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24-05-2019, 17:55
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#2
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cruiser
Join Date: Jan 2017
Boat: Retired from CF
Posts: 13,317
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Re: Nova Scotia Robbery
Ermm, that phenomenon has ancient roots, used to be the economic basis for entire communities, e.g. Cornwall, the Keys. . .
The Cornish practices commonly included murdering everyone aboard, with impunity since it was such a long-held tradition.
https://www.history.com/news/wreckers-shipwrecks
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24-05-2019, 21:40
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#3
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Registered User
Join Date: Jul 2005
Location: Bellingham
Boat: Outbound 44
Posts: 9,319
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Re: Nova Scotia Robbery
It's always tough sailing in third world countries. You have to always be on your game.
OK, jusr couldn't resist
__________________
Paul
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24-05-2019, 21:55
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#4
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Registered User
Join Date: Jan 2011
Location: Cowichan Bay, BC (Maple Bay Marina)
Posts: 9,759
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Re: Nova Scotia Robbery
Skipper called it an accident. Hmmm... While we all know stuff happens, I'd like to know more about how a sail got overboard and jammed the prop. They didn't leave anyone on board? They never read a book about what happens???
__________________
Stu Jackson
Catalina 34 #224 (1986) C34IA Secretary
Mill Bay, BC, SR/FK, M25, Rocna 10 (22#) (NZ model)
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24-05-2019, 22:10
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#5
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cruiser
Join Date: Sep 2014
Boat: 1980 (Canning) Mariner36
Posts: 834
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Re: Nova Scotia Robbery
Quote:
Originally Posted by john61ct
Ermm, that phenomenon has ancient roots, used to be the economic basis for entire communities, e.g. Cornwall, the Keys. . .
The Cornish practices commonly included murdering everyone aboard, with impunity since it was such a long-held tradition.
https://www.history.com/news/wreckers-shipwrecks
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lol...."and two new Cadillacs" i really would like to know how they pulled that one off. interesting i never heard about them before.
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25-05-2019, 00:56
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#6
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Registered User
Join Date: Apr 2007
Location: Australia
Boat: Island Packet 40
Posts: 6,501
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Re: Nova Scotia Robbery
A friend of mine went onto a beach and while he was waiting for assistance the thieves turned up and when he said he was the owner accused him of being a liar and being greedy and wanting more than his share.
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25-05-2019, 04:35
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#7
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Senior Cruiser
Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 51,354
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Re: Nova Scotia Robbery
"Esprit de Corps IV" is a Volvo Ocean 60 design, owned by Atlas Ocean Racing. She competed in five international races between the months of February and May: the RORC Caribbean 600, the Heineken Regatta, les Voiles de St Barth, the Antigua Sailing Week and the Antigua-Bermuda. She was returning home, from Bermuda.
__________________
Gord May
"If you didn't have the time or money to do it right in the first place, when will you get the time/$ to fix it?"
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25-05-2019, 06:28
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#8
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Registered User
Join Date: May 2012
Location: Halifax, NS, Canada
Boat: 47' Steel Roberts Cutter
Posts: 489
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Re: Nova Scotia Robbery
Terrible to see- both the initial accident and the subsequent looting. It's a small community around here... eventually the details will come out about who stripped the
Boat.
Of all the places along this coast where I would have expected her to be relatively safe from looting, I would have thought that off Lunenburg, where there is a strong history of welcoming sailors aNd fishermen of all stripes; would have been a good choice.
I guess- like all coastal communities - there are a still opportunistic folks who see an abandoned vessel as fair game. Legally, it probably is fair game - I'm no expert there - but stripping the boat within 24 hours of abandonment was pretty aggressive. Owners and crew barely had time to dry out and make a plan before the vultures descended!
Not the kind of behavior I'd expect from my maritime countrymen- if it was them at all.
There are a lot of lobster boats out these days- final weeks of the season off that part of the coast. I doubt a lobster man would have the vaguest interest in stripping a wreck- they have no time to mess with things like that during the season. But there would have been several nearby with eyes out there, so someone knows something for sure.
