2006 Delaware Code - CHAPTER 13 — VESSEL PROPERTY

§ 1301. Control by owner or owners of more than half part; master's refusal to surrender; penalty.

Every vessel owned by a citizen or citizens of this State shall be subject to the control of the vessel's owner, if there be but 1, or, if such vessel be owned by several jointly or in common, the vessel shall be subject to the control of the owner or owners of more than a half part.

The owner or owners of such share may discharge the master of such vessel, though the master be a part owner, and may maintain a civil action against the master to recover possession of the vessel if the master refuse to deliver the vessel to the owner or owners or to an agent, and recover damages for the detention.

If such master, upon being discharged, refuses or neglects to deliver to such owner or owners of more than a half part, or to an agent, on demand, the vessel with all the vessel's papers, tackle, apparel and furniture, the master shall be fined $100. (Code 1852, §§ 1236-1238; Code 1915, § 2989; Code 1935, § 3482; 23 Del. C. 1953, § 1301; 70 Del. Laws, c. 186, § 1.)

§ 1302. Forcible, fraudulent or secret taking of vessel; penalty.

Whoever forcibly, fraudulently or secretly takes or attempts to take and remove any vessel from any harbor, river, creek or sound within this State, on any pretense whatever, shall be fined not more than $500, and shall restore to the owners the vessel and cargo or the full value thereof. (Code 1852, § 1239; Code 1915, § 2990; Code 1935, § 3483; 23 Del. C. 1953, § 1302.)

§ 1303. Adrift or abandoned boats or vessels and lost, abandoned or stolen property relating to boats or vessels.

(a) Any person finding or having in that person's possession a boat or vessel that was adrift or abandoned or any lost, abandoned or stolen property relating to boats and vessels shall turn same over to the Department of Natural Resources and Environmental Control for disposition pursuant to subsection (b) of this section.

(b) Notwithstanding § 8026 of Title 29, whenever any boat, vessel or property relating to boats comes into the custody of the Department of Natural Resources and Environmental Control and the person entitled to possession of the same cannot be located and fails to claim the same for a period of 1 year, the Secretary of the Department of Natural Resources and Environmental Control may dispose of the same at public sale at some place which shall be convenient and accessible to the public; provided that the time, place and terms of said sale, together with a description of said property, shall be published in 1 or more daily newspapers in the State at least once each week for 2 successive weeks prior to said sale. The Secretary shall in the Secretary's discretion fix the terms of sale and may employ an auctioneer to make the sale. If the property be of the kind for which a certificate of title or registration shall or should have been issued by any commissioner, commission or department, whether state or federal, the Secretary shall cause notice by registered mail to be sent at least 10 days prior to the sale to the owner and lienholder, if any, shown on the records of such commissioner, commission or department, or to the person entitled to the possession thereof, if the person's address be known or if it can be ascertained by the exercise of reasonable diligence; and if said address cannot be so ascertained, then such notice shall not be required to be given.

(c) The proceeds from any property sold shall be placed in the General Fund, but only after any liens on the property are paid and any expenses incurred by:

(1) The Department of Natural Resources and Environmental Control;

(2) The individual or individuals who turned over property to the Department of Natural Resources and Environmental Control are paid.

Reimbursable expenses include all direct expenses associated with moving, caring for and stowing the property such as storage or tow charges.

(d) This section shall only apply to boats, vessels or property found in the territorial waters of this State and boats and vessels 100 feet or less in length.

(e) This section shall not apply to the salvage of sunken boats or vessels.

(f) This section shall not apply to archaeological resources, including but not limited to shipwrecks embedded in or located on the State's subaqueous lands, which are regulated by the Department of State, Division of Historical and Cultural Affairs pursuant to Chapter 53 of Title 7. (64 Del. Laws, c. 242, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 153, § 13.)

§§ 1304, 1305. [Reserved.]