the last-mentioned section do not in anywise affect the rights of seamen who have entered into such an agreement and subsequently render life salvage services to claim salvage for their services as against property salved, or the owners of that property (t). It is also provided by sect. 233 of the Merchant Shipping Sale or assignment Act, 1854, that no assignment or sale of salvage made prior to sign of salvage inthe accruing thereof shall bind the party making the same, and valid. that no power of attorney or authority for the receipt of salvage shall be irrevocable (u). Where vessels sail as consorts, and under an agreement to give to each other mutual protection, it has been held that a claim for salvage could not be founded on services performed by the crew of one in assisting the other (v). But where a custom was alleged to exist in the whale fisheries for vessels to assist each other gratuitously in time of danger, it was held that, assuming its existence, it could not apply to a ship which was not embarked in any joint enterprize with the vessel in peril, but which had gone out from this country to render assistance (x). Effect of custom not to claim salvage. entitled to When salvage services are rendered to a ship owned by Persons the same owners as the ship by which the services are rendered, claim where but the cargo on board the salved ship belongs to third persons, salving and salved ship the shipowners as owners of the salving ship are entitled to belong to recover salvage against the cargo-owners (y). So, also, where same owners. salvage services are performed by one ship to another belonging to the same owners, the master and crew of the ship which has performed the salvage service are entitled to salvage remuneration, provided the services performed by them are not within the contract which they originally entered into with the owners, and for which they would be paid by them ordinary wages (≈). Prior to the Judicature Act, it was held that a vessel was not disentitled to salvage merely because she belonged to the same (t) The Pensacola, Br. & L. 306. (u) See also 27 & 28 Vict. c. 24, s. 15, making void any assignment, sale or contract of, or relating to, salvage payable in respect of the services of any petty officer or seamen in the navy, or of any non-commissioned officer of marines or inarine. (r) The Zephyr, 2 Hagg. 43. See The Caroline, Lush. 334. (x) The Swan, 1 W. Rob. 68. This custom was also set up in The Margaret, 2 Hagg. 48, note, but was not esta blished. See also The Africa, 1 Spks. (y) The Miranda, L. R., 3 A. & E. 561. (2) The Sappho, L. R., 3 P. C. 690, and the cases there cited. See also The Scout, L. R., 3 A. & E. 512. Where salving to owners of salved ship. owners as a vessel that had occasioned the necessity for the salved services proceeded on being rendered (a). The East India Company was held not to be exempt from ship chartered the payment of salvage to the crew of a ship chartered to them for services rendered to a ship which belonged to them (b); and it is now settled, that the owners of a vessel rendering salvage services are not debarred from claiming salvage from the mere fact that they are also charterers of the vessel assisted (c). Where, however, the crews of two ships belonging to the same owner assisted another ship which was not only chartered to him, and carried a cargo belonging to him, but of which he had appointed the master and crew, so that the owners were divested of all possession or control, the Court refused to award salvage to the owners of the salving vessel (d). The effect of the performance of salvage services by Queen's ships will be mentioned in a later part of this Chapter (e). REMEDIES OF SALVORS. Possessory lien. Where services rendered by ship's agent. Action in Bench Salvors, who retain possession of the property they have salved, have a possessory lien on it at common law, and might have continued their possession until they were remunerated (ƒ). It has recently been held that a ship's agent who, with the authority of the captain, expended labour and money on getting a cargo which had come to shore to a place of safety, had a lien on the cargo for his charges against the owner, although they were incurred without his sanction (g). The right to salvage may be determined in the Queen's Bench Division in an action brought by the claimant upon the Division. implied contract to remunerate him, or in an action by the owner of the ship or goods for (a) The Glengaber, L. R., 3 A. & E. 534. But possibly since the Judicature Act a counter-claim might be maintained. (b) The Waterloo, 2 Dods. 433: affirmed, (c) The Collier, L. R., 1 A. & E. 83. (f) Hartford v. Jones, 1 Ld. Raym. their detention (h). No action the vessel; but unless she has been wholly abandoned, they are bound to give up charge to the master on his appearing, and he may refuse to employ them further. The Champion, Br. & L. 69, where see also as to what is a derelict. See also the judgment of Sir Robert Phillimore in The Kathleen, 4 L. R., A. & E. 269. As to the statutory duty of salvors to deliver up the property salved into the custody of the receiver of wreck of the district, see infra, pp. 655, 677. (g) Hingston v. Wendt, L. R., ! Q. B. D. 367. See also supra, p. 640. (h) Newman v. Walters, 3 B. & P. 612; 2 Chit. Plead. 