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Cornell University Library 
 KF1114.S2J76 
 The law of salvage, as administered in th 
 
 3 1924 018 926 372 
 
Cornell University 
 Library 
 
 The original of tliis bool< is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924018926372 
 
LAW OF SALVAGE, 
 
 AS ADMINISTERED IN 
 
 THE HIGH COUKT OF ADMIKALTY 
 AND THE COUNTY COURTS; 
 
 WITH THE 
 
 PRINCIPAL AUTHORITIES, ENGLISH AND AMERICAN, 
 
 BROUGHT DOWN TO THE PRESKNT TIME ; 
 AND AN 
 
 APPENDIX, 
 
 CONTAINING STATUTES, FORMS, TABLE OF FEES, 
 
 ETC. 
 
 EDWYN TOgES, Esq., 
 
 OF gray's iwn, earrister-at-law. 
 
 LONDON : 
 
 STEVENS & HAYNES, 
 
 BELL YARD, TEMPLE BAR. 
 1870. 
 
LONDON ; 
 BRADBDEV, EVAHS, AND CO., PBINrEES, WHITEPBIABS. 
 
PEEFACE. 
 
 I HAVE endeavoured in the following pages to 
 place before the Profession the principles of the 
 Law of Maritime Salvage, with a sketch of the pro- 
 ceedings in a salvage suit in the High Court of 
 Admiralty and in the County Courts. 
 
 The close resemblance that exists between the 
 law of England and that of the United States upon 
 this subject has induced me, by a frequent refe- 
 rence throughout the work to American authorities, 
 to aim at making the book equally useful to the 
 American as to the English Lawyer. 
 
 In the Appendix are collected those portions of 
 
 the Merchant Shipping and other Acts which bear 
 
 upon Salvage, with such of the Forms of the 
 
 Admiralty Court and County Courts, as are likely 
 
 to be found useful. 
 
 EDWYN JONES. 
 
 8, King's Bench Walk, Temple, 
 September, 1870. 
 
CONTEN.TS. 
 
 CHAPTER I. 
 
 PAGE 
 
 Nature of the service — Ingredients of Salvage service — In- 
 stances of Salvage service — life Salvage . . 1 — 18 
 
 CHAPTER II. 
 
 Who may claim as Salvors — The Crew — Passengers — Ship- 
 owner — Pilots — Tugs — Ship's Agent — War Vessels . 19—54 
 
 CHAPTER III. 
 
 Different sets of Salvors — Legal Derelict — First Salvors 
 favoured — Distribution between rival Salvors . . 55 — 75 
 
 CHAPTER IV. 
 Amount 76 — 100 
 
 CHAPTER V. 
 
 Apportionment 101 — 120 
 
 CHAPTER VI. 
 
 Contribution 121—123 
 
 CHAPTER VII. 
 
 Misconduct and Negligence — Unskilfiihiess . . . 124 — 142 
 
 CHAPTER VIII. 
 Detention by Salvors 143—155 
 
VI CONTENTS. 
 
 CHAPTER IX. 
 
 PAGE 
 
 Proceedings to recover Salvage— Jurisdiction and Practice of 
 Court of Admiralty— Jurisdiction and Practice of the 
 County Conit— Jurisdiction of the Justices . . 156—201 
 
 CHAPTER X. 
 Costs 202-205 
 
 CHAPTER XL 
 
 Appeal 
 
 206—211 
 
 APPENDIX. 
 
 1 & 2 Geo. 4, c. 76 (Jurisdiction of Cinque Ports) . . .213 
 
 17 & 18 Vict. c. 104. ss. 4, 32 (Merchant Shipping Act, 1852) 219 
 
 18 & 19 Vict. 0. 91, ss. 19 & 20 242 
 
 25 & 26 Vict. c. 63, ss. 49—53 243 
 
 3 & 4 Vict. c. 65 (Practice of Court of Admiralty) . . . 246 
 24 Vict. c. 10 (Practice of Court of Admiralty) . . .252 
 
 31 & 32 Vict. c. 71 (County Courts Admiralty- Jurisdiction 
 
 Act, 1868) 258 
 
 32 & 33 Vict. c. 51 (County Courts Admiralty Jurisdiction 
 
 Amendment Act, 1869) 265 
 
 Orders in Council . , 266 
 
 List of County Courts having Admiralty Jurisdiction . .268 
 
 Admiralty Court Formg , . . . 272 
 
 Additional Forms of Pleadings 281 
 
 County Court Forms 297 
 
 Schedule of Fees in Admiralty Court 301 
 
 Schedule of County Court Fees . . ... 310 
 
TABLE OF CASES. 
 
 A. 
 
 Abdalla, The, 14 
 Acorn, The, 24 
 
 Acorn and Speedwell, The, 23 
 
 Aotif, The, 196 
 
 A. D. Patchin, The, 100 
 
 Adolphe, Williams v. Cargo of. 
 The, 58 
 
 Afina Van Linge, The, 100 
 
 Africa, The, 29, 96, 98, 100 
 
 Alabamian, The, 6 
 
 Albatross, The, 202 
 
 Albert, The, 77 
 
 Albion, The, 3, 43, 73, 104, 106, 
 111, 112 
 
 Aletheia, The, 87, 112 
 
 Alexander, The, 162 
 
 Alexander Larsen, The, 165 
 
 Alexander, Lea v. The, 37 
 
 Alfen, The, 15, 28, 81 
 
 Alma, The, 60, 51, 80 
 
 Alpha, The, 160 
 
 Amalia, The, 170 
 
 Amazon, The, 53 
 
 American Iron Co., The, a. John- 
 son, 11 
 
 Amethyst, The, 64, 112 
 
 Anastasia, The, 2 
 
 Andalusia, The, 82 
 
 Andrew Wilson, The, 210 
 
 AnnapoUs, The, 7, 13, 42, 43, 128 
 
 Anne, The, 16 
 
 Anne and Jane, The, 170 
 
 Annie Childs, The, 168, 172 
 
 Apollo, The, 202 
 
 Aquila, The, 27, 49, 57, 58, 89 
 
 Arabian, The, 85 
 
 Arctic, The, 12 
 
 Ardincaple, The, 81 
 
 Argo, The, 196 
 
 Arthur, The, 37, 96, 99, 100 
 
 Ashburton, The, 140 
 
 Atkinson v. Woodhall, 104 
 
 Atlas, The, 6, 9, 10, 15, 73, 89, 
 
 125, 132, 139, 140, 141 
 Aurora, The, 134, 170 
 Aztecs, The, 4, 7 
 
 B. 
 
 Bakek v. Hoag, 143 
 Baltimore, The, 109 
 Barefoot, The, 61, 126 
 Bartley, The, 18, 80 
 Batavier, The, 45, 204 
 Bearse v. Three hundred and forty 
 
 pigs of copper, 100 
 Beaver, The, 16, 19, 50, 61, 85 
 Bee, The, 58, 62, 143 
 Belle of Lagos, The, 203 
 Bello Corrunos, The, 125 
 Bengal, The, 161 
 Berlin, The, 61, 67, 68, 89, 113 
 Betsy, The, 100 
 Beulah, The, 46, 110, 112, 114, 
 
 115 
 Black Boy, The, 127, 204 
 Blaireau, The, 17, 19, 31, 77, 86, 
 
 107, 108, 112, 113, 114, 135 
 Blake v. Patten, 107 
 BlendenhaU, The, 63, 65, 89 
 Bloomer, The, 163 
 
VUl 
 
 TABLE OF CASES. 
 
 Bold Buceleuch, The, 165 
 
 Bomarsund.The, i, 7, 35, 141, 142 
 
 Bond V. Brig Cora, 31 
 
 Boston, The, 62, 86, 112, 124, 
 135, 136 
 
 Bothnia, The, 170 
 
 Box of Bullion, A, 75 
 
 Box of Bullion, Williams v. A, 86 
 
 Branston, The, 25 
 
 Brig Alphonso, The, 2, 14, 80 
 
 Brig Cora, The, 31, 86, 108 
 
 Brig John Gilpin, The, 63 
 
 Brig Susan, The, 35 
 
 Briggs I). The Merchant Traders' 
 Ship, Loan, and Insurance Asso- 
 ciation, 121, 123 
 
 Britain, The, 98, 106, 120 
 
 British Consul, The, v. Smith, 62 
 
 British Empire, The, 98 
 
 Briton, The, 95, 96 
 
 Brothers, The, 73 
 
 Bull, Fretz v., 77 ' 
 
 Bure, The, 163 
 
 Barns, The, 4 
 
 Byron, The, 134 
 
 Calbdohia, The, 201 
 Callagan ■». Hallet, 37 
 Calypso, The, 16 
 Canova, The, 47, 96 
 Cape Packet, The, 138, 139, 140 
 Cargo ex Capella, The, 13 
 Cargo ex Qalam, The, 164 
 Cargo ex Honor, The, 10, 48, 49, 
 
 172, 204 
 Cargo of the Adolphe, Williams v. 
 
 The, 58 
 Cargo ex Loodianah, The, 90 
 Cargo ex Venus, The, 89, 94 
 Caroline, The, 30, 104, 106 
 Carrier Pigeon, The, 12 
 Carryl, Taylor v. The, 163 
 Castellaine v. Thompson, 156 
 Castletown, The, 89 
 Catalina, The, 202 
 Catherine, The, 16, 100 
 
 Cato, The, 99, 105, 107 
 Cato, Taylor v. The Ship, 20 
 Centurion, The, 107, 108, 130 
 Certain Logs of Mahogany, 163 
 C. Grinnel, The, 83, 85 
 Champion, The, 55, 56, 145 
 Chapman, Nicholson v., 143, 156 
 Charles, The, 62, 110 
 Charles Adolphe, The, 45, 132 
 Charlotta, The, 63, 67, 129 
 Charlotte, The, 2, 3, 27, 30, 98, 
 
 112 
 Charlotte WyKe, The„14, 50, 93, 
 
 108, 109 
 Cherubim, The, 160 
 Chetah, The, 5, 6, 207 
 Chieftain, The, 161 
 Circassian, The, 15 
 City of Edinburgh, The, 137 
 Clara, The, 164 
 Clarence, The, 170 
 Clarisse, The, 58, 63, 69, 80, 
 
 206 
 Cleopatra, The, 144 
 Clifton, The, 53, 77, 172 
 Colby V. Watson, 105 
 Collier, The, 29 
 
 Columbia, The, 10, 62, 104, 112 
 Columbine, The, 104, 113 
 Columtus, The, 36 
 Commodore, The, 94 
 Comte Nesselrode, The, 159 
 Comus, The, 81 
 Cora, The, 107, 112 
 Corner, The, 167, 169 
 Coromandel, The, 10, 15, 18, 59, 
 
 80 
 Cosmopolitan, The, 58, 60, 69 
 Crus v.. The, 96, 100 
 Cuba, The, 76, 210 
 Cumberland, The, 12 
 C. W. Ring, The, 112 
 Cygnet, The, 14 
 
 D. 
 
 Dantzic Packet, The, 65, 127 
 144 
 
TABLE OF CASES. 
 
 IX 
 
 Dawn, The, 20 
 
 Defiance, The, 106 
 
 Delphos, The, 62, 112 
 
 Despatch, The, 170 
 
 Dereron, The, 85, 111 
 
 Dexter v. Bark Kiohmond, 37 
 
 Diadem, The, 141 
 
 Diana, The, 202 
 
 Dido Brig, The, Hope v., 37 
 
 Doctor Tan Tunen Telle, The, 
 
 208 
 Dodge Healy, The, 6, 62 
 Dosseitei, The, 35, 68, 128, 129 
 Dove and Cargo, The, 135 
 Dowthorpe, The, 164 
 Duke of Manchester, The, 125, 
 
 139, 140, 141, 202 
 Dniany v. Sloop Peragio, 37 
 Dundee, The, 162 
 
 Dygden, The, 35, 36, 138, 139, 
 
 140, 204 
 
 S. 
 
 Eakl Grbt, The, 81, 104, 105, 
 
 112, 161 
 Earl of Eglinton, The, 50, 90 
 East Lothian, The, 170 
 Eastern Monarch, The, 14, 80 
 Edmond, The, 168 
 Edward Hawkins, The, 5, 41, 
 
 202 
 Effort, The, 55, 89 
 Eleanore, The, 83 
 Eieonora Charlotte, The, 129, 145, 
 
 172 
 Eleonore, The, 15, 165, 200 
 Elise, The, 96, 99 
 Eliza, The, 12 
 EUzabeth, The, 33, 67 
 Elizabeth and Jane, Lewis v. The, 
 
 129, 143 
 Elizabeth and Jane, Sims v. The, 
 
 62 
 Elizabeth Bibby, The, 12 
 Ella Constance, The, 77, 82 
 Elliotta, The, 89 
 Ellora, The, 38, 45 
 
 Elvira, The, 2, 4, 129 
 Emblin, The, 146 
 Emma, The, 100, 109, 121, 122 
 Emulous, The, 77, 79, 100 
 Enchantress, The, 98, 102, 103, 
 
 105, 110, 111, 114, 115, 116, 
 
 118 
 Endeavour, The, 73, 74, 105 
 England, The, 170 
 Enterprise, The, 34 
 Erie Ey. Co. , Seaman v. The, 15 
 Esperance, The, 89 
 E. U., The, 7, 9, 70 
 Eugene, The, 64, 65 
 Eugenie, The, 2, 35 
 Europa, The, 169 
 Ewbank, The Henry, 10, 62, 73, 
 
 77, 86, 105, 107, 110, 112, 
 
 129 
 Ewell Grove, The, 50, 89, 90 
 Exchange, The, 81 
 
 F. 
 
 Faib Amebioan, The, 137 
 
 Favorite, The, 47,' 49 
 
 Felix, The, 35 
 
 Fenix, The, 60, 159 
 
 Fenwick, The, 58 
 
 Fielden, The, 130 
 
 Firefly, The, 95, 98, 99 
 
 Fleece, The, 56, 63, 93 
 
 Flinn v. Leander, 62 
 
 Flora, The, 163, 167 
 
 Florence, The, 19, 20, 61, 88, 89, 
 
 135 
 Fortitude, The, 202 
 Fortuna, The, 89 
 Frances Mary, The, 89 
 Frances and Eliza, The, 16, 50, 
 
 204 
 Franklin, The, 16 
 Frederick, The, 33, 172 
 Fretz V. BuU, 77 
 Funchal Baptista, The, 36 
 Fusilier, The, 17, 77, 82, 93, 
 
 123, 158, 206 
 Fyler v. Fyler, 173 
 
TABLE OP CASES. 
 
 GaIiAtba, The, 33, 37, 38, 40, 
 
 45 
 Ganges, The, 30, 117 
 general Palmer, The, 33 
 Generous, The, 96, 210 
 Genesaee, The, 9, 61, 68, 72, 73, 
 
 74 
 Genesee Chief, The, 77 
 George Arkle, The, 170 
 George Dean, The, 83, 90, 104 
 George Nicholans, The, 14, 62 
 Gertrude, The, 59, 144, 196 
 Giacomo, The, 2, 202 
 Glasgow Packet, The, 55, 64, 127, 
 
 143, 146, 170, 202, 203 
 Gloria de Maria, The, 203 
 Glory, The, 64, 67, 127, 173, 
 
 203 
 Golendrina, The, 14, 105, 106 
 Golubchiok, The, 202 
 Goods, Small ?).The, 114 
 Governor RaffleSj The, 16, 19 
 Graces, The, 81, 82, 96, 100 
 Gravina, The, 29 
 Great Eastern, The, 26, 165 
 Gudrun, The, 67 
 
 H. 
 
 Haideb, The, 28 
 
 Hallett, Callaghan v., 37 
 
 Hannibal, The, 13 
 
 Happy Return, The, 48, 49 
 
 Harbinger, The, 2, 45 
 
 Harmonie, The, 162 
 
 Harmony, The, 112 
 
 Harriet, The, 211 
 
 Harriot, The, 29, 204 
 
 Harrison, Lipson v., 156 
 
 Hartfort v, Jones, 143 
 
 Easwell, The, 170 
 
 Hayes, The H. M., 13 
 
 H. D. Bacon, The, 146 
 
 Hebe, Th?,"33, 34, 92, 93, 170 
 
 Hector, The, 77, 90, 129 
 
 Helen, The, 169 
 
 Hedwig, The, 34, 35, 172, 204 
 
 Helen and George, The, 98, 99, 
 100 
 
 Helene, The, 167 
 
 Henry, The, 95 
 
 Hercules, The, 34, 58 
 
 Herman Wedel, The, 199 
 
 Hero, The, 167 
 
 Hickman, The, 160, 172, 205 
 
 Himalaya, The, 15, 106, 106, 
 112 
 
 Hoag, Baker v. 143 
 
 Hobart v. Drogan, 37 
 
 Holder Borden, The, 20, 25 
 
 Hope, The, 10, 94, 104, 108, 112, 
 119, 172 
 
 Hope V. Brig Dido, 37 
 
 Hopewell, The, 130, 205 
 
 Housman v. Schooner North Caro- 
 lina, 97 
 
 Howard, The, 105 
 
 Howthandel, The, 83, 135, 139, 
 175 
 
 Huntress, Eobson v. The, 53 
 
 Hussey, Keed v., 20 
 
 Hyer, The Schooner Wave v., 37 
 
 I. 
 
 Ihoa, The, 89 
 Independence, The, 2, 80 
 India, The, 6, 10, 69 
 Industry, The, 77 
 Iodine, The, 50 
 Ironmaster, The, 170 
 Ironsides, The, 169, 202 
 Isabella, The, 45 
 Island City, The, 58, 73, 136 
 
 J. 
 
 Jack iIewbtt, The, 15 
 James, The, 134 
 James Dixon, The, 89, 175 
 Jane, The, 83, 85, 89, 104, 108, 
 
 112 
 Jane Anderson, The, 34, 95 
 
TABLE OF CASES. 
 
 Janet Mitchell, The, 14, 27, 109 
 
 Jeanette, The, 85 
 
 Jeune Louise, The, 211 
 
 Jeune Paul, The, 201 
 
 J. G. Paint, The, 8 
 
 Johannes, The, 18, 34, 167, 202, 
 204 
 
 John, The, .118, 159, 160, 172 
 
 John Bryant, The, 26, 139 
 
 John Gilpin, The, 62, 143 
 
 John Perkins, The, 23, 142 
 
 John Taylor, The, 20 
 
 John Wurts, The, 69 
 
 John and Thomas, The, 129 
 
 Johnson, The American Iron Com- 
 pany v., 11 
 
 Jonge Andries, The, 33, 46, 96, 
 99 
 
 Jonge Bastiaan, The, 9, 73, 74, 
 89, 122 
 
 Jones, Hartfortn., 143 
 
 Joseph C. Griggs, The, 4 
 
 Joseph Harvey, The, 33, 203 
 
 Josephine, The, 52 
 
 J. T. Abhott, The, 15 
 
 Jubilee, The, 89 
 
 Julindur, The, 164 
 
 K. 
 
 Kalamazoo, The, 167 
 Kate, The, 200 
 Kepler, The, 202 
 Killamey, The, 164 
 Kingalock, The, 46, 81, 96, 98 
 King Oscar, The, 33, 34 
 King, The, v. Property Derelict, 
 15 
 
 La Beile Cit&LE, The, 62, 105, 
 
 107, 112 
 Lady Anne, The, 170 
 Lady Blessington, The, 163, 166 
 Lady Catherine Braham, The, 149, 
 
 203 
 
 Lady Durham, The, 162 
 Lady Egidia, The, 37, 45, 202 
 Lady Worsley, The, 16, 124, 126, 
 
 146 
 Laurel, The, 170, 202 
 Laurence v. Sidebotham, 85 
 Lea V. Ship Alexander, 37 
 Leander, Flinn v., 62 
 Leander, The, 135 
 Leda, The, 196 
 Leo, The, 162, 168 
 L'Esperance, 61 
 Le Tigre, 26, 49, 54 
 Lewis V. The Elizabeth and Jane, 
 
 129, 143 
 Lipson V. Harrison, 156 
 Little Joe, The, 10, 35, 204 
 Little Lizzie, The, 174 
 Lively, The, 27, 49 
 Livingstone, The, 61 
 Lockwoods, The, 6, 139 
 London, The, 202 
 London Merchant, The, 53, 81 
 Lord Auckland, The, 202 
 Louisa, The, 16, 50, 84, 104, 111, 
 
 114, 119, 133, 195, 198 
 Love V. Hinckley, 37 
 Lustre, The, 60 
 
 M. 
 
 McAllcm v. Eeid, 174 
 McCalJ, Phillips v., 22 
 Magdalen, The, 9, 15, 67, 73, 
 
 74, 89, 124, 134, 139, 140, 
 
 203 
 Magnolia, The, 129 
 Margaret, The, 29 
 Margaret and Jane, The, 203 
 Maria, The, 67 
 Maria Jane, The, 28, 121 
 Maria Luisa, The, 157, 201 
 Mariann, The, 16 
 Marianna, The, 143 
 Martha, The, 65, 83, 104, 125, 
 
 126, 137 
 Martin Luther, The, 27, 89, 105, 
 
 110 
 
xu 
 
 TABLE OF CASES. 
 
 Mary, The, 2, 16, 58, 63 
 Mary Ann, The, 50, 109 
 Mary Anne, The, 81, 89, 110, 
 
 116, 117, 170, 198, 210 
 Mary Hale, The, 24, 135 
 Mary and Jane, The, 94 
 Mary Pleasants, The, 60, 121 
 Marquis of Huntly, The, 119 
 M. B. Stetson, The, 15 
 Medora, The, 85 
 Merchant Traders' Ship, " Loan, 
 
 and Insurance Association, 
 
 BriggsD.,121, 123 
 Merimac, The, 25 
 Mesner v. Suffolk Bank, 21, 23,62 
 Messenger, The, 210 
 Meyrick, Waterbury*., 32 
 Miller v. Kelly, 23 
 Minerva, The, 61, 89 
 Minnehaha, The, 38, 42, 43, 47, 
 
 138, 159, 160 
 Missouri, The, 135 
 Missouri's Cargo, The, 137 
 Mobile, The, 172 
 Montgomery ij. The T. P. Leathers, 
 
 20 
 Morning Star, The, 112 
 Mountaineer, The, 108 
 Mulgrave, The, 85, 204 
 Mullhouse, The, 136, 142 
 
 N. 
 
 Nathahibl Hoopbb, The, 31, 86, 
 
 107, 110 
 Nautilus, The, 203 
 Neptune, The, 19, 74, 139 
 Newman v. Walters, 25, 34, 
 
 156 
 Nicholaas Witzen, The, 106 
 Nicholson v. Chapman, 143, 156 
 Nicolai Heinrich, The, 84, 143, 
 
 160 
 HicoKna, The, 27, 104, 106, 109, 
 
 112, 202 
 Norden, The, 4, 27, 28 
 Nordsjernen, The, 162 
 Norma, The, 89, 90, 91, 93 
 
 North American, The, 168, 170, 
 
 202 
 North Carolina, The, 129, 134 
 North Carolina, The Schooner, 
 
 Housman ». , 97 
 North Star, The, 202 
 Northard v. Piper, 174 
 Norway, The, 168 . 
 Nostra Senora del Carmine, 167 
 Nuova Loanese, The, 99, 100 
 Nymphe, The, 202 
 
 0. 
 
 OoEAN, The, 12 
 Ootavia, The, 137 
 Orbona, The, 85, 144 
 Oscar, The, 89 
 Otto Hermann, The, 35, 77 
 
 Paoiho, The, 142 
 
 Paint, The J. G., 8 
 
 Paris, The, 106, 204 
 
 Patten, Blake v., 107 
 
 Paul, The, 92 
 
 Peace, The, 92, 93, 121 
 
 Pearl Dee, The, 4 
 
 Peerless, The, 170 
 
 Pensaeola, The, 117 
 
 Pentncket, The, 16 
 
 Peragio Sloop, Dulaney v. The, 37 
 
 Pericles, The, 4, 43 
 
 Perla, The, 106, 108, 110, 140 
 
 Persia, The, 2, 34 
 
 Persian, The, 94 
 
 Perth, The, 81 
 
 Petrel, The, 163 
 
 Phantom, The, i, 97, 98, 116. 
 
 211 
 Philadelphia, The, 176 
 Phillips 1). McCall, 22 
 Pickwick, The, 28, 60, 65, 74 
 Piper, Northard v., 174 
 Pontiao, The, 6, 8 
 Portia, The, 29 
 
TABLE OF CASES. 
 
 xm 
 
 Prendeville v. The Steam Navi- 
 
 gatioa Co., 207 
 Pride of Canada, The, 104, 106, 
 
 117 
 Prince of Wales, The, 7, 15, 57 
 Princess Alice, The, 39, 45, 175 
 Princess Helena, The, 111, 118, 
 
 145 
 Prins Frederik, The, 81, 127, 
 
 140 
 Prior, Tyson «)., 58 
 Progress, The, 90 
 Property Derelict, The King v., 
 
 15 
 Purissima Concepclon, The, 10, 
 
 47, 49, 137, 165 
 Pyreuee, The, 121 
 
 QnANTiTT OF Iroit, A, 65 
 
 Queen, The, 13 
 
 Queen Mab, The, 53, 64 
 
 K. 
 
 Kaft of Spaks, a, 15 
 Kaikes, The, 4, 81, 90 
 Eajasthan, The, 15, 106 
 Kanger, The, 5, 6, 204 
 Rapid, The, 50, 94 
 Eed Rover, The, 29, 46 
 Reed ■;;. Hnssey, 20 
 Regina del Mare, The, 164 
 Reid, McAUum v., 174 
 Reliance, The, 89 
 Repulse, The, 97, 100 
 Resultatet, The, 98, 99, 100, 
 
 173 
 Retriever, The, 13 
 Reward, The, 2, 44 
 Richmond, The Bark, Dexter v., 
 
 37 
 Rising Sun, The, 112, 137 
 R. M. Mills, The, 94 
 Robson V. The Huntress, 53 
 Roe, The, 14, 109 
 
 Rosalie, The, 14, 31, 50 
 Rosalind, The, 9 
 Rosehaugh, The, 33, 35, 36 
 Royal WilBam, The, 143 
 
 Rowe V. Brig , 58 
 
 Rutland, The, 89 
 
 Sabina, The, 93 
 
 S. A Boioe, The, 136 
 
 Saint Nicholas, The, 104, 106, 
 
 111 
 Salacia, The, 25, 83, 89, 95, 108, 
 
 112 
 Samuel, The, 9, 61, 64, 92, 100 
 San NicoU, The, 127 
 Sansome, The, 89, 98, 109 
 Santipore, The, 9, 73, 74 
 Sappho, The, 13 
 Sarah, The, 77 
 Sarah Bell, The, 59, 88 
 Sarah Jane, The, 98, 108, 119 
 Saratoga, The, 13, 41, 43, 83 
 Schooner John Wurts, The, 10 
 Schooner Wave, The, v. Hyer, 
 
 37 
 Schwalbe, The, 170 
 Scindia, The, 87, 206 
 Seaman v. The Erie Railway Co., 
 
 15 
 Selina, The, 93 
 Shannon, The, 81 
 Ship Canada, The, 8 
 Ship James, The, 97 
 Ship Warren, 37 
 Sidebotham, Laurence v., 85 
 SUver Bullion, The, 17, 53, 115, 
 
 116 
 Sims V. The Elizabeth and Jane, 
 
 62 
 Sir Ralph Abercrombie, The, 27, 
 
 86, 104,106 
 Small V. The Goods, 114 
 Smith, The British Consul v., 62 
 Sophie, The, 61 
 Sovereign, The, 172, 205 
 Speed, The, 170 
 
XIV 
 
 TABLE OF CASES. 
 
 Spirit of the Age, The, 27, 83, 
 
 103, 106, 111, 112 
 Star, The, 21, 23 
 Steamboat T. F. Leathers, The, 
 
 37 
 Steam Navigation Co., Prende- 
 
 ville v., 207 
 Stella, The, 90, 199 
 Stewart, The, 113 
 St. Catherine, The, 164 
 St. Lawrence, The, 202 
 St. Petersburgh, The, 61 
 St. Petre, Wilkie v. The, 62 
 Suffolk Ins. Co., Williams v. The, 
 
 22 
 Susannah, The, 202 
 Swan, The, 29 
 Swanland, The, 173 
 S. W. Downs, The, 9 
 Sylph, The, 165, 170 
 Syrian, The, 90 
 
 T. 
 
 Talbot v. Seeman, 2, 80 
 Tamarac, The, 168 
 Taylor v. Carryl, 163 
 Taylor v. Ship Cato, 20 
 Tees, The, 15, 106 
 Temiscouata, The, 161, 167 
 Theodore, The, 97, 100 
 Thetis, The, 50, 61, 86, 89, 109, 
 
 141 
 Thomas A. Scott, The, 81 
 Thomas Blyth, The, 83 
 Thomas Fielden, The, 80, 89 
 Thompson, Castellaine v., 156 
 Three Hundred and Forty Pigs of 
 
 Copper, Bearse v., 100 
 T. P. Leathers, The, 20, 29, 37, 
 
 62 
 Towan, The, 129, 146, 149, 169 
 Traveller, The, 2 
 Trelawney, The, 16 
 Tremont, The, 177 
 Trident, The, 202 
 Tritonia, The, 144 
 
 Triumph, The, 20 
 
 True Blue, The, 86, 87, 95, 98, 
 
 99, 106, 207 
 Two Catherines, The, 20 
 Two Friends, The, 19, 22, 30, 
 
 104, 11.?, 156 
 Tyson v. Prior, 58 
 
 U. 
 
 U. K., The, 42 
 
 Undaunted, The, 5, 7, 8, 9, 15 
 
 Underwriter, The, 8, 73 
 
 Union, The, 164 
 
 Upnor, The, 2 
 
 Urania, The, 16 
 
 V. 
 
 Vanocabd, The, 82, 110 
 
 Vargas, The, 175 
 
 Versailles, The, 2, 80 
 
 Vesta, The, 48, 89, 122, 210 
 
 Victor, The, 161, 168 
 
 Vine, The, 27, 112, 204 
 
 Virgil, The, 170 
 
 Volant, The, 167 
 
 Vrede, The, 19, 25 
 
 Vrouw Margaretha, The, 10, 172 
 
 W. 
 
 Walters, Newman «. 26, 34, 
 
 156 
 Warde v. La Belle Creole, 62 
 Warren, The, 37 
 Warrior, The, 19, 21, 22 
 Waterbnry v. Meyrick, 32 
 Waterloo, The, 29, 107, 112 
 Watt, The, 27, 47 
 Wear Packet, The, 130, 133 
 Westminster, The, 2, 10, 93, 97, 
 
 134 
 Westmoreland, The, 163 
 White Star, The, 38, 47 
 Wigtownshire, The, 83 
 
TABLE OF CASES. 
 
 Wilhelmine, The, 2 
 Wilkie V. The St. Petre, 62 
 WiUiam, The, 172, 202, 203, 205 
 Wm. Beckford, The, 77 
 WilUam Brandt, The, 39, 44 
 William Brandt, Junior, The, 39, 
 
 40 
 WUliam Hamilton, The, 89 
 WiUiam Hutt, The, 164 
 William and John, The, 98, 159, 
 
 198, 199 
 William Lushington, The, 96, 99 
 Wm. Penn, The, 113 t 
 
 Wm. Ward, The, 34 
 Williams v. A Box of Bullion, 
 
 85 
 
 Williams v. The Cargo of the 
 
 Adolphe, 58 
 Williams v. Suffolk Insurance Co., 
 
 22 
 WUsons, The, 50 
 Woodhall, Atkinson v., 104 
 
 Y. 
 
 Tonus James, The, 160 
 
 Z. 
 
 Zephyk, The, 29, 204 
 Zephyrus, The, 5 
 
THE LAW OF SALVAGE. 
 
 CHAPTEE I. 
 
 NATURE OF THE SERVICE, AND IN WHAT CASES 
 SALVAGE KEMUNERATION IS PAYABLE. 
 
 The word salvage is generally used to express Chap, l 
 both the property saved and the remuneration pay- 
 able to those who have rescued it. In the latter 
 sense, and the only one in which it has to be con- 
 sidered here, it may be shortly described as an 
 allowance made lor saving a ship or goods or both 
 from the damages of the seas, fire, pirates, or ene- 
 mies (a). 
 
 It may be laid down as a general rule, subject to ingredients 
 certain exceptions which will be presently noticed, ° ^'^ ™^''' 
 that the plaintiffs in a salvage suit will be required 
 to establish: 
 
 (1.) The fact that the vessel proceeded against 
 was in danger or distress; 
 
 (2). That the salvors rendered her assistance; 
 and 
 
 (3). That their efforts were successful. 
 
 (a) Park on Insurance, 7th cd. p. 214. 
 
THE LAW OF SALVAGE. 
 
 Chap. I. 
 
 Distress or 
 peril an 
 essential 
 ingredient. 
 
 Extent of 
 
 Distress of Vessel. 
 
 Distress or peril of some kind to the vessel re- 
 ceiving assistance is obviously a necessary ingredient 
 in a salvage service (b) ; but once a distress or peril 
 ■which elevates the services performed to the dignity 
 of salvage services is shown to have existed, its 
 extent is a matter which, however important its 
 bearing may be upon the amount of remuneration, 
 does not affect the nature of the service (e). 
 
 " According to the principles which are recognized 
 in this Court in questions of this description," says 
 
 (b) See Tlie Mary, 1 W. Kot. 448 ; Tlie Upnor, 2 Hagg. 
 3 ; The Persia, 1 Spinks, 166 ; Tkt Traveller, 3 Hagg. 371 ; 
 The Giacomo, Id. 344. And see the American case of The 
 Anastasia, 1 Bened. Adm. 166. In that case the plaintiff, 
 who "was a passenger on board an Italian vessel bound to 
 New York, alleged that the vessel having met with cold and 
 adverse winds, the captain, on the twenty-third day, when the 
 provisions and water were getting short, although the vessel 
 was then within thirty miles of Liverpool, Nova Scotia, an- 
 nounced his intention of putting hack for Bermuda, the port 
 from which he sailed, and th:it tV.er.'upon the plaintiff took 
 charee of the vessel and carried her into Liverpool, and the 
 plaintiif stated it to be his belief that if this had not been done 
 the vessel would have been lost. It was held that no salvaiie 
 was due, Benedict, J., observing, " The vessel had suffered 
 no injury from stress of weather, the master and crew were in 
 good health, sufi&cient in number for the ordinary crew of such 
 a vessel, and although their method of navigation would doubt- 
 less he far from satisfactory to most American seamen, they 
 were competent, after their fashion, and in their own time, to 
 complete the voyage. It is therefore not a case where the 
 extraordinary remedy which the libellant claims to have 
 resorted to was necessary for the salvation of the vessel." See 
 also The Elvira, Gilpin, 60—67. 
 
 (c) The Charlotte, 3 W. Rob. 71. See also Marvin, 108 ; 
 The Reward, 1 W. Rob. 174 ; The Westminster, Id. 229 ; The 
 Wilhelmine, 1 Notes of Cases, 376 ; The Eugenie, 3 Id. 430 ; 
 The Harbinger, 16 Jurist, 729 ; and the following American 
 cases : — Talbot v. Seeman, 1 Cranch, 1 ; The Versailles, 1 
 Curtis, 353 ; The Brig Alphonso, Id. 378 ; The Independence, 
 2 Id. 350. 
 
INGREDIENTS OF SALVAGE SERVICE. 3 
 
 Dr. Lushington, " all services rendered at sea to a chap. i. 
 vessel in distress are salvage services. It is not 
 necessary, I conceive, that the distress should be 
 actual or immediate, or that the danger should he 
 imminent and absolute; it will be sufficient if, at the 
 time the assistance is rendered, the vessel has en- 
 countered any damage or misfortune which might 
 possibly expose her to destruction if the services 
 were not rendered " (d). 
 
 In another case (e), where the vessel proceeded 
 against being on a dangerous coast, in imsettled 
 weather, with insufficient ground-tackle, and her 
 windlass and hawsepipe disabled, was towed into 
 port, the same learned judge held the service to be 
 one of salvage, observing, "The ship was certainly 
 not in any immediate danger, but, on the other 
 hand, she was on a most perilous coast, the weather 
 was unsettled, and if a gale had set on to the shore, 
 must have been in considerable danger from the 
 want of sufficient ground- tackle, and the disabled 
 condition of her hawsepipe and windlass." 
 
 Even though a vessel has sustained no real Appre- 
 
 j -c 1 ■ • ' • p hension of 
 
 damage, yet if she is in a position of reasonable danger suffi- 
 apprehension of actual danger, assistance rendered 
 to her under such circumstances will be of the nature 
 of a salvage service (f). 
 
 {d) The Charlotte, 3 W. Rob. 71. 
 
 (e) The Albion, Lusb. 282. See also "Salvage by Tugs," 
 post. 
 
 (/) " It certainly is a mistake as to the law of salvage to 
 suppose that in order to constitute a salvage service a vessel 
 mu£t be in actual danger at the time when the services are 
 rendered to her. The danger may be probable or imminent, 
 ■which may warrant the Court, according to the varying circum- 
 stances 01 each ease, in awarding a salvage remuneration." 
 
 B 2 
 
THE LAW OF SALVAGE. 
 
 Chap. I. 
 
 The degree of peril from which a vessel is res- 
 
 vessei's po- "ued is shown less by the opinion of witnesses, whose 
 
 "videuoe^of judgments are often warped by interest, or by an 
 
 '*"'• esprit de localite, than by the facts of the case, such 
 
 as the vessel's position, the state of the tide, course 
 
 and strength of the winds, and the knowledge or 
 
 ignorance of the dangers of the locality on the part 
 
 of those in charge (y); and where the crew of the 
 
 vessel proceeded against receives strange hands on 
 
 board, keeps them there, and takes the benefit of 
 
 their services, that fact will be some evidence of the 
 
 vessel being in distress {h). 
 
 Risk to the salvors may be said to be mainly of 
 importance as affecting their remuneration. It ne- 
 cessarily enhances the merit of the services they 
 render, and entitles them to a higher reward than 
 they would otherwise receive; but it is not a neces- 
 sary element in salvage (i). 
 
 Eisk to the 
 salvors not 
 essential. 
 
 .\ctual 
 assistance 
 must liuve 
 been ren- 
 dered. 
 
 The assistance rendered. 
 
 It is absolutely essential that the salvors should 
 have rendered actual assistance to the vessel in dis- 
 tress, and however great may have been the peril to 
 which the property was exposed, if it was not in fact 
 saved by their instrumentahty, no salvage can be 
 
 Per Sir Robert Phillimore, The Aztecs, 21 L. T. N. S. 797. 
 See also Tlie Raikes, 1 Hagg. 246 ; 2%e Phantom, L. 11. 1 Ad. 
 68 ; and see the American case 2'Ae Joseph C. Grigys, 1 
 Beued. A dm. 80. 
 
 ig) Marvin, 109, citing the American cases, The Pearl 
 Dee, 6 A.R. 2S2 ; The Elvira, Gilpin, 60. 
 
 (h) The Bomarsund, Lush. 77. 
 
 (i) Judgment of Dr. Lushiugton, The Pericles, B. & L. 80 
 81. Bee also The Bomarsund, Lush. 77 ; The Nordcn, 1 
 Spinks, 185 ; The Burns (Irish), 21 L. T. N. S. 232. 
 
TSTGEEDIENTS OF SALVAGE SERVICE. 
 
 allowed, however benevolent may have been their cnap. i. 
 intentions or heroic their conduct (Jc). 
 
 The mere fact of a vessel in distress having been 
 ultimately saved, does not of itself entitle those who 
 go out for the purpose of rendering assistance, to 
 salvage remuneration. They must prove that they 
 rendered actual assistance which contributed, or 
 might have contributed, to save the property. " In 
 all these cases," observes Dr. Lushington, "the first 
 consideration is whether any service has actually 
 been rendered by the party who claims the reward. 
 If any salvage service has been rendered, it may be 
 .that persons who have exerted themselves to accom- 
 pHsh the service, though they were not so fortunate 
 as to come up in time, may be let in collaterally to 
 a share, but I am not aware of any case in which, 
 however meritorious the exertion, or great the risk, 
 the Court has taken upon itself to award any re- 
 muneration, unless actual assistance was conferred 
 upon the party proceeded against. It is not a ques- 
 tion whether at any time there was danger or not; 
 it is not a question whether the salvors risked their 
 property and their lives ; but the foundation of the 
 jurisdiction and authority of the Court is, service 
 actually rendered (I)." Upon this principle, it was 
 held in a case where the crew of a lugger went 
 out at considerable risk, and in severe weather, for 
 the purpose of assisting a vessel whicli was in a 
 dangerous situation near the Halesborough Sand, off 
 
 (A) The Zephyrus, 1 W. Kob. 329, 330. See also The Atlas, 
 1 Lush. 518, 521 ; The Ranger, 9 Jurist, 119 ; The Edward 
 Hawkins, 1 Lush. 515, 516; The Undamted, Id. 90—92; 
 The Chetah, 39 L. J. Ad, 4 ; Marvin, 110. 
 
 (I) The Ranger, 3 Notes of Cases, 589—590. 
 
J THE LAW OF SALVAGE. 
 
 Chap. I. the coast of Norfolk, and had even actually touched 
 
 decisions. 
 
 the sand, but had got free from it before the lugger 
 approached her, that the alleged salvors, notwith- 
 standing the risk they encountered, were entitled to 
 no salvage remuneration {m). 
 American Some of the decisions of the American Courts 
 have been governed by the same principle. Thus, in 
 the case of the brig Dodge Sealy («), where a vessel 
 was floating down the Delaware Bay, imbedded in a 
 field of ice, and was temporarily deserted by her 
 crew, who feared she would strike upon certain 
 shoals, and be overwhelmed by the ice, and the 
 plaintiffs boarded her and claimed salvage, on the 
 pretence that they had cut away the ice, but it was 
 shown that the vessel avoided the shoal simply by 
 drifting in another direction, without the agency of 
 the plaintiffs, it was held that the vessel had not 
 been saved by their exertions, and that they were 
 consequently not entitled to salvage (o). 
 
 Success. 
 
 The salvage I* may as a general rule be stated, that success is 
 mult^have the main ground upon which a claim for salvage 
 ces™uT°' inust rest(^). The reward is for benefit actually 
 
 conferred in the preservation of property, and not 
 Where for meritorious services alone {q). If, however, a 
 
 vessel in distress accepts the services of strange 
 
 salvors' ser- 
 vices are 
 
 (m) The Ranger {ubi swpra). See also The Chetah, 38 L. J. 
 Ad. 4. 
 
 . (m) 4 Wash. 651. 
 
 i (o) See also The Pontiac, 1 Newberry, Ad. Kep. 130 ; and 
 The Alabamian, 2 A. R. 254. 
 
 {p) The Loekwoods, 9 Jurist, 1017. 
 
 (j) The India, 1 W. Rob. 406. 
 
mOREDIENTS OF SALVAGE SERVICE. / 
 
 hands, such services are in the nature of salvage, cbap i. 
 even although the work done may be of no great accepted 
 difficulty or importance (r) ; and if the salvors, entuM to 
 instead of being mere volunteers, are actually en- ^^ p*'"^- 
 gaged by the ship in distress, they are entitled to the salvors 
 be paid for the efforts they make, notwithstanding Volunteers. 
 their labours may prove of no benefit. Thus, where 
 a vessel which had in a gale of wind parted both 
 her anchors, requested a steamer to proceed to the 
 nearest port and bring off an anchor and cable, and 
 the steamer engaged two luggers for this purpose, 
 which, however, did not reach the vessel before she 
 got to a place of safety, it was held that the luggers 
 as well as the steamer were entitled to salvage (s). 
 
 And where a vessel, after having sustained damage 
 from a collision, which carried away her mizen-mast, 
 mizen-boom, main topmast, and main topsail-yard, 
 and smashed her wheel, lay at anchor in the Swin, 
 the master having attempted without success to put 
 into port for repairs; the master then entered into 
 an agreement with the crew of a lugger to take the 
 vessel into Harwich Harbour, and place her in a 
 proper berth for £30 ; the salvors made every pos- 
 sible effort to fulfil their contract, but in consequence 
 of a sudden change in the wind, it became impossible 
 for them to reach Harwich, and they took the vessel 
 back to an anchorage not far from where they origin- 
 ally found her, and remained on board during that 
 
 (r) The Bomarsvjnd, Lush. 77. As to the evidence ncces- 
 sai7 to prove a request for assistance, see the judgment of Lord 
 Kingsdown, The Annapolis, Lush. 355, 375. 
 
 (») The Undaunted, Lush. 90. See also The Prince of 
 Wales, 6 Notes of Cases, 39 ; The E. V., The Aztecs, 21 L. T. 
 N. S. 797 ; 1 Spinks, 63. 
 
o THE LAW OF SALVAG3. 
 
 (jHAP. I. night, and next morning assisted the crew in heaving 
 up the anchor. The weather subsequently moderat- 
 ing, the vessel was navigated up to Gravesend by her 
 own crew, without further assistance from the salvors. 
 A suit for salvage having been brought, it was con- 
 tended on behalf of the owner of the vessel, that no 
 salvage service was performed, and that the agree- 
 ment not having been fulfilled, the salvors were dis- 
 entitled to any remuneration. It was held, however, 
 by the Court of Admiralty, on appeal from the 
 County Court, that the salvors havdng been engaged, 
 and having performed their engagement as far as it 
 was possible to perform it, were entitled to be remu- 
 nerated, and the Court awarded them £40, with costs. 
 
 Lying by. If a vessel in a gale of wind hail a steamer to 
 lie by her to take her in tow, if required, and the 
 steamer do so, even should the ship ride out the 
 gale safely without the assistance of the steamer, the 
 latter would nevertheless be entitled to salvage (<). 
 
 American Upon the same principle, in the American case, 
 The Fontiao (u), salvage was decreed to persons who 
 had been actually engaged to render services which 
 did not in the result contribute to the safety of the 
 vessel. In that case the steamboat Pontiac was 
 imbedded in a gorge of ice, in the Ohio river, and in 
 a condition of great peril, and the salvor, at the re- 
 quest of the master and owner, both of whom, with all 
 the passengers, andmany of the officers and crew, left 
 the vessel, took charge of her in place of the master, 
 
 (t) Judgment of Dr. Lushington, The Undaunted, ubi supra. 
 And see the American cases, The Ship Canada, Bee, 90 ; The 
 Undermiier, i Blatch. C. C. 94 ; The J. G. Paint, 2 Bened. 
 174. 
 
 («) 1 Newberry, 130. 
 
 decisions. 
 
INGKEDIENTS OF SALVAGE SEKVICE. U 
 
 and was enjoined to save her if possible. The vessel chap. i. 
 was finally saved by -the providential breakingup of 
 the ice. It was held that the fact that the exertions 
 of the salvor did not save the steamer, she being 
 finally saved by the particular manner in which the ice 
 broke up, did not deprive him of salvage reward (x) . 
 
 If part of a salvage service is performed by one when 
 set of salvors, and the salvage is afterwards com- begin a ser- 
 pleted by others, the first set are entitled to reward ^here Com- 
 oro tanto for the services which they actually ren- ^ °"^' 
 der (y), and this even although the part they took, 
 standing by itself, would not, in fact, have effected 
 the salvage («). Thus, where the crews of a lifeboat 
 and lugger made great and meritorious exertions to 
 save a ship and cargo, but were at length compelled 
 to abandon her, and she was afterwards found and 
 saved by a steamer, the first salvors were, under 
 the circumstances, held to be entitled to salvage (o). 
 And where a vessel got on the rocks oif Folkestone, 
 and received assistance from some small boats which 
 were unable to get her oif, and a tug-steamer also 
 tried in vain, and a large passenger steamer towed 
 her off for a few minutes, when the hawser broke, 
 and she went ashore and became a wreck, but 
 her cargo, valued at a large amount, was saved, 
 it was held that the boats' crews, as well as the 
 steamers, were entitled to participate in the salvage 
 awarded (b) . 
 
 (x) See also The S. W. Downs, 1 Newbeixy, 458. 
 
 (2/) The Samuel, 15 Jur. 407 ; The Undaunted, 1 Lush. 90. 
 
 (z) Judgment of Sir John Coleridge, The Atlas, Lush. 518 - 
 527. See also The Jonge Sastiaan, 5 C. Kobinson, 323. 
 
 (a) The E. U., 1 Spinks, 63. See also The Genessee, 12 
 Jur. 401 ; The Rosalind (Irish case), 12 L. T. N. S. 553. 
 
 (6) The Santipore, 1 Spinks, 231. See also The Magdalen, 
 
10 
 
 THE LAW OF SALVAGE. 
 
 Chap. I. 
 
 Otherwise 
 ■when first 
 set abando 
 
 If, however, the first set of salvors abandon the 
 enterprise, cum animo non revertendi, before its 
 successful completion, they will have no legal claim 
 to salvage ; and if the abandonment is voluntarily 
 made without any advantage being taken of their 
 necessities by a second set, such second set may 
 intervene and save the property, and entitle them- 
 selves to the reward to the exclusion of the first, 
 although they afterwards return and claim to re- 
 engage in the service (c). 
 
 Ti*anship- 
 ment. 
 
 Advice. 
 
 Instances of Salvage Service. 
 
 The Court of Admiralty looks with jealousy on 
 salvage by transhipment, as leading to deception on 
 owners and underwriters (d), and will refuse to re- 
 gard mere transhipment of cargo by itself as a sal- 
 vage-service ; but if the cargo be in any danger 
 at the time, then the service assumes a salvage 
 character, and those rendering it are entitled to 
 be rewarded as salvors (e) . 
 
 It is doubtful whether the mere giving of advice 
 or information as to locality, even to a foreign vessel, 
 especially if the vessel proceeded against was in no 
 actual distress at the time, or required only pilotage 
 assistance, will entitle the person giving it to salvage 
 
 31 L. J. Ad. 22; The Coromandel, Swa. 205; T/ie Atlas, 
 Lush. 518. 
 
 (c) The India, 1 W. Rob. 406. See also Warvin, 142, and 
 the American cases, Schooner John Wurts, 1 Olcott, K. 462 ; 
 Tlie Henry Eubank, 1 Sum. 400. 
 
 (d) The Hope, 3 Hagg. 423, 424. 
 
 («) The Westminster, 1 W. Eob. 229; The Columbia, 3 Hagg. 
 428. See also The Pmissima Ooncepcion, 3 W. Kob. 181 • 
 and The Cargo Ex Honor, L. R. 1 Ad. 87. ■ 
 
INSTANCES OF SALVAGE SERVICE. 11 
 
 teward (/). If, however, the advice is accompanied chap. i. 
 by enterprise or risk on the part of those giving it, Advice ac- ~ 
 the service will be held to be one of salvage. Thus, ^"Pe"!^'^ 
 where a crew of salvors, whilst cruising outside the *'''°^- 
 cross sand between Caistor and Yarmouth, on the look- 
 out for vessels requiring pilots, observed a vessel under 
 all sail going before the wind, and steering for the 
 cross sand, the wind at the time blowing strong from 
 the east, and a considerable sea on, They bore down 
 upon the vessel, signalling her as they approached, to 
 warn her of her danger, but notwithstanding she ran 
 upon the sand, and hoisted a signal of distress. 
 The salvors then came up and lay off the edge of 
 the sand, and got out their boat, but as the sea was 
 breaking on the sand so as to render it dangerous to 
 attempt going alongside the brig, they hailed the 
 brig to haul in her port braces and to starboard her 
 helm. This advice was shortly afterwards complied 
 with, and the brig came off the sand, upon which 
 she had been about an hour, and then hove-to for 
 the salvors' boat to come alongside. The salvors 
 boarded with difficulty, and in doing so stove in 
 their boat. They found the vessel making water, 
 and gave the toaster instructions to steer so as to 
 keep clear of the sand. They offered to take the 
 vessel 'into Harvrich, but the master refused any 
 further assistance, and they then left. Upon these 
 
 (/) The Little Joe, Lnah. 88 ; The Yrauw Margaretha, i 
 C. Kobinson, 103. See, however, the American case, The 
 American Iron Co. v. Johnson, 1 Blat-chford & H. 30, where 
 Judge Betts stated it as his opinion, that if a salvor were to 
 give the master of a vessel warning of a reef upon which he was 
 ruaning, and if the master in consequence should change his 
 coarse and avoid the reef, that the warning wonld constitute a 
 salvage service. 
 
12 THE LAW OF SALVAGE. 
 
 Chap. I. facts the Court held that the advice given by the 
 salvors contributed to save the vessel, and avearded 
 them salvage remuneration (A). 
 Effect of The ignorance of the master in such a case vpill 
 
 master's ig- i t • 
 
 noranoe of not, under ordmary circumstances, tend to augment 
 
 locality. . - . . „ . _ 
 
 a service where simple pilotage only was required, 
 into one of salvage; but under other circumstances, 
 ignorance of locality may be an important matter (i), 
 because, as Dr. Lushington observes, when the 
 question is — what would be the probable fate of a 
 vessel so circumstanced if compelled to keep at sea ? 
 the entire ignorance of the parties adds to the 
 natural danger of the situation in which she is 
 placed {/c). 
 Commmi- Persons who communicate to a vessel which sub- 
 
 cating witll 
 
 salvors. " scquently renders salvage services, the condition of 
 the vessel in distress, and thus lead to her being 
 saved, are to be regarded as salvors. Thus, where 
 the master and crew of a fishing boat, at some risk 
 and danger, boarded a vessel in distress and con- 
 veyed a message to a steamer, which subsequently 
 went out to her assistance, they were held to be 
 entitled to salvage (l). And where a messenger tra- 
 velled a distance of twelve miles for the purpose of 
 procuring assistance for a vessel in distress, he was 
 decreed salvage remuneration (m). 
 
 Salvage in If one vessel save another from an impending 
 
 case of col- ^ o 
 
 lision. 
 
 (A) The Elisa, Lush. S36. 
 
 (i) The Cumberlamd, 9 Jur. 191, 192, ,i. 
 
 (A) Ibid. 
 
 (l) The Ocean, 2 W.Kob. 91. See also The Carrier Pigeon, 
 i Irish Jttrist, N. S. 99 ; and see the American case, Ship 
 Arctic, Bee, 232. 
 
 (to) The Elizabeth Bibhy, 3 Irish Jurist, 257. 
 
INSTANCES OF SALVAGE SERVICE. 13 
 
 collision, she will be entitled to salvage (n). But cu.ip. i. 
 where a collision happens between two vessels, and 
 both are to blame, the crew of one vessel cannot 
 claim salvage for rescuing part of the cargo on board 
 the other (o). 
 
 If, however, those rendering salvage services after 
 a collision are proved to have been the innocent 
 parties, they are entitled to claim as salvors, not- 
 withstanding the 33rd sec. of 25 & 26 Vic. c. 63, which 
 imposes upon vessels coming into collision the obli- 
 gation of rendering mutual assistance. Thus, where 
 a vessel, the Queen, came into collision with the 
 Sannihal, a vessel in tow of a tug, the Re- 
 triever, and the vessel held to blame (the Queen), 
 being in a position of danger, was towed by the 
 Setriever into port, the latter vessel was awarded 
 salvage, the Court holding that the rendering of 
 salvage services under the circumstances had not 
 been taken out of the category of a voluntary ser- 
 vice, and become a mere discharge of a positive duty 
 cast upon the salvor by the statute, and for the 
 neglect of which he would have been punishable (p). 
 The Court, however, is indisposed to encourage sal- 
 vage suits which are engrafted upon collision, espe- 
 cially where the services rendered are small (j). 
 
 («) The Saratoga, Luali. 318. See also The Annapolis, Id. 
 355. 
 
 (o) The Cargo ex Oapella, L. 11. 1 Ad. 356. 
 
 \p) The Hannihal and The Queen, L. R. 2 Adin. 53. See 
 The Sappho, Swa. 242. 
 
 (q) Judgment of Dr. Lushington, The Sappho, ubi supra. 
 See also The B. M. Hayes, Lush. 355, where a vessel whilst at 
 aachor was in danger of being mu into by another vessel tliat 
 had gone adrift, and a s^eam tug was uiade fast to the latter 
 vessel, and so prevented the collision, it was held that the 
 
14 THE LAW OF SALVAGE. 
 
 Chap. I, The Supplying men to a ship that is shorthanded^ 
 Supplying or ^ master to a vessel whose master has died or is 
 master and ^j^,^^ j^ ^ semce in the nature of salvage (r). Thus, 
 where the crew of the Soe, whilst on the high seas, 
 having heen much reduced hy death and sickness, 
 another vessel, the Ahdalla, supplied the deficiency 
 by two from among her own crew, it was held that 
 not only these men, hut the rest of the crew of the 
 Ahdalla were entitled to salvage {s). And where the 
 commander of H. M. ship Cygnet, having met with a 
 merchant vessel on the coast of Africa, the master 
 of which and one of the crew were sick, and the mate 
 incompetent to navigate her, removed the master 
 and sick seamen on board his own ship, and put his 
 gunner and three of his own men on board, accom-. 
 panying her in his own vessel and occasionally taking 
 her in tow, and the sailing master of the Cygnet sub- 
 sequently took charge of the vessel and brought her 
 to England, it was held that the commander was 
 entitled to claim salvage on behalf of himself, his 
 officers, and crew, in respect of such services (t). 
 Instances Saving the lives and property on board a burning 
 
 salvage ser- ship (m) ; assisting to extinguish the flames in a vessel 
 which has taken fire by spontaneous combustion and 
 towing her into port (pc) ; the towing into a place 
 
 service was too indirectly connected with the vessel at anchor 
 to sustain a claim for salvage against her. 
 