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25-05-2019, 08:08
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#9
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Senior Cruiser
Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 51,354
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Re: Nova Scotia Robbery
Quote:
Originally Posted by NSboatman
... I guess- like all coastal communities - there are a still opportunistic folks who see an abandoned vessel as fair game. Legally, it probably is fair game - I'm no expert there - but stripping the boat within 24 hours of abandonment was pretty aggressive. Owners and crew barely had time to dry out and make a plan before the vultures descended! ...
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No, it's neither legal, nor "abandoned".
If my car experiences mechanical difficulties on the highway, and I am forced to leave it to seek help, no one may take it in my absence, or help himself to its parts. By separating myself from my possessions, I have in no way given up my claim to ownership.
On the sea similar rules apply, although with some necessary distinctions. Despite beliefs to the contrary, a ship abandoned in peril is not without proprietorship. Those on board, forced to relinquish control of their vessel, do not give up title, any more than I do with my car on the road.
Taken a step further, even should the ship sink, the owner is no more dispossessed of his belongings, than I would be should a rain storm surround my car with a puddle. The depth of water does not transfer title of either the ship or its cargo to an enterprising profiteer, and one who removes goods or ship’s appurtenances at this stage is wrongfully relieving another of his property.
Eventually, however, property may be legally abandoned. This occurs first when the insurance underwriter concludes that the ship and cargo are not recoverable with any degree of economic feasibility, and voluntarily relinquishes ownership. At that time anyone can lay claim and attempt salvage, at his own expense, and without any obligation or responsibility incumbent upon the original owner.
A lost or sunken ship becomes “derelict”, when sufficient time has passed, during which the owners have shown no intention of recovery.
In the navigable waters of the United States, this period is 30 days.
I’m not certain of exact the Canadian regulations.
__________________
Gord May
"If you didn't have the time or money to do it right in the first place, when will you get the time/$ to fix it?"
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25-05-2019, 10:36
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#10
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Registered User
Join Date: May 2012
Location: Halifax, NS, Canada
Boat: 47' Steel Roberts Cutter
Posts: 489
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Re: Nova Scotia Robbery
That does make sense.
Good to know Gord- thanks!
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25-05-2019, 10:47
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#11
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Senior Cruiser
Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 51,354
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Re: Nova Scotia Robbery
Quote:
Originally Posted by GordMay
... A lost or sunken ship becomes “derelict”, when sufficient time has passed, during which the owners have shown no intention of recovery.
In the navigable waters of the United States, this period is 30 days.
I’m not certain of exact the Canadian regulations.
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What is a derelict in Canada?
There is no definition of “derelict and abandoned vessel” in the Canada Shipping Act, 2001 (CSA 2001).
In the case of:
“The Humboldt v The Escort” (No 2)(1914), 21 Ex. C.:
"Derelict" is a term legally applied to a thing which is abandoned and deserted at sea by those who were in charge of it, without hope on their part of recovering it, and without intention of returning to it.
__________________
Gord May
"If you didn't have the time or money to do it right in the first place, when will you get the time/$ to fix it?"
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25-05-2019, 12:57
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#12
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cruiser
Join Date: Jan 2017
Boat: Retired from CF
Posts: 13,317
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Re: Nova Scotia Robbery
On the other hand possession is 9/10ths of the law,
or, more accurately, sometimes the law just isn't relevant.
In theory, there is no difference between theory and practice; but in practice, there is.
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25-05-2019, 13:38
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#13
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Senior Cruiser
Join Date: Mar 2003
Location: Thunder Bay, Ontario - 48-29N x 89-20W
Boat: (Cruiser Living On Dirt)
Posts: 51,354
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Re: Nova Scotia Robbery
If possession is 9/10THs of the law, what is the other tenth?
Of course, the adage is not a law, but a logical rule of force.
__________________
Gord May
"If you didn't have the time or money to do it right in the first place, when will you get the time/$ to fix it?"
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