54. can be brought by a seaman against the owner of his ship for his share of salvage money awarded to the owner by justices acting under the provisions of the Merchant Shipping Act, 1854, and paid to him, no apportionment of the salvage having been made by the justices (i). Salvors may also enforce their claims in the Admiralty Divi- Action in Admiralty sion either by a suit in rem against the ship, freight, or goods, Division. or in personam against the owners of any property salved (). They may also, in certain cases, for the same purpose, take proceedings before the magistrates or a County Court judge, under the Merchant Shipping Acts (); or in a County Court having Admiralty jurisdiction under the County Courts Admiralty Jurisdiction Act, 1868 (m). The Court of Admiralty had, by ancient usage, jurisdiction Jurisdiction of Admiralty over all salvage cases arising on the high seas. By modern Division. statutes the jurisdiction of this Court was extended to cases in which the ship salved was within the body of a county at the time when the services were rendered (n), and it was enabled, as we have already seen, to award salvage, in certain cases, not only where ships or boats or their cargoes or apparel had been salved, but also where life salvage services alone had been rendered, or wreck (o) had been saved by any person other than a receiver of wreck (p). And by the Merchant Shipping Act, (i) Atkinson v. Woodhall, 1 H. & C. 170; and see post, pp. 653, 657, 663, note (t). (k) The Hope, 3 C. Rob. 215; The Meg Merrilies, 3 Hagg. 346; The Rapid, 3 Hagg. 419; The Cargo ex Sarpedon, 3 P. D. 28. (See post, pp. 654, note (ƒ), 658. Before this act these proceedings were regulated by the 9 & 10 Vict. c. 99, which is now repealed. See as to the recovery of salvage within the jurisdiction of the Cinque Ports, post, p. 668. (m) 31 & 32 Vict. c. 71, s. 3 (Appendix, p. ccxcviii), and infra, p. 653. (n) 3 & 4 Vict. c. 65, s. 6, Appendix, p. ccxiii; 9 & 10 Vict. c. 99, s. 40, which last-mentioned act is now repealed. It was decided by Dr. Lushington that the 3 & 4 Vict. c. 65, s. 6, did not confer on the Court of Admiralty any jurisdiction to award salvage for the preservation of a raft of timber found flotsam in a harbour within the body of a county. In the matter of a Raft of Timber, 2 W. Rob. 251, 255, note. (0) As to the meaning of "wreck," see supra, p. 643, n. (j). (p) Supra, pp. 642-645. The 458th section of the M. S. Act, 1854, expressly Proceedings in Admiralty 1854, sect. 476, it is expressly provided, that, subject to the provisions of that act (n), the High Court of Admiralty shall have jurisdiction to decide upon all claims whatsoever relating to salvage, whether the services in respect of which salvage is claimed were performed upon the high seas, or within the body of any county, or partly in one place and partly in the other, and whether the wreck was found at sea or cast upon the land, or partly in the sea and partly on land. This Court had also power to deal with all questions as to the title to or ownership of any ship, or the proceeds thereof remaining in the registry of the Court, which arose in any cause of salvage (o). The jurisdiction of the Court was not ousted by the fact that the parties had entered into an agreement to refer the claim in dispute to arbitration (p); nor was the remedy of salvors in that Court in any way affected by their abandoning the possession of the vessel which they had salved (g). By the Judicature Act, 1873, the jurisdiction of the Court of Admiralty is transferred to and vested in the High Court of Justice, and by virtue of the same act all causes and matters within the exclusive jurisdiction of the former Court are now assigned to the Admiralty Division (1). The Admiralty Division has now jurisdiction in all cases of salvage, however small the amount claimed, or the value of the property salved (8). In cases where royal fish, such as whales or sturgeon, are where salvage captured near the coasts of England, the captors are entitled to is due on cap- salvage, and such salvage is recoverable by proceedings