Pt. IX. 566-567. salvage is claimed is found on the sea or on the land, or partly on the sea and partly on the land. Appointment of receivers of wreck. [1854, ss. 2, 439.] (a) See s. 547 and note (e) thereto as to exclusive remedy by summary procedure in certain cases. (6) In England this jurisdiction of the High Court is assigned to the Probate, Divorce and Admiralty Division by rule 1 of the Rules of the Supreme Court (Merchant Shipping), 1894, for which see Appendix, p. 763. Appointment of Receivers of Wreck. 566. The Board of Trade shall have the general superintendence throughout the United Kingdom of all matters relating to wreck (a), and may, with the consent of the Treasury, appoint any officer of customs or of the coastguard, or any officer of inland revenue, or, where it appears to such Board to be more convenient, any other person, to be a receiver of wreck (in this Part of this Act referred to as a receiver), in any district, and to perform the duties of receiver under this Part of this Act, and shall give due notice of the appointment. (a) See also the general provisions of ss. 713 et seq. as to the control of the Board of Trade. Receivers' fees. Fees of Receivers of Wreck. 567.-(1.) There shall be paid to every receiver the expenses properly incurred by him in the performance of his duties, and [1854, s. 455 also, in respect of the several matters specified in the Twentieth -457.] Schedule to this Act, such fees not exceeding the amounts therein mentioned as may be directed by the Board of Trade, but a receiver shall not be entitled to any remuneration other than those payments. (2.) The receiver shall, in addition to all other rights and remedies for the recovery of those expenses or fees, have the same rights and remedies in respect thereof as a salvor has in respect of salvage due to him (a). (3.) Whenever any dispute arises in any part of the United Kingdom as to the amount payable to any receiver in respect of expenses or fees, that dispute shall be determined by the Board of Trade, and the decision of that Board shall be final. (4.) All fees received by a receiver in respect of any services performed by him as receiver shall be carried to and form part of the Mercantile Marine Fund (b), but a separate account shall be kept of those fees, and the moneys arising from them shall be applied in defraying any expenses duly incurred in carrying into effect this Act in such manner as the Board of Trade direct. (a) See s. 552, note (a). (b) Now to the Exchequer. See Merchant Shipping (Mercantile Marine Fund) Act, 1898, s. 1 (@). Pt. IX. c. 91, s. 20.] 568. (1.) Where services are rendered by any officers or 568-571. men of the coastguard service in watching or protecting ship- Remuneration wrecked property, then, unless it can be shown that those ser- for services by vices have been declined by the owner of the property or his coastguard. agent at the time they were tendered, or that salvage has been [18 & 19 Vict. claimed and awarded for those services, the owner of the property shall pay in respect of those services remuneration according to a scale to be fixed by the Board of Trade; and that remuneration shall be recoverable by the same means, and shall be paid to the same persons, and accounted for and applied in the same manner as fees received by receivers under the provisions of this Part of this Act (a). (2.) The scale fixed by the Board of Trade shall not exceed the scale by which remuneration to officers and men of the coastguard for extra duties in the ordinary service of the Commissioners of Customs is for the time being regulated. (a) See s. 567. Duties on Wreck. on wrecked 569.-(1.) All wreck (a), being foreign goods brought or Provisions as coming into the United Kingdom or Isle of Man, shall be sub- to duties, &c. ject to the same duties as if the same was imported into the United goods. Kingdom or Isle of Man respectively, and if any question arises [1851, 83. 499, as to the origin of the goods, they shall be deemed to be the 500.] produce of such country as the Commissioners of Customs may on investigation determine. (2.) The Commissioners of Customs and Inland Revenue shall permit all goods, wares, and merchandise saved from any ship stranded or wrecked on her homeward voyage to be forwarded to the port of her original destination, and all goods, wares, and merchandise saved from any ship stranded or wrecked on her outward voyage to be returned to the port at which the same were shipped; but those Commissioners shall take security for the due protection of the revenue in respect of those goods. (a) For definition of "wreck," see s. 510. Supplemental. 570. Any matter or thing which may be done under this Part of this Act by or to a justice of the peace, or a court of summary jurisdiction, may in Scotland be done by or to the sheriff of the county. 