this Ordinance the receiver shall act as follows; (that is to of payment say): (1.) If the same is due in respect of services rendered He shall detain such ship or boat and the (2.) If the same is due in respect of the saving of any He shall detain such wreck until payment But it shall be lawful for the receiver if at any time previously to the issue of such process security is given to his satisfaction for the amount of salvage due, to release from his custody any ship, boat, cargo, apparel, or wreck so detained by him as aforesaid. of salvage. claims exceed 34. In cases where the claim for salvage exceeds one Security hundred pounds it shall be lawful for the Court of Vice- where salvage Admiralty to determine any question that may arise con- £100. cerning the amount of security to be given or the sufficiency of the sureties; and in all cases where bond or other security is given to the receiver for an amount exceeding one hundred pounds it shall be lawful for the salvor or for the owner of the property salved, or their respective agents to institute proceedings in such last mentioned Court for the purpose of having the questions arising between them adjudicated upon, and the said Court may enforce payment of the said bond or other security in the same manner as if bail had been given in the said Court. sell property 35. Whenever any ship, boat, cargo, apparel, or wreck Receiver may is detained by any receiver for non-payment of any sums salved in case so due as aforesaid, and the parties liable to pay the same of non payment. Owner entitled to wreck on payment of fees and salvage. Delivery of wreck to owner. are aware of such detention, then, in the following cases, that is to say: (1.) In cases where the amount is not disputed, and payment thereof is not made within twenty days after the same has become due; (2.) In cases where the amount is disputed but no appeal lies from the first tribunal to which the dispute is referred, and payment thereof is not made within twenty days after the decision of such first tribunal; (3.) In cases where the amount is disputed and an The receiver may forthwith sell such ship, boat, cargo, the same. 36. Subject to the payment of such expenses, fees and salvage as aforesaid, the owner of any wreck who establishes his claim thereto to the satisfaction of the receiver within one year from the date at which such wreck has come into possession of the receiver, shall be entitled to have the same delivered up to him. any 37. Upon delivery of wreck or the proceeds of wreck by receiver to any person in pursuance of the provisions of this Ordinance, such receiver shall be discharged from all liability in respect thereof, but such delivery shall not be deemed to prejudice or affect any question concerning the right or title to the said wreck which may be raised by third parties. 38. Whenever any salvage question arises the receiver Valuer may of wreck for the district may, upon application from either be appointed. of the parties, appoint a valuer to value the property in respect of which the salvage claim is made, and shall when the valuation has been returned to him, give a copy of the valuation to both parties; and any copy of such valuation, purporting to be signed by the valuer, and to be attested by the receiver, shall be received in evidence in any subsequent proceedings; and there shall be paid in respect of such valuation by the party applying for the same, such fee as the Governor may direct. claimed for computed 39. If in the case of wreck found in any place within Salvage or the limits to which this Ordinance extends no claim shall wreck unbe notified to the receiver before the expiration of three three months months from the date at which such wreck has come into may be the possession of the receiver, the Governor may, at any and paid. time thereafter and before any claim is notified to the receiver, fix the amount of salvage and order the same to be paid to the salvors out of the net proceeds of the sale of the said wreck when sold in pursuance of the provisions of the said Ordinance; and the salvage so fixed and paid shall, as against the owners of the wreck and all other persons whomsoever, be deemed to be the proper amount of salvage and to have been duly paid. JURISDICTION OF THE VICE-ADMIRALTY COURT. of Vice vage claims. 40. Subject to the provisions of this Ordinance, the Jurisdiction Court of Vice-Admiralty shall have jurisdiction to decide Admiralty upon all claims whatsoever relating to salvage, whether the Court in salservices in respect of which salvage is claimed were performed upon the high seas, or within any district or partly in one place and partly in the other, and whether the wreck is found at sea or cast upon the land or partly in the sea and partly on land. UNCLAIMED WRECK. sold. 41. In the event of no owner establishing a claim to Unclaimed wreck found in any place within the limits to which this wreck to be Ordinance extends before the expiration of a year from the date at which the same has come into the possession of the receiver, such receiver shall forthwith sell the same, and after payment of all expenses attending such sale, and Plundering deducting therefrom his fees, and all expenses (if any) incurred by him, and paying to the salvors such amount of salvage as the Governor may in each case or by any general rule determine, pay the same into the Mercantile Marine Fund in such manner as the Treasury may direct. OFFENCES IN RESPECT OF WRECK. 42. Every person who does any of the following acts and obstruct (that is to say): ing the saving of shipwrecked property and secreting the same. Selling wreck in foreign ports. (1.) Wrongfully carries away or removes any part of (3.) Secretes any wreck, or obliterates or defaces any Shall in addition to any other penalty or punishment he may be subject to under this or any other Ordinance or law, for each offence incur a penalty not exceeding fifty pounds; and every person, not being a receiver or a person hereinbefore authorized to take the command in cases of ships being stranded or in distress, or not acting under the orders of such receiver or person, who without the leave of the master, endeavours to board any such ship or boat as aforesaid, shall for each offence incur a penalty not exceeding fifty pounds; and it shall be lawful for the master of such ship or boat to repel by force any such person so attempting to board the same. 43. If any person takes into any foreign port or port or place, any ship or boat stranded, derelict or otherwise in distress on or near the shore of the sea or of any tidal water situate within the limits to which this Ordinance extends, or any part of the cargo or apparel thereof, or any thing belonging thereto, or any wreck found within such limits as aforesaid, and there sells the same he shall be guilty of felony, and be subject to imprisonment with hard labour for a term not exceeding four years. DEALERS IN MARINE STORES AND MANUFACTURERS OF ANCHORS. served by 44. Every person dealing in, buying and selling Regulations anchors, cables, sails, or old junk, old iron, or marine torbed by stores of any description shall conform to the following dealers in regulations; (that is to say): (1.) He shall have his name together with the words If he does not he shall incur a penalty not exceeding twenty pounds: (2.) He shall keep a book, fairly written, and shall enter therein an account of all such marine If he does not he shall incur for the first (3.) He shall not by himself or his agents, purchase If he does so he shall incur for the first (4.) He shall not cut up any cable, or any similar article, If he does so he shall incur for the first marine stores. |