Obrázky stránek
PDF
ePub

Merchant Shipping (Part VIII. Wreck and Salvage.)

And such Receiver or Justice shall take the Examination down in Writing, and shall make Two Copies of the same, of which he shall send One to the Board of Trade, and the other to the Secretary of the Committee for managing the Affairs of Lloyd's in London, and such last-mentioned Copy shall be placed by the said Secretary in some conspicuous Situation for the Inspection of Persons desirous of examining the same; and for the Purposes of such Examination every such Receiver or Justice as aforesaid shall have all the Powers given by the First Part of this Act to Inspectors appointed by the Board of Trade.

Appointment and Duties of Receivers.

of Examina

CCCCXLIX. Any Examination so taken in Writing as Original or aforesaid, or a Copy thereof, purporting to be certified under certified Copy the Hand of the Receiver or Justice before whom such Exa- tion to be mination was taken, shall be admitted in Evidence in any prima facie Court of Justice, or before any Person having by Law or by Evidence. Consent of Parties Authority to hear, receive, and examine Evidence, as prima facie Proof of all Matters contained in such written Examination.

CCCCL. The following Rules shall be observed by any Rules to be Person finding or taking possession of Wreck within the observed by United Kingdom; (that is to say,)

(1.) If the Person so finding or taking possession of the same is the Owner, he shall as soon as possible give Notice to the Receiver of the District within which such Wreck is found, stating that he has so found or taken possession of the same; and he shall describe in such Notice the marks by which such Wreck is distinguished:

(2.) If any Person not being the Owner finds or takes possession of any Wreck, he shall as soon as possible deliver the same to such Receiver as aforesaid:

And any Person making default in obeying the Provisions of this Section shall incur the following Penalties; (that is to say,)

(3.) If he is the Owner and makes default in performing the several Things the Performance of which is hereby imposed on an Owner, He shall incur a Penalty not exceeding One hundred Pounds:

(4.) If he is not the Owner and makes default in performing the several Things, the Performance of which is hereby imposed on any Person not being an Owner,

He shall forfeit all Claim to Salvage;

Persons finding Wreck.

He

Appointment and Duties of Receivers.

Power for
Receivers to
seize concealed
Wreck.

Notice of
Wreck to be

Merchant Shipping (Part VIII. Wreck and Salvage.)

He shall pay to the Owner of such Wreck, if the same is claimed, but if the same is unclaimed then to the Person entitled to such unclaimed Wreck, double the Value of such Wreck (such Valne to be recovered in the same Way as a Penalty of like Amount); and

He shall incur a Penalty not exceeding One hundred
Pounds.

CCCCLI. If any Receiver suspects or receives Information that any Wreck is secreted or in the Possession of some Person who is not the Owner thereof, or otherwise improperly dealt with, he may apply to any Justice of the Peace for a Warrant, and such Justice shall have Power to grant a Warrant, by virtue whereof it shall be lawful for the Receiver to enter into any House or other Place wherever situate, and also into any Ship or Boat, and to search for, and to seize and detain any such Wreck as aforesaid there found; and if any such Seizure is made in consequence of Information that may have been given by any Person to the Receiver, the informer shall be entitled by way of Salvage to such Sum not exceeding in any Case Five Pounds as the Receiver may allow.

CCCCLII. Every Receiver shall within Forty-eight Hours given by Re- after taking possession of any Wreck cause to be posted up in

ceiver.

Goods deemed

the Custon Horse of the Port nearest to the Place where such Wreck was found or seized a Description of the same and of any Marks by which it is distinguished, and shall also, if the Value of such Wreck exceeds Twenty Pounds, but not otherwise, transmit a similar Description to the Secretary of the Committee of Lloyd's aforesaid; and such Secretary shall post up the Description so sent, or a Copy thereof, in some conspicuous Place, for the Inspection of all Persons desirous of examining the same.

