1854. values at which he estimates the said ship, freight, cargo M. S. Act, (4.) Any other circumstances he thinks relevant to the said claim: And the said master or other person in charge of the said ship, cargo, or property shall add to his statement, (5.) A copy of the certificate of registry of the said ship, and of (7.) A general account of the quantity and nature of the cargo (8.) The name and place of business or residence of the owner (9.) The values at which the said master estimates the said ship, (10.) The amounts which the master thinks should be paid as (11.) An accurate list of the property saved, in cases where the ship is not saved: (12.) An account of the proceeds of the sale of the said ship, cargo, (13.) The number, capacities, and condition of the crew of the (15.) A statement of his willingness to execute a bond, in the For form of bond, see post, p. 323. bond is to 487. The said consular officer or Judge, as the case may be, shall, Consular within four days after receiving the aforesaid statements, fix the err Judge to fix amount to be inserted in the said bond at such sum as he thinks amount for sufficient to answer the demand for the salvage services rendered; but which a such sum shall not exceed one-half of the value which in his estima- be given. tion the said ship, freight, and cargo, or any parts thereof in respect of which salvage is claimed, are worth; and the said consular officer or Judge may, if either of the aforesaid statements is not delivered to him within the time hereby required, proceed ex parte, but he shall in no case under this Act require the cargo to be unladen; and the said consular officer may in any proceeding under this Act relating to salvage take affidavits and receive affirmations. Y M. S. Act, 1854. 488. The said consular officer or Judge shall send notice of the sum which he has so fixed as aforesaid to the said salvor and the said master; and upon such master executing a bond in such form as aforesaid, with the said sum inserted therein, in the presence of the said officer or Judge (who shall attest the same), and delivering detention to the same to the said salvor, the right of the said salvor to detain or retain possession of the said ship, cargo, or property, or any of them in respect of the said salvage claim, shall cease. On master executing bond, the right of cease. Provision for additional the case of ships owned by persons resident out 489. If the ship, cargo, or property in respect of which the claim for salvage is made is not owned by persons domiciled in her Secuity in Majesty's dominions, the right of the salvor to detain or retain possession thereof shall not cease unless the master procures, in addition to the said bond, such security for the due performance of the conditions thereof as the said officer or Judge considers sufficient for the purpose, and places the same in the possession or custody of the said officer or Judge, or, if the salvor so desires, in the possession or custody of the said officer or Judge jointly with any other person whom the said salvor appoints for the purpose. of her Majesty's dominions. Documents 490. The said consular officer or Judge shall at the earliest opporto be sent to tunity transmit the said statements and documents so sent to him as England. aforesaid, and a notice of the sum he has so fixed as aforesaid, to the High Court of Admiralty of England, or if the said salvor and the said master or other person in charge as aforesaid agree that the said bond shall be adjudicated upon by any Vice-Admiralty Court, to such Court. Whom the bond shall bind. Court in 491. The said bond shall bind the respective owners of the said ship, freight, and cargo, and their respective heirs, executors, and administrators, for the salvage adjudged to be payable in respect of the said ship, freight, and cargo respectively. 492. The said bond shall be adjudicated on and enforced by the which it is High Court of Admiralty in England, or if the said salvor and to be adjudicated on. master at the time of the execution of the said bond agree upon any Vice-Admiralty Court, then by such Vice-Admiralty Court; and any such Vice-Admiralty Court may in every proceeding under this Act have and exercise all powers and authorities whatsoever which the said High Court of Admiralty now has or at any time may have in any proceeding whatsoever before it; and in cases where any security for the due performance of the conditions of the said bond has been placed in the possession or custody of the said consular officer or Vice-Admiralty Judge, or of such officer or Judge jointly with any other person, the person or persons having the custody of such security shall respectively deal with the same in such manner as the Court that adjudicates on the bond directs. Power of High Court of Admi ralty to enforce bonds. Saving clause. 493. The said High Court of Admiralty shall have power to enforce any bond given in pursuance of this Act in any Vice-Admiralty Court in any part of her Majesty's dominions; and all Courts in Scotland, Ireland, and the islands of Jersey, Guernsey, Alderney, Sark, and Man exercising Admiralty jurisdiction shall, upon application, aid and assist the High Court of Admiralty in enforcing the said bonds. 494. Any such salvor as aforesaid of any ship, cargo, or property who elects not to proceed under this Act shall have no power to detain the said ship, cargo, or property, but may proceed otherwise 1854. for the enforcement of his salvage claim as if this Act had not been M. S. Act, passed; and nothing in this Act contained shall abridge or affect the rights of salvors, except in the cases by it provided for. SALVAGE (GENERAL). shall have mentioned. 