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Cinque Ports in his office of admiral of the Cinque Ports, and that all suits and matters wherein before the passing of that act the rights of any salvors, or any droits, or perquisites to the office of admiral belonging were drawn into question might be continued, heard, determined, and adjudicated upon in like manner as if that act had not passed (y). So also the rights and jurisdiction of the Lord Warden of the Cinque Ports were expressly reserved by the Wreck and Salvage Act, 1846 (≈), which remained in force till the coming into operation of the Merchant Shipping Act, 1854; and, as we have already seen, it is provided by sect. 460 of the last-mentioned act, that disputes arising within the boundaries of the Cinque Ports shall be determined in the same manner as before the passing of such last-mentioned act. This last provision is unaltered by the provisions of the Merchant Shipping Act, 1862, s. 49, and consequently whatever instance jurisdiction in salvage cases the Court of Admiralty of the Cinque Ports ever possessed can still be exercised by it (a).

missioners of

Ports.

The effect of the 460th section of the Merchant Shipping Act, of the 1854, is also to preserve the jurisdiction conferred by the 1 & 2 Salvage ComGeo. 4, c. 75, on the Salvage Commissioners of the Cinque the Cinque Ports, appointed under that act, or the 9 Geo. 4, c. 37 (b). The first of these acts empowers the Lord Warden of the Cinque Ports to nominate under his hand and seal three or more commissioners in each of the Cinque Ports, two ancient towns, and their members, to adjust differences relating to salvage which may arise between the masters of vessels and persons bringing cables and anchors ashore. Where vessels are forced or cut from

(y) Sect. 108. Among the Courts abolished by this section were the Admiralty Courts of the boroughs of Great Yarmouth; Dunwick in the county of Suffolk; King's Lynn; Southampton and Southwold. See 1 & 2 Geo. 4, c. 75, s. 24. As to the Admiralty Court of Great Yarmouth, see In the Matter of a Raft of Timber, 2 W. Rob. 251, 254, note.

(2) 9 & 10 Vict. c. 99, s. 43. This act was repealed by the Merchant Shipping Act Repeal Act, 1854 (17 & 18 Vict. c. 120), Appendix, pp. clxv, clxx. The jurisdiction of the lord warden, in relation to civil suits and proceedings, was abolished by the 18 & 19 Vict. c. 48, and the 20 & 21 Vict. c. 1, but these statutes did not interfere

either with the jurisdiction of the lord
warden and his officers, relating to the
adjustment of salvage, and in respect
of flotsam, jetsam, and lagan, or the
jurisdiction of the Court of Admiralty
of the Cinque Ports. See s. 10 of the
18 & 19 Vict. c. 48.

(a) See The Maria Luisa, Swa. 67,
and supra, p. 654; The Jeune Paul,
L. R., 1 A. & E. 336.

(b) The latter of these acts extends to the deputy warden the powers given by the former act to the warden. The extent of the jurisdiction of the Cinque Ports, for the purposes of the act, is defined by s. 18 of the 1 & 2 Geo. 4, c. 76. See Supplementary Appendix, p. 130.

Appeal.

SALVAGE

their cables and anchors by any accident, and leave the same in any place within the jurisdiction of the Cinque Ports, two ancient towns, or their members, the commissioners are to determine any salvage claim within twenty-four hours after it is referred to them (c). They have power also, if the master or owner of the ship or goods or his agent is present at the place where they are sitting, to decide upon all claims made by pilots, boatmen, or others, for services of any sort rendered to any ship, either by carrying off to her anchors, cables, or stores, from any part of the coast within the jurisdiction, or by conducting her to any place within the jurisdiction, and upon all claims for the saving, within the jurisdiction, of any goods which are wrecked, stranded, or cast away from any ship; and they may decide on such claims for services rendered to shipping, whether the ships were in distress or not (d). The commissioners can act only in the ports or places in which they are resident, or from which their usual place of residence is not distant more than a mile (e).

Persons who are dissatisfied with the decision of the commissioners may, within eight days after the award is made, but not afterwards, declare to the commissioners their desire to appeal. The appeal may be either to the Court of Admiralty of the Cinque Ports, or to the High Court of Admiralty, and the decision of either of these Courts is final (f). The appellant must, within twenty days from the date of the award, take out a monition against the adverse party; and the commissioners are bound to release the ship, cargo, or goods, upon bail being given by the owners or their agents in double the amount of the sum awarded (g).

