« 이전계속 »
as practicable to tho court in which the agreement is to be 555—556. adjudicated upon.
(a) In case of salvage by officers or crew of one of Her Majesty's ships, "salvor" means the person in command of such ship: see e. 742.
(b) See ss. 558 el seq.: salvage by Her Majesty's ships.
555.—(1.) Where the aggregate amount of salvage payable Apportionin respect of salvage services rendered in the United Kingdom ment of f*1" has been finally determined, either summarily in manner pro- 200?. by vided by this Act (a) or by agreement, and does not exceed two receiver, hundred pounds, but a dispute arises as to the apportionment [1854, ss. 466, thereof among several claimants, the person liable to pay the 4 -■ amount may apply to the receiver for liberty to pay the same to him; and the receiver shall, if he thinks fit, receive the same accordingly, and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid, and that certificate shall be a full discharge and indemnity to the person by whom the money is paid, and to his vessel, cargo, apparel, and effects against the claims of all persons whomsoever in respect of the services mentioned in tho certificate.
(2.) The receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same on such evidence, and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent.
(3.) A distribution made by a receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amoimt distributed.
(a) See ss. 547 ft mq.: determination of salvage disputes.
556. Whenever the aggregate amount of salvage payable in Apportionrespect of salvage service rendered in the United Kingdom has ~]"tofb been finally ascertained, and exceeds two hundred pounds, and Admiralty whenever the aggregate amount of salvage payable in respect of Conrts. salvage services rendered elsewhere has been finally ascertained, [1854, s. 498.] whatever that amount may be, then, if any delay or dispute arises as to the apportionment thereof, any court having Admiralty jurisdiction may cause the same to be apportioned amongst the persons entitled thereto in such manner as it thinks just, and may for that purpose, if it thinks fit, appoint any person to carry that apportionment into effect, and may compel any person in whose hands or under whose control the amount may be to distribute the same, or to bring the same into court to be there dealt with as the court may direot, and may for the purposes aforesaid issue such processes as it thinks fit.
Salvage by 5S7,—(1.) Where salvage services are rendered by any ship
ships. aje8^8 belonging to Her Majesty (n) or by the commander or crew
[1854, 88.484, thereof, no claim shall bo allowed for any loss, damage, or risk
485.] caused to the ship or her stores, tackle, or furniture, or for the
use of any stores or other articles belonging to Her Majesty,
supplied in order to effect those services, or for any other expense
or loss sustained by Her Majesty by reason of that service, and
no claim for salvage services by the commander or crew, or part
of the crew of any of Her Majesty's ships shall be finally
adjudicated upon, unless the consent of the Admiralty (b) to the
prosecution of that claim is proved.
(2.) Any document purporting to give the consent of the Admiralty for the purpose of this section, and to be signed by the Secretary to the Admiralty or on his behalf, shall be evidence of that consent.
(3.) If a claim is prosecuted and the consent is not proved, the claim shall stand dismissed with costs.
(a) A ship belonging to the Bombay Government, with a hired commander and crew, was held to be in the same position, with respect to these provisions (M. S. A. 1S54, s. 484), as a Queen's ship. The Caryo ex Woosung (1876), 1 P. D. 260: 35 L. T. 8-(C. A.). Ci. Ue Dalhousie (1875), 1 P. D. 271, n.; 3 Asp. M. L. C. 240, n.
The term "Her Majesty'a ships" does not include every case in which any department, of Her Majesty's service thinks proper to use a vessel for that service. Thus a tug and lifeboat owned and employed by the Board of Trade, as Trustees of Ramsgate Harbour, were held not to be ships belonging to Her Majesty within this provision. The (,'ubtle (1878), 47 L. J. P. D. & A. 13; 3 P. D. 8. By the Harbours and Passing Tolls Act, 1861, s. 28, the Board of Trade are entitled to 5 per cent, on all salvage paid or liable to be paid in respect of any ship, or boat, or cargo, or apparel of any ship or boat, or any wreck or other property which may be brought into Ramsgate Harbour, aud this percentage must be deducted from the salvage and paid to the Board of Trade before the remainder of the salvage is paid to the falvors.