 (r) Tlie Janet Mitchell, Swa. Ill; The Oolondrina, L. B,. 1 
 Ad. 334. 
 
 (s) The Roe, Swa. 84. 
 
 (() The Charlotte Wylie, 5 Notes of Cases, 4. See also the 
 American cases, The Brig Alplumso, 1 Ourtis, C. C. 376 ; The 
 Geo. Nicholaua, 1 Newh. 449. 
 , (m) The Eastern Monarch, 1 Lush.. 81. 
 .,.(x) The Rosalie, 1 Spinks, 1S8. 
 
INSTANCES OF SALVAGE SERVICE. 15 
 
 of safety a vessel lying in dock and in danger of chap. i. 
 catching fire from surrounding warehouses which 
 were in flames (y) ; the saving the cargo from a vessel 
 driven on shore and wrecked {z) ; the rescuing of a 
 raft of timber floating out to sea (a) ; the bringing 
 into port a derelict vessel (a), or part of her 
 cargo (b); the furnishing an anchor and chain in 
 boisterous weather to a vessel at sea which had 
 slipped her cable (c) ; the getting a vessel afloat 
 which had driven ashore (i); the raising of a sunken 
 vessel by means of apparatus (e); the recapture of a 
 
 (y) The Tees and The Pentucket, 1 Lush. 505. See also 
 The Eleonore, 33 L.J. Ad. 19 ; Seaman r. The Brie Ry. Co., 
 2 Bened. 128 ; The Circassian, Id. 171 ; The Jack Jewett, Id. 
 463. 
 
 (s) A Raft of Spars, 1 Abbott, 485. If there be no public Salvors jus- 
 road equally convenient, salvors are authorized to pass and tifiedin 
 repass, with or without carriages or horses, upon any land crossing 
 adjoining the shore where there is a vessel stranded or in 
 distress, and they may deposit on such lands any articles 
 recovered from the vessel. They are, however, required to do 
 as little damage as possible, and for any damage that may be 
 done the owner has a charge upon the ship, boat, cargo, or 
 articles in respect of which it was occasioned, and may recover 
 the amount in the' same way as if it were salvage ('). If, 
 however, the owner should impede the salvors from passing or 
 repassing, or in depositing the cargo, or should prevent it, when 
 deposited, from remaining a reasonable time until it can be 
 removed into a place of safety, he incurs a penalty of 1001. (+). 
 
 (a) The Atlas, Lush. 518; The Coromandel, Swa. 205; 
 The Magdalen, 31 L. J. Ad. 22. 
 
 (Ij) The King v. Property Derelict, 1 Hagg. 383. 
 
 (c) The Undaunted, Lush. 90 ; The Prince of Wales, 6 
 Notes of Cases, 39. 
 
 ((/) The Rajasthan, Swa. 171; The Alfen, Id. 189; The 
 Himalaya, Id. 515 : and see the American cases, The J. T. 
 Abbott, 2 Sprague, 101 ; The M. B. Stetson, 2 Parson's Law 
 of Shipping, 288, n. 2. 
 
 {e) The Catherine, 12 Jurist, 632. 
 
 * 17 & 18 Vict. c. Wi, s. 4-16. 
 t Ibid. s. 447. 
 
16 THE LAW OF SALVAGE. 
 
 Chap. I. vessel from pirates (/), or from insurgent slaves [g), 
 or out of the hands of an enemy (K) ; and the rescue 
 and removal into deep water of a vessel which was 
 ashore and in danger of heing plundered hy 
 savages («), have all been held to be salvage ser- 
 vices. 
 statutory It is also to be observed that the Merchant Ship- 
 to remune- ping Act, 1854, has a very comprehensive provision 
 saivora. for the remuneration of those who assist vessels in 
 distress. By the 458th section it is enacted, that 
 whenever any ship or boat is stranded or otherwise 
 in distress on the shore of any sea or tidal water 
 situate within the limits of the United Kingdom, and 
 services are rendered by any persons, — 
 (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 are rendered, or by whom such 
 
 if) The Mariann, 3 Hagg. 206. See The Mary, 1 W. Eob. 
 448 ; The Calypso, 2 Hags. 209. 
 
 (g) The Tretawney, i 0. Kob. 223. See The Anne, 5 0. Eob. 
 100. 
 
 (A) The Beaver, 3 0. Rob. 292. See also The Louisa, 1 
 Dods. 317; The Frances and Eliza, 2 Dods. 115; The 
 Franklin, 4 0. Eob. 147 ; The Urania, 5 C. Kob. 147. 
 
 (i) The Lady Worsley, 2 Spinks, 253. But see The Go- 
 vernor Baffles, 2 Dods. 14, wbere it was held that the crew of 
 a ship eould not claim salvage for rescuing it from mutiDeers. 
 
LIFE SALVAGE. 
 
 wreck is saved, a reasonable amount of salvage, to- uhap. 
 getter with all expenses properly incurred by him 
 in the performance of such services or the saving of 
 such wreck (^). 
 
 By the same Act, any landowner who sustains 
 damage in consequence of salvors passing over his 
 land, or depositing salvage property upon it, has a 
 charge upon the property for the amount of damage, 
 and may recover it as salvage (I). And any person 
 who gives information to the Keceiver of Wreck, 
 which leads to the discovery of concealed wreck, is 
 entitled to receive as salvage such sum not exceeding 
 £5 as the Receiver to whom the information is given 
 may allow (m). 
 
 Life Salvage. 
 
 Formerly the Court of Admiralty had no autho- Life 
 rity to give salvors any reward for the saving of '*^''^'^' 
 human life in cases where it was not connected with 
 the preservation of property (n). To remedy this 
 defect in the law, it was provided by the Merchant 
 Shipping Act, 1854, as already pointed out, that 
 reasonable salvage should be payable to those who 
 rendered assistance in saving the lives of the persons 
 ielonging to any ship or hoat (words which have 
 been held to include passengers as well as sea- 
 men) (o) stranded, or otherwise in distress, on the 
 
 (Ic) 17 & 18 Vict. c. 104, B. 458. 
 
 (I) Ibid. s. 446. 
 
 (m) 17 & 18 Viet. c. 104, s. 451. The New Mercliaut 
 Shipping Code Bill does not propose to make any essential 
 alteration in the above provisions. 
 
 (n) The Silver Bullion, 2 Spinks, 70, 74. 
 
 (0) The FusUiers, 34 L. J. Ad. 25. 
 
18 . THE LAW OF SALVAGE. 
 
 Chap. I. shore of any sea or tidal water -within the limits of 
 the United Kingdom. These provisions were suh- 
 sequently extended to salvage of Hfe from any 
 British ship or boat " wheresoever the services may 
 have been rendered, and from any foreign ship or 
 boat where the services have been rendered either 
 wholly or in part in British waters" (p). In cases 
 of life salvage not coming within these provisions, 
 such as the saving of life alone on board the ship of 
 a foreign state on the high seas and out of British 
 jurisdiction, the old law continues to prevail, and 
 the Court of Admiralty has no authority to decree 
 salvage (q). 
 Priority of Life salvage takes priority over all other claims 
 
 life salvage. ' ^ . 
 
 for salvage; and where the vessel is destroyed, or her 
 value insufficient, after payment of expenses, to re- 
 munerate the salvors, the Board of Trade is em- 
 powered to compensate them out of the Mercantile 
 Marine Fund (r) . 
 
 The effect of the risk of human life as involving 
 the remuneration of the salvors and the liability of 
 the cargo to bear its proportion of the salvage paid 
 for the rescue of human Ufe, will be found in a 
 subsequent part of the volume under the heads 
 "Amount of Salvage" and "Contribution." 
 
 (p) 24 Vict. u. 10, s. 9. 
 
 (g) The Johcmries, 1 Lush. 182. For provisioDs enabling 
 the Queen by Order in Council to apply the .provisions of the 
 Merchant Shipping Act, 1854, to foreign ships in respect of 
 salvage services rendered to them on the high seas, see 25 & 26 
 Vict. c. 63, ss. 69, 61, 62, 63. By Order in Council of 7th 
 April, 1884, they have been extended to Prussian ships. 
 
 (r) S. 459 of 17 & 18 Vict. c. 104. See also Tlie Uoro- 
 mandel, Swa. 205 ; The BartUy, Id. 199. 
 
19 
 
 CHAPTER 11. 
 
 WHO MAY CLAIM AS SALVOES. 
 
 The Grew. 
 The crew of a vessel being bound by their contract CHAr. ii. 
 
 to do their utmost to save the ship and cargo in case crew in- 
 of danger or wreck, it is a general and almost inflexi- being sai- 
 ble rule that they are not permitted to assume the connected 
 character of salvors [a]. If, however, the contract „ , 
 
 ^ ^ ' _ But are on 
 
 between the owners and the crew be terminated by abandon- 
 
 *' ment of 
 
 the abandonment of the vessel, the crew may be- vessel. 
 come entitled to salvage reward for the services they 
 subsequently render tovpards the preservation of the 
 ship or cargo (b). Thus, where a vessel was, by order 
 of her master, abandoned at sea, and on the next day 
 her crew, who had been put on board a steamer, 
 having fallen in with their ship, volunteered to 
 return to her without the master, and with the assist- 
 ance of a smack and other boats, brought her into 
 port, they were held entitled to salvage reward (c). 
 
 (a) See Tlie Governor Raffles, 2 Dods. 1 4, where tbe crew of 
 a vessel who subdued a dangerous mutiny and retook their 
 vessel, were held entitled to no salvage reward. See also The 
 Two Friends, 1 0. Kob. 271, 278 ; The Beaver, 3 0. Rub. 292./ 
 
 (6) The Florence, 16 Jur. 572 ; The Warrior, 1 Lush. 4761 
 The NcptvMC, 1 Has^g. 227—237 ; The Yrede, 30 L. J. Adm.\ 
 209. 
 
 (c) The Florence, ubi supra. See also the American case. 
 The Blaireau, 2 Cranch. 240, where a seaman who had been 
 
 c 2 
 
20 
 
 THE LAW OF SALVAGE. 
 
 Chap. II. 
 
 What 
 
 amounts to 
 abandon- 
 ment. 
 
 An abandonment, to operate as a dissolution of the 
 contract, must, however, be bond fide and final. In 
 giving judgment in the case of The Florence (d), Dr. 
 Lushington observes : " First, the abandonment must 
 take place at sea, and not upon the coast, for if a 
 ship be driven upon a coast and becomes a wreck, 
 and the mariners escape to the shore, the contract 
 enures to this extent at least, that if they act as 
 salvors, and successfully, so as to save enough to pay 
 their wages, they will be entitled to them (e), though 
 not to salvage ; if they do not so exert themselves, 
 their wages are lost. Secondly, the abandonment 
 must be sine spe revertendi, for no one would contend 
 that a temporary abandonment, such as frequently 
 
 left on board by the master and the rest of the crew, who 
 abandoned their vessel on account of the damage done to it in 
 a collision, and went on board the colliding vessel, it was held 
 that he "was discharged from his obligations to the ship, and 
 might become a salvor on an equal footing with other salvors. 
 See also the nearly similar case, The Triumph, 1 Sprague, 428, 
 where a seaman left on board a ship under like circumstances, 
 although against his will, was held entitled to salvage; and 
 see Taylor v. Ship Cato, 1 Peters, Adm. 48 ; Monlgomery v. 
 The T. P. Leathers, 1 Newb. Adm. 421 ; and The Holder 
 ■Borden, 1 Sprague, 144 ; and 10 Amer. Law Rep, 193, where 
 a whaler having been wrecked on an uninhabited island, the 
 crew rescued part of the oil from the wreck, placed it on the 
 island, and having built a schooner out of the remnants of 
 the wrecked ship, reached the main land, carrying with them 
 the cables and anchors of the vessel and part of the oil. They 
 were refused salvage for saving the oil, but it was held that the 
 schooner built by them was their property, and that as owners 
 they were entitledsto compensation for the transportation. See 
 also Meed v. Hiissey, Blatchford &, H. Adm. 543 ; The 
 Down, Daveis, 121 ; The Two Catherines, 2 Mass. 319 ; The 
 John Taylor, Newb. 341. 
 , {d) 10 Jurist, 572. 
 
 (e) Seamen are now entitled to be paid their wages up to the 
 time of wreck, whether freight be earned or not. ' 17 & 18 
 Vict. t. 104, s. 183. No change in the law in this respect is 
 propoi^ed in the new Merchant Shippijig Code. 
 
■WHO MAT CLAIM AS SALVOfiS. — CREW. 21 
 
 occurs in collisions, from immediate fear, before chap. ir. 
 the state of the ship is known, would vacate the 
 contract (/"). Thirdly, the abandonment must be 
 iond fide for the purpose of saving life. Fourthly, it 
 must be by order of the master, in consequence of 
 danger, by reason of damage to the ship, and the 
 state of the elements. The master is, I conceive, the 
 proper person to form a judgment whether abandon- 
 ment be absolutely necessary or not. He is the 
 person whom the owners have voluntarily intrusted 
 with the command of their vessel, and the care of 
 the property embarked in it. They must be taken 
 to have deemed him competent to the discharge of 
 the duties committed to him, and especially that he 
 would not, without adequate cause, leave to destruc- 
 tion their property. Again, there cannot be a reason- 
 able doubt, I think, that in all cases of bond fide 
 abandonment the crew are justified in obeying the 
 orders of the master (y); it must be presumed that 
 he is the most competent judge of the degree of 
 danger, and the last who would quit without a rational 
 belief that there existed that degree of danger to life 
 which rendered the abandonment a duty. I say a 
 duty, for I consider it clearly to be a duty not to 
 sacrifice human life ; what the degree of danger is 
 which would justify the master in adopting this 
 measure cannot be defined." 
 
 Capture by a belligerent dissolves or suspends the Contract 
 
 . , 1 1 ■ 1 mi dissolved on 
 
 connection between the seamen and their vessel, ihe capture of 
 men no longer constitute the crew of the vessel, but enemy. 
 
 (/) See the American cases, Meener v. Suffolk Banh, and 
 The Star, post, which were decided on this principle. 
 {g) See The Warrior, post. 
 
23 THE LAW OF SALVAGE. 
 
 Chap. II. become prisoners of war. It is no part of their 
 
 duty to attempt a rescue, and if they do rescue 
 
 the vessel from the enemy, they are entitled to 
 
 salvage [h). 
 
 Contract Even if there be no abandonment of the vessel, the 
 
 dissolved by 
 
 discharge, seamen's contract may be dissolved by the act of the 
 master in discharging the crew, and they vfould be 
 entitled to avail themselves of the discharge so as to 
 claim salvage for subsequent services, and their rights 
 in this respect vfould not be affected by the fact that 
 the master in discharging them vpas acting contrary 
 to the interests of his owners, so long as they (the 
 men) were not parties to his misconduct (i). Thus, 
 where a ship, in calm weather, went by accident 
 on a rocky beach, beat heavily, and in half an hour 
 filled with water, and the master and crew imme- 
 diately quitted the vessel and went on shore, and 
 the next day the master discharged all the officers 
 and crew, and afterwards, on the same day, some of 
 the crew, at the suggestion of the mate, returned to 
 the ship, and after working for several days, succeeded 
 in saving part of her stores and a considerable amount 
 of cargo before she broke up: it was held that the 
 contract between the shipowners and the seamen was 
 dissolved, not by the abandonment of the ship, but 
 by the discharge given by the master, and that the 
 crew having (as was proved) been guilty of no fraud 
 in accepting their discharge, were entitled to sal- 
 vage {Je). 
 
 (h) The Two Friends, 1 C. Kob. 271. See also the American 
 cases, Phillips v. McCall, i Wash. C. C. 141 ; The Harmony, 
 1 Peters, 70 ; Williams v. Suffolk Ins. Co., 3 Sum. 270. 
 
 (j) The Warrior, Lush. 476. 
 
 (*;) Ibid. 
 
WHO MAT CLAIM AS SALVOES. — CREW. 23 
 
 The American Courts have recognised the priu- chai-. ii 
 ciples laid down in the Enghsh Court of Admiralty Amerifan 
 as to the incapacity of a seaman to acquire salvage capacity of 
 in respect of ser\-ices rendered during his connec- °'''^'^ ^°_, . 
 tion with the vessel. Thus, where a steamer was ™se- 
 so severely injured by a colhsion at sea as to be 
 deemed in immediate danger of sinking, and the 
 captain, passengers, and crew abandoned her for 
 the safety of their lives, the passengers going on 
 board the colliding vessel, and the master and 
 crew, remaining near the wreck in their boats. 
 They were employed in saving articles found float- 
 ing, but after a short time, as the steamer, though 
 fiill of water, did not sink, they went on board again 
 for the purpose of saving, and did save, baggage, 
 money, and other property, to a large amount: it was 
 held, that their services did not exceed the limits of 
 their duty as the crew of the vessel, and that they 
 were not entitled to salvage (Z). And where, in 
 another case of collision, the master and crew of one 
 of the vessels, fearing that their vessel would sink, 
 went on board the other for safety, and while the 
 vessels were interlocked, a part of the crew returned 
 to their own vessel, and, the vessels having immedi- 
 ately afterwards parted, succeeded in bringing her 
 into port, they were held not to be entitled to sal- 
 vage (m). 
 
 The American Courts have, however, qualified the American 
 
 . decisions on 
 
 principle above laid down, so as to admit the crew to salvage ser- 
 
 (l) Mesner v. Suffolk Bank, 1 American Law Eep. 249. 
 
 (m) The Star, 14 American Law Sep. 4S7. See also Miller 
 V. Kelly, Abtott'a Ad. Eep. 564 ; Tlie John Perkins, 21 
 American Law Rep. 87 ; The Acorn and Speedwell, Id. 99. 
 
24 THE LAW OF SALVAGE. 
 
 CuAP. II, claim salvage remuneration for services outside the 
 vice outside fair and reasonable obligations of their contract. 
 di>^tyofsea- rpj^^^^ -^ ^j^g ^^^^ ^j- ^^^ -^^^^ Sale {n), the mate 
 
 and four seamen, at the request of the master, crossed 
 the Gulf Stream from Key Sal, on the Bahama coast, 
 to Key West, a distance of 180 miles, in an open 
 boat, during bad weather, and in much peril of their 
 lives, in order to procure assistance to take off the 
 passengers and crew from the wreck, and to save the 
 cargo. They succeeded in procuring assistance, by 
 means of which the passengers and cargo were saved. 
 It was held by the Court, that these services ex- 
 ceeded the duty they owed to the ship, and entitled 
 them to salvage. In another case (o), where part of 
 the crew of a vessel inclosed in a field of ice off the 
 mouth of Boston Harbour, voluntarily remained on 
 board their vessel under circumstances of great peril, 
 and rendered valuable service in rescuing the vessel 
 after the master and the rest of the crew had, for the 
 safety of their lives, abandoned her and gone ashore, 
 and other crews involved in similar peril had done 
 the same thing, it was held, that as the crew might, 
 without any dereliction of duty, have left the vessel, 
 their remaining might be justly considered as an act 
 beyond what was required by the just and fair obliga- 
 tions of their contract, and that for the services they 
 rendered they were entitled to a reward in the nature 
 of salvage, but less in amount than would be allowed 
 to strangers, for they continued to owe service to 
 the ship under their contract, which still subsisted. 
 
 (n) Reported in Marvin on Wreck and Salvage, p, 161. 
 (oj The Acorn, 19 Law Rep. 499, cited in Marvin, p. 
 162. 
 
WHO MAT CLAIM AS SALTOES. — PASSENGEES. 25 
 
 although not precisely the service which was ren- Q^i^p n. 
 dered(p). 
 
 Fassencfers, 
 
 It has been laid down that passengers on board Passengers 
 a vessel in distress cannot claim salvage for any saved. 
 assistance they render towards preserving the ship 
 and cargo, it being incumbent upon all on board to 
 assist where there is a common danger (q), and that 
 if the passengers of a vessel that has received in- 
 jury, but is in no immediate danger, remain on board 
 and assist at the pamps until the arrival of the ship in 
 port, they will not be entitled to salvage (r). A pas- 
 senger is not, however, obliged to hazard his own 
 safety in order to save the ship or cargo, and if he 
 voluntarily remains on board, and makes extraordi- 
 nary exertions on behalf of the ship, he will be 
 entitled to be remunerated as a salvor (s) ; and where 
 a passenger took the command of and brought safely 
 into port a ship that had been abandoned by her 
 crew, he was held to be so entitled {t). 
 
 In the American case. The Merimac (m), a number 
 of troops who, whilst being carried (under a con- 
 tract with their government) on board a steamer, by 
 
 {p) See also The Holdej^ 
 American Law Eep. 193. (. 
 
 (}) The Branston, 2 Hagg. 3, n. 
 
 (r) The Vrede, I Lush. 322. 
 
 (s) Ibid. In this case Dr. Lnshington is thus reported : — 
 " Services rendered by passengers must have occurred over and 
 over again, yet, except the cases of The Branston and The 
 Salacia, there is apparently no precedent on which a claim for 
 salvage by a passenger has been prosecuted in this Court." 
 
 (t) Newman v. Walters, 3 Bos. & P, 612. See also The 
 Salacia, 2 Hagg. 262. 
 
 («) 18 L. T. S. S. 92. 
 
26 
 
 THE LAW OF SALVAGE. 
 
 Chap. II. 
 
 Bailifl. 
 
 Salvage a 
 reward for 
 personal 
 exertions 
 only. 
 
 severe and organised efforts under the command of 
 their officers, kept the vessel afloat after she had 
 sprung a leak, until she was brought into a place of 
 safety, were held not to be passengers, but entitled 
 to salvage reward. 
 
 In another American case. The Great Eastern {x), 
 that vessel having disabled her paddle-wheels, and 
 broken her rudder-shaft in a gale, lay in the trough 
 of the sea for about thirty-six hours, during which 
 time the officers of the ship had endeavoured in vain 
 to repair the damage. The claimant, a passenger oij 
 board, with the consent of the captain of the ship 
 undertook to put in execution a plan which he had 
 himself devised for steering the ship, superintended 
 the work, and after about twenty-four hours' work suc- 
 ceeded in bringing the vessel out of the trough of the 
 sea, and enabling her to come into port in safety. 
 The Court held this to be a salvage service, and 
 awarded the passenger £3000. 
 
 It is no answer to a claim for salvage that the name 
 of the person rendering the service appeared in a 
 warrant as bailiff for the seizure of the ship and 
 cargo (y). 
 
 Shipowner. 
 
 The rewarding of meritorious personal exertions 
 being one of the principal grounds upon which the 
 Court of Admiralty gives salvage remuneration, it 
 follows, as a general rule, that no one can sustain a 
 suit for salvage who was not personally engaged in 
 
 (x) 11 L. T. N. S. 616. 
 (y) The John Bryant, 5 Irish Jur. 233. 
 American case, Le Tigre, 3 Wash. C. C. 567. 
 
 See also the 
 
■WHO MAY CLAIM AS SALVOE.— SHIPOWNEE. 27 
 
 the service which formed the foundation of the claim. Cbap. ii. 
 Where the claimant is proved to have done no more 
 than send other persons to assist the vessel in dis- 
 tress, the Court vrill refuse to recognize his right to 
 participate in the sum which it awards («). 
 
 The owner of a vessel whose crew renders salvage shipowner's 
 
 ° title to sal- 
 assistance, however, stands upon a different footing, vage. 
 
 Although he may not have been actively engaged in 
 the undertaking, and may have incurred no personal 
 risk whatever, yet he is almost invariably entitled to 
 participate in any salvage that may be awarded, and 
 to sue the assisted vessel for the recovery of his 
 demand. It has been held that where the salving 
 vessel has either been diverted from her proper 
 employment or has experienced a special mischief, 
 occasioning to the owners any inconvenience or loss 
 for which an equitable compensation could be rea- 
 sonably claimed {a), or where officers or men have 
 left her for the purpose of assisting a vessel that had 
 become shorthanded (6), the owner is entitled to share 
 in the reward; and that even in the absence of any 
 danger, the fact that a vessel has been detained whilst 
 giving assistance to the distressed vessel, is in itself 
 
 (z) The Tine, 2 Hagg. 1 ;• The Aquila, 1 C. Bob. 37. In 
 these cases, the Court rejected the claims of an officer of 
 Coast Guard, who sent a hoat and a detachment of his men, but 
 did not assist in person, and of a magistrate, who sent fifteen 
 men, to whom he had administered an oath, to assist a vessel 
 in distress. See also- The Watt, 2 W. Bob. 70 ; The Lively, 
 3 Id. 6i. 
 
 (a) The Tine, ubi supra; The Charlotte, 3 W. Kob. 68, 
 72. 
 
 (S) The Janet Mitchell, Swa. Ill ; The Nicolina,2 W. Kob. 
 175. See also as to the right of owners to participate, The 
 Martin Lvtlver, Swa. 287 ; The Spirit of the Age, Id. 286 ; 
 The Sir Ralph Abercrombie, L. R. 1 P. 0. 454 ; The Norden, 
 1 Spinks, 185. 
 
28 
 
 THE LAW OF SALVAGE. 
 
 Chap. II. 
 
 Hirer of ship 
 claiming as 
 salvor. 
 
 Chartered 
 vessels. 
 
 sufficient to support the claim of the owner to a 
 portion of the salvage (c) . 
 
 When the underwriters of a vessel and cargo that 
 had heen abandoned hired another vessel, and sub- 
 sequently succeeded in saving the ship and cargo, 
 they were held entitled to sue as salvors, being looked 
 upon as the owners, for the time being, of the hired 
 ship (cT). 
 
 It is difficult to imagine a state of things where 
 salvage assistance is rendered on the high seas, in 
 which the salving vessel has not incurred a risk, disad- 
 vantage, or delay sufficient to sustain a salvage claim 
 by the owner; and it also not unfrequently happens, 
 especially in the case of steam ships, that the vessel 
 is the principal salvor (e) . 
 
 Where the vessel assisting, and the vessel receiving 
 assistance, belong to the same owner, no salvage 
 remuneration is payable. The rule has been held to 
 apply where the vessel saved, although not the pro- 
 perty of the owner of the salving vessel, was char- 
 tered by him under a contract which stipulated that 
 he should provide and pay the master and crew (/), 
 If, however, the possession of the chartered vessel 
 continued in her owner, and did not pass to the 
 charterer, as has been held to be the case where the 
 contract stipulated that the owner should appoint 
 the master and crew, find ship's stores, and pay 
 crew's wages, salvage will be payable as in other 
 
 (c) Tlie Norden, uii supra ; The Baidee, 1 Notes of Cases, 
 594. 
 
 (d) The Pickwick, 16 Jurist, 669. 
 
 (e) See further on the subject, title " Apportionment," post. 
 
 ■ (f) The Maria Jane, 14 Jurist, 857. See The Alfen, Swa. 
 181». 
 
WHO MAY CLAIM AS SALVOES. ^VJ 
 
 cases. The circumstance may, however, affect the Chip. ii. 
 quantum to be awarded (y). 
 
 Associated Vessels. 
 
 Where vessels sail together under an agreement to Associate 
 render mutual assistance, no salvage remuneration is 
 payable for aay services which one of them may 
 render to the other (7j). Such an agreement must, 
 however, be clearly established (j). 
 
 When two British ships meet in distant parts of 
 the world, common and ordinary service is generally 
 expected to be rendered by the one to the other; 
 yet, if the service partake of the true description of 
 salvage, the party rendering it has a right, if he 
 chooses, to sue for salvage remuneration (F) ; and 
 when vessels proceed on the same voyage, leaving 
 port nearly together, and assistance is rendered by 
 one to the other, without deviation from her proper 
 course, the association of the vessels affords no answer 
 to a claim for salvage, although it would affect the 
 
 iff) The Collier, L. R. 1 Ad. 83 ; The Waterloo, 2 Doda. 433. 
 
 (h) The Zephyr, 2 Hag^. 43. 
 
 (i) The Waterloo,'-! Dods. 433-43G. Lord Stowell, p. 436 : 
 '"I confess I think that the claim of being discharged from a 
 liability to salvage, is one which the Court would not be justified 
 in admitting unless the discharge appeared in express terms, 
 and in a contract that by the use of clear and explicit language, 
 should remove all doubt respecting the common uaderstandiog 
 of both parties. A clear and general right ought not to be 
 ousted by questionable expressions and violent constructions." 
 See also The Margaret, 2 Hagg. 48 ; The Swan, 1 W. Rob. 68, 
 note; The Harriot, 1 W. Rob. 439; The Red Rover, 3 W. 
 Bob. 15U ; The Africa, 1 Spinks, 299 ; The Gravina, Pritohard's 
 Digest, 811 ; and the American case, The T. P. Leathers, 1 
 Newb. 421. 
 
 (Ic) Judgment of Dr. Luskingtoa, The Portia, 9 Jurist, 
 167-S. 
 
30 THE LAW OF SALVAGE. 
 
 Chap. II. amount of remuneration which, in such a case, would 
 not be considerable {I). 
 Part-owner The fact that a part-owner of the salving vessel 
 
 of both ves- ■ I , . ,, 11T1 T 
 
 seisciaiming has also an mterest m the vessel salved, does not dis- 
 entitle his co-owners to sue for salvage. They must, 
 however, deduct from the value of the entire service 
 the share which would have been due to the part- 
 owner if he could have joined as plaintiff (w). 
 Boat-owner Where the salvors get to the vessel in distress by 
 salvage. means of boats belonging to a person who does not 
 personally assist in the undertaking, the mere cir- 
 cumstance that his boats enabled the salvors to 
 render the required assistance does not entitle the 
 boat-owner to sue as a salvor; and where the crew 
 of a stranded vessel, having taken to their boats, and, 
 in making for the nearest land, fell in with and suc- 
 ceeded in saving a ship that had been abandoned, a 
 claim by the owner for salvage on the ground that 
 the salvors were enabled to reach the vessel solely 
 by means of his boats, sails, and compass, was re- 
 jected (h). The Court, however, has allowed a 
 person who sent his boats to render salvage ser- 
 vice a sum out of the salvage awarded, by way of 
 equitable compensation for the use of the boats (o) ; 
 and it is submitted upon principle, that where boats 
 so engaged are injured or placed in jeopardy during 
 the service, the owner would be entitled to claim as 
 a salvor in respect of the loss or risk which he sus- 
 tains. 
 
 {1} Judgment of Dr. Lushington, The Ganges,' 1 Notes of 
 Cases, 87—90 ; The Two Friends, 8 Jurist, 1011. 
 (m) The Caroline, 1 Lush. 334. 
 («) The Two Friends, 2 W. Rob. 349. 
 (0) The Charlotte, 3 W. Rob. 68. 
 
WHO MAT CLAIM AS SALVOES. 31 
 
 Chav. II. 
 
 Vessels of Moyal Navy. 
 
 With respect to salvage services rendered by Salvage by 
 vessels belonging to the Royal Navy, it is provided Eoyai°Navy. 
 by the 484th section of the Merchant Shipping Act, 
 1 854, that " no claim shall be made or allowed for 
 any loss, damage, or risk thereby caused to such 
 ship, or to the stores, tackle, or furniture thereof, 
 or for the use of any stores or other articles be- 
 longing to Her Majesty supplied in order to effect 
 such services, or for any other expense or loss 
 sustained by Her ilajesty by reason of such ser- 
 vices" (^). 
 
 Owner of Cargo. 
 
 There does not appear to be any instance in our owner of 
 Courts of a- claim by the owners of cargo on board no?oiaim 
 the salving vessel to participate in the salvage 
 awarded. There are a few such cases in the American 
 Reports. In the case of Sond v. The Brig Cora [h), 
 the owner of the cargo on board the salving vessel 
 joined in the salvage suit, but the claim was refused, 
 with costs. In an earlier case. The Blaireau, decided 
 in 1804 (i), the owners of the cargo on board the 
 salving vessel were awarded a proportion of the 
 
 (g) 17 & 18 Vict. 0. 104, s. 484. See also The Rosalie, 1 
 Spinks, IBS. In Ilea of the proTisiims contained in the 
 above section, it is proposed by the new Merchant Shipping 
 Code, s. 417, to provide that a daim rnay be allowed for the 
 cost of any stores belonging to Her Majesty supplied to any 
 ship in distress, but that no claim shall be allowed for the 
 risk, loss, or damage of any ship belonging to Her Majesty, or 
 of the appurtenances on board such ship. 
 
 (A) Peters, 361. See aUo The Nathaniel Hooper, 3 Sum. 
 542. 
 
 (i) 2 Cranch. 240. 
 
32 
 
 THE LAW OP SALVAGE. 
 
 American 
 law. 
 
 Chap. II. Salvage; but in that case one of the owners con- 
 sented to the salvage services being performed, and 
 the Court seems to have considered that his acts 
 went so far as to charge himself and his co-owner 
 with the hazards to be encountered by the cargo. 
 
 The American law as to the right of shipowners to 
 sue for salvage, differs in no way from that of this 
 country. There are many instances of such claims, 
 and the decision of Mr. Justice Betts in Waterbury 
 V. Meyrich (l), affords a valuable illustration of the 
 principle that the shipowner's claim to participate in 
 salvage rests, in all cases, on the risk and damage 
 to which his property is, or may be, exposed. In 
 that case the master of a vessel left his ship at the 
 outward port, and by pledging part of the cargo 
 belonging to his owners and other shippers, hired 
 another vessel, performed a salvage service, and re- 
 ceived the salvage remuneration: it was held, that 
 the owners of the vessel to which the master belonged 
 were not entitled to participate in the salvage, their 
 vessel not having been used in the adventure, and 
 that their remedy against the master was by action 
 at common law for his breach of duty. 
 
 Pilots. 
 
 Pilots being bound by the nature of their employ- 
 
 Pil"t» c.in- 
 
 not claim - - a .- 
 
 saivaue for ment to be always ready to go out to vessels requir- 
 reuderedin ing their assistance — unless it be at the risk of their 
 
 the course -it 
 
 of tbejr em- lives — caimot, in the absence of exceptional circum- 
 stances, entitle themselves to salvage by what they 
 
 (/) Blatcbford & H. Adm. Eep, 34. 
 
WHO MAY CLAIM AS SALVOBS. PILOTS. 33 
 
 may do in the course of their duty(OT). They are cuap. ii. 
 bound to render their assistance, and can claim no 
 more than the rates of pilotage, which are presumed 
 to be an adequate remuneration for their services (n). 
 And by the Merchant Shipping Act, 1854, it is pro- 
 vided that any qualified pilot demanding or receiving, 
 and also any master offering or paying to. any pilot 
 any other rate in respect of pilotage services, vphether 
 greater or less than the rate for the time being de- 
 mandable by law, shall, for each offence, incur a 
 penalty of £20 (o). 
 
 No pilot, however, is bound to go on board a But pilots 
 vessel in distress to render pilotage service for mere vessel in 
 pilotage reward (p). " The Court has always held," salvors. 
 observes Dr. Lushington (q), " with regard to pilots, 
 that they are entitled to say, when they get on 
 board vessels which are not seaworthy, and there- 
 fore in a state of danger, ' We do not come in the 
 character of pilots, but also in the character of 
 salvors.' In such a case they are not entitled to Duty of 
 abandon the vessel (r), but the Court has uniformly remain by 
 
 (m) The Bosehauflh, 1 Spinlcs, 267 ; The General Palmer, 
 2 Hagg. 176 : TAe Joseph Harvmj, 1 C. Kob. 306. 
 
 (n) The Elizabeth, 8 Jur. 365. 
 
 (o) 17 & 18 Vict. c. 184, s. 358. 
 
 (p) The Fredenck, 1 W. Bob. 16 ; Thejonge Andriea, Swa. 
 226—229 ; The Galatea, Id. 349 ; The King Oscar, 6 Notes 
 of Cases, 284. In The Elizabeth, 8 Jar. 365, Dr. Lushington 
 observes : — " I have over and over again expressed my opinion 
 that when the service is one of a description not mere pilotage, 
 the parties are to be rewarded for such service as salvors, and 
 not as pilots. There is a very material distinction to be 
 adverted to in these cases, namely, the rates of pilotage have 
 been settled upon the oalcolation of what will be an adequate 
 reward for ordinary pilot services, and not for other services." 
 
 (q) The Jmige Andries, Swa. 2-26— 229. 
 
 (r) See also The Eebe, 2 W. Kob. 246 ; but see, however. 
 The Frederick, 1 W. Kob. 16, where Dr. Lushington observes 
 
34 THE LAW OF SALVAGE. 
 
 Chap. ii. given them an additional reward, thinking they are 
 
 distressed not to be Compensated for salvage service by mere 
 
 vessel. pilotage reward." 
 Instances Pilots have consequently been held entitled to 
 
 of salvage , ^ i . • i i 
 
 reward to salvage reward for eoing out to ships in a leaky con- 
 dition, and rendering assistance in working the 
 pumps, and in laying out and afterwards slipping or 
 recovering an anchor (s), and for boarding in bois- 
 terous weather, and bringing into a place of safety 
 a foreign vessel that had sustained damage {t). 
 Vessel out- If a vessel in distress or peril, and out at sea 
 grounds. beyond the limits of pilotage grounds, should require 
 assistance to conduct her to a place of safety, the 
 service of the pilot in rendering this assistance is 
 not pilotage but salvage (u). 
 Pilot acting If the Services rendered by the pilot be out of the 
 nary em- Ordinary course of his employment, as where hp assists 
 ymen . .^ getting off a vessel that had driven upon rocks, he 
 will of course stand upon the same footing as any 
 ordinary salvor (.r). 
 
 that if a pilot under such olroumstances "on being told he would 
 receive pilotage only, refused to take charge of a vessel in that 
 condition, he would be subject to no censure, and if he did take 
 charge of her he would be entitled to a salvage remuneration." 
 In The Jane Anderson (3 Irish Jurist, p. 2y3), it was held 
 that a pilot is not bound to remain on board a ship in distress 
 in any event, and at the peril of his life, and that if he took 
 charge of or remained on board a vessel so circumstanced, he 
 would be entitled to be paid for extraordinary services as a 
 salvor. See also The Wm. Ward, 8 Irish Jurist, 33ti ; The 
 Hercules, Ibid. 412. 
 
 (s) The Hebe, 2 W. Rob. 246. 
 
 (t) The King Oscar, 6 Notes of Cases, 284. See also 
 The Enterprise, 2 Hagg. 178, n.; Newman v. Walters, 3 
 Bos. & P. 612 -616. But see The Johannes, 6 Notes of Cases, 
 288, where a pilot unsuccessfully attempted to obtain salvage 
 for piloting a foreign vessel. 
 
 (i() Theiledwig, 1 Spinks, 19. 
 
 (x) The Persia, 1 Spinks, 166. 
 
WHO MAY CLAIM AS SALVOKS. — PILOTS. 35 
 
 In the event of a dispute as to whether a signal chap. ii. 
 hoisted was for a pilot, or was a signal of distress, Ambiguous 
 the Court will determine the fact by reference to the ^'Piais. 
 state of the vessel at the time (y) ; and even if the 
 signal hoisted should have been for a pilot, that 
 does not prevent the services rendered from being 
 in the nature of salvage. The true questions in such 
 a case are — what was the condition of the ship ? was 
 she in distress ? (z) and where the vessel is damaged, 
 and in a certain degree of distress, the Court has 
 uniformly held a signal exhibited under such cir- 
 cumstances to be a signal for assistance, and not for 
 a pilot (a). 
 
 A service which would be pilotage in the case Pilotage by 
 
 ^ ^ persons not 
 
 of a duly licensed pilot, may become salvage when licensed 
 rendered by persons under no obligation to per- 
 form it (b). The Court recognises the diiference 
 that exists between a person possessed of a monopoly, 
 and entitled to charge a given sum, and a person 
 voluntarily performing a duty, whether it be a pilot- 
 age or a salvage service : the latter has a right to 
 
 (y) The Medwig, 1 Spiuks, 19, 93, n. ; The Sosseitd, 10 Jm: 
 865, 866 ; The Little joe, 1 Lush. 88. See also the American 
 case, £rig Susan, 1 Sprague, i99. 
 
 (z) Jiidgmeut of Br. Lughiiigton, The Bomarsund, 1 Lush. 
 77, 78. 
 
 (a) Judgment of Dr. Lusbington, The Otto Hei'mann, 33 
 L. J. N. S. Ad. 189, 190. In The Felix, 1 Spinks, 23, ^., 
 Dr. Lushington is thus reported: — "I have determined to 
 decide these questions in this way. If the vessel is in a 
 damaged state, I shall determine that it is a signal for assist- 
 ance, because the vessel wants it ; but when the vessel is not 
 in a damaged state, and a pilot only is wanted, I shall construe 
 it to be a signal for a pilot. That seems consistent with proba- 
 bility." 
 
 (6) The Rosehaugh, 1 Spinks, 267. See also The Dygden, 
 1 Notes of Cases, 115 ; The £%igeme, 3 Ibid. 430. 
 
 s 2 
 
36 
 
 THE LAW OF SALVAGE. 
 
 Chap. II. 
 
 American 
 law aa to 
 pilots sal- 
 vors. 
 
 exercise his own judgment as to whether he will go 
 out on the service or not, and may then demand a 
 fair remuneration for whatever he does (c). 
 
 Where persons volunteer services of this nature, 
 however, they are expected to hring to the task, if 
 not the nautical skill of qualified pilots, at least 
 ordinary skill and ability; and although the Court 
 will look with considerable indulgence upon their 
 efforts when no one else is on the spot capable of 
 rendering more efficient assistance, and theirs is the 
 only aid that can be procured, it will view with dis- 
 favour the conduct of incompetent persons who 
 assume the character of salvors when there are other 
 persons present capable of discharging those duties (r^). 
 
 In America the laws of most of the States make it 
 part of the duty of a pilot to assist vessels in distress, 
 and in some instances give the rate of extra compen- 
 sation to be awarded. Such services are, therefore, 
 generally considered as extra pilotage services, and 
 not as salvage (e) ; and the American Courts have in 
 several cases, where salvage would have been awarded 
 to pilots by the English Court of Admiralty, held the 
 service to be mere pilotage. Thus, where the master 
 of a vessel aground, made an agreement with a pilot 
 to get her off for 500 dollars, and take her into port, 
 the Supreme Court of New York refused to enforce 
 
 (c) Per Dr. Lnshington, The Rosehaugh, ubi supra. It was 
 formerly held that persons assuming the character and daties 
 of pilots were entitled to be remunerated only as pilots, and 
 not as salvors. See The Columbus, 2 Hagg. 178, n.; The 
 Funchal Baptista, 3 Ibid. 386,'n. That, however, can no longer 
 be regarded as the state of the law. 
 
 (d) The Dygden, 1 Notes of Cases, 115. The 360th, 361st, 
 and 362nd sections of the Merchant Shipping Act, 1854, regulate 
 the employment of unqualified pilots, 
 
 (e) 2 Parsons on Shipping, 271. 
 
WHO MAY CLAIM AS SALVOES. TUGS. 37 
 
 this agreement, on the ground that the pilot was chap. ii. 
 bound to render assistance, and could recover an 
 adequate compensation under the statute (/); and in 
 another case (ff), where a vessel which, whilst going 
 out of harbour in winter, became injured by ice, and 
 nearly filled with water, was saved by a pilot-boat, 
 the service was held to be only pilotage. 
 
 In other cases, however, the extra services of pilots 
 have been held to entitle them to salvage reward (h). 
 
 Salvage hy Tugs. 
 
 Where a steamer is engaged to render towage ser- Tugs gene- 
 vice to a vessel, she is bound by her agreement to do titled™ 
 all that is necessary to facilitate the safe voyage of munfratton 
 the vessel. She is to take the chance of bad weather, teke'dsk of 
 which may occasion delay and inconvenience, and for ''^^'^*'- 
 her services in this respect she is entitled only to 
 towage remuneration (i). 
 
 (/) .CaUagan r^HalUtt, 1 Cain eaKj^04. See also Dvdany 
 V. Sloop Peragio, Bee, 212; 5ia(e»-T. Barh Richmond, i Am gr. 
 Law Rep. 2fl . 
 
 (g) The Schooner Wave v. Eyer, 2 Paine, 0. C. 131. 
 
 (A) Hohart v. Droyan, 10 Peters, 108 ; Lea v. Ship Alex- 
 ander, 2 Paine, C. C. 466. In the latter ease, -where a pilot 
 got a vessel off a shoal, he was held to be entitled to salvage. 
 See also Hope v. Brig Dido, Ibid. 243, where services rendered 
 by pilots to a vessel at sea, and without a rudder, were held to 
 be salvage services, on the ground that the vessel was un- 
 navigable. See also Love v. Hincldey, 1 Abbott, 436 ; Ship 
 Warren, 12 N. Y. L. Observer, 257 ; and The Steamboat 
 T. P. Leathers, 1 Newberry, Adm. 421, where it was held 
 that the sun-ender of a steamboat on fire to the care and pro- 
 tection of another steamer, dissolved the contract between the 
 surrendered boat and its pilot, and that the pilot, by im- 
 portant services subsequently rendered beyond the line of his 
 duty, waa entitled to claim as one of the salvors. 
 
 (i) Judgment of Dr. Lushington, The Galatea, Swa. 349. 
 See also The Lady Eyidia, Luah. 513 ; The Arthur, 6 L. T. 
 N. S. 556. 
 
'^8 THE LAW OF SALVAGE. 
 
 Chap. II. The state of the wind and weather at the time the 
 Hut weather agreement is entered into is, however, to be taken 
 be taken " ™'o Consideration in determining the actual nature 
 '"cratkin!' •'f *hs obligation which is undertaken. " I appre- 
 hend," says Dr. Lushington (F), " that when a 
 master of a vessel contracts with the master of a tug, 
 it is upon the supposition that the wind and weather 
 and the time for performing the service, will be what 
 are ordinary at the time of year, and that the sum 
 contracted for is that which is supposed to be a suffi- 
 cient remuneration for the ordinary performance of 
 the voyage. ... If the tug is merely ordinarily 
 delayed in performing the service, it is not to have 
 additional remuneration, but if the delay be unex- 
 pected and beyond all contemplation, then it must 
 have something additional " (Z). If during the tow- 
 age the weather should become such as to render 
 the completion of the undertaking on the part of the 
 tug impossible, the services which She subsequently 
 renders to the vessel will be in the nature of sal- 
 vage. 
 Judgmentin The law upon this subject was most fully discussed 
 Ma. '™'' in the case of The MinnehaJia, both in the Court of 
 Admiralty and on appeal, and it was thus laid dovra 
 in the judgment of the Judicial Committee of the Privy 
 Tug's en- Council (m) : " When a steamboat engages to tow a 
 not ™war- vesscl for a certain remuneration from one point to 
 to'destina-'' another, she does not warrant that she will be able 
 engagement to ^0 SO, and Will do SO Under all circumstances, and 
 wiSvourl at all hazards; but she does engage that she will 
 
 {h) The White Star, L. ft. 1 Ad. 68. 
 {I) See also The EUm-a, Lush. 550 ; and The Gdhtea. Swa 
 849. 
 (m) Lush. 335—347. 
 
WHO MAY CLAIM AS SALVOES. — TUGS. 39 
 
 use her best endeavours for that purpose, and will chap. ii. 
 bring to the task competent skill, and such a crew, 
 tackle, and equipments as are reasonably to be ex- 
 pected in a vessel of her class. She may be pre- if »« major 
 vented from fulfilling her contract by a vis major, by ther per- 
 accidents which were not contemplated, and which impossible, 
 may render the fulfilment of her contract impossible, Hon^ermf-" 
 and in such a case, by the general rule of law, she is ™'''^- 
 relieved from her obligations. But she does not 
 become relieved from her obligations because unfore- 
 seen difficulties occur in the completion of her task, 
 because the performance of the task is interrupted, 
 or cannot be completed in the mode in which it was 
 originally intended, as by the breaking of the ship's 
 hawser. But if, in the discharge of this task, by Unforeseen 
 sudden violence of winds or waves, or other acci- pening to ' 
 dents, the ship in tow is placed in danger, and entitled to 
 the towing vessel incurs risks and performs duties Ixb-^ser-"^ 
 which were not vrithin the scope of her original en- '^'"'^' 
 gagement, she is entitled to additional remuneration 
 for additional services, if the ship be saved (o), and 
 
 (o) See also upon this The Princess Alice, 3 W. Bob. ] 38, where 
 Dr. Lushington (p. 140) observes; " Many circumstances, it is 
 obvious, may arise in the course of such employment, which 
 may convert the service into the character of a salvage service, 
 as, for example, where the ship in tow is disabled in her hull or 
 rigging, or where she is aground, or where the service itself is at- 
 tended with danger or extraordinary labour to the towiug vessel." 
 And see The William Brandt, Junior, 2 Notes of Cases, Supp. 
 67, where the same learned judge is thus reported : "The agree- 
 ment was for towing only. If in the performance of a salvage 
 (misprint for towage) service, such towing being honestly, fairly, 
 and skilfully performed, it happens from inevitable accident, 
 over which neither party has any control, that an accident 
 occurs to the vessel taken in tow, and essential services are ren- 
 dered by the vessel agreeing to tow her from one place to 
 another, I am of opinion that the agreement does not cover such 
 a service. I think I should be laying down a very dangerous 
 
40 . THE LAW OF SALVAGE. 
 
 Chap. 11. Way claim as a salvor instead of being restricted to the 
 sum stipulated to be paid for mere towage. Whether 
 this larger remuneration is to be considered as in 
 addition to or substitution for the price of towage, is 
 of little consequence practically (p). The measure of 
 the sum to be allowed as salvage would of course be 
 increased or diminished, according as the price of 
 towage was or was not included in it. In the cases 
 on this subject the towage contract is generally 
 spoken of as superseded by the right to salvage. 
 
 " It is not disputed that these are the rules which 
 are acted upon in the Court of Admiralty, and they 
 appear to their lordships to be founded in reason 
 and in public policy, and to be not inconsistent with 
 legal principles. The tug is relieved from the per- 
 formance of her contract by the impossibility of 
 performing it, but if the performance of it be pos- 
 sible, but in the course of it the ship iri her charge 
 is exposed, by unavoidable accident, to dangers which 
 require from the tug services of a different class and 
 bearing a higher rate of payment, it is held to be 
 implied in the contract that she shall be paid at such 
 higher rate. To hold, on the one hand, that a tug 
 having contracted to tow is bound, whatever happens 
 
 doctrine, if I were to hold that where a pei-son agrees to per- 
 form the simple duty of towing from the Nore to London, if 
 from stres.? of weather, from an accident happening to the ship, 
 or other circumstances of a like nature, it should so happen 
 that other and different services have to be discharged, the 
 original agreement is binding on the parties." See also The 
 Galatea, Swa. 349. 
 
 (p) The fact, however, that the tug was engaged in the ser- 
 vice of the vessel saved, will tend to diminish the quantum 
 pf the reward for the extraordinary service rendered. See 
 judgment of Dr. Lushington in The William Brandt, Jvmior 
 2 Notes of Cases, Supp. 67. 
 
WHO MAT CLAIM AS SALVORS. ^TUGS. 41 
 
 after the contract, though not in the contemplation chap. ii. 
 of the parties, and at all hazards to herself, to take 
 the ship to her destination ; or on the other, that 
 the moment the performance of the contract is in- 
 terrupted, or its completion in the mode originally 
 intended becomes impossible, the tug is relieved 
 from all further duty, and at Uberty to abandon the 
 ship in her charge to her fate, would be alike incon- 
 sistent with the public interests {q). 
 
 " The rule, as it is established, guards against both 
 inconveniences, and provides at the same time for 
 the safety of the ship and the just remuneration of' 
 the tug. The rule has been long settled ; parties 
 enter into towage contracts on the faith of it, and we 
 should, be extremely sorry that any doubt should be 
 supposed to exist upon it. It is said that it has 
 never been brought before us for decision. If so, 
 considering how often the rule has been acted upon, 
 the necessary inference is that it has never been 
 made the subject of appeal, because it has been uni- 
 versally acquiesced in. 
 
 " Whether the circumstances in each particular No addi- 
 
 „ . . , tional 
 
 case are sumcient to turn towage into salvage, must reward 
 often be a subject of great doubt, as it is in the pre- ger caused 
 sent case ; but there is one point upon which their duct, negu- 
 lordships can entertain no doubt, and upon which furapacHy 
 they are surprised that any doubt should have been ° "^' 
 thrown at the bar. If the danger from which the 
 ship has been rescued is attributable to the fault of 
 the tug — if the tug, whether by wilful misconduct 
 or by negligence, or by want of that reasonable skill 
 
 (?) See also upon this, The Edward HawJcins, 1 Lush. 515, 
 and The Saratoga, 1 Lush. 318. 
 
42 THE LAW OF SALVAGE. 
 
 Chap. II. Or equipments which are impUed in the towage con- 
 tract, has occasioned or materially contributed to 
 the danger, we can have no hesitation in stating our 
 opinion, that she can have no claim to salvage. She 
 never can be permitted to profit by her own wrong 
 or default. When it is remembered how much in all 
 cases — how entirely in many cases — a ship in tow 
 is at the mercy of the tug ; how easily, with the 
 knowledge which the crews of such boats usually 
 have of the waters on which they ply, they may 
 place any ship in their charge in great real or appa- 
 rent peril, how difficult of detection such a crime 
 must be, and how strong the temptation to commit 
 it, their lordships are of opinion that such cases re- 
 quire to be watched with the closest attention, and 
 not without some degree of jealousy " (r). 
 Instances of In illustration of the principle above laid down 
 
 salvage su- i • i p i • c 
 
 perseding as to the right of the tug to extra remuneration for 
 
 tuwage. ... . p 
 
 extraordinary services, it may be convenient to reier 
 to the circumstances of the following cases in which 
 such extra remuneration was awarded. In the case 
 then under discussion. The Minnehaha, the vessel 
 proceeded against, was a large ship, with a valu- 
 able cargo, which had brought up in the mouth of 
 the Mersey. She there engaged The U. K., a 
 steam-tug, to tow her to Liverpool, for thirty guineas, 
 and shortly after the service commenced the hawser 
 broke, and the ship drifted over a shoal into Form- 
 by Hole, a place of danger, and The U. K. got out 
 her own hawser and attached it to The Minnehaha, 
 and with the assistance of another tug manoeuvred 
 the ship so as to prevent her getting fast on the 
 
 (r) See also The Annaipolia, 1 Lush. 355. 
 
WHO MAY CLAIM AS SALVORS. TUGS. 4.S 
 
 bank, and eventually succeeded in towing her into chaf. ii. 
 Liverpool. For this service the tug -was held entitled 
 to salvage reward. 
 
 In a nearly similar case, that of The Albion (s), 
 a steam-tug was engaged to tow the ship from 
 the North Foreland to Gravesend, and towed her 
 to the Princes Channel, where both vessels anchored 
 to stop tide. In the night a gale of wind rose, 
 and blew the ship to sea, with loss of anchors and 
 damage to hawse pipes, bow planking, and windlass. 
 The tug was forced to run to Ramsgate, and the 
 next day, the weather having moderated, she put to 
 sea, and after a considerable search discovered the 
 ship, which had received an anchor and chain by a 
 lugger from the shore. The ship was then towed 
 with the assistance of another tug, to the port of 
 London. It was held that the services of both tugs 
 were in the nature of salvage, and that the first tug 
 was entitled to salvage remuneration for her labour 
 and loss of time whilst seeking the ship {f). 
 
 It is not necessary, to entitle a tug to salvage in- Risk to the 
 stead of towage remuneration, that she should have esfentiai. 
 undergone any risk in rendering the extraordinary ser- 
 vices. In the case of The Pericles («), Dr. Lushing- 
 ton, in referring to the judgment in The Minnehaha, 
 thus expresses himself : " I am not disposed for 
 petty services to consider steam-tugs relieved from 
 the obligation of the towage contract, but I do not 
 understand it to be law that a tug, under a contract 
 to tow, can under no circumstances earn salvage re- 
 
 (g) Lush. 282. 
 
 (f) See also The Saratoga, Lush. 318 ; The AnnapoUi, Ibid. 
 355. 
 
 (u) Browning & Lueh, 80, 81. 
 
44 THE LAW OP SALVAGE. 
 
 CBiP. II. ward unless she herself incurs risk in the perform- 
 ance of the superior service of saving. I do not 
 gather such to be the law from the judgment of the 
 Privy Council, nor is it in accordance with the rules 
 of salvage prevailing in this Court. Risk to the 
 salvor is not a necessary element of salvage, though 
 it does, as we all know, enhance the merit of the 
 service, and earn a higher reward." 
 Where If after a towaee agreement is made, but before 
 
 aooideut " ° 
 
 happens the tus; has commenced the performance of her task, 
 
 before ° ^ 
 
 towage an accident should happen to the vessel about to be 
 
 commences. ^ ^ , . , 
 
 towed, and the tug renders salvage assistance, she 
 will be entitled to salvage reward for those ser- 
 vices («). Thus, where during a gale of wind a tug 
 agreed with the master of a vessel to tow her from 
 the Nore to London for 16Z. as soon as the weather 
 moderated, and in the meantime, the vessel, having 
 lost her jib stay, fore-topsail yard, missed stays and 
 got upon the Blyth Sand, and hailed the tug, which 
 endeavoured, unsuccessfully, to get her oif that tide, 
 but next tide did tow her off, and took her to Dept- 
 ford. The Court considered that the 16Z. agreed 
 upon did not cover the whole service, and awarded 
 the tug 601. (ij). 
 owage In the absence of any agreement, towage service 
 
 appiSsmiiy for towage remuneration ordinarily applies only to 
 jured cases where the vessel receiving the assistance is un- 
 
 injured. " I apprehend," says Dr. Lushington (z), 
 "that mere towage service is confined to vessels that 
 have received no injury or damage, and that mere 
 
 (x) The William Brandt, 2 Notes of Cases, Supp. 67. 
 
