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Reasonable
Salvage to be

allowed to Per-
sons saving

Carts, Carriages, or Servants, for the Purposes herein-before mentioned or any of them, by locking his Gates, or refusing upon Request to open the same, or otherwise, or shall obstruct or hinder the placing any such Plank, Timber, Part of a Wreck, Goods, Stores, or other Article upon his Land, Pier, Jetty, Wharf, or Landing Place, or shall prevent their remaining there for a reasonable Time until the same can be removed to some Warehouse or safe Place of public Deposit, such Owner or Occupier shall for every such Offence forfeit and pay any Sum not exceeding One hundred Pounds.

XIX. And be it enacted, That every Person (except Receivers under this Act) who shall act or be employed in any way whatsoever in the saving or preserving of any Ship or Vessel in disShips or Goods. tress, or of any Part of the Cargo thereof, or of the Life of any Person on board the same, or of any Wreck of the Sea, or of any Goods Jetsam, Flotsam, Lagan, or Derelict, or of any Anchors, Cables, Tackle, Stores, or Materials which may have belonged to any Ship or Vessel, whether the said Ship or Vessel shall have been in distress or otherwise, and whether such Person shall have so acted at the Request of or on Application by any Person in Authority, or by the Master or Owner of any Ship or Vessel, or otherwise, shall, within Fourteen Days after the Service so performed, or within Fourteen Days after the Owner or any other Person shall have established his Claim to any such Article as aforesaid, be paid a reasonable Reward or Compensation by way of Salvage for such Service, by the Commander, Master, or other superior Officer, Mariners, or Owner of the said Ship or Vessel, or their Agent, or by the Merchant whose Ship, Vessel, or Cargo shall be so saved as aforesaid, or by the Owner of the other Articles herein-before mentioned, or other Person claiming the same; and in default thereof the said Ship or Vessel, or any Part of the Cargo remaining on board thereof, so saved as aforesaid, shall remain in the Custody of the High Court of Admiralty, and the said Goods or other Article (and also, until Warrant issued from the High Court of Admiralty, the said Ship, Vessel, or Cargo,) shall remain in the Custody of the Receiver or Officer of the Customs until the Person so acting or employed in the Preservation of such Ship or Vessel, Goods or other Article as aforesaid, shall have been reasonably compensated for his said Assistance and Trouble, or reasonable Security given for that Purpose to the Satisfaction of the said Receiver or Officer of the Customs, or High Court of Admiralty: Provided always, that every Receiver who shall act or be employed in the saving or preserving of any Ship or Vessel in distress which shall not become a Droit of Admiralty shall be entitled to receive from the Owner thereof the Sum of Two Pounds for the first Day, and the further Sum of One Pound for every subsequent Day on which he shall be employed in the said Service, if the said Ship or Vessel, together with the Cargo thereof, shall be of or above the Value of Six hundred Pounds, and the said Receiver shall be entitled to a Moiety of such respective Sums if the said Ship and Cargo shall be under the Value of Six hundred Pounds; and the said Ship or Vessel shall be so detained as aforesaid until such Sums shall have been paid to the said Receiver. 8

Proviso.

XX. And

Rules for regu lating Salvage, in certain Cases.