571. Nothing in this Part of this Act shall prejudice or affect any jurisdiction or powers of the Lord Warden or any officers Powers of Scotland. Saving for Cinque Ports. [1854, s. 460.] Pt. IX. 571. of the Cinque Ports or of any court of those ports or of any court having concurrent jurisdiction within the boundaries of these ports (a), and disputes as to salvage arising within those boundaries shall be determined in the manner in which they have been hitherto determined. (a)" Or of any court these ports."-These words are now inserted in accordance with the decision in The Jeune Paul (1867), 36 L. J. Ad. 11; L. R. 1 A. & E. 336. See also The Maria Luisa (1856), Swa. 67, and 1 & 2 Geo. IV. c. 76. Pt. X. 572-575. PART X.-PILOTAGE. For definitions of "pilot" and "Trinity House," see s. 742. Preliminary. of Part X. 572. This Part of this Act extends to the United Kingdom Application and the Isle of Man only, but applies to all ships British and foreign. The provisions re-enacted in this Part were extended to the Isle of Man by s. 12 of the Isle of Man Harbours Act, 1872 (35 & 36 Vict. c. 23), which is not repealed by this Act. [1854, s. 330; 35 & 36 Vict. c. 23, s. 12; 52 & 53 Vict. c. 68, s. 1.] 573. In this Act the expression "pilotage authority" includes Pilotage all bodies and persons authorised to appoint or license pilots or authority. to fix or alter rates of pilotage or to exercise any jurisdiction in [1854, s. 2.] respect of pilotage. Sub-commissioners appointed by the Trinity House and the Trinity Houses of Hull and Newcastle are not pilotage authorities. See s. 617, sub-s. (2); s. 632, sub-s. (3). authorities. 574. Every pilotage authority shall retain all powers and Continuance jurisdiction which they now lawfully possess, so far as the same of existing are consistent with the provisions of this Act; but no law pilotage relating to that authority, or to the pilots licensed by them, and [1854, s. 331.] no act done by that authority, shall, if inconsistent with any provision of this Act, be of any force whatever. Powers of Board of Trade as to Pilotage Districts and Authorities. of new pilotage authorities. 575.-(1.) The Board of Trade may by provisional order- Constitution (a.) in any area where there is no pilotage authority, constitute new pilotage authorities and districts; and (b.) extend the limits of any pilotage district by including [1862, s. 39; therein any area in which there is no pilotage 52 & 53 Vict. c. 68, s. 2.] authority. (2.) There shall be no compulsory pilotage and no restriction on the power of duly qualified persons to obtain licences as pilots in any new pilotage district constituted under this section, or in any area included in a pilotage district under this section. As to making and confirming provisional orders, see s. 580. For a list of pro Pt. X. 576-577. Transfer of pilotage jurisdiction. [1862, s. 39.] Direct representation of pilots, &c. on visional orders made and confirmed under the provisions of this and the repealed Acts as now in force corresponding to ss. 575–580, see periodical Pilotage Returns, printed as a Parliamentary paper. 576.-(1.) Whenever any pilotage authority residing or having their place of business at one port have or exercise jurisdiction in matters of pilotage in any other port, the Board of Trade may by provisional order (a.) transfer so much of the jurisdiction as concerns the lastmentioned port, either to any harbour authority or other body exercising any local jurisdiction in maritime matters at that port, or to any body to be constituted for the purpose by the provisional order, or (where the said pilotage authority is not the Trinity House) to the Trinity House; or (b.) transfer the whole or any part of the jurisdiction of the said pilotage authority to a new body to be constituted for the purpose by the provisional order, so as to represent the interests of the several ports concerned. (2.) For the purpose of any transfer under this section, the Board of Trade may by provisional order— (a.) incorporate the body to whom the transfer is made if it is a new body; (b.) make the body to whom the transfer is made a pilotage authority, with such powers as may be mentioned in the provisional order; (c) determine the limits of the district of the pilotage authority to whom the transfer is made; (d.) sanction a scale of pilotage rates to be taken by the pilots licensed by that authority; (e.) determine to what extent and under what conditions any pilots then already licensed by the pilotage authority from whom the transfer is made are to continue to act under the pilotage authority to whom the transfer is made; (f.) sanction arrangements for the apportionment of any pilotage funds belonging to the pilots licensed by the pilotage authority from whom the transfer is made, between the pilots remaining under the jurisdiction of that authority, and the pilots who are transferred to the jurisdiction of the authority to whom the transfer is made; (g.) provide for such compensation or superannuation as may be just to officers employed by the pilotage authority from whom the transfer is made, and not continued by the pilotage authority to whom the transfer is made. 577. The Board of Trade may by provisional order make provision or further provision for the direct representation of |
