the place where he resides one or more advertisements, notifying the fact of his having so obtained a permit, and specifying the nature of the cable or article mentioned in the permit, and the place where it is deposited, and the time at which it is intended to be so cut up or unlaid.

(2.) If any person suspects or believes that the cable or other article is his property he may apply to a justice of the peace for a warrant, and that justice may, on the sworn statement of the applicant, grant a warrant entitling the applicant to require the production by the marine store dealer of the cable or article mentioned in the permit, and also of the books required under this Part of this Act to be kept by the marine store dealer, and authorising the applicant to inspect and examine the cable or article or books (a).

(3.) If a marine store dealer fails without reasonable cause to comply with any of the requirements of this section, he shall be liable for the first offence to a fine not exceeding twenty pounds, and for every subsequent offence to a fine not exceeding fifty pounds.

(a) See note to s. 537.

Marking of Anchors.

Pt. IX.

543—544.

543.-(1.) Every manufacturer of anchors shall mark on Marking of every anchor manufactured by him in legible characters and anchors. both on the crown and also on the shank under the stock his [1854, s. 483.] name or initials, and shall in addition mark on the anchor a progressive number and the weight of the anchor.

(2.) If a manufacturer of anchors fails without reasonable cause to comply with this section, he shall be liable for each offence to a fine not exceeding five pounds.

As to the proving and sale of chain cables and anchors, see the Anchors and Chain Cables Act, 1899, s. 7 et seq.

Salvage.

[1854, ss. 458,

544.-(1.) Where services are rendered wholly or in part Salvage within British waters (a) in saving life from (b) any British or payable for foreign vessel (c), or elsewhere in saving life from any British saving life. vessel, there shall be payable to the salvor by the owner of the 459; 24 & 25' vessel, cargo, or apparel saved (d), a reasonable amount of Vict. c. 10, salvage, to be determined in case of dispute in manner herein- s. 9.] after mentioned.

(2.) Salvage in respect of the preservation of life when payable by the owners of the vessel shall be payable in priority to all other claims for salvage.

(3.) Where the vessel, cargo, and apparel are destroyed, or the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in

Pt. IX. 544.

respect of the preservation of life, the Board of Trade may, in their discretion, award to the salvor, out of the Mercantile Marine Fund (e), such sum as they think fit in whole or part satisfaction of any amount of salvage so left unpaid (ƒ).

The right to reward of salvors of life, who had not saved any property, was not recognised by the general maritime law; though, where both life and property had been saved by the same set of salvors, it was the practice of the court to give a larger amount of salvage than if the property only had been saved. The Fusilier, infra; The Johannes (1860), 30 L. J. Ad. 91; Lush. 182; 3 L. T. 757; The Willem III., infra. The earlier enactments on the subject were 1 & 2 Geo. 4, c. 75, ss. 8, 9, and 9 & 10 Vict. c. 99, s. 10, but the preservation of human life was first made a distinct ground of salvage award by the M. S. A. 1854. See The Coromandel (1857), Swa. 205; The Bartley (1857), Swa. 198; The Eastern Monarch (1860), Lush. 81.

That Act, moreover, put the life salvor in three respects in a superior position to the salvor of property :

(i.) It gave him priority over all other claimants where the property was
insufficient. The Coromandel, supra; The Eastern Monarch, supra.
(ii.) It entitled him to reward out of any property that by any means escaped
destruction. See note (d).

(iii.) It empowered the Board of Trade to reward him out of the Mercantile
Marine Fund. See supra, sub-s. (3).

As to the policy of this legislation, see The Fusilier, infra.

The application of the provisions of 1854 was considerably extended by s. 9 of the Admiralty Court Act, 1861; and the combined effect of those two statutes is reproduced in the present section with certain verbal modifications, apparently intended to give effect to the decisions in some of the cases cited in following notes.

(a) The fact that other services were afterwards performed in British waters by other persons does not bring the claim within the statute. The Willem III. (1871), L. R. 3 A. & E. 487; 25 L. T. 386.