A transport, under charter to the Lords of the Admiralty, performing, by order of the officer of a Queen's ship, salvage services not within the terms of the cliarterpartv, was held entitled to a share of the amount awarded as salvage. The Xile (1875), 44 L. J. Ad. 38; L. R. 4 A. & E. 449; The Iterlie (1886), 55 L. T. 520 ; 6 Asp. M. L. C. 26. A ship owned by the Government appearing in the Navy List, and exclusively employed in carrying coal for the navy under the dockyard authorities and the Admiralty, was held to be a ship belonging to His Majesty within the meaning of s. 741 of this Act, so that her master was exempt from liability to pay pilotage dues under this Act (see s. 591) and a local Pilotago Act, though neither master nor crew were in the navy. Spinous v. Baker, 71 L. J. K. B. 905;  2 K. B. 723.
As to " Government ships'1'' registered as British ships, see M. S. A. 190G, s. 80.
(/') The object of this requirement appears to be to prevent claims being made where the service is not of real importance or hazardous, or where it is within the scope of the salvor's publio duty and therefore not entitled to reward. See Kennedy on Civil Salvage, 2nd ed., pp. 112, 113.
The consent of the Admiralty given in the usual form (A..D. 1861) was held to cover a claim for salvage of life as well as of property. The Alma (1861), Lush. 378.
"Where such consent is given, the officers and crew of His Majesty's ships are entitled to salvage reward for services rendered to life, ship, and cargo, but their claim is limited to their personal services; and they cannot claim salvage reward for anything which fairly falls within the scope of their public duty to render
protection to British ships and to the lives and cargoes on board of them. See 558—559.
ibid.; aDd The Cargo ex Ulysses (1888), 13 P. D. 205 ; 37 W. R. 270 ; more fully
reported in 58 L. j. P. 11; The Rosalie, 1 Spink, 188. And the fact that such salvors do not risk their own property is to be taken into consideration. The Iodint (1844), 3 Notes of Cases, 140; The Earl of Eglintott (1855), Swa. 7.
Semblr, the commander of His Majesty's ship cannot make with tho master of a wrecked ship an agreement as to the amount of remuneration. At any rate if sent to render help to a wrecked ship, he cannot impose terms and refuse to give salvage services unless those terms are accepted. The Cargo ex Woosung, supra; and see note to s. 558.
Save as aforesaid, the commander and crew of His Majesty's ship appear to have the same rights to salvage remuneration for their personal services as the master and crew of a merchant ship. See ibid. ; and The Iodine, supra.
As to their right to detain the salved ship, &c, see ss. 558, 560, 562.
558. —(1.) Where services are rendered at anyplace out of Salvage by the limits of the United Kingdom or the four seas adjoining Her Majesty's thereto by the commander or any of the crew of any of Her ^'ps abroa(1Majesty's ships, in saving any vessel or cargo or property '486-J belonging to a vessel, the vessel, cargo, or property, alleged to
be saved shall, if the salvor is justified by the circumstances of the case in detaining it, be taken to some port where there is a consular officer or a colonial court of admiralty, or a viceadmiralty court.
(2.) The salvor (a) and the master, or other person in charge of the vessel, cargo, or property, saved shall within twenty-four hours after arriving at the port each deliver to the consular officer or judge of the colonial court of admiralty or viceadmiralty court, as the case may be, a statement on oath, specifying so far as possible, and so far as those particulars are applicable, the particulars set out in the first part of the Nineteenth Schedule to this Act, and also in the case of tho master or other person his willingness to execute a bond in the form, so far as circumstances will permit, set out in the second part of that Schedule (b).
(n) I.e., the person in command of His Majesty's ship: see definition, s. 742.
(A) This section and tho 19th Schedule appear to negative tho power of an officer commanding a ship belonging to His Majesty to enter into an agreement with the master of the salved ship as to tho amount of remuneration. See The Cargo ex Woosung, supra; and see note (A) to s. 657.
559. —(1.) The bond shall be in such sum as the consular Provisions as officer or judge thinks sufficient to answer the demand for ^"Sad*0 salvage service, but the sum fixed shall not exceed one half of ri85< gg'^sthe amount which, in the opinion of the consular officer or 489.]'' judge, is the value of the property in respect of whicb salvage
has been rendered.
(2.) Where the vessel, cargo, or property in respect of which salvage services are rendered is not owned by persons domiciled in Her Majesty's dominions, the master shall procure 6uch security for the due performance of the bond as the consular officer or judge thinks sufficient to be lodged with that officer or Pt. IX.
560—561. judge, cr with that officer or judge and such other persons jointly as the salvor may appoint.