 (>/) Ibid- 
 
 (z) The Beaard, 1 W. Rob. 174—177. 
 
WHO MAT CLAIM AS SALVORS. — TUGS. 45 
 
 towage reward is payable in those cases only where the chap. ii. 
 vessel receiving the service is in the same condition 
 she would ordinarily be in without having encoun- 
 tered any damage or accident." And in another 
 case (a), the same learned judge, in deciding upon 
 the claim of a steamer to salvage remuneration, 
 says : " With regard to the claim of the steamship, 
 she performs a service to a vessel disabled and in 
 distress, and taking her in tow cannot by possibility 
 be compared to an ordinary towage service." 
 
 There are many instances in which steam vessels 
 have consequently been held entitled to salvage 
 reward for merely towing disabled vessels. Thus, 
 where a mail steamer, carrying passengers, lost her 
 screw whilst at sea, but being fully equipped as a 
 sailing vessel, made sail, the weather being fine, but 
 the wind light and adverse, and three days after the 
 accident, and whilst she was still beating to windward, 
 fell in with another steamer, which at her request 
 took her in tow, and towed her into port ; the 
 steamer rendering this service was held entitled to 
 salvage (J). And in another and previous case (c), 
 where an East Indiaman, going down Channel, was 
 completely dismasted by a sudden squall, but having 
 four anchors and 412 fathoms of chain cable, she 
 anchored in mid-channel, and the next day, the 
 weather being fine, jury-masts were rigged, and the 
 
 (a) The Charles A dolphe, Swa. 153—157. For cases where 
 the steamer was held entitled to mere towage, the vessel towed 
 being in no danger, see The Princess Alice, 3 W. Rob. 138 ; 
 The ffarbinger, 16 Jurist, 729 ; The Lady Bgidia, Lush. 513 ; 
 The Galatea, Swa. 34 fl. 
 
 (6) The Ellora, Lush. 550. See Tlie Batavier, 1 Spinks, 169. 
 
 (c) The Isabella, 3 Hagg. 427. 
 
46 THE LAW OF SALVAGE. 
 
 Chap. n. mate sent on shore to engage a steamer, which sub- 
 sequently came out and towed the vessel to an an- 
 chorage. In this case the Trinity Masters were of 
 opinion, as seamen, that the service was merely tow- 
 age, there being no risk, no straining of engines, and 
 the weather being fair during the whole time ; but 
 they thought the service, though not essential to the 
 safety of the vessel, one that should be handsomely 
 rewarded, and the Court decreed the steamer en- 
 titled to salvage (d). 
 Conceal- The concealment from the tug, by the master of 
 
 Smage en- '^^ vessel to be towed, of her damaged condition, 
 to"repudilte ^^J entitle the tug to repudiate the towage agree- 
 agreement. ment, and to Sue for salvage (e). There is no obli- 
 gation, however, upon the master of a vessel to point 
 out to those with whom he is about to contract for 
 assistance, every circumstance that has occurred 
 Effect of during the voyage (f). To sustain the repudiation 
 of^tate'of" of the agreement, there must have been a deliberate 
 concealment of circumstances important in them- 
 selves (y), and of such a nature as to operate to the 
 injury of the owners of the tug in the performance 
 of her task. And where the owners and crew of a 
 tug which had entered into an agreement for the 
 towage of a vessel sued for salvage, alleging the 
 agreement to be invalid by reason of the fact of the 
 illness of a great part of the crew of the vessel saved 
 having been withheld from them, but failed to prove 
 that the property had been in any danger, the Court 
 
 {d) See also The Beulah, 2 Notes of Cases, 61 ; The Red 
 Rover, 3 W. Rob. 150. 
 
 (e) Tlie Kingalock, 1 Spinks, 263. 
 (/) The Jonge Andriea, Swa. 226. 
 (g) Ibid. 
 
WHO MAT CLAIM AS SALVORS. SHIP'S AGENT. 47 
 
 pronounced for the agreement, and dismissed the Chap. ii. 
 claim with costs (h). 
 
 Where a tug comes to the assistance of a ship in Tug held to 
 danger, and makes a towage contract, and nothing with ais- 
 supervenes afterwards to change the character of the vessel. 
 services, the tug is not entitled, notwithstanding the 
 distressed condition of the vessel, to more than mere 
 towage remuneration (i). 
 
 When the tug performs extra services, such as Extra sei- 
 
 . . vices by 
 
 puttmg the master on shore to bring oif additional tug. 
 anchors, she will be entitled to claim additional re- 
 muneration for those services (k). 
 
 SJiip's Agent Claiming Salvage. 
 The acceptance of an agency for the ship from the Ship's agent 
 
 T TP V Buingfor 
 
 master or owner, does not disqualify the agent from salvage. 
 maintaining a suit for salvage, in respect of any ser- 
 vices of that nature which he may render during 
 the course of his employment. Strictly speaking, 
 however, such services are to be regarded rather in 
 the light of a meritorious agency than as salvage (l), 
 and the agent is to be rewarded upon a less liberal 
 scale than volunteer salvors suing in respect of 
 extraordinary services. "I will assume," says Dr. 
 Lushington (ot), " the case of a vessel becoming 
 stranded in the vicinity of a port where there resides 
 a person carrying on the business of a merchant and 
 ship agent, and that the master applies to such 
 
 (h) The Canova, L. R. 1 Ad. 54. 
 (iy The Minnehaha, 1 Lush. 335—3.12. 
 (k) The White Utar, L. K. 1 Ad. GS. 
 
 (0 The Favorite, 2 W. Kob. 255— 2.v9 ; The Watt, Ibid, 
 70. 
 
 (m) The Purissima Concepcion, 3 W. Hob. 181, 182. 
 
48 THE LAW OF SALVAGE. 
 
 Chap. II. 
 
 person in the character of ship agent for such 
 assistance in getting off the ship and cargo as, under 
 the circumstances, may be necessary. I will further 
 assume that such agent undertakes the task, and 
 employs the necessary persons to perform it, he 
 himself personally superintending the operations, 
 but taking no active part in the duty, and not in- 
 curring the slightest risk to his own life, or danger 
 to his person. The question is, whether an indi- 
 vidual claiming as salvor under such a state of cir- 
 cumstances, can or cannot maintain his action in 
 this Court ? Upon a balance of all considerations, 
 independently of decided authorities, I am clearly of 
 opinion that it is for the advantage of all parties 
 concerned, and for the benefit of mercantile interests 
 in gfeneral, that the Court should possess the juris- 
 diction to entertain the suit" (n). And where a 
 person who, under an agreement with the master of 
 a stranded vessel, took charge of the ship, which 
 subsequently went to pieces, and succeeded in saving 
 and warehousing a portion of the cargo, to the 
 value of about 6001., brought a suit for salvage 
 remuneration, and the return of his expenses, 
 
 {n) See also The Happy Retv/rn, 2 Hagg. 198, in whicli Sir 
 C. Robinson decided that a person might act as au agent, and 
 claim as salvor, although be did not in person actually perform 
 anything strictly in the nature of a salvage service. In this 
 case the Court was satisfied, upon the evidence, that it was 
 understood and sufficiently expressed, that the claimant, who 
 had been appointed " the true and lawful attorney, in the name 
 of the master, to use all possible means for the recovery of the 
 ship and cargo," should act as agent, and that his claim for 
 salvage should be controlled by that understanding : it held that 
 such character nevertheless did not wholly supersede the 
 character of a salvor so as to exclude the jurisdiction of the 
 Court of Admiralty. See also T!ie Cargo Ex Honor, L. Rep. 1 
 Ad. 87 ; The Vesta, i Irish Jurist, 210. 
 
WHO MAY CLAIM AS SALVOES. SHIP's AGENT. 49 
 
 amounting to 1 55Z., the Court entertained the suit, chap. ii. 
 and awarded 2501. to cover all expenses except 
 costs (o). 
 
 The fact that the claimant acted as Lloyd's agent Hoyds 
 at the port where the services were rendered, will 
 not disentitle him to sue for salvage (p). And where 
 a foreign vessel went aground, and the master applied 
 to a ship agent who was Lloyd's agent at the place, 
 and the agent took charge of the vessel, employed 
 men to unload her, and the vessel having hy their 
 assistance been got off was brought into harbour, 
 where the cargo was sold. The agent's claim and 
 accounts having been disputed, he brought an action 
 as a salvor, and the Court, notwithstanding he had 
 only employed men, and had himself incurred no per- 
 sonal risk in the transaction, entertained the claim (q) 
 
 If a magistrate, acting in his public capacity, Magistrate. 
 should go beyond the limits of his official duty in 
 giving extraordinary assistance, he is entitled to 
 salvage reward (r). 
 
 (o) The Favorite, 2 W. Eob. 255. See also T}i,e Happy 
 Retwn, ubi supra, where the Court, out of a value of 4600t, 
 gave, together with costs, '2151, to the agent claiming salvage, 
 in addition to 815Z. for disbursements. But see The Cwryo Ex 
 Honor {ubi supra), where the disbursements were 1192., and a 
 tender of 80?. additional was held to be suiEcient. 
 
 (p) The Purissima ConcepcUm, 3 W. Rob. ] 81. 
 
 (q) Ibid. But see The Lively, 3 W. Kob. 64, where Dr. Lush- 
 ington dismissed a suit by a Lloyd's agent, in which the claimant 
 alleged that he had engaged men and horses, aud directed their 
 employment. In that case, however, the claimant had been 
 paid 201. in addition to expenses of 118i., and the nature of 
 his services was disputed. 
 
 (r) The Aquila, 1 C. Eob. 37—46. In this case, however, 
 the claimant was held not to have rendered such services as to 
 entitle him to participate in the salvage. In the American case 
 Jje Tigre, 3 Wash. C. C. 567, Washington, J., is thus reported : 
 " We have no doubt that if a collector, or other revenue olBcer, 
 intending to act in the line of his official duty, but mistaking 
 
60 THE LAW OF SALVAGE. 
 
 Chap. II. Officers and seamen of her Majesty's vessels, who 
 Salvage by render salvage services, and encounter personal risk 
 Ro^iNavy ^^^ labour, stand on the same footing as other 
 gSarfmen. s^l^ors («). They are not to be employed gratui- 
 tously in the salvage of property of private indi- 
 viduals, to save them from expense, nor are they to 
 hazard their lives, or undergo labour, without re- 
 ward (t). They are entitled to be rewarded in a 
 precisely similar manner, on the same principles, 
 and in the same degree as other persons rendering 
 such services (u). The fact, however, that the 
 salvors do not risk their own property, vrill be taken 
 into consideration in fixing the sum to be awarded(ii:). 
 By an order of the Board of Admiralty, of 30th 
 January, 1852, officers of her Majesty's ships are 
 directed not to claim for salvage services rendered 
 to vessels in distress, unless the service was really 
 important or accompanied with hazard (y), and no 
 salvage claim by officers and men of the Royal Navy 
 is to be finally adjudicated upon, unless the written 
 
 the law, and transcending bU authority, is the raeritorious 
 cause of saving property to the owner, he is not precluded, oq 
 account of the niotive which actuated him, from claiming 
 salvage." 
 
 (s) The Wilsons, 1 W. Rob. 172. See The Alma, 1 Lush. 378 ; 
 The Louisa, 1 Dodson, 317 ; The Ewell Grove, 3 Hagg. 209 ; 
 The Rosalie, I Spinks, 1S8 ; The Mary Pleasants, Swa. 224 ; 
 The Thetis, 3 Hagg. 14 ; The Mary Ann, 1 Hagg. 158 ; The 
 Beaver, 3 C. Rob. 292. 
 
 (() Judgment of Sir John Nicholl, The Lustre, 3 Hagg. ] 54. 
 
 (») The Iodine, 3 Notes of Cases, 140 ; The Charlotte Wylie, 
 5 Notes of Cases, 4. 
 
 {x) The Earl of Eglinton, Swa. 7. See The Alma, 1 Lush. 
 378. 
 
 (y) See also The Rapid, 3 Hagg. 419-421, where Sir Robert 
 Nicholl, in giving judgment, observes, that to entitle her 
 Majesty's ships to claim salvage, the service rendered must be 
 important. See also Tke Francis and Eliza, 2 Dods. 115. 
 
WHO MAT CLAIM AS SALVOES. EOYAL NAVY. 51 
 
 consent of the Secretary to the Admiralty has been chap. ii. 
 first obtained, and in the absence of such consent 
 the suit is to be dismissed with costs (z); subject to 
 the same consent being obtained, officers and men of 
 the Royal Navy can also recover remuneration for life 
 salvage (a). 
 
 The American law cannot be said to differ in any Ameiicati 
 material respect from that of England, with respect 
 to salvage services rendered by seamen connected 
 with the ships of war of the United States. It 
 would appear, however, to be an unusual thing for 
 such ships to claim salvage (6). By one of the 
 United States statutes (c), the President is autho- 
 rised to cause a suitable number of public vessels to 
 cruise upon the coast in the severe portion of the 
 season, for the purpose of affording assistance to 
 vessels in distress. Whilst engaged in that service, 
 the opinion seems to be that they would not be 
 entitled to any extra compensation, but that there is 
 nothing to prevent them acting as salvors at any 
 other time{d). As to the nature of the services 
 which would entitle government vessels to sue as 
 salvors, the observations of Mr. Justice Nelson, in 
 
 (2) 17 & 18 Tict. J. 104, s. 485. In lieu of the above pro- 
 vision, it is proposed by the New Merchant Shipping Code, 
 s. 417, to enact that claims for salvage rendered by any of her 
 Majesty's ships, or by the commander and crew thereof, are only 
 to be made, and prosecuted by the Admiralty at their discre- 
 tion, on behalf of such commander or crew, before any Court 
 having Admiralty jurisdiction. 
 
 (a) The Alma, 1 Lush. 378—381. For the provisions as to 
 salvage services rendered by Queen's ships abroad, see 17 & IS 
 Vict. e. 104, ss. 486, 487, 488, 489, 490, 491, 492, 493, 494. 
 
 (6) Parsons on Shipping, vol. ii. p. 273. 
 
 (c) Act of December 22, 1837, c. 1. 
 
 {d) See 2 Parsons on Shippins, p. 274, where the opinions 
 of the American attorneys-general are quoted. 
 
 E 2 
 
52 
 
 THE LAW OP SALVAGE. 
 
 _Ch at. ii. the case of The Josephine (e), go to show that the 
 American Courts lean, as does the Court of Ad- 
 miralty in this country, against salvage claims by 
 these vessels, where the services have been slight or 
 unimportant. " In such cases," observes Mr. Justice 
 Nelson, " something more than the usual peril 
 should be encountered by the officers and crew, and 
 an extraordinary service should be rendered, exceed- 
 ing the duty imposed upon them by their employ- 
 ment in the public service, and the special instruc- 
 tions of the government on the subject. Ordinary 
 service in rescuing American vessels in distress, 
 requiring no great hardship or peril on the part of 
 the officers and crew, would seem to fall directly 
 within the line of the general duty thus enjoined. 
 It is a service bestowed by the government for the 
 protection and encouragement of its commercial 
 marine, and the right to impose this duty on govern- 
 ment vessels is too clear to be controverted. Great 
 and extraordinary service and peril in rescuing a 
 vessel and her cargo, would present a different ques- 
 tion, and stand upon diiferent principles and policy. 
 Such acts should of themselves be the subject of 
 reward and encouragement, and would not be neces- 
 sarily comprehended in the duty resulting from the 
 public employment of the persons rendering it, or 
 from the instructions of the government." 
 
 (e) 2 Blatch. C. C. 322. la tbis case tie United States -war 
 sloop Piymovth towed into an Anieiican port an American 
 merchant vessel, found abandoned at sea 600 miles distant, 
 hat the delay caused was only one of two days, and no ex- 
 traordinary service was rendered, and no unusual hardship or 
 peril encountered. The officers and ci ew were held not to be 
 entitled to salvage. 
 
WHO MAT CLAIM AS SALVOKS. — WAR VESSELS. 53 
 
 It has been held in America, that the officers and chap. h. 
 crew of a foreign war vessel are entitled to claim as salvage by 
 salvors (/), and it is presumed that no objection "Sw o'iT'' 
 would lie to such a salvage suit if brought in this ^"ess'^of 
 country. ''^''• 
 
 Where services are rendered by officers and men Coastguard. 
 of the coastguard service in watching or protecting 
 shipwrecked property, they are entitled, unless it can 
 be shown that their services were declined by the 
 owner of the property, or his agent at the time 
 they were tendered, to be paid, but only according 
 to the scale of remuneration fixed by the Board of 
 Trade [g). With respect, however, to salvage ser- 
 vices involving risk rendered by coastguard men, 
 although it is part of their duty to save life and pro- 
 perty, it is nevertheless a duty for which they are to 
 be paid ; and if they incur danger, or undertake 
 labour beyond the scope of their duties, as pointed 
 out by the Merchant Shipping Act, 1854, and by 
 the instructions issued to them from the Board of 
 Trade, as if, for instance, they actually put to sea, 
 and with risk and effect, to save lives or property 
 from a wrecked vessel, they will be entitled to 
 salvage in the same manner, and to the same extent, 
 as other salvors Qt). 
 
 (f) Robson V. The Buntress, 2 Wallace, Jun., Eep. 69. In 
 this case a sum of 2000 dollars was awarded to her Majesty's 
 vessels Gladiator and Jaekall, for salvage services rendered to 
 an American brig on the west coast of Africa. 
 
 (.9) 18 & 19 Vict. c. 21, s. 20. 
 
 (A) The Silver Bullion, 2 Spinks, 70 ; The London Merchant, 
 3 Hagg. 39 i; The Clifton, 3 Hagg. 117. But see The Queen 
 Mob, 3 Hagg. 242 ; The Amazon, 2 L. T. 140. Board of 
 Trade instractions to Receivers of Wreck, Officers of Coast- 
 guard, &c. 
 
law. 
 
 54 THE LAW OF SALVAGE. 
 
 chai-. II. The American Courts have recognised the right 
 American of revenue officers to become salvors by meritorious 
 services outside the hmits of their duty. In Le 
 Tigre (i), vrhere a collector, intending to act in his 
 official capacity, but mistaking the law, was the 
 cause of saving property to the owners, it was held 
 that he was entitled to salvage. 
 
 (i) 3 Wash. C. C. 567. 
 
55 
 
 CHAPTER III. 
 
 DIFFERENT SETS OF SALVORS. 
 It sometimes happens that different sets of sal- Ch.ip. ui. 
 
 vors claim remuneration in respect of the same Hiyai 
 service. The decision, in such cases, will he found ^''''■""'■^■ 
 mainly to depend upon whether the property saved 
 vpas or was not derelict at the time the services were 
 rendered ; and if dereUct, whether the salvors first 
 in possession could, unassisted, have completed the 
 undertaking upon which they had entered. 
 
 If the vessel in distress has not been abandoned Salvor 
 
 17 1 1 1 T-tv Ijound to 
 
 by her master and crew, there can be no great dim- obey orders 
 culty in determining which set of salvors will be vessel in 
 recognised by the Court. The master of the vessel, 
 whilst he continues on board, is entitled to retain 
 the command and control of the ship and cargo, and 
 to direct the work of the salvors, who are little more 
 than assistants and labourers under him. He may 
 reject the help of persons whom he does not think 
 fit to employ, and those whom he does employ are 
 bound to obey his orders (a) ; and if other salvors 
 dispossess those whom the master has employed. 
 
 (a) TJie Bantzie Pachet, 3 Hagg. 383 ; The Champion, B. 
 & Lush. 69 ; The Glasgow Packet, 2 W. Eob. 306 ; The Martha, 
 Swa. 489 ; The Effi»-t, 3 Hagg. 165. 
 
56 THE LAW OF SALVAGE. 
 
 Chap. III. and force their own services upon him, the Court 
 jiastei's will refuse to award them .iny remuneration (b). 
 aftrnTiaving Noris the master's authority, in this respect, affected 
 vessel. ijy j.jjg circumstance that he and his crew leave the 
 
 vessel for the purpose of procuring assistance. " As 
 hetween the master and salvors," ohserves Dr. Lush- 
 ington, "unless the vessel is absolutely derelict, 
 and the master's authority is at an end, he is en- 
 titled to resume charge of the ship, to employ 
 whom he pleases, and to take what measures 
 he thinks proper for the preservation of the ship. 
 The occupying salvors are entitled to reward for 
 the services they have actually rendered, and no 
 more " (c). In The Champion (d), in which the fore- 
 going observations were made, that vessel, which was 
 laden with timber, having got aground, the master and 
 crew left in a lifeboat which came to their assistance, 
 the intention of the master being to procure a steam- 
 tug as soon as possible, and return. On his return 
 with the tug next day, he observed, on nearing his 
 vessel, the Prince of Wales, another steam-tug, 
 approaching her, and this tug succeeded in reach- 
 ing the vessel first, and put some men on board. 
 
 (6) The Fleece, 3 W. Rob. 278. In giving judgment in this 
 case, Dr. Lushington, at p. 281, observes, " I go the whole length 
 of laying down this principle, that where salvors are on board a 
 ship in distress, and their services have been accepted by the 
 master, if, before they have done one stroke of work, they are 
 forcibly dispossessed (without the concurrence of the master) by 
 any persons who in any manner salve the ship or cargo, or part of 
 the same, the alleged second set of salvors can earn nothing for 
 their own benefit, but every act done, and every service per- 
 formed by them, must enure to the benefit of the original 
 salvors." 
 
 (c) The Champim, B. & L. 69-71. 
 
 \d) Ubi supra. 
 
DIFFERENT SETS OF SALVOES. LEGAL DERELICT, 57 
 
 These men the master ordered oif the vessel, and chap. hi. 
 on their refusing to leave, forcibly dispossessed. 
 It was held, on a suit being brought for salvage 
 by the crevr of the Prince of Wales, that the 
 vessel not being a legal dereUct, the master was 
 entitled to resume his authority in the manner 
 he did, and the suit of the salvors was dismissed 
 with costs. 
 
 Legal Derelict. 
 
 Where the vessel saved is a derelict, then the sal- in cases of 
 vors who are first in possession, if capable of saving arst salvors 
 the property, are entitled to complete the salvage, **™™^'*- 
 and to exclude others from joining in it (e). 
 
 In these cases, however, it is sometimes a matter of 
 some difficulty to determine whether a vessel is or is 
 not a legal derelict, and it is therefore considered 
 desirable to direct attention to the leading decisions 
 upon the subject. 
 
 A vessel is said to be derelict, in the sense of the what con- 
 Maritime Law, when she has been abandoned at sea ie?ai dere- 
 by her master and crew, without any hope of re- '°'' 
 turning {/). The mere fact of a vessel being found Leaving 
 at sea without any one on board her, is not sufiicient procure 
 to constitute her a legal derelict. She must not only t^ tm^ 
 have been deserted at sea, but deserted sine spe "i^gai ^^ 
 recuperandi. If the master and crew leave her tern- ^"^^ '"*' 
 porarily, without any intention of final abandonment, 
 but with the intention of returning and resuming pos- 
 session, such a vessel is not to be considered a dere- 
 lict, nor is the right of possession lost by such tem- 
 
 (c) T/ie Maria, Edwards, 175. 
 (/) The Aquila, 1 C. Kob. 37. 
 
58 THE LAW OF SALVAGE. 
 
 Chap. Ill, porary absence, although no one may be remaining 
 on board the vessel for the purpose of retaining pos- 
 
 riie Hercules, session(y). Thus, where the master and crew of a 
 vessel having lost their reckoning, upon approaching 
 a strange coast left their ship at anchor and went on 
 shore for the purpose of ascertaining their position, 
 and not with the intention of abandoning the vessel, 
 and the vessel, during their absence, got adrift, and 
 was taken in charge by salvors, she was held not to 
 be a derelict (^). 
 
 Onus of The onus of proving the intention to return rests 
 
 proving in- 
 tention to upon the owner of the vessel, for primd facie a vessel 
 
 return rests r, ■, . .. p-ii-i ,• 
 
 on owner. lounQ at sea in a position oi peril, and without having 
 any one on board, is a derelict («'). In these cases 
 the qito animo is the material question, and in deter- 
 
 Thesjira miuins; whether a vessel has or has not become a 
 
 recupcravat ^ 
 
 depends derelict by abandonment, the point of inquiry is not 
 intention at so much what was the actual state of things when 
 
 the time of , " 
 
 abandon- the desertion took place, or whether the master and 
 
 ment * . 
 
 crew were or were not mistaken as to the peril or 
 condition of the vessel, as what was the intention 
 
 (g) Tlie Clariise, Swa. 129. See also The Aquila, 1 C. Rob. 
 37, "Sir W. Seott. This is a case of a ship and cargo found 
 derelict at sea, and certainly it is a case of legal derelict, for it 
 is by no means necessary to constitute a derelict tliat no owner 
 should afterwards appear. It is sufScient if there has been an 
 abandonment at sea by the master and crew without hope ot 
 recovery; I say without hope of recovery, because a mere quitting 
 of the ship for the purpose of procuring assistance from shore, 
 or with an intention of returning to her again, is not an aban- 
 donment." And see also the American cases, Tlie Bee, Ware, 
 
 336 ; Roioe v. Brig , 1 Mason, 372 ; Tysm v. Pi-ior, 1 
 
 Gallis, 133; The Island City, 1 Black, 121 ; Williams v. The 
 Cargo of the Adolphe, 19 Am. Jur. 219. 
 
 (h) The Bercule, 8 Irish Jurist, 412. See also The Pen- 
 wick, The Mary, Pritchard's Digest, 824. 
 
 (t) 2746 Cosmopolitan, 6 Notes of Oases, Supp. 17 — 19. 
 
DIFFERENT SETS OF SALVORS. — LEGAL DERELICT. 59 
 
 by which they were actuated at the time. If a chap. hi. 
 master and crew leave their vessel for the safety of Mere in- 
 their Uves, a mere intention of sending a steamer to send a 
 look for her does not take away from the vessel its a vessel 
 character of a legal derelict (^). Nor if the vessel be from risk of 
 abandoned without the existence at the time of any enougb. 
 hope or intention of returning, will a subsequent Subsequent 
 
 „ . . , . ^ change of 
 
 change of opimon under new circumstances, and a opinion and 
 
 . 1 • 1 1 1 1 T return 
 
 return, save it from having become a legal derelict, does not 
 of which salvors may lawfully possess themselves question. 
 before such repossession. 
 
 la the case of The Sarah Sell (1), that vessel, TiuSmah 
 during tempestuous weather, struck upon the Has- 
 borough Sands, where she lay waterlogged, and in a 
 position of extreme danger. The master and crew, 
 in great alarm for their hves, took to their boats, and 
 rowed to a light vessel three or four miles distant, - 
 Whilst in the light vessel they, as they alleged, were 
 on the watch to regain their ship, and when next 1/ 
 morning they saw her floating off the sand they 
 rowed after her. The salvors had, in the meantime, 
 put off from the shore in their boats, and got on 
 board the vessel before the master and crew. Upon 
 a suit for salvage being brought, the Court was of 
 opinion that the master and crew at the time they 
 left the vessel, had no reasonable hope of returning 
 to her; that they quitted her for the purpose 
 
 (k) The Coromandel, Swa. 205. See also The Gertrude, 30 
 L. J. Ad. 130. Where a vessel was found by the salvors 
 abandoned, with four or five feet of water in her hold, the 
 captain and crew having left, caiTying away their olotlies and 
 compasses, she was held to he a legal derelict, although the 
 master and crew came off and hoarded her after the salvors had 
 got on board. 
 
 {I) 4 Notes of Cases, lU. 
 
60 THE LAW OF SALVAGE. 
 
 Chap. III. of saving their lives, and not in consequence of 
 any temporary danger vphich might pass away 
 and give them an opportunity of regaining her, 
 and consequently it held the vessel to be a legal 
 derelict [m). 
 When vessel If at the time the vessel is left there is no animus 
 any mten- or spes either way, the vessel is not a derelict. Thus, 
 way. where the master and crew of a schooner instinctively 
 
 jumped on board a ship in a collision, and were car- 
 ried off against their will, the captain of the ship re- 
 fusing to lend them a boat to return to their own 
 vessel, it was held that the schooner, although found 
 by salvors without any one on board, was not a legal 
 derelict («). Where, however, a vessel in a collision 
 was left so abandoned for three days, she was held 
 to be a legal derelict (o). 
 
 (m) In his judgment in this case, Dr. Lusbington, p. 146, ob- 
 serves : ' ' Now with respect to the spes recuperandi at the time 
 they quitted the vessel, I think they could not rationally have 
 entertained much hope of returning to her. They quitted her 
 because they expected that their lives would be lost if they 
 remained, not because of any temporary danger which might 
 pass away, and they might have an opportunity of regaining 
 her, but they quitted her because the vessel was lying fast in 
 the sand, and for the sake of saving their lives. Sut it is said 
 that after they got on board the light vessel, their expectations 
 and view of the circumstances changed, and an affidavit has 
 been made by the mate of the light vessel, in which he swears 
 to his belief that the vessel would have csme off the sand. It 
 may have been so, but when we speak of the spes recuperandi, 
 •we mean the hope and expectation entertained by the master 
 and crew of returning to their vessel — not what was the pre- 
 cise state of things, but what was the intention by which they 
 were actuated at the time." 
 
 (») The Cosmopolitan, 6 Notes of Cases, Supp. 17. The law 
 of derelict is elaborately reviewed in this case. See also Fenw, 
 Swa. 13, where abandonment at time of collision was held not 
 to constitute a vessel a legal derelict. 
 
 (o) The Pichwiclc, 16 Jur. 669, 670. " Dr. Lushington : It 
 has never been held that abandonment at the instant of collision 
 
DIFFERENT SETS OF SALVOES. LEGAL DERELICT. 61' 
 
 The position in which the vessel was at the time Chap. hi. 
 of abandonment is some evidence as to the inten- p^^y^^7o7 
 tion of the master and crew at the time of leaving. g^^^Jj^^ „f 
 Dr. Lushington, in the case of The Florence {p), is intentiou. 
 thus reported: " I hold there to be a very wide dis- 
 tinction between an abandonment at a distance from 
 land on the open ocean, and the quitting the ship 
 on the coast, when there may exist a fair expecta- 
 tion of returning where the spes recuperandi is pro- 
 bable." 
 
 A ship or goods sunk in the sea are generally ship or 
 
 goods auniv 
 
 derelict. They are not so, however, as long as in the sea. 
 the owner continues to assert his claim, and does 
 not give up the intention of resuming the posses- 
 sion {q). 
 
 A vessel may be considered a derelict so far as Larger re- 
 
 , /111, • ■ 1 ward when 
 
 the amount oi the salvors remuneration is concerned, vessel an 
 without being a legal derelict; that is to say, aban- though not 
 
 II. • 7 • / \ 11 legal dere- 
 
 doned sine ammo recuperandi (r) ; and salvage, as iiot. 
 in the case of a derelict, has been awarded, even where 
 
 constitates ' derelict, ' but I can entertain no douht that in the 
 legal sense of the word this vessel was derelict, because three 
 days had elapsed from the time of collision." See also The 
 Livingstone, Prit. Dig. 824. 
 
 (p) 16 Jur. 572, fil'i. See nearly similar observations in 
 The Genessee, 12 Jur. 401. In the case of The Minerva, 1 
 Spinfcs, 271, where the crew of a vessel were drowned after 
 they had abandoned her, but before they reached the shore, 
 and it consequently was impossible to say whether they had a 
 spes recuperandi or not, Dr. Lushington held that in every 
 sense, legal or otherwise, the vessel was to be considered a 
 derelict. See also L'Esperance, 1 Dods. 46 ; The Berlin, 3 
 Irish Jurist, N. S. 34. 
 
 (j) The Barefoot, 14 Jurist, 841 ; The Beaver, 3 C. Rob. 
 292 ; Tf,e Samuel, 15 Jurist, 407. See T/ie Thetis, 3 Hagg, 14; 
 The St. Petersburyh, The Sophie, Pritcbard's Digest, 821. 
 
 '''•) Jodgment of Dr. Lushington, The Genessee, 12 Jur. 401, 
 402. 
 
62 THE LAW OF SALVAGE. 
 
 Chap. III. the abandonment took place simultaneously with the 
 salvage of the cargo. In the case of The Colum- 
 bia (s), that vessel vpas found by the salvors in a 
 sinking state, and her crew, who were exhausted, re- 
 fused to remain by her. The salving vessel then 
 took off the captain and crew, and saved property to 
 the value of 10,0007. The Court considered the 
 vessel as a derelict, and awarded the salvors a moiety 
 of the property saved. 
 American The American Courts have acted upon these prin- 
 to derelict, ciples ; and as regards the remuneration of salvors 
 they have held that where a vessel at sea, though not 
 abandoned, has on board only persons both physi- 
 cally and mentally incapable of doing anything for 
 their safety, this constitutes a case of quasi derehct, 
 and calls for a liberal compensation to salvors, espe- 
 cially if life as well as property has been saved (t). 
 In Minn v. Leander (it), a vessel with slaves on 
 board, but no white person, was considered a dere- 
 lict, and one-third given as salvage to the person 
 bringing her in. In The Boston [x), the master and 
 crew left their vessel in a sinking condition, and were 
 picked up by another vessel while yet in sight of the 
 wreck. The vessel and cargo thus left were held 
 to be derelict. 
 
 (s) 3 Hagg. 42S. 
 
 {t) The George NicJwlaus, 1 Newb. 4i9. 
 
 («) Bee, 260. 
 
 (a) 1 Sanin. 328. See also The Henry Eulanh, Ibid. 400 ; 
 The Belphos, 1 Newb. 412 ; The T. P. Leathers, Ibid. 421 ; 
 The Charles, Ibid. 329; The John Gilpin, Oleott, 77 ; The Dodge 
 Heally, 4 Wash. 651. And as to -what constitutes a derelict, 
 see Mesner v. Sufolk Bank, 1 Amer. L. E. 248 ; Warde y. La 
 Belle Creole, 1 Pet. Ad. 31 ; Hims v. The Elizabeth and Jane, 
 Ware, 27 ! The Bee, Ibid. 336 ; The Charles, Newb. 329 ; 
 ]yilkie V. Tlie St. Petre, Bee, 82; The British Consul y Smilh 
 ihe, 178. 
 
DIFFERENT SETS OF SALVORS. FIRST FAVOURED. 63 
 
 IPirst Salvors favoured. 
 
 Assuming the vessel to be derelict in tlie legal Salvors in 
 
 f 1 T I'll 'If 1 possession 
 
 sense of the word, as laid down m the foregoing de- of derelict 
 
 _ . . . /. 1 favoured. 
 
 cisions, and in the possession oi salvors competent 
 to bring her into a position of safety, the Court of 
 Admiralty will protect the rights of such first sal- 
 vors with some jealousy, and it will refuse to allow 
 those who, without sufficient cause, dispossess them, 
 to participate in the salvage. " I have," says Lord 
 Stowell(y), " no hesitation in confirming the doctrine 
 I have over and over again laid down, that persons dis- 
 possessing original salvors without reasonable cause, 
 shall receive no' benefit from the services they may 
 afterwards perform, but the whole reward shall go to 
 those who have been wrongfully dispossessed. Those 
 who are wrong doers shall take no advantage from 
 their own wrong (»). 
 
 In the case of The Blendenhdll (a), where the fore- 
 going observations were made, that vessel had been 
 taken by a French ship-of-war, her master and crew 
 made prisoners, and the ship, after being scuttled. 
 
 {y) Tkt Blmdenhall, 1 Dods. 414—418. 
 
 (z) See disQ The Fleece, 3 W. Kob. 278, where Dr. Lushington, 
 after stating that he entirely acceded to the principle aboTe laid 
 down, and would at all times be disposed to act on it, is reported 
 thus, p. 279 ; "It could not, I apprehend, be for a single moment 
 contended that persons so unlawfully intruding themselves, and 
 by force dispossessing salvors of a vessel and cargo in their care 
 and charge, could derive any salvage benefit from their own mis- 
 conduct. It is clear they would have no persona standi in this 
 Court, and any claim which had been asserted on their behalf, 
 must have been dismissed with costs. See also The Cliarlotta, 2 
 Hagg. 361 ; The Clarisse, Swa. 129 ; and the American cases, 
 The Mary, 2 Wheaton, 123 ; The Briy John Qilpin, Oloott, 
 77. 
 
 (a) Ubi supra. 
 
64 
 
 THE LAW OF SALVAGE. 
 
 CtTAP, III. left a derelict. In this position she was found by a 
 Post-office packet, and was taken possession of by 
 the master and ten of his men, who having cleared 
 the ship of water and set her to rights in other re- 
 spects, were conducting her to Plymouth, when they 
 fell in with the Challenger, a brig-of-war, and the 
 captain of that vessel, notwithstanding that no assist- 
 ance was required from him beyond the supply of a 
 log, glass, watch, and chart, put a master's mate 
 and nine hands on board, to conduct the vessel 
 to Portsmouth. Upon these facts Lord Stowell 
 held the Post-office packet to be the sole salvor, 
 and refused to give any portion of the salvage 
 to those who had been put on board from the 
 Challenger (b). 
 
 American The American Courts have recognised and acted 
 upon this principle. In the case of The Amethyst (c), 
 a wreck, having been discovered by three schooners, 
 was boarded by one of them, and although no one 
 remained on board that night, the three vessels lay 
 by the wreck in order to tow her itito port the next 
 morning. At daybreak she was about a mile from 
 them, and they proceeded at once to take possession, 
 but before they reached the wreck it had been 
 boarded by the crew of another vessel; these the 
 salvors dispossessed, and towed the vessel off. On a 
 salvage suit being brought, it was held that the pos- 
 session the salvors had taken the night before was 
 
 (6) See also The Eugene, 3 Hagg. 156, where two sets of 
 smaoka claimed as salvors ; and the suit of the second set was 
 not sustained, their assistance having been obtruded, and see The 
 Samuel, 15 Jurist, 407 ; The Queen Mab, 3 Uagg. 242 ; The 
 Glasgow Packet, 2 W. Eob. 306 ; The Glory, 14 Jurist, 676. 
 
 (c) Daveis, 20. 
 
DIFFERENT SETS' OF SALVORS. — FIRST FAVOURED. 6.1 
 
 sufficiently continuous, and that the crew of the chap. hi. 
 fourth vessel, whom they had displaced, were not 
 entitled to any salvage (d). 
 
 This principle of favouring the salvors first in Exclusion 
 possession is, however, one in the application of salvors to be 
 which the Court necessarily proceeds with very applied ^ 
 great caution ; and although it puts upon second 
 salvors the onus of proving either the adoption of 
 their services or the incompetency of those already 
 in possession to complete the salvage (e), they have 
 not ordinarily heen required to make out a very 
 strong case, and it is apprehended that it will be 
 sufficient if they can show that the circumstances of 
 the case afforded them a reasonable justification for 
 their interference (/). The Court has consequently 
 held the second salvors to be entitled to participate 
 under circumstances where it was possible that the 
 original salvors could, unassisted, have completed the 
 service (^). 
 
 Thus in the case of The Pickwick (h), that vessel 
 having been abandoned at sea, was fallen in with, 
 three days afterwards, by The Agnes, a small 
 schooner, which took her in tow, and proceeded with 
 her towards Liverpool. After the derehct had been 
 
 (d) See also "A quantity of Iron," 2 Spragne, 51. 
 
 (e) Tlie Blendenhall, ubi supra. A mere acquiescence or 
 submission by the first salvors to the superior numerical force 
 of the second set, will not be sufficient Evidence of consent, The 
 Eugene, 3 Hagg. 166. 
 
 (/) The Pickwick, 16 Jur. 669, 670. Dr. Lushington ; "The 
 second set of salvors must show that there was no fair probability 
 that the vessel could be brought into port in safety in due time 
 by the first set, but it would be most injurious to mercantile 
 interests, if the principle was carried to an extreme extent." 
 
 (g) The Pickmick, ubi supra, 
 
 (h) 16 Jurist, 669. 
 
()6 THE LAW OF SALVAGE. 
 
 criAp, III. in charge of the schooner for about half an hour, 
 The President, a steamer which had been chartered 
 by the underwriters of The Piolewich, came up, and 
 forcibly dispossessed the crew of the schooner. The 
 Court held that, under the circumstances, both the 
 schooner and steamer were entitled to salvage. Dr. 
 Lushington, in the course of his judgment, obseridng: 
 " Here is a schooner of 75 tons burthen, manned 
 with six persons, three of whom go on board The 
 PichwicJe, upwards of 400 tons burthen, and laden 
 with a valuable cargo, in the middle of February. 
 Can any reasonable man come to the conclusion that 
 there was anything like an appearance of safety 
 under these circumstances ? It seems to me that it 
 was the bounden duty of those on board The Presi- 
 dent to exercise the authority given them by the 
 owners to render assistance to the vessel. The 
 only chance of The Agnes effecting the service was 
 from the continuance of a fair wind. Looking at 
 the value of the property, 32,000?., I think I can 
 say it was the duty of those on board The President 
 to take The PieJcwich into their own care, and tow 
 her into a place of safety. I say this without im- 
 puting the slightest blame to those on board The 
 Agnes. I give them credit for doing all that was in 
 their power to do. It must, however, be remem- 
 bered, that The Agnes was displaced only on the 
 plea of necessity, and unless that necessity was 
 clearly established, she would be entitled to be con- 
 sidered as a sole salvor. It is rather a hardship for 
 her, for she had a chance of performing the whole 
 service." 
 
 wiiero sor- Where the assistance of the second salvors was 
 
 vices of BO- 
 
DIFFERENT SETS OF SALVOKS. FIRST FATOURED. 67 
 
 beneficial rather than absolutely necessary, they chap. hi. 
 have been awarded salvage. In the case of The ~ I 
 
 o cond set 
 
 Gharlotta (i), two vawls were in the act of bringina; Jeneficjai 
 
 J . . ^ though not 
 
 a derelict into port, and a revenue cutter insisted, necessary. 
 notwithstanding the protest of the salvors, on towing 
 the vessel ; the Court, although it seemed to be of 
 opinion that the first salvors could alone have com- 
 pleted the service, and refused to detract from their 
 merits by deducting anything for the cutter from the 
 two-thirds which it awarded them, yet held the ser- 
 vices of the cutter to be seasonable and meritorious, 
 and awarded it lOOZ. {k). 
 
 The Court, although it protects salvors against Salvors 
 
 . ' , . . puniahed 
 
 improper interference, at the same time requires for refusing 
 them to avail themselves of further assistance, whilst assistance, 
 the success of their efforts remains doubtful, and 
 ■where they improperly refuse that assistance the 
 Court will award to them a less sum than it other- 
 wise would have given (Z). 
 
 "I cannot conceive," says Dr. Lushington (m), 
 " that any notion can be broached more injurious to 
 the security of the mercantile navy of this country', 
 than a notion that because a man happened first to 
 go aboard a vessel, and then a steam-tug was oifered, 
 he had a right to refuse that assistance, and claim 
 to perform the duty himself, because by possibility 
 
 (i) 2 Hagg. 361. 
 
 (k) See also The Berlin, 3 Irish Jurist, 34 ; The Gudrun, 
 5 Irish Jurist, N. S. 361 ; The Magdalen, 31 L. J. Adm. 
 22 ; The Elizabeth, 8 Irish Jurist, 340. 
 
 (l) The Glm-y, 14 Jurist, 676. In this case the salvors pre- 
 vented the use of a steamer, and were awarded lOOZ. instead of 
 3002. See The Berlin, ubi supra; The Cambria, Pritohard's 
 Digest, 767 ; The Elizabeth ; The Qud/run, ubi supra. 
 
 (m) The Glory, ubi supra. 
 
 a 2 
 
68 
 
 THE LAW OP SALVAGE. 
 
 Chap. III. a set of salvors might heave a vessel by an anchor, 
 or succeed in getting her off the sand." 
 
 The foregoing principle was acted upon in the case 
 of The Dosseitei (n). In that case a vessel was 
 taken by a set of salvors, anchored in a place of some 
 danger, and left there for several hours, whilst the 
 salvors went for more ropes and spars which were 
 necessary. Another vessel which came up offered 
 her assistance, and if the offer had been accepted the 
 vessel might at once have been taken to a place of 
 safety, but the salvors refused the offer, and after 
 some delay, brought the vessel into port. It did 
 not appear that the delay occasioned any loss to the 
 vessel, but the Court being of opinion that there was 
 great risk in leaving the vessel at anchor in an 
 exposed position, diminished the amount of sal- 
 vage on that account, and intimated, that if it 
 thought that the refusal of the assistance of the 
 other vessel arose from a deliberate disregard of 
 the safety of the vessel in distress, and from the 
 mere hope of gain, it would have refused compen- 
 sation altogether (o). 
 
 Ahandonment by first Salvors. 
 
 First set If the first of two sets of salvors abandon the en- 
 
 secMid ei> ' terprise without any intention of resuming it, and 
 
 the other set afterwards enter upon the service, and 
 
 bring it to a successful issue, they will be entitled to 
 
 the whole salvage. 
 
 (n) 10 Jurist, 865. 
 
 (o) Seejudgmeat of Dr. Lushington, The Genessee, 12 Jurist, 
 iOl. See also The Berlin, 4 Irish Jurist, 11. 
 
DIFFERENT SETS OF SALVOES. 69. 
 
 The case of The India (p) affords a useful illustra- chap. in. 
 tion of the above principle. There the vessel got upon " 
 
 the sands off the coast of Norfolk, and a boat's crew, 
 which caHie off from Yarmouth, offered their help, 
 which was accepted, and were then occupied a whole 
 day in assisting the vessel. They ultimately, how- 
 ever, accompanied by the ship's crew, left the vessel 
 without expressing any intention of returning. The 
 vessel was then a derelict on the sands, and whilst in 
 this position was boarded by the second set of sal- 
 vors, who adopted the necessary measures for getting 
 her off, resisting the attempt to assist of the Yar- 
 mouth boatmen, who returned to the vessel, and 
 claimed to join in the salvage. On suits for salvage 
 being brought, the Court dismissed the claim of the 
 first set, and awarded the whole of the salvage to the 
 second (q). 
 
 In the American case of T7te John Wurts (r), that American 
 vessel was found by the salvors bottom upwards, dis- wiurts. 
 mantled, and deserted. They towed the wreck into 
 port, and claimed salvage. Another set of salvors 
 then intervened, and claimed to share in the salvage, 
 alleging that four weeks before the wreck was 
 discovered by those who brought it into port, the 
 second claimants found it sunk in ten fathoms of 
 water ; that they attempted to raise it, but were 
 obliged to leave on account of bad weather ; that 
 afterwards they procured a steamer, and towed the 
 wreck for about ten miles, when they were driven 
 
 {p) 1 W. Kob. 406. 
 
 (2) See also The Clarisse, Swa. 129; Tlie Cosmopolitan, 
 6 Notes of Cases, Snpp. 17. 
 (r) Oleott. 482. 
 
.70 THE LAW OF SALVAGE. 
 
 Chap. III. away by gales, and the wreck blown oiF to sea; and 
 that they had been in active pursuit of it for three 
 weeks, but could not find it. The claim of the 
 second claimants interyening was dismissed, Betts, J., 
 in his judgment (s), making the following observa- 
 tions : " An impression seems to have obtained, that 
 one who finds derelict property under water, or afloat, 
 acquires a right to it by discovery, which can be 
 maintained by a kind of continued claim, without 
 keeping it in possession, or applying constant ex- 
 ertions for its preservation and rescue. There is no 
 foundation for such a notion. The right of a salvor 
 results from the fact, that he has held actual pos- 
 session, or has kept near to what was lost or aban- 
 doned by the owner, or placed in dangerous expo- 
 sure to destruction, with the means at command to 
 preserve and save it, and that he is actually employ- 
 ing those means to that end Notorious 
 
 possession, with the avowal of the object of such 
 possession, are cardinal requisites to the creation or 
 maintenance of the privileges of a salvor ; where they 
 do not exist, any other person may take the property, 
 with all the advantages of the first finder." 
 First set •'■t however, the first set leave the vessel for the 
 
 'latedfor purpose of procuring assistance, and without the in- 
 actuai sei- tention of abandoning the undertaking, they may be 
 awarded salvage for any thing they may have done 
 beneficial to the vessel, or which might have ren- 
 dered the salvage easier or more practicable to 
 those who subsequently complete the service {t). In 
 the case of The JE. JJ. (m), that vessel was driven, 
 
 (s) Page 469. 
 
 (0 The E. U., 1 Spinks, 63. 
 
 (a) Ibid. 
 
 ■vice. 
 
DIFFERENT SETS OF SALVORS. 71 
 
 with both anchors down, by a gale of wind from the chap. hi. 
 S.W. on to the Brake Sand, where she struck heavily, 
 the sea flying over the main-top. She then drifted, 
 and when near the Elbow Buoy was boarded by some 
 men from the Broadstairs lifeboat. These men re- 
 mained on board to assist the vessel, the remainder 
 of the lifeboat's crew, consisting of five men, return- 
 ing to the shore for an anchor and chain. The men 
 on board, after working some hours at the vessel, 
 succeeded in wearing her head towards the north, 
 and were then compelled to abandon her, and with 
 the crew of the ship were taken oif and landed by 
 a lugger which had lain by the vessel. The life- 
 boat's crew having procured the anchor and chain, 
 again went in search of the ship, and found her in 
 tow of a steamer. On a suit for salvage being 
 brought by the crew of the lifeboat, it was objected 
 that the claimants had rendered no service whatever 
 towards saving the ship. The Court, however, held 
 them to be entitled to salvage. Dr. Lushington, in 
 the course of his judgment {x), thus dealing with the 
 objection that the salvors had done nothing towards 
 completing the salvage of the ship : "The answer 
 is, in my opinion, this, — No one can tell the precise 
 eifect of the head of the vessel being put to the N. 
 by those on board the lifeboat. It may have been 
 productive of great benefit, or on the other hand, it 
 may not have been in the slightest degree instru- 
 mental in saving the vessel. Looking, however, to 
 the whole case, and especially to the intrepid manner 
 in which the salvors went on board the lifeboat, and 
 the general maritime benefit in inducing persons to 
 
 (x) Page 66. 
 
'-i THE LAW OF SALVAGE. 
 
 Chap. III. go on in extreme difficulty to save the' lives of those 
 iu danger, I shall overrule the tender, and give the 
 sum of 300Z." 
 
 The Genessee. In a somewhat similar case, that of The Genessee{n), 
 where the first salvors, the crews of fishing smacks, 
 rendered what help they could to a vessel which was 
 subsequently saved by a tug. The Rohert Bruce, 
 the same learned judge, in awarding the first salvors 
 a portion of the salvage, observes : " It is true that 
 the real essential service of bringing the vessel away 
 from the spot she was in was performed by The 
 Sobert Bruce, and it is equally true that the rigging 
 of the jury-mast, and the getting of an anchor and 
 cable, turned out to be of no importance, inasmuch 
 as The Bobert Brttee could at once render assist- 
 ance ; but it is a very different question, in my opi- 
 nion, where salvors have exerted themselves for the 
 preservation of a ship and cargo, at the risk of their 
 lives, and that under circumstances in which it might 
 be impossible to obtain a steamer, to say that the 
 great merit in this case belonged to the steamer. 
 . . . . I have thought it right to notice this, 
 in order to encourage salvors, wherever they can, to 
 resort as speedily as possible to the employment of 
 steamers, because I believe the lives of the persons 
 on board, and the property, are far more likely to be 
 . saved by that means. If I- were to deprive salvors 
 of their reward, because the end of a service was 
 completed by a steamer, I think I should do mischief 
 to the real interests of the commerce and navigation 
 of the country." 
 
 («) 12 Jurist, 40]. 
 
DIFFERENT SETS OF SALVOES. 73 
 
 In the case of The Jonge Bastiaan [x], where a chap. hi. 
 vessel was found by salvors stuck fast upon a rock, 
 her bottom beaten in, and her rudder lost, and they 
 succeeded in warping her off, and keeping her afloat 
 sufficiently long to enable some of her cargo, whicli 
 was bullion, to be got out of her, and she then sank, 
 and the salvors left, and on returning found that a 
 second set of salvors had weighed her, and were 
 rescuing the remainder of her cargo; both sets of 
 salvors were held entitled to salvage, and to an equal 
 amount («/). 
 
 Distribution heticeen Rival Salvors. 
 It has been held in America, that where salvors Ameiknn 
 
 cases of 
 
 fall into distress, and are, together with the salved pro- salvors faii- 
 
 , , , 11- tog into 
 
 perty, saved by another vessel, the second salvors, m distress, 
 
 . Ill ^nd saved 
 
 such a case, are entitled to a portion, but not the whole by othei-s. 
 of the salvage reward {z) ; and the same Courts have 
 also held, that if the second salvors make it a condi- 
 tion of their rendering assistance, that the first set 
 shall abandon their claims to salvage, such a bar- 
 gain would, in the awarding of the remuneration, be 
 disregarded by the Court («). 
 
 Where there are different sets of salvors acting Misconduct 
 
 • . of one set 
 
 independently of each other, the misconduct or one does not 
 set will not affect the claims of the other, if they others. 
 
 (x) 5 C. Rob. 322. 
 
 (y) See also The Santipore, 1 Spinks, 231 ; The Magdalen, 
 31 L. J. ■22 ; The Atlas, Lush. 518 ; The Genessee, 12 Jurist, 
 401 ; The Endeavour (Colby v. Watson), 6 Notes of Cases, 56; 
 The Albion, 3 Hagg. 254. See also the American casps, The 
 Brothers, Bee, 136 ; The Island City, 1 Black. 121 ; The 
 Underwriter, 4 Blatch. 0. C. 94. 
 
 (z) The Eubanh, 1 Sumner, 400. 
 
 (a) Judgment of Story, J., The Eidianh, uhi supra. 
 
THE LAW OF SALVAGE. 
 
 CoAp. III. had no participation in it. In the case of The Nep- 
 tune {h), a consohdated action by two sets of salvors, 
 consisting of the crews of some smacks, for salvage 
 rendered to a foreign ship in getting her off the Long 
 Sand, was dismissed, on the ground that the first 
 salvors, who had boarded the vessel prior to her 
 striking upon the sand, had acted erroneously in 
 letting go the anchor instead of putting the vessel 
 into stays, and had, in fact, caused the vessel to go 
 aground. The second salvors, on a subsequent 
 application to the Court, were awarded salvage, hav- 
 ing proved that they came up and rendered assist- 
 ance after the vessel was upon the sand, and that 
 they had not recognised the acts done on board 
 the vessel previous to the commencement of their 
 service. 
 
 In the event of more than one set of salvors being 
 held entitled to participate in the sum awarded, the 
 apportionment between them rests in the discretion 
 of the Court, and will mainly depend upon the na- 
 ture of the exertions made, the danger incurred, and 
 the extent of the benefit conferred upon the vessel 
 saved. 
 
 In The JSndeavgur (c), where salvage was claimed 
 by one set of salvors for getting a vessel off the sand, 
 and by another set for getting up her anchors (which 
 had slipped) after she was clear of the sand, the 
 Court held that the salvors of the anchors were 
 
 Apportion- 
 ment be- 
 tween dif- 
 ferent sets 
 of salvors. 
 
 (i) 1 W. Rob. 297. 
 
 (c) 6 Notes of Cases, 56. For instances of apportionment 
 bet-ween different sets of salvors, see The Saniipore, 1 Spinlis, 
 231 ; Tke Magdalen, 31 L. J. Ad. 22 ; The Pickwich, 16 
 Jurist, 669 ; The Jonge Bastiaan, 5 C. Kob. 32a ; The 
 Genessee, 12 Jurist, 401. See also, title "Apportionment," ^os<. 
 
DIFFEEENT SETS OF SALVOES. /O 
 
 not entitled to share in the general salvage of the chap. in. 
 vessel. 
 
 A not very dissimilar question arose in the Ameri- 
 can case — "A Box of Bullion" (d). In that case the 
 American ship Constitution, being in distress at sea, 
 her crew and a box of bullion were taken off by the 
 Danish vessel, Urania. Three days afterwards The 
 Urania fell in with The Constellation, a vessel bound 
 to the United States, and transferred to this vessel 
 the crew of The Constitution and the bullion. On a 
 suit for salvage being brought, it was held that The 
 Constellation was only entitled to a quantum meruit 
 for the carriage of the gold, and that the taking of the 
 box on board was not a continuation of the salvage 
 service of The Urania, and did not confer upon her 
 any of the rights of that vessel. 
 
 (rf) 1 Sprague, 57. 
 
CHAPTER IV. 
 
