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Pt. VTII.

£08—509. shall be received as evidence that the person upon whose death
Liability in proceedings are taken under this Part of this Act was a
certain cases passenger on hoard the ship at the time of death (c).
not affected.

[1854, s. 616.] („) « Owners" includes charterers by demise; M. S. A. 1906, g. 71.
(*) See ss. 311, 312, as to passenger lists.
(<•) See also the general provisions as to evidence in s. 695.

508. Nothing in this Part of this Art shall be construed to lessen or take away any liability to which any master or seaman, being also owner (a) or part owner of the ship to which he belongs, is subject in his capacity of master or seaman, or to extend to any British ship which is not recognised as a British ship within the meaning of this Act (b).

(a) "Ouner" here includes charterer by demise; M. S. A. 1906, s. 71. As to the personal liability of a master who is also part owner, see Wilson v. Dickson (1818), 2 B. & Aid. 2; The Volant (1842), 1 W. Rob. 383.

(b) "Recognised as a British ship, $c." See ss. 1, 2, 72, and notes thereto.

As to British ships from time of launch until registration, see Merchant Shipping (Liability of Shipowners) Act, 1898, ss. 1, 2, and M. S. A. 1906, s. 70.

FishiDg boats registered under Part IV. of this Act and not under Part I. are entitled to limit their liability. Couper v. M'Kenzic (1900), 43 Sc. L. K. 416.

Where the vessel in fault was at the time of the collision registered as a Dutch ship, though she had been sold to British purchasers, and was subsequently to the collision registered as a British ship, she was held to be a Dutch ship at the time of collision, and therefore entitled to limitation. The Brinio (1891), 90 L. T. Jo. 249.

Extent of 509. This Part of this Act shall, unless the context otherwise

Part VIII. requires, extend to the whole of Her Majesty's dominions.

[1854, s. 502.]

Pt. IX. 510-511.

PART IX.—WRECK AND SALVAGE.

Vessels in Distress.

510. In this Part of this Act unless the context otherwise Definition of requires— "wreck "and

(1.) The expression " wreck " includes jetsam, flotsam, lagan, [1854, s. 2.]

and derelict found in or on the shores of the sea or any

tidal water. (2.) The expression " salvage " includes all expenses, properly [1854, e. 468.]

incurred by the salvor in the performance of the

salvage services.

As to the effect of tho word '' includes" in an interpretation clause see note [d) to s. 742.

"Wreck."—As to rights of the Crown, see s. 523. This term was held not to include a barge which had parted from her moorings in the Thames and was drifting. The Zcta (1875), 44 L. J. Adm. 22; L. R. 4 P. & E. 460. Nor timber which had drifted from its moorings. Palmer v. Some (I85S), 27 L. J. Ex. 437; 3 H. & N. 505; Cargo ex Schiller (1877), 2 P. D. 145 (C. A.); 36 L. T. 714; affirming 46 L. J. Adm. 9.

"Wreck, jetsam, flotsam, ifrc."—For the meaning of these terms, see Sir Jlenrij Constable's Case (1601), 3 Coke's Rep. Pt. 5, 106, a, b (or p. 214), and Abbott's Merchant Shipping, 14th ed. p. 994 ct seq. ; and The Paiilim, 2 Rob. Ad. R. 359, and Gas Float Whitton (No. 2), 1896, P. 42, and supra.

"Derelict."—See Cossman v. West (1887), 13 App. Cas. 160, at pp. 180, 181; The Aquila (1798), 1 C. Rob. 37: The Cmomandcl (1857), Swa. 205, at pp. 208, 209; The Gertrude (1861), 30 L. J. Ad. 130; The Cosmopolitan (1818), (Ir.) 6 Notes of Cas. Sup. xviii, xi—xxviii; The Zcta, supra.

"On the shores of, §c."—See note (b) to s. 646, and note (e) to s. 418.

"Tidal water."—See definition, s. 742, which expressly excludes a harbour.

