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Determination of disputes as to salvage summarily. [1858, ss. 460 —465; 1862, B. 49.]

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(d) The jurisdiction extends only to the salvage of ship and cargo (and freight), or that which has formed part of one of them, and not to all property saved from peril at sea, and a floating beacon incapable of being navigated is not the subject of salvage. The Gas Float Whitton (No. 2), 66 L. J. Ad. 99; [1897] A. C. 337.

(e) "shall . ... be determined summarily."—These words were held to be imperative, and to oust the jurisdiction of the Court of Admiralty. The William and John (I860). 32 L. J. Ad. 102; B. & L. 49; The Kate (1864), 33 L. J. Ad. 122; B. & L. 218. But the High Court has been held to have jurisdiction since the passing of the County Courts Admiralty Jurisdiction Act, 1868. The Empress (1872), 41 L. J. Ad. 32; L. R. 3 A. & E. 602; The Herman Wedtl (1870), 39 L. J. Ad. 30 ; 23 L. T. 876. But quiere now the effect of the re-enactment of the present section since the Act of 1868.

In The Kate, supra, it was held that the Admiralty Court had power to condemn in costs and damages, where the plaintiff had wrongfully commenced an action, and arrested the ship in that Court.

As to the principles on which costs and damages are given in such cases, see ibid, and The Eleonore (1863), 33 L. J. Ad. 19; B. & L. 185; The Nautilus (1856), Swa. 105; The Gloria de Maria (1856), Swa. 106.

(/) I.e., the value when first brought into safety. The Stella (1867), 36 L. J. Ad. 13; L. R. 1 A. & E. 340. Cf. The Norma (1859), Lush. 124.

(y) In The William and John, supra, it was held that this referred to the amount claimed antecedently to any legal proceedings. Cf. s. 549, note (c).

(h) The jurisdiction in England is assigned to the Probate, Divorce, and Admiralty Division by rule 1 of the R. S. C. (Merchant Shipping), 1894; see App. p. 763. The jurisdiction of the Cinque Ports Courts is saved by s. 571.

(1) Where the question is merely one of quantum, time occupied, dangers incurred, &c, the Court should not certify; but questions of disputed agreements made at sea or charges of misconduct or neglect are, because of their difficulty, grounds for certifying. The Fenix (1855), Swa. 13; The John (1860), Lush. 11; The Comte XeMclrood (18C2), Lush. 454; 31 L. J. Ad. 77.

(j) The salvage jurisdiction of justices and other persons as arbitrators under the repealed Acts is retained, with some modification, in Ireland, but is superseded in England and Scotland by the provisions of sub-s. (4) (a), (b).

As to venue and as to assessors, see s. 548.

(k) By the County Courts Admiralty Jurisdiction Act, 1868, s. 3, County Courts having Admiralty jurisdiction have jurisdiction as to salvage where the value of the property saved does not exceed 1,000/., or where the amount claimed does not exceed 300/., and beyond these limits in cases of consent.

548.—(1.) Disputes as to salvage which are to he determined summarily in manner provided by this Act shall (a)

(a.) where the dispute relates to the salvage of wreck (b) he referred to a court or arbitrators having jurisdiction at or near the place where the wreck is found;

(b.) where the dispute relates to salvage in the case of services rendered to any vessel or to the cargo or apparel thereof or in saving life therefrom be referred to a court or ai-bitrators having jurisdiction at or near the place where the vessel is lying (c), or at or near the port in the United Kingdom into which the vessel is first brought after the occurrence by reason whereof the claim of salvage arises.

(2.) Any court or arbitrators to whom a dispute as to salvage is referred for summary determination may, for the purpose of Pt. IX.

determining any such dispute, call in to their assistance any 549.

person conversant with maritime affairs as assessor, and there

shall be paid as part of the costs of the proceedings to every such assessor in respect of his services such sum not exceeding five pounds as the Board of Trade may direct.

(a) See 8. 547, and note (e) thereto.

(4) For definition of "wreck" see s. 510.

(e) These words mean at or near the place where the ship is brought immediately after the accident, and do not include any place where she may afterwards bo when a dispute arises. Summers v. Siichan (1891), (Sc.) 18 Ct. of Sess. Cas. (4th Series) 879.

549.—(1.) Where a dispute relating to salvage has been Appeal in case determined summarily in manner provided by this Act, any dispute^6 party aggrieved by the decision may appeal («) therefrom— [1854, ss. 464,

(a.) in Great Britain, in like manner as in the case of any j I.'a.]' other judgment in an Admiralty or maritime cause of the county court or sheriff's court, as the case may be (b); and

(b.) in Ireland, to the High Court, but only if the sum in dispute (c) exceeds fifty pounds, and the appellant within ten days after the date of the award give3 notice to the arbitrators of his intention to appeal and, within twenty days after the date of the award, takes such proceedings as, according to the practice of the High Court, are necessary for the institution of an appeal.

