A.D. 1875.

he having agreed to pay [or tender] the same in settlement

of the claim of the plaintiff [or as the case may be].

Dated the

day of

18

[To be signed by the party, his solicitor, or his clerk for him.]

You are hereby summoned to appear and serve as an assessor in this

Court at the

the hour of

on the in the

day of

18, at noon, to assist the Judge of this Court in the hearing and determining of this suit, and in default of attendance you will be liable to a penalty of a sum not exceeding five pounds, under section 15 of the County Courts Admiralty Jurisdiction Act, 1868.

Dated this

To

of

day of

18

Registrar of the Court.

18 and whereas he has neglected, without sufficient

cause shown, to appear and serve as required: It is hereby ordered
that he shall forthwith [or on the
pay to the registrar of this Court a fine of £

neglect.

Given under the seal of the Court this

By the Court.

,18

Registrar of the Court.

WRECK AND DROIT OF ADMIRALTY PREPARED AND
ISSUED BY THE BOARD OF TRADE, 1865.

Salvage (p. 27).

A.D. 1865.

receiver

81. The decision of questions as to salvage, if the parties cannot Duties of be brought to terms, rests, in more important cases, with the High generally Court of Admiralty in England, the High Court of Admiralty in with respect Ireland, and the Court of Session in Scotland, and in minor cases, to salvage. (a) In England, with two justices, a stipendiary magistrate, or a County Court judge; or

(b) In Scotland, with two justices, or a stipendiary magistrate, or the sheriff or sheriff substitute of any county; and

(c) In Ireland, with two justices, a stipendiary magistrate, the recorder of any borough in which there is a recorder, or the chairman of Quarter Sessions in any county.

E E

A.D. 1865.

Summary jurisdiction

in cases where the

The words Court of Session in section 460 of the Act of 1854 mean and include either division of the Court of Session, or the lord ordinary officiating on the bills during vacation.

82. Šummary jurisdiction in these minor cases is no longer limited to cases in which the amount claimed as salvage is £200 or under, but by section 49 of "The Merchant Shipping Act Amendment Act, value of the 1862," summary jurisdiction is extended to cases in which the value of the property saved does not exceed £1000, whether the salvage services were rendered within the limits of the United Kingdom or

property

does not

exceed

£1000.

Receiver

may appoint
a valuer in
certain
cases.

Receiver to assist in endeavouring

not.

83. To determine the value the receiver has power, under section 50 of the Merchant Shipping Act, 1862, to employ a valuer whenever any salvage question arises, if either of the parties apply to him for the purpose. The valuation, when made, is to be signed by the valuer and kept by the receiver. The receiver should make and attest two copies, and hand one to the salvors or their agent and the other to the owners or their agent. These copies may be received in evidence in any subsequent proceedings. Application to the receiver to appoint a valuer should be made in the Form marked Wr. 14. The valuer should be appointed in the Form Wr. 15, and certified copies of the valuation should be furnished in the Form Wr. 16.

86. The receiver has important duties to perform in endeavouring to settle salvage claims amicably; in providing for the payment of to settle the what may be due by detaining the property saved; in releasing the property on proper security being given; in selling the property when necessary to satisfy the claims of salvors; and in apportioning money paid in satisfaction of such claims amongst the salvors.

claims.

Mode of settling salvage claims.

Proceedings

menced

87. The receiver will in all cases of salvage claims, and especially in the case of foreign vessels, endeavour at once to settle them amicably, which, as he will have power to detain the property for the settlement of the claims, and as he will, either of his own knowledge or from communication with the coastguard officer, be in possession of the facts of the case, he will have great facilities for doing. If he cannot bring the parties to terms, the dispute must be settled in the manner pointed out by the 460th, 461st, 462nd, 463rd, 464th, and 465th sections of "The Merchant Shipping Act of 1854," and section 49 of "The Merchant Shipping Act Amendment Acts, 1862." In the minor cases referred to in the paragraphs 81 and 82, the officer of the coastguard will always be prepared to give his services as assessor or umpire if required so to do. In cases where the wreck is unclaimed, and any question arises as to salvage, the receiver will, before paying any salvage claims, or referring the matter to be decided at law, report the case, with the claims made and his opinion on them, to the Board of Trade.

88. The receiver will observe, and will, when necessary, point out may be com- to persons interested, that either the owners of property salved or their agents can, under the Merchant Shipping Act, 1854, commence proceedings in salvage cases.

either by

owners or salvors.

Receiver to act impartially.

89. In performing the duties required of the receiver in these cases, he will remember that he occupies an independent and quasi judicial position; that it is his especial duty, whilst providing for the claims of bona fide salvors, and thereby furthering the real interest of all persons interested in trade or shipping, to endeavour, so far as his

powers permit, to protect those interests against vexatious and A.D. 1865. improper claims.

saving life a

90. The cases in which salvage is payable are stated in the 458th Salvage for and 459th sections of the Act. Two points require especial notice. charge on Salvage is by the Act made payable for the preservation of human the ship. life, and claims on this ground to take priority of all other claims. No rules are or can be laid down as to the amount to be appropriated for this purpose, but courts of law, in determining it, will no doubt be guided by the same principles which govern ordinary salvage cases, so far as those principles are applicable.