CCCCLM. In Cases where any Wreck in the Custody of perishable or of small Value any Receiver is under the Value of Five Pounds, or is of so may be sold perishable a Nature or so much damaged that the same cannot, immediately. in his Opinion, be advantageously kept, or if the Value thereof is not sufficient to defray the Charge of warehousing, the Receiver may sell the same before the Expiration of the Pericd herein-after mentioned, and the Money raised by such Sale, after defraying the Expenses thereof, shall be held by the Receiver for the same Purposes and subject to the same Claims for and to which the Article sold would have been held and liable if it had remained unsold.

In Cases where any

CCCCLIV. In Cases where any Admiral, Vice-Admiral, Lord of the Manor, or other Person is entitled for his own Use

to

Merchant Shipping (Part VIII. Wreck and Salvage.)

Appointment ant Duties of Receivers.

titled to un

to unclaimed Wreck found on any Place situate within a Lord of the District for which a Receiver is appointed, such Admiral, Manor orother Vice-Admiral, Lord of the Manor, or other Person shall Person is endeliver to such Receiver a Statement containing the Particulars claimed of his Title, and the Address to which Notices are to be sent; Wreck, Reand upon such Statement being so delivered, and Proof made ceiver to give to the Satisfaction of the Receiver of the Validity of such Title, it shall be his Duty, whenever he takes possession of any Wreck found at any such Place, to send within Forty-eight Hours thereafter a Description of the same and of any Marks by which it is distinguished, directed to such Address as

aforesaid.

Notice to him.

Receiver.

CCCCLV. There shall be paid to all Receivers appointed Payments to under this Act the Expenses properly incurred by them in the be made to Performance of their Duties, and also in respect of the several Matters specified in the Table marked V. in the Schedule hereto, such Fees, not exceeding the Amounts therein mentioned, as may from Time to Time be directed by the Board of Trade; and the Receiver shall have the same Lien and be entitled to the same Remedies for the Recovery of such Expenses and Fees as a Salvor has or is entitled to in respect of Salvage due to him; but, save as aforesaid, no Receiver appointed under this Act shall as such, be entitled to any Remuneration whatsoever.

CCCCLVI. Whenever any Dispute arises in any part of the Disputes as to United Kingdom as to the Amount payable to any Receiver in Sanis payable respect of Expenses or Fees, such Dispute shall be determined to Receiver to by the Board of Trade, whose Decision shall be final.

be determined by Board of Trade.

Application of

CCCCLVII. All Fees received by any Receiver appointed under this Act, in respect of any Services performed by him as Fees. Receiver, shall be carried to and form Part of the Mercantile Marine Fund, and a separate Account thereof shall be kept, and the Monies arising therefrem shall be applied in defraying any Expenses duly incuried in carrying into effect the Purposes of the Eighth Part of this Act, in such Manner as the Board of Trade directs.

Salvage in the United Kingdom.

CCCCLVIII. In the following Cases, (that is to say,)

Salvage in the United Kingdom.

Salvage in res

pect of Ser

Whenever any Ship or Boat is stranded or otherwise in vices rendered
Distress on the Shore of any Sea or Tidal Water situate in the United
within the Limits of the United Kingdom, and Services
are rendered by any Person,

(1.) In assisting such Ship or Boat;

(2.)

Kingdom.

Salvage in the United Kingdom.

Salvage for

Life may be paid by Board of Trade

out of Mercan

tile Marine Fund.

Disputes as to Salvage how to be settled.

Merchant Shipping (Part VIII. Wreck and Salvage.)

(2.) In saving the Lives of the Persons belonging to such Ship or Boat;

(3.) In saving the Carge or Apparel of such Ship or Boat, or any Portion thereof;

And whenever any Wreck is saved by any Person other than a Receiver within the United Kingdom;

There shall be payable by the Owners of such Ship or Boat,
Cargo, Apparel, or Wreck, to the Person by whom such
Services or any of them are rendered or by whom such Wreck
is saved, a reasonable Amount of Salvage, together with all
Expenses properly incurred by him in the Performance of such
Services or the saving of such Wreck, the Amount of such
Salvage and Expenses (which Expenses are herein-after in-
cluded under the Term Salvage) to be determined in case of
Dispute in manner herein after mentioned.

