Section 132: Receiver of Wrecks

132. Receiver of Wrecks (1) The Director shall be the Receiver of Wrecks, and in that capacity shall exercise general direction and supervision over all matters relating to wreck and salvage. (2) Subsections (6) to (10) apply in circumstances where any vessel is wrecked, stranded or in distress at any place on or near the coast of Mauritius or any tidal water within Mauritius waters. (3) The Receiver may designate a suitably qualified person to assist him in the performance of his duties as Receiver. (4) There shall be paid to the Receiver the expenses properly incurred by him in the performance of his duties and such fees in respect of such other matters as may be prescribed, and the Receiver shall not be entitled to any other remuneration. (5) The Receiver shall, in addition to all other rights and remedies for the recovery of the expenses and fees referred to in subsection (4), have the same rights and remedies as a salvor has in respect of salvage due to him and may, if the property in respect of which any such expenses and fees are due is not under arrest in any Court, seize or detain the property until his expenses and fees are paid, or until security is given to his satisfaction. M62 – 67 [Issue 2] Merchant Shipping Act (6) All fees received by the Receiver, in respect of any services performed by him as Receiver, shall be retained by him, and a separate account shall be kept by him and the moneys shall be applied in defraying any expenses duly incurred in carrying this Sub-Part into effect. (7) Subject to subsection (8), where the Receiver is informed that any of the circumstances specified in subsection (2) exists, he shall— (a) forthwith proceed to the place where the vessel is; (b) take command of all persons present; and (c) assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the shipwrecked persons and of the cargo and apparel of the ship. (8) The Receiver shall not interfere between the master and crew of the vessel in relation to the management of the vessel unless he is requested to do so by the master. (9) The Receiver may, for the purpose of the preservation of shipwrecked persons or of the vessel, cargo and apparel, require— (a) such persons as he thinks necessary to assist him; (b) the master, or other person having the charge of any vessel near at hand, to give such assistance with his men or vessel, as may be in his power; and (c) the use of any vehicle that is near at hand. (10) (a) In circumstances where this subsection applies, any person may, subject to paragraphs (c) and (d), for the purpose of— (i) rendering assistance to a vessel; (ii) saving the lives of shipwrecked persons; or (iii) saving the cargo or equipment of a vessel, pass and repass over any adjoining land without being subject to interruption by the owner or occupier, and deposit on the land any cargo or other article recovered from a vessel. (b) The right of passage is a right of passage with or without vehicles. (c) No right of passage is conferred where there is some public road equally convenient. (d) The right of passage shall be so exercised as to do as little damage as possible. (e) Any damage sustained by an owner or occupier of land, in consequence of the exercise of the rights conferred by this subsection, shall be a charge on the vessel, cargo or articles in respect of, or by which, the damage is caused. [Issue 2] M62 – 68 Revised Laws of Mauritius (11) Where f passage with or without vehicles. (c) No right of passage is conferred where there is some public road equally convenient. (d) The right of passage shall be so exercised as to do as little damage as possible. (e) Any damage sustained by an owner or occupier of land, in consequence of the exercise of the rights conferred by this subsection, shall be a charge on the vessel, cargo or articles in respect of, or by which, the damage is caused. [Issue 2] M62 – 68 Revised Laws of Mauritius (11) Where the Receiver has reason to believe that— (a) any wreck is being concealed by, or is in the possession of, some person who is not its owner; or (b) any wreck is being otherwise improperly dealt with, he may apply to a Magistrate for a search warrant. (12) Where a search warrant is granted under subsection (1) to the Receiver, he may, by virtue of the warrant— (a) enter any house, or other place wherever situated, or any vessel; and (b) search for, seize and detain any wreck found there. (13) Where any seizure of wreck is made under this section in consequence of information given by any person to the Receiver, the person giving the information shall be entitled, by way of salvage, to such reasonable sum as the Receiver may allow.