 AMOUNT OF SALVAGE. 
 
 Chap. IV. 
 
 General 
 pi'inciples 
 regulating 
 amount of 
 salvage. 
 
 Principles Megulating. 
 
 The amount to be awarded to salvors rests entirely 
 in the discretion of the Court, and depends upon 
 the circumstances of each case (a). Although, as 
 will readily be seen, no fixed rule can be laid down 
 upon the subject {&), still there are certain general 
 principles which influence the Court in fixing the 
 amount to be awarded, and to which it is desirable to 
 direct attention. 
 
 The Court, as a general rule, will take into con- 
 sideration all the facts of the case, the state of the 
 weather at the time the services were rendered, the 
 degree of damage, and danger to the ship and cargo, 
 the risk and peril incurred by the salvors, the time 
 occupied, and the value of the property. The amount 
 awarded generally far exceeds a mere remuneration 
 i'or work and labour, the excess being intended upon 
 
 («) By sect. 458, of 17 & 18 Vict. c. 104, it is provided 
 that a reasonable amount of salvage shall be payable, but 
 what is a reasonable amount is of course to be determined by 
 the Court. 
 
 (b) The Cuba, 1 Lush. 15. " The amount of salvage reward 
 due is not to be determined by any rules ; it is a matter of 
 discretion, and probably in this or in any other case no 
 two tribunals would agree." Per Dr. Lushington. 
 
AMOUKT. 77 
 
 principles of soundpublic policy, not only as a reward chap. i\' 
 to the particular salvor, but as an inducement to 
 others to undergo risk and peril in the rescue of 
 property in danger (c). 
 
 The Court will not, however, fail to guard against 
 exorbitant demands, and an undue advantage being 
 taken of distress {d). 
 
 In the American case, T/ie Blaireau (e), Chief Amerk^m 
 Justice ^Marshall lays down the same principle in salvage 
 fuller terms. " If," says the Chief Justice, " the ™*^ ^' 
 property of an individual on land be exposed to the 
 greatest peril, and be saved by the voluntary exer- 
 tions of any person whatever ; if valuable goods be 
 rescued from a house in flames, at the imminent 
 hazard of life, by the salvor, no remuneration in the 
 shape of salvage is allowed. The act is highly meri- 
 
 (c) JudgmeDtof Sir John Nicholl, The IndMstry, 3 Hagg. 203, 
 204. See also The Clifton, Id. 117, where the same learned 
 Jndge, p. 121, observes : — " The ingredients of a salvage service 
 are, first, enterprise in the salvors in going out in tempestuous 
 weather to assiat a vessel in distress, risking their own lives to 
 save their fellow-creatures and to rescue the property of their 
 fellow-subjects ; secondly, the degree of danger and distress from 
 which the property is rescued — whether it were in imminent peril 
 and almost certainly lost, if not at the time rescued and preserved ; 
 thirdly, the degree of labour and skill which the salvors incur 
 and display, and the time occupied. Lastly, the value. Where 
 all these circumstances concur, a large and liberal reward ought 
 to be given ; but where none, or scarcely any, take place, the 
 compensation can hardly be denominated a salvage compensa- 
 tion ; it is little more than a mere remuneration p-o 0}>ere et 
 labore." See also The Otto Hermann, The Albert, The Ella 
 Constance, 33 L. J. Ad. 189, 190. 
 
 id) Per Sir John Nicholl, The Hector, 3 Hagg. 90—95. 
 See also The Sarah, 1 C. Rob. 313, n. ; Tlie Wm. Beckford, 
 3 C. Eob. 355; The FusUeer, 10 L. T. N. S. 699; Marvin 
 on Wreck and Salvage, p. 1 06 ; and the following American 
 cases : The Bmnlous, 1 Sum. 216 ; The Henry Eahanlc, Id. 
 400 ; Fretz v. Bull, 12 How. 466 ; The Genesee Chief, Id. 443 
 
 (e) 2 CrancU. 266. 
 
'O THE LAW OF SALVAGE. 
 
 Chap. IV. toi'ious, and the service is as great as if rendered at 
 sea, yet the claim for salvage could not perhaps be 
 supported. It is certainly not made. Let precisely 
 the same service, at precisely the same hazard, be 
 rendered at sea, and a very ample reward will be 
 bestowed in the courts of justice. If ■we search for 
 the motives producing this apparent prodigality in 
 rewarding services rendered at sea, v/e shall find them 
 in a liberal and enlarged policy. The allowance of a 
 very ample compensation for these services, one very 
 much exceeding the mere risk encountered and 
 labour employed in effecting them, is intended as an 
 inducement to render them, which it is for the public 
 interests, and for the general interests of humanity, 
 to hold forth to those who navigate the ocean. It 
 is perhaps diificult on any other principle to account 
 satisfactorily for the very great difference which is 
 made between the retribution which is allowed for 
 services at sea and on land. Neither will a fair cal- 
 culation of the real hazard or labour be a foundation 
 for such difference, nor will the benefit received 
 always account for it " (/). 
 
 (/) See also the instructions to Receivers of Wreck issued 
 hy the Board of Trade, where the ingredieats of a, salvage 
 service are thus described. 1865, Art. 94 and 94 a : — 
 
 1. The degree of danger from which the lives or property are 
 
 rescued, 
 
 2. The value of the property saved. 
 
 3. The risk incurred by the salvors. 
 
 4. The value of the property by the use of which the services 
 
 are rendered, and the danger to which it is exposed. 
 
 5. The skill shown in rendering the service. 
 
 6. The time and labour occupied. 
 
 ***** 
 
 The risk incurred by the salvors themselves, if necessarily 
 incidental to the performance of the service, is the most im- 
 
AMOUNT. 79 
 
 In estimating the value of the services rendered by chap. iv. 
 the salvors, the Court looks to the exertions actually How far 
 made, and the peril to which the property saved vs'as ™orms"re' 
 subject. It will not take into consideration exertions into'^eoSi" 
 that might have been required or danger that might ii<"^^ti™- 
 have subsequently arisen if the salvage had been 
 eifected at a later period. " Subsequent perils and 
 storms," observes Mr. Justice Story (g), " may enter 
 as an ingredient into the case when they were fore- 
 seen, to show the promptitude of the assistance, and 
 the activity and sound judgment with which the 
 business was conducted, but they can scarcely avail 
 for any other purpose. Ought the salvage to be 
 diminished by a favourable state of the weather after 
 the arrival in port ? If not, why should it be in- 
 creased by an unfavourable state of the weather ? To 
 introduce such ingredients into the estimate of sal- 
 vage, which were neither foreseen nor acted upon, 
 would compel the Court to deliver itself over to con- 
 jectures resting on loose probabilities, the nature and 
 extent of which could never be measured. It would 
 be to go off soundings, to desert facts, and to be 
 
 portant iDgredient in estimating the amount of salvage to be 
 awarded. The value of human life is that which is and ought 
 to be principally considered in the preservation of other 
 men's property ; and if this be satisfactorily proved to have 
 been hazarded, the salvors should be most liberally rewarded, 
 and where not only risk has been incurred, but actual loss of 
 life has ensued, a still larger amount of salvage should be 
 given. In estimating the degree of danger, regard should be 
 had to the damage sustained by the vessel itself, the nature of 
 the locality from which she was rescued, the season of the year 
 when the services were rendered, and if the weather at the 
 time was not tempestuous, the probability or improbability of 
 its becooiing so, ignorance or knowledge, as the case may be, 
 on the part of the master or other person on board the vessel. 
 ((/) The Emulous, 1 Sumner, 216. 
 
80 
 
 THE LAW OF SALVAGE. 
 
 Chap. IV. guided by speculations always questionable, and some- 
 times deceptive" {h). 
 Liberal Salvors who preserve human life are entitled to be 
 
 life salvage, liberally rewarded, and in determining the amount 
 to be paid them, the degree of peril to which they 
 and the persons whom they saved were exposed, is 
 to be taken into consideration (j). In giving judg- 
 ment in the case of The Thomas Melden (k), Dr. 
 Lushington observes, " I hesitate not to say that 
 however great may be the danger to the property 
 itself, if it is wholly unattended with risk to human 
 life, it assumes much less value than under circum- 
 stances where human life is put in peril. . . . 
 The time is of no consequence. I have even held 
 the opinion that when once I can come to the convic- 
 tion that human life has been at stake, even for a 
 short time, it is the duty of the Court amply to 
 reward the persons concerned, and for obvious and 
 plain reasons; first, because from the necessity of 
 the case, a very great reward should be given wher- 
 ever there has been a sacrifice of human life ; and 
 secondly, that human life is above all other considera- 
 tions, and ought never to be exposed to unnecessary 
 hazard and risk." « 
 
 Reward When there is a joint salvage, a vessel saving life 
 
 7^gemm- ^^ ^^^^ ^^ property, has been awarded a higher re- 
 ajid^pjj? muneration than one saving property only (1). 
 
 perfcy. 
 
 (h) See also Talbot v. Seeman, 1 Ciancli. 1 ; The Versailles, 
 
 1 Cnrteis,360; The Brig Alphonso, Id. 378; The Independence, 
 
 2 Id. 350. 
 
 (i) The Eastern Monarch, Lush. 81. 
 (h) 32 L. J. Ad. 6L 
 
 (I) The Clarisse, Swa. 129. See als) The Coromandel, 
 Swa. 206 ; The Bartley, Id. 198 ; The Alma, Lush. 378. 
 
AMOUNT. 81 
 
 AYhere the vessel salved is a steam-boat carrying Chap. iv, 
 passengers, tlie reward is not to be estimated by the salvage of 
 same considerations of value as are applied to other K™o?»' 
 vessels. Such vessels make large profits, and are 
 not to pay for salvage services as if they were only 
 carryuig ballast. "Humanity," observes Sir John 
 NichoU (m), "requires that every possible encourage- 
 ment in the way of liberal reward should be given, 
 in order to induce a prompt and efficient assistance 
 to these vessels, and that the reward should be 
 beyond a mere proportion of the value as in ordi- 
 nary cases" (m). 
 
 Steamers, in consequence of the cost at which Salvage by 
 they are fitted up, the power which they possess of ' '^ 
 performing salvage services with much greater celerity 
 than other vessels, and under circumstances in which 
 no other assistance could prevail, and the greater 
 safety to the salved vessel which attends their 
 services, are generally entitled to greater salvage 
 reward than other vessels (o) ; and this is especially 
 so where a steam vessel is solely built for' and 
 devoted to salvage services, and depends entirely 
 on her chances for public encouragement and sup- 
 port (p). 
 
 Where the time occupied by a steamer in render- 
 
 (m) The Ardincaple, 3 Hagg. 151 — 153 ; The London 
 Merchant, Ibid. 394—400. 
 
 (»') As to suits for salvage services rendered to ships of war, 
 see The Prins Frederik, 2 Dods. 451 ; The Oomus, Ibid. 464 ; 
 and the American cases, The Exchange, 7 Cranch. 116; The 
 Thomas A. Scott, 10 L. T. N. S. 726. 
 
 (o) The Kingalock, 1 Spinks, 263—267 ; The Alfen, Swa. 
 189, 190 ; The Raikes, 1 Hagg. 246 ; The London Merchant, 
 3 Hagg. 394; The Earl Grey, Ii.id. 363; The Perth, Ibid. 
 414 ; The Shannon, 11 Jur. 1045 ; The Graces, 2 W. Kob. 294. 
 
 (p) The Mary Anne, (Irish), 11 L. T. N. S. 85. 
 
82 
 
 THE LAW OF SALVAGE. 
 
 Ciiip. IV. ing salvage service is of limited duration, that circum- 
 stance of itself will not operate against the claim of 
 the salvors (q). 
 
 Where a steam vessel is summoned by signal or 
 otherwise to the assistance of a vessel in distress, 
 she is to be remunerated for the distance she may 
 come in order to reach the vessel {r). 
 
 By passeii- Where the salving vessel is a passenger ship, the 
 Court, in estimating the amount of salvage to be 
 awarded, will take into consideration the nature of 
 the vessel's employment (s), and the great respon- 
 sibility which the master of such a vessel takes 
 upon himself in delaying the prosecution of his 
 voyage (t). 
 
 Iiivor's* ro- Where ships' boats pr other property are employed 
 
 perty. in connection with the salvage service, the value of 
 
 that property is to be taken into consideration in 
 fixing the compensation of the salvors («). The fact 
 thaC such property may be of trifling importance, 
 does not necessarily detract from the value of the 
 salvage service, whilst the placing of valuable 
 property in peril does undoubtedly enhance its 
 merit (»). 
 
 compensa- In cascs where the salvins; vessel has sustained 
 
 tion for ^ ^ ° 
 
 damage to damage or loss in rendering salvage services, the 
 
 s:ilving ... 
 
 vessel. Court has frequently, in addition to the salvage, 
 awarded a reasonable compensation for the damage, 
 and for the loss of the ship's services whilst under- 
 
 iq) Jadgment of Dr. Lushington, The Andaltma, 12 L. T. 
 N. S. 684. 
 
 (!■) The Graces, 2 W. Rob. 294—300. 
 
 (s) The Vanguard, 5 Irish Jur. N. S. 364. 
 
 («) The Ella Constance, 33 L. J. Ad. 189—192. 
 
 («) The FusUeer, B. & L. 341. 
 
 (x) Ibid. 
 
AMOUNT. 83 
 
 going repairs {y) ; and where such a vessel is injured chap. iv. 
 or lost whilst engaged in the salvage service, the 
 presumption is that the injury or loss was occasioned 
 by the necessities of the service, and not by the de- 
 fault of the salvors, and in such a case the burden 
 of proof lies upon the defendants who allege that 
 the loss was caused by the salvors' own acts (s). 
 
 In The Jane (a), a south-sea whaler, which had been 
 detained in consequence of salvage services rendered 
 by her, was decreed additional compensation to cover 
 the risk, damage, and expense which she had incurred ; 
 and in The Salacia (S), compensation was in the same 
 way awarded to a vessel engaged in the sealing trade, 
 for the loss of the sealing season. In The Howth- 
 andcl (e), the loss of a quantity of ice with which the 
 salving vessel was laden, was taken into considera- 
 tion in awarding the salvage. 
 
 Where any payments have been made or are claimed Payments, 
 by the shipowner in respect of the damage or deten- omiier to te 
 
 oi !• 11 1111 1. stated iu 
 
 tion or the salving vessel, they should be stated m petition. 
 the petition, that they may, if reasonable, be allowed 
 against the defendants, or the Court will not after- 
 wards take the payments into account as against the 
 other claimants in apportioning the salvage («^). 
 
 If a fishing vessel should interrupt a lucrative Compenai- 
 
 /I 1 • 1 ^^o^ fo*' ^"'^^ 
 
 employment tor the purpose oi rendermg salvage offlfshing. 
 
 (7/) The Spirit of the Age, Swa 286 ; The George Dean, Ibid. 
 290 ; The Saratoga, Lush. 318 ; The Eleinore, Br. & L. 185 ; 
 The Martha, 3 Hagg. 434. See also The Cornelius Ch-innell 
 (American), 11 L. T. N. S. 278. 
 
 (s) Judgment of Dr. Lushington, The Tliomas Blyth, Lush. 
 16. 
 
 (a) 2 Hagg. 338. 
 
 (6) Ibid. 262. 
 
 (c) 1 Spinks, 25. 
 
 (d) The Wigtownshire, 36 L. J. Ad. 11. 
 
 G 2 
 
^^ THE LAW OF SALVAGE. 
 
 '^" "•- "'• service, that fact, and the loss she may have sus- 
 tained, will form an essential ingredient in the esti-. 
 mate of the award (e). In ordinary cases, however, 
 where there is no imminent danger, the Court will lean 
 against the claims of fishermen to be compensated to 
 the full extent of their possible earnings. In The Ni- 
 colai Heinrich. (/), Dr. Lushington is thus reported : 
 "The Court has to consider what has been the loss 
 which the salvors have experienced in deserting 
 their occupation of fishing and rendering this service. 
 This latter circumstance is one to be treated with 
 some tenderness, but the principle of taking into 
 account the loss they have sustained is not to be 
 carried too far. I entirely agree with an observation 
 made by counsel on that point, that if the representa- 
 tion of the salvors as to the great loss they have 
 suffered is true, considering the services they were 
 called upon to render, they ought not to have taken 
 charge of the vessel without having stated to the 
 captain the sum they would ask. I wish it to be 
 distinctly understood, as these cases seem to be mul- 
 tiplying, that if persons engaged in fishing are to be 
 employed in a service of this description, which is 
 not really important, and afterwards think they can 
 induce the Court to give them any possible amount 
 of profit which they think they might have ac- 
 quired, they had better go on with the latter, and 
 not afford their services. In cases of imminent 
 danger, whatever amount of gain they would have 
 acquired by fishing would undoubtedly be taken 
 
 («) The Louisa, 3 W. Eot. 99. 
 (/•) 17 Jur. 329. 
 
AMOUNT. 85 
 
 into consideration, but not in cases such as that chaf. iv. 
 now before me." 
 
 The damage must not be too remotely connected Remoteness 
 with the salvage. In the American case, C Orinnell, ° '™''"^- 
 the salving steamer was, in consequence of the time 
 that the salvage occupied, delayed in the subsequent 
 prosecution of her voyage at a dangerous place about 
 low water, which, but for that delay, she would pro- 
 bably have reached about high water, and have 
 passed in safety, but under the circumstances she 
 struck on a rock, and was seriously injured; the 
 Court held the damage too remote to be considered 
 as an element in estimating the amount of sal- 
 
 It was formerly laid down that in awarding salvage Shipowner's 
 the Court would not take 'into consideration any risk surance 
 which the owner of the salving vessel underwent of vitiated, i-c. 
 having his policy of insurance vitiated in conse- 
 quence of a deviation by her, but would consider 
 every vessel as uninsured (A). In more recent cases, 
 
 (g) The Cornelius Gnnnell (American), 11 L. T. N. S. 278. 
 See also The Mulgrave, 2 Hagg. 77, where the owners of a 
 salving vessel, which had agreed to accept a fixed sum for her 
 services, were held not to be entitled to remuneration for loss 
 on the cargo (fish) occasioned by delay, caused in fulfilling the 
 agreement. 
 
 (/t) The Deveron, 1 W. Rob. 180. See also The Jane, 
 2 Hagg. 338 ; The Orbona, 1 Spinks, 161 ; The Beaver, 3 
 C. Kob. 292 ; Laurence v. Sideboiham, 6 East, 45 ; The 
 Medora, The Jeanetie, The Arabian, Pritchard's Digest, 835 ; 
 and Arnold on Marine Insurance, 3rd edition, by Mr. David 
 McLachlan, pp. 477, 478, where the law as to the effect of 
 a deviation to succour distress is thus laid down : — " A doubt, 
 dishonourable to the jurisprudence of Christian communities, 
 appears for some time to have prevailed both in this country 
 and in the United States, whether a departure from the direct 
 course of the voyage for the purpose of saving the lives of men 
 threatened with an imminent danger of shipwreck or founder- 
 ing, was or was not a deviation which would discharge the 
 
86 
 
 THE LAW OF SALVAGE. 
 
 Chap. IV. however, the Court has not recognised this doctrine, 
 but has taken into consideration risks of this nature 
 as materially affecting the proportion of salvage to be 
 awarded to the owner. Thus, in the case of The 
 Sir Salph Abercrombie {i), where the owners of an 
 insured vessel claimed an increase of the share of 
 salvage apportioned them, on the grounds, that the 
 insurance had been jeopardised by the deviation of the 
 vessel, that there was a possibility of their becoming 
 liable to the owners of the cargo for the deviation. 
 
 underwriters ; it must now, however, be taken as clear law, 
 both on this and the other side of the Atlantic, that a deviation 
 of this kind, sanctioned alike by the true interests of com- 
 merce and the clearest principles of humanity, can in no 
 instance he held to discharge the underwriters. This liberty, 
 however, has been expressly confined in the United States to 
 those cases only in which the object of the deviation is the 
 preservation of human life, and it has been held not to Ex- 
 tend to the saving of property. I apprehend the law will be 
 found the same in this country." It appears, however, to le 
 doubtful whether the Courts of this country will recognise the 
 distinction pointed out by Mr. McLachlan. In a recent case 
 (The Thetis, L. R. 2 Ad. 365), Sir Robert Phillimore, in 
 referring to the subject, is reported (p. 368) to observe :— "It 
 has been urged upon me that the act of the master in this case 
 could not have been within the scope of his commission, and 
 was not for the benefit of the owners, because a deviation for 
 the purpose of rendering salvage service to property would, 
 upon general principles, avoid a policy of insurance ; but that 
 is ao undecided and very doubtful proposition of English law, 
 and certainly one to which I cannot give my assent. It was 
 at all events pronounced by the Privy Council in 1866 to be 
 an undecided point of law (The True Blue, L. R. 1 P. 0. C. 
 254, 255). I am aware that the American Courts appear to 
 have,made a distinction between a deviation for the purpose of 
 saving life and for that of saving property ; it is perhaps not 
 quite so certain, however, as generally supposed, that such a 
 distinction has been finally established." See, on the same 
 subject, the American cases, The Boston, 1 Sum. 328 ; The 
 Evbank, Ibid. 400 ; The Nathaniel Hooper, 3 Ibid. 535, 578 ; 
 The Blai/reaw, 2 Cranch. 240 ; The Brig Cora, 2 Wash. 80— 
 86; Williams v. A Box of Bullion, 6 American LawEep. 363 
 (i) L. R. 1 P. C. 454. 
 
AMOUNT. 87 
 
 and that the ship was endangered by being left short- Chap, tv 
 handed, in consequence of a portion of her crew 
 having been placed on board the vessel saved — the 
 Court, upon these grounds, increased the sum ap- 
 portioned to the owners from J600 to £2000. Dr. 
 Lushington, ingiving judgment, observing (/) : "We 
 think it is quite right that the claims of the owners 
 should be considered, not only on account of the 
 doubt whether the insurance might not be vitiated, 
 and whether the owners of the ship might not be- 
 come responsible to the owners of the cargo for the 
 acts of their servants in deviating from their course 
 to render the assistance, and weakening the crew, but 
 also for the risk to which their property has been 
 exposed in rendering the service, and which in jus- 
 tice ought to be made good to them " (k). 
 
 The question discussed above will not, of course, 
 arise where, as frequently happens, the policy of 
 assurance contains a clause giving leave to the insured 
 vessel to tow and assist vessels in all situations. 
 
 Where the ship saved is derelict, it has been the Amount 
 uniform course to give more than in ordinary salvage dereUct. 
 cases, but upon the same principle that is applied 
 to other cases, namely, the dangerous condition of 
 the property. Derelict, like other salvage cases, are 
 to be governed by the value, risk of Ufe, damage to 
 the property, skill, labour, and duration of service (?). 
 In TJie True Blue (ot). Dr. Lushington is thus re- 
 ported: "Now, in truth and in fact, when the Court 
 
 (J) P- 461. 
 
 (*) See also The Scindia, h. R. 1 P. C. 241—246 ; and The 
 Aletheia, 13 W. Rep. 279. 
 
 {I) The True Blue, L. E. 1 P. C. 250—256. 
 (m) UH supra. 
 
88 THE LAW OF SALVAGE. 
 
 Chap. IV. comes toconsiderthequestionofderelictornotjit takes 
 into consideration the danger to the property, and it 
 does so when the vessel is not derehct; the property 
 may be in infinite danger though it is not derelict, 
 but the Court always considers that one of the ma- 
 terial ingredients upon which it gives a large salvage 
 is the danger to the property, and the danger may 
 be [we do not say that it is, but the danger m.ay be], 
 and in certain cases of salvage it is as great to the 
 property which is not derelict, as it is in other cases 
 where the property is derelict. Therefore the proper 
 course to pursue in all these cases, is to consider the 
 fact of derelict as being, as it were, an ingredient in 
 the degree of danger in which the property is " (n). 
 
 It was anciently the practice of the Court to 
 award to salvors a moiety of the property found 
 derelict, but for a long time this practice has been 
 departed from, and the amount rests, as in other 
 cases, in the discretion of the Court, and does not 
 necessarily bear any fixed proportion to the property 
 salved, but is regulated upon the principle of giving 
 an adequate reward according to the circumstances 
 of the case (o). The Court has, however, in cases 
 
 (») See also The Sarah Bell, i Notes of Cases, 144; The 
 Florence, 16 Jur. 672—578. 
 
 (oi) " It is a suggestion of common reason, that wliere the pro- 
 perty is very large, a smaller proportion may afford adequate 
 remuneration, and as that is the only true measure of reward, 
 it is absurd to assign fixed proportions, which must operate very 
 differently according to difference of value. . . . The rule of pro- 
 portion, therefore, is a rule which this Court has not recog- 
 nized, and will not adopt on any recommendation. The question 
 will resolve itself into the consideration of circumstances attend- 
 ing the particular case. When the amount of the reward is so 
 fixed it will be seen what is the proportion, and it may be 
 expressed in popular language, but the case must be substan- 
 tially determined on more particular considerations than those 
 
AMOUNT. 89 
 
 of derelict, on many occasions given a proportion of chap. iv. 
 one-half or one-third of the property salved to the 
 salvors (p), and where the property was of small 
 value, and no owner appeared, it has even directed 
 that the whole sum at which it was sold should be 
 divided among them (q). 
 
 There does not appear to be any instance, except 
 in cases of derelict, where the salvors have been 
 decreed a sum exceeding a moiety of the proceeds (r). 
 
 Although salvors are entitled to no specific pro- Proportion 
 
 (, 1 1 / \ 111 11^^ siilvuge to 
 
 portions 01 the property saved (s), and although the property 
 remuneration for the service is not measured by the 
 value of the property, but with reference to all the 
 circumstances of the case, and especially with refer- 
 ence to any risk there may have been to human 
 life (t), the value of the property nevertheless may 
 materially affect the sum to be awarded. 
 
 The Court wiU take into account the fact that the 
 
 of proportion." Per Sir C. Kobinson, T/ie Salacia, 2 Hagg. 
 262. See also The Aquila, 1 C. Rob. 37 ; The Florence, ubi 
 supra; The Effort, S Hagg. 165 ; The Thetis, 2 Knapp. 409 ; 
 The Minerva, 1 Spinks, 271 ; The Magdalen, 5 L. T. N. S. 807 ; 
 The Berlin, 4 Irish Jar. 11 ; The Jane, 5 Irish Jur. 31 ; The 
 Martin Luther, 12 L. T. N. S. 586 ; The Vesta, 2 Hagg. 189 ; 
 The Oscar, Ibid. 260. 
 
 (p) The Cargo ex Venus, L. R. 1 Ad. 50, 51 ; The Esperance, 
 1 Dods. 46 ; The Norma, Lush. 124 ; The Blendenhall, 
 1 Dods. 414^423 ; The Frances Mary, 2 Hagg. 89 ; The 
 Reliance, Ibid. 90, n. ; The Elliotta, 2 Dods. 75 ; The Atlas. 
 Lush. 518-530; The Ewell Grove, 3 Hagg. 209—221; The 
 Sansome, 3 Irish Jur. 58 ; The Jubilee, 3 Hagg. 43, n. ; The 
 Jonge Bastiaan, 5 C. Rob. 322 ; The Portuna, 4 C. Rob. 193 ; 
 The Mary Anne (Irish), 11 L. T. N. S. 85. 
 
 {q\ The Castletown, 5 Irish Jur. 379. See The Rutland, 
 3 Ibid. 283 ; The William Hamilton, 3 Hagg. 168, n. 
 
 (r) The Inca, Swa. 370. 
 
 (a) The Thetis, 3 Hagg. 14 ; The Salacia, 2 Hagg. 262. 
 
 (t) The Jamn Dixon, 2 L. T. N. S. 696 ; The Thomas 
 Fielden, 32 L. J. Ad. 61. 
 
00 
 
 THE LAW OF SALVAGE. 
 
 How value 
 ascertained, 
 
 Chap. IV. owners are benefited in proportion to the value of 
 the property, and when it is large, ^;he remuneration 
 is relatively great, not only in consequence of its 
 being less felt by the owners, but because on many 
 occasions, where the property is small, salvors perform 
 great services without adequate remuneration (u). 
 
 In ascertaining the value of the ship and cargo, 
 the general rule is that the valuation shall be taken 
 at the port into which the ship is carried. Where, 
 however, salvage services were rendered to a vessel 
 bound for London, and she was carried into Lisbon, 
 and her cargo, which was unsaleable there, was sub- 
 sequently transhipped and sent to London, it was 
 held that the proper method of arriving at the value 
 of the cargo at Lisbon, would be by putting it at a 
 per centage less than the proceeds of its sale in 
 London, and deducting the freight and charges for 
 the voyage from Lisbon to London, but allowing a 
 pro rata freight as far as London {x). 
 Value, when The value of the property is also to be taken at 
 
 to be taken. . i i 
 
 the time when the vessel was first brought into safety, 
 and not at any subsequent period ; and where a vessel 
 and cargo, although worth more than £1,000 when 
 first carried into port, in consequence of mismanage- 
 ment realised barely more than half that sum, the 
 salvors were held to be entitled, in a question as to 
 jurisdiction, to take the larger sum as the value (y). 
 
 (it) The Earl of Eylinton, Swa. 7 ; The Swell Grove, 3 
 Hagg. 209 ; The Raihes, 1 Hasg. 246 ; The Hector, 3 Hagg. 
 90 ; The Syrian, 14 L. T. N. S. 833. 
 
 {x) The George Dean, Swa. 290. See also The Norma, 
 lush. 124 ; The Progress, Edwards, 210 ; Tlie Cargo ex Loo- 
 dianah, 2 Prit. Ad. Dig. 736. 
 
 (y) The Stella, L. R. 1 Ad. 340. 
 
AMOUNT. 91 
 
 la estimating the salvage upon freight, where the chap. iv. 
 services of the salvors terminate before the comple- salvage on 
 tion of the voyage, the Court wUl treat the freight {Se^e"'* 
 as divisible, and as though a pro rata freight vrere '"''*^ *""'' 
 payable at the intermediate port. This question vras 
 discussed in the case of The Norma (z), where a 
 vessel bound from Honduras to London was towed 
 into Bermuda by salvors, and there the Court allowed 
 salvage upon one half of the total gross freight. In 
 the course of his judgment in that case, Dr. Lushing- 
 ton made these observations: "The gross freight 
 received was £2210; the Bermuda expenses, includ- 
 ing detention and other charges, amounted to £1822. 
 Upon this state of facts the salvors contend that they 
 are entitled to salvage upon the whole £2210. The 
 owners say that the freight must be taken at Ber- 
 muda, where none was payable, or that if that posi- 
 tion is not to prevail, and the salvors must be allowed 
 salvage on part freight, no such part exists, for the 
 whole freight has been swallowed up by the expenses 
 of earning it. , . . Now it is certainly quite 
 true that at Bermuda, as between the owner of the 
 ship and the shipper of the goods, no freight was 
 earned. But I do not think that this is at all con- 
 elusive against the salvors. It is quite necessary, as 
 the Queen's Advocate has observed, in order to hold 
 persons to their engagements, to require, where a 
 contract is entire in its nature, entire performance as 
 a condition precedent to any right of payment; the 
 contract of freight is emphatically a contract of this 
 kind, and freight, therefore, is not properly earned 
 (except under circumstances implying a new contract), 
 
 (z) Lush. 124. 
 
92 THE LAW OF SALVAGE. 
 
 Chap. IV. Until the cargo is sold at the port of destination. 
 But in salvage we have to decide on purely equitable 
 principles, and the question is not so much what 
 freight was earned at Bermuda, but what services in 
 respect of the contract for freight the salvors had 
 then rendered. Judging by this test, the salvors 
 are entitled to salvage upon a considerable part of 
 the total freight, for it is clear that a large portion 
 of the voyage had been performed before the salvage 
 services, and that the entire benefit of so much was 
 preserved to the shipowners by the salvors, not indeed 
 absolutely, for expenses had to be incurred, and the 
 perils of the voyage from Bermuda home had yet to 
 be undergone, but preserved from immediate and 
 total loss. I do not think it necessary to enter into 
 a detailed calculation upon this question of the value 
 of the salvors' services to freight — how far the Ber- 
 muda expenses are to be taken into account, what 
 items are proper items of deduction, and so on. 
 My judgment , must, after all, be a rusticum ju- 
 dicium. It is enough to say that the services of 
 the salvors in respect of freight were considerable. 
 I shall reckon the value of the freight saved at 
 £1000." 
 
 Expenses to In ascertaining the net value of the property, all 
 
 bsdeduoted. , ° , , , „ . 
 
 necessary sale expenses, and the usual allowances m 
 respect of cargo and freight, and, as a general rule, 
 expenses by which all parties interested in the cargo 
 are benefited, are to be deducted from the gross 
 value {a). On the other hand, a bottomry bond exe- 
 cuted, necessaries supplied, or wages due before the 
 
 (a) The Peace, Swa. 115; The Belt, 7 Notes of Cases, 
 Siipp. 13 ; The Paul, h. R. 1 Ad. 67 ; TJie Samuel, 15 Jur. 407. 
 
AMOUNT. 93 
 
 salvage was rendered (I), money paid on account of chap. iv. 
 freight (c), or for primage or insurance, or for the 
 expenses of prosecuting persons who had forcibly dis- 
 possessed the salvors (d), will not he proper deduc- 
 tions. 
 
 Where, however, a bottomry bond was given, and 
 wages were earned subsequently to the salvage, they 
 were both held to be proper deductions from the 
 value of the property as against the salvors (e). 
 
 ^^'henever anv salvage question arises, the Re- Vahiatton 
 
 /. T 1 /I 1 ^1 • ,. . by Receiver 
 
 ceiver of Wreck for the district may, upon application of Wiect. 
 from either of the parties, appoint a valuer to value 
 the property in respect of which the salvage claim is 
 made, and when the valuation has been returned to 
 him, he is to give a copy of it to both parties, and a 
 copy of the valuation, purporting to be signed by the 
 valuer, and to be attested by the Receiver, is to be 
 received as evidence in any subsequent proceed- 
 ing (/)• 
 
 If the vessel and cargo be arrested, the salvors are Appmse- 
 
 entitled to have their value ascertained by appraise- 
 ment of the Marshal of the Court of Admiralty before 
 the property leaves the custody of the Court (9). If, 
 however, the appraisement does not show a greater 
 value than that stated by the owners, the Court will 
 
 (5) TIte Hebe, 7 Notes of Cases, Supp. i — iii. ; The Sahina, 
 7 Jur. 182. 
 
 (c) The Fleece, 3 W. Rob. 278—282 ; The Charlotte Wylie, 
 5 Notes of Cases, 4 ; The Westminster, I W. Rob. 229—233 ; 
 The Nm-ma, 1 Lush. 124 ; The Fusilier, lU L. T. N. S. 699 ; 
 The Peace, Swa. 115. 
 
 (rf) The Fleece, uhi supra, p. 281. 
 
 (c) The Selina, 2 Notes of Cases, 1 8. 
 
 (/) 25&26 Vict. c. 63, s. 50. 
 
 (g) Coote's Admiralty Practice, p. 49 ; Tlie Charlotte Wylie, 
 v.bi sapra ; and see also Ad. Bules, 50. 
 
94 THE LAW OF SALVAGE. 
 
 Chap, IV, direct the costs to be borne by the salvors {7i) ; and 
 it will only allovp the salvors the costs of the appraise- 
 ment when the value stated by the owners is wholly 
 below the real value ; and will not regard the fact 
 that the appraisement exceeds the value stated by 
 the owners by a few pounds (i). 
 
 Appraise- Where the Marshal has once made his appraise- 
 ment final. , 
 
 ment, the Court will not afterwards disturb it, 
 
 and has refused to do so where the cargo, appraised 
 
 at £1900, realised on being sold only £1295, out of 
 
 which £272 was to be deducted for expenses (Jc). 
 
 Appraise- In an Admiralty suit in the County Court, the 
 
 ment in -r» . , t • p • i ii 
 
 Covmty Kegistrar may, upon the apphcation oi either attorney, 
 and before or after judgment, order any property 
 under arrest to be appraised (Z). 
 
 Agreement as to amount. 
 Agi-eement It is perfectly competent for salvors, instead of 
 
 to render , . , n i ' • i i 
 
 caivage ser- leavmg the amount ot their remuneration to be de- 
 flxed sum. termined by the Court, to agree with the master of 
 the vessel in distress to render the required assist- 
 ance for a specified sum; and in such a case they 
 will be bound by their contract, and can claim no 
 
 Ih) The Persian, 1 Notes of Cases, 304. See The Mary and 
 Jane, h. E. 2 Ad. 345 ; The Sapid, 18 W. B. 150. 
 
 (i) The Commodore, 1 Spiuks, 175, u. See The Hope, 14 
 W. R. 467, where in salvage proceediogs before the Commis- 
 sioners of the Cinque Ports, the owners represented the value 
 of the cargo saved to be 20002., and the salvors tacitly assented. 
 On subsequently discovering that the cargo had been declared 
 at the Custom House to be of the value of 8900Z. the Court, 
 on the motion of the salvors, who were appealing, directed 
 the defendants to prove the value of the vessel, as also the 
 quality, quantity, description, and value of the cargo. 
 
 (i) Tlie Caryo ex Venus, L. R. 1 Ad. 50. See also The 
 E. M. Mills, 3 L, T. N. S. 513. 
 
 (I) County Court Rules, No. 64. 
 
AMOUNT. 9.") 
 
 more than the stipulated amount {m). To render cbap. iv. 
 such an agreement binding, however, it is necessary 
 that it should be clear and explicit in its terms («). 
 It need not necessarily be in writing (o), but whilst 
 a viva voce agreement if sufficiently proved is bind- 
 ing, the Court will be unwilhng to act upon it unless 
 it consist of more than loose conversations (p), and 
 depend upon something more than the recollection 
 of what occurred in the course of such conversa- 
 tion (2). 
 
 The agreement must also state the sum agreed to Value ot 
 be paid(r); in fixing the sum, however, the salvors not affect 
 are entitled to look only at the extent of danger to '«'^'^™™ • 
 which the property is exposed, the degree of labour 
 they will have to undergo, the length of time they 
 may be occupied, and the risk to which they may be 
 exposed ; they have no right to speculate as to 
 the value of the cargo, and even if it be falsely re- . 
 presented by the master as being of much less value 
 than it actually is, the agreement will nevertheless 
 be upheld («). 
 
 With regard to the condition of the vessel, how- But no con- 
 
 (m) The Ti-ue Blue, 2 W. Eob. 176. Dr. Lushington : " I 
 eutertaiii no doubt whatever that an agreement of this descrip- 
 tion can be legally made between a master of a vessel in distress 
 and persons affording a salvage assistance, provided there be a 
 clear understanding of the nature of the agreement, that it is 
 made with fairness and impartiality to all concerned, and that 
 the parties to it are competent to form a judgment as to the 
 obligations to which they are binding them.selves. " 
 
 (») The Graces, 2 W. Eob. 294 ; The William Lushington, 
 7 Notes of Cases, 361. 
 
 (o) The Firefli/, Swa. 240. 
 
 (p) The Salacia, 2 Hagg. 262—265. 
 
 (}) The Jane Anderson, 3 Irish Jur. 293 ; The Briton, 5 
 Ibid. ]7'l. 
 
 (r) The William Lushingto7i, 7 Notes of Cases, 361. 
 
 (») The Henry, 15 Jur. 183, 184. 
 
96 
 
 THE LAW OF SALVAGE. 
 
 Chap. IV. ever, although the master hefore entering into the 
 
 ceaiment of agreement is not obliged to point out every, circum- 
 
 ship allow- stance that has occurred during the voyage (f), there 
 
 should be no concealment, as the suppression of any 
 
 facts which might affect the service, and therefore 
 
 have operated upon the agreement at first, may 
 
 vitiate it (u). 
 
 Agreement The master of the vessel in distress is authorized 
 
 is binding i • i i 
 
 on parties to to bind the owner by a salvage agreement (a:), unless 
 indeed the owner be at hand at the time, and give 
 him no authority (y). If, however, the agreement 
 be tainted with fraud, the Court will refuse to re- 
 cognise it as against the owner, and has, in more 
 than one instance, set such an agreement aside. In 
 The Generous (z), where the owner of the vessel in 
 distress appealed from a decision of the justices, the 
 Court there disregarded an agreement which the 
 master had entered into under circumstances which 
 were fraught with suspicion, the master himself de- 
 posing that the salvors had promised him £10 to 
 sign the agreement. In The Crus V. (as), the master 
 of a Portuguese vessel which had gone on shore at 
 Dungeness, not being able to speak Knglish, accepted 
 the services of the district agent of the Portuguese 
 
 (<) The Jonge Andries, Swa. 226, 227. 
 
 («) The Kingalock, 1 Spink s, 263—265; The Br don, 5 Irish 
 Jur. 170 ; The Canova, L. R. 1 Ad. 56. Di-. LushingtoD ; "If, 
 tbough unintentionally, there was a concealment of a fact so 
 material that it ought to invalidate the agreement, I should not 
 enforce it." 
 
 (x) The Africa, 1 Spinks, 299 ; The Arthur, 6 L. T. N. S. 556. 
 
 (y) The Elise, Swa. 436. In this case Dr. Lushingtou doubted 
 whether, under such circumstances, the master had authority 
 to compromise a salvage claim. 
 
 (2) 2 L. a. Ad. 57. 
 
 (a) Lush. 583. 
 
AMOUNT. 97 
 
 Vice Consul, who entered into an agreement for the chap. v. 
 assistance of a steam-tug for £600, on the condition 
 that £50 should be returned, £40 of which was re- 
 tained by the agents, £10 going to the master of 
 the tug. Upon a suit being instituted for salvage, 
 the Court set aside the agreement as corrupt, and 
 pronounced for the owner's tender of £250, with 
 costs {b). 
 
 The Court will also refuse to recognise an agree- Excessive 
 ment where the master improperly or recklessly 
 contracts to pay the salvors an exorbitant demand. 
 In TTie Theodore (e), the salvors induced the master 
 of a vessel which had parted from her first anphor 
 and was driving with another anchor down, but was 
 otherwise iu no danger, to enter into an agreement 
 to pay them £200 for bringing the vessel into port, 
 which they did after a service of about four hours; 
 the Court held the sum to be an exorbitant one, 
 and pronoimced against the agreement, and for the 
 sufficiency of a tender of £50 by the owners. 
 
 The Court of Admiralty will also refuse its sane- Agreemont 
 
 _ , " , „ , .... to aalve ship 
 
 tion to agreements lor the salvage or the ship irre- alone Toid. 
 spective of the cargo on board; and upon such an 
 agreement being proved, it will refuse to pronounce 
 any salvage whatever to be due (d). 
 
 If, on the other hand, the agreement should be Agreement 
 unjust or inequitable towards the salvors, the Court w"rds sal- 
 will refuse to recognise it (e). And where the owners ™'^^' 
 
 (6) See The Repulse, 2 W. Rob. 396 ; and the American oases, 
 ffousmaii T. Schooner North Carolina, 15 Peters, 40 ; and The 
 Ship James, Marvin, ,2ii2. 
 
 (c) Swa. 351. 
 
 (d) The Westminster, 1 W. Eob. 229, 235. 
 
 (e) The Phantom, L. R. 1 Ad. 58. Dr. Lusliington, p. 61 : 
 "However much it has been agreed upon by both parties, the 
 Court is in the habit of overruling such an agreement, if it is 
 
 H 
 
98 
 
 THE LAW OF SALVAGE. 
 
 Where all 
 the salvors 
 not parties 
 to agree- 
 ment. 
 
 of a vessel to which valuable services had been ren- 
 dered whilst she was in a position of considerable 
 danger' alleged that the salvors had agreed to do the 
 work for 8s. 6d., the Court, regarding this amount 
 as futile, gave the salvors ^10 and costs (_/). 
 
 Although the master of the salving vessel has 
 authority to bind his owner by a salvage agree- 
 ment (y), yet as far as the other salvors are concerned, 
 • the agreement only binds such of them as are parties 
 to it. Thus, where an agreement was made by the 
 master of a salving vessel with the owner of the 
 vessel salved as to the quantum of salvage to be 
 paid, it was held to be binding upon the master and 
 his employers, but not upon the crew, it having been 
 made without their sanction or concurrence (A) ; and, 
 on the same principle, an agreement with part of 
 the crew of a salving ship has been held to be not 
 binding upon the others not concurring in it(j). 
 And where an understanding was come to between 
 the owners of a vessel salved and the owner of a 
 cutter engaged by them to render the service, and 
 
 nnjust and inequitable." See also The William and John, 9 
 Jurist, N. S. 284. And see The Kingaloch, 1 Spinks, 263-265. 
 Dr.Lushington : " It is not necessary in order to vitiate an agree- 
 ment that there should be moral fraud ; it is not necessary, in 
 order to make it not binding, that one of the parties should keep 
 back any fact or circumstance of importance ; if there should be 
 misapprehension, accidentally or by carelessness, we all know 
 that there may be, uhat in the eye of the law is termed, equit- 
 able fraud." 
 
 (/) The Phantom, uU supra. See The True Blue, 2 W. 
 Rob. 176; The Enchantress, 30 L. ,T. Ad. 15; The British 
 Umpire, 6 Jurist, 608 ; The Pirify, Swa. 240; The Helen and 
 George, Ibid. 368; The Sesultatet, 17 Jurist, 353. 
 
 (g) The Africa, 1 Spinks, 299-300. 
 
 (A) Tfie Britain, 1 W. Rob. 40. See The Sarah Jane, 2 W. 
 Rob. 110. 
 
 (t) The Sansome, 3 Irish Jur. 2.58 ; Tlte Charlotte, 3 W. Rob. 
 68-74. 
 
AMOUNT. 99 
 
 BO specified sum was named in it, it was held not chap. iv. 
 to bar the proceedings of the master and crew of the 
 cutter, who acted under the personal direction of the 
 owner of the cutter, but were not parties to or cog- 
 nisant of the understanding (k). 
 
 If a salvage agreement be proved, the Court will That tiie 
 
 , . . . . bargain is a 
 
 uphold it, rmless it be clearly inequitable ; and it is hard one 
 
 . does not 
 
 no answer to the agreement to say, that the bargam affect aj^Tee- 
 is a hard one upon the salvors (Z) ; or that greater 
 difficulties than were anticipated, in consequents of 
 the change of weather, attended its performance (ot); 
 or that the weather became tempestuous ; or the 
 vessel was longer in arriving in port than might 
 have reasonably been expected {n). Nor, on the other 
 hand, cau the owner of the vessel receiving assist- 
 ance refuse to pay the amount stipulated for, on the 
 ground that the salvage services were attended with 
 less difficulty than had been anticipated, unless 
 indeed the sum happen to be so grossly exorbitant 
 as to amount to evidence of bad faith or fraud, 
 which of themselves would induce the Court to set 
 aside the agreement (o). 
 
 (ifc) The William LusJiington, 7 Notes of Cases, 361, See 
 also, TJie Mise, Swa. 43fi. 
 
 {I) The Firefly, Swa. 240. See also The Helen and George, 
 Ibid. 368. 
 
 (m) The True Blue, 1 W. Bob. 176-180. 
 
 (») Ibid. Dr. Lnshington ; "It is the very nature of an 
 agreement of this kind to fix a stated sum as a compensation 
 for a stated service, and the parties who enter into the engage- 
 ment take the risk of any change of circumstances which may 
 affect the service." ?ez zh,a The Jonge Andnes, Swa. 226. The 
 Cato, 35 L. J. N. S. Ad. 116 ; The Arthur, 6 L. T. N. S. 556 ; 
 The Nuova Loamese, 17 Jur. 263 ; The Resultatet, Ibid. 353. 
 
 (o) The Helen and George, Swa. 368. Dr. Lushington : " The 
 owner may contend that, under the circumstances, the sum of 
 money was grossly exorbitant, and, a fortiori, if he can show 
 
 H 2: 
 
100 
 
 THE LAW OF SALVAGE. 
 
 Chap. IV. 
 
 Onus of 
 proof of 
 agreement. 
 
 Abandon- 
 ment and 
 paneellation 
 
 Agreement 
 with ship- 
 owner only. 
 
 Faymejlt 
 into Court. 
 
 The burthen of proof of the agreement is on the 
 party setting it up; but when once it is proved 
 the onus is shifted upon those who dispute its 
 validity {p). 
 
 If a salvage agreement has been cancelled by the 
 mutual consent of the parties, or abandoned by the 
 party setting it up, or if it be so founded in fraud 
 or misrepresentation that the Court would hold it 
 to be void, it will afford no answer on the part of 
 owners to a suit for salvage, or on the part of salvors 
 to a defence of tender (q). The party alleging the 
 cancellation of the agreement is bound to prove the 
 fact by a clear preponderance of testimony (r). 
 
 Where the salvors make separate claims against 
 the ship and cargo, an agreement out of Court 
 between them and the owners of the ship fixing the 
 amount of remuneration is not conclusive on the 
 Court in awarding the amount due from the owners 
 of the cargo (s). 
 
 Where the owners of the vessel salved set up an 
 agreement in bar of a salvage claim, they must pay 
 into Court the sum stipulated for in the agree- 
 ment (t). 
 
 that the agreement was obtained by fraud or compulsion, no 
 Court would hold it to be binding. " 
 
 (p) The Helen and George, Swa. 368-370; The RemUatet, 
 17 Jur. 353 ; The Nuom Loamese, Ibid. 263; The Arthur, 6 
 L. T. N. S. 656; The Theodore, Swa. 361 ; The Graces, 2 W. 
 Bob. 294. 
 
 (g) The Samuel, 16 Jur. 407 ; The Africa, 1 Spinks, 299. 
 
 (r) The Repulse, 2 W. Rob, 396-397 ; The Betsy, Ibid. 167- 
 172 ; The Samuel, 16 Jur. 407 ; The Africa, 1 Spinks, 299 ; 
 Tlue Cms V, 1 Lush. 583 ; The Theodore, Swa. 351. See 
 also the following American cases on salvage agreements, The 
 Mmxtlmis, 1 Sumn. 207; The A. D. Patchin, 1 Blatoh. 414. 
 Bearsev. Three himdred amd forty pigs of Copper, 1 Story, 314. 
 
 (s) The Emma, 8 Jurist, 651. 
 
 (S) The Catherine, 6 Notes of Cases, Supp. xUii.-lii. 
 
101 
 
 CHAPTER V. • 
 
 APPORTIONMENT OF SALVAGE. 
 
 With respect to the apportionment of salvage, chap. v. 
 the Merchant Shipping Act of 1854 provides that 3 Keceiver 
 where the aggregate amount of salvage payable in °* w^eck. 
 respect of salvage services rendered in the United 
 Kingdom has been finally ascertained, either by 
 agreement or award of the justices, but a dispute 
 arises as to the apportionment of it among the 
 claimants, then, if the amount does not exceed .£200, 
 the party liable to pay may apply to the Receiver of 
 Wreck of the district for hberty to pay the amount 
 to him, and that the Receiver's certificate shall be a 
 full discharge and indemnity to the person paying; 
 and the Receiver is then to proceed to distribute the 
 same among the several persons entitled thereto, 
 upon such evidence and in such shares and propor- 
 tions as he thinks fit, with power to retain any 
 moneys that may appear to him to be payable to 
 any absent parties; but any distribution made in 
 pursuance of this provision is to be final and con- 
 clusive against the rights of all persons claiming to 
 be entitled to any portion of the moneys so dis- 
 tributed (a). 
 
 (a) 17 & 18 Vict. c. lOd, 33. 466, 467. 
 
102 
 
 THE LAW OF SALVAGE. 
 
 Chap, V 
 
 Apportion- 
 ment by 
 Court hav- 
 ing Admi- 
 ralty juri8- 
 diction. 
 
 By a subsequent section it is provided that "when- 
 ever the aggregate amount of salvage payable in 
 respect of salvage services rendered in the United 
 Kingdom has been finally ascertained and exceeds 
 £200; and whenever the aggregate amount of sal- 
 vage payable in respect of salvage services rendered 
 elsewhere has' been finally ascertained, whatever such 
 amount may be; then, if any delay or dispute arises 
 as to the apportionment thereof, any Court having 
 A diriralty jurisdiction may cause the same to be ap- 
 portioned 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 
 such apportionment into effect, and may compel any 
 person in whose hands or under whose control such 
 amount may be to distribute the same, or to bring 
 the same into Court, to be there dealt vrith as the 
 Court may direct, and may, for the purposes afore- 
 said, issue such monitions or other processes as it 
 thinks fit" (6). 
 
 (6) 17 & 18 Vict. c. 104, s. 498. See also The Enchantress, 
 Liish. 93, where Dr. Lushington, after qaoting the above sec- 
 tion, observes : "I conceive a duty is hereby imposed on me to 
 decree upon application made, what in my judgment is an equit- 
 able apportionment of salvage, unless I am barred by one of 
 two circumstances, either an equitable agreement between the 
 parties, or an equitable tender." 
 
 By the bill now before Parliament for the amendment of the 
 Merchant Shipping Acta, it is proposed, in lieu of the provisions 
 above set out, to enact, that in cases where the Eeceiver of 
 Wreck adjudicates upon a salvage claim, he is to apportion it ; 
 and in other cases the apportionment is to be made by the Court 
 which decrees the salvage remuneration. Where the amount of 
 salvage is ascertained by admission or agreement, but a dispute 
 arises as to its distribution, then, when the sum is under £30, 
 the apportionment is to be decreed by the Receiver of Wreck, 
 and in cases above £30, by a Court having Admiralty juris- 
 diction. 
 
APPORTIONMENT. 103 
 
 In those sections of tlie Merchant Shipping chap, y. 
 Amendment Act, 1862, which empower the justices 
 to entertain claims in respect of salvage services 
 rendered outside the limits of the United Kingdom, 
 and enlarge their jurisdiction to cases where the 
 value of the property saved does not exceed £1000, 
 there is no provision which in terms gives a similar 
 extension to the powers of apportionment conferred 
 upon the Receiver of Wreck, and it would seem that 
 his authority is not co-extensive with that of the 
 justices, hut is confined within the limits set out in 
 the Act of 1854. With respect to the jurisdiction 
 of the County Court over such claims, however, it 
 will be observed that the words of the 498th section 
 are very large, and embrace " any Court having 
 Admiralty jurisdiction." 
 
 The application for apportionment of salvage Delay. 
 should be made while the circumstances are fresh in 
 the mind of the Court. A person dissatisfied with 
 the tender of apportionment may, however, seek the 
 assistance of the Court within a reasonable time after 
 the salvage has been decreed; and when the appli- 
 cant is in a humble class of life, the question of time 
 is one that the Court will be indisposed to have 
 pressed against him (c). Indeed it is the right of a 
 salvor to have the salvage apportioned by the Court, 
 unless he is shut out by an equitable agreement be- 
 tween the parties, or an equitable tender {d). 
 
 No action lies at common law for apportionment No action at 
 of salvage ; and where salvage had been paid to the portion of 
 master of a vessel that had rendered salvage services, 
 
 (c) The Spirit of the Age, Swa. 286, 287. 
 {d) The Enchantress, 1 LuBh. 93. 
 
104 
 
 THE LAW OF SALVAGE. 
 
 Chap. V, and one of the seamen sued the master in a Court of 
 Common Law for his proportion as money received 
 to his use, it was held that the action was not main- 
 tainable (e). 
 
 Proportions Awarded. 
 
 The apportionment of the salvage rests entirely in 
 the discretioa of the Court, and no precise rule can 
 be laid down as to the proportions which the Court will 
 allot. Where the salvors are landsmen belonging to the 
 same class of life, and incur the same amount of risk 
 and labour, the salvage is generally apportioned equally 
 between them (_/") ; and in ordinary cases, seamen 
 and apprentices composing the crew of the salving 
 vessel participate in proportion to their wages ( g). 
 
 If, however, any of the salvors, whether landsmen 
 or seamen, have incurred greater risk or rendered 
 greater services than the others, a larger share will 
 be given. In the Saint Nicholas (Ji), where a vessel 
 in distress was taken in tow, a boat's crew from the 
 salving vessel having at great peril been sent on 
 
 Larger pro- 
 portion tu 
 those incui ■ 
 ring extra 
 rislc. 
 
 ■(e) AlhiMsonr. Woodkall, 1 H. & C. 170. 
 
 (/) Art. 97, Board of Trade Instructions, 1865. 
 
 (jr) The Pride of Camada. Br. & Lush. 1!08. See also The 
 Louisa, 2 W. Kob. 22; The Martha, 3 Hapg. 434 ; The Albion, 
 Ibid. 254 ; The Earl Grey, Ibid. 363 ; The Columbia, Ibid. 128 ; 
 The Hope, Ibid. 423 ; The Jane, 5 Irish Jur. 31. See also The 
 Cai'oUne, 7 Jur. 660, where a boy was held entitled to share 
 equally with the seamen in the salvage awarded, the Court pre- 
 suming (his age not being stated) that he performed the same 
 amount of duty as another seaman ; and The George Bean, 
 Swa. 290, where salvage being apportioned according to the 
 wages of the crew, the Court directed the wages of the appren- 
 tices to be taken at two-thirds of those of able seamen. See 
 also The Two Friends, 2 W. Rob. 349 ; The Columbine, Ibid 
 186. 
 
