thirty days 5 from the time of such service the liability of the surety for the sub- 6 sequent acts of such commissioner shall cease. The officer shall 7 forthwith transmit a certified copy of the notice, with his return 8 thereon, to the governor and council and, upon its receipt, they 9 shall require a new bond to be given by such commissioner within 10 said thirty days. Upon his failure so to do, his commission shall 11 be void.
SECTION 3. A commissioner, upon receiving information of a 1 shipwreck or of the finding of shipwrecked goods or property of 2 any kind on any of the shores or waters of the commonwealth, or 3 which have been brought thereto, if they are of the value of one 4 hundred dollars or more, shall, and if they are under that value 5 may, immediately repair to the place where they are, and if they 6 are not in the custody of an owner, agent or other such commis- 7 sioner and are of the value of one hundred dollars or more shall, 8 and if under that value may, take charge thereof and preserve and 9 secure the same for the owner.
SECTION 4. The commissioner may in such case employ as many 1 persons as he considers necessary to assist in preserving the prop- 2 erty, may appoint guards to secure the same, and may suppress all 3 tumults and disorders. Whoever disobeys a lawful order of the 4 commissioner shall forfeit not more than ten dollars for each 5 offence, which shall be recovered in an action in the name of the 6 commissioner, to the use of the city or town.
SECTION 5. The commissioner shall on every such occasion take 1 an inventory of all the property which comes to his possession; and 2 if required by the owner thereof or his agent, or by an insurance 3 company or underwriter or other person interested therein, shall 4 make oath to the truth thereof and deliver a copy thereof, if re- 5 quired, with all said property, to the owner, agent or other person 6 lawfully authorized to receive it; but a reasonable compensation 7 shall first be paid or secured to the commissioner for his services 8 and expenses and for such custom house duties and other charges as 9 he has paid or become liable to pay for such property.
SECTION 6. If the commissioner and other party do not agree on 1 the sum so due to the commissioner, the case may be submitted to 2
Arbitration or action. 1814, 170, § 1.
R. S. 57, §§ 5, 6.
G. S. 81, § 5, 6. arbitrators in the manner provided in chapter one hundred and 3
P. S. 97, §§ 5, 6.
1887, 98, $$ 6, 7. ninety-four. If the parties do not agree to submit the case to 4
arbitrators, it may be decided in an action at law, unless it is within 5 the exclusive jurisdiction of the courts of the United States.
SECTION 7. The owner or other person interested in such prop- Pay for secur2 erty shall not be held to pay to any person, other than one of said before arrival 3 commissioners, any charge for services or expenses in taking or sioner. 4 securing the same, unless for property taken or secured before the 1814, 170, $1. 5 arrival of a commissioner; in which case the commissioner shall, G. S. 81, 7. 6 upon hearing all parties interested, determine the compensation to 1887, 98, § 8. 7 be received as aforesaid, and there shall be no appeal from his 8 award in writing unless the whole amount demanded exceeds fifty 9 dollars; but in such case an appeal may be taken by either party 10 to the superior court which shall in a summary manner hear and 11 determine the case.
1814, 170, 1.
SECTION 8. Whoever, after the arrival of the commissioner, Penalty for in 2 takes, detains or intermeddles with any property shipwrecked or terming. 3 found as aforesaid, except under the directions of the commissioner, R. S. 57, § 8. 4 owner, agent or other person interested, shall forfeit not more than P. S. 97, § 8. 5 one thousand dollars for each offence, to the use of the commis6 sioner, owner, agent or other person interested.
G. S. 81, § 8. 1887, 98, § 9.
1 SECTION 9. The commissioner, as soon as may be after his Commissioner 2 arrival at the place where any wreck or goods are found, shall pub- wrecked prop 3 lish the particulars of the shipwreck and goods, with such other 1814, 170, § 2. 4 material facts as he ascertains; and if he neglects so to do, he shall RS. 57,9 5 forfeit fifty dollars to the use of the owner, agent or other person PS. 1, § 10. 6 interested.
G. 81, 9.
SECTION 10. He may, within thirty days after taking the prop2 erty into his custody, dispose of so much thereof by public auction 3 as shall be sufficient to pay all customs duties which he has paid 4 thereon or for which he has become liable.
1887, 98, § 11.
SECTION 11. If such property is perishable, or is damaged 2 or is liable to be much reduced in value by keeping, or cannot be 3 kept without great and disproportionate expense, and no owner or 4 agent appears, it may be sold at public sale at the discretion of the 5 commissioner in charge thereof. In all other cases, such property 6 shall, if no owner, agent or other person interested therein appears 7 and claims it, be retained for one year, after which, if no such 8 owner, agent or other person interested therein appears and claims 9 it, it shall be sold by public auction, after notice given in a news10 paper published in the county where the property is situated; but 11 so much thereof as is necessary to defray the expenses incurred. 12 thereon may be sold by public auction, after notice as aforesaid, at 13 the expiration of three months.
may sell for 1814, 170, § 2. Rs 11.
R. S. 57, § 10.
G. S. 81, § 10.
G. S. 81, § 11.
G.S. 81, §§ 12, 14.
1 SECTION 12. If no owner, agent or other person interested in Proceeds pay2 property sold under the provisions of the preceding section estab- able to com. 3 lishes his claim thereto, the commissioner shall, within sixty days W, 70, 82. 4 after such sale, render to the treasurer and receiver general a detailed RS.57, 12, 14. 5 statement of the sales, under oath, with an account of all money P.S. 97, §§ 12, 14. 6 paid by him for duties and the expenses incurred thereon; and shall 1887, 98, §§ 13, 7 pay to the treasurer the balance of such account for the use of the 8 commonwealth; and if he neglects so to do, the treasurer and re9 ceiver general shall cause an action to be commenced therefor to the 10 use of the commonwealth.