(3.) The consular officer or judge shall fix the amount of the bond within four days after the receipt of the statements required by this Part of this Act, but if either of those statements is not delivered within the time required by this Part of this Act, he may proceed ex parte.
(4.) A consular officer may for the purposes of this section take affidavits.
(5.) Nothing in this section shall authorise the consular officer or judge to require the cargo of any ship to be unladen.
Execution of 560.—(1.) The consular officer or judge on fixing the sum to r*~ be inserted in the bond shall send notice thereof to the salvor
491.]' ** '' aQd master, and on the execution of the bond by the master in the sum fixed in the presence of the consular officer or judge (who shall attest the same), and upon delivery thereof to the salvor, and in cases where security is to be lodged, on that security being duly lodged, the right of the salvor to detain the vessel, cargo, or property shall cease.
(2.) The bond shall bind the respective owners of the vessel, cargo, and freight, and their heirs, executors, and administrators, for the salvage adjudged to be payable in respect of the vessel, cargo, and freight respectively.
Enforcement 561.— (1.) The bond shall be adjudicated on and enforced in
of bond. £jje Jjjgh Court in England, unless the salvor and master agree
492°44938'*90' a*- *ue ^mie °f tb.® execution of the bond that the bond may be
J. A.] adjudicated on and enforced in any specified colonial court of
admiralty or vice-admiralty court, but that court shall in that
case have the same power and authorities for the purpose as the
High Court in England.
(2.) The High Court in England shall have power to enforce any bond given in pursuance of this Part of this Act in any colonial court of admiralty or vice-admiralty court in any part of Her Majesty's dominions, and any court exercising admiralty
Jurisdiction in Scotland, Ireland, the Isle of Man, or the Channel slands shall assist that court in enforcing those bonds.
(3.) Where security has been given for the performance of a bond, the persons with whom the security is lodged shall deal with the same as the court adjudicating upon the bond direct.
(4.) The consular officer or judge shall at the earliest opportunity transmit the statements and documents delivered to him, and the notice of the sum fixed in the bond to the High Court in England or the colonial court of admiralty or vice-admiralty court in which the bond is to be enforced, as the case may be.
The jurisdiction of the High Court in England under the Act generally is assigned to the Probate, Divorce and Admiralty Division by rule 1 of the Rules of the Supreme Court (Merchant Shipping). 1894: eee Appendix, p. 763.
562.—(1.) Nothing contained in this Part of this Act shall 562—565.
prejudice the right of the salvor (a), where salvage services have r—;—
been rendered hy one of Her Majesty's ships, or hy tlie com- other salvage mander or any of the crew thereof, to proceed for the enforce- rights, ment of the salvage claim otherwise than in manner provided [1854, s. 491.] hy this Act, but the salvor shall have no right to detain the vessel, cargo, or property saved, unless he elects to proceed under this Part of this Act.
(2.) Nothing contained in this Part of this Act shall affect the right of the salvor, where salvage services have been rendered by one of Her Majesty's ships or by the commander or any of the crew thereof, in any case which is not provided for therein.
(a) See definition, s. 742.
563. Any bond, statement, agreement, or other document Exemption made or executed in pursuance of the provisions of this Part of *rom stamP this Act relating to salvage by Her Majesty's ships shall, if rj1^ 4 , made or executed out of the United Kingdom, be exempt from' stamp duty.
564. If any person in any proceeding under the provisions of Punishment this Part of this Act relating to salvage by Her Majesty's for forgery
(a.) forges, assists in forging, or procures to be forged, frau- llS5l> "• 4961 dulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any document; or
(b.) puts off or makes use of any forged or altered document, knowing the same to be so forged or altered; or
(c.) gives or makes, or assists in giving or making, or procures to be given or made, any false evidence or representation, knowing the same to be false,
that person shall for each offence be liable to imprisonment, with or without hard labour, for any period not exceeding two years, or, on summary conviction, to imprisonment, with or without hard labour, for any period not exceeding six months.
Jurisdiction of High Court in Salvage.
565. Subject to the provisions of this Act (a), the High Jurisdiction Court (b), and in Scotland the Court of Session, shall have juris- ^^^Court diction to decide upon all claims whatsoever relating to salvage, n8"TM^'-6. whether the services in respect of which salvage is claimed J.a.;'j.i.a.] were performed on the high seas or within the body of any county, or partly on the high seas and partly within the body of any county, and whether the wreck in respect of which