 (A) Lush. 29. See also The Sir Ralph Abera'ombie, L. B. 1 
 P. C.-454 ; The Nicolina, 2 W. Kob. 175. 
 
APPORTIONMENT. 105 
 
 board, the men forming the crew were awarded chap. v. 
 double shares. In The Golendrina (i), where the 
 mate of the salving vessel was put on board the 
 vessel in distress, and, after great difficulty, brought 
 her into port, he was awarded £300 out of salvage 
 amounting to £1800, of which £1000 was paid to 
 her owners, £200 to the captain, and £300 to be dis- 
 tributed among the crew, according to their ratings. 
 
 The master of the salving ship, upon whom Master's 
 rests the whole responsibility of employing the p™^'"' *™' 
 ship in the service, generally receives a larger pro- 
 portion of the salvage than any of the crew (k). 
 There being as to this also no iixed rule, reference 
 to the scale of distribution in some of the more 
 modern cases in which a large proportion has been 
 awarded to the master may be found useful In 
 The Martin Luther [I), out of a total salvage of 
 £1500, of which £600 was awarded to the owners, 
 the master was decreed £400, the remaining £500 
 to be divided among the crew. In The Himalaya (m), 
 the proportions of £2000 awarded were £1000 to 
 the owners, £500 to the master, and £500 to the 
 
 (i) L. E. 1 Ad. 334. See also The Endeavour, Colby v. 
 Watson, 6 Notes of Cases, 66. See also the following American 
 cases, where the practice of allowing a larger proportion for 
 extra risk and exertions has been followed. The Henry Ewbank, 
 1 Snmner,* 400 ; The La Belle Oriole, 1 Peters, 31 ; and The 
 Cato, Ibid. 48. 
 
 (k) The Martin Luther, Swa. 287. See also The Enchantress, 
 Lush. 93 ; The Earl Grey, 3 Hagg. 363. 
 
 (I) Ubi supra. 
 
 (m) Swa. 515. See also The Howard, 3 Hagg. 256, u., 
 where a similar distribution was made. 
 
 * Where the mate who commanded the actual salvors was 
 awarded two-eighths. 
 
106 
 
 THE LAW OF SALVAGE. 
 
 Chap. V. crew. In The True Blue (n), out of a total salvage 
 of £1500, £1000 of wHch was given to the owners 
 of the salving vessel, the salvage having been in 
 reality chiefly performed by her, £200 was given 
 to the master, and £300 among the crew. In The 
 Bagasthan (o), of £500 awarded, one half was given 
 to the master and sole owner, and the other half to 
 the crew. In The Paris (p), £800 was divided, 
 £200 to the owner, £120 to the master, and the 
 rest among the crew. 
 
 Upon the same principle, where a pilot, assisted 
 by boatmen, rendered salvage services to a ship in 
 distress, the Court awarded him twice as much as 
 each of the boatmen received {q). The mate, also, 
 has been frequently awarded a large proportion 
 where his duties have been rendered more onerous 
 in consequence of the salvage service (r) ; and where 
 he chiefly contributes to the success of the service, 
 the share allotted to him may be as large or even 
 larger than that of the master (s) . 
 Apportion- In the American Courts, the general rule as to the 
 tweenmas- distribution of salvage is stated to be that under 
 
 Mate's pro 
 portion. 
 
 (n) L. U. 1 P. C. 250. 
 
 (o) Swa. 171. 
 
 ip) 1 Spints, 289. See also T!ie A Ibim, 3 Hagg. 254 ; and 
 The Defiance, Ibid. 256, n., where out of £1000 awarded, the 
 owners having got £350, the master was allotted £230, the 
 mate £120, and the rest among the crew. 
 
 (g) The Nicholaas Witzen, 3 Hagg. 369. 
 
 (y) The Sir Ralph Abenrombie, h. R. 1 P. 0. 454-462; 
 The Albion, ubi supra; The Caroline, 2 W. Rob. 124. 
 
 (s) The Nicolina, 2 W. Bob. 175; The Golendrina, L. R. 1 
 Ad. 334. See also, for examples of apportionment between sal- 
 vors, The Pride of Canada, B. & L. 208 ; The S. Nicholas, 
 Lnsh. 29; The Tees, Ibid. 505; The Perla, Swa. 230; The 
 Spirit of the Age, Ibid. 286 ; The Himalaya, Ibid. 515 ; The 
 Bntaim, 1 W. Hob. 45. 
 
APPORTIONMENT. 107 
 
 ordinary circumstances the master gets about double Chap. v. 
 the share of the mate, and the mate double the tor and 
 share of an ordinary seaman (t) . These proportions Amaica*" 
 vary, however, according to the circumstances of the °°"'''^- 
 case (u). 
 
 It vfiil be seen in another chapter that the com- Diminution 
 pensation claimed for a salvage service may be di- through 
 minished or entirely forfeited by the misconduct of 
 the salvors; and there seems to be no reason why 
 the same rule should not apply to the case of an 
 individual salvor who has been guilty of any act call- 
 ing for such a punishment. This course has been 
 followed in the American Courts in two cases. In 
 The Waterloo (x) the Court, considering that the 
 master of the salving vessel had selfishly overlooked 
 the true interests of his owners, had unjustifiably 
 engaged in the salvage enterprise, and put his vessel 
 and cargo to an excessive and improvident risk, re- 
 duced his share to that of a common seaman; and 
 in The Blaireau {y) the share of the master was held 
 to be entirely forfeited on the ground of embezzle- 
 ment, and the share of the mate reduced to that of 
 a common seaman. 
 
 General misconduct will not, however, affect the 
 right of a seaman to his proportion of salvage. The 
 misconduct charged against him must have been in 
 connection with the salvage service itself (z) . 
 
 (I) 1 CoDkling's Ad. Prao. 366 ; Marvin, 248 , The Henry 
 Ewbank, 1 Samn. 400 ; The La Belle Creole, 1 Peters, 31 ; 
 The Cato, Ibid. 48. 
 
 (u) The Blaireau, 2 Cranch, 240 ; The Cora, 2 Wash. 80 : 
 The Nathaniel Hooper, 3 Sumn. 641, 577. 
 
 (x) 1 Blatch. & How, 114. 
 
 ly) 2 Cranch, 240. 
 
 (z) The Centwrion, Ware, 490. See also Blahe v. Patten, 3 
 
108 THE LAW OF SALVAGE. 
 
 Chap. V. If the crew of another vessel be on board the 
 
 the salvage. 
 
 Passengers salving vessel as passengers at the time of the sal- 
 saWn^ves- '''^o^ ^^^ assist in the service, they vcill be entitled 
 ■'''• to be remunerated; and although, in one instance, 
 
 the Court allotted to passenger seamen a much 
 smaller sum than it did to the regular crevr of the 
 salving vessel {a), in a more recent case it directed 
 that four foreign seamen and their captain who vrere 
 on board the salving vessel as passengers, and assisted 
 in the salvage, should share equally with the able- 
 bodied seamen, their captain receiving a double 
 share (S). 
 Part of crew The Court of Admiralty has, from time imme- 
 
 not actually ^ •' ^ 
 
 morial, held all the persons comprising the crew of 
 the salving vessel, if ready and willing to join in 
 the enterprise, entitled to share in the salvage 
 awarded, even although a part of the crew only was 
 engaged in the service. In the distribution of the 
 amount, however, it has repeatedly made a distinc- 
 tion in favour of those who have actually incurred 
 the difficulty and peril of the enterprise (c). And 
 if part of the crew of a vessel be placed on board a 
 
 Shep. 173. When in an action for a share of salvage brought 
 by one of the crew against his owner, it was held that the owner 
 could not set up as a defence that the plaintiff had embezzled a 
 portion of the goods saved. 
 
 (a) The Salacia, 2 Hagg. 262-271. 
 
 (6) The Perla, Swa. 230-2:j2. See also The Hope, 3 Hagg. 
 423, where passengers who assisted in the salvage were 
 awarded the same proportions as able-bodied seamen. And see 
 The Salacia, 2 Hagg. 262, and the American cases, The Brig 
 Cora, 2 Wash. 80 ; and The Blaireau, 2 Cranch, 240, where 
 the same rule was followed. 
 
 (c) Judgmeni, of Dr. Lushingtoo, The Sarah Jane, 2 W. Rob. 
 110-115. See also Tlie Mountaineer, Ibid. 7; The Charlotte 
 Wylie, 5 Notes of Cases, 4 ; The Jane, 2 Hagg. 338. And see 
 the American case, The Centurion, Ware, 490. 
 
APPORTIONMENT. 109 
 
 ship in distress whose crew has heen reduced hy chap. v. 
 death or sickness, those who remain on board the 
 salving ship are entitled to a share of any salvage 
 remuneration awarded (d) . 
 
 In the case of the crew of a light-ship rendering Crew of 
 salvage services, however, a different rule would 
 seem to prevail; and where a part of the crew of one 
 of these ships performed a salvage service, it was 
 held that the reward was confined to those who were 
 actually engaged in the undertaking (e). 
 
 The right of the portion of the crew remaining on 
 board the salving vessel to participate in the sal- 
 vage is, however, confined to those who are willing 
 to assist; and if any of them refuse their help, they 
 will be excluded from any share (_/). 
 
 Salvage payable to officers and seamen of the Royal Apportion- 
 Navy or Coast Guard, are generally apportioned by amongst 
 the authorities, according to the rules laid down for ranfe ^" 
 distribution in the services (ff). 
 
 Proportion of Salving Vessel. 
 In apportioning salvage reward between the ship- Apportion- 
 owners and the seamen, the Court, where the salving tween "^ 
 vessel is a steamer, takes into consideration the fact "rew!"^^ """* 
 that the chief risk in the undertaking, and all the 
 expense, falls upon the owners ; and it has, since the Larger pro- 
 introduction of steam power, awarded to this class of |eneraiiy 
 
 (d) The Roe, Swa. 84. See also The Janet Mitchell, Ibid. 
 Ill ; The Nicolina, 2 W. Rob. 175 ; The Baltimore, 2 Dods. 
 132 ; The Sansome, 3 Irish Jur. 258. 
 
 (c) The Emma, 3 W. Rob. 151. See also The Thetis, 3 
 Hagg. 14 ; but see The Charlotte Wylie, 6 Notes of Cases, 4. 
 
 (/) The Baltimore, 2 Dods. 132. 
 
 (g) See the Instructions of the Board of Trade, 1 865, art. 94. 
 27 &28 Vict. c. 24 ; 17 Vict. c. 19 ; 26 & 27 Viet. c. 116, a. 
 11 ; The Mary Arm, 1 Hagg. 158 ; The Thetis, 3 Hagg. 14. 
 
110 THE LAW OF SALVAGE. 
 
 Chap. V. owners a much higher proportion than owners for- 
 given to marly received {7i) ; and it will also take into considera- 
 steam-ves- ^^'^^ ^he obvious fact, that in a great majority of such 
 ^^ ■ cases, the service is rendered by the steam-vessel 
 
 herself, and does not arise from any extraordinary 
 exertions on the part of the master and crew (i), and 
 upon grounds of pubKc policy, as the owners of 
 steamers, especially when carrying passengers and 
 mails, might, unless liberally rewarded, discourage 
 the masters of their vessels from engaging in any 
 salvage where human life is not in peril {k). And 
 
 (h) The Enchantress, Lush. 93. See also The Martin LutJier, 
 Swa. 287. 
 
 (i) The Beulah, 2 Notes of Cases, 61-63. See also The 
 Perla, Swa. 230-232 ; The Mary Anne, 11 L. T. N. S. 85 ; 
 and The Vanguard, 5 Irish Jnr. N. S. 364, where it is laid 
 down, that if the salving vessel he a passenger ship, that cir- 
 cumstance will also he taken into consideration in the apportion- 
 ment of the salvage between the owners and crew. 
 
 (Tc) Judgment of Dr. Lushington, The Martin LiUher, Swa. 
 287-290. See also the American cases, Tlie Charles, 1 Newb. 
 Ad. 329 ; The Henry Ewianh, 1 Sumn. 400 ; The Nathaniel 
 Hooper, Ibid. 641, where almost similar reasons are given for 
 favouring the claims of owners to a liberal proportion of the 
 salvage. In The Henry Evibanh, Mr. Justice Story (p. 425) 
 observes : ' ' The law does not stop short with a mere allowance to 
 the owner of an adequate indemnity for the risk so taken. It 
 has a more enlarged policy and a higher aim ; it looks to the com- 
 mon safety and interest of the whole commercial world in cases of 
 this nature, and it bestows upon the owner a liberal bounty and 
 reward, to stimulate him to a just zeal in the common cause, 
 and not to clog his voyages with naiTow instructions which should 
 interdict his master from any salvage service. If a bare com- 
 pensation for loss and risk were accorded, what motive could any 
 owner have to suffer his voyage to be retarded, his just expecta- 
 tions of profit to be frustrated, his whole commercial arrange - 
 ments to be suspended upon risks which he could neither foresee 
 nor guard against by any common prudence ? The law has a 
 wise regard to considerations of this nature, and it offers, not a 
 premium of indemnity only, but an ample reward measured by 
 an enlightened liberality and forecast. ... To this it may 
 be added, that it furnishes a strong inducement to officers and 
 seamen, not to desert their own proper duty to their owner and 
 
APPORTIONMENT. 1 1 1 
 
 where the steamer sustains any damage whilst ren- chap. v. 
 dering the service, the owner is entitled, before the owners en- 
 amount awarded is apportioned between himself and a„{ft\,e°,,'|rs 
 the crew, to deduct the expense of the repairs, and a ™^ demur- 
 reasonable sum for the loss of the ship's services 
 whilst she is repairing (I). 
 
 The owners of fishing vessels also, generally re- Fishing ves- 
 ceive a larger share of salvage than the owners of 
 other vessels, the Court taking into consideration the 
 interruption to their occupation occasioned by the 
 salvage service, and the fact that the wages paid to 
 their mariners are greater than those of the crews of 
 other vessels {m), and if the salving vessel was actu- 
 ally engaged in fishing at the time when she rendered 
 the assistance, the Court will, in apportioning the 
 salvage, take into consideration the interruption of 
 the employment (n). 
 
 The Court will not, however, lose sight of its an- no more 
 cient principle of adequately and Hberally rewarding moietygene- 
 the personal services of the men engaged, and as a to su^-™'' 
 general rule, the owners will not be permitted to °"""^- 
 take more than a moiety of the net sum received after 
 deducting expenses (o). 
 
 his interests for selfish purposes, by making them share only in 
 subordination to, and in connection with, those interests." 
 
 {D The Spirit of the Age, Swa. 286. 
 
 (m) Judgment of Dr. Lushington, The Louisa, 2 W. Rob. 
 22, 26. 
 
 (n) The Louisa, 6 Notes of Cases, Supp. 531. See also, TAg 
 Albion, 3 Hagg. 254, where seven-sixteenths was awarded to 
 the owner of a fishing vessel ; and see The Deveron, 10 Monthly 
 Law Mag. (Notes of Cases) 219. 
 
 (o) Judgment of Dr. Lushington, The Enchantress, Lush. 
 93-96. See also The Princess Helena, Lush. 190. But 
 see The Sai/iU Nicholas (1 Lush. 29), where out of an award 
 of £2800, £1600 was apportioned to the owners of the tug 
 effecting the salvage. See as to the proportions awarded owners, 
 
112 
 
 THE LAW OF SALVAGE. 
 
 Chap. V. 
 
 Previous 
 award to 
 owners does 
 not affect 
 claim of 
 master and 
 crew. 
 
 American 
 law as to 
 proportion 
 of owner. 
 
 The fact ttat a considerable sum has been awarded 
 to the owners of the salving vessel in a suit brought 
 by them, does not affect the amount to which the 
 master and crew, who have instituted a separate suit, 
 are entitled (p). 
 
 The tendency of the American Courts seems to be, 
 to look upon the claims of the owner of the salving 
 vessel with even a higher degree of favour than they 
 have met with in the English Court of Admiralty. 
 
 It is stated that in ordinary cases, where there 
 have been no peculiar services rendered, no uncom- 
 mon sacrifices made, and no extraordinary perils 
 encountered by the salving ship while engaged in the 
 salvage service, where no voyage is broken up, nor 
 serious damage sustained by the owner, the more 
 usual proportion allowed him by the Courts of the 
 United States, is one-third (q). In some cases, how- 
 ever, the owners have been awarded one-half (r), two- 
 thirds (s), and even three-fourths (t). In one case. 
 
 The Himalaya, Swa. 515 ; The Spirit of the Age, Ibid. 286 ; 
 The Earl Grey, 3 Hagg. 363; 'The Columbia, Ibid. 428 ; The 
 Albion, Ibid. 254 ; The Waterloo, 2 Dods. 433 ; The Mornimg 
 Star (American), 14 L T. N. S. 420 ; The Vine, 2 Hagg. 1 ; 
 The Charlotte, 1 W. Eob, 68 ; The Jane, 2 Hagg. 338 ; The 
 Salacia, Ibid. 262 ; TheNicolina, 2 W. Rob, 175 ; The Beulah, 
 1 W. Bob. 477 ; in this case, where the owners of the salving 
 vessel, a steam-tng, took £415 out of an award of £500, the 
 Court did not disturb the distribution ; The Bope, 3 Hagg. 423. 
 
 {p) The Aletheia, 13 W. E. 279. In this' case the owners of 
 the salving vessel were awarded £700, and the master and crew 
 (in the suit which was a subsequent one) £800. 
 
 (}) Mai-vin, 246. See The Eenry Ewbanh, 1 Sumn. 400 ; 
 The Boston, Ibid. 330 ; The Blaireau, 2 Cranoh, 240 ; The 
 Cora, 2 Wash. 80; The Amethyst, Daveis, 20-28; The Mar- 
 many, 1 Peters, 70 ; The Delphos, 1 Newb. 412. 
 
 (r) The Rising Sun, Ware. 385. 
 
 (s) The Waterloo, 1 Blatch. & How. 114. See also The 
 C. W. Ring, 2 Am. L. Rev. 259. 
 
 (t) La Belle Criole, 1 Peters, 31. 
 
APPORTIONMENT. 113 
 
 however, where the peril encountered was consider- chap. v. 
 able, the amount awarded small, and the salvors 
 numerous; the Court divided the salvage into thir- 
 teen equal parts, giving each salvor, including the 
 owners, one (u). 
 
 The American Courts also follow the practice of the 
 English Admiralty, in giving the owners of steamers 
 which render salvage service a larger proportion than 
 is generally awarded to other vessels (rr). 
 
 Shipowners have in some instances claimed to be claim of 
 
 ^ owners to 
 
 entitled to the proportion of salvage allotted to their a^'age 
 
 ^ ' ^ snares of ap- 
 
 apprentices, but, although on one occasion Dr. Lush- prentices 
 ington is reported to have observed, that the nature 
 of the apprentices' connection with the vessel is to be 
 taken into reasonable consideration, and that to a 
 certain extent the owner should be benefited from 
 that source, yet he expressed himself as clearly of 
 opinion that the owner is not entitled to receive the 
 whole benefit of the apprentice's exertions in a sal- 
 vage service (y) ; and in a subseqiient case, he pro- 
 nounced against the dlaim of the owners in more 
 absolute terms, holding the allotment of salvage to 
 be a personal reward for labour and skill, and that 
 whether the salvors were apprentices or not, no one 
 had a right to interfere with the property which 
 belonged to them (z). 
 
 (v) The Stewart, Crabbe, 218. 
 
 (x) The Wm. Perm, cited in Marvin, p. 247. 
 
 iy) The Columbine, 2 W. Kob. 186-188. 
 
 (z) The Two Friends, 2 W. Rob. 349-353 ; and see the 
 American case. The Blaireau, 2 Cranch, 240, where it is laid 
 down that the shares of apprentices are not to be paid to their 
 masters, but to themselves ; and see The Berlin, 4 Irish Jurist, 
 11a, where it was held that, if an owner appeals from a 
 salvage award, and there is no appeal by the salvors, the Court, 
 
114 
 
 THE LAW OF SALVAGE. 
 
 Chap. V. 
 
 Shares of 
 slaves. 
 
 Shares of 
 salvors re- 
 fusing to 
 participate 
 in the re- 
 ward. 
 
 Agreement 
 must be 
 equitable. 
 
 The American Courts have held that slaves earning 
 salvage are entitled to have it decreed to them for 
 their own use (a). In one case, hovpever (b), the 
 ■whole sum was paid to the master on his agreeing to 
 manumit the slave and pay him one-fifth of the sum 
 allowed. 
 
 In the American ease of the ship Charles (c), it 
 was held, that where some of the salvors decline or 
 refuse to claim salvage, their shares will not revert 
 to the benefit of their co-salvors, but to that of the 
 owners of the property. 
 
 Agreements for Apportionment. 
 
 Salvors may, and frequently do, agree between 
 themselves as to the division of the sum awarded to 
 them. If, however, the agreement should be inequit- 
 able as regards any of the parties, the Court of Ad- 
 miralty will refuse to be bound by it, and wUl decree 
 an equitable apportionment of the salvage (d). In 
 the case of The Louisa (e), a sum of £1200 had 
 been awarded for salvage to the owners, masters, and 
 crews of three smacks, and this sum the owners ap- 
 portioned, in accordance with an agreement signed by 
 the men at the time of hiring. This scale of apportion- 
 ment, which gave the owners about two-thirds of the 
 salvage, the Court refused to adopt, and in the appor- 
 
 although it may reduce the award, will not interfere with the 
 proportions. 
 
 (a) Small v. The Goods, Pet. Adra. 281-287. 
 
 (6) Tlie Blaireau, 2 Cranch, 240. 
 
 \c) 1 Newb. Adm. 329. 
 
 \d) Judgment of Dr. Lushington, TJie Enchantress, Lush. 93- 
 95 ; The Louisa, 2 W. Rob. 22 ; The Beulah, 2 Notes of 
 Cases, 61. 
 
 (t) 2 W, Eob. 22. 
 
APPORTIONMENT. 115 
 
 tionment which it made, gave the owners only seven- chap. v. 
 sixteenths, and the masters and crews nearly double 
 what they would have taken under the agreement. In 
 the course of his judgment, Dr. Lushington is thus 
 reported: — "Am I in the judgment I am about 
 to pronounce, bound and concluded by the articles 
 which are so stated to have been entered into by the 
 owners and crews of these vessels ? It would, I con- 
 ceive, be repugnant to general principles, and highly 
 prejudicial to public interests, if such a proposition 
 could be legally maintained in cases of this descrip- 
 tion. "What would be the effect of it ? The effect 
 would be to take away from actual salvors the mo- 
 tives to all enterprise and energy. Until, therefore, 
 
 I am compelled by superior authority, I never will 
 consider articles of this nature, made previous to the 
 salvage service, binding and conclusive upon my 
 judgment "(/). In The Mnchaniress (y), the Court 
 held an agreement for apportionment, which stipu- 
 lated that the amount of the salvors' reward should be 
 left to the determination of the agent of the salving 
 ship, to be inequitable and void. In The Silver Bul- 
 lion (li), where a person incurred risk and rendered 
 
 (/) See also The Beulah, 2 Notes of Cases, 61, where the 
 Court decreed an equitable apportionment, disregarding a 
 scale which the owners contended was based upon an arrange- 
 ment between tbem and the crew. See also, The Mary Anne, 
 
 II L. T. N. S. 85 ; where the Irish Court of Admiralty in 
 distributing salvage, disregarded an agreement by which the 
 master, in consideration of a per centage on the earnings of the 
 vessel, and the men in consideration of their wages, had bound 
 themselves to forego all salvage claims. See, however, the 18th 
 section of 25 & 26 Vict. c. 63, post, which modifies the effect 
 of the previous cases where the vessel is to be employed in sal- 
 vage service. 
 
 (g) liush. 93. 
 (h) 2 ^pinks, 70. 
 
116 THE LAW OF SALVAGE. 
 
 Chap. V. valuable service in the salvage of life and property 
 and was paid a sum of eleven shillings, and signed a 
 receipt in full of all demands, the Court held this sum 
 to be utterly inadequate to the services performed, and 
 awarded him £50 («) ; and in the case of The Fhan- 
 tom {Jc), where the owners of the vessel saved set up an 
 alleged agreement, by which the salvor was to accept 
 8s. 6d. in full for his services, the Court held such a 
 sum to be utterly futile, and awarded him £10 and costs. 
 
 Abandonment of Salvage. 
 
 Agreement By the 182nd sec. of the Merchant Shipping 
 
 106*0? sa" A-ct, 1 854, it is provided that every stipulation by 
 
 vofd.' ^''^ which any seaman consents to abandon any right which 
 
 he may have, or obtain, in the nature of salvage, shall 
 
 be wholly void (J), but by a subsequent Act (m), it is 
 
 declared that this provision " does not apply to the 
 
 case of any stipulation made by the seamen belonging 
 
 to any ship which, according to the terms of the 
 
 agreement is.to.be employed on salvage service, with 
 
 respect to the remimeration to be paid to them for 
 
 salvage services to be rendered by such ship to any 
 
 other ship or ships." 
 
 Discretion of The Court of Admiralty does not construe the 
 
 Court uiiaf- 
 
 (i) Tlie Silver Bullion, ubi supra. See alao the Instruc- 
 tions issued by the Board of Trade to receivers of wreck, 1865, 
 Art. 97 (6). 
 
 (jfc) L. R. 1 Ad. 58. 
 
 (Z) " The Act of Parliament says that every stipulation by 
 which any seaman consents to abandon any right which he may 
 have or obtain in the nature of salvage, shall be wholly inopera- 
 tive ; and the Court has held, and must hold,«that not only all 
 agreements barring salvage are wholly inoperative, but that all 
 agreements limiting the proportions of salvage money are to be 
 maintained only so far as they are really equitable." Per Dr. 
 Lushington. The Emchamtress, Lush. 93. 
 
 (m) 25 & 26 Vict. o. 63, s. 18. 
 
APPORTIONMENT. 117 
 
 above sections as in any way fettering its discretion chap. v. 
 upon the subject of these agreements. It has been (ected by 
 laid down that the joint effect of the two clauses is 3°etfro°^ 
 simply to render such agreements not illegal, and to 
 place them on the same footing as they stood before 
 any legislation on the subject («). 
 
 It has been held that such an agreement as that Agreement 
 
 • -I 1 1% ' 1 n . • • 1 binding on 
 
 provided for in the foregoing section, is not only person en- 
 
 . . -, . , . . . I tering on 
 
 bmaing on those who are parties to it, but upon a employ- 
 person temporarily in the employment of the ship- notice of it. 
 owners who has notice of the arrangement; and in 
 The Ganges (o), where a suit for distribution of sal- 
 vage was brought against a tug company, by a per- 
 son who was temporary master of the salving tug in 
 the place of B., whom he knew to be employed under 
 an agreement for fixed wages and a per centage on 
 the salvage earned, the Court held that the plaintiff 
 was bound by the agreement, and dismissed his suit. 
 
 The agreement need not be in writing, but it rests Agreement 
 upon those who dispute the seaman s claim to sal- in writing. 
 vage to show that there was an agreement, that the 
 vessel was to be employed on salvage service, and a 
 stipulation that the seamen should waive their right 
 to the salvage money (p) . 
 
 By way of further protection to mariners, it is also Sale of sai- 
 
 •' •> ^ _ vage void. 
 
 provided by the Merchant Shipping Act (q), that no 
 assignment or sale of salvage made prior to the 
 
 (m) Judgment of Sir E. Pbillimore, The Ganges, L. R. 2 
 Ad. 370 ; The Pensacola, B. & L. 306. See also The Pride of 
 Canada, B. & L. 208. 
 
 (o) L. E. 2 Ad. 370. 
 
 (p) Judgment of Dr. LushiDgton ; The Pride of Canada, Br. 
 & Lnsh. 208-210. See also The Mary Arme, 11 h. T. N. S. 
 85. 
 
 (2) 17 & 18 Vict. 0. 104, ». 233. 
 
118 
 
 THE LAW OF SALVAGE. 
 
 Local cus- 
 tom disen- 
 titling sea- 
 men to sal- 
 vage void. 
 
 Chap. V. accnung thereof shall bind the party making the 
 same, and that no power of attorney, or other autho- 
 rity for the receipt of any such salvage shall be 
 irrevocable. 
 
 It is almost unnecessary to obserre that the Court 
 of Admiralty will not recognise any local custom 
 which disentitles a seaman to a share of salvage which 
 he has assisted in earning. Where salvage had been 
 paid for services rendered by a fishing smack of Hull, 
 the crew of which consisted of a master and two 
 able seamen, who were paid by shares of the earnings, 
 and a boy who was paid weekly wages, and on a smt 
 being brought by the boy for distribution of the 
 salvage, it was alleged that a custom existed at Hull, 
 whereby those engaged in the fishing trade, who 
 receive wages, are excluded from reward for salvage 
 services, the Court refused to recognise such a cus- 
 tom as a bar to the suit (r). 
 
 If, however, the local or customary agreement be 
 an equitable one, as if, for instance, it provides that 
 of the crew of a life-boat company, those who stay 
 shall be rewarded as those who go, the Court will 
 favourably consider it (s). 
 No set off of If the master should retain a greater proportion of 
 claim for Salvage reward received by him than the owners con- 
 wages, sider him entitled to, they cannot set it oif against 
 his claim for wages, but must institute a suit for 
 apportionment, and bring into Court the sum they 
 received (t). 
 
 (r) The John, Pritcliard's Digest, p. 830. 
 (s) Judgment of Dr. Lushingtoti, Tlie Enchantress, Lush. 
 93-97. 
 
 (f) The Princess Helena, Lush. 190. 
 
APPORTIONMENT. 119 
 
 And where salvage money has been paid into chap. v. 
 Court for the purpose of distribution, the Court will no deduc- 
 not decree payment out of the fund of advances TOnces.^ 
 made to the salvors by their agent, and has refused 
 to do so even where the persons receiving the advances 
 were minors, against whom the lender of the money 
 had no remedy at law {u). 
 
 In case any of the salvors should lose their lives shares of de- 
 in rendering the service, or should die before the tops. 
 apportionment takes place, the Court will direct their 
 shares to be paid to their representatives (x). 
 
 Although co-salvors almost invariably ioin in the Payment to 
 
 *-' ^ '' one salvor 
 
 same suit, their interests are not ioint but several, does not dis- 
 
 ■' charge the 
 
 and consequently, except perhaps under very excep- claims of the 
 tional circumstances, payment of the salvage money 
 to one does not discharge the claims of the rest, 
 unless they concurred in or ratified the transaction. 
 In the case of The Sarah Jane (y), the owners of 
 that vessel paid to the captain of The Saucy Lass, 
 for salvage services rendered by the latter vessel and 
 her crew, £800; the captain giving a receipt "for 
 himself, mate, crew, and all others interested in The 
 Saucy Lass." The crew afterwards, on being dis- 
 satisfied with the share offered them by their master, 
 instituted a suit against The Sarah Jane for salvage, 
 and the owners pleaded the settlement and payment 
 to the master, but this plea the Court decided to be 
 
 («) The Louisa, 2 W. Bob. 22. See also The Louisa, 3 W. 
 Rob. 99. The American Admiralty Courts, as a general rule, 
 decree a minor's share of salvage to be his own property ; 
 Dunlop's Practice, 2nd edit., p. 98. 
 
 {x) The Marquis of Huntly, 3 Hagg. 216-249 ; The Hope, 
 Ibid. 423-425. 
 
 iy) 2 W. fiob. 110. 
 
120 THE LAW OF SALVAGE. 
 
 Chap. V. insufficient, holding that the master had no authority 
 to receive the shares of his crew, and the plaintiifs 
 recovered {z) ; and in the case of The Britain {a), 
 the Court, under nearly similar circumstances, sus- 
 tained a suit for salvage hy the crew, although the 
 amount had been paid to the master, and at the same 
 time it was held that the Court had no power to 
 decree a monition against the person who had received 
 the money to bring it into Court. As far as the 
 claim of the owners is concerned, however, it would 
 appear upon principle, that the master, being their 
 agent, has authority to bind them by his receipt (i). 
 
 (z) In the course of his judgment in this ease, Dr. Lushington 
 observes (p. 113) ; " If I were to hold that masters and owners 
 possessed a general power to act for the rest of the crew, it is 
 obvious from past experience of the manner in which mariners 
 have been sometimes dealt with, that they would often be de- 
 prived of that reward to which they are justly entitled. On 
 the other hand, I feel that an injury might be inflicted upon the 
 owners if it was laid down as a rule of universal application that 
 in no case whatever, neither the master nor the owners can act 
 on behalf of the rest of the crew. . . . It is unnecessary, 
 I think, to revert to the principles which I examined in the case 
 of The Britain, and in other cases, for the purpose of showing 
 that in all ordinary cases of salvage, neither the owners nor the 
 master have a power of binding the crew without their previous 
 consent." 
 
 (a) 1 W. Rob. 40. 
 
 \b) See -per Dr. Lushington, The Bntain, ubi mpra, p. 43. 
 
121 
 
 CHAPTER VI. 
 
 CONTKIBUTION. 
 
 The ordinary usage of the Court of Admiralty in chap. vi. 
 apportioning the liability for salvage between the Apportion- 
 ship and cargo, is to take the whole value of the ^^^e'^''" 
 ship and cara-o, and assess the amount of remunera- '''J™ ^i^p 
 
 ^ " and cargo. 
 
 tion upon the whole, each paying its due propor- 
 tion (a). The vessel is not, however, hable for the 
 salvage due from the cargo, nor the cargo for that 
 due from the vessel, each must bear its own por- 
 tion (5). Even although the owners of the cargo take 
 no part in resisting the salvage suit, but leave the 
 owners of the ship to defend it, they must bear 
 their proportion of expenses of a defence which may 
 have secured a reduction in the amount of the sal- 
 vage claim (c). 
 
 An exception to the rule that the cargo and ship silver or 
 
 ^ 1 bulUon. 
 
 contribute to salvage m equal proportions, is said to 
 exist where the cargo saved consists of silver or bul- 
 lion. Upon this subject, Dr. Lushington is thus 
 
 (a) Per Dr. LnshingtoB, I%e Emma, 2 W. Rob. 316-319. 
 See also, The Mary Pleasants, Swa. 224; The Maria Jane, 14 
 Jurist, 857 ; Briggs t. TJie Merchant Traders^ Ship, Loan, and 
 Insurance Association, 13 Q. B. 167. 
 
 (4) The Pyrenee, B. & L. 189. 
 
 (c) The Peace, Swa. 115. 
 
122 THE LAW OF SALVAGE. 
 
 Chap. VI. reported : " With respect to silver and bullion, it is 
 true that a distinction is wisely and properly per- 
 mitted, and this upon the consideration that it is 
 more easily rescued and preserved than more bulky 
 articles of merchandise" (d). Formerly a different 
 rule seems to have prevailed. In The Vesta (e). Sir 
 C. Robinson, in speaking of a distinction sought to 
 be made as to the nature and value of the property 
 saved is thus reported : " It is said that it might be 
 made with reference to the difference of danger to 
 which the property was exposed, but that would be 
 a difficult criterion to be apphed in most cases. The 
 buoyancy of articles may vary in different places, in 
 the sea, or in the river, and on the high seas, the 
 consequence may not be very different to the owner, 
 whether the article sink or float away. It might be 
 adopted on a computation of the difference of labour 
 employed in the constant attempts to float the ship, 
 which were ineffectual for so long a time, and the 
 comparative facihty of floating the deals; but I do 
 not think that would be a safe criterion in general 
 cases. Suppose, for instance, a casket of jewels on 
 board, and which might be saved with great facility, 
 it could not in such a case be contended that the 
 salvor would only be entitled to a small gratuity for 
 carrying it on shore. To uphold such a motive 
 would lead to preferences in saving one part of the 
 cargo before another. The more usual rule has been 
 to make a valuation of ship and cargo, and I think 
 that would be the more conveaieut practice "(/). 
 
 (d) The Emma, 2 W. Kob. 315, 319. 
 
 (e) 2 Hagg. 189-193. 
 
 (/) See also The Jonge Sasiiaan, 5 0. Eob. 322. 
 
CONTRIBUTION. 123 
 
 The owners of the cargo must also bear their pro- chap, vi. 
 portion of salvage awarded for saving the hves of ^^ salvage. 
 passengers on board the vessel, and it vrould appear 
 that their liability in this respect is not affected by 
 the fact that the efforts of the salvors did not contri- 
 bute to the safety of the cargo (y) . 
 
 If the owner of the ship should pay the whole Lien for 
 
 , . , _ . . T • T contribu- 
 
 amount claimed lor salvage, in order to obtain the tion. 
 release of the ship and cargo, he will have a lien upon 
 the cargo for the amount which it is bound to con- 
 tribute towards the salvage (A). 
 
 (g) T/ie Pusileer, 34 L. J. Ad. 25. 
 
 (A) Briggs v. The Merchant Ti aders^ Ship, Loan, and Assur- 
 ance Association, 13 Q. B. 167. 
 
124 
 
 CHAPTEE VTI. 
 
 MISCONDUCT OE NEGLIGENCE OF SALVORS.— EFFECT 
 OF ON THEIE REMUNERATION. 
 
 JJ'orfeilure for Misconduct, 
 Chap. VII. As the amount to be awarded for salvage services 
 Misconduct, fests entirely in the discretion of the Court, it is 
 obvious that the conduct of the salvors may have 
 a very material effect upon their remuneration. The 
 Court requires that those who seek its aid should 
 come before it with clean hands ; and where salvors 
 are proved to have misconducted themselves, their 
 remuneration may be reduced and even altogether 
 forfeited, however valuable their services originally 
 may have been (o). It requires a very strong case, 
 however, to induce the Court to hold salvage once 
 
 (a) " It is an established rule of this Court, and one I shall 
 never depart from, that however valuable a service may be, 
 salvors may forfeit their just reward if they are guilty of mis- 
 conduct." — Per Dr. Lushington, The Lady Worsley, 2 Spinks, 
 253, 256. "Salvage is forfeited by wilful misconduct, bad 
 faith, an intention not to do the whole of the duty, or an inten- 
 tion to protract that duty for the purpose of piracy." — Per Dr. 
 Lushington, The- Magdalen, 31 L. J. Ad. 22-24. See also 
 the American case of the schooner Boston, 1 Sumn. 328-341 
 where Mr. Justice Story is thus reported : "The party who asks 
 aid must come into Court with clean hands. In cases of salvage 
 the party founds himself upon a meritorious service, and upon 
 the implied understanding that he brings before the Court, for 
 its final awai-d, all the property saved, with entire good faith, 
 
MISCONDUCT AND NEGLIGENCE. 125 
 
 it is earned to be entirely forfeited. The law upon chvp vii 
 this point is thus laid down by Sir John Coleridge 
 in The Atlas (b) : Where " success is finally ob- 
 tained, no mere mistake or error of judgment in the 
 manner of procuring it, no misconduct short of that 
 which is wilful and may be considered criminal, 
 and that proved beyond a reasonable doubt by the 
 owners resisting the claim, will work an entire for- 
 feiture of salvage. Mistake or misconduct other 
 than criminal which diminishes the value of the 
 property salved or occasions expense to the owners, 
 are properly considered in the amount of compen- 
 sation to be awarded. Wilful or criminal miscon- 
 duct may work an entire forfeiture of it; but that 
 must be proved by those who dispute it." 
 
 In many of the cases where salvors have been 
 charged with misconduct or negligence, compensa- 
 tion has been refused to them, rather because their 
 efforts were fruitless in consequence of their conduct 
 than from the misconduct itself (c). 
 
 There are, however, several instances where the nstances 
 Court refused compensation, although the salvage forfeiture. 
 had been successfully accomplished. In The 
 Martha {d), the crew of a Ramsgate lugger went to 
 the assistance of a vessel aground upon the Goodwin 
 Sands and signalling for help, and, having anchored 
 their lugger, made preparations to get the barque's 
 bower anchor into her with a view to lay it out and 
 
 and he asks a compensation for it nninjured and unembezzled by 
 him." See also, The JBeUo Corrunos, 6 Wheat. 152. 
 (6) 1 Lush. 518, 528. 
 
 (c) The Duke of Manchester, 4 Notes of Cases, 575, on appeal, 
 6 Moore, P. 0. C, 91 ; The Atlas, 1 Lush. 518. 
 
 (d) Swa. 489. 
 
126 THE LAW OF SALVAGE. 
 
 Chap. VII. haul the barque off, but afterwards resisted the 
 crew of the barque in availing themselves of the 
 aid of a steamer, attempted to cut the hawser, 
 created a riot and confusion on deck, and detained 
 the vessel on the sand by wrongfully letting go 
 her anchor, — the Court, whilst it considered their 
 conduct in going off to the vessel in the first 
 instance meritorious, held that by their subse- 
 quent misconduct they had forfeited all claim to 
 salvage (/). 
 
 In The Lady Worsley {(/), that vessel having gone 
 aground on the western coast of Africa, was being 
 plundered by natives when she was taken possession 
 of by a salvor and removed into deep water, but the 
 salvor, instead of surrendering the vessel to the 
 agent of the ovrners at the spot, kept possession of 
 her until the arrival from England of another agent 
 of the owners, and in the meantime refused to per- 
 mit the cargo to be bartered, but had it sold much 
 below its value, he himself becoming a purchaser of 
 alarge quantity; the Court, on these circumstances, 
 held that by his conduct he had forfeited all claim 
 to salvage. 
 Instances oi There are many cases where the misconduct of 
 
 ditninislied ,i i , i • ^ • j j 
 
 salvage. the salvors not bemg oi so serious a nature as to 
 induce the Court to adopt the extreme measure of 
 visiting upon them an entire forfeiture of salvage, it 
 has punished them by awarding a sum much less than 
 under different circumstances they would have been 
 entitled to. Thus, where certain salvors went to the 
 
 (/) The Martha, Swa. 489. See also The Barefoot, 14 .Jurist, 
 841. 
 
 {g) 2 Spinks, 263. 
 
MISCONDUCT AND NEGLIGENCE. 127 
 
 assistance of a vessel that had gone ashore, dis- chap. vn. 
 charged part of her cargo, and assisted at the pumps 
 until the arrival of a steamer which had been em- 
 ployed by the owners of the vessel, when they ob- 
 structed the unloading of the vessel into barges sent 
 by the owner, and resisted the carrying off a hawser 
 from tlie vessel to the steamer, the Court, although 
 holding their misconduct not to be such as to de- 
 prive them of all reward, fixed the amount to be 
 paid them at a sum much less than they -would 
 otherwise have received (A). 
 
 In The Glory, where a set of salvors prevented a 
 steam-tug from coming close enough to the distressed 
 vessel to take her in tow, the Court condemned their 
 conduct, and awarded £100 only instead of £300, 
 which it otherwise would have given (i). 
 
 In The Glasgow FacTcet (k), a vessel went ashore 
 near Gravesend and sank, and a number of boatmen 
 commenced getting up various articles from her 
 decks with boat-hooks, and, having procured two 
 anchors and hired barges and lighters, endeavoured 
 to raise the vessel, till, upon the arrival of the 
 owners, they were told that their assistance was 
 not required; when they still continued to hover 
 round the vessel and obtrude their services, and 
 some of them persisted in coming up to London in 
 the vessel after she had been raised, the Court held 
 their conduct to be exceedingly reprehensible, and 
 refused to award them anything in respect of the 
 
 (/() The Dantzic Pacha, 3 Hagg. 383. See also The Blach 
 Boy, Ibid. 386 (n.) ; The San Nicola, 6 Irish Jurist, 91. 
 (i) 14 Jurist, 676. And see The Prins Fredei-ick, 2 Dods. 451. 
 (*; 2 W. Kob. 306. 
 
128 THE LAW OF SALVAGE. 
 
 Chap. VII. services they had obtruded on the owners after her 
 
 arrival (Z). 
 Slight evi- Although, however, the Court will, as shown in 
 demand or the preceding case, refuse any reward to salvors 
 of M^istoifce who obtrude upon the master of a vessel assistance 
 sufficient, ^jjjpjj jjg refuses to accept, yet where services are 
 rendered to a vessel in actual distress, it will not 
 require from the salvors very strict proof of a de- 
 mand or acceptance of their help, especially where 
 the circumstances of the case are such that the 
 master would not be justified in refusing to avail 
 himself of the assistance offered him. In giving 
 judgment in The Annapolis (m), Lord Kingsdown is 
 thus reported on the subject: — "It appears to their 
 Lordships that it would be dangerous to hold that 
 if salvage service be actually rendered to a ship she 
 cannot be called upon to pay anything unless it can 
 be shown that she either requested or expressly 
 accepted assistance. In many cases the urgency of 
 the case may be too great to admit of previous dis- 
 cussion; and if a salvor were required to prove such 
 agreement before he could recover, it is to be feared 
 that there would be much slackness in cases which 
 most require energy and activity. They agree vdth 
 what they understand to be the opinion of the 
 learned judge below, that it is suificient if the cir- 
 cumstances of the case are such that if an offer of 
 service had been made any prudent man would have 
 accepted it." 
 Improperly Where the salvors, although they succeeded in 
 furthe"* completing the salvage, improperly refused further 
 
 assietance. 
 
 (l) See also The Dosseitei, 10 Jurist, 865. 
 (m) Lush. 355-376. 
 
MISCONDUCT OR NEGLIGENCE. 129 
 
 assistance which had been oifered them at a time ceiap. vii 
 when the success of their efforts was doubtful, the 
 Court, to mark its sense of their misconduct, dimi- 
 nished the amount of the remuneration (m). 
 
 The Court looks with disfavour upon exorbitant Exorbitant 
 demands by salvors ; but although there is some 
 authority for saying that it will reduce the remune- 
 ration where an exorbitant sum has been claimed («■), 
 there does not appear to be any instance of its having 
 actually done so. 
 
 The misconduct must, however, have been con- The misoDn- 
 
 1-11 1 • 11 1 ' 1 ^^^* must 
 
 nected with the salvage service; and where the de-becon- 
 
 r -i • • f T 1 1 n 1 nected with 
 
 lendants m a suit tor salvage apphed to be allowed tiie service. 
 
 (m) T7i£ Dosseitei, 10 Jurist, 865. See also The Eleanora 
 Cliarlotta, 1 Hagg. 156, where Lord Stowell censured salvors 
 for taking a vessel into an inconvenient port, and nnnecessarily 
 remaining in possession. 
 
 (n) "Even services of the highest class might he lessened 
 by subsequent misconduct, and especially by exorbitant de- 
 mands." Per Lord Stowell, The John and Thomas, 1 Hagg. 
 157, n. See also The Hector, 3 Hagg. 90-95 ; The Towan, 2 
 W. Bob. 259 ; The Magnolia, 29 L. T. 40. And seethe Ameri- 
 can case. The Elmra, Gilpin, 60, where Judge Hopkinson, in 
 the course of his judgment (p. 75) observes : "We must not 
 teach a, salvor that he may stand ready to devour what the 
 ocean may spare. He must not be permitted to believe that he 
 brings in a prize of war and not a friend in distress. If he has 
 rendered his assistance to the distressed in a proper spirit, he 
 will be satisfied with a just and fair remuneration for the labour, 
 hazard, and expense he has encountered in the service, and it is 
 only a proper spirit that we should seek or desire to satisfy. To 
 this measure of compensation the judge, governed by a liberal 
 policy, will add a reasonable encouragement, which the generous 
 and humane will hardly need, to prompt men to exertions to 
 relieve their fellow men in danger and distress. But we must 
 remember that the policy of the law is not to provoke or satisfy 
 the appetite of avarice, but to hold an inducement to such as 
 require it to make extraordinary efforts to save those who may 
 be encompassed by perils beyond their own strength to subdue." 
 See also The Henry Ewhank, 1 Sumn. 400-413 ; The North 
 Carolina, 15 Peters, 40 ; Lewis v. The Elizabeth and Jane, 
 Ware. 33. 
 
130 THE LAW OF SALVAGE. 
 
 Chap. VII. to add to their pleas an allegation that the alleged 
 salvors had, since the commencement of the suit, 
 assaulted some of the witnesses who were going to 
 give evidence against them, the Court rejected the 
 motion, with costs (o). 
 Offences In addition to the above instances of misconduct 
 
 chant Ship- there are several offences with respect to wreck pro- 
 vided against by the Merchant Shipping Act, 1854; 
 and should the alleged salvors be guilty of any of 
 these offences they may, in addition to the punish- 
 ment imposed by the statute, incur an entire for- 
 feiture of any salvage they may have earned (p). 
 The wrongfully carrying away or removing any part 
 of a vessel in distress, or of her cargo, or any wreck; 
 the endeavouring in any way to impede or hinder the 
 saving of the vessel or cargo, and secreting of any 
 wreck, or the obliterating or defacing any marks 
 thereon, are offences involving, in addition to any 
 other punishment provided by the law, a penalty of 
 £50 (§■). The endeavouring to board a vessel in 
 distress without the direction of the Receiver or his 
 substitute, or the leave of the master, may be re- 
 pelled by force, and is an offence also punishable by 
 a penalty of £50; and it is a felony punishable by 
 four years' penal servitude to take into and sell in 
 any foreign port a distressed vessel, her cargo, or 
 
 (o) The Fieldm, 11 W. E. 156. See The Hopewell, 2 
 Spinks, 249. Where the owners of the property saved sought 
 to deduct from the salvage a loss of £260, which they had sus- 
 taiued through the detention of the vessel in the custody of the 
 Keceiver of Droits, after tender to the salvors of a, sufficient 
 amount ; and the Court refused to make the deduction, the 
 owners having it in their power to get the vessel released on 
 seonnty. See the American case, The Centurion, Ware. 490. 
 
 (p) The Wear Packet, 2 Spinks, 256. 
 
 (2) 17 & 18 Yiot. 0. 104, s. 478, post. 
 
MISCONDUCT OR NEGLIGENCE. 131 
 
 any wreck found within the limits of the United chap. vii. 
 Kingdom (r). Disobedience to the orders which the- 
 Receiver of Wreck whilst assisting a distressed vessel 
 is empowered to make is an offence similarly punish- 
 able. It is the duty of this officer when any vessel 
 is stranded or in distress within his district, upon 
 being made acquainted with the accident, to proceed 
 to the place where the vessel is, and on his arrival 
 to take the command of all persons present, and 
 assign such duties to each person and issue such 
 directions as he may think fit, with a view to the 
 preservation of the vessel and cargo and the lives of 
 the persons belonging to the vessel («). (1) He 
 may summon such number of men as he thinks 
 necessary to assist him; (2) require the master or 
 other person having the charge of any ship or boat 
 near at hand to give such aid with his men, ship, or 
 boats as may be in his power; and (3) he may de- 
 mand the use of any waggon, cart, or horses that 
 may be near at hand(#). He is justified in sup- 
 pressing by force any attempt to plunder, to create 
 disorder, or to obstruct the preservation of the 
 vessel, lives, or cargo (u) ; and he is entitled to the 
 custody of any cargo or articles washed ashore or 
 taken from a distressed vessel (y), and of all wreck that 
 may be found by any person except the owner of 
 it (x). Any person omitting to deliver up to the 
 Receiver wreck found or taken possession of by him, 
 
 (r) 17 & 18 Viot. 0. 104, s. 479. 
 (s) 17 & 18 Vict. e. 104, ». 441. 
 (0 17 & 18 Vict. .;. 104, ». 442. 
 («) 17 & 18 Vict. k:. 104, s. 444. 
 (r) 17 & 18 Vict. 0. 104, s. 443. 
 (a) 17 & 18 Yiot. c. 104, a. 450. 
 
 K 2. 
 
132 THE LAW OF SALVAGE. 
 
 Chap. VII. he not being the owner of it, forfeits all claim to 
 salvage, and is liable to pay double the value of the 
 wreck to the owner of it, and a penalty of £100 (y); 
 and any persons wilfully disobeying the directions 
 of the Receiver incurs a penalty of £50 (z); and any 
 person refusing to comply with the requisitions or 
 demands which he is authorised to make, a penalty 
 of £100 (a). 
 Onu<i of The proof of misconduct, like that of anv other 
 
 misconduct, criminal charge, rests upon those who impute it. 
 The presumption is in favour of innocence; and to 
 establish against a salvor misconduct involving a 
 forfeiture of salvage, the evidence must be conclu- 
 sive, that is to say, it must be such as to leave no 
 reasonable doubt in the mind of the judge (b). 
 Conviction Where, however, the misconduct of the salvors 
 
 by magis- 
 
 tiates. has already been the subject of judicial investiga- 
 
 tion, and they have been convicted of improper 
 interference with the cargo of a vessel in possession 
 of the Receiver of Wreck, the conviction is an 
 answer to any claim for salvage.' Thus where a set 
 of salvors persisted in their endeavour to unload 
 into their own boats the cargo of a vessel in distress 
 after men had been put on board by the Receiver 
 of Wreck, and were convicted before the justices for 
 disobedience to the Receiver under 9 & 10 Vict, 
 c. 99 (c), the Court held that it had no power to 
 consider whether the conviction was right or 
 
 (y) 17 & 18 Vict. c. 104, H. 4.50. 
 (s) 17 & 18 Vict. c. 104, s. 441. 
 («) 17 & 18 Vict. c. 104, s. 442. 
 
 (6) Judgment of Sir John Coleridge, The Atlas, 1 Lusli. 518- 
 528. See also The Charles Adolphe, Swa. 153-156. 
 
 {e) See similar enactment in 17 & 18 Vict. a. 104, s. 445. 
 
&c. 
 
 MISCONDUCT OK NEGLIGENCE. 133 
 
 .wrong, and pronounced against the claim for sal- chap. vii. 
 vage, with costs (d). 
 
 The Court will also look with disfavour on the Bad faith, 
 claims of salvors who have shown mala fides. Upon 
 this subject Dr. Lushington observes: — "The prin- 
 ciples are these — that salvage is forfeited by wilful 
 misconduct, bad faith, an intention not to do the 
 whole of the duty, or an intention to protract doing 
 that duty for the purposes of piracy. In all these 
 cases the Court would hold as it did in the case of 
 The Duke of Manchester, that the whole salvage is 
 forfeited altogether; and I shall be very desirous, 
 
 (d) The Wear Packet, 2 Spinbs, 256. But see, contra, The 
 Louisa, Pritchard's Digest, p. 799. In giving judgment in tlie 
 Wear Packet, Dr. Lushington obserTes (p. 257) : "I am clearly 
 of opinion that it is quite impossible for the Court to decree 
 salvage to the parties claiming it under the circumstances of this 
 case. The provisions of the Act of Parliament referred lo have 
 been carefully framed for the purpose of preventing any unjust 
 interference with respect to a ship in distress. I say carefully 
 framed, because it vests authority in the master, owner or 
 officer in charge of the ship, then io the Keceiver of Droits, and 
 for want of their presence, in various officers, as the Coastguard, 
 Kxcise, &o., stating them in every gradation, to prevent, not 
 merely improper interference with persons attempting to effect 
 the salvage, but sometimes also the destruction of the property. 
 Whether these parties have been convicted of a violation of sect. 
 15 or sect. 45, does not appear to me to be of importance. After 
 the men had been sent on board by the receiving officer, these 
 parties still persisted in their endeavour to unload the cargo, 
 and to put it on board their own boats. This, I apprehend, to 
 be a violation of the Act of Parliament, and on that ground I 
 should feel myself compelled to reject this claim, and when I find 
 that criminal proceedings under the statute were instituted 
 against the parties, that they were convicted, and that the con- 
 viction was confirmed at the Quarter Sessions, I am of opinion 
 that I have no power to consider whether such C(juviction was 
 right or wrong. It stands before me as an act unimpeachable 
 in this and other Courts. If I were to give these parties salvage 
 reward, the case would be reduced to the absurdity of the same 
 men being punished in one Court and rewarded in another for 
 the very same act." 
 
law. 
 
 134 THE LAW OF SALVAGE. 
 
 Chap. VII. whenever such a case occurs, to do that which would 
 be the just punishment to salvors, and for the benefit 
 of the commercial interests of this country" (e). 
 
 American The American Courts have held salvage to be en- 
 tirely forfeited by bad faith and corruption on the 
 part of the salvors. In The North Carolina (/), 
 where a person was appointed to act as a salvage 
 arbitrator who, to the knowledge of the salvors, had 
 an interest in enhancing the amount of compensa- 
 tion and awarded a sum unjustly large, the Court 
 held the circumstance to disclose an attempt at col- 
 lusion which worked an entire forfeiture of salvage. 
 In the ship James [g), salvage was also held to be 
 entirely forfeited in consequence of the salvors having 
 agreed to pay the master 2500 dollars for the ex- 
 clusive privilege of saving the property. In The 
 Aurora {h), where the salvors had unnecessarily light- 
 ened the vessel of 205 bales of cotton in order to 
 magnify their services and obtain a larger salvage 
 than they were entitled to, it was held that notwith- 
 standing they had rendered important services, the 
 whole compensation was forfeited. In The Byron {i), 
 where the salvors carried out an anchor ahead and 
 planted it in such a position as to hold the vessel on 
 a reef instead of hauling her oif, the circumstances 
 
 («) TJie' Magdalen, 31 L. J. Ad. 22-24. See also The 
 Westmiiister, 1 W. Bob. 229. There it was alleged that the 
 salvors had entered into an agreement for the salvage of the ship 
 and not of the cargo, and Dr. Lushington, in giving judgment 
 said, that if the charge had been proved, he would at once have 
 refused to pronounce any salvage at all due under such circum- 
 stances. 
 