The provisions of the Merchant Shipping Acts, 1854 and JURISDICTION 1862, relating to the remedies for the recovery of salvage in

WITHIN THE

(c) 1 & 2 Geo. 4, c. 76, s. 1. Supplementary Appendix, pp. 127, 128. (d) Ib. s. 2.

(e) Ib. s. 3.

(f) Ib. ss. 4 and 5. As to the admission of fresh evidence on such an appeal, see The Annette, 4 L. R., A. & E. 9.

(g) 1 & 2 Geo. 4, c. 76, s. 4. The Merchant Shipping Repeal Act, 1854 (17 & 18 Vict. c. 120), repealed the 1 & 2 Geo. 4, c. 76, except ss. 1, 2, 3, 4, 5, 15, 16, and 18. The 16th section of the act provides that nothing in the

act contained shall extend to the taking away, abridging, prejudicing, or impeaching in any manner whatever the jurisdiction of the High Court of Admiralty of England or the Admiralty Court of the Cinque Ports. The magistrates or county court judges acting under the M. S. Act, 1854, s. 460, or the M. S. Act, 1862, s. 49, have apparently no jurisdiction over cases of salvage arising within the Cinque Ports. See the M. S. Act, 1854, s. 460, supra, p. 654; and 9 & 10 Vict. c. 97, s. 43.

COURTS AND

VICE-ADMI

Ireland and Scotland, and to the jurisdiction in cases of salvage oF THE SCOTCH of the Court of Admiralty in Ireland, and the Court of Session AND IRISH in Scotland, have been already noticed (h). With regard to the THE COLONIAL jurisdiction of the former Court, it is moreover provided by RALTY. sect. 27 of the 30 & 31 Vict. c. 114, that, subject to the provisions of the Merchant Shipping Acts, 1854 and 1862, the Court of Admiralty in Ireland shall have jurisdiction to decide upon all claims whatsoever relating to salvage, and to enforce the payment thereof whether the services in respect of which salvage is claimed were performed upon the high seas or within the body of any county, or partly in the one place and partly in the other, and whether the wreck is found at sea or cast upon the land, or partly in the sea and partly on land (¿).

By the Vice-Admiralty Courts Act, 1863 (26 Vict. c. 24), sect. 10, jurisdiction is given to the Colonial Vice-Admiralty Courts established under that act in all cases of claims in respect of salvage of any ship, or of life or goods therefrom (j).

QUEEN'S

There is a peculiar obligation on Queen's ships to assist mer- SALVAGE BY chant vessels in distress (k); yet when salvage services were ren- SHIPS. dered by a ship of war to a merchant vessel, it was always considered, when claims in respect of such services came before the Court of Admiralty, that, apart from any legislative enactment, the officers and crew of the salving ship were entitled to reward in the same manner as other salvors (1). Where, however, the assistance given was merely incidental to the general duty of Government vessels, as where the commander of a sloop

(h) Supra, pp. 643, 654, 656, n. (o), 657; and as to the maritime jurisdiction of the Court of Session and the Sheriffs' Court in Scotland, see further 11 Geo. 4 & 1 Will. 4, c. 69, ss. 21, 22; and Duncan v. The Dundee, Perth and London Shipping Co., 5 Sess. Ca. (4th Series) 752.

(i) Certain local courts in Ireland have a limited Admiralty jurisdiction in cases of salvage. See 39 & 40 Vict. c. 28, s. 3; 40 & 41 Vict. c. 56, s. 49.

(j) See Appendix, p. ccxl. The inherent jurisdiction of the Vice-Admiralty Courts abroad, and of the Admiralty Division, is concurrent. See The Peerless, Lush. 30, and supra, p. 123, n. (x). As to the jurisdiction of the former Courts to enforce salvage bonds and agreements made in cases where the salvors have abandoned their

lien for salvage, see supra, pp. 672-674.

(k) See the judgments of Lord Stowell in The Mary Ann, 1 Hagg. 158; and of Sir J. Nicholl in The Clifton, 3 Hagg. 121. By an order of the Commissioners of the Admiralty, issued on the 30th January, 1852, officers of Queen's ships were directed not to make any claim for salvage services rendered to vessels in distress unless the service had been really important or accompanied with hazard.

(1) See The Louisa, 1 Dods. 317: The Mary Ann, 1 Hagg. 158; The Thetis, 3 Hagg. 14; 2 Knapp P. C. 390; The Lustre, 3 Hagg. 154; The Ewell Grove, ib. 209; the judgment in The Rapid, ib. 421; The Wilsons, 1 W. Rob. 172; The Earl of Eglinton, Swa. 7; and The Alma, Lush. 378; The Cargo ex Woosung, 1 P. D. 260.

