remuneration, will have regard to the nature of the services rendered in the particular case (i). The county courts have the same powers in all cases where the value of the property rescued does not exceed 1,000%.; or where the amount of salvage claimed does not exceed 3007.; or where the parties agree by a written memorandum signed by themselves or their agents that the county court shall have jurisdiction to decide as to the claim (j). If the sum claimed as salvage is not above 2007., or if the property rescued does not exceed 1,000l., the salvage is, in case of any dispute, to be summarily adjusted by two justices of the peace resident near the wreck, or by a stipendiary magistrate, or county court judge (k); whether or not the salvage service has been rendered within the United Kingdom (k). Even if above 2007. be claimed as salvage, the dispute may be thus summarily disposed of, if the parties consent. Against the award an appeal lies to the Admiralty Division of the High Court, if above 50%. be claimed as salvage, and if within ten days after the award the appellant give the justices, magistrate, cr county court judge notice of his intention to appeal, and if within twenty days from such award he commences his appeal (7). In the event of a dispute subsequently arising as to the apportionment of the salvage, the amount, provided it does not exceed 2007., can be paid over by the owners to the receiver of the district, who has to divide it amongst the persons entitled as he thinks fit (m). Salvage disputes arising within the boundaries of the Cinque ports, jurisdiction. D. 186; The Killeena, 6 P. D. 193; (i) See n. (i), ante, p. 186. (k) 17 & 18 Vict. c. 104, s. 460463; 25 & 26 Vict. c. 63, s. 49; The William & John, Br. & L. 49; The (7) 17 & 18 Vict. c. 104, ss. 464, 467. Apportionment by court. Salvor's lien. Salvage on recapture. Cinque Ports are determined in the Court of Admiralty of the Cinque Ports (n). The High Court has, however, a concurrent jurisdiction within their boundaries (o). The Admiralty Court has power to apportion the total amount awarded in respect of the salvage services amongst the various claimants. The court in doing so will be guided by the character of the risk run by the shipowners, and by the nature of the services rendered by the master, officers and crew of the vessel respectively (p). The salvor has a lien on not only the ship, but also on goods rescued from the perils of the sea. Further, if the shipowner pay the salvage due in respect of goods salved, he will have a lien on them to the extent of the sum he paid (2). CASE. A vessel, with a cargo on board, was abandoned at sea, and brought into harbour by salvors. The owners, on applying to the Court of Admiralty, obtained possession of the vessel and cargo, on giving security for the whole salvage. The vessel then again sailed, and was totally lost with the cargo. The plaintiff was obliged to pay the whole salvage. Held, that he had a lien on the cargo for its proportion of the salvage due, and an insurable interest in it (r). § 112. The owner of property recaptured from an enemy is entitled to it, on paying the amount due as salvage, no regard being paid to the amount of time which elapsed between the capture and recapture (s). The same rule applies to the allies of Great Britain, whose vessels have been, after being captured by the (n) 17 & 18 Vict. c. 104, s. 460. (0) The Maria Luisa, Swa. 67; The Jeune Paul, L. R., 1 A. & E. 336. (p) The Farnley Hall, 46 L. T. 216 (C. A.); The Kenmure Castle, 7 P. D. 47; 30 W. R. 708; The Castlewood, 42 L. T. 702 (P. C.). (a) Briggsv. The Merchant Traders' Association, 13 Q. B. 167; The Livietta, 8 P. D. 24; see "Case" at end of this §; and see Chap. XIII. § 87, p. 149. (r) Briggsv. The Merchant Traders' Association, 13 Q. B. 167. (s) 13 Geo. 2, c. 4, s. 18; 17 Geo. 2, c. 34, s. 20. enemy, recaptured by British ships; provided only that they treat British property on the same principle (t). The amount of salvage payable on recapture from an enemy has been regulated at different periods by various Acts of Parliament applicable to recaptures made from the enemy during the war then raging. The amount has generally been calculated at one-eighth of the value of the property recaptured, if rescued by a vessel of the Royal Navy; and at one-sixth if rescued by a private ship (u). § 113. If the owners of the rescued goods or vessel specially Salvage agreed, in consideration of their property being rescued, to agreements. pay to the salvors a certain sum as salvage, the agreement must be equitable, and an exorbitant sum must not be demanded; otherwise the agreement will not be enforced (x). If a vessel, when rendering salvage services to another, negligently runs into her, though she will be liable for the damage caused, she will not therefore be deprived of a sum previously agreed on for the salvage services; provided the negligence does not amount to crassa negligentia (y). On the other hand, if a vessel while rendering salvage services be injured without her fault by running into the other vessel, she can recover for the injury caused thereby, ard for demurrage during repairs (≈). CASES. 