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enemy, recaptured by British ships ; provided only that they treat British property on the same principle (1).
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 4,0001. 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
(1) The Santa Cruz, 1 Rob. 50, 63. W. R. 156; see “ Cases" (1) and
(u) 43 Geo. 3, c. 160, ss. 39, 41 ; (2) at end of this s. 45 Geo. 3, c. 72, s. 7; 48 Geo. 3, (y) The C. S. Butler, L. R., 4 A. c. 132.
& E. 178. (x) The Medina, 1 P. D. 272; 2 (-) The Mud Hopper, 40 L. T. P. D. 5; The Silesia, 5 P. D. 177; 462. 50 L. J., P. 9; 43 L. T. 319; 29
Duties of receiver of wreck.
be enforced, but that 1,8001. should be paid for the salvage services (a).
2. The master of a ship, disabled about 310 miles from Queenstown, asked assistance from a mail steamer, and agreed to make his owners liable up to 15,0001., provided the mail steamer towed his ship to Queenstown. The court declined to enforce the agreement, and awarded 7,0001. as salvage, in addition to any penalties payable by the mail steamer on account of the deviation (6).
$ 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 (C).
“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” (f).
(a) The Medina, 1 P. D. 272; 2 (d) Ib. s. 2 ; 31 & 32 Vict. c. 45, P. D. 5. () The Silesia, supra.
(e) The Zeta, L. R., 4 A. & E. 460. (c) 17 & 18 Vict. c. 101, s. 468. (5) 5 Coke Rep. 106 B., p. 216.
If the goods salved be damaged or of a perishable cha- Power to sell racter, or if they be not worth the cost of warehousing, goods salved. 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 (f). 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 (9).
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 ().
$ 115. In all cases of abandonment or loss of, or injury to, any Wreck in. ship, or of any casualty to or on board her, happening on investigation. 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 (i), 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 (1). 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 501. (?).
$ 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. (9) Ib. 8. 469.
(h) The Lady Katherine Barham, Lush. 404.
(1) 17 & 18 Vict. c. 101, s. 432.
(k) Ib. s. 433; Ex parte Ferguson,
(1) 17 & 18 Vict. c. 104, s. 438.
event of any boat or ship being stranded, or in distress on the shore of the sea, or any tidal water, it becomes the duty of the receiver of wreck for the district to at once go to the place, take command of all persons present, and give any directions necessary for the preservation of the ship, cargo, or lives (1).
Articles washed on shore, or otherwise lost or taken from any such ship, must be delivered up to the receiver under a penalty of 1001. Powers have been conferred on the receiver to take such articles by force (0); and to suppress by force plunder and disorder (p); to seize wreck
ncealed (9); to institute an examination with respect to ships in distress (-); to sell goods perishable or of small value (s); and to appoint a valuer on any salvage question arising (t).
Notice of the wreck must be posted up in the nearest custom house by the receiver within forty-eight hours of his taking possession of any wreck (); and a further notice must be given to any lord of a manor, or other person, entitled to unclaimed wreck (w).
A wreck commissioner can, at the request of the Board of Trade, institute the same examinations as a receiver of wreck, and with the same powers (y).
To assist a ship in distress, or to save lives or cargo, all persons may, if no public road exist equally convenient, pass over adjoining lands with carriages, and deposit thereon any wreck recovered (-). Should the owner or occupier of the adjoining lands impede or hinder such acts, he will incur a penalty not exceeding 1001. (a).
(») 17 & 18 Vict. c. 104, ss. 441, 442; ib. 8. 445, as to duties of deputy receivers.
(0) Ib. 8. 443 ; ib. 8. 450, as to rules to be observed by finders of wreck; The Zeta, L. R., 4 A. & E. 460.
(p) 17 & 18 Vict. c. 104, s. 414. (9) Ib. 8. 451.
() Ib. s. 448.
(8) 1b. s. 453 ; and see § 114, p. 191, ante.
(1) 25 & 25 Vict. c. 63, s. 50.
$ 117. If a wreck found in any part of the United Kingdom Unclaimed
wreck. is not claimed within a year, the receiver can deliver up possession of such unclaimed wreck to the lord of the manor, or to any other person entitled to it, on payment of the salvage and any fees due ().
Such delivery up will free the receiver from all liability, but will not affect the rights of any third parties (c).
Any dispute as to such wreck can be decided by two justices of the peace, in the same way as disputes as to salvage; an appeal lying to the High Court of Justice (d).
The Board of Trade has power to purchase the right to the wreck (e).
Unclaimed wreck is required to be sold, and the proceeds paid into the exchequer, after the payment of salvage (F).
$ 118. If any ship or boat wrecked near the sea shore in the Plundering
wreck. United Kingdom, or its cargo, be plundered or destroyed by a mob, the hundred is liable to the owner for the amount of damage done (9).
The penalty for plundering wreck, or preventing the saving of shipwrecked goods, or secreting them, is a fine not exceeding 501. ().
Any person selling any ship or boat, wrecked near the sea shore of the United Kingdom, or any part of its cargo, in a foreign port, is guilty of felony, and liable to penal servitude for four years ().
(6) 17 & 18 Vict. c. 104, ss. 470, 471.
(c) 25 & 26 Vict. c. 63, s. 52.
(d) 17 & 18 Vict. c. 104, s. 472, 473; see § 111, p. 187, ante.
(e) Ib. s. 474.
(f) Ib. s. 475; 25 & 26 Vict.