If Owners and Salvors disagree respecting Salage, Two Jus

tices, or a Person nominated

XX. And be it enacted, That it shall be lawful for the said Receiver GeneReceiver General to make Rules, and vary and alter the same, ral may make from Time to Time, as he may think proper, for regulating the Rate of Salvage to be paid by the Receivers when any Ship, Vessel, Boat, Apparel, Anchor, Cable, Tackle, Stores, Materials, Goods, Merchandize, or other Article whatsoever shall not be proved to belong to any Owner or other Person, and shall be sold as Droits of Admiralty in manner herein-before directed. XXI. And be it enacted, That if any Person shall have rendered any Service (except ordinary Pilotage) in the saving or preserving of any Ship or Vessel in distress, or of the Cargo thereof, or of the Life of any Person on board the same, or of any Wreck of the Sea, Goods or other Article herein-before mentioned, which shall not become Droits of Admiralty, and by them, may the said Person, and the Master or Owner of such Ship or Vessel, determine the or his Agent, or the Owner of such Article, or his Agent, cannot same. agree upon the Amount of Salvage or Compensation to be paid in respect of such Service, then such Person shall deliver to such Master, Owner, or Agent a Statement in Writing, without Prejudice to either Party, of the Amount of Salvage or Compensation claimed for such Services, and (unless such Salvage shall have been already paid by any Receiver under the Powers herein-before contained, or the Claim thereto shall exceed the Sum of Two hundred Pounds,) the Matter or Difference may be determined by any Two Justices of the Peace residing at or near to the Place where such Service has been rendered, within Forty-eight Hours after such Difference shall be referred to them for their Determination thereof, and if they cannot agree respecting the same then it shall be lawful for them to nominate any Third Person conversant in maritime Affairs, at their Option, who shall ascertain the Amount of Salvage to be paid within Forty-eight Hours after he shall be so nominated as aforesaid; and the said Justices and such Third Person so nominated as aforesaid shall have full Power and Authority, whenever they see Occasion, to examine the Parties or their Witnesses upon Oath, which Oath they or any One of them are and is hereby authorized to administer; and it shall be lawful for the Person so to be nominated by the said Justices, who shall decide on the Amount of Salvage to be paid as aforesaid, to demand and receive of and from the Owner of the Ship or Vessel aforesaid, or of the Article so saved as aforesaid, or of the Salvors or their respective Agents, a Sum of Money not exceeding Two Pounds Two Shillings; and such Owner or his Agent, or such Salvors, at the Discretion of the said Justices or Person appointed by them as aforesaid, are hereby required to pay the same to the Person so nominated as aforesaid immediately after he shall have made his Award or Decision, and such Sum of Two Pounds Two Shillings, and such Amount of Salvage, may be recovered as any Penalty imposed by this Act: Provided always, that when the Šalvage Claim shall exceed the Sum of Two hundred Pounds, then and in every such Case the said Matter or Difference shall, in the event of no such Agreement being made as aforesaid, either by Reference to Arbitration or otherwise, be determined exclusively by the High Court of Admiralty.

XXII. And

Admiralty may

to determine Differences

where they think fit, and appoint Secretary, &c.

XXII. And be it enacted, That it shall be lawful for the Comappoint Salvage missioners of Admiralty to nominate and appoint, in such Ports or Commissioners Towns and for such Districts as in their Discretion they may think fit, Three or more proper Persons for each Port, Town, or District respectively, to be called Commissioners of Salvage, who, or any Three or more of them, shall have Power to adjust and determine any Difference respecting Salvage in the same Manner and in such Cases as the Justices herein-before in that respect mentioned, and also to nominate and appoint a proper Person to act as Secretary or Registrar to the said Commissioners, and which Secretary or Registrar shall enter in a Book kept for that Purpose all the Proceedings of such Commissioners, and also a Copy of the Awards which they shall have Commissioners from Time to Time made; and the said Commissioners of empowered to Salvage, or any Three or more of them, shall have the Powers examine on of examining on Oath, and all other the same Power and Authorities as are herein-before given to the said Justices, and to the Person to be by them nominated as aforesaid; and such Commissioners of Salvage, or any Three or more of them, who shall decide in any such Case as aforesaid, and their Secretary or Registrar, may and they are hereby authorized to demand of and from the Owner of any Ship or Vessel or of any Article against whom any Person may make any Claim or Demand for Service rendered on preserving the same, and such Owner or Salvors is and are hereby required to pay, such Fee or Reward for deciding on every such Claim as shall be regulated and appointed in that Behalf by the Commissioners of the Treasury; and the said Commissioners of Salvage, or any Three or more of them, shall have the Power to commit for Contempt.

Oath.

