Execution of boud. 1854, ss. (5.) Nothing in this section shall authorize the consular officer (t) or judge to require the cargo of any ship to be unladen. 560.-(1.) The consular officer (t) or judge on fixing the sum to be inserted in the bond (u) shall send notice 488, 491. thereof to the salvor and master (x), and on the execution of the bond by the master in the sum fixed in the presence of the consular officer or judge (who shall attest the same (y)), and upon delivery thereof to the salvor, and in cases where security is to be lodged, on that security being duly lodged, the right of the salvor to detain the vessel, cargo, or property shall cease. Enforcement of bond. (2.) The bond shall bind the respective owners of the vessel, cargo, and freight, and their heirs, executors, and administrators, for the salvage (z) adjudged to be payable in respect of the vessel, cargo, and freight respectively. 561.—(1.) The bond shall be adjudicated on and enforced in the High Court in England (a), unless the salvor and master (x) agree at the time of the execution of the bond 490, 492, that the bond may be adjudicated on and enforced in any 1854, ss. 493. specified colonial court of admiralty (r) or vice-admiralty court, but that court shall in that case have the same power and authorities for the purpose as the High Court in England (a). (2.) The High Court in England (a) shall have power to enforce any bond given in pursuance of this Part of this Act in any colonial court of admiralty (a) or vice-admiralty court in any part of Her Majesty's dominions, and any court exercising admiralty jurisdiction in Scotland, Ireland, the Isle of Man, or the Channel Islands shall assist that court in enforcing those bonds. (3.) Where security has been given for the performance of a bond, the persons with whom the security is lodged shall deal with the same as the court adjudicating upon the bond direct. (t) Int. Act, 1889, § 12, s. 20. (x) Defined, § 742. (y) § 694. (z) $ 510. (a) Admiralty Division (Merchant Shipping Rules, 1894, r. 1), App. II. (4.) The consular officer (b) or judge shall at the earliest opportunity transmit the statements and documents delivered to him, and the notice of the sum fixed in the bond to the High Court in England (c) or the colonial court of admiralty (d) or vice-admiralty court in which the bond is to be enforced, as the case may be. other 1854, 8. 562.-(1.) Nothing contained in this Part of this Act Saving for shall prejudice the right of the salvor, where salvage (e) salvage services have been rendered by one of Her Majesty's ships, rights. or by the commander or any of the crew thereof, to 494. proceed for the enforcement of the salvage claim otherwise than in manner provided by this Act, but the salvor shall have no right to detain the vessel, cargo, or property saved, unless he elects to proceed under this Part of this Act. (2.) Nothing contained in this Part of this Act shall affect the right of the salvor, where salvage services have been rendered by one of Her Majesty's ships or by the commander or any of the crew thereof, in any case which is not provided for therein (f). 563. Any bond, statement, agreement, or other docu- Exempment made or executed in pursuance of the provisions of tion from stamp this Part of this Act relating to salvage by Her Majesty's duty. ships (g) shall, if made or executed out of the United 1854, s. Kingdom, be exempt from stamp duty. 495. 564. If any person in any proceeding under the pro- Punishvisions of this Part of this Act relating to salvage by Her ment for Majesty's ships (g)— forgery and false sentations. 496. (a.) forges, assists in forging, or procures to be forged, reprefraudulently alters, assists in fraudulently altering, or 1854, s. procures to be fraudulently altered, any document; or (b.) puts off or makes use of any forged or altered document, knowing the same to be so forged or altered; or (c.) gives or makes, or assists in giving or making, or (b) Int. Act, 1889, § 12, s. 20. (c) Admiralty Division: (Merchant Shipping Rules, 1894, s. 1), App. II. (d) Defined, § 742. S.M.S.A. (e) § 510. (f) But see § 557, s. 1. 2 F Jurisdiction of High Jurisdiction of High procures to be given or made, any false evidence or representation, knowing the same to be false, that person shall for each offence be liable to imprisonment, with or without hard labour, for any period not exceeding two years, or, on summary conviction, to imprisonment, with or without hard labour, for any period not exceeding six months (h). Jurisdiction of High Court in Salvage (i). 565. Subject to the provisions of this Act, the High Court in Court (i), and in Scotland the Court of Session, shall have Salvage. jurisdiction to decide upon all claims whatsoever relating to salvage (k), whether the services in respect of which salvage (k) is claimed were performed on the high seas or Court in within the body of any county, or partly on the high seas and partly within the body of any county, and whether the wreck (k) in respect of which salvage (k) is claimed is found on the sea or on the land, or partly on the sea and partly on the land. salvage. 