511,—(1.) Where a British or foreign vessel is wrecked, Duty of stranded, or in distress (a) at any place on or near the coasts (b) receiver of the United Kingdom (c) or any tidal water (d) within the indUtress^ limits of the United Kingdom, the receiver of wreck (e) for the [1854, s. 441.] district in which that place is situate shall, upon being made acquainted with the circumstance, forthwith proceed there, and upon his arrival shall take the command of all persons present, and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel (in this Part of this Act referred to as shipwrecked persons) and of the cargo and apparel of the vessel.

(2.) If any person wilfully disobeys the directions of the receiver, he shall for each offence be liable to a fine not exceeding fifty pounds; but the receiver shall not interfere between the Pt. IX.

512—513. master and the crew of the vessel in reference to the management thereof, unless he is requested to do so by the master.

(«) For the signals of distress and their use, see s. 434, and Appendix, p. 709.

(A) For the meaning of "on or near the coasts," see The Fulham, 68 L. J. P. 75; [1898] P. 213, and note to s. 546.

(c) As to verbal change here, see note (4) to s. 546.

(d) See note to s. 510.

(e) See s. 566, as to appointment of receivers of wreck.

Powers of g]^—(j_) The receiver may, with a view to such preserva

mcascTof ° tion as aforesaid of shipwrecked persons, or of the vessel, cargo, vessels in or apparel—

ri854 442 1 (a") requu"e such persons as ho thinks necessary to assist him; (b.) require the master, or other person having the charge, of

any vessel near at hand to give such aid with his men

or vessel, as may be in his power; (c.) demand the use of any waggon, cart, or horses that may

be near at hand.

(2.) If any person refuses without reasonable cause to comply with any such requisition or demand, that person shall, for each refusal, be liable to a fine not exceeding one hundred pounds; but a person shall not be liable to pay any duty in respect of any such waggon, cart, or horses, by reason only of the use of the same under this section.

Power to 513.—(1.) Whenever a vessel is wrecked, stranded, or in dis

pass oyer tress as aforesaid, all persons may, for the purpose of rendering

adjoining assistance to the vessel, or of saving the lives of the shipwrecked

ri854 ss 446 Persous) or 0I" saving the cargo or apparel of the vessel, unless

447.]'' 'there is some public road equally convenient, pass and repass,

either with or without carriages or horses, over any adjoining

lands without being subject to interruption by the owner or

occupier, so that they do as little damage as possible, and may

also, on the like condition, deposit on those lands any cargo or

other article recovered from the vessel.

(2.) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the vessel, cargo, or articles in respect of or by which the damage is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined and shall in default of payment, be recoverable in the same manner as the amount of salvage is under this Part of this Act determined or recoverable (a).

(3.) If the owner or occupier of any land—

(a.) impedes or hinders any person in the exercise of the rights given by this section by locking his gates, or refusing, upon request, to open the same, or otherwise; or

Pt. IX.

(b.) impedes or hinders the deposit of any cargo or other 514—515.

article recovered from the vessel as aforesaid on the

land; or
(c.) prevents or endeavours to prevent any such cargo or

other article from remaining deposited on the land

for a reasonable time until it can he removed to a

safe place of public deposit;

he shall for each offence be liable to a fine not exceeding one hundred pounds.

(a) See 88. 547 et itq., as to procedure in salvags cases.

514.—(1.) "Whenever a vessel is wrecked, stranded, or in dis- p°"*;er of tress as aforesaid, and any person plunders, creates disorder, or j^—ess obstructs the preservation of the vessel or of the shipwrecked plunder and persons or of the cargo or apparel of the vessel, the receiver may disOTaer by cause that person to be apprehended. °TM'

(2.) The receiver may use force for the suppression of any L ,8- '* such plundering, disorder, or obstruction, and may command all Her Majesty's subjects to assist him in so using force.