Parties dissatisfied may

appeal to High

Court of Admiralty, and Goods to be restored to Owners, Oil giving Bail.

XXIII. And be it enacted, That in case any Person so claiming to be entitled to Salvage or Compensation for Services rendered as aforesaid, or the Person against whom such Claim is made, or his Agent, shall be dissatisfied with such Award and Decision of the said Justices or Person so to be nominated by them as aforesaid, or of the said Commissioners of Salvage, it shall be lawful for either of them respectively, within Ten Days after such Award shall have been made, but not afterwards, to notify to such Justices, or to the said Commissioners of Salvage, as the Case may be, his Desire of obtaining the Judgment of the High Court of Admiralty respecting the said Salvage or Compensation, and thereupon such Person shall forthwith proceed by taking out a Monition within Thirty Days from the Date of such Award; but in such Case the Receiver or Officer of the Customs in whose Custody the Ship, Vessel, Goods, or other Article in respect of which such Claim of Salvage has been made shall have been detained as aforesaid is hereby required and empowered to release such Ship or Vessel, and to deliver to the Owner or Proprietor, or his Agent, such Goods or other Article, upon the said Owner or Proprietor or his Agent giving good and sufficient Bail in Double the Amount of the Sum awarded for Salvage or Compensation, or if no Sum shall have been so awarded, then to such Amount as the said Receiver shall deem sufficient, and which Bail the said Receiver is hereby authorized to take and certify according to the Form contained in the Sche

dule (A.) hereunto annexed, and transmit the same without Delay to the said Receiver General, together with a true Certificate in Writing of the gross Value of the Article respecting which Salvage shall be claimed, and also a Copy of such Proceedings and Award, on unstamped Paper, certified under the Hand of the said Receiver taking such Bail as aforesaid, and the same shall be admitted by the said Court of Admiralty as Evidence in the Cause; and the said Receiver shall for every such Certificate be entitled to receive from the Owner of such Ship or Vessel, Goods or other Article, or his Agents, or from the Proceeds of the Sale thereof, the Sum of One Pound One Shilling.

XXIV. Provided always, and it is hereby enacted, That after any such Award has been made, either by the said Justices or Person nominated by them, or by the said Commissioners of Salvage as aforesaid, and the Owner of such Ship or Vessel, Goods or other Article, in respect of which such Award of Salvage is made, or his Agent, shall refuse or neglect either to pay the same, or to give Notice of such Appeal, or to take out such Monition as aforesaid, it shall be lawful for the Receiver, at or nearest to the Place where such Award has been made, and he is hereby required, within Twenty Days after the making of the said Award, and on Production of the same, to sell the Property contained in such Ship or Vessel, or the said Goods or other Articles, as the Case may be, or such and so many of the same as in his Opinion will be sufficient to defray the Salvage, and the Costs and Charges relating thereto, paying the Surplus, if any, to the Owner or Owners thereof: Provided also, that in all Cases which shall be decided by any Justices of the Peace, or their Nominee, or by the said Commissioners of Salvage, the High Court of Admiralty shall only have Jurisdiction as a Court of Appeal, in accordance with the Provisions of this Act, or for the Purpose of enforcing Payment of the Sum awarded.

Receiver, where

Award by Commissioners of Salvage has been made, empow

ered to sell Ship or Goods, &c. in case of Re

fusal of Owner
to comply with

Terms of
Award, or of
Neglect to

appeal.

or Justices to appoint, to whom Salvage to be paid for Distribution between Two or more Persons.

