The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-07-21

The BARK JACOB Hs A0UC00teFs
On Saturday last the sloop Neacs, arrived from
Molokai, bringing advioes that she had seen the
wreclrof the above vessel, particulars of the loss
of which we published last week. Capt. Thomas
Spencer and Capt. Small (late of the Lancaster
Immediately chartered the Ne,cs and set off in
one hours time after her arrival, to visit the
wreck. They reached Molokai on Sunday, and
found that the vessel had gone on shore under a
high bluff or precipice, some four or five hundred
feet high, but on a spur of rocks jutting out
about $50 feet. The bow of the vessel was all
broken to pieces but her stern and mizen-mast
still remained. For about three miles to leeward
of the bark, the shore was lined with pieces of
the wreck and casks, many of the latter steven
in. They counted 30 casks, of which 3S APP
peared to be in good condition. The natives in
the neighborhood were securing and carrying off
such portions of the floating wreck, timber and
copper as they could find. At one cove where
they came ON the natives suddenly, they found
them all gathered around an ale cask, enjoying
a bacchanalian treat. On Monday morning the
Ne,cs returned, and arrived here about shutdown.
The same day, advices came from Maui,
that the Sheriff of that island had visited the
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from the wreck, but Messrs. Spencer and Small
state that there were no evidences Of any foreigner
having bestowed any labor towards saving the
effects of the vessel and that the ale casks lay on
the beach just where the tide had left them.
The vessel and cargo, after being advertised,
was sold yesterday by A. Everett, realizing as
follows: The wreck, including all her spars,
&C., $50; the ale, said to be about 38 casks,
more OF less, $3.50; and the quicksilver, and
balance of cargo, 1885. The sale was largely
attended, and considering the uncertainty as to
the amount of property recoverable, the result
may be considered a high price. The quicksilver
is said to be in so strong iron packages, with
handles, so that, if it can be found, it may be
mostly recovered. 1t was valued at So, 900, and
may pay the wreckers handsomely.
The question has been raised, whether the sale
of the vessel as above is valid or not. Some say
that the abandonment Of the bark was full and
complete, when the captain and crew left her and
came to Honolulu, and that anybody who found
her could claim her as his property, and con-
sequently that the Sheriff of Maui can claim the
wreck as his own property, and demand ordinary
salvage. There are some things in the case to be
taken into consideration. The captain left his
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His first duty was to save the lives of his crew, and to
report the disaster to his Consul, which he imme-
diately did, although it required him to forsake
his property. Had he been conversant with the
language of the natives, he probably would have
made some arrangement with them to secure the
in case they could save it. If his vessel
is salvable, it strikes us that he has the full right
to claim possession of her at any time. The
Sheriff was only acting in his official duties when
he to6K possession of the wreck. He can only
claim a just and fair compensation for his services
and outlay. Perhaps it will be well for us to
quote the law here in regard to wrecked vessels.
new code is explicit on the subject, and from
it we quote.
OF WRECKS AND sHIPwREcKED GOODS.
SECTION $50. 1t shall be the duty of the Marshal,
Sherifs, and their deputies throughout the Kingdom,
the direction Of the respective Governors. to
charge of, secure and preserve for the owners
all wrecks and wrecked goods that may be
upon the shores Of their respective jurisdictions.
SECTION 361. Every Governor Immediately on
receiving intimation Of any shipwreck. or Of the
hiding Of any shipwrecked property to the amount
one hundred dollars, or more, on any of the shores
IT waters within his jurisdiction, shall order the
Sheriff to repair to the place where said wreck or
property may be found, aud in case the same shall
not be in custody of any owner or agent, he shall
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he same for the owners.
SECTION 1852. The Sheriff in such case, may en-
as many persons, as he shall think proper, to as
INST in preserving the property and he may appoint
to receive the same, and may suppress all
umults and disorders and if any person shall dis
any lawful order Of the Sheriff, he may be i'm
,risoned summarily, as the case may require, and
ipon subsequent trial he shall be fined for every
ofense in a sum not exceeding ten dollars, or
,e imprisoned at hard labor for a term not exceeding
hree months.
SECTION 363. The Sheriff shall, on every such
ccasion. take an inventory Of all the property that
hall come to his possession and when required by
he owner of the property, or his agent, or by
my person interested, he shall make oath to the
ruth of such inventory, and shall deliver q COPY
hereof, if required, together with all the said pro-
'erty, to the owner, or agent, or other person law
ully authorized to receive it provided there shall |
first paid, or secured to be paid, to the Sheriff, q
compensation for his services, and such
ustom house duties and other charges, if any, as he
hall have paid or become liable to pay, on account
{ the property in question.
SECTION $40. II no person interested shall an
ear and establish his claim to such property, the
herif shall present, under oath, to the Consul or
'ice-Consul. if there be one in the Kingdom, of the
alton to which the wrecked property may belong,
a case of its being foreign property, an inventory Of /
be same ; and If sold, An account Of the sales ; with
q account of all moneys paid BY him as duties and :
expenses on the same and he shall pay and deliver
ocounts, with all the property remaining in his
ands. and all papers found Iy him on board snch
reok !
re above law, in section 36l, declares that !,
15zeherid, in case tie wrecked property may !,
4 "a po9eaion of any pesron, & &ncH sGse
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