Sivut kuvina

Notice of wreck to be given by receiver.

Power to seize con

17. If any receiver suspects or receives information that cealed wreck. 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 District Commissioner for a warrant and such District Commissioner 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 Governor may allow.

Certain goods may be sold at once.

Payments to receiver.

unclaimed wreck, double the value of such wreck (such value to be recovered in the same way as a penalty of like amount ;) and

He shall incur a penalty not exceeding one hundred pounds.

18. Every receiver shall within forty-eight hours after taking possession of any wreck cause to be posted up in the custom house 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 to the agent for Lloyd's of the district in which such wreck occurs.

19. In cases where any wreck in the custody of any receiver is under the value of five pounds or is of so perishable a nature or so much damaged that the same cannot 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 period hereinafter 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.

20. There shall be paid to all receivers under this Ordinance the expenses properly incurred by them in the performance of their duties, and also in respect of the

several matters specified in the table in the Schedule hereto, such fees not exceeding the amounts therein mentioned, as may from time to time be directed by the Governor; 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 shall as such be entitled to any remuneration whatsoever.

21. Whenever any dispute arises as to the amount Disputes as payable to any receiver in respect of expenses or fees such to payments. dispute shall be determined by the Governor whose decision shall be final.

of fees.

22. All fees received by any receiver in respect of any Application services performed by him as receiver shall be carried to and form part of the general revenue of the Colony.


23. In the following cases, (that is to say): Whenever any ship or boat is stranded or otherwise in distress on the shore of any sea or tidal water situate within the limits to which this Ordinance extends, and services are rendered by any person,

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(1.) In assisting such ship or boat;

(2.) In saving the lives of the persons belonging to
such ship or boat;

(3.) In saving the cargo 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 limits to which this Ordinance

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 per-
formance of such services or the saving of such wreck, the
amount of such salvage and expenses (which expenses are
hereinafter included under the term salvage) to be de-
termined in case of dispute in
dispute in manner


Salvage for saving life.

Disputes as to salvage.

24. Salvage in respect of the preservation of the life of any person 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, the Governor may in his discretion award to the salvors of such life out of the revenue of the Colony, such sum as he deems fit in whole or part satisfaction of any amount of salvage so left unpaid in respect of such life.

25. Whenever any dispute arises 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 or otherwise,

Then if the sum claimed does not exceed one hundred pounds such dispute shall be referred to the arbitration of any District Commissioner resident as follows; (that is to say,)

In case of wreck, resident at or near the place where such wreck is found;

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 into which such ship or boat is brought after the occurrence of the accident by reason whereof the claim to salvage arises;

But if the sum claimed exceeds one hundred pounds; Such dispute may with the consent of the parties be referred to the arbitration of such District Commissioner as aforesaid, but if they do not consent, shall be decided by the ViceAdmiralty Court, subject to this proviso, that if the claimants in such dispute do not recover a greater sum than one 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 salyage 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.

26. Whenever in pursuance of this Ordinance any Arbitration dispute as to salvage is referred to the arbitration of a by District District Commissioner, he may himself determine the sioner. same, or may call to his assistance any person conversant with maritime affairs as assessor; and such District Commissioner shall make an award as to the amount of salvage payable within forty-eight hours after such dispute has been referred to him, with power nevertheless for such District Commissioner by writing under his hand to extend the time within which he is hereby directed to make his award.

And such District Commissioner shall transmit to the District Commissioner of the district in which the arbitration is held for the purpose of being filed the proceedings had before him and the award made by him together with his certificate in writing of the value of the articles respecting which salvage is claimed.


27. There shall be paid to every assessor who may be so Costs of appointed as aforesaid, in respect of his services such sum not exceeding five pounds as the Governor may from time. to time direct, and all the costs of such arbitration, including any such payments as aforesaid, shall be paid by the parties to the dispute in such manner and in such shares and proportions as the said District Commissioner may direct by his award.

District Commissioner in

28. The said District Commissioner may call for the Powers of production of any documents in the possession or power of either party, which he may think necessary for deter- arbitrations. mining the question in dispute, and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose.


29. If any person is aggrieved by the award made by Appeal to such District Commissioner as aforesaid he may appeal to ralty Court. the Court of Vice-Admiralty, but no such appeal shall be allowed unless the sum in dispute exceeds fifty pounds, nor unless the appellant proceeds to take out a monition or to take such other proceedings as according to the practice

to be

Copy of pro30. Whenever any appeal is made in manner hereinbetransmitted to fore provided, the District Commissioner shall cause to be Appeal Court. transmitted to the proper officer of the Court of Appeal, a copy, certified under his hand to be a true copy, of the proceedings had before such District Commissioner, and of the award so made by him, accompanied with his certificate in writing of the gross value of the articles respecting which salvage is claimed, and such copy and certificate shall be admitted in the Court of Appeal as evidence in the cause.

Dispute as to apportionment of salvage.


ment of


of the Court of Appeal is necessary for the institution of an appeal, within twenty days from the date of the



31. Whenever the aggregate amount of salvage payable in respect of salvage services has been finally ascertained either by agreement or by the award of such District Commissioner, but a dispute arises as to the apportionment thereof amongst several claimants, then if the amount does not exceed one hundred pounds, it shall be lawful for the party liable to pay the amount so due to apply to the receiver of the district for liberty to pay the amount so ascertained to him; and he shall, if he thinks fit, receive the same accordingly, and grant a certificate under his hand, stating the fact of such payment and the services in respect of which it is made; and such certificate shall be a full discharge and indemnity to the person or persons to whom it is given and to their ship, boats, cargo, apparel, and effects, against the claims of all persons whomsoever in respect of the services therein mentioned; but if the amount exceeds one hundred pounds it shall be apportioned in manner hereinafter mentioned.

32. Upon the receipt of any such amount as aforesaid the receiver shall with all convenient speed proceed to distribute the same among the several persons entitled thereto, upon such evidence and in such shares and proportions as he thinks fit, with power to retain any moneys that may appear to him to be payable to any absent parties; but any distribution made in pursuance of this section shall be final and conclusive against the rights of all persons claiming to be entitled to any portion of the moneys so distributed.

33. Whenever any salvage is due to any person under

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