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three days, the K. fell in with the B., and the five men were at their
7. The V., a screw steamship, during a gale drifted across the bows of the A. when at anchor in the Mersey, and with her propeller caught the anchor chains of the A. The two vessels were held together in a position dangerous to both. A tug held the A. whilst her chains were slipped, and afterwards towed her clear of the V. Held, that the owners, master and crew of the tug could claim salvage from the owners of the V.(p).
6. Certain steam tugs rendered salvage services by towing a sinking vessel, with passengers, cargo and bullion on board, into safety. Held, that the bullion was liable to contribute to the salvage reward, in proportion to its value rateably with the other property salved (9).
7. During a heavy storm a vessel was being driven to leeward towards dangerous sands. The captain was unacquainted with the place, and her loss seemed inevitable. Some pilots at the peril of their lives put off to sea to assist her, but were prevented by the height of the sea from boarding. However, preceding the ship, they guided her by means of signals to a safe anchorage. The ship had sustained no damage. Held, that the pilots were entitled to salvage(r).
8. A steamship carrying fore and aft sails only, and not rigged for proceeding under sail alone, broke the main shaft of her propeller. She was therefore obliged to employ another ship to tow her into port, a distance of forty miles. Held, that the service was not ordinary towage, but of a salvage character(s).
By whom not claimable.
§ 109. The crew or passengers of the vessel rescued cannot claim salvage for any assistance they may have rendered
(6) The Killeena, 6 P. D. 193. (0) Akerblom v. Price, 7 Q. B. D. (p) The Vandyck, 7 P. D. 42. 129 (C. A.); 50 L. J., Q. B. 629 ;
(9) The Longford, 6 P. D. 60; 50 44 L. T. 837. L. J., P. 28; 44 L. T. 254; 29 (s) The Jubilee, 42 L. T. 594. W. R. 491.
in preserving the vessel; at all events in the absence of any special circumstances (+).
But the crew of another ship, belonging to the same owner, can claim salvage, provided only that the services performed do not fall within the contract which they originally entered into with the owners, and for which they would be paid by their ordinary wages (1).
In the case of salvage services rendered by one of her Majesty's ships or its crew, no claim will be allowed in respect of loss of, or risk to, the ship or its stores (x).
CASES. 1. Two yessels came into collision on the high seas. damaged, and her crew escaped on board the other vessel, with the exception of her mate, who remained on board, and navigated her into port in safety with the help of a steamer. The mate for his important services was held entitled to salvage (y).
2. The vessels N. and S. belonged to the same owners. The N. met with the S. disabled on the high seas, and towed her into a port of safety. In doing so the N. deviated from her proper course. The crew of the N. were held entitled to sue the owners of the S. for salvage (2).
$ 110. Salvage will be payable whenever any ship or boat is Salvage stranded, or is otherwise in distress, on the shore of any the United
services in sea or tidal water within the United Kingdom (a), in Kingdom. respect of services rendered either (1) in assisting the ship or boat; (2) in saving the lives (6) of the persons on board ;
(1) The Jonet, L. R., 3 A. & E. 556; see “ Cases" (1) at end of
(u) The Sappho, L. R., 3 A. & E. 142; 3 P. C. 690; see “ Cases" (2) at end of this į; The Veptune, 1 Hagg. 227, 236.
() 17 & 18 Vict. c. 104, s. 484; The Cargo cx Woosung, 1 P. D. 260 (C. A.); The Cybele, 3 P. D. 8. As to claims for salvage by her Majesty's ships, see 17 & 18 Vict. c. 104, ss. 485–498.
(y) The Jonet, L. R., 3 A. & E. 556.
(z) The Sappho, L. R., 3 A. & E. 142; 3 P. C. 690.
(a) The Willem III., L. R., 3 A. & E. 487; see Cases" (1) at end of this g.