either in ture of royal the Admiralty Division, or, if the capture is made within the jurisdiction of the Cinque Ports, in the Court of Admiralty of the Cinque Ports (†). fish. Maritime lien. Where salvage service have been rendered to the lives belonging to any ship, or to ship, freight or cargo, a maritime lien attaches on the whole of the property salved. And this lien may (") See the M. S. Act, 1854, s. 460, and the M. S. Act, 1862, s. 49, post, pp. 654-657, enabling proceedings in certain cases to be taken before magistrates or a County Court judge. See also the M. S. Act, s. 458, supra, pp. 643, 644. (0) 3 & 4 Vict. c. 65, s. 4 (Appendix, p. ccxiii). As to the jurisdiction of the Court in causes of apportionment of salvage, see post, p. 663. (p) La Purisima Concepcion, 13 Jur. 545. (a) The Eleanora Charlotta, 1 Hagg. 156. As to the jurisdiction of the Court of Admiralty to enforce salvage bonds, see infra, p. 656, n. (o), 673. (r) 36 & 37 Vict. c. 66, ss. 16, 34, 42. (s) See The Empress, L. R., 3 A. & E. 502, and post, p. 658. (t) The King in his Office of Admi• ralty v. The Lord Warden of the Cinque Ports, 2 Hagg. 438. be enforced within a reasonable time (v), by a suit in rem (x) in the Admiralty Division or any other Court of Admiralty jurisdiction (y). having Ad The maritime lien conferred by salvage ranks above all other maritime liens which have attached on the property salved previously to the time when the salvage services were rendered (z). County Courts having Admiralty jurisdiction may try and Actions in determine claims for salvage where the value of the property County Courts saved does not exceed 1,000l., or in which the amount claimed miralty jurisdoes not exceed 3007., and also in cases involving larger amounts where the parties agree by a memorandum signed by themselves, their solicitors or agents, that any County Court having Admiralty jurisdiction and specified in the memorandum shall have jurisdiction (a). diction. The provisions of the Merchant Shipping Act, 1854, with Jurisdiction of reference to the jurisdiction of magistrates in salvage cases and magistrates the duties of receivers of wreck are contained in the eighth part of that act; they have been amended and extended by the Merchant Shipping Act, 1862 (b). (r) The Royal Arch, Swa. 285; The Samuel, 15 Jurist, 407; The Rapid, 3 Hagg. 419; The Ragasthan, Swa. 171. (z) The wearing apparel of the master, seamen, and the luggage and personal effects of passengers are not liable to contribute, and therefore are exempt from arrest. See The Willem III., L. R., 3 A. & E. 487, and the authorities there cited arguendo. (y) The Fusilier, Br. & L. 341; The Cargo ex Schiller, 2 P. D. 145; The Carrier Dove, 2 Moo. P. C. C., N. S. 243; The Gustaf, Lush. 506, where a maritime lien for salvage was held to be entitled to priority over the possessory lien of a shipwright, into whose yard the vessel came after the salvage services had been rendered. The ship and the cargo must each contribute to the amount of salvage remuneration in proportion to its value. The Emma, 2 W. Rob. 219: The Longford, 6 P. D.; The Pyrenee, Br. & L. 189. For the jurisdiction and practice of the Court of Admiralty in salvage causes, see Williams & Bruce, Adm. Practice, c. vi. (z) The W. F. Safford, Lush. 69; The Gustaf, Lush. 506; The Sabina, 7 Jurist, 182; The Coromandel, Swa. 208; The Att.-Gen. v. Norstedt, 3 Price, 136. See also The Cargo ex Galam, at p. 181, and supra, pp. 86, 242, 619, note (t). The (a) The County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71, Appendix, p. ccxcviii), s. 3, and Orders in Council of the 14th of Jan., 1869; the 31st of March, 1870; the 16th of May, 1871; the 16th of May, 1878. See Appendix, pp. 19-25. A County Court having admiralty jurisdiction has, under this section, jurisdiction to entertain a suit for distribution of salvage where the amount which the Court is asked to award does not exceed 3007., notwithstanding that the value of the property saved exceeds 1,0007. Glannibanta, 2 P. D. 45. As to costs where suits which might be brought in a County Court under the act are commenced in the Admiralty Division or Queen's Bench Division, see sect. 9, now impliedly repealed; Tenant v. Ellis, 6 Q. B. D. 46; Garnett v.. Bradley, 3 App. Cas. 944; Ex parte the Mercers Co., 10 Ch. D. 481. And as to appeals, see ss. 26-31. No appeal is to be allowed unless the amount awarded exceeds 501. See sect. 31; and The Falcon, 3 P. D. 100. As to the Admiralty jurisdiction conferred by the act on the Passage Court of Liverpool, see s. 25; The Dowse, L. R., 3 A. & E. 135; The Ganges, 5 P. D. 247. (b) See post, pp. 657, 658. and County Court judges receivers of and duties of wreck. |