 (/) 15 Peters, 40. 
 
 (g) Marvin, 232. 
 
 (A) Ibid. 
 
 (i) Ibid. 231. 
 
MISCONDUCT OK NEGLIGENCE. 135 
 
 were held to disclose a case, not merely of negli- chap. vn. 
 gence, but one of such dishonesty and fraud that 
 the -n-hole salvage was decreed to be forfeited. In 
 The Mary Sale [h], the shares of two of the salvors 
 were declared to be forfeited in consequence of their 
 attempting to seduce the ship's company from their 
 duty, by teUing them that the ship being in charge 
 of salvors they were not bound to work unless they 
 were paid extra. And in The Leander, the captain 
 and owners having concealed a part of the salvage 
 goods, their shares were decreed to be forfeited to 
 the owners of the vessel saved {I). 
 
 Robbery by the salvors of any portion of the Bobbery by 
 
 •f •' •' -^ salvors. 
 
 stores or cargo of the vessel saved would, as a matter 
 of course, if proved, be an answer to a suit for sal- 
 vage (m). Such a charge must, however, be most 
 distinctly proved; and where salvors are on board a 
 vessel for the purpose of rendering her assistance, 
 they are entitled to consume all that is necessary of 
 the stores for the purpose of maintaining themselves 
 whilst in the discharge of their duty; and even if 
 there be some waste under the circumstances, the 
 Court wiU refuse to look into minutise, or to rely 
 upon it {n). 
 
 The American law as to the eifect of theft upon a 
 
 (i) Marvin, 236. 
 
 (l) Bee, 260. See also The Blaireau, 2 Cranoh, 239. 
 
 (m) The Florence, 16 Jurist, 572. See also the American 
 cases, The Dove and Cargo, 1 Gallison, 585 ; The Blaireau, 2 
 Cranch, 239; The Missouri, 18 American L. R. 38 ; The Boston, 
 1 Sumn. 328. 
 
 («) The Mowthandel, 1 Spinks, 25-29. See also The 
 Louisa, 2 W. Kob. 22-24. la this case the Court made a 
 deduction from the sum allotted to the salvors, to compensate 
 the crew of the derelict saved for clothes on board which had 
 been lost or made away -with by the salvors, the Court not im- 
 puting to them any felonious intention. 
 
136 
 
 THE LAW OF SALVAGE. 
 
 American 
 law as to 
 proportion 
 for theft. 
 
 Chap. VII. pigi^ f(,j salvage does not differ from that of this 
 country, and there are many instances in the Ame- 
 rican Reports of salvage having heen entirely for- 
 feited in consequence of embezzlement. In The 
 Island City {p), where a general system of plunder 
 seemed to have been carried on by the salvors on 
 board the derelict, and the whole of the salving crew 
 having been found to have either participated in the 
 theft or connived at it, they were held to have for- 
 feited all claim to compensation, although the owners 
 of the vessel rendering the service were allowed 
 salvage. In The Soston (q), where a master and part- 
 owner embezzled a portion of the property, his shares 
 of the salvage as owner and master were forfeited, 
 and it was also laid down in this case that even 
 where the embezzlement takes place after the salvage 
 was completed, and whilst the property was in the 
 possession of the Court, it still occasioned a forfeiture 
 of the salvage. In The Mnlhouse {r), part of the sal- 
 ving crew remained on board the derelict whilst the 
 others returned to port in their vessel with some kegs 
 of specie. One keg was stolen by some of those who 
 returned, and it was held that only those who re- 
 mained on board the derelict were entitled to salvage. 
 In The S. -4. Boice {s), a vessel had been captured 
 by a privateer, and, after being partly plundered, was 
 suffered to go adrift without a crew, and the persons 
 claiming to be salvors surrounded the vessel in small 
 boats and plundered her of everything they could. 
 
 {p) 1 Black, 121. 
 
 (5) 1 Sumn. 328. 
 
 ()•) 22 American L. R. 276. 
 
 (s) 13 L. T. N. S. 65. 
 
MISCONDUCT OK NEGLIGENCE. 137 
 
 and afterwards, on her owners arriving, assisted chap. vii. 
 them in getting her off, the (^ourt held that they 
 could not maintain their action for salvage, but as 
 the owners offered to pay them for what they had 
 done they were allowed to receive a quantum meruit 
 for work and labour, but without costs. In The 
 Octavia{t) it was held that the master has no right 
 to give away any of the stores or cargo of his vessel, 
 and that an acceptance of them by the salvors, or 
 their connivance at his waste or misuse of them 
 would forfeit or diminish their salvage. It was at 
 one time considered in America (u) that fraud or 
 actual embezzlement on the part of the master would 
 defeat the claim of the owner of the salving vessel. 
 In The Missouri's Cargo («), however, it was decided 
 otherwise, the Court holding that only the guilty 
 parties should suffer. 
 
 Where the salvor has been guilty of misconduct, Negociation 
 
 . „ . . . 1 ^° waiver. 
 
 the owner is not prevented from raismg it as a de- 
 fence by the fact that he has negociated with the 
 view of referring the salvage claim to arbitration [w). 
 
 Where the defendant in a salvage suit intends to charge of 
 
 p ■ 1 1 /> 1 misconduct 
 
 raise the deience of misconduct on the part of the must be 
 salvors, he should do so at the earliest possible stage 
 of the proceedings {x). He will not be allowed to set 
 
 {t) Marvin on Salvage, 113. 
 
 («) The Rising Sun, Ware. 385. 
 
 (?)) The MissimrVs Cargo, 1 Sprague, 260. In this case, 
 part of the property having been embezzled and concealed by 
 the master after it had been saved, was ultimately restored to 
 the owner, and salvage on this portion was held to be due to 
 the owner and innocent salvors, they having had nothing to do 
 with the embezzlement. See also The Pair American, Peters, 87. 
 
 (to) The Martha, Swa. 489. See The Purissima Concepcion, 
 Notes of Cases, 150. 
 
 (x) The City of Edinbwrgh, 2 Hagg. 333. 
 
138 THE LAW OF SALVAGE. 
 
 Gk.ip. VII. up the charge unless it is distinctly brought forward 
 in the pleadings (^). 
 
 TJnsTcilfulness, 
 Kegiigeuce The amount of skill and knowledee which salvors 
 
 or unskilful- ° 
 
 ness of are expected to possess depends, in a great measure, 
 upon circumstances. Although, ordinarily, where 
 persons undertake to perform a salvage service the 
 Court will not require them to be finished naviga- 
 tors, it does expect that they should possess and 
 exercise such a degree of prudence and skill in the 
 performance of their task as persons in their voca- 
 tion and condition in life usually do possess and are 
 fairly expected to display (y). The Court will, how- 
 ever, look with less leniency upon the conduct of 
 incompetent persons who assume the character of 
 salvors, when there are others present willing to 
 engage in the undertaking and competent to bring it 
 to a successful issue. In The Bygden (z), Dr. Lush- 
 ington thus states the law upon the subject: "Where 
 persons offer their services to vessels in distress, and 
 there are no other individuals on the spot capable of 
 rendering more efficient assistance, the Court will 
 look with considerable indulgence at their effort; 
 because, being the only aid that can be procured 
 and oifered in a state of great exigency, every allow- 
 ance must be made if they are not possessed of ade- 
 quate knowledge to perform the duty they had 
 undertaken. But different considerations will apply 
 to the conduct of individuals who assume the cha- 
 racter of salvors when there are other persons com- 
 
 (x) The Minnehaha, 1 Lush. 335. 
 
 (y) The Cape Packet, 3 W. £ob. 122-125. 
 
 (z) 1 Kotes of Cases, 115. 
 
UNSKILFULKESS. 139 
 
 petent to discharge these duties " {a). Dr. Lush- chap. vii. 
 ington has, in more than one place, laid it down 
 that salvage remuneration may be entirely forfeited 
 through want of skill or negligence in the salvors (S). 
 These dicta are, however, inconsistent with the 
 law as laid down by Sir John Coleridge in TJie 
 Atlas (c), where the general rule is stated to be, 
 that where salvage has been finally effected, no mis- 
 take or error of judgment in the manner of procuring 
 it, and no misconduct short of that which is wilful 
 and may be considered criminal, and that proved 
 beyond a reasonable doubt by the owners resisting 
 the claim, will work an entire forfeiture of salvage. 
 In The Duke of Manchester {d), The Neptune {e), 
 The I>ygden{f), and The LocTcwoods [g), which are 
 cited as authorities for the proposition that want of 
 skill occasions a forfeiture of salvage, no complete 
 salvage was effected, the efforts of the salvors, in 
 consequence of their own negligence, resulting in no 
 benefit to the vessel 
 
 (a) See also, The Neptune, 1 W. Uob. 297.300 ; The Mag- 
 dalen, 31 L. J. Ad. 22 ; The Howlhandel, 1 Spinks, 26-27 ; 
 The Duke of Manchester, 2 W. Rob. 470 ; The Lochwoods, 9 
 Jurist, 1017 ; The John £i~yant, 5 Irish Jurist, 233. 
 
 (6) " Eren where essential services have been rendered to a 
 vessel, the subsequent miseonduot of the salvor may not only 
 diminish the amount of his reward, but his entire claim may be 
 forfeited." — Dr. Lushington in "^Ac Duke of Manchester," 
 ubi supra, p. 477. " There may be instances of such groas negli- 
 gence, independent of any wilful inattention, as would debar all 
 claim for salvage recompense." — Dr. Lushington, The Gape 
 Packet, 3W. Icob. 122-125. 
 
 (c) 1 Lush. 618-528. See also The Rosalie, 1 Spinks, 
 188-191 ; The Mac/dalen, SI L. J. Ad. 22. 
 
 (d) 2 W. Rob. 470. 
 
 (e) 1 W. Kflb. 297. 
 
 (/) 1 Notes of Cases, 116. 
 {g) 9 Jurist, 1017. 
 
140 THE LAW OF SALVAGE. 
 
 Chap. vii. Although it may be a question of doubt whether 
 neghgence or unskilfulness in the salvors will work 
 an entire forfeiture of salvage, still, if the property 
 saved sustains any injury in consequence of such 
 negligence or unskilfulness, the Court will impose 
 upon the salvors a part of the burden of the loss by 
 diminishing their remuneration. The extent of this 
 diminution is not, however, measured by the amount 
 of loss or injury sustained, but is framed upon the 
 principle of proportioning the diminution to the 
 degree of negligence, not to the consequences Qi). 
 Thus where certain salvors took possession of a derelict 
 which they found lying bottom upwards, and, after 
 some difficulty, towed her into Falmouth, the Court 
 reduced the amount of their reward in consequence 
 of the injuries they did to the vessel by improperly 
 turning it over in shallow water instead of taking it 
 into deep water and parbuckling it {i). And where 
 a steamer having got a vessel off the Goodwin Sands, 
 where she had been aground, took her in tow, and 
 the vessel afterwards, in consequence of the negli- 
 gence of those on board the steamer, got aground 
 upon (he Sandwich Flats, the salvage claimed by the 
 steamer was held to be entirely forfeited, upon the 
 ground that the vessel had been led into a peril as 
 great as that from which she had been rescued {k). 
 In the American cases. The Ashburton and The 
 
 (h) Per Dr. Lushington, The Cape Packet, 3 W. Kob. 122- 
 125. See also The Perla, Swa. 230 ; The Prins Fredenk, 2 
 Dods. 451. As to the responsibility of salvors for the negligence 
 or niiaconduet of their agents, see The Atlas, 1 Lush. 518-527. 
 
 (i) The Magdalen, 31 L. J. N. S. Ad. 22. See also The 
 Perla, ubi awpra; The Dygden, 1 Notes of Cases, 116. 
 
 [k] The Du/ce of Manchester (on appeal) 5 Notes of Cases, 470. 
 
UNSKILFULNESS. 141 
 
 Sulfan (I), considerable deductions were made from chap vii 
 the salvage awarded in consequence of the property 
 having been injured through the salvors having 
 neglected to take proper soundings; and in The 
 Diadem (m), their remuneration was similarly di- 
 minished in consequence of their having improperly 
 used hawsers instead of chains to the anchors where 
 they had reason to thinlc that the hawsers would be 
 cut by the rocks. 
 
 If, in consequence of the unskilfulness or negli- CoUision 
 
 ^ whilst en- 
 
 gence of those on board her, the salving vessel should gaged in 
 come into collision with the vessel which she is en- 
 deavouring to assist, she will be held Hable in 
 damages as in an ordinary case of collision. Thus 
 where the steamer Thetis fell in with the steamer 
 Sardis which had been disabled in consequence of 
 an accident to her machinery, and, in endeavouring 
 to tow her into port for an agreed sum, negligently 
 came into collision with and sunk the disabled vessel, 
 she was held to be solely blamable, and condemned 
 in damages (n). 
 
 If the salvors employ an agent to assist them in Negligence 
 the undertaking, and the property saved sustains any ° ''^'^" 
 loss in consequence of the negligence or unskilfulness 
 of the agent, the salvors, however innocent they may 
 be, and however meritorious as to their own acts, 
 must still suffer for it in the diminished amount of 
 compensation (o). If, however, the services of the 
 
 (Z) Marvin, 235. 
 
 (m) Marrin, 236. 
 
 (n) The Thetis, L. E. 2 Ad. 365. 
 
 (o) Per Sir John Coleridge, The Atlas, Lnsh. 618-529. See 
 The Bomarsund, Ibid. 77 ; The Duke of Manchester, 2 W. 
 Bob. 470. 
 
142 
 
 THE LAW OF SALVAGE. 
 
 Chap. VII. 
 
 American 
 law as to 
 responsi- 
 bility of 
 owner of 
 salving 
 vessel for 
 uuwort-hi- 
 ntss. 
 
 salvor terminate before the negligent act of the 
 third party takes place, then, as he would not under 
 such circumstances be acting as their agent, they 
 would not of course be answerable for his miscon- 
 duct. Thus where a set of salvors brought a vessel 
 into a position of safety from ordinary peril but not 
 to anchor, and then gave her in charge to a licensed 
 pilot, it was held that they were not prejudiced in 
 their claim for salvage by injuries subsequently 
 caused to the ship through the negligence of the 
 pilot (;?). 
 
 The question has been discussed in America as to 
 how far the owner of the salving vessel is respon- 
 sible for losses sustained by the property saved 
 through the unseaworthiness of his vessel or the mis- 
 conduct of his crew; and it has been held that although 
 the owner of an ordinary trading vessel would 
 not be liable for such consequences {q), a different 
 rule prevails with regard to a licensed wrecking vessel. 
 There the master and crew are employed by the owner 
 for the sole purpose of assisting vessels in distress, 
 and he is liable for any misconduct by them in the 
 course of their employment. Whoever the salvors 
 may be, whether licensed wreckers or not, they are 
 not only bound to be scrupulously honest themselves, 
 but, whilst the property is in their custody, they are 
 expected to employ every reasonable degree of dili- 
 gence to guard it from plunder by others; and any 
 negligence in this respect will affect the amount of 
 their remuneration (r). 
 
 (p) The Bomarsund, 1 Lush. 77. 
 
 {q) The MuUhouse, 22 American L. K. 276 ; The Pacific, 
 Ibid. 289. 
 (r) The John Perkins, 19 American L. R. 490. 
 
143 
 
 CHAPTER VIII. 
 
 DETENTION OF PROPERTY BY SALVORS. 
 It has beea held at common law that where salvage 
 
 „ , , , . , , , . . , , Chap. VIII. 
 
 IS enacted on the high seas, the salvor is entitled to 
 
 retain possession of the property saved until his of^property 
 
 claim has been satisfied (a). This right of the '"y^"^™''"' 
 
 Common 
 
 salvor has also been recognised in the Court of Ad- law posscs- 
 
 , , , , . . , , sory iicii. 
 
 miralty, but to a much more limited extent, that 
 Court looking to all the circumstances of the case, 
 and regarding the necessity that may exist for de- 
 taining the property as a means of securing the 
 claims of the salvor as the very foundation of the 
 right (b). The Merchant Shipping Acts, whilst they 
 provide for the security of the salvor, have also, as 
 will be presently seen, still further restricted his right 
 to retain possession of the property he saves. 
 
 It has been laid down that when once a vessel 
 has been abandoned by her master and crew in possessiol 
 
 rt 1 1 f ii ' ... of derelict. 
 
 consequence oi real danger tor the purpose of saving 
 
 (a) Barlfort v. Jones, 1 Lord Raymond, 393. Sea also 
 NidwUmi V. Chapman, 2 H. Black, 'iai ; The Nicolai Hein- 
 ricA, 17 Jurist, 329. See also the following American cases to 
 the same eifeot : The Royal William, Stewart's Vice-Ad. Rep. 
 Ill : The Bee, Ware, 336 ; Lewis r. The Elizabeth and Jane, 
 Ibid. 33; The John Qihpin, OJoott, 77 ; Baker r. Jf<m,, 
 Barb. S. C. Rep. 203.aXo j_ ^^ ^ " 
 
 (6) The Glasgow Paelcet, 2 W, Eobr306,i^fcl2, ZTlS. r"> 
 
144 THE LAW OF SALVAGE. 
 
 Chap. viir. their lives, then whatever persons first get posses- 
 sion of that vessel and are competent to render 
 salvage service, have a right to retain possession of 
 her until she is either voluntarily given up, or they 
 are divested by due course of lav?(c), and salvors have, 
 under special circumstances, been considered justi- 
 fied in taking the vessel into port without delaying 
 to take on board the crew which had abandoned 
 hev{d); and they have also, under special circum- 
 stances, been held entitled to retain possession of a 
 vessel found derelict though the master and crew 
 return to her(e). The retention of the exclusive 
 possession and control of the vessel by the salvors 
 where the master and crew reappear can, however, 
 only be justified by necessity (f) ; and the right of 
 the salvors in this respect is one depending so entirely 
 upon the pecuUar circumstances of each case, that 
 the Court has refused to lay down any general rule 
 upon the subject (y). 
 
 In The Cleopat.ra{h), that vessel was found by the 
 salving vessel, The Gallicia, on her beam-ends in 
 the trough of the sea, her port gunwale awash and 
 the sea breaking over her, apparently sinking, and 
 her crew about to leave her. The crew were got on 
 board The Gallicia, and The Cleopatra was towed 
 into harbour. In answer to the claim of the salvors 
 
 (c) The Tritonia, 5 Notes of Cases, Supp. ii. See also The 
 Dantzic Packet, 3 Hagg. 383-385. 
 
 (d) The Orbona, 1 Spinks, 161-165. 
 
 (e) The Gertrude, 30 L. J. Ad. 130. 
 
 (/) S. C. Dr. Lushington : "It is expedient, however, 
 where it can be done, to permit a master and crew to approach 
 their own ship." 
 
 ((/) The Cleopatra, 37 L. J. Ad. 31. 
 
 (A) Ibid. 
 
DETENTION BY SALVOES. 145 
 
 it was stated that the master of the Gallicia refused chap. vni. 
 to allow the master and crew of the Cleopatra to 
 return to her on the morning after they were taken 
 off, and that the vessel in consequence incurred 
 certain risk. The Court, howeyer, does not seem to 
 have been influenced by the objection, as it held the 
 salvage to be a meritorious one, and gave the salvors 
 £5000, the value of the ship, freight, and cargo 
 being .£24,000. 
 
 If, however, the vessel be not a derelict, as where, wiien not 
 
 r • 1 1 IIP! derelict. 
 
 tor instance, the master and crew leave her tor the 
 purpose of obtaining and returning with assistance, 
 and without the intention of abandoning her, the 
 occupying salvor is bound to submit himself to the 
 orders of the master when he appears and claims his 
 authority. The master, under such circumstances, 
 is entitled to resume charge of the vessel, to employ 
 whom he pleases, and to take what measures . he 
 thinks fit for the preservation of the ship Qi). 
 
 As between the salvors and the owners of the Saivors en- 
 salving ship, it has been held that the property custody as 
 
 11 . 1 1 p • 1 between 
 
 saved or the remuneration awarded for it ought, them and 
 until distribution, to be in the custody of the salvors, owners. 
 and not in that of the owners of the salving ves- 
 sel (i). 
 
 The salvors' title to remuneration and their mari- when salvor 
 time hen on the vessel saved is not in any way possession. 
 impaired or affected by their giving up possession 
 to the owner (y); and when once the salvage has been 
 
 (h) Judgment of Dr. Lushington, The Champion, Br. & Lash. 
 69—71. 
 
 (i) The Princess Helena, 30 L. J. Ad. 137-140. 
 
 (j) The Eleanora Charlotta, 1 Hagg. 158. Lord Stowell : 
 " It is au ill-founded and absurd notion that unless salvors stick 
 
146 THE LAW OF SALVAGE. 
 
 Chap. VIII. Completed and the Tessel brought into port, the 
 salvors will not be justified in retaining possession 
 for any greater length of time than may be neces- 
 sary for the purpose of securing their demands against 
 the owner. This necessity the Court of Admiralty 
 regards as the very foundation of the right Qc); and 
 it has even gone so far as to hold salvage to be entirely 
 forfeited on the ground, among others, that the 
 salvor had improperly kept possession of the pro- 
 perty saved instead of delivering it up to an agent of 
 the owner who was on the spot (Z). 
 Detention Where the ship or property saved is brought 
 by Receiver into the United Kingdom, the Receiver of Wreck 
 where sal- is, by the following sections of the Merchant Ship- 
 perty within ping Act, 1 854, empowered to detain the property 
 Kingdorn. until the salvage claimed has been paid or security 
 given: — 
 
 " Whenever any salvage is due to any person under 
 this Act the Receiver shall act as follows (that is to 
 say): 
 
 "(1.) If the same is due in respect of services ren- 
 dered in assisting any ship or boat, or in saving the 
 lives of persons belonging to the same, or the cargo 
 or apparel thereof, he shall detain such ship or boat 
 and the cargo and apparel belonging thereto until 
 payment is made, or process has been issued by 
 
 by the ship, they forfeit or at least impair their title to remune- 
 ration. It is very desirable that salvors generally shonld know- 
 that, in order to maintain their rights, it is perfectly unnecessary 
 to remain on board the vessel which may have received their 
 assistance. See the American oases, Tlie H. D. Bacon, 1 Newb. 
 274 ; Thi Smblin, Daveis, 61. 
 
 {h) The Glasgow Packet, 2 W. Rob. 306, pp. 312, 313. 
 
 {1} The Lady Worsley, 2 Spinks, 253. See also The Towan, 
 8 Jurist, 220. 
 
DETENTION BY SALVORS. 1-17 
 
 *ome competent court for the detention of such ship, CHir. viii. 
 boat, cargo, or apparel. 
 
 "(2.) If the same is due in respect of the saving 
 of any wreck, and such wreck is not sold as un- 
 claimed in pursuance of the proyisions hereinafter 
 contained, he shall detain such wreck until pay- 
 ment is made, or process has been issued in manner 
 aforesaid. 
 
 " But it shall be lawful for the Receiver, if at any 
 time .previously to the issue of such process security 
 is given to his satisfaction for the amount of salvage 
 due, to release from his custody any ship, boat, cargo, 
 apparel, or wreck so detained by him as aforesaid; 
 and in cases where the claim for salvage exceeds 
 X200, it shall be lawful in England for the High 
 Court of Admiralty of England, in Ireland for the 
 High Court of Admiralty of Ireland, and in Scotland 
 for the Court of Session, to determine any question 
 that may arise concerning the amount of the security 
 to be given or the sufficiency of the sureties; and 
 in all cases where bond or other security is given to 
 the Receiver for an amount exceeding £200, it shall 
 be lawful for the salvor or for the owner of the pro- 
 perty salved, or their respective agents, to institute 
 proceedings in such last mentioned courts for the 
 purpose of having the questions arising between 
 them adjudicated upon, and the said courts may 
 enforce payment of the said bond or other security 
 in the same manner as if bail had been given in the 
 said courts " (m). 
 
 (m) ] 7 & 18 Vict. c. 104, ». 468. By the 41 2th section of the 
 new Merchant Shipping Code, it is proposed to alter the foregoing 
 provisions, by conferring npon the Eeceiver a general authority 
 
 L 2 
 
148 THE LAW OF SALVAGE. 
 
 Chap. VIII. By a subsequent section {n) it is provided that 
 Release of where the salvor voluntarily. agrees to abandon his 
 saivof *'' *''' lis*! upon the ship, cargo, and property alleged 
 mmt *^°° '° ^^ salved upon the master or other person in 
 charge thereof entering into a written agreement, 
 attested by two witnesses, to abide by the decision 
 of the High Court of Admiralty, or of any "Vice- 
 Admiralty Court, and thereby giving security in that 
 behalf to such amount as may be agreed on by th^ 
 parties to the agreement, such agreement shall bind 
 the said ship and the said cargo, and the freight 
 payable therefor respectively, and the respective 
 owners of the said ship, freight, and cargo for the time 
 being, and their respective heirs, executors, and ad- 
 ministrators, for the salvage which may be adjudged 
 to be payable in respect of the said ship, cargo, and 
 freight respectively to the extent of the security so 
 given as aforesaid, and may be adjudicated upon and 
 enforced by the High Court of Admiralty or any 
 Vice-Admiralty Court agreed upon. The salvor and 
 the master of the vessel saved, when such an agree- 
 ment is entered into, are to forward to the Court 
 which has to adjudicate upon the agreement state- 
 to " seize any property found within hia district, and alleged to 
 be liable for salvage," and "to detain the property until the 
 claim is satisfied, the property released by a competent court, or 
 security to the satisfaction of the Receiver given for the salvage, 
 fees and costs." Any question as to the amount of the security 
 or the sufficiency of the sureties is to be determined, in cases 
 •where the value is under £50, by the Receiver, and above £50, 
 by the local Coui-t of Admiralty for the district, and the value 
 is to be determined by the Receiver, if no valuation has been 
 made. The security is to be enforced by "any Court competent 
 to entertain a suit for salvage," and in claims over which the 
 Receiver is to have jurisdiction, by the local Court of Admiralty 
 for the district. 
 
 (m) 17 & 18 Vict. c. 104, s. 497. 
 
DETENTION BY SALVORS. 149 
 
 ments concerning the nature of the service, the value chap. viii. 
 of the ship, of the property saved, &c., such as are 
 required in the case of salvage by Her Majesty's 
 ships abroad (o), but with this difference, that they 
 need not be made upon oath (p). 
 
 Where the Court of Admiralty orders the release 
 of a vessel, instantaneous obedience must be paid to 
 it; and if the salvors seek to retain the possession of Refusal to 
 the vessel after production to them of the release, an of Comt for 
 attachment vriU be issued against them {q). And if 
 the Receiver of Wreck release the property, the 
 salvors, after such release, have no right to detain No avrest or 
 it or to arrest it by warrant of the Court of Ad- after release 
 miralty. Should they do so the Court will, on ofwreck™'^ 
 motion of the owners, grant the release and condemn 
 the salvors in costs (r). 
 
 The right of salvors to retain possession of pro- 
 perty saved is also subject to those sections of the 
 
 (o) 17 & 18 Vict. c. 104, s. 486. And see, post. 
 
 Ip) 17 & 18 Vict. e. 104, s. 497. By the 416ih section of the 
 new Merchant Shipping Code, the above provisions are in sub- 
 stance re-enacted. The changes proposed to be made in the law 
 by this section are very slight. Instead of any provision for 
 security, the agreement itself is to bind the property to the 
 extent specified. The agreement is to be enforceable in the court 
 named in it, and for that purpose any court having Admiralty 
 jurisdiction is to have all the powers of the superior Court of 
 Admiralty, and the High Court of Admiralty of England is to 
 have authority to enforce such agreements in any Vice- Admiralty 
 Court in any part of the Queen's dominions, and all Courts 
 exercising Admiralty jurisdiction in the United Kingdom, the 
 Channel Islands, and the Isle of Man, are to aid the High Court 
 of Admiralty in enforcing the same. The statements to be for- 
 warded to the Court are in the 2nd schedule to the Code, but 
 diflfer in no way from those provided for by the existing law, 
 with this exception, that the statement of the master's willing- 
 ness to execute the prescribed bond is omitted, 
 
 (5) Tfce Towan, 8 Jur. 220. 
 
 (r) The Lady Catherine Braham, Lush. 404. 
 
150 THE LAW OF SALVAGE. 
 
 Chap. VIII. Merchant Shipping Act which require the dehvery 
 Cargo, &o. of s^ch property, in certain cases, to the Receiver of 
 uvereho ' Wreck of the district. By the 443rd section it is 
 Receiver, provided, that all cargo and other articles helong- 
 ing to any ship or boat stranded or in distress at 
 any place on the shore of the sea or of any tidal 
 water within the limits of the United Kingdom 
 that may be washed on shore or otherwise lost or 
 taken from such ship or boat, shall be delivered to 
 the Receiver, and that any person, whether he is the 
 owner or not, who secretes or keeps possession of any 
 such cargo or article, or refuses to deliver tlie same 
 to the Receiver or to any person authorised by him 
 to demand the same, shall incur a penalty not ex- 
 ceeding £100, and that it shall be lawful for such 
 Receiver or other person to take such cargo or article 
 by force from the person so refusing to deliver the 
 same (s). 
 
 By a subsequent section it is provided with re- 
 spect to wreck, that if it be found or taken posses- 
 Eecelver *o£ ^^°" °^ ^J ^^7 person Other than the owner, he is, as 
 Wreck gggjj ^g possible, to deliver it to the Receiver under 
 penalty of forfeiting all claim to salvage, double the 
 value of the wreck, and a fine not exceeding £100; 
 and if the person finding or taking possession of the 
 wreck be the owner, he is bound, under a penalty of 
 £100, to give notice of the fact to the Receiver as 
 soon as possible (t). The Receiver is also em- 
 powered (upon obtaining a search warrant) to search 
 for and seize any wreck that may be secreted (»). 
 
 (s) 17 & 18 Viat. c. 104, ss. 441—448. 
 
 (t) Ibid. s. 460. 
 
 {«) See 17 & 18 Yiot. o. 104, s. 451. Under the 452nd section, 
 
DETEXTION BY SALVOES. 151 
 
 Where salvage services are rendered by the com- Chai'. viii. 
 mander or crew of any vessel of the Royal Navy to Keieaso ot 
 a ship on the high seas, the ship saved, " if the salvage 
 salvor is justified by the circumstances of the case in vessefof 
 detaining it at all" {x), is to he taken to some port fo^slrvices 
 where there is a consular officer or Vice-Admiralty seas.'* 
 Court, and the salvor and the master of the vessel 
 saved are each, within twenty-four hours after the 
 arrival of the vessel in port, to furnish to the con- 
 it is the duty of the Receiver, within forty-eight hours after taking 
 possession of wreolj, to forward a description of it to the custom- 
 house of the nearest port, and the Secretary of Lloyd's. 
 
 By the new Merchant Shipping Code, no change of much 
 consequence is proposed to be made in the above provision 
 as to the secreting of wreck. The 385th section makes the 
 right of the owner to retain wreck in his own possession, subject 
 to such conditions as the Board of Trade may impose, and 
 gives a summary remedy for the recovery of the penalty where 
 less than £50. 
 
 The 386th proposes to introduce the following new provisions : 
 
 Where any wreck is taken possession of at sea, beyond the 
 limits of the United Kingdom, by any British ship or boat, the 
 master of such ship or boat shall act as follows : — 
 
 (1.) If while the wreck is in his possession he touches at any 
 port or place where there is a British consular officer, he shall 
 make a report of the wreck to such consular officer, and shall 
 conform to his directions in respect thereof : 
 
 (2.) If he arrives in the United Kingdom in possession of the 
 wreck, he shall deliver it to the Keceiver of the district in which 
 the port or place at which he first arrives is situate : 
 
 (3.) If before he arrives in the United Kingdom he disposes 
 of the wreck, whether under the direction of a consular officer 
 or otherwise howsoever, he shall upon first arriving in the United 
 Kingdom, give an account of the wreck, and of the manner, and 
 of the price, if any, in and for which he has disposed of the same, ' 
 to the Receiver of the district in which the port or place at 
 which she first arrives is situate. 
 
 Any person making default in ohejing the provisions of this 
 section, shall be liable, on conviction, to pay as a penalty double 
 the value of the wreck, and a further sum not exceeding £200, 
 such penalty to be recoverable by summary proceedings or other- 
 wise, BO, however, that no penalty recovered summarily shall 
 exceed £100. 
 
 {x) 17 & 18 Vict. c. lU, a. 486. 
 
152 
 
 THE LAW OF SALVAGE. 
 
 Chap. VIII. sukr officer or Vice-Admiralty judge a statement 
 upon oath setting out — 
 
 (1.) The place, condition, and circumstances in 
 which the said ship, cargo, or property 
 was at the time when the services were 
 rendered for which salvage is claimed. 
 
 (2.) The nature and duration of the services. 
 The salvor is to add to his statement: 
 
 (3.) The proportion of the value of the said ship, 
 cargo, and property, and of the freight 
 which he claims for salvage, or the values 
 at which he estimates the said ship, 
 freight, cargo, and property respectively, 
 and the several amounts that he claims for 
 salvage in respect of the same. 
 
 (4.) Any other circumstances he thinks relevant 
 to the said claims. 
 The master or other person in charge of the said 
 ship, cargo, or property is to add to his statement: 
 
 (5.) A copy of the certificate of registry of the 
 said ship and of the indorsements thereon, 
 stating any change which to his knowledge 
 or helief has occurred in the particulars 
 contained in such certificate, and stating 
 also, to the hest of his knowledge and 
 belief, the state of the . title to the ship 
 for the time being, and of the incum- 
 brances and certificates of mortgage or 
 sale (if any) affecting the same, and the 
 names and places of business of the owners 
 and incumbrancers. 
 
 (6.) The name and place of business or residence 
 of the freighter (if any) of the said ship. 
 
DETENTION BY SALVOES. 153 
 
 and the freight to be paid for the voyage chap. via. 
 
 she is then on. 
 (?•) A general account of the quantity and nature 
 
 of the cargo at the time the salvage ser- 
 vices were rendered. 
 (8.) The name and place of business or residence 
 
 of the owner of such cargo, and of the 
 
 consignee thereof. 
 (9.) The values at which the said master estimates 
 
 the said ship, cargo, and property, and the 
 
 freight respectively, or, if he thinks fit, in 
 
 heu of such estimated value of the cargo, 
 
 a copy of the ship's manifest. 
 (10.) The amounts which the master thinks 
 
 should be paid as salvage for the services 
 
 rendered. 
 (11.) An accurate list of the property saved in 
 
 cases where the ship is not saved. 
 (12.) An account of the proceeds of the sale of 
 
 the said ship, cargo, or property in cases 
 
 where the same or any of them are sold at 
 
 such port as aforesaid. 
 (13.) The number, capacities, and condition of the 
 
 crew of the said ship at the time the said 
 
 services were rendered. 
 (14.) Any other circumstances he thinks relevant 
 
 to the matters in question. 
 (15.) A statement of his willingness to execute a 
 
 bond in the form (W.) given in the sche-i 
 
 dule to the statute, in such amount as the 
 
 officer or judge may fix {y). 
 
 (y) 17 & 18 Vict. c. 104, s. 486. 
 
154 THE LAW OF SALVAGE. 
 
 CttAP. VIII. Within four days after receiving these statements 
 the officer or judge determines the sum for which 
 the bond to the salvor is to be given, the amount 
 not to exceed half the value of the property, and 
 sends notice of the sum so fixed to the salvor and 
 master. He may proceed ex parte if either of the 
 above statements is not delivered to him vfithin the 
 24 hours; but he shall in no case under the Act 
 require the cargo to be unladen {z) . If the vessel 
 be a British ship her detention by the salvor is to 
 cease upon the bond (vphich is to be attested by 
 the consular officer or judge) being signed by the 
 master (a). The bond, which if signed abroad is 
 exempt from stamp duty (b), binds the owners of 
 the ship, freight, and cargo for the salvage after- 
 wards awarded (c). In the case, however, of vessels 
 owned by persons not domiciled in the Queen's do- 
 minions, the salvor is entitled to retain possession 
 until the master, in addition to the bond, procures 
 such security for the due performance of its condi- 
 tions as the officer or judge considers sufficient, and 
 deposits the security with the officer or judge, or 
 with him jointly with any other person whom the 
 salvor may appoint (i). If the salvor and the 
 master of the vessel saved agree (e) that the bond 
 should be adjudicated upon in any Vice- Admiralty 
 Court, the officer or judge is, at the earliest oppor- 
 tunity, to transmit to such Court, or, in the absence 
 of such agreement, to the High Court of Admiralty 
 
 (z) 17 & 18 Yict. c. 104; a. 487. 
 
 (a) Ibid. ss. 488, 489. 
 
 (6) Ibid. s. 495. 
 
 (c) Ibid. s. 491. 
 
 {d) Ibid. B. 489. 
 
 (e) Ibid. B. 490. 
 
■ DETENTION BY SALVOES. 155 
 
 n England, the statements and documents handed chap. viir. 
 to him, together with a notice of the amount of the 
 bond fixed upon by him (/). The Court to which 
 the documents are so sent is empowered to adjudi- 
 cate upon and enforce the bond, and to deal with 
 any security that may have been given ( y ). 
 
 The bond may be proved by the evidence of any p™o£ "f 
 one able to bear witness to the requisite facts, with- 
 out calling the attesting witness (Ji). 
 
 If the salvor should elect not to proceed as above. Salvor not 
 
 -. . -. to detain 
 
 he has no power to detain the vessel or property, vessel un- 
 He may, however, take other proceedings to eniorce ceeds as 
 his claim as if the Act had not passed (i). 
 
 (/) The agreement when signed abroad, is exempt from 
 stamp duty, 17 & 18 Vict. c. lOi, s. 495. 
 
 (g) 17 & 18 Vict. u. lOi, ss. 492, 493. 
 
 {h) Ibid. s. 526. 
 
 (i) 17 & 18 Vict. 0. 104, ss. 492, 494. By the 418th sec- 
 tion of the new Merchant Shipping Code, an important alteration 
 is proposed to be made in the foregoing provision. The salvor is 
 no longer to be authorised to detain the vessel or take her into a 
 port where there is a Vice- Admiralty judge or consul. He is to 
 make and sign, and to require the master of the vessel saved to 
 make and sign a statement containing the particulars already- 
 set out. If the master should refuse to make the required 
 statement, then the vessel may be detained until the state- 
 ment is made, or security for the salvage to the satisfaction of 
 the consular ofiScer or judge given. The statement to be evidence 
 on behalf of the Admiralty of all matters contained in it, and 
 any person making a false representation in it is to be guilty of 
 perjary. 
 
156 
 
 CHAPTEE IX. 
 
 PROCEEDINGS TO EECOVER SALVAGE. 
 
 CuAP. IX. The salvor may, according to the amount claimed, 
 or the value of the property, sue for the recovery of 
 salvage hy proceedings in the High Court of Ad- 
 miralty, or in a county court possessing Admiralty 
 jurisdiction, or before two justices of the peace (a). 
 
 Jurisdiction and Practice of the HigTi Court of 
 Admiralty. 
 
 The Court of Admiralty has jurisdiction to enter- 
 tain suits for salvage wherever the service may have 
 been rendered. It formerly could not entertain a 
 salvage suit unless the salvage took place on the 
 high seas (S). This restriction was, however, re- 
 moved by an Act passed in the early years of the 
 present reign {c), which gave to the Court "juris- 
 diction to decide all claims and demands whatsoever 
 in the nature of salvage, for services rendered to any 
 
 Action at (") ^^ *" when an action at law will lie for salvage, see 
 
 iHwfor Nicholson Y. Chapman, 2 H. Blackstone, 254 ; Lijisony. Bar- 
 
 salvage. ruon, 22 L. T. 83 ; Castellaine v. Thompson, 13 C. B. N. S. 
 
 105 ; Newmans. Walters, 3 B. & P. 612 ; Chitty on Pleading, 
 
 6th edit. vol. ii. p. 49. 
 
 (i) The Two Friends, 1 C. Bob. 271. 
 (c) S & 4 Yiot. 0. 65, a. 6. 
 
JURISDICTION OF COUET OF ADMIRALTY. 157 
 
 ship or sea-going vessel, or in the nature of towage, chap. ix 
 and to enforce the payment thereof, whether such 
 ship or vessel was within the hody of a county or 
 upon the high seas at the time when the services were 
 rendered;" and hy a subsequent statute (d) it was pro- 
 vided that, subject to certain restrictions, (that is to 
 say, now where the value of the property saved is over 
 XI, 000, and the claim for salvage is over £200,) 
 "the High Court of Admiralty shall have jurisdic- 
 tion to decide upon all claims whatsoever relating to 
 salvage, whether the services in respect of which sal- 
 vage is claimed were performed upon the high seas, 
 or within the body of any county, or partly in one 
 place, and partly in the other, and whether the 
 wreck is found at sea or cast upon the land, or 
 partly in the sea and partly on land" (e). 
 
 The Court of Admiralty had, as has been pointed 
 out in a previous chapter (_/), formerly no jurisdic- 
 tion to award compensation for life salvage when 
 not connected with the salvage of property. This 
 has been remedied in the Merchant Shipping 
 Act, 1854, which enables the Court to decree a 
 reasonable amount of salvage to those who render 
 assistance in saving the lives of the persons belong- 
 ing to any ship or boat stranded or in distress on the 
 shore of any sea or tidal water within the limits of 
 
 (d) 17 & 18 Vict. c. 104, s. 476. 
 
 (e) The High Court of Admiralty has a concurrent jurisdic- 
 tion as to salvage within the boundary of the Cinque Ports, 
 and it remains unaffected by this Act {The Mai-ia Luisa, Swa. 
 67). As to the jurisdiction of these ports in salvage cases, see 
 1 & 2 Geo. 4, c. 76. By the 426th section of the new Merchant 
 Shipping Code, it is proposed to abolish the local jurisdiction of 
 the Cinque Ports in salvage cases. 
 
 (/) Chap. 1, anU, p. 16. 
 
158 
 
 THE LAW OF SALVAGE. 
 
 Certificate 
 for costs, 
 wliere'ne- 
 cessary. 
 
 Chap. IX. the United Kingdom (y). By a subsequent statute (A) 
 these provisions were extended to cases of life sal- 
 vage from a British ship or boat, wheresoever the 
 service might have been rendered, and from any 
 foreign ship and boat where the services have been 
 rendered, either wholly or in part, in British waters. 
 
 These sections have been held to apply to the pre- 
 servation of the lives of the passengers belonging to 
 a ship, and to be not confined to those of the sea- 
 men (i). 
 
 By the 460th section of the Merchant Shipping 
 Act, 1854 (k), it is provided that if salvors, suing 
 in the High Court of Admiralty, do not recover a 
 greater sum than £200, they shall not recover any 
 costs, unless the Court certifies that the case is a fit 
 one to be tried in a superior court (Z) ; and this 
 restriction is still further increased by the recent 
 Act conferring Admiralty jurisdiction upon the 
 County Courts, the 9th section of which provides 
 that " if any person shall take in the High Court 
 of Admiralty of England, or in any superior court 
 proceedings which he might without agreement 
 have taken in a county court, except by order of 
 the judge of the High Court of Admiralty, or of 
 such superior court or of a county court having 
 Admiralty jurisdiction, and shall not recover a sum 
 exceeding the amount (in claims for salvage, £300) to 
 which the jurisdiction of the County Court in that 
 Admiralty cause is limited by this Act; and also, if 
 
 (g) 17 & 18 Vict. c. 104, s. 458. 
 (A) 24 Viot. e. 10, s. 9. 
 . («) The Fusileer, 34 L. J. Ad. 25. 
 (h) 17 & 18 Vict. c. 104, s. 460. 
 {I) Ibid. 
 
JURISDICTION OF COUET OF ADMIKALTY. 159 
 
 any person, without agreement, shall, except by chap. ix. 
 order as aforesaid, take proceedings as to salvage in 
 the High Court of Admiralty, or in any superior 
 Court, in respect of property saved, the value of 
 vphich when saved does not exceed £1,000, he shall 
 not be entitled to costs, and shall be liable to be con- 
 demned in costs, unless the judge of the High Court 
 of Admiralty, or of a superior Court before whom 
 the cause is tried or heard, shall certify that it was 
 a proper Admiralty cause to be tried in the High 
 Court of Admiralty of England, or in a superior 
 Court {m). 
 
 In the absence of special circumstances, the certificate of 
 Court has frequently refused to certify, so as to granted. 
 entitle the salvors to costs (n) ; but it has been said 
 that the Court will certify when there are circum- 
 stances of difficulty or peculiarity, such as questions 
 upon the construction or effect of an agreement 
 made at sea, or where there is only one justice on 
 the spot, and he an interested party (o), or where 
 unfounded charges of misconduct are made against 
 the salvors (p). It has granted a certificate where 
 the captain of the vessel salved sailed away, having 
 refused to give the names and addresses of her 
 
 (m) 31 & 32 Vict. c. 71, s. 9. 
 
 (m) Tke Fenix, Swa. 18 ; The William and Jolai, Br. & L. 
 49 ; The Minnehaha, Lush. 335. See The Comte Nesselrode, 
 where, there being no special circumstances, the Court refused 
 to certify for costs, notwithstanding it awarded the salvors £100 
 instead of £40, wliich had been tendered. 
 
 (o) The John, Lush. 11—13. 
 
 (p) Tlie Fenix, 13 — 16. It is to be observed, however, that 
 now that the jurisdiction of the County Courts in salvage cases 
 has almost, if not entirely, supplanted that of the justices, the 
 Court of Admiralty may require a stronger case for certificate to 
 be made out than it did when the Court of the justices was the 
 only one that shared its jurisdictian. 
 
160 THE LAW OF SALVAGE. 
 
 Chap. IX Owners, and the salvors afterwards sued in the High 
 Court of Admiralty, and were awarded only £50 (§■), 
 and also where the Court pronounced a tender for 
 £282 sufficient. In that case the Court took into 
 consideration the small difference between the sum 
 tendered and the limits of the County Court jurisdic- 
 tion (£300) (r). 
 Leave to sue By the ninth section of the County Courts Ad- 
 raity Court, miralty Jurisdiction Act (s), power is reserved to the 
 Court of Admiralty to allow causes which might have 
 been brought in the County Court to be instituted in 
 that Court. The Court has, in the exercise of this 
 power, in several instances, given such leave to 
 institute causes where the amount claimed brought 
 the case within the jurisdiction of the County 
 Court. 
 
 It has allowed a suit for salvage to be so instituted 
 where the salving vessel had entered into an agree- 
 ment to tow the other vessel for a specific sum, and 
 claimed salvage on the ground, that after the making 
 of the contract the difiiculty of the enterprise in- 
 creased, so that she became entitled to salvage ; and 
 it was suggested that a question of law would arise 
 as to whether, under the circumstances of the case, 
 
 (q) The Alpha, Lush. 89. But see T!ie John, Lush. 11, 
 where the master, -mthout any mala fides, and after the salvors 
 had an opportunity of having the case adjudicated upon by the 
 local magistrates, took the vessel to London, the Court of Ad- 
 mii-alty refused to certify. See also The Minnehaha, where the 
 Privy Council, in awarding salvors £50, certified that the case 
 was a proper one to be tried in a superior court, Lush. 335^ — 354. 
 And see The Cherubim, Irish 19 L. T. N. S. 52 ; The Nicolai 
 Heinrich, 17 Jurist, 329. 
 
 (r) The Bkiman, 3 L. R. Ad. 15. See also as to certificate 
 for costs, The Toung James, Ibid. 1. 
 
 (s) 31 & 32 Vict. 0. 71, s. 9. See also sections 6, 7, & 8. 
 
PRACTICE OF THE COURT OF ADMIRALTY. 161 
 
 the towage contract was superseded by a right to chap. :x. 
 salvage [f). 
 
 Froceedings in a Salvage Suit. 
 Arrest of the Ees. 
 
 A suit in the Court of Admiralty may be either 
 in personam or in rem. Salvage suits are almost 
 invariably of the latter class. The cause is com- 
 menced by filing in the Registry of the Court a 
 praecipe to institute (m). This document is headed 
 with the name of the Court, and the number and 
 name of the cause. It states the nature of the 
 cause, the names, addresses, and descriptions of the 
 plaintiffs ; the name of the ship, or the descrip- 
 tion of the property proceeded against, and the 
 amount of the claim, which should be put at a sum 
 sufficient to cover the demand, and the probable 
 costs (^) of the suit (y). 
 
 The praecipe must also give an address for service 
 within three miles of the General Post-office {z). 
 
 The next step is to obtain the arrest of the property. Arrest of 
 
 „ , . ^ . „ ^ \ •' the pro- 
 
 For this purpose a pnecipe for a warrant, and an perty. 
 
 {t) The Bengal, L. K. 3 Ad. 14. 
 
 (■») See form, post. 
 
 (x) £300 is generally added to cover costs. 
 
 {y) Ad. Rules, 5, 6. The plaintiff should claim suiBcient, 
 as in the event of the vessel being released on bail, the Court 
 will not ordinarily direct the bail to be increased. He must, 
 however, be careful not to claim too much, as the Court looks 
 with disfavour upon exorbitant demands, and may withhold 
 costs, or even condemn the plaintiff in them, when the cause is 
 instituted for an eiccessive sum. See The Earl Ch-ey, 1 Spinks, 
 180 ; The Chieftain, 32 L. J. Ad. 106 ; and see The Victor, 
 Lush. 72 ; The Temiscouata, 2 Spinks, 208. See further as 
 to the practice of the Court, the works of Messrs. Williams 
 and Bruce, and Mr. Coote on the subject. 
 
 (z) Ad. Rules, 7. 
 
162 
 
 THE LAW OF SALVAGE. 
 
 Chap. IX. affidavit to lead the warrant, are prepared. The 
 praecipe contains particulars similar to those set forth 
 in the praecipe to institute, and prays that the warrant 
 to arrest may issue. The affidavit sets forth the names 
 and descriptions of the plaintiffs, the nature of the 
 claim, the name or nature of the property, and the 
 fact that the claim is unsatisfied. On these documents 
 being filed, the warrant issues, directed to, and must 
 be served by, the Marshal of the Court, or his 
 substitute (o). A prmcipe for service, describing 
 the property, stating where it is situated, and pray- 
 ing that it may be arrested (b), is then left at the 
 Marshal's office ; and the service, which must be made 
 within six months from the date of the warrant (c), is 
 effected in the case of a ship by affixing the original 
 warrant for a short time to the mainmast, and there 
 leaving the copy affixed in its stead. This arrest 
 extends not only to the ship, but to its appur- 
 tenances, and even sails and rigging taken ashore for 
 safe custody {d). If freight be proceeded against, the 
 cargo on board may be arrested as a security for what 
 is due («). If it be on board the ship it is arrested with 
 the ship. If warehoused a separate arrest is made (/). 
 
 (a) See Ad. Rules, 8 to 14. A detainer may be obtained to 
 detain property where it is likely to be removed out of the juris- 
 diction before the warrant can be served by the Marshal. It 
 does not continue in force after three days from date, or after 
 servicfe of warrant. It is, however, seldom resorted to, as the Mar- 
 shal generally proceeds with promptitude. See Ad. Rules, 15. 
 
 {&) See form, jtost. 
 
 (c) Ad. Rules, 166, 167, 168. 
 
 (d) The Alexander, 1 Dods. 278 ; The Dundee, 1 Hae" 
 109-124. 
 
 (e) The Leo, Lush. 444 ; The Lady Durham, 3 Hagg. 196- 
 200. 
 
 (/) As to the effect of arrest on those claiming to have pos- 
 sessory liens, see The Harmonie, 1 W. Rob. 179 ; The Nords- 
 
PRACTICE OF THE COURT OP ADMIRALTY. 163 
 
 Once the vessel is arrested it cannot be removed csap, ix, 
 vrithout the order of the Court (y), and any person 
 interfering with the arrest without this order may be 
 attached {h). The Marshal, on the warrant being 
 executed, endorses on it a certificate of the service. 
 This is forwarded to the plaintiffs solicitor, who must 
 file it in the Registry (i) within six days of the service, 
 accompanied by a minute stating the nature of the 
 document, and the date of filing it (^). 
 
 If the property be already under arrest, then. Proceedings 
 instead of a warrant, the plaintiff's solicitor obtains, already 
 in the same way as he would a warrant, a citation in arrest, 
 rem. This document, which contains particulars 
 nearly simUar to those in the warrant, and is served, 
 and the return filed, in the same way, directs the Mar- 
 shal to cite all persons claiming to be interested in 
 the property, to enter an appearance in the cause 
 within six days. The plaintiff's solicitor takes out at 
 the same time as the citation in rem a caveat against 
 the release of the property, and has it entered in the 
 caveat release book. The caveat release remains in 
 force for six months, and operates to prevent the 
 release of the vessel without notice to the party 
 entering it {T). 
 
 jemen, Swa. 260 ; The Flora, 1 Hagg. 298 ; The Bloomer, 11 
 L. T. N. S. 46 ; and the American cases, Taylor v. Carryl, 20 
 How. 583 ; Certain Logs of Mahogany, 2 Sumn. 589. 
 
 (g) Ad. Rules, 46. 
 
 (A) The Petrel, 3 Hagg. 299 ; The Lady Blessington, 34 
 L. J. Ad. 73 ; The Bare, 14 Jurist, 1123; The Westmoreland, 
 4 Notes of Cases, 173. 
 
 (i) Ad. Rules, 14. 
 
 (i) See Ad. Rules, 14, 172, 160. 
 
 (I) See Ad. Rules, 16, 17, 174. See for tbe practice where 
 the owner of the property wishes to enter a caveat against the 
 issue of a warrant of aiTest, Ad. Rules, 65, 56, 57, 58, 59, 60, 
 and 61, 174, 175, 176. 
 
 H 2 
 
164 
 
 THE LAW OF SALVAGE. 
 
 'V\'lio may 
 appear. 
 
 Time for 
 appearance. 
 
 Hon- 
 eiicered. 
 
 Appearance. 
 
 Any person having an interest in the property 
 proceeded against may appear and defend. Mort- 
 gagees {m) of a ship, assignees of a bankrupt 
 owner (m), underwriters who had accepted the aban- 
 donment of insured property (o), and seamen whose 
 wages might be . affected by the proceedings, have 
 been held entitled to appear {p). 
 
 Persons whose interest is merely collateral, how- 
 ever, and who have no interest iii the subject-matter 
 of the proceedings, are not allowed to intervene ( q). 
 
 The rules require that the appearance should be 
 entered within six days after service of the warrant ; 
 but the plaintiff cannot proceed to judgment for de- 
 fault of appearance until twelve days after the filing 
 of the warrant (r). Leave to appear, may, as a 
 general rule, be obtained at any stage of the proceed- 
 ings on motion or summons ; but the judge may 
 impose terms where the party applying has been 
 guilty of laches. 
 
 The appearance is entered by filing in the Registry 
 a prsecipe to enter an appearance, a copy of which 
 must have been previously served on the plaintiff's 
 solicitor. . The praecipe contains the title, number, 
 and name of the cause ; the name, address, and 
 
 (m) The Julindur, 1 Spinks, 71 . 
 
 (») The Dowthm-pe, 2 W. 'Rah. 73. See The St. Catherine, 
 S Hagg. 251, 
 
 (o) TheRegina del Mare, B. & L. 315 ; The Cargo ex Galam, 
 Ibid. 167. 
 
 (p) The Union, Lush. 128. 
 
 (q) The Killamey, Lush. 427 ; The Dowthorpe, uli supra. 
 As to the practice where there are several claimants, see The 
 Vlara, Swa. 1 ; The William Suit, Lush. 25. 
 
 (rj Ad. Rules, 38, 19. 
 
PRACTICE OF THE COURT OF ADMIRALTY. 165 
 
 description of the party appearing, and tlie capacity chip. ix. 
 in which he appears ; the name, address, and de- 
 scription of the plaintiff ; a description of the pro- 
 perty proceeded against, and an address for service 
 within three miles of the General Post-office (s). 
 
 Where the defendant intends to object to the Appemance 
 jurisdiction of the Court he appears under protest, protest. 
 This is done by inserting in the ordinary praecipe 
 for appearance the words "under protest" (i). The 
 defendant within twelve days afterwards files his 
 petition on protest, the pleadings then proceed as in 
 other cases (w), and the Court decides whether the 
 case is to go on or judgment be given for the de- 
 fendant on the petition on protest, which puts an end 
 to the cause. The more usual course, however, where 
 the objection can be raised on the plaintiff's petition, 
 is to move to reject it {x). 
 
 Where no appearance has been entered within Proceedings 
 twelve days from the filing of the warrant, or a of appear- 
 further period of six days from the advertisement of 
 notice of sale, the Court, upon being satisfied that 
 the claim of the plaintiff is well founded, will order 
 the property to be appraised and sold, and the pro- 
 ceeds to be paid into the Registry. 
 
 The plaintiff, to obtain the sale, files in the Re- 
 gistry a praecipe praying a notice of the sale. The 
 notice of sale, which is issued and signed by the 
 
 (s) See Ad. Kules, 35, 36, 37, 38. 
 
 {t) See Ad. Rules, 36. 
 
 (u) See Ad. Rules, 70. 
 