Where a British vessel rescued the crew of a foreign vessel 90 miles from the British coast, brought them in heavy weather to an English port, and the foreign vessel was afterwards brought within the jurisdiction by others salvors, Sir F. Jeune, P., found as a fact that the life salvage services had been performed "in part within British waters," and therefore awarded life salvage. The Pacific, 67 L. J. Ad. 65; [1898] P. 170. But the Scottish Court of Session in a similar case, but where the distance was 200 miles from British waters, refused life salvage on the ground that the salvage services were complete when the seamen were taken on board a seaworthy ship, and were therefore not rendered wholly or in part within British waters. Jorgensen v. Neptune Steam Fishing Co., Ltd., 4 F. (Ct. of Sess. Cas.) 992; 39 Sc. L. R. 765. Cf. the judgment in The Pacific, supra, [1898] P. at p. 175.

(b) The corresponding words of the Act of 1854 were "the lives of the persons belonging to such ship or boat." These were held to include passengers as well as crew: see The Fusilier (1860), 34 L. J. Ad. 25; B. & L. 341; and were treated in 24 & 25 Vict. c. 10, s. 9, as equivalent to the words now used.

Where a steamship was in great danger and some of the crew left her in a boat in circumstances not amounting to desertion, smacksmen who subsequently saved them were held entitled to recover salvage against the steamship. The Cairo (1874), 43 L. J. Ad. 23; L. R. 4 A. & E. 184.

Where shipwrecked passengers and crew were taken off an island, which was uninhabited and without water, but on which they were not in any immediate danger, and brought to England, it was held that_no_life_salvage services had been rendered. The Cargo ex Woosung (1875), 44 L. J. Ad. 45; 33 L. T. 394; 3 Asp. M. L. C. 50; 239 (C. A.).

(e)" Vessel" was in 1894 substituted for "ship or boat." See definition, s. 742. (d) The personal liability is not confined to the actual legal owner of the property saved, but extends to a person having an interest therein which has been saved by the property being brought into a position of security. The Five Steel Barges (1890), 59 L. J. P. 77; 15 P. D. 148; and cf. s. 547, note (e). As to what is a sufficient interest to create liability, see ibid., but salvage cannot be

claimed for services to the property of the Crown. The Scotia, 72 L. J. P. C. 115; [1903] A. C. 501.

The action in personam lies, although the property has subsequently to the services been transferred to others, and the lien lost. Ibid.

The owners of cargo which has escaped destruction are liable to contribute to life salvage, although the salvors may have rendered no direct benefit to the cargo; for benefit to the property is not the criterion of liability to pay life salvage. The Fusilier, supra. See also The Cargo ex Schiller (1877), 46 L. J. P. D. 9; 1 P. D. 473; affirmed 2 P. D. 145; 36 L. T. 714; and other cases, infra. As to the right of a life-salvor against cargo which has been sold after action brought, see The Governor Maclean (1865), 13 W. R. 728.

The liability for life salvage is, however, not a general personal liability, but is limited to the value of the property saved from destruction. The Cargo ex Schiller, supra. And where no res is saved to which the claim can attach, the action, whether upon an agreement or otherwise, will not lie. The Renpor (1883), 52 L. J. Ad. 49; 8 P. D. 115; The Annie (1886), 56 L. J. P. 70; 12 P. D. 50. Thus, where the ship was lost, but cargo and life were saved, the shipowners were not, but the cargo-owner was, held liable for life-salvage. The Cargo ex Sarpedon (1877), 3 P. D. 28 ; 37 L. T. 505; 26 W. R. 374; 3 Asp. M. L. C. 509. But it is immaterial whether the property saved from destruction has been salved by "salvors," as the expression is ordinarily understood, or by other means. Thus, salvors of life alone were held entitled to salvage reward out of the proceeds of specie which the owners thereof had subsequently recovered from the wreck at their own expense. The Cargo ex Schiller, supra. See also The Coromandel, supra.

Where a harbour authority, acting under statutory powers, sold a sunken vessel which they had raised for less than the expenses, and recovered the difference from her owners, it was held that nothing was thereby saved to which a life-salvage claim could attach. The Annie, supra. And if the owners of such a vessel recover her value from the owners of a vessel through whose fault she was sunk, they are not liable for life-salvage in respect of the sum so recovered. Ibid.