1. A ship with 550 passengers on board ran ashore in the Red Sea. Another ship came up, but refused to take the passengers to their destination for less than 4,000l. That sum was accordingly agreed to be paid, and the passengers were conveyed to their destination. Held, that the agreement was inequitable, and could not (t) The Santa Cruz, 1 Rob. 50, 63. (u) 43 Geo. 3, c. 160, ss. 39, 41; 45 Geo. 3, c. 72, s. 7; 48 Geo. 3, c. 132. (x) The Medina, 1 P. D. 272; 2 P. D. 5; The Silesia, 5 P. D. 177; 50 L. J., P. 9; 43 L. T. 319; 29 W. R. 156; see "Cases" (1) and (y) The C. S. Butler, L. R., 4 A. () The Mud Hopper, 40 L. T. 462. Duties of receiver of wreck. be enforced, but that 1,8007. should be paid for the salvage services (a). 2. The master of a ship, disabled about 340 miles from Queenstown, asked assistance from a mail steamer, and agreed to make his owners liable up to 15,000l., provided the mail steamer towed his ship to Queenstown. The court declined to enforce the agreement, and awarded 7,000l. as salvage, in addition to any penalties payable by the mail steamer on account of the deviation (b). § 114. In the event of a salvage of wreck occurring in the United Kingdom, the salvor must inform the receiver appointed by the Board of Trade to superintend matters relating to wreck in the district where the wreck happens. Such receiver has to take charge of and detain the ship and goods till the amount of the salvage is paid, or security given for its payment, or till process has been issued by some court of competent jurisdiction for their detention (c). Under the term wreck will be included any jetsam, flotsam, lagan or derelict found in or on the shores of the sea or any tidal water, fishing boats, floats, and nets (d); but not a vessel or barge which has merely drifted (e). 66 Flotsam," says Lord Coke, "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 is when the goods are so cast into the sea, and afterwards the ship perishes, and the goods 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" (ƒ). If the goods salved be damaged or of a perishable cha- Power to sell goods salved, racter, or if they be not worth the cost of warehousing, the receiver may sell them immediately. The proceeds of the sale will then be held subject to the same claims as the goods sold would have been, had they not been sold (ƒ). Further, the receiver can sell the property salved, if the salvage money be not paid within twenty days after it is admitted, or decided by the court to be due, and pay the salvage money out of the proceeds (g). After salved property has been released by the receiver of wreck on sufficient security being given, the salvors will have no right to detain the property, or to arrest it by warrant of the Admiralty Court (h). § 115. In all cases of abandonment or loss of, or injury to, any Wreck inship, or of any casualty to or on board her, happening on investigation. quiry and or near the coasts of the United Kingdom, or in any place whatever, provided competent witnesses are in the United Kingdom, the inspecting coastguard officer, or the principal officer of customs in the locality, is to institute an inquiry (¿), and, if he think it necessary, apply to two justices of the peace for a formal investigation before them. The justices have then to hear the case, and on its conclusion to send to the Board of Trade their report (). Until the inquiry is concluded, the master or mate may be required to deliver up his certificate of competency or service, under a penalty not exceeding 507. (7). § 116. The general superintendence of wreck throughout the Wreck how to United Kingdom, including the appointment of receivers be dealt with. of wreck, is vested in the Board of Trade (m). In the (f) 17 & 18 Vict. c. 104, s. 453. (g) Ib. s. 469. (h) The Lady Katherine Barham, Lush. 404. (i) 17 & 18 Vict. c. 104, s. 432. (k) Ib. s. 433; Ex parte Ferguson, (7) 17 & 18 Vict. c. 104, s. 438. |