XXV. And be it enacted, That whenever any Sum to be Commissioners paid for any such Services as aforesaid, either voluntarily or in consequence of any Agreement, or of any Arbitration, or of any Award made by any such Justices or by the said Commissioners of Salvage as aforesaid, or, within the Jurisdiction of the Cinque Ports, by any Commissioners, shall be distributable between Two or more Persons, such Sum shall be paid to such Person as shall be appointed by the Justices or Commissioners in and by their Award, or by the Arbitrator making any Award, or under any Agreement which may have been made, or in default of any such Appointment, then to the Master or Owner of the Boat, Ship, or Vessel having rendered the Services, or his Agent, or to some Person nominated in Writing by or on behalf of the Majority of

the Persons among whom such Sum is distributable; and every Duties of DisPerson to whom any such Sum shall be paid shall, within Three tributor. Days after the same shall have been paid, or as soon after as may be, proceed to make Allotment thereof among the several Persons interested in the Distribution thereof, and to give Notice in the Form contained in the Schedule (B.) to this Act annexed to each Person of the whole Sum so paid, and of the Share thereof allotted to him; and within Thirty Days after the Sum In case of Delay shall have been so paid, or within Twenty-eight Days after such or Injustice,

[blocks in formation]

Notice aggrieved

Parties to apply Notice shall have been given, and not afterwards, it shall be to Justices or lawful for any Person claiming a Share of the said Sum who shall Commissioners, think himself aggrieved, either by no Allotment having been

or to High Court of Admiralty.

After Sum awarded for

Salvage Services shall have been paid, Persons feeling aggrieved by In sufficiency of Share precluded from enforcing Claim against Ship, &c. to which Services were rendered.

made, or by no Notice thereof having been given to him within Ten Days after the Sum shall have been so paid, or by the Insufficiency of the Share allotted to him, or otherwise, to apply, if the Share so allotted, or, if no Share shall be so allotted, then if the Share claimed by him shall be under Twenty Pounds, to the Justices or Commissioners who may have determined such Salvage Case, or within whose Jurisdiction such Salvage Case may have occurred, who shall have full Power to adjudge the due Distribution of the Sum so paid as aforesaid, and the Shares of the different Parties entitled thereto, which Shares may then be recovered from the Person to whom such Sum shall have been so paid, in like Manner as is hereby provided for the Recovery of any Penalty under this Act; and if the Share which shall be so allotted, or, if no Share has been allotted, which shall be so claimed by the Person so thinking himself aggrieved as aforesaid, shall amount to Twenty Pounds, then it shall be lawful for such Person, within the said Term of Thirty Days or the said Term of Twenty-eight Days (but not afterwards), to apply to the Judge of the High Court of Admiralty, or his Surrogate, for a Monition against the Person to whom the said Sum has been so paid as aforesaid, to bring the said Sum or any Part thereof which shall appear not to have been duly distributed, into the Registry of the said Court, and appear, and abide the Judgment of the said Court concerning the Distribution thereof; and the Judge of the said Court, or his Surrogate, shall, on due Cause shown, issue such Monition, and the said Court shall have Jurisdiction to enforce the same, and to adjudge the due Distribution of such Sum accordingly; and in the Case of an Award the Person by whom such Award shall have been made shall, upon Monition, send in without Delay to the said Court a Copy of the Proceedings before him, and of the Award, on unstamped Paper, witnessed under his Hand, and the same shall be admitted by the Court as Evidence in the Cause; and the Amount so awarded, or such Part as shall appear not to have been duly distributed, shall be paid to the Parties suing out such Monition, or distributed according to the Judgment of the said Court.

XXVI. And be it enacted, That whenever it shall appear that any Sum which has been awarded or voluntarily agreed to be paid for Salvage Services shall have been duly paid by the Master' or Owner of any Ship, Vessel, or Goods to which such Service shall have been so rendered, or his Agent, to the Appointee of the Justices or Commissioners or of the Arbitrator making any Award, or under any Agreement, or in default of such Appointment to the Master or Owner of the Boat, Ship, or Vessel having rendered such Services, or to the Person nominated as aforesaid, as the Case may be, then and in every such Case any Person claiming any Share in such Sum who may think himself aggrieved by the Insufficiency of the Share allotted to him, or otherwise, shall be precluded from enforcing such Claim against the Ship, Vessel, or Goods to which such Services shall have been rendered, or the Owner thereof: Provided always, that any Party who shall claim

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