DERELICT, a term in English law, signifying anything forsaken or left, or willfully cast away. Derelict lands, if suddenly left by the sea, belong to the crown; but if the sea has receded gradually and imperceptibly, the gain will go to the owner of the adja cent lands.
In order to constitute a ship which has been wrecked derelict, it is necessary that the master and crew shall have abandoned her, without hope of recovery. The mere quit ting of a ship for the purpose of procuring assistance from the shore, or other temporary cause, with the intention of returning to her again, is not an abandonment. See Lord Stowell's judgment in the case of the Rob. 37), and Abbot on Shipping, p 489. When such abandonment or dereliction has occurred, the first-corners are entitled to take temporary possession of the ship, and to claim salvage, either from the owners, the lord of the manor, or other person having right to wrecks unclaimed by the owners, or in the event of no claim from the crown. The general superintendence of all matters relating to wreck is placed in the board of trade by the 439th section of 17 and 18 Viet. c. 104, commonly called "the Merchant Shipping act;" and the board may, with the consent of the commissioners of her majesty's treasury, appoint any officer of customs, or of the coast-guard, or other person, to be a receiver of wreck in any district, and to perform the duties imposed on him by the act. These duties consist in taking the com mand of the persons present, and availing himself of their services to the best of his ability to save the ship and her crew and cargo. If any one refuses to obey him, he shall incur a penalty of £50; and if any master of a ship or boat shall refuse him his aid, or any proprietor of a wagon, cart, or horses shall refuse him the use of them, he shall incur a penalty of £100. All articles washed on shore or lost are to be delivered to the receiver, and lie has power to suppress plunder and disorder by force. Within 48 hours after taking possession of any wreck, the receiver shall cause to be posted up in the nearest custom-house a description of the same, and of any marks by which it is distin guished; and if the value of such wreck exceeds £20. he shall transmit a similar descrip tion to the secretary of the committee of Lloyd's (s. 452). See LLOYD'S. Goods deemed perishable lie may sell immediately (s. 453). The owner of all wreck is entitled, within one year, to claim it from the receiver, who will deliver it up to him on receiving pay ment of such expenses, fees, and salvage as may have been incurred in terms of the act (s. 470). In the event of no owner establishing his claim before the expiration of a year
from the date at which the wreck has conic into the possession of the receiver, it shall be delivered up to the lord of the manor or other person having title to it. If a dispute arise as to the property of wreck, or the amount of salvage or other charge due, it may be decided by two justices, whose proceedings may be reviewed by any court of law or equity, if carried there by appeal within three months. If no claim shall be established to wreck either by an owner or lord of the manor, or admiral, mayor, or other person having title to wrecks cast on shore at particular parts of the coast, the wreck becomes the property of the crown, and shall be sold by the receiver, and the proceeds, after fees and expenses, paid into her Majesty's exchequer (s. 475).
The principle upon which Salvage (q. v.) is given on wrecks and derelict is, that a person who by his labor preserves goods which the owner or those intrusted with the care of them have either abandoned in distress at sea, or are unable to protect and secure, is entitled to retain the possession of the goods until proper compensation is made to him for his trouble. Where the parties cannot agree on this sum, and are unwilling to adopt the decision of the justices, as above stated, the amount is generally ascertained by a jury. Till the question is decided, the goods remain in the custody of the salvor, or of the receiver for his behoof. No claim for salvage is due where the owner, or those in his employment, are at hand on the coast, and in a condition to save and protect his property. If any one set of persons have taken possession of a derelict, and are endeavoring to bring it into port and save it another set have no right to interfere with them and become participators in the salvage; unless it appears that the first in posses sion would not have been able to effect the rescue of the property without the aid of the 'others (Abbot, p. 490). This rule applies to king's officers, even Where the property saved is government stores. The original salvors cannot be dispossessed without reason able cause. As to the proportion which the salvage allowed bears to the value of the property saved in various circumstances see SALVAGE.