US LAWS, STATUTES & CODES ON-LINE

§ 721. Vessels stranded on foreign coasts

Consuls and vice consuls, in cases where vessels of the United States are stranded on the coasts of their consulates respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken, shall, after deducting therefrom the expenses, be delivered to the owners. No consul or vice consul shall have authority to take possession of any such merchandise, or other property, when the master, owner, or consignee thereof is present or capable of taking possession of the same.

(R.S. § 4238.)

Codification

R.S. § 4238 derived from act Apr. 14, 1792, ch. 24, § 3, 1 Stat. 255.

§ 722. Property wrecked on Florida coast

All property, of any description whatsoever, which shall be taken from any wreck, from the sea, or from any of the keys and shoals, within the jurisdiction of the United States, on the coast of Florida, shall be brought to some port of entry within the jurisdiction of the United States.

(R.S. § 4239.)

Codification

R.S. § 4239 derived from act Mar. 3, 1825, ch. 107, § 2, 4 Stat. 133.

Free importation of merchandise recovered from sunken and abandoned vessels, see section 1310 of Title 19, Customs Duties.

§ 723. Forfeitures for taking wrecked property to foreign ports

Every vessel which shall be engaged or employed in carrying or transporting any property whatsoever, taken from any wreck, from the sea, or from any of the keys or shoals, within the jurisdiction of the United States, on the coast of Florida, to any foreign port, shall, together with her tackle, apparel, and furniture, be forfeited, and all forfeitures incurred by virtue of this section shall accrue, one moiety to the informer and the other to the United States.

(R.S. § 4240.)

Codification

R.S. § 4240 derived from act Mar. 3, 1825, ch. 107, § 1, 4 Stat. 132.

§ 724. License to wreckers on Florida coast

No vessel, or master thereof, shall be regularly employed in the business of wrecking on the coast of Florida without the license of the judge of the district court for the district of Florida; and, before licensing any vessel or master, the judge shall be satisfied that the vessel is seaworthy, and properly and sufficiently fitted and equipped for the business or saving property shipwrecked and in distress; and that the master thereof is trustworthy, and innocent of any fraud or misconduct in relation to any property shipwrecked or saved on the coast.

(R.S. § 4241.)

Codification

R.S. § 4241 derived from act Feb. 23, 1847, ch. 20, § 3, 9 Stat. 131.

Florida divided into three judicial districts, see section 89 of Title 28, Judiciary and Judicial Procedure.

§ 725. Canadian vessels aiding vessels wrecked or disabled in United States waters

Canadian vessels and wrecking appurtenance may render aid and assistance to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to the Dominion of Canada.

This section shall be construed to apply to the canal and improvement of the waters between Lake Erie and Lake Huron, and to the waters of the Saint Mary's River and canal: And provided further, That this section shall cease to be in force from and after the date of the proclamation of the President of the United States to the effect that said reciprocal privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada.

(June 19, 1878, ch. 324, 20 Stat. 175; May 24, 1890, ch. 292, 26 Stat. 120; Mar. 3, 1893, ch. 211, § 1, 27 Stat. 683.)

Codification

Act June 19, 1878, was entitled "An act to aid vessels wrecked or disabled in the waters coterminous to the United States and the Dominion of Canada."

As originally enacted, it read: "That Canadian vessels of all descriptions may render aid or assistance to Canadian or other vessels wrecked or disabled in the waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until proclamation by the President declaring that the privilege of aiding American or other vessels wrecked or disabled in Canadian waters contiguous to the United States has been extended by the Government of the Dominion of Canada and declaring this act to be in force: And provided further, That this act shall cease to be in force from and after the date of proclamation by the President to the effect that said reciprocal privilege has been withdrawn or revoked by said Government of the Dominion of Canada."

Act May 24, 1890, amended act June 19, 1878, to read as above set forth, except that, besides making the act applicable to the canal and improvement of the waters between Lake Erie and Lake Huron, etc., it was also made applicable to the Welland Canal, and the first paragraph contained a proviso concerning the taking effect of the act.

Act Mar. 3, 1893, struck out the provision relating to the Welland Canal.

Use of foreign tugboats in United States prohibited, see section 316 of this Appendix.

This section is referred to in section 316 of this Appendix.

§ 726. International agreement as to derelicts

The President of the United States is authorized to make with the several Governments interested in the navigation of the North Atlantic Ocean, an international agreement providing for the reporting, marking, and removal of dangerous wrecks, derelicts, and other menaces to navigation in the North Atlantic Ocean outside the coast waters of the respective countries bordering thereon.

(Oct. 31, 1893, No. 13, 28 Stat. 13.)

International agreements as to ice patrol and derelict destruction, see section 738 of this Appendix.

§ 727. Right to salvage not affected by ownership of vessel

The right to remuneration for assistance or salvage services shall not be affected by common ownership of the vessels rendering and receiving such assistance or salvage services.

(Aug. 1, 1912, ch. 268, § 1, 37 Stat. 242.)

Section 6 of act Aug. 1, 1912, provided that the act [enacting sections 727 to 731 of this Appendix] shall take effect on and after July 1, 1912.

This section is referred to in section 731 of this Appendix.

§ 729. Salvors of life to share in remuneration

Salvors of human life, who have taken part in the services rendered on the occasion of the accident giving rise to salvage, are entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.

(Aug. 1, 1912, ch. 268, § 3, 37 Stat. 242; Pub. L. 102-241, § 40(a), Dec. 19, 1991, 105 Stat. 2225.)

1991--Pub. L. 102-241 substituted "payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment" for "remuneration awarded to the salvors of the vessel, her cargo, and accessories".

This section is referred to in section 731 of this Appendix.

§ 730. Time limit for salvage suits

A suit for the recovery of remuneration for rendering assistance or salvage services shall not be maintainable if brought later than two years from the date when such assistance or salvage was rendered, unless the court in which the suit is brought shall be satisfied that during such period there had not been any reasonable opportunity of arresting the assisted or salved vessel within the jurisdiction of the court or within the territorial waters of the country in which the libelant resides or has his principal place of business.

(Aug. 1, 1912, ch. 268, § 4, 37 Stat. 242.)

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

This section is referred to in section 731 of this Appendix.

§ 731. Applicability to ships of war

Nothing in sections 727, 729, and 730 of this Appendix and section 2304 of title 46 shall be construed as applying to ships of war or to Government ships appropriated exclusively to a public service.

(Aug. 1, 1912, ch. 268, § 5, 37 Stat. 242; Pub. L. 102-241, § 40(b), Dec. 19, 1991, 105 Stat. 2225.)

1991--Pub. L. 102-241 substituted "Nothing in sections 727, 729, and 730 of this Appendix and section 2304 of title 46" for "Nothing in this Act".