Proceedings when services rendered abroad.

of war, acting under the directions of a vice-consul, rescued a convict ship from the mutinous crew and convicts on board, no salvage was allowed (m). Provisions respecting claims for salvage services rendered by Queen's ships were, however, made by the 16 & 17 Vict. c. 131. This act is now repealed (»), and the existing statutory regulations on this subject are to be found in the Merchant Shipping Act, 1854.

Sect. 484 of this act provides, that in cases where salvage services are rendered by any ship belonging to the Queen, or by the commander, or crew, no claim is to be made or allowed for any loss, damage, or risk thereby caused to the ship, or stores, tackle, or furniture, or for the use of any stores, or other articles belonging to the Queen, supplied in order to effect these services, or for any other expense or loss sustained by the Queen by reason of the services (o). By sect. 485, no claim on account of any salvage services rendered to any ship, cargo, or appurtenances by the commander or crew of any of the Queen's ships is to be finally adjudicated upon unless the consent of the Admiralty has first been obtained; and if any person who has originated proceedings in respect of such a claim fails to prove this consent, the suit is to be dismissed with costs (p).

It is provided by sect. 486, that whenever salvage services have been rendered to any ship or cargo at a place out of the United Kingdom and the four adjoining seas by the commander or crew of a Queen's ship, the salvors may, if justified by the circumstances in detaining the property at all, cause it to be taken to a port where there is a consular officer, or a Vice-Admiralty Court (2). The salvor and the master or other person in charge of the property must each of them, within twenty-four hours after arriving at the port, deliver to the consular officer, or Vice

(m) The Francis and Eliza, 2 Dods.

115.

(n) By the Merchant Shipping Repeal Act, 1854 (Appendix, p. clxv).

(0) A ship belonging to the Bombay government with a hired commander and crew was held to be in the same position as a Queen's ship. The Cargo ex Woosung, 1 P. D. 260; but a steam-tug belonging to the harbour of Ramsgate, and owned by the Board of Trade as the trustees of that harbour, is not within either sect. 484 or sect. 485. The Cybele, 2 P. D. 224; 3 P. D. 8.

(p) The consent is signified by writing under the hand of the Secretary to the Admiralty; and any document purporting to give the consent, and to be so signed, is prima facie evidence. The M. S. Act, 1854, s. 485. See The Alma, Lush. 378; The Cargo ex Woosung, 1 P. D. 260; The Cybele, 3 P. D. 8.

(2) For a list of the Vice-Admiralty Courts commissionated in 1879, see Appendix, pp. ccxlii, cexliii. As to what is not a Queen's ship within this section, see The Cybele, ubi supra, and see supra, note (o).

Admiralty judge, a statement verified on oath respecting the property salved, and containing the particulars required by the act. By sect. 487, the consular officer or judge must, within four days after receiving these statements, fix the amount to be inserted in a salvage bond, to be given by the master according to the provisions of the act, to secure the payment of any salvage that may be awarded, which amount must not exceed half the value (according to his estimation) of the property in respect of which salvage is claimed. If either of the above statements is not delivered to the consular officer or judge in the required time, he may proceed ex parte, but he can in no case require the cargo to be unladen.

By sect. 488 of the statute, the right to detain the property ceases upon the due execution and delivery to the salvor of this bond.

Sect. 489 contains provisions for additional security in the case of ships owned by persons resident out of the Queen's dominions.

By sect. 490, the consular officer or judge must transmit the documents, and a notice of the sum he has fixed for the bond, to the Court of Admiralty of England, or to any Vice-Admiralty Court if the parties are willing that the bond shall be dealt with by such Vice-Admiralty Court (r). Sects. 491, 492 and 493 provide that these bonds shall bind the owners of the ship, freight, and cargo, and their heirs, executors, and administrators, and empower the Court of Admiralty and the Vice-Admiralty Courts to enforce them.

By sect. 494, any salvor who elects not to proceed under the act has no power to detain the property, but may proceed otherwise for the enforcement of his salvage claim as if the act had not been passed; and nothing in the act contained is to abridge or affect the rights of salvors, except in the cases provided for by it.

agreements on

By sect. 497 of the Merchant Shipping Act, 1854, it is pro- Voluntary vided, that in all cases where salvage is claimed, whether by abandonment the commanders or crews of Queen's ships or of any other of lien. ships, the salvors may voluntarily agree to abandon their lien. on the property salved, upon the master or other person in charge

(r) All documents made in pursuance of this part of the statute are exempt from stamp duty. See s. 495.

M.P.

X X

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