service. rendered is not an unimportant element in estimating the A.D. 1865. reward to be given, provided it has been exposed to risk and danger in the performance of the service. The greater the risk to property used risk incurred by the salvors or their property, the greater in rendering should be the remuneration. It is from the same consider- the salvage ation that no salvage is allowed for the use of her Majesty's ships, or the consumption of stores and articles belonging to her Majesty, as even were the vessel totally lost in rendering the services the loss would not fall on the salvors. (e.) The skill and knowledge of the salvors is an essential ingre- Skill shown by salvors. dient in a meritorious salvage service. The same skill, however, that would be required from duly licensed pilots, is not to be expected from ordinary smacksmen or boatmen assuming the management of vessels in cases of difficulty; but to entitle such salvors to reward it must be shown that they possessed skill commensurate with their vocation and condition in life, and adequate to the duties they undertook to perform. Where the services have been performed by pilots, care should be taken to ascertain that the services were really of a salvage nature, and that the vessel was actually in distress; for otherwise they must be rewarded merely as pilotage. The rate of remuneration to pilots has, under the provisions of the Pilot Acts, been fixed on a liberal scale, and in return they are bound to afford their assistance in all weathers, except at the risk of their lives. It is, however, a settled doctrine of the Court of Admiralty, that pilots may claim as salvors in circumstances of great danger, or where other than mere pilotage services have been required of them. No pilot is bound to take charge of a vessel in distress for mere pilotage reward; and if he do take charge of a vessel so circumstanced he is entitled to a salvage remuneration. In all such cases, the skill and knowledge possessed by persons of this class fairly entitle them to a liberal reward. 95. When the services also have been rendered by steam vessels, Service by they are always considered as entitled to a very liberal reward, not steam only on account of the great value of the property which is thereby exposed to risk, but because of the great skill and power of vessels of that description, and the expedition with which services are generally performed by them. Steam vessels are usually fitted out at great expense, and they are so peculiarly adapted to rescue other vessels from positions of great danger, from which no human power could save them, that they are entitled to be liberally rewarded. When, however, an agreement has been made by a steam vessel for the performance of an ordinary towage service, such an agreement should not be lightly set aside on account of any unfavourable change in the weather, or of any trifling circumstance occurring not materially affecting the performance of the stipulated service. If, indeed, it should be discovered that the vessel towed had been damaged previous to the agreement being made, so as materially to increase the difficulty of towing her, and that circumstance had been kept from the knowledge of those in charge of the steam vessel, the agreement would not be binding, and a claim of vessels. A.D. 1865. salvage might be preferred. Agreements, however, should in general be considered as binding on the respective parties; and, if the existence of an agreement be once established, the onus rests upon the party impeaching it to show by a preponderance of evidence that the agreement has been abandoned by consent of both parties, or that the circumstances have so entirely changed as to make a strict performance of the contract a matter of manifest injustice to the one party or the other. But it is no argument on the one side or the other against the validity of such an agreement, that greater or fewer difficulties than were anticipated, in consequence of the change of weather or other circumstances, attended its performance. Principles on which apportion 97. The principles which regulate the apportionment of a salvage reward amongst the parties entitled thereto are in most cases comment is to paratively simple. The cases which will fall within the cognizance of the receivers will generally be found to belong to one or other of the following classes. Where the salvage services have been rendered, be made. Revenue cruisers and coastguard. Smacksmen, boatmen, and fisher men. (a.) By revenue cruisers or coastguard men. (d.) By the master and crew of some vessel. (a.) As regards the first class of salvors, the revenue cruisers and coastguard men, rules have been laid down for the distribution of rewards of all kinds amongst the officers and men engaged; and the receivers should therefore pay over the whole amount due to the officers and men to the inspecting officer of the division, who will distribute the same under the authority of the comptroller-general of the coastguard. A special report should be made by the inspecting officer in cases where special skill or enterprise has been shown, or special risk incurred by any individual, in order that directions may be issued, if necessary, for giving a special reward. (b.) With regard to the second class of salvors, the smacksmen, boatmen, and fishermen, it will generally be found that there is a scale of distribution recognised and agreed upon amongst them; the smack or boat has a certain number of shares, and the remainder belong to the master and crew in certain agreed proportions. Where such a scale exists, it should be strictly adhered to in making an apportionment of salvage, unless indeed any one or more of the men have shown great skill and enterprise or incurred greater risk than the others, when an exception may sometimes be made in their favour. Where, however, salvage has been awarded to the crew of a smack or boat amongst whom there is no such agreed scale of distribution, the receivers will do well in making the apportionment to follow the scale of distribution generally adopted amongst the smacksmen and boatmen in the neighbourhood; as such agreements are generally found to be based upon principles of justice and equity, and are such as best conduce to the interests of the community by whom they have been adopted. Where a cargo of fish has been spoiled or injured in rendering and lands men. the salvage service, care should be taken, in making the A.D. 1865. apportionment, to ascertain upon whom the loss will fall, and a corresponding allowance should be made to them. (c.) With regard to the third kind of salvors, beachmen and Beachmen landsmen, it will generally be proper to divide the salvage equally amongst them all. They will probably, in most instances, be found to belong to the same class of life, to have incurred the same risk and the same amount of labour, and to have shown the same skill in the performance of the services. Should any of them have, however, greatly distinguished themselves, it will be proper to give them a larger proportion of the salvage award. her crew. 