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, A.D. 1880. And whereas by order in council, dated the twenty-fourth day of March, one thousand eight hundred and eighty, Her Majesty, on the joint recommendation of the Admiralty and the Board of Trade, was pleased to direct that the operation of the article numbered 10 of the new regulations contained in the first schedule of the said order in council of the fourteenth day of August, one thousand eight hundred and seventy-nine, should be suspended until the first day of September, one thousand eight hundred and eighty one, and that, in lieu thereof, and in substitution therefor, the article numbered 9 of the regulations appended to the said order in council of the ninth day of January, one thousand eight hundred and sixty-three, should continue and remain in force until the said first day of September, one thousand eight hundred and eighty-one : And whereas by order in council, dated the sixth day of September, one thousand eight hundred and eighty, Her Majesty, on the joint recommendation of the Admiralty and the Board of Trade, was pleased to direct that, from and after the first day of September, one thousand eight hundred and eighty, the said new regulations for preventing collisions at sea contained in the first schedule of the said recited order in council of the fourteenth day of August, one thousand eight hundred and seventy-nine, should, with the exception of the article 10 thereof, apply to ships belonging to the following countries; that is to say, Cochin, Kutch, whether within British jurisdiction or not: Muscat, And whereas it has been made to appear to Her Majesty that the governments of the several foreign countries hereinafter mentioned; that is to say, are respectively willing that, from and after the first day of September, one thousand eight hundred and eighty, the said new regulations for preventing collisions at sea, a copy whereof is hereunto appended, contained in the first schedule of the said recited order in council of the fourteenth day of August, one thousand eight hundred and seventy-nine, shall, subject to the provisions of the said recited order in council of the twenty-fourth day of March, one thousand eight hundred and eighty, apply to ships belonging to their respective countries when beyond the limits of British jurisdiction : And whereas the said Government of Japan is desirous that article numbered 12 of the said regulations should, as applied to Japanese ships, be modified as follows, viz. that it shall not be necessary for the fog horn by the said article required to be provided and used on board steam and sailing ships as a sound signal for fog, &c., to be sounded by a bellows or other mechanical means when the same is carried on board ships belonging to Japan : And whereas the said Government of Turkey is desirous that the A.D. 1880. said article numbered 12 of the said regulations shall, as applied to Turkish ships, be modified as follows, viz. that, in lieu of and in substitution for the bell required by the said article to be provided and used as a sound signal for fog, &c., there may be placed and kept on board Turkish ships an efficient drum which shall be sounded under the same circumstances and at the same intervals as by the said article a bell is required to be rung: Now, therefore, Her Majesty, by virtue of the powers vested in her by the said recited Act, and by and with the advice of her Privy Council, is pleased to direct: That, from and after the first day of September, one thousand eight hundred and eighty, the said new regulations for preventing collisions at sea, a copy whereof is hereunto appended, contained in the first schedule of the said recited order in council of the fourteenth day of August, one thousand eight hundred and seventynine, shall, subject to the provisions of the said recited order in council of the twenty-fourth day of March, one thousand eight hundred and eighty, apply to ships belonging to the following countries, that is to say, whether within British jurisdiction or not: Provided, however, that as regards (1) Japanese and (2) Turkish ships, the article numbered 12 of the said regulations shall be modified as follows, viz. : (1) It shall not be necessary for the fog horn by the said article required to be provided and used on board steam and sailing ships as a sound signal for fog, &c., to be sounded by a bellows or other mechanical means when the same is carried on board ships belonging to Japan; And (2) It shall not be necessary for the bell required by article numbered 12 of the said regulations to be provided and used on board steam and sailing ships as a sound signal for fog, &c., to be placed and kept on board Turkish ships, but that, in lieu thereof and in substitution therefor, there may be placed and kept on board such Turkish ships an efficient drum which shall be sounded under the same circumstances and at the same intervals as by the said article a bell is required to be rung. C. L. PEEL. |