County Admiralty A County Court having Admiralty jurisdiction, has jurisCourts having diction to apportion salvage within the limited jurisdiction over jurisdiction. claims for salvage given by the County Courts Admiralty Jurisdiction Act, 1868 (u). of salvors, the smacksmen, boatmen and fishermen, it will generally be found that there is a scale of distribution recognized 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 the salvage service, care should be taken in making the 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 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 in 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. (d) The fourth class of cases, where the salvage services have been rendered by a vessel and her master and crew, will be found by the receivers to be the 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 has 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 the M. S. Act, 1854, ss. 182 and 233. If, however, a vessel is specially engaged for salvage services, and it appears by the terms of the agreement made with the 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 the M. S. Act, 1862, s. 18, and supra. (u) The Glennibanta, 2 P. D. 45. ment by By sects. 466 and 467 of the Merchant Shipping Act, 1854, Apportionit was provided that whenever the amount of salvage payable receivers of in respect of salvage services rendered in the United Kingdom wreck. had been finally ascertained by agreement or the award of justices, but a dispute arose as to the apportionment of it amongst several claimants, the person liable to pay the salvage might (if the amount did not exceed 2007.) pay it over to the receiver of wreck of the district; and upon the receipt of the money, and the granting of a certificate of the payment by the receiver, the person liable to pay the salvage was discharged as well as his property in respect of the claim in question; and the amount so paid to the receiver might be distributed by him as he thought fit (r). These provisions must now be read together with the provisions of sect. 49 of the Merchant Shipping Act, 1862, which have been already mentioned (y). conduct or of waiver of Where salvors have acted negligently or unskilfully, although Effect of mistheir services have been on the whole meritorious, or where they negligence of have misconducted themselves by making extortionate demands salvors, or or otherwise, the Court of Admiralty has awarded to them salvage. a smaller amount of salvage than would otherwise have been given (). And in some cases in which the salvors have improperly interfered and resisted the authority of the owners of the vessel in distress, or have been guilty of wilful or criminal misconduct (a), or there has been great negligence and delay on their part (b), or the means adopted have been improper (c), or where they have themselves placed in jeopardy the property salved (d), or have waived their rights to salvage (e), the Court has refused to award any salvage whatever. () As to the principles upon which the receivers act in making the appor tionment, see supra, p. 663, note (t). (y) Ante, p. 657. (2) The John and Thomas, 1 Hagg. 157, note; The Dantzic Packet, 3 Hagg. 383; The Black Boy, ib. 386, note; The Glascow Packet, 2 W. Rob. 306; The Dosseitei, 10 Jur. 865; The Cape Packet, 3 W. Rob. 122; The Charles Adolphe, Swa. 153; The Atlas, Lush. 518. (a) The Barefoot, 14 Jur. 841; The Lady Worsley, 2 Spks. 253; The Wear Packet, 2 Spks. 256; The Florence, 16 Jur. 574; The Atlas, ubi supra. (b) The City of Edinburgh, 2 Hagg. 333. (c) The Neptune, 1 W. Rob. 297; The Duke of Manchester, 2 W. Rob. (d) The Glengaber, L. R., 3 A. & E. (e) The Jonge Bastiaan, 5 Rob. 322; The Kileena, 6 P. D.; where salvors in possession of a derelict abandoned her before she was brought into safety, and allowed the salvage service to be completed by other salvors. Statutory forfeiture of salvage. Allotment to part of crew not actually engaged. To owners of boats, &c. Where in a case before the Judicature Acts a steamer whilst rendering salvage services to a barque negligently came into collision with her, it was held that this did not deprive her of her right to salvage, but that she was liable in a cross suit for the damage done in the collision (d). It is provided by sect. 450 of the Merchant Shipping Act, 1854, that the finder of any wreck (e), who does not comply with the provisions of the act as to giving notice of it, or delivering it up to the receiver of wreck of the district, shall forfeit all claim to salvage. Where some only of the crew of a ship are actually engaged in the salvage service those who remain on board the salving vessel are usually entitled to share in the salvage, provided they are also ready to encounter the peril (ƒ). A distinction in amount, however, is usually made in favour of those who are actually engaged in the service (g). Where part of the crew of a light ship assisted in rendering a salvage service, the Court refused to award any part of the salvage to those of the crew who remained on board (). Where two vessels come up together and render assistance to a ship in distress, all of both crews are entitled to be considered as salvors, although a part only is actually employed (i). The claim of the owners of salving vessels, who do not personally assist in the service, to share in the salvage, was formerly considered as very slight. It was otherwise, however, if their property was exposed to considerable danger, or diverted from a lucrative employment, or if they incurred a real loss or inconvenience (j). So, those who furnished boats, or other articles, for (d) The C. S. Butler, The Baltic, L. R., 4 A. & E. 178. (e) A barge adrift in a navigable (f) The Baltimore, 2 Dods. 132; The 454. (g) See The Jane, 2 Hagg. 338; The (h) The Emma, 3 W. Rob. 151. b. 262; The Martha, 3 Hagg. 436; The Louisa, 3 W. Rob. 99. In apportioning salvage, the Court formerly considered every vessel as uninsured, and would not award a larger amount to the owners, although by rendering the service they incurred a risk of forfeiting a policy of insurance on their ship. The Deveron, 1 W. Rob. 180. But in more recent times it has been held that the claim of owners are to be considered 1. By reason of the possibility of the vitiation of the policy of insurance; 2. By reason of their liability to the owners of the cargo through their deviation; 3. By reason of the risk to which their property has been exposed in rendering the service: salvage service, but did not assist in person, were not usually entitled to be paid salvage, but only a fair remuneration for the use of the articles which they had supplied (). In more recent times the claims of the shipowners to salvage have received greater consideration, and it has become the practice, especially in cases where steam vessels have been engaged, to allot a liberal share of the salvage to their owners (7). salvors. Where several independent parties co-operate in assisting a To first vessel, the Court awards salvage according to the merit of the respective claims. Where the first salvors had incurred considerable danger, and their conduct had been meritorious, the Court allotted to them a large share of the salvage, although their efforts had produced no important result before the arrival of the other assistance (m). The Court of Admiralty has always been jealous in maintaining the rights of original salvors (n). It requires persons who disturb their possession to show clearly that a necessity for their interference existed, or that their services were adopted (o). The first salvors are not, however, justified in resisting the master's authority, or in attempting to exclude further assistance where it is necessary (p). For, except in cases of derelict, where the first occupant has a right of exclusive possession if he can alone save the property, salvors act only under the sufferance and permission of the master, or other person in command of the vessel in distress (2). It is provided by sect. 20 of the Merchant Shipping Act, 1855, Remuneration that where services are rendered by officers or men of the coast- coast guard. guard service in watching or protecting shipwrecked property, they are to be remunerated by the owners according to a scale to be fixed by the Board of Trade, unless the services have See The Sir Ralph Abercrombie, L. R., 1 P. C. 454, and supra, pp. 660, 662. The duty imposed on a vessel of standing by after a collision does not affect the right to salvage for any salvage service she may then perform. The Queen, L. R., 2 A. & E. 53. (k) The Vine, 2 Hagg. 1; The Charlotte, 3 W. Rob. 68. (See The Cleopatra, 3 P. D. 145, and supra, p. 662, note (q). See also p. 663, n. (t). (m) The Genessee, 12 Jur. 401. () See the judgments in The Char lotta, 2 Hagg. 364; The Glory, 14 Jur. (0) The Bledenhall, 1 Dods. 416; The (p) The Dantzic Packet, 3 Hagg. 383; The Glory, ubi supra. (7) See the judgment in The Dantzic Packet, ubi supra, and The Kathleen, L. R., 4 A. & E. 277. SALVAGE WITHIN THE PORTS. been declined, or salvage has been claimed and awarded in respect of them (7). In cases of salvage arising within the jurisdiction of the Cinque Ports (r), the salvors may take proceedings, as in cases of salvage OF THE CINQUE Occurring elsewhere, either in the Admiralty Division or in a County Court having Admiralty jurisdiction ($), or, at their option, either in the Court of Admiralty of the Cinque Ports, or before the Salvage Commissioners of the Cinque Ports (t). Jurisdiction Ports. The Court of Admiralty of the Cinque Ports from ancient of the Court of Admiralty times, by virtue of royal charters or prescription, exercised an of the Cinque original instance jurisdiction in civil or maritime causes arising within the boundaries of the Cinque Ports (u). The jurisdiction so exercised was preserved or recognized in the earlier statutes relating to Merchant Shipping and Admiralty Jurisdiction (x), and the Municipal Corporation Act, 1835 (5 & 6 Will. 4, c. 76), which repealed all laws, statutes, and usages, and all royal and other charters, grants, and letters patent granted to any borough or body corporate, whereby such borough or body corporate, or the inhabitants of the same, claimed to be exempted from the jurisdiction of the High Court of Admiralty of England, expressly provided that nothing therein contained should extend to alter or affect the jurisdiction of the Lord Warden of the (1) The scale is not to exceed any () The Cinque Ports are Dover, (s) Where proceedings in such cases (t) The Maria Luisa, Swa. 67; The Jeune Paul, L. R., 1 A. & E. 336. (u) See 2 Inst.556, 4 Inst. 222; Jeake's Charters of the Cinque Ports, ed. 1728, pp. 24, 67; Stock v. Cullen, T. Jones, 66, 67; Stock v. Denew, Ch. Cas. 305; 2 Brown's Admiralty Law, p. 498. See also Wynne's Life of Sir Leolme Jenkins, vol. 1, pp. 85-88, vol. 2, As (a) See 4 Geo. 1, c. 12, s. 2; 26 Geo. 2, c. 19, s. 10; 49 Geo. 3, c. 122, s. 26; 53 Geo. 3, c. 87, s. 1; 53 Geo. 3, c. 140, s. 8; 1 & 2 Geo. 4, c. 75, s. 24, and 1 & 2 Geo. 4, c. 76, s. 16. See also 27 Hen. 8, c. 4; 28 Hen. 8, c. 15; 5 Eliz. c. 5, and 11 & 12 Will. 3, c. 7. |