'd.) The fourth class of case, where the salvage services have been Vessel and rendered by a vessel and her master and crew, will be found by the receivers to be most difficult, as the apportionment must depend upon a consideration of the whole circumstances of the case, and whether the preservation of the property is due principally to the services of the salving vessel herself, or to the personal exertions and risk incurred by the master or the crew. As a general rule, it may be stated that, where the services have been chiefly performed by the vessel herself, as in the case of a derelict, where the property has been towed into a place of safety, one half of the salvage reward is given to the owners of the salving vessel, from one-fourth to one-eighth to the master, and the remainder amongst the crew in proportion to their wages. This is the scale of distribution usually adopted where the salvage services have been performed by steamers, and where it may generally be said that success is due chiefly to the power and construction of the vessel herself. Where, however, the principal part of the services have not been rendered by the vessel, and where the vessel has not been exposed to any risk or danger, but where the preservation of the property is due in great measure to the personal exertions of the master and crew, then a much smaller portion of the salvage is awarded to the owners of the vessel. It is, however, a question of appreciation, dependent entirely upon the circumstances of each particular case, and in regard to which no positive general rule can be laid down. The greater the risk to the master and crew, and the less the risk to the vessel, the greater must be the proportion awarded to the actual salvors, and the less to the owners of the salving vessel. Finally, It should be observed that apprentices are entitled to share in an allotment of salvage; and that the master or the owners of the vessel cannot claim the shares which may fall due to their apprentices; and also, that, if a contract giving up or making over any claim to salvage to any person whatever is made by any seaman or apprentice prior to the accruing of such claim, such contract is absolutely void, as being against equity, public policy, and positive enactment. (See Merchant Shipping Act, 1854, ss. 182 and 233.) If, however, a vessel is especially engaged for salvage services and it appears by the terms of the agreement made with the A.D. 1865. crew that the ship is to be employed on salvage service, then the crew are only entitled to the remuneration specified in the agreement. (See s. 18 of the Merchant Shipping Act, Amendment Act, 1862.) A.D. 1875. PART V. RULES OF THE COURT OF ADMIRALTY OF THE CINQUE MADE 26 JUNE, 1875. Whereas it is expedient to amend the practice of the Court of Admiralty of the Cinque Ports, and their members and appurtenances, and to assimilate the same as far as may be practicable to the practice of the High Court of Admiralty of England: Now I, the Honourable Sir Robert Joseph Phillimore, Knight, Doctor of Laws, Judge Official and Commissary of the said Court of Admiralty of the Cinque Ports, hereby order as follows: 1. All causes in the said Court shall be instituted in the manner prescribed by the rules, orders, and regulations for the High Court of Admiralty in England in force for the time being, and shall be carried on by petition and answer, and in all respects to termination, conformably to the aforesaid rules, orders, and regulations as far as can be, or the same are applicable to the jurisdiction of the Admiralty of the Cinque Ports, and the same are now hereby varied. 2. The ancient practice of the Court of Admiralty of the Cinque Ports shall continue in force in all cases where the rules, orders, and regulations of the High Court of Admiralty are inoperative or inapplicable to it. 3. The pleadings and proofs shall be printed, unless the judge or his surrogate shall otherwise order. 4. The fees shall be paid as heretofore, in money and not in stamps. 5. The judge or his surrogate shall, in all cases of doubt, from time to time determine and direct the practice of the Court. And for this purpose application may be made by either party to the judge or surrogate at chambers through the registrar. 6. The judge or his surrogate shall have power to direct within what time any pleadings or proofs shall be brought in or filed. 7. The registrar shall be the examiner of the Court. 8. The registrar shall have the power to settle and determine from time to time the fees and expenses to be paid or allowed to the Serjeant of Admiralty. 9. The interpretation clause of the rules, orders, and regulations of the High Court of Admiralty shall be read by substituting the Court of Admiralty of the Cinque Ports for the High Court of Admiralty of England. 10. All serjeants and barristers-at-law, and all proctors, attorniesat-law, and solicitors, shall be entitled to practice in all causes in the Court of Admiralty of the Cinque Ports. 11. These rules shall come into operation from the date hereof. Given under my hand, the 26th day June, 1875. ROBERT PHILLimore, Judge of the Court of Admiralty of the Cinque Ports. A.D. 1875. Registrar, Dover. PART VI. REGULATIONS FOR PREVENTING COLLISIONS AT SEA, At the Court at Windsor, the 27th day of November, 1880. A.D. 1880. Present: The Queen's most excellent Majesty in Council. Whereas by an order in council made in pursuance of the Merchant Shipping Act Amendment Act, 1862, and dated the 9th day of January, 1863, Her Majesty was pleased to direct: First, that the regulations contained in the schedule to the said And whereas by several orders in council subsequently made, Her Majesty was pleased to direct that the regulations appended to the said recited order should apply to ships of the countries specified in the said orders, whether within British jurisdiction or not: And whereas by order in council, dated the thirtieth day of July, one thousand eight hundred and sixty-eight, Her Majesty was pleased to make certain additions to the regulations appended to the said first-recited order in council : And whereas by order in council, dated the fourteenth day of August, one thousand eight hundred and seventy-nine, Her Majesty, on the joint recommendation of the Admiralty and the Board of Trade, was pleased to direct that, on and after the first day of September, one thousand eight hundred and eighty, the said regulations and the additions thereto should be annulled, and that there should be substituted therefor the new regulations contained in the first schedule thereto, and that the same should, from and after the first day of September, one thousand eight hundred and eighty, apply to ships belonging to the following countries; that is to say, |