(2.) In the case of an appeal from arbitrators in Ireland the arbitrators shall transmit to the proper officer of the court of appeal a copy on unstamped paper certified under their hands to be a true copy of the proceedings had before them or their umpire (if any) and of the award so made by them or him, accompanied with their or his certificate in writing of the gross value of the article respecting which salvage is claimed; and such copy and certificate shall be admitted in the court of appeal as evidence in the case.

(a) The Court hearing tho appeal will not disturb the award on a mere question of amount, unless plainly inadequate or exorbitant. The Cuba (1860), Lush. 14; 6 Jur. (N. S.) 152; The Jeune Louise (1868), 37 L. J. Ad. 32; The Harriett (1857), Swa. 218; The Clarissa (1S56), Swa. 129 (P. C).

As to a similar rule in the Court of Appeal, see The Lancaster (1883), 9 P. D. 14 ; 49 L. T. 705 (C. A.); The Star of Tnsia (1887), 57 L. T. 839; 6 Asp. M. L. C. 220—(C. A.); The Accomac, [1891] P. 349; 66 L. T. 335; 7 Asp. M. L. C. 153—(C. A.) (where a distinction is drawn between this rule and that with regard to setting aside the verdict of a jury on a question of fact); and cf. The Thomas Allen (1886), 12 App. Cas. 118; 56 L. T. 285.

As to admission of fresh evidence on appeal, see The Generous, infra.

(It) As to such appeals from the County Court, see the County Courts Admiralty Jurisdiction Act, 18C8, ss. 26—31, &c.; and from the Sheriffs Court, 11 Geo. 4 & 1 Will. 4, e. 69; 1 & 2 Vict. c. 119, ss. 21, 22; and Spent* v. Sinclair (1883), 20 Sc. L. R. 726.

Pt. IX.

550—551. Under the repealed Acts, the provisions of this section now confined to Ireland applied to Great Britain also.

(c) "Sum in dispute" does not mean the sum awarded by the justices and appealed against, but the sum claimed by the salvors. The Andrew Wilton (1863), 32 L. J. Ad. 104; B. & L. 66; The Mary Ann (1865), 34 L. J. Ad. 73; 12 L. T. 238; The Generous (1868), 37 L. J. Ad. 37; L. E. 2 A. & E. 57 (where the two preceding cases are explained); and cf. note {g) to s. 547.

When the sum in dispute exceeds 60/., an appeal lies, even though the value of the property is under 1,000/. The Generous, tupra.

tratora^n'" ^®"—(*") The Lord Lieutenant in Ireland may appoint, out

Ireland. oi the justices for any borough or county, a rota of justices, by

[1854,88.461, 'whom jurisdiction in salvage cases under this Part of this Act 462, 463; shall be exercised.

, a. 4 .] ^2 ^ Where no such rota is appointed the salvors may, by writing addressed to the justices' clerk, name one justice and the owner of the property saved may in like manner name another justice to be arbitrators; and if either party fails to name a justice within a reasonable time the case may be tried by two or more justices at petty sessions.

(3.) Where a dispute as to salvage is referred to justices under this Act, they may, if a difference of opinion arises between them, or without such difference, if they think fit, appoint some person conversant with maritime affairs as umpire to decide the point in dispute.

(4.) The arbitrators, within forty-eight hours after any such dispute hns been referred to them, and the umpire (if any) within forty-eight hours after his appointment, shall make an award as to the amount of salvage payable, with power nevertheless for such arbitrators or umpire, by writing, duly signed, to extend the time for so making the award.

(5.) There shall be paid to every umpire appointed as aforesaid, in respect of his services, such sum not exceeding five pounds as the Board of Trade may direct.

(6.) All the costs of such arbitration, including any such payment to an umpire as aforesaid, shall bo paid by the parties to the dispute, in such manner, and in such shares and proportions, as the arbitrators or umpire may direct by the award.

(7.) The arbitrators or umpire may call for the production of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute, and may examine the parties and their witnesses on oath, and administer the oaths necessary for that purpose.

(8.) A Secretary of State may determine tho scale of costs to be awarded in salvage cases determined by arbitrators under this Part of this Act.

Valuation of 551,—(].) Where any dispute as to salvage arises, the rereceiver* * ccTMei oi the district where the property is in respect of which ri862 s. 50.] the salvage claim is made, may, on the application of either Ft. IX.

party, appoint a valuer to value that property, and shall give 552. copies of the valuation to both parties.