The wearing apparel of masters and seamen is not liable to contribute to salvage. See Kennedy on Civil Salvage, 2nd ed., p. 58. The wearing apparel of passengers and other effects carried by them for their daily personal use are also exempt. The Willem III., supra. As to the liability of passengers' luggage not in daily use, and of ship's provisions, see Kennedy, pp. 52, 53.

As to the apportionment of the salvors' costs between the owners of the ship and the cargo saved, see The Peace (1856), Swa. 115; The Elton, 60 L. J. P. 69; [1891] P. 265.

Life salvage paid under this section of this Act is not recoverable under a Lloyd's policy in the usual form. Nourse v. Liverpool Sailing Ship Ass., 65

L. J. Q. B. 507; [1896] 2 Q. B. 16.

(e) Now money provided by Parliament: see M. S. (Mercantile Marine Fund) Act, 1898, s. 1 (b).

(ƒ) When no property is saved, this is the only reward a life-salvor can obtain. The Renpor, supra.

Pt. IX.

545.

vessels.

[1862, ss. 59,

545. When it is made to appear to Her Majesty that the Salvage of life government of any foreign country is willing that salvage from foreign should be awarded by British courts for services rendered in saving life from ships belonging to that country, when the ship 61, 62.] is beyond the limits of British jurisdiction, Her Majesty may, by Order in Council, direct that the provisions of this Part of this Act with reference to salvage of life shall, subject to any conditions and qualifications contained in the Order, apply, and those provisions shall accordingly apply to those services as if they were rendered in saving life from ships within British jurisdiction.

These provisions have as yet only been extendel to Prussia. See Order in Council of 7 April, 1864, post, Appendix, p. 746. As to saving of Orders in Council, sce s. 745.

Pt. IX. 546-547.

Salvage of cargo or wreck.

546. Where any vessel (a) is wrecked, stranded, or in distress at any place on or near (b) the coasts of the United Kingdom or any tidal water within the limits of the United Kingdom (b), and services are rendered by any person (c) in assisting that [1854, s. 458.] vessel or saving the cargo or apparel of that vessel or any part thereof, and where services are rendered by any person other than a receiver in saving any wreck (d), there shall be payable to the salvor by the owner (e) of the vessel, cargo, apparel, or wreck, a reasonable amount of salvage to be determined in case of dispute in manner hereinafter mentioned.

Determina

[1854, s. 460;

(a) "Vessel" is substituted for "ship or boat." See s. 742 for definition. (b)" On or near."-Barnes, J., held that a place twenty miles off the coast was not within these words, and thought (but without expressing a final opinion) that the limit to be placed upon them was the territorial limits of the kingdom. The Fulham, 68 L. J. Ad. 75 ; [1899] P. 251. The words of 1854, 8. 458, defining the locus, viz., “on the shore of any sea or tidal water situate within the limits of the United Kingdom," were considered in The Leda (1856), Swa. 40; 2 Jur. (N. S.) 119; and The Mac (1882), 51 L. J. Ad. 81; 46 L. T. 906; 7 P. D. 126 (not so fully reported); reversing 51 L. J. Ad. 20; 7 P. D. 38. The words have apparently been changed on account of the decision in these cases that the application of the section was not confined to the cases of vessels actually touching the shore itself. The words "the limits of the United Kingdom" were held in the cases cited to mean the land of the United Kingdom, and at any rate three miles from the shore.

A corresponding change of language has been made in certain other sections, e.g., ss. 511, 535.

"Tidal water" is defined in s. 742.