When the property saved is not sufficient, the Board of Trade has Will in some power to grant rewards for saving life out of the Mercantile Marine cases be paid by the Fund. But the board will confine its rewards strictly to such cases, Board of and it will be the duty of the receiver in every case in which a claim Trade. is made on this ground, or in which he thinks such a claim ought to be made, to make a report to the Board of Trade on Form Wr. 32 (late Wr. 19), stating the circumstances of the case, the value of the property saved after deducting expenses, together with his own opinion on the claim. In making this report, he should communicate with the officer of the coastguard, if any, who has been present, and that officer should join in and sign the report, or state the grounds of his dissent.

salvage.

91. The second point to be observed is, that the receiver himself Receiver's can never be entitled to salvage in respect of "wreck." In cases of claims for assistance rendered to ships in distress and to the persons on board, the Act does not preclude him from such a claim; but it is clear that he cannot claim salvage for any of the duties imposed on him by the Act, for which certain fixed fees are to be paid. It can, therefore, only be in very special cases, where he incurs some risk, or undertakes some labour or expense, altogether beyond the scope of his duties as receiver, that he can make any claim to salvage. No powers which he possesses as receiver must be used to determine or enforce his own claims to salvage. If they are disputed, he must at once report the case to the Board of Trade.

salvage.

92. Officers of the coastguard and their men will, if they incur Coastguard some risk, or undertake some labour beyond the scope of the duties claim for by the Act and by these instructions committed to them (e.g. if they actually put out to sea, and with risk and effort save lives or property from a wrecked vessel), be entitled to salvage in the same manner, and to the same extent, as other salvors. In other cases they will be remunerated as hereinafter mentioned. Exorbitant or improper claims to salvage on the part of any public servants will be uniformly discountenanced by the Board of Trade,

mining the

93. The amount due for salvage depends so much on the circum- Principles stances of each case, that it is impossible to do more than call the for deterattention of the receiver to certain general principles which govern amount due. these cases. If the receiver is in any difficulty, he should report the case, with the circumstances and his opinion, to the Board of Trade. In settling the amount, he will avail himself of the assistance and knowledge of the coastguard officer of the district or station. 94. The main ingredients of a salvage service are:

Ingredients of salvage

(a.) The degree of danger from which the lives or property are service. rescued.

A.D. 1865.

Degree of danger.

Value of property saved.

Risks incurred by salvors.

Value of and

(b.) The value of the property saved.

(c.) The risk incurred by the salvors.

(d.) The value of any of the property by the use of which the services are rendered and the danger to which it was exposed.

(e.) The skill shown in rendering the services.

(f) The time and labour occupied.

Where all these concur in the performance of any salvage service
the reward ought to be large; and in proportion as fewer of these
ingredients are to be found, so should the reward be less. But,
where scarcely any or only the last of them exist, the service can
hardly be denominated a salvage service; it is little if nothing more
than mere work and labour, and should be rewarded accordingly.
(a.) In estimating the degree of danger from which the lives or
property were rescued, regard should be had to,—

The damage sustained by the vessel itself;

The nature of the locality from which she was rescued ;
The season of the year when the services were rendered,
and, if the weather at the time was not tempes-
tuous, the probability or improbability of its be-
coming so;
Ignorance or knowledge (as the case may be) of the
locality on the part of the master and other persons
on board the vessel saved.

(b.) The value of the property saved is also an essential ingredient
in the amount of remuneration to be awarded. If the value
of the property be small, the reward must be small; if
large, a greater reward may be given, for, in proportion to
that value is the benefit to the owners, which is one of the
primary considerations in settling the amount of remunera-
tion. The amount of the reward should not, however, in-
crease in direct proportion to the value of the property.
The object of the Courts is to give an adequate reward;
Courts of Admiralty, therefore, always give a smaller pro-
portion when the property is large.

As a general rule it may be stated that Courts of Admiralty very seldom, if ever, give more than half the value of the property saved. This should, in fact, be regarded as the maximum, except in some few cases where the services have been highly meritorious, and the value of the property saved is but small.

(c.) The risk incurred by the salvors themselves, if necessarily incidental to the performance of the service, is the most im portant ingredient in estimating the amount of salvage to be awarded. The value of human life is that which is and ought to be principally considered in the preservation of other men's property and if this be satisfactorily proved to have been hazarded, the salvors should be most liberally rewarded; and, when not only risk has been incurred, but actual loss of life has ensued, a still larger amount of salvage should be given.

(d.) The value of the property by which the services have been