 (x) The Great Eastern, L. R. 1 Ad. 384 ; The Sylph, L. R. 
 2 Ad. 24. See on the same subject, The Alexander Larsen, 1 
 W. Rob. 288 ; The Bold Buccleuch, 7 Notes of Cases, 343; The 
 Eleonore, B. & L. 185; The Purmima Ooncepcion, 7 Notea of 
 Cases, 150. 
 
166 THE LAW OF SALVAGE. 
 
 Ohap. IX. Registrar, is advertised in two or more public jour- 
 nals selected by the judge, generally tbe "Times," 
 "Mercantile and Shipping Gazette," and a local 
 journal. Notice of motion to have the property sold 
 is then filed in the Registry, and the Court is moved 
 by counsel upon an aifidavit of the advertisements, 
 and of no appearance. The plaintiff must be pre- 
 pared with some proof of his claim, but the affi- 
 davit to lead the warrant will in most cases be found 
 sufficient for the purpose. 
 
 A commission of sale and appraisement which is 
 issued out of the Registry on the application of the 
 plaintiff's solicitor, is then handed to the Marshal of 
 the Court, who executes it and pays the proceeds into 
 Court. The plaintiff may, within six days after the 
 payment in, by filing a notice in the Registry, have 
 the cause put in the list for hearing, and within the 
 same time file his proofs, which in undefended 
 causes need not be printed. The cause will then 
 be heard on an early day, like a short cause in 
 Chancery, and the Court may give final judgment 
 and determine the rights of all parties interested (jn). 
 
 Melease on Bail. 
 
 Bail. The defendant may, should he desire not to have 
 
 the vessel detained until the termination of the suit, 
 put in bail, or pay money into Court in lieu of 
 bail. 
 
 Amount. The amount of bail depends upon the value of the 
 
 (2) See Ad. Kules, 19, 20, 21, 22, 23, 25, 103, 124, 126, 
 126. See also The Lady Bksdngton, 34 L. J. Ad. 73 ; The 
 AfinaTwn Linge, Swa. 514. See as to setting cause down as 
 undefended in cases where a caveat warrant has been entered. 
 Ad. Rules, 69,60. 
 
PEACTICE OF THE COURT OF ADMIEALTY. 167 
 
 property, not the extent of the claim; and however chap. ix. 
 large the amount claimed may he, the defendant is 
 entitled to the release of his vessel on giving hail to 
 the value. The plaintiff should see that hail is 
 taken to the proper amount, as after the release 
 of the vessel his only remedy is on the hail hond, 
 and his lien on the property is goiie (a). The value 
 for the purpose of hail is generally agreed upon ; the 
 defendant may, however, insist on having the pro- 
 perty appraised, and the appraisement is conclusive. 
 
 Upon a settlement of the case the hail may he Discbarge 
 discharged hy order made in Court on motion to 
 dismiss them from the suit. An allegation hy the 
 plaintiff filed in the Registry, however, to the effect 
 that he proceeds no further in the action, is in prac- 
 tice generally considered enough. 
 
 BaU may be taken in the Registry or hefore a Mode of 
 commissioner. The solicitor putting in bail files ^^'"° 
 in the Marshal's office a praecipe for notice of 
 baU, stating the amount, the name, address, and 
 description of the party on whose behalf bail is 
 put in; the names, addresses, and descriptions of 
 the sureties and of their referees. Generally two 
 sureties are required, and they must not he part- 
 ners (J). The solicitor will then receive from the 
 Marshal notice of bail, which must be served upon 
 the opposite solicitor. The Marshal inquires into 
 and reports on the sufficiency of the hail. The 
 
 (a) The Kalamazoo, 15 Jarist, 885. See also The Temiscouata, 
 2 Spinka, 208 ; Nostra Senora del Carmine, 1 Ibid. 303 ; T?ie 
 Hero, 13 W. R. 927; The Volant, 1 W. Rob. 383 ; The Helene, 
 35 L. J. Ad. 1 ; The Flora, L. R. 1 Ad. 45 ; and The Johannes, 
 L. J. Notes, 29th April, 1370. 
 
 (6) The Corner, 33 L. J. Ad. 16. 
 
THE LAW OP SALVAGE. 
 
 Execution 
 of bail 
 bond. ■ 
 
 Payment of 
 money into 
 Goiu*t. 
 
 Valuation 
 before re- 
 lease. 
 
 plaintiff's solicitor may object to the sufficiency. 
 If, however, the Marshal should report on the suffi- 
 ciency, and no objection be taken, the bail bond may 
 be executed after twenty-four hours from service of 
 notice of bail, or sooner by consent. 
 
 A prsecipe for the bail bond is filed at the Registry, 
 accompanied by the notice of bail with service en- 
 dorsed, and the report of the Marshal. The bond 
 is then prepared in the Registry, and at the time 
 appointed the parties attend there and execute it (c). 
 
 The bond may also be taken by a standing or 
 special commission (d). 
 
 The release of the property may be obtained by pay- 
 ing into Court the amount claimed in the suit. If 
 the cargo be arrested for freight, its release may be 
 obtained by filing an affidavit of the value of the 
 freight and paying in the sum, which is to be taken 
 at the amount left after deducting the stipulated 
 allowances, and the cost of paying in (e). 
 
 The defendant is entitled as soon as the value of 
 the property is ascertained, and the bail completed 
 or the money paid into Court, to have the vessel 
 released. In salvage cases the value must first be 
 agreed, and the agreement filed, or if the parties do 
 not agree an affidavit of value, made by some one 
 acquainted with the value, must be made and filed. 
 If the plaintiffs are dissatisfied with the affidavit of 
 
 (c) Ad. Kales, 39, 40, 41, 42, 43, 44, and 45 ; The Tamarac, 
 Lush. 28. 
 
 (d) See 
 
 («) See Ad. Eules, 48, 49, 127, and Tlie Victor, Laeh. 72 ; 
 The Leo, Ibid. 444 ; The North American, Ibid. 79 ; The Annie 
 Childs, Ibid. 509 ; The Edmond, Ibid. 211 ; The Norway, 
 B. & L. 377, 
 
PRACTICE OF THE COURT OF ADMIRALTY. 16S 
 
 value, they enter a caveat against the release, and the Chap. ix. 
 
 matter then comes before the Court, on motion to 
 overrule the caveat, and the Court will, if the jus- 
 tice of the case requires it, order an appraisement 
 to be made, and the vessel released on bail being 
 given to the appraised value (/). 
 
 If the plaintiffs object to the sufficiency of the Release. 
 sureties, the Court may either overrule the objection, 
 or order new sureties to be found. In the absence 
 of any objection to the security or value, the release 
 is obtained from the Registry on filing a praecipe for 
 release, which states the nature of the cause and 
 property, &c., and the bail given, and no caveat 
 against release entered. The release is then taken 
 to the Marshal, who releases the property on pay- 
 ment of his fees (j). 
 
 The delaying the release of a vessel on insuf- Delaying re- 
 ficient grounds may be punished by the Court 
 by the condemnation of the party in damages and 
 costs (A) . 
 
 Pleadinr/s. 
 
 Pleading in the Admiralty Court is by petition Petition and 
 and answer. The petition should be filed in the 
 Registry within twelve days after appearance, and the 
 answer twelve days after the petition. As a general 
 rule, the pleadings do not extend beyond replication. 
 Each party, however, is at liberty, within six days 
 after the filing of the answer, or any subsequent plead- 
 
 (/)SeeAd. Rules, 50. 
 
 {g) Ad. Eules, 52, and see The Towan, 8 Jurist, 220; The 
 Helen, li W. R. 502; The Ironsides, LusL 458 ; The Ewofa, 
 9 L. T. N. S. 781. 
 
 (h) The Corner, 33 L. J. Ad. 16. See Ad. Rules, 63, 54, 
 174, 175, 176. 
 
170 
 
 THE LAW OF SALVAGE. 
 
 Conclusion. 
 
 Time to 
 plead. 
 
 ing of his opponent, to file a further pleading in reply 
 to that of the other side. In pleading each party 
 should accurately set out the facts upon which 
 he alleges, divided into paragraphs called articles (i). 
 The Court will insist upon an adherence to the 
 rule of proceeding secundum allegata et probata, 
 and a party who fails to establish the case set 
 up in his pleading will not be allowed to take the 
 benefit of another state of facts, which may turn up 
 on the evidence (k). 
 
 The party who has the right to plead further may 
 file a conclusion to the pleading. In the event of 
 his failing to do so within the time allowed for the 
 next pleading, his opponent may file the conclusion. 
 After the conclusion has been filed and served, no 
 further pleading takes place in the cause without leave 
 of the judge (Z). 
 
 The time for pleading may be extended by the 
 judge to any period, and by the Registrar until the 
 next sitting of the judge in Chambers {m). 
 
 Each pleading must be signed by counsel and 
 
 (i) See Ad. Rules, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 
 76, 77. 
 
 (i) JVte Peerless, Lush. 103. See The Despatch, Ibid. 98; 
 The East Lothian, Ibid. 241 ; The Bothnia, Ibid, 52 ; The 
 George ArJele, Ibid. 222 ; Tlie North American, Swa. 358 ; 
 The Schwalbe, IMd. 621; The Haswell, B. & L. 2i7 ; The 
 Amalia, Ibid. 311; The Laurel, Ibid. 191 ; The Englamd, 
 5 Notes of Cases, 170 ; The Lady Anne, 7 Ibid. 364-370 ; 
 The Mary Anne, 4 Ibid. 376 ; The Awora, 1 W. Eob. 
 322 ; The Anne and Jane, 2 W. Eob. 98 ; The Hele, Ibid. 
 146; The Glasgow PacJcet, Ibid. 306; The Virgil, Ibid. 201- 
 20i; The Speed, Ibid. 225-227 ; The Ironmaster, 6 Jvnist, N. S. 
 782; The Clarence, 1 Spinks, 206; The Sylph, L. R 2 
 Ad. 24. 
 
 (I) See Ad. Rules, 74, 75. 
 
 (m) See Ad. Rules, 158. 
 
PRACTICE OF THE COURT OF ADMIRALTY. 171 
 
 solicitor, and a copy of it served on the opposite chap. ix. 
 party {n). 
 
 If a pleading fail to show a sufficient ground of objections 
 action or defence, or he insufficient in form, the "^^^ "^*' 
 course is to move the Court to reject it on notice 
 of motion (to be served four days before motion 
 day), specifying the objections (o). The notice of 
 motion, with a certificate of service, must he filed in 
 the Registry. The Court, on hearing the motion, 
 may hold the pleading to be sufficient, or reject it, 
 or order it to be amended, and grant time for filing 
 the amended pleading. i 
 
 The plaintiff's solicitor is, within tea days after Printed 
 the fiUng of the conclusion, to have the whole of the 
 pleadings printed, and printed copies deposited in 
 the Registry. On his failing to do so, the defen- 
 dant may move to have the cause dismissed vrith 
 costs (p). 
 
 Should the defendant desire to make a formal Tender in 
 
 . Court. 
 
 tender of the sum he considers sufhcient to sa- 
 tisfy the plaintiff's demand, he may obtain at the 
 Registry a receivable order authorising the payment 
 into the Bauk of England of the sum tendered. A 
 receipt is given by the Bank for the amount, and a 
 copy of the receipt, accompanied by a notice that 
 the money paid in is tendered in the action, should 
 be served on the plaintiff's solicitor, and the notice, 
 with a certificate of the service endorsed, is then to 
 be filed in the Registry (j). 
 
 In practice it is usual, before paying in the money, 
 
 (») See Ad. Eules, 71, 72. 
 
 (o) See Ad. Rules, 77. 
 
 (p) See Ad. Rules, 98. 
 
 (2) See Ad. Bales, 127, 128, 129, 130. 
 
172 THE LAW OF SALVAGE. 
 
 Chap. IX, to make a formal tender to the plaintiif, and serve 
 him with a written notice of the tender. If the 
 tender be accepted, the matter may be settled out of 
 Court (q). 
 
 Costs. The tender must either include an offer to pay- 
 
 costs up to the time or state that the tender relates 
 to the claim only, and specify the grounds upon 
 which costs are not tendered, referring that question 
 to the consideration of the Court (r) . 
 
 The tender is pleaded by the defendant, and the 
 plaintiff replies. He has a right, however, before 
 replying, to have the value of the property ascer- 
 tained. If the plaintiff accepts the tender, the 
 cause is at an end, and the money will be paid out, 
 on the conclusion of the suit (s) . If he refuses the 
 amount, the cause goes on, and the Court decides 
 upon the sufficiency of the amount; and if it holds 
 it to be sufficient, it may either condemn the plaintiff 
 in costs, or refuse him his costs (i). 
 
 (q) Williams and Bruce, Prae. 258, n. 
 
 (r) The Hicleman, L, IL 3 Ad, 15-19. In this case the 
 defendants tendered a specific amount, " together witli such 
 costs as may be due by law." The plaintiffs offered to take the 
 sum offered, if paid their costs up to the day of tender, but this 
 the defendants refused, insisting upon the sufficiency of the 
 tender. The cause was heard, and the Court held the amount 
 tendered to be sufficient. In dealing with the costs, the plaintiffs 
 were awarded theirs up to the date of tender, but having regard 
 to the uncertainty of the practice, each party was left to pay 
 his own costs of the subsequent proceedings. See also as to 
 costs in cases of tender, The John, Lush. 11 ; The Sovereign, 
 Ibid. 85 ; The Hope, 2 W. Eob. 9 ; The Mobile, Swa. 256 ; 
 The Cargo ex Honor, L. R. 1 Ad. 87 ; Tlie Frederick, 1 Hagg. 
 211; The Bleonora Charlotte, Ibid. 169; The Hedwig, 1 
 Spinka. 19. 
 
 (s) The Armie Childs, Lush. 509. 
 
 (<) The Vrouw Margaretha, i C. Eob. 103 ; The Clifton, 3 
 Hagg. 117-125; The William, 5 Notes of Cases, 108. 
 
PEACTICE OF THE COURT OF ADMIEALTY. 173 
 
 XT -7 Chap. IX, 
 
 iLviaence. 
 
 The evidence may be given by affidavit, deposi- 
 tion, or viva voce in Court, or partly by one mode, 
 partly by the other. The solicitors of the parties 
 may consent (by vrriting to be filed in the Registry), 
 as to the mode in which the evidence shall be 
 taken, or the judge, on the application of either at 
 Chambers, will direct the mode of proof (u). 
 
 If either party wishes the evidence to be viva, voce 
 the Court will generally so order it (x). 
 
 " There are no peculiar rules as to affidavits in the Affidavits. 
 Court of Admiralty. They may be sworn before 
 one of the registrars, an examiner, or a commissioner 
 to administer oaths in the Court of Admiralty, a 
 comm.issioner in Chancery, a justice of the peace, 
 and in Scotland, Ireland, or the Colonies before 
 the persons by whom affidavits are usually taken (y). 
 
 Witnesses may be orally examined before the Depositions. 
 Registrar, or an examiner of the Court, or a special 
 examiner. "When the examiner has given an appoint- 
 ment to proceed with the evidence, twenty-four hours' 
 notice of the time, place, names and addresses of 
 the witnesses, and name of the examiner should be 
 served on the adverse solicitor. 
 
 To obtain the appointment of a special examiner 
 an application must be made to the Court or the judge 
 at Chambers for a commission, which, on the order 
 being obtained, will be issued out of the Registry («). 
 
 (u) See Ad. Rules, 78, 79, 8] . 
 
 (x) See Fyler v. Fyhr, 2 Spinks, 69 ; The Swanland, Ibid. 
 107 ; The Resultatet, 17 Jurist, 353; The Glory, 3 W. Rob. 187. 
 
 {y) See 3 & 4 Vict. c. 65, ss. 7 to 12 ; and see Ad. Rules, 83, 
 84, 8.5, and 86. 
 
 (z) See Ad. Rules, 87, 88, 89, 90, 91, 92, 93, 94, 95. 
 
174 THE LAW OF SALVAGE. 
 
 Chap. IX. The attendance of witnesses may be enforced by 
 subpcEna to be issued out of the Registry (o). 
 
 The evidence may be taken down by a sworn 
 shorthand writer of the Court, who will be ap- 
 pointed by the judge on the application of either 
 party, and at the expense, in the first instance, of 
 the person applying (6) . 
 
 On an objection being taken to any question, the 
 question and answer are taken down separately, and 
 a note of the objection made. 
 
 Depositions By the 17 & 18 Vict. C. 104, sect. 449, it is pro- 
 taken before ^ *' ^ ^ ... 
 
 Receiver of vided that any examination taken in writing by the 
 Receiver of Wreck, or by a justice, or a certified copy, 
 should be admitted " in evidence in any court of 
 justice, or before any person having by law, or by 
 consent of parties, authority to hear, receive, and 
 examine evidence, as prima facie proof of all matters 
 contained in such written examination." Notwith- 
 standing the wide terms used by the Legislature in 
 this section, these depositions have been rejected as 
 evidence in the Court of Admiralty, and in the 
 courts of Common Law (c). In The Little Lizzie {d). 
 Sir Robert Phillimore expressed it as his opinion 
 that it could not have been intended by the Legis- 
 lature that the plaintiffs in a salvage suit should 
 have an opportunity of making use of statements 
 made by witnesses whom the defendants have not 
 had the opportunity of cross-examining. 
 
 ruing Either party may apply to the judge to fix a time 
 
 (o) See Ad. Rules, 173. 
 (i) See Ad. Kules, 94. 
 
 (c) Northard v. Pipet; 17 C. B. (N. S.) 39 ; M'Allum v. 
 Reid, 1. B. 3 Ad. 57, n. 3 ; The Little Lizzie, L. B. 3 Ail. 66. 
 
 (d) Ubi supra. 
 
PRACTICE OF THE COURT OF ADMIRALTY. 175 
 
 for filing proofs, and the proofs of each side must be chap, ix. 
 filed within that time (e). 
 
 In contested causes, unless the iudee should Printing 
 
 *' _ evidence. 
 
 order the contrary, all the written evidence must 
 be printed. Each solicitor is to lodge in the Re- 
 gistry printed copies of his evidence within six days 
 of the day for filing, when it consists of affidavits, 
 and within twelve days when it consists of affidavits 
 and depositions, or depositions alone. One hundred 
 and fifty copies are printed; seventy of which are 
 to be deposited in the Registry, and forty handed 
 to the opposite sohcitor. 
 
 The Hearing. 
 
 The cause may be placed on the list for hearing 
 after the time for depositing printed proofs has 
 expired, or after the cause has been directed to be 
 heard wholly on oral evidence [f). 
 
 The cause will be heard by the iudge alone, or Trinity 
 
 Masters. 
 
 assisted by Trinity Masters. The order for the 
 attendance of Trinity IMasters is to be obtained on 
 motion, and vrill be granted, if both parties concur 
 in asking it, as a matter of course ; and where only 
 one applies, if the Court, in its discretion, should see 
 fit to direct it [g). 
 
 A view by the Trinity Masters may he directed by view. 
 the Court on the apphcation of either party (^). 
 
 At the hearing there are no opening statements 
 made, the Court at once proceeds to the evidence, 
 
 (e) See Ad. Rules, 80. 
 
 (/) See Ad. Rules, 103, 104, 105, 106. 
 
 (g) The Bowlhandel, 1 Spinks, 25-27; The Princess Alice, 
 3W. Kob. 138, 139; The James Dixm, 2 L.T.N. S. 696 ; The 
 Vargas, 15 Jurist, 710. 
 
 (A) Ad. Court Act, 1861, 3. 18. 
 
176 
 
 THE LAW OF SALVAGE. 
 
 Cross-sx- 
 amination 
 by rival 
 
 Sale by 
 Receiver. 
 
 Chap. IX. which, when viva voce, is taken in the same manner 
 as at Nisi Prius. The witnesses are kept out of 
 Court until called for examination. When the evi- 
 dence is vivd voce only one counsel addresses the 
 Court ; hut when on deposition two on each side are 
 heard. 
 
 Where there are two sets of salvors claiming 
 salvage against the same property, and the suits are 
 heard at the same time, the Court will allow the 
 counsel for one set of salvors to cross-examine the 
 witnesses of the other (i). 
 
 Enforc ng Payment of Salange. 
 
 If the vessel proceeded against for salvage he 
 under arrest or detained by the Receiver of Wreck, 
 the salvor's claim may be enforced by a sale of the 
 property under the authority of the Receiver, or the 
 decree of the Court of Admiralty. 
 
 Where the vessel is detained by the Receiver for 
 non-payment of the sum due to the salvors, and the 
 parties liable to pay are aware of the detention, 
 then — ■ 
 
 (1.) If the amount be undisputed and payment 
 not made within twenty days after it has become 
 due ; or, 
 
 (2.) If the amount he disputed, but no appeal lies 
 from the first tribunal to which the dispute is referred, 
 and payment thereof be not made within twenty days 
 after the decision of such first tribunal ; or, 
 
 (3.) If, in the latter case, an appeal lies from the 
 decision of the first tribunal, and payment is not 
 made, or appeal proceedings instituted, within such 
 
 (i) The Philadelphia, B. & L. 28. 
 
PBACTICE OF THE COUET OF ADMIEALTT. 177 
 
 twenty days, the Receiver may forthwith sell the chap. ix. 
 property, or a sufficient part thereof, and out of the ^ 
 
 proceeds of the sale, after payment of all expenses 
 thereof, defray all sums of money due in respect of 
 expenses, fees, and salvage, paying the surplus, if 
 any, to the owners of the property sold, or other the 
 parties entitled to receive the same (Ji). 
 
 If, however, the property detained be under the 
 value of £5, or of so perishable a nature, or so much 
 damaged, that it cannot, in the Receiver's opinion, 
 be advantageously kept, or if the value is not suifi- 
 cient to defray the expense of warehousing, he may 
 sell it without waiting for the expiration of the 
 twenty days, retaining the proceeds for the same 
 purposes and subject to the same claims as the 
 property itself (J). 
 
 "When the Court of Admiralty decrees a sale. Sale by 
 which it has the undoubted power to do, in salvage 
 and other cases, if the demand of the successful 
 suitor be not satisfied (Jc), it directs a commission of 
 sale to issue directed to the Marshal of the Court, 
 who, as soon as the sale is effected, pays the gross 
 proceeds into the Registry (V). 
 
 As soon as the monies are paid in an applica- 
 tion may be made at Chambers for payment of the 
 amount decreed due to the plaintiff. On the order 
 
 (h) 17 & 18 Vict. c. 101, B. 469. 
 
 ((■) 17 & 18 Viet. c. 104, ». 453. By the New Code it is pro- 
 posed to remove the above restrictions of the 389th section, and 
 to empower the Receiver to sell, if, in his opinion, it is for the 
 interest of all parties that he should do so, and to sell for pay- 
 ment of salvage after the expiration of twenty days' notice to tho 
 owner of the wreck. 
 
 (A) The Trenwia, 1 W. Hob. 163. 
 
 {J.) See Ad. Kales, 124, 125, and 126. 
 
178 THE LAW OF SALVAGE. 
 
 Chap. IX. being made it is filed in the Registry, accompanied, 
 if the party is unable to attend, by a power of 
 attorney appointing some person to receive the 
 amount. When the amount is under £50 or £60 
 the Court may order it to be paid to the solicitor 
 without any power of attorney. A cheque is handed 
 to the person receiving the payment, and a receipt 
 for the amount is signed in the presence of the Regis- 
 trar, and, as a general rule, attested by the solicitor 
 of the payee (m). 
 Enforcing If the property has been released on bail the 
 
 judgment ■ n -I 1 • ■ /-> T- 
 
 against bail, judgment IS enforced by monition. On application 
 
 by the plaintiff the Court will order the defendant 
 and his sureties to pay the money by a day named, 
 and in default a monition may be applied for forth- 
 with. The monition commands the defendant and 
 his sureties to pay the amount within a certain time 
 after service. It is to be personally served, and if 
 disobeyed an attachment is issued. 
 
 If there has been no arrest or bail put in, pay- 
 ment is enforced against the defendant by monition 
 in the same way. 
 
 THE JURISDICTION AND PfiACTICE OF THE 
 COUNTY COURT. 
 
 County Courts having Admiralty jurisdiction may 
 entertain salvage suits where the value of the pro- 
 perty saved does not exceed £1000, or where the 
 amount claimed does not exceed £300, and in cases 
 where the value or claim exceeds these amounts. 
 
 (m) See Willianis & Bvuee, Practice, p. 225. See also Ad. 
 Rules, 127, 128, 129, 130. 
 
JUEISDICTION AND PRACTICE OP COUNTY COURT. 179 
 
 and the parties by memorandum agree that the chap. ix. 
 Court shall have jurisdiction («). 
 
 Commencement of Suit (o). 
 With respect to the Court in which the suit is to be Couit out 
 
 1 1 • - • 1 n 1 °^ which 
 
 brought, it IS provided by the 2 1 st section of the Countv process is 
 
 _^ ^ to issue. 
 
 Courts Admiralty Jurisdiction Act(p), that proceed- 
 ings in an Admiralty cause shall be commenced — 
 
 (1.) In the County Court, having Admiralty juris- 
 diction, within the district of which the 
 vessel or property to which the cause re- 
 lates is at the commencement of the pro- 
 ceedings : 
 
 (2.) If the foregoing rule be not applicable, then 
 in the County Court having Admiralty 
 jurisdiction in the district of which the 
 owner of the vessel or property to which 
 the cause relates, or his agent in ^England, 
 resides; or if such owner or agent does 
 not reside within any such district, then in 
 the County Court, having Admiralty juris- 
 diction, the district whereof is nearest to 
 the place where such owner or agent resides : 
 
 (3.) If, for any reason, the last foregoing rule is 
 
 (h) 31 & 32 Vict. 0. 71, s. 3. The Merchant Shipping Act, 
 1862 (25 & 26 Vict. c. 63, s. 49), conferred upon every County 
 Coart Judge the same jurisdiction iu salvage cases as it gave 
 to two Justices. By the Admiralty C. C. Act (31 & 32 Vict, 
 c. 71, B. 5), however, it is provided that no County Court except 
 those appointed by Order in Council, shall have jurisdiction in 
 Admiralty causes. 
 
 (o) By the 77th general rule it is provided that the rules, 
 orders, practice, and forms in actions in the County Couits shall, 
 subject to the orders as to Admiralty causes, be adopted with 
 reference to Admiralty suits so far as they are respectivtiy 
 applicable. 
 
 (p) 31 & 32 Vict. c. 71. 
 
 N 2 
 
180 THE LAW OF SALVAGE. 
 
 Chap. IX. uot applicable, or cannot be acted on, then 
 
 in such County Court, having Admiralty 
 jurisdiction, as General Orders direct : 
 (4.) In any case in the County Court, or one of 
 the County Courts, having Admiralty juris- 
 diction, which the parties by a memo- 
 randum, signed by them or hy their 
 attorneys or agents, agree, shall have 
 jurisdiction in the cause (q). 
 
 Prmcvpe to Institute. 
 
 The suit is commenced by the attorney of the 
 plaintiff filing in the Registrar's office a prsecipe, 
 and, thereupon, an entry of the institution of the suit 
 is made in a book kept by the Registrar, called 
 "The Admiralty Suits Book " (r). 
 
 The praecipe states the nature of the suit, the 
 name, address, and description of the party in whose 
 behalf it is instituted, the name of the attorney, and 
 an address within three miles of the Court-house, 
 where all instruments and documents in the suit 
 required to be served upon him are to be left. It 
 also states the name of the owner, or ovraers, or 
 other person, against whom the suit is instituted, 
 if known, and if not known, then that the suit 
 is instituted against the owner, or owners, unknown, 
 of the vessel or other property to which the suit 
 relates (s). Any number of salvors may join as plain- 
 tiffs {t). 
 
 {q) For lists of County Courts having Admiralty jurisdiction, 
 see Appendix, post, 
 
 (r) lieueial Orders, No. 4. See form of prjeoipe, 6, post. 
 (s) General Orders, No. 5. 
 (J) General Orders, No. 6. 
 
PRACTICE OF THE COUNTY COURT. 181 
 
 Chap. IX. 
 
 summons. 
 
 Summons. 
 
 Upon the filing of the praecipe the Registrar 
 issues a summons for service, which may, at the 
 option of the plaintiff's attorney, he served either by 
 him, or hy the BaiHff of the Court {u). 
 
 Where the vessel, or property, to which the suit SerWoe of 
 relates is within the district, the summons may be 
 served by delivering it to the person who is, at the 
 time of service, apparently in charge of the vessel, or 
 property ; or, if there is no person in charge, by 
 affixing it on some conspicuous part thereof; and 
 in other cases the summons must be served per- 
 sonally upon the defendant, unless the Judge, or in 
 his absence, the Registrar, should, upon facts duly 
 verified upon affidavit, allow of substituted ser- 
 vice («). 
 
 Appearance. 
 
 An appearance is entered by the attorney for the How 
 defendant filing a praecipe, and thereupon an entry 
 of his appearance is made in the Admiralty Suits 
 Book. 
 
 The praecipe states the name, address, and de- 
 scription of the party on whose behalf the appearance 
 is entered, the name of the attorney, and an address 
 within three miles of the Court-house, at which all 
 instruments and documents in the suit required to 
 be served upon him may be left {x). 
 
 In the case of an arrest of any vessel, or property, Appearanco 
 
 •^ on arrest, 
 
 («) Gensral Orders, No. 8. 
 (») General Orders, No. 9. 
 
 (a:) General Orders, Nos. 10 and 11. For form of prsecipe 
 for appearance, see post. 
 
182 THE LAW OF SALVAGE. 
 
 Chap. IX. aa appearance may be entered, the same as upon the 
 service of the summons (y). 
 
 Tender and Payment into Court. 
 
 Notice to Where the defendant desires to pay money into 
 
 attorney." Court, his attorney gives a notice to the adverse 
 
 attorney of the terms and amount of the tender, and 
 
 pays the amount into Court, and within forty-eight 
 
 hours from the payment, the adverse attorney files 
 
 Notice of a notice stating whether he accepts or rejects the 
 
 acceptance 
 
 of tender, tender; should he fail to do so he is to be deemed 
 to have rejected it (z). 
 
 Payment out of Court. 
 Power of Money ordered to be paid out of Court may be 
 
 attorney • t i 
 
 unnecessary paid to the attorney of the party without the pro- 
 order, duction of a power of attorney from the party en- 
 titled to receive the money, unless the judge should 
 othervdse order {a). 
 
 Arrest of Vessel. 
 
 With respect to the arrest of a vessel, or property, 
 
 the subject of proceedings in the County Court, it is 
 
 provided by the 22nd section of the County Courts 
 
 Admiralty Jurisdiction Act, — 
 
 On affidavit That "if evidence be given to the satisfaction of 
 
 about to^be the judge, or, in his absence, the Registrar of the 
 
 removed. Court, that it is probable that the vessel, or property, 
 
 to which the cause relates, will be removed out of 
 
 the jurisdiction of the Court before the plaintiff's 
 
 [y) General Orders, No. 13. 
 
 (z) General Orders, Nos. 50 and 51. See form of prsoipe on 
 payment into Court. 
 
 (ffl) General Orders, No. 52. 
 
PKACTICE OF THE COUNTY COURT. ] 83 
 
 claim is satisfied, it shall be lawful for the said Chap. ix. 
 judge, or, in his absence, for the Registrar, to issue a 
 warrant for the arrest and detention of the said 
 vessel, or property, unless or until bail to the amount 
 of the claim made in such cause, and to the reason- 
 able costs of the plaintiff in such cause, be entered 
 into and perfected, according to General Orders, by 
 or on behalf of the owner of the vessel, or property, 
 or his agent, or other the defendant in such cause ; 
 and, except as in this section expressly provided, there 
 shall be no arrest or detention of a vessel, or pro- 
 perty, in an Admiralty cause in a County Court 
 otherwise than in execution " (J) . 
 
 Where, after the institution of a suit, it is desired Affidavit ot 
 
 grounds. 
 
 to arrest any vessel, or property, the attorney apply- 
 ing must file an affidavit, stating the facts which 
 render it probable that it will be removed out of the 
 jurisdiction of the Court (c). 
 
 Warrant of Arrest. 
 On the filing of such affidavit, the Registrar, in 
 the absence of the judge, may require further evi- 
 dence to be adduced, or, if satisfied with the evi- 
 dence, he may issue a warrant for the arrest and 
 detention of the vessel or property, which may be 
 executed on Sunday, Good Friday, or Christmas 
 Day, as well as on any other day (d). 
 
 Release of Arrested Property. 
 The security, upon the giving of which the release Security. 
 of the arrested vessel, or property, is ordered (e), 
 
 (I) 31 & 32 Vict. a. 71, s. 22. 
 
 (c) General Orders, No. 15. 
 
 \d) General Orders, Nos. 17 and 18. 
 
 (e) General Orders, No. 19. As to the mode of giving security 
 
184 
 
 THE LAW OF SALVAGE. 
 
 suit for sal- 
 vage. 
 
 Chap. IX. may be given either by bond or deposit of money, as 
 in any ordinary action in a County Court (f). 
 
 Upon the amount sued for being paid into Court, 
 or the security completed, the Registrar deUvers to 
 the attorney an order directed to the High Baihff of 
 the Court, authorisingand directing him, upon payment 
 of all costs, charges, and expenses attending the cus- 
 tody of the property, to release it forthwith {g). 
 
 Appraise- But in Salvage cases the property is not to be 
 
 ment to be , , ., ." , , , ^ •' . , . , 
 
 made before released Until Its value has been ascertained, either 
 
 release in , «. , . , 
 
 by athdavit, by agreement, or by appraisement, save 
 by consent of the plaintiff, or his attorney Qi). 
 
 The Registrar may, on the application of either 
 attorney, and whether before or after judgment, 
 order any property under arrest to be appraised (i). 
 
 Transfer of Causes. 
 
 With respect to the transfer of causes from the 
 County Court to the High Court of Admiralty, it is 
 provided by the County Courts Admiralty Juris- 
 diction Act, that the High Court of Admiralty, on 
 the motion of any party to an Admiralty cause 
 pending in a County Court may, if it shall think fit, 
 with previous notice to the other party, transfer the 
 cause to the High Court of Admiralty, and may order 
 security for costs, or impose such other terms as to the 
 Transfer Court may seem fit (/) ; and it is also provided, that • 
 
 in ordinary County Court actions, see Sbortt & Jones' County 
 Courts Act and Orders, pp. 133, 167, and 193. 
 
 .(/) See forms of Notice of Sureties, Affidayit of Justification, 
 and Bail Bond, post. 
 
 (g) General Orders, No. 20. 
 
 (/t) General Orders, No. 21. 
 
 (i) General Orders, No. 54. 
 
 (i) 31 & 32 Vict. 0. 71, B. 6. 
 
 Transfer by 
 Admiralty 
 Court on 
 motion hy 
 either 
 party. 
 
PEACTICE OF THE COUNTY COUET. 185 
 
 if, during the progress of an Admiralty cause in a chap, is.. 
 County Court, it appears to the Court that the where sum 
 subject-matter exceeds the hmit in respect of amount "i ceeds'*^ 
 of the Admiralty jurisdiction of the Court, the court'juris- 
 yalidity of any order or decree, theretofore made by "1"=''™- 
 the Court, shall not be thereby affected ; but (unless 
 the parties agree by a memorandum signed by them, 
 or by their attornies or agents, that the Court shall 
 retain jurisdiction) the Court shall by order transfer 
 the cause to the High Court of Admiralty, but that 
 Court may, nevertheless, if the judge of that Court 
 in any case thinks fit, order that the cause shall 
 be prosecuted in the County Court in which it 
 was commenced, and it shall be prosecuted accord- 
 ingly (k). 
 
 It is also provided that if, during the progress of Transfer to 
 an Admiralty cause, it should appear to the Court county 
 that the cause could be more conveniently prosecuted court of 
 in some other County Court, or in the High Court of "^^ ^'' 
 Admiralty, the Court may by order transfer it to 
 such other County Court, or to the High Court of 
 Admiralty {t). 
 
 Any person claiming to have an interest in the Transfer at 
 
 -1111/^ instance of 
 
 vessel or property, whether cognizable by the Court party inter- 
 
 n t p 1 • 1 vening, 
 
 or not, may mtervene tor the purpose oi havmg the 
 cause transferred to the High Court of Admiralty (m). 
 
 Unon an order being made for the transfer of a Proceedings 
 
 ^ ° forwarded. 
 
 cause, either to the High Court of Admiralty or to 
 any County Court, the Registrar of the Court in 
 which the cause was commenced, upon being served 
 
 (i) 31 & 32 Vict. c. 71, s. 7. 
 (Z) 31 &.32 Vict. c. 71, 8. 8. 
 (m) Ueneral Orders, No. 12. 
 
186 THE LAW OF SALVAGE. 
 
 Chap. IX, with the order of transfer, sends the proceedings by 
 post to the Registrar of the Court to which the 
 cause has been transferred {n). 
 
 Evidence. 
 
 County The County Court Registrar is empowered to ad- 
 
 gistrarem- minister oaths in Admiralty causes in the County 
 
 admiSoter Court, and any person taking a false oath before him 
 
 ™* ^' is to be deemed guilty of perjury (o). 
 
 County The County Court Registrar, for the purpose of 
 
 Court Ke- ..„ . .,.,,.. 
 
 gistrar to the examination oi any witnesses within the district 
 
 of "ex- , of that Court, is also invested with all the powers and 
 
 authorities of an Examiner of the High Court of 
 
 Admiralty, and evidence taken before him in that 
 
 capacity is admissible as evidence in the High Court 
 
 Bvidenoe of Admiralty. It is also provided that evidence taken 
 
 taken in . t . ^ i^ i-r»" p 
 
 one County m any Admiralty cause before the Registrar oi a 
 received in County Court, or the Judge of a County Court, as 
 County General Orders shall direct, shall be received as 
 evidence in any other County Court, but in each case 
 saving all just exceptions {j)). 
 Subpoena to On the application of either attorney, the Registrar 
 and"aUow' issues summonses for witnesses to be served by the 
 attorney, or if so required, by the bailiff of the 
 Court (q). 
 
 The allowance to be made to witnesses for attend- 
 ance, either before the Court or Registrar, is in no 
 case to exceed the highest rate of the allowances 
 mentioned in the scale, unless the Court shall by 
 
 ance. 
 
 (») General Orders, Nos. 34 and 35. 
 (o) 31 & 32 Vict. c. 71, s. 19. 
 (p) 31 & 32 Vict. 0. 71, s. 20. 
 (q) General Orders, No. 22. 
 
PRACTICE OF THE COUNTY COURT. 187 
 
 special Order otherwise direct. But seamen neces- chap. ix. 
 sarily detained on shore for the purpose of the suit. Extent of 
 are to he allowed such remuneration as the Court tj™™°'^''" 
 may think reasonable compensation for their loss of seamen. 
 time(j). 
 
 At the request of either attorney, and at his cost Shorthand 
 
 . , . notes. 
 
 in the first instance, or by order of the judge, at the 
 cost in the first instance of the plaintiff, the evidence 
 of witnesses examined in Court may be taken down 
 by a shorthand writer or reporter appointed by the 
 Court, and sworn in each case faithfully to report 
 the evidence ; and a transcript of the writer's or re- 
 porter's notes, certified by him to be correct, is to be 
 admitted to prove the evidence of the witnesses (r). 
 
 Regulations as to Affidavits. 
 Every affidavit is to be divided into short paragraphs, To be in 
 
 •^ . . ± o i gj.g(. person, 
 
 numbered consecutively, and be in the first person, and divided 
 
 11 '"'° para- 
 
 It should state the deponent s age, name, address, graphs. 
 
 and description, and what facts or circumstances fgf™™*'' 
 
 deposed to are within his knowledge. scription. 
 
 The names of all the persons making any afiidavit. Jurat, 
 
 (q) Gfeueral Orders, Nos. 22, 23, and 24. The following 
 the scale of allowances to witnesses : — 
 
 Gentlemen, merchants, bankers, and professional men, 
 
 per diem, 10s. to £1 C 
 
 Tradesmen, auctioneers, 
 clerks, and yeomen 
 
 Artisans and jonruerymen, 
 
 Labourers and the like, 
 
 Females, according to station in 
 
 life „ 2s. „ 10 
 
 Travelling expenses sum reasonably paid, but not more than 
 6d. per mile oneway. 
 
 If the witnesses attend in more than one suit, they will be 
 entitled to a proportionate part in each suit only. 
 
 ()■) General Orders, No. 32. 
 
 accountants, 
 
 
 
 
 per diem, 
 
 6s. „ 
 
 10 
 
 
 
 J) 
 
 3s. „ 
 
 5 
 
 
 
 
 2s. „ 
 
 3 
 
 
 
188 
 
 THE LAW OF SALVAGE. 
 
 Chap. IX. 
 
 Conse- 
 quences of 
 affidavit 
 not comply- 
 ing with 
 above rules. 
 
 Erasures or 
 Illegibility. 
 
 When de- 
 ponent 
 blind or 
 illiterate. 
 
 Where 
 sworn 
 
 before party 
 or attorney, 
 &c. 
 
 No plead- 
 ings. 
 
 Place of 
 hearing. 
 
 and the dates when, and the places where, it is sworn, 
 are to he inserted in the jurat. 
 
 Affidavits not in conformity with the preceding 
 regulations may he rejected hy the Court, or the 
 costs of them may he disallowed on taxation. 
 
 An affidavit in which there is any knife erasure, or 
 which is hlotted so as to obliterate any word, or which 
 is illegihly written, or so altered as to cause it to he 
 illegible, or in which there is any interlineation not 
 duly authenticated by the person before whom it was 
 sworn, may he rejected by the Court, or the Court 
 may direct that the costs of it should he disallowed 
 on taxation. 
 
 Where an affidavit is made by any person who is 
 blind, or who from his signature or otherwise appears 
 to be illiterate, the person before whom the affidavit 
 is sworn, is to state in the jurat that the affidavit was 
 read over to the deponent, and that the deponent 
 appeared to understand it, and made his mark or 
 wrote his signature in the presence of the person 
 before whom it is sworn. 
 
 The reception of any affidavit as evidence may he 
 objected to, if the affidavit has been sworn before the 
 party on whose behalf it is offered, or before his 
 attorney or agent, or before a partner or clerk of 
 such attorney (s). 
 
 Hearing. 
 
 There are no pleadings in Admiralty causes in the 
 County Courts, and the only case in which notice of de- 
 fence is necessary, is in a suit for damage by collision. 
 
 The cause is heard at the place where the Court 
 
 (s) General Orders, 25 to 31. 
 
PKACTICE OF THE COUNTY COURT. 189 
 
 usually sits, but, by special permission of the judge, Chap. ix. 
 it may be heard, or part heard, at any place within 
 the district of the Court (J). 
 
 Where application is made to the judge for the Time of 
 hearing, or part hearing, of a suit at a place in which 
 a County Court does not sit, the attorney files a 
 praecipe, undertaking to provide at his expense a 
 place, to the satisfaction of the judge, in which the 
 suit may be heard (m). 
 
 It is provided by the 13th section of the County 
 Courts Admiralty Jurisdiction Act, that the Judge 
 of every County Court having Admiralty jurisdiction, 
 shall hear and determine Admiralty causes at the 
 usual Courts held within his jurisdiction, or at special 
 Courts to be held by him, and which he is thereby 
 required to hold as soon as maybe after he shall 
 have had notice of an Admiralty cause having arisen 
 within the jurisdiction of his Court (a;). 
 
 The General Orders provide that Admiralty causes 
 are to be heard on the days appointed for the trans- 
 action of the ordinary general business of the County 
 Court, or on such other days as the judge may from 
 time to time appoint for the hearing of a suit, where, 
 from the detention of a vessel or otherwise, a prompt 
 determination of the suit is desirable (^). 
 
 The Registrar, upon application, gives to each Notice of 
 attorney in the suit, where an appearance has been ^^"^^' 
 entered, and where no appearance has been entered, 
 then to the plaintiff or his attorney, a notice under 
 
 {t) General Orders, No. 1. 
 
 (m) General Orders, No. 2. See form of praecipe, post. 
 
 {x) 31 & 32 Vict. c. 71, s. 13. 
 
 (y) General Orders, No. 3. 
 
190 
 
 THE LAW OF SALVAGE. 
 
 Chap. IX. 
 
 Appoint- 
 ment of 
 assessors. 
 
 the seal of the Court, stating the da;y upon which the 
 suit has been directed by the Judge to be heard («). 
 Causes to In causes of salvage, and certain other causes, the 
 
 with the County Court judge may, at his own discretion, or at 
 nautical the request of either party to the cause, be assisted 
 by two nautical assessors (whom he is empowered to 
 summon to attend and assist), in the same way as the 
 judge of the High Court of Admiralty is assisted (a). 
 The Registrar of each County Court having Ad- 
 miralty jurisdiction, is required from time to time to 
 frame a list of persons of nautical skill and experience, 
 residing or having places of business within the dis- 
 trict of the County Court, to act as assessors in that 
 Court. This list the County Court judge is to lay 
 before the judge of the High Court of Admiralty, 
 without whose approval it has no validity, and it is 
 then to be published in The London Gazette (i). 
 
 Every assessor named in the Hst holds his office 
 until a new list shall have been framed and approved, 
 or until he resign his appointment (c). For wilful non- 
 attendance, he is liable to a penalty not exceeding £b. 
 When the attorney for any of the parties requires 
 the judge to be assisted by two nautical assessors, 
 he pays to the Registrar, at the time of filing the prae- 
 cipe, the sum of two guineas, if the amount claimed 
 does not exceed £100, and four guineas if it exceeds 
 that amount, and these payments are considered as 
 costs in the suit, unless otherwise ordered by the 
 judge {d). 
 
 Mode of 
 uummuning 
 
 assessors. 
 Deposit of 
 fees. 
 
 (g) General Orders, No. 14. 
 
 (a) 31 & 32 Vict. c. 71, ss. 10 and 11. 
 
 (6) 31 & 32 Vict- c. 71, ». 14. 
 
 (c) 31 & 32 Vict. c. 71, ss. 15, 16. 
 
 {d) General Orders, No. 69. 
 
PEACTICE OF THE COTJKTY COURT. 191 
 
 Where the judge requires the assistance of two chap. ix. 
 nautical assessors, the fees must he paid by the 
 plaintiif, or his attorney, before the hearing, and 
 are costs in the suit, unless otherwise ordered by 
 the judge (e). 
 
 Upon the filing of the praecipe, or upon the order summons 
 of the judge, the Registrar selects from the Hst of 
 assessors the names of two persons whom he may, 
 having reference to the nature of the suit to be heard, 
 consider can most effectually assist the judge in 
 hearing and determining it, and sends to each, by post, 
 a summons, requiring his attendance (_/") ; and he Payment of 
 pays to each assessor, for each day's attendance, one fees. 
 guinea, or two guineas, according as the amount 
 claimed in the suit does, or does not, exceed £100 {g). 
 
 When a suit is adjourned, the plaintiff must pay 
 the assessors' fees for the day of adjournment forth- 
 with after the order of adjournment is made by the 
 Court Qi). 
 
 Enforcement of Decrees. 
 
 With reference to the enforcement of decrees, it 
 has been provided that " the decree of the County 
 Court in an Admiralty cause shall be enforced against 
 the person or persons summoned as the defendant or 
 defendants, in the same manner as the decrees of the 
 said Court are enforced in ordinary civil cases, save 
 and except, or in this Act otherwise provided" (i). 
 
 (e) General Orders, No. 70. 
 
 (/) General Orders, No. 72. 
 
 (jr) General Orders, No. 73. 
 
 (A) General Orders, No, 71. 
 
 if) 31 & 32 Vict. c. 71, s. 12. Bvery final decree or order is 
 within seven days from its date to be sent for registration to the 
 Kegistrar of County Courts judgments. 
 
192 
 
 THE LAW OF SALVAGE. 
 
 Chap. IX. 
 
 Wan-ant 
 
 agaiust 
 
 goods. 
 
 If defendant 
 unknown, 
 vessel to be 
 arrested. 
 
 ale by 
 Jounty 
 Court. 
 
 Where un- 
 known de- 
 fendant 
 disclosed. 
 
 To obtain the committal or warrant of execution 
 against the goods of a party who has neglected to 
 obey the order of the Court for payment of a sum of 
 money, a prsecipe for a summons for commitment, or 
 for a warrant of execution against the goods, has to 
 be filed, and thereupon the summons or warrant is 
 issued (^). 
 
 Where a decree has been obtained against an un- 
 known defendant, the vessel or property to which the 
 suit relates, is not to be taken in execution, but it 
 may be arrested and detained under the provisions of 
 s. 22 (31 & 32 Vict. c. 71) or kept under arrest, if 
 already arrested (I). 
 
 Where a vessel is seized under a County Court 
 warrant of execution, the High Bailiff, before seUing, 
 has an inventory made by an appraiser, and the vessel 
 is not to be sold under the appraised value unless by 
 order of the Court. On the completion of the sale 
 the High Bailiff pays the proceeds into Court, re- 
 turning the warrant with his account of the sale and 
 the certificate of appraisement ; and, on the com- 
 pletion of the purchase, he delivers the property to 
 the purchaser, and if required, executes a bill of 
 sale to him (m). 
 
 If the name of an unknown defendant should 
 be ascertained subsequent to the decree, then the 
 defendant is to be served with notice, that unless 
 he, within four days, files a preecipe applying for a 
 rehearing of the suit, the vessel or property will be 
 
 {k) General Orders, No. 39. For forms of praecipe and note, 
 post. 
 
 {I) General Orders, No. 40. 
 
 (m) General Orders, 43, 44, and 45. 
 
PRACTICE OF THE COUNTY COURT. 193 
 
 sold in execution (n). This notice must be served chap. ix. 
 personally on the defendant, unless the judge, or 
 the Registrar, should, on affidavit, allow substituted 
 service to be made (o). 
 
 If a vessel or property is about to be sold under Transfer of 
 the process of a County Court, and the owner desires sale. 
 that the sale should be conducted in the High Court 
 of Admiralty, he may, on giving security for £10 to 
 the County Court Registrar at any time after judg- 
 ment, file with the Registrar an application for the 
 transfer of the proceedings for sale. This applica- 
 tion the Registrar forwards to the judge if the Court 
 be not then sitting, accompanied by a certificate 
 that the security for costs has been given, and the 
 judge thereupon makes an order for the transfer of 
 the proceedings for sale, with or without, as he may 
 think fit, the transfer of the subsequent proceedings 
 in the cause to the High Court of Admiralty (p). 
 
 When the vessel has been seized or arrested, it is 
 retained by the High BaiUif until the Marshal of the 
 High Court of Admiralty takes possession of it {q). 
 
 Where there is an appeal to the High Court of Transfer of 
 Admiralty, the judge of that Court may, if it appears appeal. 
 to him expedient, order any sale decreed to be made 
 of the vessel or property to be conducted in the 
 High Court, and that the proceedings for sale, with 
 or without the subsequent proceedings in the cause, 
 should be transferred from the County Court (f). 
 
 Where more than one suit has been instituted proceeds of 
 
 (n) General Orders, 40, 41. 
 
 (0) Ibid. 42. 
 
 (p) 31 & 32 Vict. i;. 71, o. 23. General Orders, 47, 48. 
 
 (3) General Orders, 46. 
 
 ()■) 31 & 32 Vict. c. 71, s. 32. 
 
194 
 
 THE LAW OF SALVAGE. 
 
 uhap. IX. against a vessel, or property, and the same has heen 
 sale to be sold, the proceeds thereof are retained in Court to 
 Court where *bide the decision of the Court in the various suits, 
 against'"''* Unless the judge should otherwise order (s). 
 
 same vessel. 
 
 Orders hy Consent. 
 
 Consents. Any consent in vrriting between the attorneys in a 
 suit may, by permission of the Registrar, be filed, 
 and thereupon become an order of Court and of the 
 same validity as if made by the Court (f). 
 
 Inspection, 
 
 Taxation. 
 
 Inspection of Documents. 
 
 During the progress of a suit, only the parties 
 and their attorneys are at liberty to inspect the 
 proceedings, and they may do so whilst the suit is 
 pending, and for a year afterwards, free of charge, 
 and take office copies {u). After the conclusion of a 
 cause, any one may inspect and take copies of the 
 proceedings on payment of the proper fee (y). 
 
 Taxation of Costs, 
 
 There are two scales of costs in the County Courts 
 in Admiralty causes. One where the sum recovered 
 is above £100, and the other where it does not 
 exceed that amount. 
 
 Costs between party and party and between 
 attorney and client are taxed by the Registrar. 
 
 Where plaintiff recovers less than the sum claimed, 
 the scale upon which the costs are to be taxed is to 
 be in the discretion of the Court {x). 
 
 (s) General Orders, No. 53. 
 
 (t) Ibid. No. 38. 
 
 (m) Ibid. 55, 68, and 58. 
 
 {v) Ihid, 57, 58. 
 
 (x) General Orders, No. 76. 
 
JURISDICTION OF THE JUSTICES. 195 
 
 "When a bill of costs has been filed for taxation, chap. ix. 
 notice is, as soon as conveniently may be, to be sent 
 to the respective attorneys appointing a time for the Taxation 
 taxation, and at the time appointed, if either attorney attorney 
 is present, the taxation is to be proceeded with. time™ 
 
 After the expiration of a vreek from the taxation Payment of 
 
 * costs after a 
 
 of the bill, if there is no objection to it, the attorney week out of 
 
 '' *^ moneys in 
 
 may apply for payment if the amount is to be paid Court. 
 out of moneys in Court (y). 
 
 If, in a taxation between attorney and client, more Taxation be- 
 than one-sixth of the bill is struck off, the attorney neyand 
 has to pay all the costs attending the taxation (2:). 
 
 If either attorney is dissatisfied with the taxation. Review of 
 he may, within a week thereof, give notice to the 
 adverse attorney that he will apply to the judge to 
 review the same, and file a prsecipe objecting to 
 the taxation (a). 
 
 JURISDICTION OF JUSTICES. 
 By the Merchant Shipping Act, 1854, it is pro- 
 vided, that where the salvage claimed does not 
 exceed £200, any dispute between the owners claim under 
 of any ship, boat, cargo, apparel, or wreck (Z>), 
 and the salvor as to the amount of such salvage, 
 should be referred to any two justices of the peace 
 resident, in the case of wreck, at or near the place 
 where the wreck is found ; or, in case of salvage 
 services, at or near tiie place where the ship or boat 
 
 (y) General Orders, 62, 63, 6i, and 65. 
 (z) Ibid. No. 66. 
 
 (a) General Orders, No. 67. 
 
 (b) The word owners in the section has been held to include 
 mortgagees, and any persons interested in the property at the 
 time. The Louisa, B. & L. 69, S. C. 11 W. K. 614. 
 
 2 
 
196 THE LAW OF SALVAGE. 
 
 Chap. IX. is lying, or at or near the first port or place in the 
 United Kingdom into which the ship or boat is 
 brought after the occurrence of the accident, by 
 reason whereof the claim to salvage arises (c) . 
 Claim above The same section empowers the justices to de- 
 sent of termine disputes as to salvage claims above £200 
 ^^ '*"' where the parties consent to refer them to their 
 Where value arbitration (d ) ; and by a subsequent statute (e) 
 ■ the jurisdiction was further extended to cases where 
 the value of the property saved did not exceed 
 £1000. 
 Cinque The justiccs have no jurisdiction over salvage dis- 
 
 putes arising within the boundaries of the Cinque 
 Ports, the statute expressly providing that these 
 disputes are to be determined in the manner they 
 had been before the passing of the Act (/). 
 Extent of The jurisdiction of the Justices under the Act of 
 
 jurisdiction •' 
 
 of justioes. 1864 was held to be confined to cases where the 
 h?gh seas™ salvage services had been rendered within the limits 
 of the United Kingdom, that is to say, within three 
 miles of the shore (g), that of the High Court of 
 Admiralty remaining undisturbed where the services, 
 however small the amount, were performed on the 
 high seas beyond this limit {h) ; and the onus of 
 proving that the services were rendered within the 
 three miles, was held to lie upon those who disputed 
 the jurisdiction of the Court (i). This, however, was 
 
 (c) 17 & 18 Viot. 0. 104, s. 460. 
 
 (d) Ibid. 
 
 (e) 25 & 26 Vict. o. 63, s. 49. 
 If) 17 & 18 Vict. c. 104, s. 460. 
 (g) The Leda, 1 Swa. 40. 
 
 \h) Ibid. p. 44. 
 
 (i) The Argo, Swa. 112. See also The Actif, Ibid. 237 ; Tlie 
 Gei-trvde, 30 h. J. Ad. 130. 
 
JUEISDICTION OF THE JUSTICES. 197 
 
 remedied by a later Act (Jc), which declares the pro- chap. ix. 
 visions of the former statute " to apply whether the 
 salvage service has been rendered within the limits 
 of the United Kingdom or not." 
 
 The dispute as to salvage may be heard and ad- Mode of 
 judicated upon by the justices, on the application ^™°°'^ '"=■ 
 either of the salvor, or of the owner of the property 
 salved, or of their respective agents. The justices 
 may themselves determine it; but they are em- 
 powered to call to their assistance any person con- 
 versant with maritime affairs as assessor; or, if a 
 difference of opinion arises between them, and even 
 without such difference, if they think fit to appoint 
 a person similarly qualified as umpire (I) to decide 
 the point in dispute. The justices are to make their 
 award within forty-eight hours after the matter has 
 been referred to them, and the umpire his award 
 within forty-eight hours from his appointment, but 
 
 (k) 25 & 26 Viet. u. 63, s. 49. By the 409th section of the 
 newMerchant Shipping Code it is proposed, that where the salvage 
 claim is under £20, or the property under £50, the claim is to 
 be determined by the Receiver of Wreck of the district, whose 
 award shall be final. 
 