(c) A pilot may be entitled to salvage reward where the circumstances of the vessel when he takes charge are such as to make his services more than mere pilotage. Akerblom v. Price (1881), 50 L. J. Q. B. 629; 7 Q. B. D. 129; followed in The Santiago (1900), 83 L. T. 439; 9 Asp. 147, where the pilot was on board the saving vessel. But he must show not merely that the ship was in distress, but that she was in danger of being lost, and that he was called upon to incur such unusual danger or responsibility, or to exercise such unusual skill or perform such an unusual kind of service, as to make it unjust that he should be paid otherwise than upon the terms of salvage reward. Akerblom v. Price, supra. And that which was originally a pilotage service may, by supervening casualties, become a service entitled to salvage reward. Ibid., and The Saratoga (1861), Lush. 318. See also The Frederick (1838), 1 W. Rob. 16; The Aglaia (1886), 57 L. J. P. 106; 13 P. D. 160; The Eolus (1873), 42 L. J. Ad. 14; L. R. 4 A. & E. 29.

As to salvage by His Majesty's ships, see ss. 557 et seq.

(d) For the definition of "wreck," see s. 510.

(e) "Owner of the vessel, &c.”—See s. 544, note (d), and s. 547, note (c).

Procedure in Salvage.

547.-(1.) Disputes as to the amount of salvage (a) whether tion of salvage of life or property, and whether rendered within or without disputes. the United Kingdom (b) arising between the salvor and the 1862, s. 49; owners (c) of any vessel, cargo, apparel, or wreck (d), shall (e), if J. A.; J.I.A.] not settled by agreement, arbitration, or otherwise, be determined summarily in manner provided by this Act, in the following cases, namely:

(a.) In any case where the parties to the dispute consent:

(b.) In any case where the value (ƒ) of the property saved does not exceed one thousand pounds:

(c.) In any case where the amount claimed (g) does not exceed in Great Britain three hundred pounds, and in Ireland two hundred pounds.

(2.) Subject as aforesaid, disputes as to salvage shall be determined by the High Court (h) in England or Ireland, or in Scotland the Court of Session, but if the claimant does not recover in any such court in Great Britain more than three hundred pounds, and in any such court in Ireland more than two hundred pounds, he shall not be entitled to recover any costs, charges, or expenses incurred by him in the prosecution of his claim, unless the court before which the case is tried certify that the case is a fit one to be tried otherwise than summarily in manner provided by this Act (i).

(3.) Disputes relating to salvage may be determined on the application either of the salvor or of the owner of the property saved, or of their respective agents.

(4.) Where a dispute as to salvage is to be determined summarily under this section it shall be referred and determined as follows (j):

(a.) In England it shall be referred to and determined by a county court having Admiralty jurisdiction by virtue

Pt. IX.

547.

of the County Courts Admiralty Jurisdiction Act, 31 & 32 Vict. 1868, or any Act amending the same:

(b.) In Scotland it shall be referred to and determined by

the sheriff's court:

(c.) In Ireland it shall be referred to the arbitration of and determined by two justices of the peace, or a stipendiary magistrate, or the recorder of any borough having a recorder, or the chairman of quarter sessions in any county, and any such justices, stipendiary magistrate, recorder, or chairman are herein-after included in the expression" arbitrators."

c. 71.

(5.) Nothing in this Act relating to the procedure in salvage cases shall affect the jurisdiction or procedure in salvage cases of a county court having Admiralty jurisdiction by virtue of the County Courts Admiralty Jurisdiction Act, 1868 (k), or the Court of Admiralty (Ireland) Act, 1867, or any Act amending 30 & 31 Vict. either of those Acts.

(a) The jurisdiction extends to a claim on an agreement for a fixed amount of salvage. Beadnell v. Beeson (1868), 37 L. J. Q. B. 171; L. R. 3 Q. B. 439 (following The William and John (1863), 32 L. J. Ad. 102; B. & L. 49). And it includes the apportionment of the reward among the salvors. Atkinson v. Woodall (1862), 31 L. J. M. C. 174; 1 H. & C. 170; and cf. The Glannibanta (1876), 46 L. J. Ad. 75; 2 P. D. 45.

(b) The jurisdiction was extended to services rendered without the United Kingdom by M. S. A. 1862, 8. 49. As to the effect of the previous restriction, see The Leda (1856), Swa. 40.

(c) "Owners" includes mortgagees and all interested in the property. The

c. 114.