(2.) Any copy of the valuation purporting to be signed by the valuer, and to be certified as a true copy by the receiver, shall be admissible as evidence in any subsequent proceeding.

(3.) There shall be paid in respect of the valuation by the person applying for the same such fee as the Board of Trade may direct.

552.—(1.) Where salvage is due to any person under this Detention of Act (a), the receiver shall (6)- g^fi (a.) if the salvage is due in respect of services rendered in salvage by a assisting any vessel, or in saving life therefrom (c), or receiver, in saving the cargo or apparel thereof, detain the vessel ^gg^'g"'si6-8' and cargo or apparel; and J. A.'; J. I. A.]

(b.) if the salvage is due in respect of the saving of any wreck ((f), and the wreck is not sold as unclaimed under the Act, detain the wreck. (2.) Subject as herein-after mentioned, the receiver shall detain the vessel and the cargo and apparel, or the wreck (herein after referred to as detained property) until payment is made for salvage, or process is issued for the arrest or detention thereof by some competent court.

(3.) A receiver may release (c) any detained property if security is given to his satisfaction or, if the claim for salvage exceeds two hundred pounds and any question is raised as to the sufficiency of the security, to the satisfaction in England or Ireland of the High Court (/), and in Scotland of the Court of Session, including any division of that court, or the lord ordinary officiating on the bills during vacation.

(4.) Any security given for salvage in pursuance of this section to an amount exceeding two hundred pounds may be enforced by such court as aforesaid in the same manner as if bail had been given in that court.

(a) The words " due to any person under this Act" are not limited to the cases covered by ss. 544, 545 and 546, but embrace all salvage recoverable under this Act (see inter alia s. 565), and therefore the receiver of wreck may detain a ship within his district for services rendered in salving her outside the limits prescribed by s. 546. The Fulham, 68 L. J. P. 75; [1899] P. 251, 0. A. affirming Barnes, J.

(b) Semble, the receiver has no discretion to refuse to detain; see judgment of V. Williams, L.J., in The Fulham, [1899] P. 264.

(c) The former words were "lives of persons belonging to"; as to which, see note (A) to 8. 514.

(d) See s. 510, definition of " wreck."

(e) In The Lailij Kaiherine Bar hum (1S61), Lush. 404; 5 L. T. 693, it was held that, after such release by the receiver on security being given, salvors had no right to detain the property or arrest it by warrant of the Admiralty Court.

(/) See Eule 1 of the Rules of the Supreme Court (Merchant Shipping), 1894, post, Appendix, p. 763.

Pt. IX.

553—554. 553.—(1.) The receiver may sell any detained property if the Sale of" persons liable to pay the salvage in respect of which the prodetained perty is detained are aware of the detention, in the following

property by cases, namely— receiver.

[18,34, s. 409.] (a.) where the amount is not disputed, and payment of the amount due is not made within twenty days after the amount is due, or,

(b.) where the amount is disputed, but no appeal lies from the first court to which the dispute is referred, and payment is not made within twenty days after the decision of the first court, or

(c.) where the amount is disputed and an appeal lies from the decision of the first court to some other court, and within twenty days of the decision of the first court neither payment of the sum due is made nor proceedings are commenced for the purpose of appeal.

(2.) The proceeds of sale of detained property shall, after payment of the expenses of the sale, be applied by the receiver in payment of the expenses, fees (a), and salvage, and, so far as not required for that purpose, shall be paid to the owners of the property, or any other persons entitled to receive the same.

(«) See s. 567: receiver's fees.

Agreement as 554.—(1.) Where services for which salvage is claimed are to salvage. ^ rendered either by the commander or crew or part of the crew of p854 s. 497; any 0f jjer Majesty's ships or of any other ship, and the salvor (a) voluntarily agrees to abandon his lien upon the ship, cargo, and property alleged to be salved, then, upon the master entering into a written agreement attested by two witnesses to abide the decision of the High Court in England, or of a ViceAdmiralty Court or Colonial Court of Admiralty, and thereby giving security in that behalf to an amount agreed on by the parties to the agreement, that agreement shall bind the ship, and the cargo, and freight respectively, and the respective owners of the ship, cargo, and freight, and their respective heirs, executors, and administrators, for the salvage which may be adjudged to be payable in respect of the ship, cargo, and freight respectively to the extent of the security given.

(2.) Any agreement made under this section may be adjudicated on and enforced in the same manner as a bond executed under the provisions of this Part of this Act (b) relating to salvage by Her Majesty's ships, and on any such agreement being made the salvor and the master shall respectively mako the statements required by this Part of this Act to be made in the case of the bond, but their statements need not be made on oath.

(3.) The salvor shall transmit the statements made, as soon

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