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Section 137: Unclaimed wreck

Merchant Shipping Act · PART VI: WRECK AND SALVAGE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

137. Unclaimed wreck (1) The Government shall be entitled to any unclaimed wreck found in Mauritius or in Mauritius waters, except in cases where the Government has granted to any person the right to the wreck. (2) Any person who is entitled to unclaimed wreck found at any place in Mauritius or in Mauritius waters shall give the Receiver a statement containing the particulars of his entitlement and specifying an address to which notices may be sent. (3) Where a statement has been given to the Receiver under subsection (2) and the entitlement is proved to his satisfaction, he shall, on taking possession of any wreck found at a place to which the statement refers, within 48 hours, send to the specified address a description of the wreck and of any marks distinguishing it. (4) (a) Where, in respect of any wreck found in Mauritius or in Mauritius waters and in the possession of the Receiver, no owner establishes a claim to it within one year after it came into the Receiver’s possession, the wreck shall be dealt with as provided in this subsection. (b) Where the wreck is claimed by a person who has delivered the statement required by subsection (2) and has proved to the satisfaction of the Receiver his entitlement to receive unclaimed wreck found at the place where the wreck was found, the wreck shall, on payment of all expenses, costs, fees and salvage due in respect of it, be delivered to that person. (c) Where the wreck is not claimed by a person in accordance with subsection (2), the Receiver shall sell the wreck and pay the proceeds into the Consolidated Fund, after deducting all expenses, costs and fees and all salvage due in respect of it.

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