CCCCLIX. Salvage in respect of the Preservation of the Life or Lives of any Person or Persons belonging to any such Ship or Boat as aforesaid shall be payable by the Owners of the Ship or Boat in priority to all other Claims for Salvage; and in Cases where such Ship or Boat is destroyed, or where the Value thereof is insufficient, after payment of the actual Expenses incurred, to pay the Amount of Salvage due in respect of any Life or Lives, the Board of Trade may in its Discretion award to the Salvors of such Life or Lives out of the Mercantile Marine Fund such Sum or Sums as it deems fit, in whole or part Satisfaction of any Amount of Salvage so left unpaid in respect of such Life or Lives.

CCCCLX. Disputes with respect to Salvage arising within the Boundaries of the Cinque Ports shall be determined in the Manner in which the same have hitherto been determined; but whenever any Dispute arises elsewhere in the United King dom between the Owners of any such Ship, Boat, Cargo, Apparel, or Wreck as aforesaid, and the Salvors, as to the Amount of Salvage, and the Parties to the Dispute cannot agree as to the Settlement thereof by Arbitration of otherwise,

Then, if the Sum claimed does not exceed Two hundred
Pounds,

Such Dispute shall be referred to the Arbitration of any
Two Justices of the Peace resident as follows; (that is
to say,)

In case of Wreck, resident at or near the Place where such Wreck is found:

Merchant Shipping (Part VIII. Wreck and Salvage.)

In case of Services rendered to any Ship or Boat, or to
the Persons, Cargo, or Apparel belonging thereto,
resident at or near the Place where such Ship or Boat
is lying, or at or near the First Port or Place in the
United Kingdom into which such Ship or Boat is
brought after the Occurrence of the Accident by rea-
son whereof the Claim to Salvage arises :

But if the Sum claimed exceeds Two hundred Pounds,

Such Dispute may, with the Consent of the Parties, be
referred to the Arbitration of such Justices as afore-
said, but if they do not consent shall in England be
decided by the High Court of Admiralty of England,
in Ireland by the High Court of Admiralty of Ireland,
and in Scotland by the Court of Session; subject to
this Proviso, that if the Claimants in such Dispute do
not recover in such Court of Admiralty or Court of
Session a greater Sum than Two hundred Pounds,
they shall not, unless the Court certifies that the Case
is a fit one to be tried in a Superior Court, recover
any Costs, Charges, or Expenses incurred by them in
the Prosecution of their Claim:

And every Dispute with respect to Salvage may be heard and adjudicated upon on the Application either of the Salvor or of the Owner of the Property salved, or of their respective Agents.

Salvage in the United Kingdom.

CCCCLXI. Whenever in pursuance of this Act any Dispute Manner in as to Salvage is referred to the Arbitration of Two Justices, which Justices they may either themselves determine the same, with Power may decide Disputes. to call to their Assistance any Person conversant with Maritime Affairs as Assessor, or they may if a Diflerence 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; and such Justices or their Umpire shall make an Award as to the Amount of Salvage payable, within the following Times, that is to say, the said Justices within Forty-eight Hours after such Dispute has been referred to them, and the said Umpire within Forty-eight Hours after his Appointment, with Power nevertheless for such Justices or Umpire by Writing under their or his Hands or Hand to extend the Time within which they and he are hereby respectively directed to make their or his Award.

CCCCLXII. There shall be paid to every Assessor and Costs of Umpire who may be so appointed as aforesaid in respect of his Arbitration. Services such Sum not exceeding Five Pounds as the Board

of

« PředchozíPokračovat »