1885, 341, §§ 6, 7.
1814, 170, § 2.
Notice of obstructions. 1883, 260, § 8.
Notice to owner
REMOVAL OF WRECKS FROM TIDE WATERS.
SECTION 15. If a wrecked, sunken or abandoned vessel, or any 1 by harbor and unlawful or unauthorized structure or thing, is deposited in the 2 tide waters of this commonwealth, or is suffered to remain therein, 3 and, in the judgment of the board of harbor and land commissioners 4 it is, or is liable to cause or become, an obstruction to the safe and 5 convenient navigation or other lawful use of such waters, said board 6 shall remove it or cause it to be removed.
Liability for expense of removals. 1883, 260, § 4.
SECTION 13. The treasurer may allow the commissioner a just 1 compensation for services and expenses; which shall be ascertained 2 in case of disagreement between them, in the manner provided in 3 section six.
1887, 98, § 14.
Commissioners of wrecks and shipwrecked goods 1 shall give immediate notice to the board of harbor and land commis- 2 sioners of all shipwrecks occurring in tide waters and of any obstruc- 3 tion existing therein.
SECTION 16. If any person in the United States is known to said board as the owner of such vessel or of any interest therein, 2 or as having or exercising any control over it as master, agent, 3 insurer or otherwise, or as having alone or with others built, 4 deposited or caused any other unlawful obstruction, or as owning, 5 maintaining or using the same in whole or in part, said board shall 6 give him notice in writing to remove such vessel or other obstruc- 7 tion within a time therein specified. Such notice shall be deemed 8 a sufficient notice to all such owners and other persons if served 9 upon one or more of them by said board, or by its order, by de- 10 livering the same in hand, by leaving it at the usual place of 11 business or abode or by duly mailing it to the post office address 12 of the owner or other person upon whom it is to be served.
SECTION 17. If such vessel or other obstruction is not removed 1 within the time specified in such notice, and in a manner and to a 2 place satisfactory to said board, or if no such owner or other person 3 is known to said board upon whom notice can be served, said board 4 may remove such vessel or other obstruction, or complete the re- 5 moval thereof, or cause the removal to be made in such manner and 6 to such place as it deems best; and the necessary cost and expenses 7 of such removal, if not paid by some owner or other person liable 8 therefor, shall, when certified by said board and approved by the 9 governor and council, be paid by the commonwealth.
SECTION 18. The owner of a vessel or of an interest in a vessel 1 wilfully or maliciously wrecked, sunk or abandoned as aforesaid and 2 removed as provided in the preceding section, whether owning it 3 when such vessel became an obstruction or at any time before such 4 removal is completed, and all persons who have or exercise any 5 control over such vessel or any part thereof, and the person or per- 6 sons originally building, depositing or causing any other obstruction 7 so removed, or owning, maintaining or using the same in whole or 8 in part at the time of such removal or at any time prior thereto, 9
10 shall be liable for the cost and expenses of such removal, or to 11 repay the same when paid by the commonwealth; and it may be 12 recovered in an action of contract brought by said board in the 13 name of the commonwealth against such owners or other persons, 14 or against any one of them. The attorney general and the district 15 attorneys within their respective districts shall commence and con16 duct such actions. All money so repaid or recovered shall be paid 17 into the treasury of the commonwealth. Whoever, on a judgment 18 or otherwise, pays more than his proportion of the costs and 19 expenses aforesaid, shall have a claim for contribution against other 20 parties liable therefor according to their respective interests.
1 SECTION 19. If the cost and expenses of removing a vessel or 2 other obstruction as aforesaid are not paid or repaid by some owner 3 or other person liable therefor within ten days after such removal 4 has been completed, the board of harbor and land commissioners 5 may sell such vessel or other obstruction, or the materials and 6 appurtenances thereof, at public or private sale, and the net pro7 ceeds of such sale shall be paid into the treasury of the common8 wealth and deducted from the amount to be repaid or recovered as 9 provided in the preceding section.
Vessel may be 1883, 260, § 5.
1 SECTION 20. An insurer of a vessel who has paid the loss Insurer liable, 2 thereon shall not, by reason of such insurance, be held liable to 3 remove such vessel, or to pay the cost and expenses of such re4 moval, unless he has exercised some act of ownership or control 5 over such vessel or some part or appurtenance thereof or received 6 the proceeds of the sale thereof.
5 land commissioners, retain and apply so much of the property in 6 his possession appertaining to a wrecked vessel, or of the proceeds 7 thereof, as may be necessary to provide for the removal of such 8 vessel.
1883, 260, § 6.
of wrecks, etc.
SECTION 21. The provisions of the six preceding sections shall Commissioner 2 not affect a commissioner of wrecks and shipwrecked goods by rea- not liable. 3 son of anything done by him in the performance of his official duties 1883, 260, § 7. 4 but he shall, upon notice and request by the board of harbor and
1 SECTION 22. Not more than five thousand dollars shall be an- Allowance for 2 nually appropriated, to be expended as may be necessary for the 1883, 260, § 9. 3 purposes of the seven preceding sections.
SECTION 23. The board of harbor and land commissioners shall Application to 2 make application to the government of the United States for the for reimburse 3 reimbursement of any amounts expended under the provisions of 1883, 260, § 10. 4 the eight preceding sections, which, in the opinion of said board, 5 might properly be paid by the United States.