ancient Admiralty Court originally and exclusively extended outside the body of a
county.
102 By the end of the nineteenth century, the former Admiralty jurisdiction
over wreck was used in a rather restricted sense. This restriction pertained to wrecks,
cast ashore where no prohibition was issued.
103 Eventually, the Admiralty jurisdiction was extended to the body of a county and the salvage jurisdiction in the case of
wreck, the ones that were formerly exercised within the framework of the common
law in the bodies of counties, was transferred to the Admiralty jurisdiction.
104 In the
Admiralty Court, the definition of “wreck” gained a broader scope, and was resolved
in the Case of Sir Henry Constable.
105
“That nothing shall be wreccum maris, but
such goods only which are cast or left on the land by the sea”, as referred with
approval to explanations of the term “wreck” by sir John Nicholl, has been portrayed
as a settled recourse to the complex delineation of “wreck” as observed in the ancient
descriptions.
106
“Derelict”, on the other hand, often used synonymously with “abandoned”, is a
term legally applied to a thing, which is abandoned and deserted at sea by its master
and crew.
107 The essence of the subject matter of derelict is preceded by the
condition that there is an “absence of hope in the recovery”
108 of the vessel in
question. In addition, there must also remain the bona-fide
109 intention of permanent
abandonment where the owner, the master or the crew shall “refrain from
returning”
110 to the vessel that has been so abandoned. The test of “intention” is
nominally subjective and is understood as being linked to immediate voluntary
102 Ibid. at 99 § 3. The authors’ analyses emphasises wrecks, which could only be classified as such
if cast upon land coupled with the further fact that the high seas extended only to low-water mark.
This invoked the idea that the wreck could never have been within the admiralty jurisdiction.
103 Mukherjee (2002), pp. 35–36, 41, footnote 24, p. 43.
104 Ibid.
105 Sir Henry Constable’s Case (1600) 5 Co. Rep. 106a 77 E.R. 218, p219f; See, e.g., Sir Henry
Constable’s Case, 77 Eng. Rep. 218 (Q.B. 1601).
106 Ibid., Sir John Nicholl has provided a succinct distinction between ships and goods in The King v
Forty nine Casks of Brandy, 3 Hagg. 257 (1836), where it was identified that “. . . for wreccum
maris significat illa bona, quæ naufragio ad terram appelluntur: flotsam is when a ship is sunk, or
otherwise perished, and the goods float on the sea; jetsam is when the ship is in danger of being
sunk, and to lighten the ship the goods are cast into the sea, and afterwards notwithstanding the ship
perish. Lagan (rel potius ligan) is when the goods which are so cast into the sea, and afterwards the
ship perishes, and such goods cast are so heavy that they sink to the bottom, and the mariners, to the
intent to have them again, tie to them a buoy, or cork, or such other thing that will not sink, so that
they may find them again, & dicitur lig. a ligando: and none of these goods which are called jetsam,
flotsam or lagan, are called wreck so long as they remain in or upon the sea; but if any of them by the
sea be put upon the land, then they shall be said wreck”. See also Richard and Fogarty (2004).
107 Kennedy and Rose (2002), p. 103 § 1.
108 Guided by the doctrine of sine spe recuperandi.
109 The first usage of the term “bona-fide” in terms of abandoned and derelict vessels, has been
implied by Kennedy and Rose (2002). Although there is no clear nexus among the four conditions
that have been laid out by Kennedy, the bona-fide intention is used in conjugation to saving lives.
110 Guided by the principle of sine animo revertendi.
364
T. M. Johansson
county.
102 By the end of the nineteenth century, the former Admiralty jurisdiction
over wreck was used in a rather restricted sense. This restriction pertained to wrecks,
cast ashore where no prohibition was issued.
103 Eventually, the Admiralty jurisdiction was extended to the body of a county and the salvage jurisdiction in the case of
wreck, the ones that were formerly exercised within the framework of the common
law in the bodies of counties, was transferred to the Admiralty jurisdiction.
104 In the
Admiralty Court, the definition of “wreck” gained a broader scope, and was resolved
in the Case of Sir Henry Constable.
105
“That nothing shall be wreccum maris, but
such goods only which are cast or left on the land by the sea”, as referred with
approval to explanations of the term “wreck” by sir John Nicholl, has been portrayed
as a settled recourse to the complex delineation of “wreck” as observed in the ancient
descriptions.
106
“Derelict”, on the other hand, often used synonymously with “abandoned”, is a
term legally applied to a thing, which is abandoned and deserted at sea by its master
and crew.
107 The essence of the subject matter of derelict is preceded by the
condition that there is an “absence of hope in the recovery”
108 of the vessel in
question. In addition, there must also remain the bona-fide
109 intention of permanent
abandonment where the owner, the master or the crew shall “refrain from
returning”
110 to the vessel that has been so abandoned. The test of “intention” is
nominally subjective and is understood as being linked to immediate voluntary
102 Ibid. at 99 § 3. The authors’ analyses emphasises wrecks, which could only be classified as such
if cast upon land coupled with the further fact that the high seas extended only to low-water mark.
This invoked the idea that the wreck could never have been within the admiralty jurisdiction.
103 Mukherjee (2002), pp. 35–36, 41, footnote 24, p. 43.
104 Ibid.
105 Sir Henry Constable’s Case (1600) 5 Co. Rep. 106a 77 E.R. 218, p219f; See, e.g., Sir Henry
Constable’s Case, 77 Eng. Rep. 218 (Q.B. 1601).
106 Ibid., Sir John Nicholl has provided a succinct distinction between ships and goods in The King v
Forty nine Casks of Brandy, 3 Hagg. 257 (1836), where it was identified that “. . . for wreccum
maris significat illa bona, quæ naufragio ad terram appelluntur: flotsam is when a ship is sunk, or
otherwise perished, and the goods float on the sea; jetsam is when the ship is in danger of being
sunk, and to lighten the ship the goods are cast into the sea, and afterwards notwithstanding the ship
perish. Lagan (rel potius ligan) is when the goods which are so cast into the sea, and afterwards the
ship perishes, and such goods cast are so heavy that they sink to the bottom, and the mariners, to the
intent to have them again, tie to them a buoy, or cork, or such other thing that will not sink, so that
they may find them again, & dicitur lig. a ligando: and none of these goods which are called jetsam,
flotsam or lagan, are called wreck so long as they remain in or upon the sea; but if any of them by the
sea be put upon the land, then they shall be said wreck”. See also Richard and Fogarty (2004).
107 Kennedy and Rose (2002), p. 103 § 1.
108 Guided by the doctrine of sine spe recuperandi.
109 The first usage of the term “bona-fide” in terms of abandoned and derelict vessels, has been
implied by Kennedy and Rose (2002). Although there is no clear nexus among the four conditions
that have been laid out by Kennedy, the bona-fide intention is used in conjugation to saving lives.
110 Guided by the principle of sine animo revertendi.
364
T. M. Johansson