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magistrate are to send a report to the board of trade, containing a 17 & 18 Vict.
Appointment of Nautical Assessor.] By sect. 434, in cases where nautical (or engineering, 25 & 26 Vict. c. 63, s. 23] skill and knowledge are required, the board of trade, either at the request of the justices or magistrate, or at its own discretion, may appoint some person (or persons) of nautical (or engineering] skill and knowledge to act as assessor (or assessors, 25 & 26 Vict. c. 63, s. 23] to the justices or magistrate;—and such assessor shall, upon the conclusion of the case, either signify his concurrence in their report by signing the same, or if he dissents therefrom shall signify such dissent and his reasons therefor to the board of trade.
Costs of Investigation.] By sect. 436, the justices or magistrate may make such order with respect to the costs of any such investigation or any portion thereof as they or he may deem just, -and such costs shall be paid accordingly,—and shall be recoverable in the same manner as other costs incurred in summary proceedings before them or him;-200 and the board of trade may, if in any case it thinks fit so to do, pay
of any such investigation, and may pay to such assessor as aforesaid such remuneration as it thinks fit.
Examination as to Ships in Distress.] By sect. 448, any receiver, -or in his absence any justice of the peace, --shall, as soon as conveniently may be, examine upon oath any person belonging to any ship which may be or may have been in distress on the coasts of the United Kingdom, or any other person who may be able to give any account thereof, or of the cargo or stores thereof, as to the following matters; (that is to say,)
(1.) The name and description of the ship;
199 Vide Form of Report, No. 5, Oke's “ Formulist,” 6th ed. p. 983. By 17 & 18 Vict. c. 104, s. 438, the justices or magistrate may require the master or mate possessing a certificate of competency or service whose conduct is called in question, &c., to deliver such certificato to be held till the close of the investigation (under the penalty of 501., 25 & 26 Vict. c. 63, s. 24]; and by 25 & 26 Vict. c. 63, s. 23, sub-s. 1, the power given by sect. 242 of 17 & 18 Vict. c. 101, to the board of trade to cancel or suspend the certificate, if it appear that the loss or abandonment of or serious damage to the ship, or loss of life, has been caused by the wrongful act or default of such master or mate, is vested in and may be exercised by the magistrates by who the case is investigated, if one assessor expresses his concurrence in the report.
200 Query, how these costs are intended to be recovered ; as there is no provision in the 11 & 12 Vict. c. 43, for recovery of costs alone, except where a case is dismissed.
17 & 18 Vict. (4.) The ports and places from and to which the ship was bound; c. 104.
(5.) The occasion of the distress of the ship;
board the same, as the receiver or justice thinks necessary; and such receiver or justice is to take the examination down in writing, 201—and to make two copies of the same,-of which he is to send one to the board of trade, and the other to the secretary of the committee for managing the affairs at Lloyd's in London ; to be placed by the said secretary in some conspicuous situation for the inspection of persons desirous of examining the same ;-and for the purposes of such examination every such receiver or justice shall have all the powers given by the first part of the act to inspectors appointed by the board of trade. 202
Recorery of Value of Wreck in Possession of Stranger.] By sect. 450, double the value of wreck taken possession of by persons other than the owner, and not delivered by him to the receiver, is to be recovered in the same way as a penalty of like amount,-see tit. “Merchant Shipping,” Vol. I. p. 580.
Cutting up Cables.] Dealers to make a declaration before a justice, in order to a justice or receiver granting a permit for cutting up a cable (s. 481). [Forms of Declaration and Permit, Nos. 177 -178, pp. 283–286, Oke's “ Formulist,” 6th ed.] Justices may, on application on oath, grant a warrant against a marine store dealer to produce a cable or other like article, and to allow an examination of his book of entries required to be kept (s. 482). [Form, No. 179, p. 286, Oke's “ Formulist,” 6th ed.]
Damage by Rioters.] In case of vessels stranded, &c., being plundered by tumultuous assemblages, the hundred is to be liable for the damage, in the same manner as damage to buildings by a riotous assemblage is provided for by the 7 & 8 Geo. 4, c. 31 (s. 477, see tit. “ Ilundred,” ante, p. 1241).
II. Arbitration on Salvage Claims. By 17 & 18 Vict. c. 104, s. 476, the High Court of Admiralty may decide on all salvage cases, whether on sea or land.
201 This may be in the same form as on an investigation. See Form, No. 5, Oke's “ Formulist,” 6th ed. p. 982; and should show the following particulars: the tons register of the ship, by whom owned, the date of sailing, the number of the crew and where bound to, what the cargo consisted of, and by whom shipped and to whom consigned, where ship or cargo insured and in what sums respectively; and then a narrative embracing explicitly the occasion and date of distress of ship, the exact nature of casualty, the services rendered, and such other matters and circumstances relating to the ship and cargo as the justice may consider necessary.
202 Vide sect. 15, which gives power to summon witnesses. Tide Form, No. 7, Oke's “ Formulist," 6th ed. p. 981.
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;
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 2001., 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 2001., the dispute may, with consent, be referred also to such justices, or otherwise by the Court of Admiralty (see 25 & 26 Vict.
17 & 18 Vict. c. 63, s. 49, Note 203, infra];—and every such dispute may be c. 104.
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 nerertheless 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 1,0001., 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. Tide Oke's ** Formulist,” 6th ed. pp. 963, 964, for forms of application to justices to adjudicate on dispute, summons and award of justices. As to salvage services rendered by her Majesty's ships, see sects. 4344496.
32 & 33 Vict. s. 51, as to the county courts having admiralty juris. 17 & 18 Vict. diction.
c. 104. 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.
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, 8. 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.