(%) The Cairo, L. R., 4 A. & E. 184; see “ Cases" (2) at end of this į; The Cargo cx Schiller, 2 P. D. 145; The Cargo cx Sarpedon, 3 P. D. 28.
or (3) in saving the cargo or apparel of such ship or boat. Salvage will also be payable to any person, who, not being a receiver of wreck, saves wreck within the United Kingdom (c). A dredging barge having no propelling power will be held a ship or boat within this rule (a).
Salvage for preservation of life is payable in priority to all other claims for salvage. It can be paid by the Board of Trade if the ship be destroyed, or its value be insufficient for its payment (e).
The shipowners will not be liable for life salvage, i. e., salvage for saving lives, in cases where no property belonging to them has been salved (s).
CASES. 1. A Dutch vessel, having taken fire on the high seas, some of her crew and passengers escaped in boats, and were picked-up by a French schooner. On the schooner falling in with a British ship, the passengers were at their own request put on board her and carried into an English port. The French schooner was not during any portion of the time within British waters. Held, that the schooner could not claim salvage under the Merchant Shipping Act, 185t, or the Admiralty Court Act, 1861 (9).
2. A steamship having been damaged by a collision, some of her crew, without the master's leave, got into one of the boats and rowed away. They were subsequently picked up at sea and rescued, when in serious danger, by a smack. Held, that the owners and crew of the smack were entitled to salyage remuneration (1)
$ 111. Salvage-how Generally the Admiralty Division of the Iligh Court recoverable.
will, on action brought, fix the amount of salvage due to the rescuers, and take care of the wreck and goods pendente lite (i). The court, in fixing the amount of the salvage
(c) 17 & 18 Vict. c. 104, s. 458.
(d) The Leda, Swa. 40; The Mac, 7 P. D. 38, 126 (C. A.); 51 L. J., P. 81; 46 L. T. 907.
(c) 17 & 18 Vict. c. 104, s. 459.
(f) The Cargo ex Sarpedon, 3 P. D. 28.
(9) The I’illem III., L. R., 3 A. & E. 487.
() The Cairo, L. R., 4 A. & E. 181.
( 17 & 18 Vict. c. 101, ss. 468, 476; 24 Vict. c. 10, s. 9; 25 & 26 Vict. c. 63, s. 59; The Craigs, 5 P.
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 1,0001. ; or where the amount of salvage claimed does not exceed 3001. ; 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 2001., or if the property rescued does not exceed 1,0001., 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 ().
Even if above 2001. 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 501. 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(?).
In the event of a dispute subsequently arising as to the apportionment of the salvage, the amount, provided it does not exceed 2001., 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 Killecna, 6 P. D. 193; William F. John, Br. & L. 49; The The Lancaster, 8 P. D. 65.
Louisa, Br. & L. 59; Beadnell v. (i) See n. (1), ante, p. 186. Beeson, L. R., 3 Q. B. 439.
(1) 31 & 32 Vict. c. 71, ss. 2, 3; (1) 17 & 18 Vict. c. 104, ss. 464, The Empress, L. R., 3 A. & E. 502; 465; 25 & 26 Vict. c. 63, s. 49; The Glannibanta, 2 P. D. 45. The Generous, L. R., 2 A. & E. 57.
(k) 17 & 18 Vict. c. 104, s. 460— (m) 17 & 18 Vict. c. 104, ss. 466, 463; 25 & 26 Vict. c. 63, s. 49; The
Apportionment by court.
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 (v).
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 (1)
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 ().
The same rule applies to the allies of Great Britain, whose vessels have been, after being captured by the
Salvage on recapture.
(») 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.).
(9) Briggs v, The Merchant Traders' Association, 13 Q. B. 107; The Livietta, 8 P. D. 24; see “Case" at end of this s; and see Chap. XIII, $ 87, p. 119.
(») Briggs v. The Merchant Traders' Association, 13 Q. B. 167.
() 13 Geo. 2, c. 4, s. 18; 17 Geo. 2, c. 34, s. 20.