Permit to be advertised before dealer proceeds to act thereon. Marking of anchors. Salvago payable for saving life. 42.-(1) A marine store dealer who has obtained a permit as aforesaid shall not proceed by virtue thereof to cut up or unlay any cable or other article until he has for the space of one week, at the least, published in some newspaper circulating in the place where he resides one or more advertisements, notifying the fact of his having so obtained a permit, and specifying the nature of the cable or article mentioned in the permit, and the place where it is deposited, and the time at which it is intended to be so cut up or unlaid. (2) If any person suspects or believes that the cable or other article is his property, he may apply to any District Commissioner for a warrant, and that District Commissioner may, on the sworn statement of the applicant, grant a warrant entitling the applicant to require the production by the marine store dealer of the cable or article mentioned in the permit, and also of the books required under this part of this Ordinance to be kept by the marine store dealer, and authorizing the applicant to inspect and examine the cable or article or books. (3) If a marine store dealer fails, without reasonable cause, to comply with any of the requirements of this section, he shall be liable for the first offence to a fine not exceeding twenty pounds, and for every subsequent offence to a fine not exceeding fifty pounds. Marking of Anchors. 43.-(1) Every manufacturer of anchors shall mark on every anchor manufactured by him, in legible characters, and both on the crown and also on the shank under the stock, his name or initials, and shall, in addition, mark on the anchor a progressive number and the weight of the anchor. (2) If a manufacturer of anchors fails without reasonable cause to comply with this section, he shall be liable for each offence to a fine not exceeding five pounds. Salvage. 44.-(1) Where services are rendered wholly or in part within the colonial waters in saving life from any British or foreign vessel, or elsewhere in saving life from any British vessel, there shall be payable to the salvor by the owner of the vessel, cargo or apparel saved, a reasonable amount of salvage, to be determined, in case of dispute, in manner hereinafter mentioned. (2) Salvage in respect of the preservation of life when payable by the owners of the vessel shall be payable in priority to all other claims for salvage. (3) Where the vessel, cargo and apparel are destroyed, or the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in respect of the preservation of life, the Governor may, in his discretion, award to the salvor out of the revenue of the Colony such sum as he may think fit, in whole or part satisfaction of any amount of salvage so left unpaid. wreck. 45. Where any vessel is wrecked, stranded, or in distress at any Salvage of place on or near the coast of the Colony or any tidal water within cargo or the limits to which this Ordinance extends, and services are rendered by any person in assisting that vessel or saving the cargo or apparel of that vessel or any part thereof, and where services are rendered by any person other than a Receiver in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, apparel, or wreck, a reasonable amount of salvage to be determined in case of dispute in manner hereinafter mentioned. Procedure in Salvage. ation of 46.-(1) Disputes as to the amount of salvage, whether of life Determinor property, arising between the salvor and the owners of any salvage disvessel, cargo, apparel or wreck, shall, if not settled by argument, putes. arbitration or otherwise, be determined by a District Commissioner in manner provided by this Ordinance in the following cases, namely: (a) In any case where the parties to the dispute consent; (b) In any case where the value of the property saved does not exceed two hundred pounds; (c) In any case where the amount claimed does not exceed one hundred pounds. (2) Subject as aforesaid, disputes as to salvage shall be determined by a Colonial Court of Admiralty; but if the claimant does not recover more than one hundred pounds, he shall not be entitled to recover any costs, charges or expenses incurred by him in the prosecution of his claim, unless the Court before which the case is tried certifies that the case is a fit one to be tried otherwise than before a District Commissioner in manner provided by this Ordinance. (3) Disputes relating to salvage may be determined on the application either of the salvor or of the owner of the property saved, or of their respective agents. 47.-(1) Disputes as to salvage shall: Where salvage dis (a) Where the dispute relates to salvage of wreck, be determined putes to be by a District Commissioner or a Colonial Court of heard. Admiralty having jurisdiction at the place where the wreck is found; and (b) Where the dispute relates to salvage in the case of services rendered to any vessel or to the cargo or apparel thereof, or in saving life therefrom, be determined by a District Commissioner or a Colonial Court of Admiralty having S.N. -VOL. I. 3 D Assessors in salvage disputes. Powers of jurisdiction at the place where the vessel is lying, or at the port in the Colony into which the vessel is first brought after the occurrence by reason whereof the claim of salvage arises. (2) Any Court or District Commissioner determining a dispute as to salvage may call in to their assistance any person conversant with maritime affairs as assessor, and there shall be paid as part of the costs of the proceedings to every such assessor in respect of his services such sum not exceeding five pounds as the Governor may direct. 48. (1) A District Commissioner shall have the same powers District Com- and jurisdiction with respect to the hearing of a dispute referred to him under this Ordinance as to salvage, as he would with respect to the hearing of a suit ordinarily brought before him. missioner. missioner. Appeal from (2) Any person aggrieved by the decision of a District CommisDistrict Com- sioner in any dispute as to salvage may, within twenty days of the date of such decision, if the amount involved exceeds fifty pounds, apply to such District Commissioner or his successor in office for leave to appeal. Subject as aforesaid, every such appeal shall be granted and prosecuted as if it were an appeal from the decision of a District Commissioner in a civil suit. Valuation of property by Receiver. Detention of property liable for salvage by a Receiver. 