(3.) If any person is killed, maimed, or hurt by reason of his resisting the receiver or any person acting under the orders of the receiver in the execution of the duties of this Part of this Act committed to the receiver, neither the receiver nor the person acting under his orders shall be liable to any punishment, or to pay any damages by reason of the person being so killed, maimed, or hurt.

515. Whero a vessel is wrecked, stranded, or in distress as Liability fjr aforesaid, and the vessel or any part of the cargo and apparel ^^"f a Vessel thereof, is plundered, damaged, or destroyed by any persons plundered, riotously and tumultuously assembled together, whether on shore [1854, s. 47"; or afloat, compensation shall be made to the owner of the vessel, 49 & 50 Vi«tcargo, or apparel; o. , s. .]

In England in the samo manner, by the same authority, and out of the same rate, as if the plundering, damage, injur}', or destruction, were an injury, stealing, or destruction in respect of which compensation is payable under the provisions of the Riot (Damages) Act, 1886, and in the case of 49 & 50 Vict, the vessel, cargo, or apparel not being in any police district, °" 38" as if the plundering, damage, injury, or destruction took place in the nearest police district;

In Scotland by the inhabitants of the county, city, or borough in or nearest to which such offence is committed, in manner provided by the Riot Act, with respect to prosecutions for i Geo. i,st. 2 repairing the damages of any churches and other buildings, <>• "• or as near thereto as circumstances permit; and

In Ireland in manner provided by the Act of the Session 16 & 17 Vict, held in the sixteenth and seventeenth year of the reign of 0> 38,

Pt. IX.

516—517. Her present Majesty, chapter thirty-eight, intituled "An Act to extend the remedies for the compensation of malicious injuries to property in Ireland" with respect to damage to any dwelling house or other property therein mentioned (a).

The provisions of 49 & 50 Vict. o. 38, and 16 & 17 Vict. c. 38, have been substituted here for those of 7 & 8 Geo. 4, c. 31, and 3 4 4 Will. 4, c. 37, s. 72, respectively, in s. 477 of M. S. A. 1854.

(a) Short title, The Malicious Injuries (Ireland) Act, 1853, given by Short Titles Act, 1896.

Exercise of 516.—(1.) Where a receiver is not present, the following powers of officers or persons in succession (each in the absence of the other, his absence. in the order in which they are named), namely, any chief officer [1854, 8.445.] of customs («), principal officer of the coast guard, officer of inland revenue, sheriff, justice of the peace, commissioned officer on full pay in the naval service of Her Majesty, or commissioned officer on full pay in the military service of Her Majesty, may do anything by this Part of this Act authorised to be done by the receiver.

(2.) An officer acting under this section for a receiver shall, with respect to any goods or articles belonging to a vessel the delivery of which to the receiver is required by this Act, be considered as the agent of the receiver, and shall place the same in the custody of the receiver; but he shall not be entitled to any fees payable to receivers, or be deprived by reason of his so acting of any right to salvage to which he would otherwise be entitled (6).

(a) For definition, see s. 742.

(4) The effect of a corresponding provision in 9 & 10 Vict. c. 99, s. 15, was considered in The Wear Packet, 2 Spinks, Ecc. & Adm. Rep. 256.

Examination 517.—(1.) Where any ship, British or foreign (a), is or has been in respect of in distress (b) on the coasts of the United Kingdom, a receiver of distress. wreck, or at the request of the Board of Trade a wreck commis[1854, R. 448; sioner or deputy approved by the Board, or, in the absence of 39 & 40 Vict, the persons aforesaid, a justice of the peace, shall, as soon as c. 80, s. 31.] conveniently may be, examine on oath (c) (and they are hereby respectively empowered to administer the oath) any person belonging to the ship, or any other person who may be able to give any account thereof or of the cargo or stores thereof, as to the following matters; that is to say,—

(a.) the name and description of the ship;

(b.) the name of the master and of the owners;

(c.) the names of the owners of the cargo;

(d.) the ports from and to which the ship was bound;

(e.) the occasion of the distress of the ship;

(f.) the services rendered; and

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