497. Whenever services for which salvage is claimed are rendered Voluntary agreement either by the commander or crew, or part of the crew, of any of her may be Majesty's ships, or of any other ship, and the salvor voluntarily made which agrees to abandon his lien upon the ship, cargo, and property alleged the same to be salved, upon the master or other person in charge thereof enter- effect as the ing into a written agreement attested by two witnesses to abide the bond above decision of the said High Court of Admiralty, or of any Vice-Admiralty Court, and thereby giving security in that behalf to such amount as may be agreed on by the parties to the said agreement, such agreement shall bind the said ship and the said cargo and the freight payable therefor respectively, and the respective owners of the said ship, freight, and cargo for the time being, and their respective heirs, exe cutors, and administrators, for the salvage which may be adjudged to be payable in respect of the said ship, cargo, and freight respectively to the extent of the security so given as aforesaid, and may be adjudicated upon and enforced in the same manner as the bonds provided for by the eighth part of this Act, in the case of detention for salvage services rendered by her Majesty's ships; and upon such agreement being made the salvor and the master, or other person in charge as aforesaid, shall respectively make such statements as are herein before required to be made by them in case of a bond being given, except that such statements need not be made upon oath ; and the salvor shall, as soon as practicable, transmit the said agreement and the said statements to the Court in which the said agreement is to be adjudicated upon. having to apportion 498. Whenever the aggregate amount of salvage payable in respect Powers for of salvage services rendered in the United Kingdom has been finally Courts ascertained, and exceeds two hundred pounds, and whenever the Admiralty aggregate amount of salvage payable in respect of salvage services jurisdiction rendered elsewhere has been finally ascertained, whatever such salvage. amount may be, then if any delay or dispute arises as to the apportionment thereof, any Court having Admiralty jurisdiction may cause the same to be apportioned amongst the persons entitled thereto in such manner as it thinks just; and may for that purpose, if it thinks fit, appoint any person to carry such apportionment into effect, and may compel any person in whose hands or under whose control such amount may be to distribute the same, or to bring the same into Court, to be there dealt with as the Court may direct, and may for the purposes aforesaid issue such monitions or other processes as it thinks fit. TABLE W. (See section 486.) SALVAGE BOND. [N.B.—Any of the particulars not known or not required by reason of the claim being only against the cargo, &c., may be omitted.] WHEREAS certain salvage services are alleged to have been rendered by the ship [insert names of ship and of commander], commander, to the M. S. Act, merchant ship [insert names of ship and master,] master, belonging to 1854. [name and place of business or residence of owner of ship), freighted by [the same of the freighter], and to the cargo therein, consisting of state very shortly the descriptions and quantities of the goods and the names and addresses of their owners and consignees]: And whereas the said ship and cargo have been brought into the port of [insert name and situation of port], and a statement of the salvage claim has been sent to [insert the name of the consular officer or Vice-Admiralty Judge, and of the office he fills], and he has fixed the amount to be inserted in this bond at the sum of [state the sum]: Now I, the said [master's name], do hereby, in pursuance of the Merchant Shipping Act, 1854, bind the several owners for the time being of the said ship and of the cargo therein, and of the freight payable in respect of such cargo, and their respective heirs, executors, and administrators, to pay among them such sum, not exceeding the said sum of [state the sum fixed], in such proportions and to such persons as [if the parties agree on any other Court, substitute the name of it here] the High Court of Admiralty in England shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid. In witness whereof I have hereunto set my hand and seal, this [insert the date] day of Signed, sealed and delivered by the said [master's name]. (L.S.) In the presence of [name of consular officer or Vice-Admiralty Judge, and of the office he fills]. Stipulations salvage. THE MERCHANT SHIPPING ACTS AMENDMENT ACT, 1862. 25 & 26 VICT. c. 63. 18. It is hereby declared, that the 182nd section of the principal concerning Act does not apply to the case of any stipulation made by the seamen belonging to any ship, which according to the terms of the agreement is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by such ship to any other ship or ships. Extension and amend WRECK AND SALVAGE (PART VIII. OF MERCHANT SHIPPING ACT, 1854.) 49. The provisions contained in the eighth part of the principal Act for giving summary jurisdiction to two justices in salvage cases, and for preventing unnecessary appeals and litigation in such cases, jurisdiction shall be amended as follows: (that is to say,) ment of summary in small salvage cases. (1.) Such provisions shall extend to all cases in which the value (3.) It shall be lawful for one of her Majesty's principal secre- 1862. (4.) When no such rota is appointed, it shall be lawful for the M. S. Act, (5.) If either party fails to name a justice within a reasonable (6.) It shall be competent for any stipendiary magistrate, and (7.) It shall be lawful for one of her Majesty's principal secre- 50. Whenever any salvage question arises, the receiver of wreck Receiver for the district may, upon application from either of the parties, a valuer in may appoint appoint a valuer to value the property in respect of which the salvage salvage claim is made, and shall, when the valuation has been returned to cases. him, give a copy of the valuation to both parties; and any copy of such valuation, purporting to be signed by the valuer, and to be attested by the receiver, shall be received in evidence in any subsequent proceeding; and there shall be paid in respect of such valuation, by the party applying for the same, such fee as the Board of Trade may direct. consent of 59. Whenever it is made to appear to her Majesty that the govern- Provision ment of any foreign country is willing that salvage shall be awarded concerning salvage of by British Courts for services rendered in saving life from any ship life may, belonging to such country when such ship is beyond the limits of with the British jurisdiction, her Majesty may by order in Council direct that any foreign the provisions of the principal Act and of this Act, with respect to country, be salvage for service rendered in saving life from British ships, shall in applied to its ships on all British Courts be held to apply to services rendered in saving life the high from the ships of such foreign country, whether such services are scas. rendered within British jurisdiction or not. THE MERCHANT SHIPPING ACT, 1873. 36 & 37 VICT. c. 85. 18. The signals specified in the first schedule to this Act shall be Signals of deemed to be signals of distress. Any master of a vessel who uses or displays, or causes or permits any person under his authority to use or display, any of the said distress. |