49.-(1) Where any dispute as to salvage arises, the Receiver of the district where the property is in respect of which the salvage claim is made, may, on the application of either party, appoint a valuer to value that property, and shall give copies of the valuation to both parties. (2) Any copy of the valuation purporting to be signed by the valuer and to be certified as a true copy by the Receiver, shall be admissible as evidence in any subsequent proceeding. (3) There shall be paid in respect of the valuation by the person applying for the same such fee as the Governor may direct. 50.-(1) Where salvage is due to any person under this Ordinance the Receiver shall (a) If the salvage is due in respect of services rendered in assisting any vessel or in saving life therefrom, or in saving the cargo or apparel thereof, detain the vessel and cargo or apparel; and (b) If the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under the Ordinance, detain the wreck. (2) Subject as hereinafter mentioned the Receiver shall detain the vessel and the cargo and apparel, or the wreck (hereinafter referred to as the detained property) until payment is made for salvage, or process is issued for the arrest or detention thereof by some competent Court. (3) A Receiver may release any detained property if security is given to his satisfaction, or, if the claim for salvage exceeds one hundred pounds and any question is raised as to the sufficiency of the security, to the satisfaction of the Court. (4) Any security given for salvage in pursuance of this section to an amount exceeding one hundred pounds may be enforced by the Court in the same manner as if bail had been given in that Court. detained 51.-(1) The Receiver may sell any detained property if the Sale of persons liable to pay the salvage in respect of which the property property by is detained are aware of the detention, in the following cases, Receiver. namely: (a) Where the amount is not disputed and payment of the amount due is not made within twenty days after the amount is due, or (b) Where the amount is disputed, but no appeal lies from the ment is not made within twenty days after the decision of (c) Where the amount is disputed and an appeal lies from the (2) The proceeds of sale of detained property shall in the first instance be applied by the Receiver in payment of the expenses, fees and salvage, and the balance, if any, shall be paid over to the owners of the property, or any other person entitled to receive the same. ment of 52.-(1) Where the aggregate amount of salvage payable in Apportionrespect of salvage services rendered in the Colony has been finally salvage under determined either by a District Commissioner in manner provided £100 by by this Ordinance or by agreement, and does not exceed one Receiver. hundred pounds, but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay the amount may apply to the Receiver for liberty to pay the same to him; and the Receiver shall, if he thinks fit, receive the same accordingly, and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid, and that certificate shall be a full discharge and indemnity to the person by whom the money is paid, and to his vessel, cargo, apparel, and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate. (2) The Receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same on such evidence and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent. Apportionment of salvage over £100 by Admiralty Court. Jurisdiction Courts in salvage. (3) A distribution made by a Receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed. 53. Whenever the aggregate amount of salvage payable in respect of salvage services rendered in the Colony, has been finally ascertained, and exceeds one hundred pounds, and whenever the aggregate amount of salvage payable in respect of salvage services rendered elsewhere has been finally ascertained, whatever that amount may be, then, if any delay or dispute arises as to the apportionment thereof, any Colonial Court of Admiralty may cause the same to be apportioned amongst the persons entitled thereto in such manner as it thinks just, and may for that purpose, if it thinks fit, appoint any person to carry that apportionment into effect, and may compel any person in whose hands or under whose control the amount may be to distribute the same, or to bring the same into Court to be there dealt with as the Court may direct, and may for the purposes aforesaid issue such processes as it thinks fit. Jurisdiction of Colonial Courts of Admiralty. 54. Subject to the provisions of this Ordinance, every Colonial of Admiralty Court of Admiralty in the Colony shall have jurisdiction to decide upon all claims whatsoever relating to salvage, whether the services in respect of which salvage is claimed were performed on the high seas or within the Colony, or partly on the high seas and partly within the Colony, and whether the wreck in respect of which salvage is claimed is found on the sea or on the land, or partly on the sea and partly on the land. Receivers' fees. Fees of Receivers of Wreck. 55.-(1) There shall be paid to every Receiver the expenses properly incurred by him in the performance of his duties, and also, in respect of the several matters specified in the Schedule to this Ordinance, such fees not exceeding the amounts therein mentioned as may be directed by the Governor, but a Receiver shall not be entitled to any remuneration other than those payments. (2) The Receiver shall, in addition to all other rights and remedies for the recovery of those expenses or fees, have the same rights and remedies in respect thereof as a salvor has in respect of salvage due to him. (3) Whenever any dispute arises as to the amount payable to any Receiver in respect of expenses or fees, that dispute shall be determined by the Governor, whose decision shall be final. (4) All fees received by a Receiver in respect of any services performed by him as a Receiver, shall be carried to and form part of the general revenue of the Colony. |