By sect. 458,-whenever any ship or boat is stranded or otherwise 17 & 18 Vict. in distress on the shore of any sea or tidal water situate within the c. 104. limits of the United Kingdom, and services are rendered by any person, (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 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 included under the term salvage) to be determined in case of dispute in manner herein mentioned. By sect. 459, salvage for life is to have priority of other claims, and in certain cases may be paid by board of trade out of Mercantile Marine Fund. [The 24 Vict. c. 10, s. 9, extends these provisions to salvage for life from British ships or boats wheresoever the services are rendered, and from foreign ships or boats where the services are rendered, wholly or partly in British waters, and see 25 & 26 Vict. c. 63, s. 49, Note 203, infra.] By sect. 460, disputes with respect to salvage arising within the boundaries of the cinque ports are to be determined in the manner in which they have hitherto been determined;-but whenever any dispute arises elsewhere in the United Kingdom between the owners of any ship, boat, cargo, apparel or wreck, and the salvors, as to the amount of salvage, and the parties cannot agree as to the settlement thereof by arbitration or otherwise, if the sum claimed does not exceed 2007., such dispute shall be referred to the arbitration of any two justices of the peace resident as follows:-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 in the United Kingdom into which such ship or boat is brought after the occurrence of the accident by reason whereof the claim to salvage arises, [and is not recoverable by action; see Atkinson v. Woodall, 31 L. J. (N. S.) M. C. 174; 6 Law T., N. S. 361]:-but if the sum claimed [antecedently to any proceedings; The William and John, 32 L. J. (N. S.) M. C. 163; 8 Law T., N. S. 56] exceeds 2007., the dispute may, with consent, be referred also to such justices, or otherwise by the Court of Admiralty [see 25 & 26 Vict. c. 104. 17 & 18 Vict. c. 63, s. 49, Note 203, infra];—and every such dispute 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. By sect. 461, the justices may either themselves determine the dispute, with power to call to their assistance any person conversant with maritime affairs as assessor;-or they may, if a difference 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, viz.,-the justices within forty-eight hours after such dispute has been referred to them, and the umpire within forty-eight hours after his appointment,-with power nevertheless for them, by writing under their or his hand, to extend that time. The costs of the arbitration are to be paid in such manner and proportions as the justices or umpire shall direct in the award (s. 462). The justices or umpire may call for documents and administer oaths (s. 463). 203 Appeal.] An appeal is given against the award to the Court of Admiralty (s. 464; see The Mary Ann, 12 Law T., N. S. 238), when a copy of the justices' proceedings are to be transmitted to the court (s. 465). Payment and Apportionment of Salvage.] This duty rests with the receiver of the district (see ss. 466-470), or with the courts having admiralty jurisdiction (s. 498). See 31 & 32 Vict. c. 71, and 203 These provisions as to the summary jurisdiction of two justices have been extended and amended by "The Merchant Shipping Act Amendment Act, 1862," 25 & 26 Vict. c. 63, s. 49, which enacts, that they shall be amended as follows; (that is to say,) (1) Shall extend to all cases in which the value of the property saved does not exceed 1,0007., as well as to the cases provided for by the 17 & 18 Vict. c. 104: (2) Shall be held to apply whether the salvage service has been rendered within the limits of the United Kingdom or not: (3) One of her Majesty's principal secretaries of state may appoint out of the justices for any borough or county a rota of justices by whom jurisdiction in salvage cases shall be exercised: (4) When no such rota is appointed, the salvors, by writing addressed to the justices' clerk, may name one justice, and the owner of the property saved in like manner, name the other: (5) If either party fails to name a justice within a reasonable time, the case may be tried by two or more justices at petty sessions: (6) Any stipendiary magistrate, and also....any county court judge,....may exercise the same jurisdiction in salvage cases as is given to two justices: (7) One of her Majesty's principal secretaries of state may determine a scale of costs to be awarded in salvage cases by any justices or court: (8) All the provisions of the 17 & 18 Vict. c. 101, relating to summary proceedings in salvage cases, and to the prevention of unnecessary appeals in such cases, shall, except so far as the same are altered by this act, extend and apply to all such proceedings, whether under that act or this act, or both. "Formulist," 6th ed. pp. 963, 964, for forms of application to justices to Vide Oke's adjudicate on dispute, summons and award of justices. As to salvage services rendered by her Majesty's ships, see sects. 484–496. 32 & 33 Vict. s. 51, as to the county courts having admiralty juris- 17 & 18 Vict. diction. Disputed Title to Wreck.] By sect. 472, if any dispute arises between the receiver and any admiral, vice-admiral, lord of any manor or other person as to the validity of his title to wreck,—or if divers persons claim to be entitled to wreck found at the same place,-the matter in dispute may be decided by two justices in the same manner in which disputes as to salvage coming within the jurisdiction of justices are directed to be determined. There is an appeal from the justices' decision to a court of law or equity, or the court of admiralty (s. 473). County Courts Admiralty Jurisdiction.] Certain county courts are to have admiralty jurisdiction conferred on them by 31 & 32 Vict. c. 71. c. 104. YEOMANRY CORPS. The acts 44 Geo. 3, c. 54, and 57 Geo. 3, c. 44, are still in force as to yeomanry corps, the Volunteer Act, 1863, 26 & 27 Vict. c. 65, s. 51 (and schedule VI.), having only repealed those acts so far as they related to "Volunteers." See 44 Geo. 3, c. 54, s. 38, and 57 Geo. 3, c. 44, s. 3, for matters to be done by justices. INDEX TO THE TWO VOLUMES. **The letter and figures, O. 5, p. 522, signify Offence number 5, page 522, Vol. I. pp. 1–872. Vol. II. pp. 873-1703. A. ABANDONING A CHILD. See "Cruelty." ABBREVIATIONS, list of, used in the Synopsis of Offences, 277. ABDUCTION, from motives of lucre, under twenty-one years, O. 1, p. 1014. unlawfully taking any girl under sixteen out of possession of her ABORTION, a woman administering to herself any poison, &c. to procure mis- administering to a woman poison, &c. to procure miscarriage, O. 7, p. 1014. supplying or procuring poison, &c. to be used to procure miscarriage, ABROAD (OFFENCES COMMITTED), as to 0.8. proceedings in England for offences committed abroad, 904-906. VOL. II. 5 R |