1854, s. 476. Appointment of Receivers ment of receivers Appointment of Receivers of Wreck. 566. The Board of Trade shall have the general superof Wreck. intendence throughout the United Kingdom of all matters Appoint- relating to wreck (k), and may, with the consent of the Treasury, appoint any officer of customs or of the coastof wreck. guard, or any officer of inland revenue, or, where it 1854, ss. 2, appears to such Board to be more convenient, any other 439. person, to be a receiver of wreck (in this Part of this Act referred to as a receiver), in any district, and to perform the duties of receiver under this Part of this Act, and shall give due notice of the appointment. Fees of Receivers of Wreck. Fees of Receivers of Wreck. 567.-(1.) There shall be paid to every receiver the Receivers' expenses properly incurred by him in the performance of fees. 1854, ss. 455-457. (h) Procedure, §§ 680-684; fines how applicable, §§ 699, 716. (i) The Admiralty Division; by Merchant Shipping Rules, 1894, s. 1. See Appendix II. (k) § 510. his duties, and also, in respect of the several matters specified in the Twentieth Schedule to this Act, such fees not exceeding the amounts therein mentioned as may be directed by the Board of Trade, 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 (1). (3.) Whenever any dispute arises in any part of the United Kingdom as to the amount payable to any receiver in respect of expenses or fees, that dispute shall be determined by the Board of Trade, and the decision of that Board shall be final. (4.) All fees received by a receiver in respect of any services performed by him as receiver shall be carried to and form part of the Mercantile Marine Fund (m), but a separate account shall be kept of those fees, and the moneys arising from them shall be applied in defraying any expenses duly incurred in carrying into effect this Act in such manner as the Board of Trade direct. ration for services 8. 20. 568.-(1.) Where services are rendered by any officers or Remunemen of the coastguard service in watching or protecting shipwrecked property, then, unless it can be shown that by coastthose services have been declined by the owner of the 18 & 19 guard. property or his agent at the time they were tendered, or Vict. c. 91, that salvage (n) has been claimed and awarded for those services, the owner of the property shall pay in respect of those services remuneration according to a scale to be fixed by the Board of Trade; and that remuneration shall be recoverable by the same means, and shall be paid to the same persons, and accounted for and applied in the same manner as fees received by receivers under the provisions of this Part of this Act. (o) (2.) The scale fixed by the Board of Trade shall not exceed the scale by which remuneration to officers and Duties on Wreck. as to men of the coastguard for extra duties in the ordinary service of the Commissioners of Customs is for the time. being regulated. Duties on Wreck (0). 569.—(1.) All wreck, being foreign goods brought or Provisions coming into the United Kingdom or Isle of Man, shall be duties, subject to the same duties as if the same was imported into the United Kingdom or Isle of Man respectively, and if any question arises as to the origin of the goods, they shall be deemed to be the produce of such country as the Commissioners of Customs may on investigation determine. &c., on wrecked goods. 1854, ss. 499, 500. Powers of sheriff i (2.) The Commissioners of Customs and Inland Revenue shall permit all goods, wares, and merchandise saved from any ship stranded or wrecked on her homeward voyage to be forwarded to the port (p) of her original destination, and all goods, wares, and merchandise saved from any ship stranded or wrecked on her outward voyage to be returned to the port (p) at which the same were shipped; but those Commissioners shall take security for the due protection of the revenue in respect of those goods. Supplemental. 570. Any matter or thing which may be done under this Scotland Part of this Act by or to a justice of the peace, or a court of summary jurisdiction (r), may in Scotland be done by or to the sheriff of the county. 1854, s. 501. Saving for 460. 571. Nothing in this Part of this Act shall prejudice or affect any jurisdiction or powers of the Lord Warden or any officers of the Cinque ports or of any court of those ports or of any court having concurrent jurisdiction within the boundaries of these ports, and disputes as to salvage (0) arising within those boundaries shall be determined in the manner in which they have been hitherto determined (s). (0) $ 510. (p) Defined, § 742. (q) § 567, s. 2 (r) Int. Act, 1889, § 13, s. 12. (8) 1 & 2 Geo. IV. c. 76; cf. The Maria Luisa (1856), Swabey, 67; The Jeune Paul (1867), L. R. 1 A. & E. 336. |