faction in England or Ireland of the High Court (h), and in Scotland of the Court of Session, including any division of that court, or the lord ordinary officiating on the bills during vacation. (4.) Any security given for salvage in pursuance of this section to an amount exceeding two hundred pounds may be enforced by such court as aforesaid (i) in the same manner as if bail had been given in that court. detained property 553.-(1.) The receiver (k) may sell any detained pro- Sale of perty (1) if the persons liable to pay the salvage in respect of which the property is detained are aware of the deten- by retion, in the following cases, namely ceiver. 1854, 8. (a.) where the amount is not disputed, and payment of 469. 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 (m) from the first court to which the dispute is referred, and payment is not made within twenty days after the decision of the first court, or (c.) where the amount is disputed, and an appeal lies from the decision of the first court to some other court (n), and within twenty days of the decision of the first court neither payment of the sum due is made. nor proceedings are commenced for the purpose of appeal. (2.) The proceeds of sale of detained property (1) shall, after payment of the expenses of the sale, be applied by the receiver (k) in payment of the expenses, fees, and salvage (0), and, so far as not required for that purpose, shall be paid to the owners of the property, or any other persons entitled to receive the same. 554.-(1.) Where services for which salvage (o) is claimed Agree (h) This matter, under the Merchant Shipping Rules, 1894, § 1, is assigned to the Admiralty Division. (i) Sub-s, 3. (k) § 566. (1) § 552, s. 2. (m) In case where only small sums are recovered, see § 549 s. (b.) as to (o) § 510; see §§ 544-546. ment as 1854, s. 497. to salvage, are rendered either by the commander or crew or part of the crew of any of Her Majesty's ships (p) or of any other ship, and the salvor voluntarily agrees to abandon his lien upon the ship, cargo, and property alleged to be salved, then, upon the master (q) entering into a written agreement attested (r) by two witnesses to abide the decision of the High Court in England (s), or of a Vice-Admiralty Court or Colonial Court of Admiralty (q), and thereby giving security in that behalf to an amount agreed on by the parties to the agreement, that agreement shall bind the ship (q), and the cargo, and freight respectively, and the respective owners of the ship, cargo, and freight, and their respective heirs, executors, and administrators, for the salvage (t) which may be adjudged to be payable in respect of the ship, cargo, and freight respectively to the extent of the security given. Apportionment (2.) Any agreement made under this section may be adjudicated on and enforced in the same manner as a bond executed under the provisions of this Part of this Act relating to salvage by Her Majesty's ships (u), and on any such agreement being made the salvor and the master (q) shall respectively make the statements required by this Part of this Act (x) to be made in the case of the bond, but their statements need not be made on oath. (3.) The salvor shall transmit the statements made, as soon as practicable to the court in which the agreement is to be adjudicated upon (y). 555.-(1.) Where the aggregate amount of salvage (t) of salvage payable in respect of salvage services rendered in the receiver. United Kingdom (2) has been finally determined, either 2007. by summarily in manner provided by this Act (a) or by agree- 1854, ss. ment,' and does not exceed two hundred pounds (b), but 466, 467. a dispute arises as to the apportionment thereof among several claimants, the person liable to pay the amount may apply to the receiver (c) 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 (c) shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same (d) 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. (3.) A distribution made by a receiver (c) 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. tionment 498. 556. Whenever the aggregate amount of salvage (c) pay- Apporable in respect of salvage service rendered in the United of salvage Kingdom has been finally ascertained, and exceeds two by Admiralty hundred pounds (ƒ), and whenever the aggregate amount of courts. salvage (e) payable in respect to salvage services rendered 1854, s. elsewhere has been finally ascertained, whatever that amount may be, then, if any delay or dispute arises as to the apportionment thereof, any court having Admiralty jurisdiction may cause the same to be apportioned (d) amongst the persons entitled thereto in such manner as it thinks just, and may for that purpose, if it thinks fit, appoint Salvage by Her Majesty's Ships. by Her Majesty's ships. 1854, ss. 484, 485. 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. Salvage (f) by Her Majesty's Ships (g). 557.-(1.) Where salvage services are rendered by any Salvage ship belonging to Her Majesty or by the commander or crew thereof, no claim shall be allowed for any loss, damage, or risk caused to the ship or her stores, tackle, or furniture, or for the use of any stores or other articles belonging to Her Majesty, supplied in order to effect those services, or for any other expense or loss sustained by Her Majesty by reason of that service, and no claim for salvage (f) services by the commander or crew, or part of the crew of any of Her Majesty's ships shall be finally adjudicated upon, unless the consent of the Admiralty to the prosecution of that claim is proved. Salvage by Her Majesty's ships abroad. 1854, s. 186. (2.) Any document purporting to give the consent of the Admiralty for the purpose of this section, and to be signed by the Secretary to the Admiralty or on his behalf, shall be evidence of that consent. (3.) If a claim is prosecuted and the consent is not proved, the claim shall stand dismissed with costs. 558.-(1.) Where services are rendered at any place out of the limits of the United Kingdom or the four seas adjoining thereto by (h) the commander or any of the crew of any of Her Majesty's ships, in saving any vessel (i) or cargo or property belonging to a vessel, the vessel (i), cargo, or property, alleged to be saved shall, if the salvaor is justified by the circumstances of the case in detaining it, be taken to some port () where there is a consular (ƒ) § 510. (g) See note (p), p. 428. () The Atlantic, including the Irish Sea and St. George's Channel; the North Sea; the German Ocean; and the English Chanucl. (i) A wider term than "ship;" sce § 742, and notes. (k) Defined, § 742. officer (m) or colonial court of admiralty (n), or a viceadmiralty court. (2.) The salvor and the master (n), or other person in charge of the vessel, cargo, or property, saved shall within twenty-four hours after arriving at the port each deliver to the consular officer (m) or judge of the colonial court of admiralty (») or vice-admiralty court, as the case may be, a statement on oath (0), specifying so far as possible, and so far as those particulars are applicable, the particulars set out in the first part of the Nineteenth Schedule to this Act, and also in the case of the master (n) or other person his willingness to execute a bond (p) in the form, so far as circumstances will permit, set out in the second part of that Schedule. to be 559.-(1.) The bond shall be in such sum as the con- Provisions sular officer (m) or judge thinks sufficient to answer the as to boud demand for salvage (q) service, but the sum fixed shall not executed. exceed one half of the amount which, in the opinion of the 1854, ss, consular officer (m) or judge, is the value of the property in respect of which salvage has been rendered. (2.) Where the vessel (r), cargo, or property in respect of which salvage (1) services are rendered is not owned by persons domiciled in Her Majesty's dominions, the master() shall procure such security for the due performauce of the bond as the consular officer (m) or judge thinks sufficient to be lodged with that officer or judge, or with that officer or judge and such other persons jointly as the salvor may appoint. (3.) The consular officer (m) or judge shall fix the amount of the bond within four days after the receipt of the statements required by this Part of this Act (s), but if either of those statements is not delivered within the time required by this Part of this Act, he may proceed ex parte. (4.) A consular officer (m) may for the purposes of this section take affidavits. (m) Int. Act, 1889, § 12, s. 20. () Defined, § 742. () Exempt from stamp duty; § 563. (p) § 559, s. 1. (7) § 510. () A wider term than "ship;" sec § 742, and notes. (8) § 558, s. 2. 487, 489. |