 If the claim be under £300, or the value of the property under 
 £1000, then it is to be determined by the local Admiralty 
 Court of the district. In cases exceeding these limits, the 
 parties are to be at liberty to confer jurisdiction on the Re- 
 ceiver or on the local Admiralty Court by consent ; otherwise 
 the dispute is to be determined by the superior Court of Ad- 
 miralty. 
 
 A party improperly proceeding in a superior Court, is to be 
 deprived of his costs unless the judge certify, and may be ordered 
 to pay the costs of the other party. 
 
 The amount claimed is to mean the amount claimed in the 
 proceedings, and the value, the value of the property when first 
 brought into safety by the salvors. 
 
 {I) Each assessor and umpire is to receive for his services such 
 sum not exceeding £5 as the Board of Trade may direct. 17 
 & 18 Vict. 0. 104, s. 462. 
 
198 THE LAW OF SALVAGE. 
 
 Chap. IX. both the justices and umpire may, by memorandum 
 
 in writing, extend these periods (m), 
 Kvidence : The justices Or Umpire may also call for the pro- 
 duction of any documents in the possession of either 
 party which they may think necessary, and examine 
 witnesses on oath (n). The costs of the arbitration 
 are in their discretion (o) . 
 Jurisdiction Before the passing of the County Court Admi- 
 Court^of ralty Jurisdiction Act {p), it was laid down that 
 in'^oases'that ^^ cases where the sum claimed for salvage was 
 Sd by under £200, or the property saved, in value, under 
 justices. £1000, the High Court of Admiralty (where the 
 salvage had not been effected within the boundary 
 of the Cinque Ports) had no jurisdiction {q) ; and 
 even although a defendant in a suit brought under 
 such circumstances entered an absolute appearance, 
 instead of one under protest, the Court considered 
 itself bound to notice the statute, and to refuse to 
 entertain the suit, although it might not when an 
 appearance was entered in such a form condemn the 
 plaintiff in costs (r). Nor would the fact that there 
 had been delay in taking the objection affect the 
 question. If at any time the Court discovered it 
 had no jurisdiction, it would proceed no further (s) . 
 H.iw value The onus of showing the value of the property to 
 ■ be under £1000 rested upon those who disputed 
 the jurisdiction of the Court; and in determining the 
 question of jurisdiction, the Court would hold the 
 
 (m) 17 & 18 Viot. <;. 104, b. 461. 
 (n) Ibid. s. 463. 
 (o) Ibid. s. 462. 
 (p) 31 & 32 Viot. c. 71. 
 
 \q) The William, arid John, B. & L. 49 : 32 L. J. Ad. 102. 
 (r) The Louisa, Br. & L. 59, and 11 W. E. 614. 
 » (s) Per Dr. Lushington, The Mary Anne, B. & h. 334. 
 
JURISDICTION OF THE JUSTICES. 199 
 
 value of the property to mean its value when first Chip. ix. 
 brought into port by the salvors, and not at any 
 subsequent period. Thus, where, in consequence of 
 the mismanagement of persons who took possession 
 of the ship and cargo as the ship's agents, large and 
 unnecessary expenses were incurred, the freight dimi- 
 nished, and the value of the ship and cargo reduced, 
 so that the whole amounted to under £320, the 
 Court refused with costs a motion of the owners to 
 dismiss the suit of the salvors, on the ground that 
 the value of the property was under £1000 {t). 
 
 The 6th section of the County Courts Admiralty changes 
 Jurisdiction Act has, however, made a considerable 31*3^2 Vict, 
 difference in the jurisdiction of the Admiralty Court "' ' ' 
 with respect to suits where the value is under £1000, 
 or the claim under £200. The Court now has juris- 
 diction to entertain such claims, and it is entirely a 
 taatter for its discretion whether it will exercise the 
 jurisdiction or not (w). 
 
 "There is," observes Sir Robert Phillimore («), 
 " an entire change in the law since the decisions to 
 which I have been referred (The William and John 
 and The Louisa), and since the passing of the Mer- 
 chant Shipping Acts, on the language of which these 
 decisions were entirely founded; and it is no longer 
 the case, as it was when those decisions were given, 
 that the Court has no discretion to exercise as to 
 
 it) The Stella, L. R. 1 Ad. 340. 
 
 (u) " The High Court of Admiralty of England, on motion by 
 any party to an Admiralty cause pending in a County Court, 
 may, if it shall think fit, with previous notice to the other party, 
 transfer the cause to the High Court of Admiralty, and may 
 order security for costs, or impose such other terms as to the 
 Court may seem meet." 31 & 32 Vict. c. 71, s. 6. 
 
 (v) The Herman Wedel, 39 L. J. Ad. 30-32. 
 
200 
 
 THE LAW OF SALVAGE. 
 
 Chap. IX. 
 
 Punishment 
 of salvors 
 for impro- 
 perly bring- 
 ing suit in 
 Admiralty 
 Court 
 instead of 
 before jus- 
 tices. 
 
 whether it will entertain cases in which the value is 
 under £1000. The Court has that discretion, and 
 therefore, as I have already said, those cases, as it 
 appears to me, hecome inapplicahle altogether as 
 affording any guide to the Court in the present state 
 of the law." 
 
 The Court of Admiralty has jurisdiction to con- 
 demn in damages and costs plaintiffs who wrongfully 
 arrest and detain a vessel in respect of a claim that 
 might have been proceeded for before the justices. 
 
 The power of condemning a plaintiff in damages 
 is one, however, which the Court will exercise only 
 in extreme cases. It may give a defendant his costs, 
 but it has refused to mulct the unsuccessful plaintiffs 
 in damages where the circumstances of the case did 
 not show on their part any mala fides or crassa negli- 
 gentia {oc). 
 
 Where, however, a set of salvors in respect of ser- 
 vices, for which two justices, before whom the claim 
 was subsequently brought, awarded them only £10, 
 instituted a suit, claiming £800, and arrested the 
 vessel which, with freight and cargo, only amounted 
 iu value to £823 ; the Court held them to be liable 
 in damages, but under the circumstances of the case, 
 and as the salvors, on learning the value of the vessel, 
 &c., withdrew from the action, they were only con- 
 demned in £20 and costs {y). 
 
 If the salvage had been effected within the 
 boundaries of the Cinque Ports, the High Court of 
 Admiralty retained, and still retains (independently 
 
 (x) The Kate, B. & L. 218-221 ; S. C. 33 L. J. N. S. Ad. 
 122 
 
 (y) The EUonore, B. & L. 85, and 33 L. J. Ad. 19. 
 
JUEISDICTION OF THE JUSTICES. 201 
 
 of the operation of 31 & 32 Vict. c. 71, s. 6), juris- chap. ix. 
 diction, even although the amount claimed he under jurisdiction 
 £200, or the value of the property saved under £1000. ^^vage 
 The 460th section of the Merchant Shipping Act, ^thi?? 
 18^4 {z), expressly reserves the jurisdiction of the o°cinqS^ 
 Court of Admiralty of the Cinque Ports over salvage ^°'^'''- 
 eases, and the concurrent jurisdiction of the High 
 Court of Admiralty with that Court has been held to 
 remain unaffected by either the Act of 1854 or the 
 Act of 1862(a). 
 
 (z) 17 & 18 Tict. c. 104. 
 
 (a) Tke Jeune Paul, L. R. 1 Ad. 336. See also The Maria 
 Louisa, Swa. 67 ; and see 1 & 2 Geo. i, o. 76 ; 17 & 18 Vict. 
 c. 104, s. 460. An appeal lies from an awavd of the Cinque 
 Ports Comnjissionera to the High Court of Admiralty. The 
 mode of appeal is bj re-hearing. See The Caledonia, 17 W. E. 
 626. 
 
202 
 
 CHAPTEE X. 
 
 COSTS. 
 
 Costs in 
 discretion 
 of Court. 
 
 Generally 
 
 follow 
 
 result. 
 
 The costs of a salvage cause are (except where 
 the statutory provisions referred to in another place 
 apply) in the discretion of the Court. Although 
 they may not necessarily be given to the successful 
 party (a), yet generally they follow the event, and 
 where a claim for salvage fails, the plaintiffs may be, 
 and on many occasions have been, ordered to pay 
 them (b), and the more especially if the case set up 
 by the salvors turn out to be a false or fraudulent 
 one (c) ; salvors who have been guilty of miscon- 
 duct may, as has been already pointed out, not only 
 forfeit their claims for salvage, but be also con- 
 demned to pay the costs of the defendants. Thus, 
 
 (a) See The North Star, Lush. 45-51 ; The William, Ibid. 
 199-200 ; The Johannes, Ibid. 182 ; The Ironsides, Ibid. 458- 
 467 ; The Kepler, Ibid. 201 ; Tlie Albatross, 1 Spinks, 175, 
 n. ; The Trident, Ibid. 224, n. (a) ; The Catalina, 2 Ibid. 23 ; 
 The Goluichidc, 1 W. Hob. 143 ; The Diana, 32 L. J. Ad. 
 57 ; The Fortitude, 2 W. Rob. 217-225 ; The Lord Auckland, 
 Ibid. 301 ; Tlte Glasgow Packet, Ibid. 306 ; The Nicolina, Ibid. 
 175 ; The Worth American, Swa. 466 ; The St. Lavrrence, 7 
 Notes of Cases, 556 ; The Laurel, B. & L. 191 ; The Apollo, 1 
 HaKg. 306-319. 
 
 (6) The Lady Egidia, Lush. 513 ; The Edward Hawkint, 
 Lush. 515 ; The Nym-phe, 5 L. T. N. S. 365 ; The Duke of 
 Manchester, 10 Jurist, 863 ; The London, Br. & L. 82. 
 
 (c) The Giacomo, 3 Hagg. 34^; The Susannah, Ibid. 345, n. 
 
COSTS. 203 
 
 where tlie Receiver of "Wreck, on receiving a bond chap. x. 
 from the owners of a ship, released her, and the sal- 
 vors forcibly resisted the owners in taking possession, 
 the release of the vessel was ordered, and the salvors 
 were condemned in costs (d) ; and in cases where the 
 Court did not consider the misconduct of the salvors 
 (as for instance where they obtruded their services 
 after being discharged, or prevented further assist- 
 ance from being given to the vessel) to be of so serious 
 a nature as to occasion a forfeiture of all salvage 
 remuneration, it has, nevertheless, punished them by 
 awarding only two-thirds of their costs (e), or a fixed 
 sum, nomine expensarum, instead of costs(/'). 
 
 The indulgence which the Court of Admiralty has indulgence 
 always shown to salvors, however, and the expediency questions o? 
 of encouraging their exertions, which it has always °" 
 recognised, has frequently induced it to act leniently 
 towards them in awarding costs. In The Princess 
 Alice (ff), Dr Lushington observes . " It has been 
 the policy of the maritime law of this country, from 
 the earliest times, to countenance and favour this 
 
 (d) The Lady Catherine Barham, a L. T. N. S. 693. See 
 also The Joseph Harvey, 1 C. Rob. 306. 
 
 (e) The Glory, 14 Jurist, 676. 
 
 (/) The Glasgow Packet, -1 W. Rob. 306-314. See also 
 Tice Marjdalen, 5 L. T. N. S. 807-809. See The Nautilus, 
 Swa. 105, where salvors, who after aa award by coDsent before 
 justices, commenced a suit in tbe Admiralty Court, and accepted 
 a tender of the amount that the justices had awarded, were 
 condemned in damages and costs ; and The Gloria de Maria 
 (Swa. 106), where salvors, who after appealing from the award 
 ofCinque Ports Commissioners, instituted a suit, and arrested the 
 vessel, were also condemned in costs, damages, demurrage, and 
 expenses. See also The Belle of Lagos, L. B. 2 Ad. 345 : 20 
 L. T. N. S. 1019 ; The Margaret and Jane, 38 L. J. Ad. 38. 
 
 {g) 3 W. Rob. 138-143. See also The William, 5 Notes of 
 Cases, i08. 
 
204 THE LAW OF SALVAGE. 
 
 Chap. X. meritorious class of persons, and nothing I conceiTe 
 would be more contrary to that policy, or more likely 
 to damp the energies of salvors in general, than the 
 frightening them from a recourse to this Court by a 
 rigid application of the principle of costs." The 
 Court has, therefore, not only dismissed suits on 
 many occasions without costs as against the plain- 
 tiffs (A), but it has, under special circumstances, even 
 allowed the salvor whose claim it rejected, the costs 
 of the proceedings as against the owner (i). 
 Costs where If the defendants tender to the salvors, and pay 
 rejected. into Court, a sum subsequently held to be sufficient, 
 and the salvors notwithstanding proceed with their 
 suit, they will be condemned in costs (k) ; and where 
 alter an offer of £80 was refused by the claimants, 
 and a tender of £30 only was made, and the Court 
 subsequently awarded £50, it, nevertheless, refused 
 to give the salvors costs (I). If, however, there are 
 unusual circumstances involved in the case, the Court 
 is unwilling to apply the doctrine of costs after ten- 
 der against salvors. Dr. Lushington in one case 
 observes : " There is in the very nature of salvage 
 services something so loose and indefinite, and so 
 difficult to be determined by the best constituted 
 minds when looking at their own case, that I 
 
 (A) The Little Joe, Lush 88 ; The Johaimes, 30 L. J. Ad. 
 91-95 ; The Dygden, 1 Notes of Cases, 115-118 ; The Vpnor, 
 2 HaKg. 3; The Zephyr, Ibid. 43-48; The Mulgrave, Ibid. 
 77 ; The Hamot, 1 W. Rob. 4y9-447. 
 
 (i) The Ranger, 9 Jurist, 119-120 ; The Frances amd Eliza, 
 2 Dods. 115-121 ; The Vine, 2 Hagg. 1-3. 
 
 (le) The Ca/rgo ex Honor, L. E,. 1 Ad. 87 ; The Batavier, 1 
 Spinks, 169 ; The Paris, Ibid. 289 ; The Blach Boy, 3 Haeg 
 366 (n.). 
 
 (1) The Eedwig, 1 Spinks, 19-24. 
 
COSTS. 205 
 
 am not inclined to press the doctrine to its full Chap. x. 
 extent " [m). 
 
 The Court will not ordinarily, however, in such a 
 case grant costs, as it would be holding out an induce- 
 ment to salvors to reject adequate tenders (n). 
 
 If the formal tender by act of Court has been pre- 
 ceded by a tender out of Court of a sum equal to or 
 greater than that subsequently formally tendered and 
 accepted, the salvors may be refused their costs sub- 
 sequent to the offer. In such a case, however, the 
 Court will not only refuse to take cognisance of loose 
 negociations and offers, which end in nothing, but it 
 requires, as a Court of Common Law would, that the 
 sum offered should be tendered in money or in bank- 
 notes (o). 
 
 The tender must either offer to pay the costs of 
 the salvor, or state the grounds on which the pay- 
 ment is resisted (p). 
 
 See further on this subject, " Practice," ante. 
 
 (m) The William, 5 Notes of Cases, 108-110. See also The 
 Hopewell, 2 Spinks, 249. 
 
 (m) The Hopewell, ubi supra ; The Sovereign, 1 Lush. 85. 
 (o) Judgment of Dr. Lnshington, The Sovereign, ubi supra, 
 (p) The Hickman, L. R. 3 Ad. 15. 
 
CHAPTER XL 
 
 APPEAL. 
 
 An appeal lies from the decision of the Court of 
 
 Admiralty to the Privy Council, and from the 
 
 decision of the justices, or of a County Court judge, 
 
 to the Court of Admiralty. 
 
 Appeal to The Judicial Committee of the Privy Council are 
 
 Pnvy Coun- . , . "^ 
 
 oil as to unwilling to interfere with the iudgment of the Court 
 
 amount dis- i i /. . . 
 
 couraged. appealed from, where the question is one of amount, 
 which rested in the discretion of the judge of the 
 Court below (a), and they will refuse to disturb 
 the amount of compensation awarded by the Court 
 below, unless the difference between that amount 
 and the sum which, in their judgment, should 
 have been given, is very considerable (b). Nor 
 will they interfere with a salvage award on the 
 ground that the judge of the Court of Admiralty 
 has given too large a sum to the salvors, unless 
 they are satisfied beyoud all doubt that he has 
 made an exorbitant estimate of their services (c). 
 Where a party seeks by appeal to diminish or in- 
 crease such an award, he undertakes a very difficult 
 
 (a) Thf, Clarisse, Swa. 129-134; The Scindia, L. R. 1 P. C 
 241-249. 
 
 (J) The England, 38 L. J. Ad. 9. 
 (c) The Fusiker, B. & L. 341-350. 
 
APPEAL TO PKIVT COUNCIL. 207 
 
 task ; but, nevertheless, if an excess or exorbitance chap. xi. 
 exists, the Judicial Committee will exercise their 
 own judgment as to the proper remuneration to the 
 salvors, and reduce it to a just and reasonable 
 amount (rf). Thus, where the Court of Admiralty 
 awarded £3150 for salvage services, which the 
 Judicial Committee considered would be sufficiently 
 remunerated by £1500, they reduced the award to 
 the latter amount (e). If, in the same way, the 
 Privy Council should be of opinion that the sum 
 awarded is insufficient, they will increase it to such 
 an amount as they consider reasonable. Thus, in 
 The True Blue {/), where a derelict vessel and 
 cargo of the value of £1452, was saved by a steamer 
 which, with her cargo, was of the value of £30,000, 
 the Privy Council increased a salvage award of the 
 Vice-Admiralty from £300 to £450. 
 
 The appeal must be asserted within fifteen davs Time for 
 
 ", appealing to 
 
 from the date of the order appealed from. This tiie Privy 
 
 . ^ Council. 
 
 may be done by the solicitor of the party appeahng 
 giving personal notice to the Registrar of the Court 
 of Admiralty when the decree is made, or by an 
 instrument of appeal, which is subsequently drawn 
 up before a notary, and attested by two witnesses. 
 The appellant has then a period of a year and a day 
 within which to prosecute his appeal (ff). 
 
 (d) Judgment of Lord Chelmsford, The Chetah, 88 L. J. Ad. 1. 
 
 (e) The 0/i.etah, ubi supra. See also The True Biue, L. R. 
 1 P. C. 250. And see also Prendeville v. The Steam 
 Navigation Companj/, 38 L. J. Ad. 9. 
 
 (/) Ubi supra. 
 
 Q) As to the practice in cases of appeal to the Privy Council, 
 the reader is referred to the works of Messrs. Williams & Bruce, 
 and Mr. Coole, upon the practice of the Court of Admiralty. 
 
'-^08 THE LAW OF SALVAGE. 
 
 Chap. XI. 
 
 Appeal from the County Gov/rt. 
 
 An appeal lies to the High Court of Admiralty 
 from a final decree or order of a County Court 
 judge, and with the permission of the judge, from 
 any interlocutory decree, on security for costs being 
 given, and the regulations of the General Orders as 
 to appeals complied with (li). No appeal, however, is 
 to be allowed where the parties, before the decree or 
 order is made, have agreed by memorandum that 
 the decree or order shall be final («') ; nor unless 
 the amount decreed to be due exceeds £50 (/«). 
 This restriction does not, however, apply to an 
 appeal by a plaintiff whose suit has been dis- 
 missed (Z). There is no further appeal to the Privy 
 Council, except by the express permission of the 
 Judge of the High Court of Admiralty (m). 
 
 It is also provided that no appeal shall be al- 
 lowed unless the instrument of appeal is lodged in the 
 Kegistry of the High Court of Admiralty vdthin ten 
 days from the date of the decree or order appealed 
 from. The judge of the High Court of Admiralty 
 may, however, on sufficient cause being shown to his 
 satisfaction for such omission, allow the appeal to be 
 prosecuted, notwithstanding that the instrument of 
 apjieal has not been lodged within the ten days («). 
 appeal"' The costs of an unsuccessful appeal are to be borne 
 
 (A) 31 & 32 Vict. c. 71, o. 26. There is no provision in the 
 Geueral Orders as to County Court appeals, 
 (i) 31 & 32 Vict. 0. 71, s. 28. 
 (A) Ibid. s. 31. 
 
 \l) The Doctor Van Tunen Telia (not reported), 
 (m) 31 & 32 Vict. c. 71, a. 29. 
 in) Ibid. B. 27. 
 
APPEAL. 209 
 
 by the appellant, unless the Appellate Court should chap. xi. 
 otherwise order («). ~ 
 
 No appeal lies to the Privy Council from a decree Appeal to 
 or arder of the High Court of Admiralty on a council. 
 County Court Appeal, except by express permission 
 of the judge of the High Court of Admiralty (o). 
 
 Appeals may be made and causes transferred to Appeal to 
 
 , „ . . . Court of 
 
 the Court of Admiralty of the Cinque Ports in the Admiralty 
 
 of Cinque 
 
 same way and subject to the same regulations as to Ports. 
 the High Court of Admiralty in cases which arise 
 within the jurisdiction of these ports {p). 
 
 As to the sale of the vessel or property by the Sale of pro- 
 
 pertyby 
 
 High Court of Admiralty in the case of an appeal. High Court 
 
 * in case of 
 
 see ante, Tp. 193. appeal. 
 
 Appeal Jrom Justics. 
 
 No appeal from the award of the justices is 
 allowed unless the sum in dispute exceeds £50 ; nor 
 unless the appellant within ten days after the date of 
 the award, gives notice to the justices to whom the 
 matter was referred, of his intention to appeal, nor 
 unless the appellant proceeds to take out a monition, 
 or to take such other proceedings as, according to 
 the practice of the Court of Appeal, are necessary for 
 the institution of an appeal within twenty days from 
 the date of the award (§■). 
 
 The words " sum in dispute " in this section have Meaning of 
 been held to mean not the sum awarded by the dispute." 
 justices, but that claimed by the salvors, and where 
 the latter, in the proceedings before the magistrates, 
 
 (n) 31 & 32 Viet. c. 71, a. 30. 
 
 (0) Ibid. s. 29. 
 
 (p) Ibid. s. 33. 
 
 {q) 17 & 18 Vict. c. lOi, B. 46i. 
 
210 
 
 THE LAW OV SALVAGE. 
 
 Chap. XI. 
 
 Unwilling- 
 ness of 
 Court to 
 interfere 
 with 
 
 amount on 
 appeal. 
 
 " claimed a certain amount of salvage not exceeding 
 £200," and appealed from the decision of the justices 
 awarding them £24, the Court held that the salvors 
 were entitled to appeal, and adjudged them an ad- 
 ditional sum of £20 and costs (r). Where, however, 
 the salvors sent in a formal demand for £40 to the 
 owner, and afterwards claimed before the justices " a 
 sum not exceeding £200," and the justices were of 
 opinion that no salvage whatever was due, the Court 
 of Admiralty held that it had no jurisdiction to 
 entertain an appeal brought by the salvors from this 
 order, and dismissed it with costs (s) . 
 
 The Court of Admiralty is equally unwilling as 
 the Privy Council to encourage salvage appeals 
 where the question is merely one of amount, and in 
 such cases the burden always lies on the appellant, 
 especially where the decision appealed from is a 
 decision of discretion (i). The Court, especially 
 where the appeal is from a decision of persons 
 acquainted with the locality, relies to some extent on 
 the local skill of those who decide the question, but 
 the judge by whom the appeal is heard, will never- 
 theless exercise his own judgment upon it, and if 
 the sum awarded is entirely insufficient for the 
 services rendered, he will act upon his own judg- 
 ment, and decide accordingly (u). The Court has on 
 
 (r) T!ie Andrew Wilson, Br. & Lush. 56. 
 
 (s) The Mary Anne, Ibid. 33i. See also The Generous, 2 
 L. R. Ad. 57, where the Court entertained an appeal of the 
 owners from the decisions of justices, the claim being £55 — £5 
 for getting an anchor on board, and £50 for placing the vessel in 
 safety. 
 
 (t) Judgment of Dr. Lushington, The Ouba, Lush. 14-15. 
 
 (u) .ludgment uf Dr. Lushington, The Messenger, Swa. 191. 
 See The Vesta, 2 Hagg. 189. 
 
APPEAL. ti 1 1 
 
 many occasions increased the sum awarded by Chap. xi. 
 justices. Thus, where salvors brought a barge off a 
 dangerous position near the Nore Sand, and claimed 
 £80, and the magistrates at Maidstone awarded 
 them £15 only, the Court of Admiralty, on appeal, 
 held that this sum was totally inadequate for the ser- 
 vices rendered, and that there had been a gross mis- 
 carriage of justice on the part of the magistrates, and 
 awarded the salvors £40 with costs (x) ; and where 
 the justices, in a case where it was alleged that the 
 salvors had agreed to render the service for 8s. 6d., 
 dismissed the claim, the Court holding that real dan- 
 ger had been interred by the salvors iu rendering the 
 service, set aside the agreement as futile, and gave the 
 claimants £10 and costs (y). Unless the sum awarded 
 be wholly inadequate, however, the Court will not 
 disturb it, even although it considers the services 
 such that, if the case had come before it originally, 
 it might have given a larger amount (z). 
 
 Upon an appeal beino- made, it is the duty of the Proceedings 
 justices to transmit to the proper omcer oi the Court warded. 
 of Appeal a certified copy of the proceedings before 
 them, and of their award, accompanied by a certifi- 
 cate of the gross value of the article respecting which 
 salvage is claimed ; and it is provided " that such 
 copy and certificate shall be admitted in the Court of 
 Appeal as evidence iu the cause " (a). 
 
 (x) The Harriet, Swa. 218. 
 (2/) TfiAi Phantom, L. R. 1 Ad. 58. 
 (2) The Jeime Louise, 37 L. J. Ad. 32. 
 (a) 17 & 18 Viut. 0. Iu4, s. 465. 
 
APPENDIX. 
 
 1 & 2 GEORGE IV. Cap. 76. 
 An Act to continue and amend certain Acts for 
 preventing the various Frauds and Depredations 
 committed on Merchants, Shipowners, and Un- 
 derwriters, by Boatmen and others, within the 
 Jurisdiction of the Cinque Ports ; and also for 
 remedying certain defects relative to the adjust- 
 ment of Salvage, under a Statute made in the 
 Twelfth Year of the Reign of her late Majesty 
 Queen Anne. [2nd July, 1821. 
 
 Whereas by an Act passed in the forty-eighth year of his 4 Geo. 3, 
 late Majesty king George the Third, intituled "An Act <'■ !"*• 
 for preventing i'rauds and Depredations committed on 
 Merchants, Ship Owners, and Underwriters, by Boatmen 
 and others, within the Jurisdiction of the Cinque Ports ; 
 and also for remedying certain Defects relative to the 
 Adjustment of Salvage, under a Statute made in the 
 Twelfth year of her late Majesty Queen Anne ;" which Act 
 was to continue in force for seven years, and from thence 
 to the end of the next session of parliament : And whereas 
 by an Act passed in the fifty-third year of his late Majesty 
 king George the Third, the said above recited Act, except 
 so far as the same was altered, was further continued in 
 force for seven years from the passing of the said Act, and 
 from thence to the end of the next session of parliament, 
 and no longer : And whereas it is expedient that the said 
 recited Acts should be further continued, except so far as 
 the same are altered by this Act ; be it therefore enacted 
 by the King's most Excellent Majesty, by and with the 
 
214 APPENDIX. 
 
 Sect. 2, advice and consent of the Lords Spiritual and Temporal, 
 
 and Commons, in this present parliament assembled, and 
 
 by the authority of the same, That it shall and may be 
 LordWarden lawful for the Lord Warden of the Cinque Ports for the 
 comnS- *i™^ being to nominate and appoint, by any instrument or 
 sioners to instruments under his hand and seal, three or more sub- 
 determiae stantial persons in each of the Cinque Ports, two ancient 
 differences towns, and their members, to adjust and determine any 
 siilvage^. ° difference relative to salvage (which may arise) between the 
 master of any vessel and the person or persons bringing 
 such cables and anchors ashore ; and in case any ship or 
 vessel shall be either forced or cut from her cables and 
 anchors by extremity of weather, or by any other accident 
 whatever, and leave the same in any roadstead, or other 
 place within the jurisdiction of the Cinque Ports, two 
 ancient towns, and their members, and the salvage cannot 
 be adjusted between the persons concerned, then the same 
 shall be determined by any three or more of the said 
 persons so to be appointed as aforesaid, within the space 
 of twenty-four hours after such difference shall be referred 
 to them for their determination thereof, any usage or 
 Commis- custom to the contrary in anywise notwithstanding : Pro- 
 sioners to vided always that such Commissioners shall, immediately 
 seS-etery after their nomination, proceed to elect some fit and proper 
 or register, person, who shall be a notary or master extraordinary in 
 subject to Chancery, a.3 their secretary or register, except to the 
 bation^Jf" ^^ °^ Dover, where the register for the time being of 
 the Lord ^^^ Court of Admiralty of the Cinque Ports shall be the 
 Warden. register ; and which secretary or register, shall enter in a 
 Proceedings book, to be kept for that purpose, all the proceedings of 
 *" tJ^™- such Commissioners, and also a copy of the awards which 
 ^' " ■ they shall from time to time make ; but such election of 
 
 secretaries, or registers, shall be subject to the approbation 
 of the Lord Warden for the time being. 
 Power to 2. And be it further enacted, That it shall be lawful for 
 
 ereto^eWe *^®. ^^^^ Commissioners to be appointed as aforesaid, to 
 all differ- decide on all claims and demands whatever, which shall or 
 ences whicli may be made by pilots, hovellers, boatmen, and other 
 may arise, persons, for services of any sort or description rendered to 
 any ship or vessel, as well for carrying off from the shore 
 to such ship or vessel, any anchors, cables, or other stores 
 from any part or port of the coast of Kent, Sussex, Essex, 
 or the Isle of Thanet, within the jurisdiction aforesaid, as 
 for the conducting and conveying such ships and vessels from 
 the Downs, and other bays and roadsteads on the coast of 
 Kent, Sussex, and Essex, and the island of Thanet, or 
 from the sea or any other place, to Ramsgate, Dover, or 
 any other harbour, port, or place, on the said coasts, 
 within the jurisdiction aforesaid, or for the saving and pre- 
 serving, within the jurisdiction aforesaid, any goods or 
 
1 & 2 GEO. 4, CAP. 76. 21.0 
 
 merchandise wrecked, stranded, or cast away from any ggoTs. 3 i. 
 
 ship or vessel, the master or owners thereof, or their agents, ' — 
 
 being present at the place where the Commissioners shall 
 be sitting ;■ and that the said Commissioners shall have full 
 power and authority to hear and determine on all cases 
 whatever of services rendered by pilots, boatmen, and 
 others, to shipping within the jurisdiction aforesaid, 
 whether such ships or vessels shall be in distress or not ; 
 and that it shall be lawful for the said Commissioners, 
 whenever they see occasion, to examine the parties or their 
 witnesses upon their oaths, which oaths shall and may 
 be administered by the said secretary or register. 
 
 3. And be it further enacted. That it shall be lawful Commia- 
 for the Commissioners so to be appointed, and their aecre- ^'°'l°J'' ^P^° 
 tary or register as aforesaid, who shall decide on any such o^erj Ac 
 claims or demands as aforesaid, to demand and receive of for their 
 and from the owners of such ships or vessels, or the pro- trouble such 
 prietors of any such goods or merchandizes, against whom ^fe^allowed'' 
 any pilot, boatman, or other person shall make any claim ^.y t^e j^ard 
 or demand for services of any sort rendered to such ships Warden. 
 
 or vessels, or for the sole saving and preserving any goods 
 or merchandises wrecked, stranded, or cast away within 
 the jurisdiction aforesaid ; and such owners and proprie- 
 tors are hereby required to pay to them such fee or reward 
 for deciding on every such claim aad demand, as shall be 
 adjudged to them in that behalf by the Lord Warden of , 
 
 the Cinque Ports for the time being : Provided always. No oommis- 
 that no person to be appointed a commissioner by virtue of sioner shall 
 this Act shall have power or authority to act in any other ^j^^ pj^j.,, 
 port or place than that in which he is resident, or from where he is 
 which his usual place of residence is not distant more than resident. 
 one mile ; and that before such Commissioners shall iu Oommis- 
 any case proceed to act, they shall severally take the fol- ^aSTthe 
 lowing oath before a magistrate or a Commissioner of the following 
 Court of King's Bench or Common Pleas, or a Master oath. 
 Extraordinary in Chancery ; (videlicet, ) 
 
 "I A. B. do swear, That I have not, neither will I in ^°™°f 
 any way, directly or indirectly, take or receive any fee, "" ' 
 emolument, or reward, from any of the parties whose 
 interests are referred to my decision (save and except such 
 fee or reward as shall, be allowed by the Lord Warden to 
 be paid to me by the ship owners or proprietors of the 
 cargo, or their agents) ; and that I will not accept or 
 receive any fee whatever from the persons claiming reward 
 or salvage ; but that I will decide according to the best of 
 my judgment, on the evidence to be brought before me, 
 without favour or affection to either party. So help me 
 God." 
 
 4. And be it further enacted, That in case the party or Parties dis- 
 
216 
 
 APPENDIX. 
 
 Sects. 5—15. 
 
 satisfied 
 may appeal 
 to the High 
 Court of 
 Admiralty, 
 or the Ad- 
 miralty of 
 the Cinque 
 Ports ; but 
 the ship to 
 be liberated, 
 on giving 
 bail in 
 double the 
 amount of 
 the award. 
 
 Bail to be 
 taken and 
 certified ac- 
 co^ding to 
 schedule 
 annexed. 
 
 Tho appeal 
 to be con- 
 clusive. 
 
 The Lord 
 Warden and 
 his deputies, 
 judge, &c., 
 to have the 
 like power 
 as Justices 
 of the' peace 
 
 parties so claiming to be eutitlecl to salvage or compensa- 
 tion for services reDclered as aforesaid, or the party or 
 parties who are to pay the same, or their agents, shall be 
 dissatisfied with such award and decision of the Commis- 
 sioners, it shall and may be lawful for either of them 
 respectively, within eight days after such award is made, 
 but not afterwards, to declare to the Commissioners his or 
 their desire of obtaining the judgment of some competent 
 court of admiralty respecting the said salvage or compen- 
 sation as aforesaid, and thereupon such party or parties shall 
 forthwith be required by the Commissioners to declare 
 whether he or they will proceed iu the Court of Admiralty 
 of the Cinque Ports, or the High Court of Admiralty of 
 England, and he or they shall so proceed within twenty 
 days from the date of such award, by taking out a monition 
 against the adverse party ; but in such case the said Com- 
 missioners are hereby empowered and required to permit 
 the said ship and her cargo, notwithstanding such decla- 
 ration and proceeding, to depart on her voyage, or to 
 deliver to the owners and proprietors, or their agents, any 
 goods or merchandises respecting which any claim for 
 salvage shall be made upon the owners or proprietors of 
 the same, or their agents, giving good and sufficient bail 
 in double the amount of the sum awarded ; and which 
 bail the said Commissioners, or any of them, are and is 
 hereby authorised to take and certify according to the form 
 contained in the schedule hereunto annexed, and to trans- 
 mit the same without delay to the Court of Admiralty, in 
 which the intention of proceeding shall be so declared, 
 together with a true certificate iu writing of the gross 
 value of the whole ship and cargo, or other goods and mer- 
 chandises respecting which salvage shall be claimed, and 
 also an official copy of such proceedings and awards, cer- 
 tified by the said secretary or register, aud the same shall 
 be admitted by such court of admiralty as evidence in the 
 cause. 
 
 5. Provided always, and be it further enacted, That on 
 an appeal so as aforesaid being made to the Court of Ad- 
 miralty of the Cinque Ports, or to the High Court of 
 Admiralty, the same shall be taken aud held to be final, 
 and no ulterior appeal from sentence of the Court of 
 Admiralty of the Cinque Ports, or from the High Court of 
 Admiralty, shall lie to the King in Chancery. 
 
 Ss. 6 to 14 repealed by 17 & 18 Vict. c. 120, schedule. 
 
 15. And be it further enacted, that the Lord Warden 
 of the Cinque Ports for the time being, and the Lieu- 
 tenant of Dover Castle for the time being, and the Deputy 
 Wardens of the Cinque Ports for the time being, and the 
 Judge Official and Commissary of the Court of Admiralty 
 of the Cinque Ports, two ancient towns, and the members 
 
1 & 2 GEO. 4, CAP. 76. 217 
 
 thereof for the time being, and any other officer who shall Seot. 16. 
 
 be specially appointed by the Lord Warden, and all and 
 
 every of them, shall and may execute, perform, and do, "f oommte- 
 within the jurisdiction aforesaid, all the acts, matters, and u^^er^his 
 things contained in this Act, in like manner, to all intents Act. 
 and purposes, as any magistrate or magistrates, or any 
 commissioner or commissioners to be appointed by virtue 
 of this Act, is and are authorised to execute, perform, and 
 do the same. 
 
 16. And whereas by a certain Act passed in the twenty- Manner of 
 eighth year of the reign of King Henry the Eighth, in- j^SsTr' 
 tituled " For Pirates," it is among other things enacted to the punish- 
 the eflfect following, that whenever any commission for the ment of 
 punishment of certain offences therein named, shall be offences, 
 directed or sent to any place within the jurisdiction of the 23 H?8 0. 15. 
 five ports, that then every such commission shall be 
 directed unto the Lord Warden of the said port for the 
 time being, or to his deputy, or unto three or four such 
 persons as the Lord Chancellor for the time being shall 
 name and appoint : And whereas by the said Act it is 
 further enacted to the eflfect following, that every inquisi- 
 tion and trial to be had by virtue of such commission, shall 
 be made and had by the inhabitants of the said five ports, 
 or the members of the same : And whereas of a long time 
 past, no such commission has been sent to any place within 
 the jurisdiction of the Cinque Ports : Be it enacted, for 
 the more certain and speedy administration of justice, 
 That as often as his Majesty shall direct a commission, 
 according to the provisions of the aforesaid Act, to the 
 admiral or admirals, or his or their lieutenant deputy and 
 deputies, it shall and may be lawful for his Majesty, on 
 the application of the Lord Warden of the Cinque Ports, 
 to direct such commission jointly to the admiral or ad- 
 mirals, or his or their lieutenant deputy and deputies, and 
 also to the Lord Warden of the Cinque Ports for the time 
 being, and to his deputy ; and the Commissioners who 
 shall sit by virtue of such commission, so jointly ad- 
 dressed, to whatever shire or place in the realm the same 
 shall be limited, shall have full power and authority to 
 inquire into, try, and determine all offences named in the 
 said Act, or in any other Act, relating to proceedings 
 under such commission, by the oaths of twelve good and 
 lawful inhabitants in the shire limited in the said com- 
 mission, whether the said offences shall have been com- 
 mitted within the jurisdictions of the Lord Admiral of 
 England, or of the Lord Warden of the Cinque Ports ; and 
 all and every trial, conviction, judgment, and proceeding 
 whatsoever under such commission, shall be as good and 
 effectual to all intents and purposes in law and shaU be 
 followed by the same consequences to the offender or 
 
218 
 
 APPENDIX. 
 
 Sec r. 18. 
 
 Reservation 
 of the rights 
 of the Admi- 
 ralty Com-t, 
 and of the 
 Admiralty 
 of the 
 Cinque 
 Ports. 
 
 Boundaries 
 of the juris- 
 diction of 
 the Lord 
 Warden of 
 the Cinque 
 Ports. 
 
 offenders, as if the same were had by virtue of any separate 
 commission to be issued under the provisions of the afore- 
 said Act of King Henry the Eighth : Provided always, 
 and it is hereby further declared, that this Act, or any- 
 thing herein contained, shall not extend or be construed to 
 extend to the taking away, abridging, prejudicing, or im- 
 peaching, in any manner vrhatever, the jurisdiction of the 
 High Court of Admiralty of England, or the jurisdiction 
 of the Admiralty Court of the Cinque Ports, two ancient 
 towns, and their members ; but that it shall and may be 
 lawful for the said courts respectively, and the judge or 
 judges thereof for the time being, to have, use, exercise, 
 and enjoy jurisdiction over all such matters, rights, and 
 offences, as they have heretofore had, used, exercised, and 
 enjoyed, as fully and effectually, to all intents and pur- 
 poses whatever, as if this Act had not been made ; any- 
 thing hereinbefore contained to the contrary in anywise 
 notwithstanding. 
 
 S. 17 repealed by 17 & 18 Vict. c. 120, schedule. 
 18. And whereas doubts have arisen as to the exact 
 boundaries of the jurisdiction of the Lord High Admiral 
 and the Lord Warden of the Cinque Ports, and it is highly 
 expedient for the purposes of this Act that the same 
 should be clearly set forth ; now it is hereby declared 
 and enacted, That the boundaries of the jurisdiction of 
 the Lord Warden of the Cinque Ports, in regard to any 
 matter or thing contained in this Act, shall be and shall 
 be deemed and taken to be as follows ; (that is to say), 
 from a point to the westward of Seaford, in the county of 
 Sussex, called Red Cliff, including the same ; thence pass- 
 ing in a line one mile without the sand or shoal called the 
 Horse of Willingdon, and continuing the same distance 
 without the ridge and new shoals ; and tlience in a line 
 within five miles of Cape Grisnez on the coast of France .■ 
 thence round the shoal called the Overfalls, two miles dis- 
 tant from the same ; thence in a line without, and the 
 same distance along the eastern side of the Galloper Sand, 
 until the north end thereof bears west-north-west true 
 bearing from the west-north-west bearing of the Galloper, 
 it runs in a direct line across the shoal called the Thwart 
 Middle, till it reaches the shore underneath, the Maze 
 Tower ; from thence following in a line of the shore up to 
 Saint Orsyth, in the county of Essex, and following the 
 course of the shore up to the river Coin to the landing 
 place nearest Brightlingsea ; from thence in a direct line 
 to Shoe Bacon ; from thence to the Point of Shellness, on 
 the Isle of Shippey ; and from thence across the waters to 
 Feversham ; and from thence following the line of coast 
 round the North and South Forelands, and Beachey Head, 
 till it reaches the said Red Cliff, including all the waters, 
 
17 & 18 VICT. CAP. 104. 219 
 
 creeks, and havens comprehended between them : Pro- seots 432 
 vided always, and it is hereby declared, that nothing in 433. 
 this Act contained, shall extend, or be construed to extend, 
 to enlarge or abridge the local limits of the ancient juris- 
 diction, rights, and privileges of the Lord High Admiral of 
 England, or the Lord Warden or Admiral of the Cinque 
 Ports respectively, or their respective representatives ; but 
 that the same shall remain according to ancient usage, and 
 that the description hereinbefore contained shall only be 
 deemed applicable to the purposes of this Act ; anything 
 herein contained to the contrary notwithstanding. 
 Ss. 19 to 22 repealed by 17 & 18 Vict. c. 120. 
 
 17 & 18 VICT. Cap. 104. 
 
 Part VIIL 
 
 WRECKS, CASUALTIES, AND SALVAGE. 
 
 Inquiries into Wrecks. 
 
 432. In any of the cases following, that is to say, Inquiries 
 Whenever any ship is lost, abandoned,^ or materially ^^'o Wrecks. 
 
 damaged on or near the coasts of the United Kingdom ; ijiq,^iries to 
 Whenever auyship causes loss or material damage to any be insti- 
 other ship on or near such coasts ; tutedin 
 
 Whenever by reason of any casualty happening to or on <=*ses of 
 board of any ship on or near such coasts loss of life casualty, 
 ensues ; 
 Whenever any such loss, abandonment, damage, or 
 casualty happens elsewhere, and any competent wit- 
 nesses thereof arrive or are found at any place in the 
 United Kingdom ; 
 It shall be lawful for the inspecting oflBcer of the Coast 
 Guard or the principal officer of Customs residing at or near 
 the place where such loss, abandonment, damage, or casu- 
 alty occurred, if the same occurred on or near the coasts of 
 the Unite'd Kingdom, but if elsewhere at or near the place 
 where such witnesses as aforesaid arrive or are found or 
 can be conveniently examined, or for any other person 
 appointed for the purpose by the Board of Trade, to make 
 inquiry respecting such loss, abandonment, damage, or 
 casualty; and he shall for that purpose have all the powers 
 given by the first part of this Act to inspectors- appointed 
 by the said Board. 
 
 433. If it appears to such officer or person as aforesaid, Formal in- 
 either upon or without any such preliminary inquiry as vestigation 
 
220 
 
 APPENDIX. 
 
 Sects. 434— 
 436. 
 
 before 
 justices. 
 
 Power to 
 
 appoint 
 
 uautical 
 
 Stipendiary 
 magistrate 
 to be the 
 magistrate 
 who is mem- 
 ber of local 
 marine 
 board, ard 
 to be paid. 
 
 Costs of 
 siich inves- 
 tigations. 
 
 aforesaid, that a formal investigation is requisite or expe- 
 dient, or if the Board of Trade so directs, he shall apply to 
 any two justices or to a stipendiary magistrate to hear the 
 case ; and such justices or magistrate shall thejreupon pro- 
 ceed to hear and try the same, and shall for that purpose, 
 so far as relates to the summoning of parties, compelling 
 the attendance of witnesses, and the regulation of the pro- 
 ceedings, have the same powers as if the same were a pro- 
 ceeding relating to an offence or cause of complaint upon 
 which they or lie have power to make a summary convic- 
 tion or order, or as near thereto as circumstances permit ; 
 and it shall be the duty of such officer or person as afore- 
 said to superintend the management of the case, and to 
 render such assistance to the said justices or magistrate as 
 is in his power ; and, upon the conclusion of the case, the 
 said justices or magistrate shall send a report to the Board 
 of Trade, containing a full statement of the case and of 
 their or his opinion thereon, accompanied by such report of 
 or extracts from the evidence, and such observations (if any) 
 as they or he may tninii fit. 
 
 434. In cases where nautical skill and knowledge are 
 required, the Board of Trade shall have the power, either 
 at the request of such justices or magistrate, or at its own 
 discretion, to appoint some person of uautical skill and 
 knowledge to act as assessor to such 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 (a). 
 
 435. In places where there is a local marine board, and 
 where a stipendiary magistrate is a member of such board, 
 all such investigations as aforesaid shall, whenever he hap- 
 
 . pens to be present, be made before such magistrate ; and 
 there shall be paid to such magistrate in respect of his 
 services under this Act such remuneration, whether by way 
 of annual increase of salary or otherwise as her Majesty's 
 Secretary of State for the Home Department, with the 
 consent of the Board of Trade, may direct ; and such 
 remuneration shall be paid out of the Mercantile Marine 
 Fund. 
 
 436. The said 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 pro- 
 ceedings before them or him ; and the Board of Trade 
 may, if in any case it thinks tit so to do, pay the expense 
 
 (o) See 25 & 26 Vict. 
 of engineering skill. 
 
 :. 63, H. 23, as to tha appointment of assessors 
 
17 & 18 VICT. CAP. 104. 221 
 
 of any such investigation, and may pay to such assessor as seots. 437— 
 aforesaid such remuneration as it thinks iit. 441. 
 
 437. In the case of any such investigation as aforesaid 
 
 to be held in ScoHand, the Board of Trade may, if it so J?™jf*jjf*' 
 thinks fit, remit the same to the Lord Advocate to be pro- Scotland. 
 secuted in such manner as he may direct, and in case he 
 so requires, with the assistance of such person of nautical 
 skill and knowledge as the Board^of Trade may appoint for 
 the purpose. 
 
 438. Such justices or magistrate as aforesaid may, or in Master or 
 Scotlmui such person or persons as is or are directed by the bTrequired 
 Lord Advocate to conduct the investigation may, if they or to deliver 
 he think fit, require any master or mate possessing a certi- certificate 
 ficate of competency or service whose conduct is called in ^^^ ^j^^^ 
 question or appears to them or him likely to be called in of inquiry. 
 question in the course of such investigation, to deliver such 
 certificate to them or him, and they or he shall hold the 
 certificate so delivered untUthe conclusion of the investiga- 
 tion, and shall then either return the same to such master 
 
 or mate, or, if their report is such as to enable the Board of 
 Trade to cancel or suspend such certificate under the powers 
 given to such board by the third part of this Act, shall 
 forward the same to the Board of Trade, to be dealt with 
 as such board thinks fit ; and if any master or mate fails 
 so to deliver his certificate when so required, he shall incur 
 a penalty not exceeding fifty pounds (b). 
 
 Appointment and Duties of Receivers. 
 
 439. The Board of Trade shall throughout the United Appointment 
 Kingdom have the general superintendence of all matters ""d d-iu.ies of 
 relating to wreck; and it may, with the consent of the J^^-eivei-s. 
 Commissioners of her Majesty's Treasury, appoint any Board of 
 oflBcer of Customs or of the Coast Guard, or any officer of Trade super- 
 Inland Revenue, or, when it appears to such board to be i°tendents 
 more convenient, any other person, to be a Receiver of ^^^^ power 
 Wreck in any district, and to perform such duties as are to appoint 
 hereinafter mentioned, and shall give due notice of every receivers. 
 such appointment. 
 
 440. Xo admiral, vice admiral, or other person, under Admiral not 
 whatever denomination, exercising Admiralty jurisdiction, to interfere 
 shall as such, by himself or his agents, receive, take, or wreck. 
 interfere with any wreck except as hereinafter mentioned. 
 
 441. Whenever any ship or boat is stranded or in distress Duty of re- 
 at any place on the shore of the sea or of any tidal water ceivei- when 
 within the limits of the United Kingdom, the Receiver of stranded ot 
 the district within which such place is situate shall, upon in distress. 
 being made acquainted with such accident, forthwith pro- 
 
 (b) See also 25 & 26 Vict. u. 68, ». 24. 
 
222 
 
 APPENDIX. 
 
 Sects. 442- 
 444. 
 
 Powers of 
 receiver in 
 case of such 
 accident to 
 any ship or 
 boat. 
 
 All articles 
 washed on 
 shore, or 
 lost, or 
 taken from 
 any ship or 
 boat, to be 
 delivei'ed 
 to the 
 Receiver. 
 
 Power of 
 Receiver to 
 suppress 
 plunder and 
 disorder by 
 force. 
 
 ceed to such place, and upon his arrival there he shall take 
 the command of all persons present, and assign such duties 
 to each person, and issue such directions, as he may think 
 fit with a view to the preservation of such ship or boat, and 
 the lives of the persons belonging thereto, and the cargo 
 and apparel thereof ; and if any person wilfully disobeys 
 such directions, he shall forfeit a sum not exceeding fifty 
 pounds ; but it shall n6t be lawful for such Receiver to 
 interfere between the master of such ship or boat and his 
 crew in matters relating to the management thereof, unless 
 he is requested so to do by such master. 
 
 442. The Receiver may, with a view to such preserva- 
 tion as aforesaid of the ship or boat, persona, cargo, and 
 apparel, do the following things ; (that is to say,) 
 
 (1.) Summon such number of men as he thinks necessary 
 
 to assist him : 
 (2.) Require the master or other person having the 
 
 charge of any ship or boat near at hand to give 
 
 such aid with his men, ship, or boats as may be 
 
 in his power : 
 (3. ) Demand the use of any waggon, cart, or horses that 
 
 may be near at hand : 
 And any person refusing without reasonable cause to comply 
 with any summons, requisition, or demand so made as 
 aforesaid, shall for every such refusal incur a penalty not 
 exceeding one hundred pounds ; but no person shall be 
 liable to pay any duty of assessed taxes in respect of any 
 such waggon, cart, or horses by reason of the user of the 
 same under this section. 
 
 443. All cargo and other articles belonging to such ship 
 or boat as aforesaid, that may be washed on shore, or other- 
 wise be lost or taken from such ship or boat, shall be 
 delivered to the Receiver ; and any person, whether he is 
 the owner or not, who secretes or keeps possession of any 
 such cargo or article, or refuses to deliver the same to the 
 Receiver or to any person authorised by him to demand the 
 same, shall incur a penalty not exceeding one hundred 
 pounds ; and it shall be lawful for such Receiver or other 
 person as aforesaid to take such cargo or article by force 
 from the person so refusing to deliver the same. 
 
 444. Whenever any such accident as aforesaid occurs to 
 any ship or boat, and any person plunders, creates disorder, 
 or obstructs the preservation of such ship, boat, lives, or 
 cargo as aforesaid, it shall be lawful for the Receiver to 
 cause such person to be apprehended, and to use force for 
 the suppression of any such plundering, disorder, or obstruc- 
 tion as aforesaid, with power to command all her Majesty's 
 subjects to assist him in the use of such force ; and if any 
 person is killed, maimed, or hurt by reason of his resisting 
 the Receiver in the execution of the duties hereby com- 
 
17 & 18 VICT. CAP. 104. 223 
 
 mitted to him, or auy person acting under bis orders, seots. Ub— 
 such Receiver or otlier pei-son shall be free and fully 447. 
 
 indemnified as well against the Queen's Majesty, her heirs 
 
 and successors, as against all persons so killed, maimed, or 
 hurt. ^ 
 
 445. During the absence of the Receiver from the place Certain' 
 ■where any such accident as aforesaid occurs, or in places officers to 
 ■where no Receiver has been appointed under this Act, the '^"^'"^ ^f 
 following officers in succession, each in the absence of the Recei-rer in 
 other, in the order in which they are named, that is to say, his absence, 
 any principal officer of Customs or of the Coast Guard, or 
 
 officer of Inland Revenue, and also any sheriff, justice of 
 the peace, commissioned officer on full pay in the naval 
 service of her Majesty, or commissioned officer ou full pay 
 in the military service of her Majesty, may do all matters 
 and things hereby authorised to be done l)y the Receiver, 
 with this exception, that with respect to any goods or 
 articles belonging to any such ship or boat, the delivery up 
 of which to the Receiver is hereinbefore required, any 
 officer so acting shall be considered as the agent of the 
 Receiver, and shall place the same in the custody of the 
 Receiver ; and no person so acting as substitute for any 
 Receiver shall be entitled to any fees payable to Receivers, 
 or be deprived by reason of his so: acting of any right to 
 salvage to which he would otherwise be entitled. 
 
 446. Whenever any such accident as aforesaid occurs to Power in 
 any ship or boat, all persons may, for the purpose of ren- ^^^ °'? 
 dering assistance to such ship or boat, or saving the lives j^ distress 
 of the persons on board the same, or the cargo or apparel to pass over 
 thereof, unless there is some public road equally convenient, adjoining 
 pass and repass either with or without carriages or horses ^arria™ 
 over any adjoining lands, without being subject to inter- 
 ruption by the owner or occupier, so that they do as little 
 damage as possible, and may also, on the like condition, 
 
 deposit on such lands any cargo or other article recovered 
 from such ship or boat ; and all damage that may be sus- 
 tained by any owner or occupier in consequence of any such 
 passing or repassing or deposit as aforesaid sliall be a charge 
 on the ship, boat, cargo, or articles in respect of or by which 
 such damage was occasioned, and shall, in default of pay- 
 ment, be recoverable in the same manner as salvage is 
 hereby made recoverable ; and the amount payable in 
 respect thereof, if disputed, shall be determined in the same 
 manner as the amount of salvage is hereby in case of dispute 
 directed to be determined. 
 
 447. If the owner or occupier of any land over which any Penalty on 
 person is hereby authorised to pass or repass for any of the owners and 
 
 i* HIT' OCCUTDlGrS 
 
 purposes herein before mentioned does any of the f oUowmg „( j^nd 
 things, ^that is to say, ) refusing to 
 
 (1.) Impedes or hinders any such person from so passing allow car- 
 
224 
 
 APPENDIX. 
 
 Sects. 448 — 
 450. 
 
 riages, <fec. 
 to pass over 
 their land. 
 
 Power of 
 Receiver to 
 institute 
 examina- 
 tion with 
 respect to 
 
 distress. 
 
 Original or 
 certified 
 copy of 
 examina- 
 tion to be 
 •prima facie 
 evidence. 
 
 Rules to be 
 
 or repassing, with or without carriages, horses, 
 and servants, by looking his gates, refusing, upou 
 request, to open the same, or otherwise however ; 
 (2. ) Impedes or hinders the deposit of any cargo or other 
 article recovered from any such ship or boat, as 
 hereinbefore mentioned ; 
 (3.) Prevents such cargo or other article from remain- 
 ing so deposited for a reasonable time, until the 
 same can be removed to a safe place of public 
 deposit ; 
 He shall for every such offence incur a penalty not ex- 
 ceeding one hundred pounds. 
 
 448. Any Eeceiver, or in his absence any justice of the 
 peace, shall, as soon as conveniently may be, examine 
 upon oath {which oath they are hereby respectively em- 
 powered to administer) 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 ; 
 
 (2.) The name of the master and of the owners ; 
 
 (3.) The, names of the owners of the cargo ; 
 
 (4. ) The ports or places from and to which the ship was 
 bound ; 
 
 (5.) The occasion of the distress of the ship ; 
 
 (6. ) The services rendered ; 
 
 (7.) Such other matters or circumstances relating to 
 such ship, or to the cargo on board the same, 
 as the Keceiver or justice thinks necessary : ■ 
 And such Receiver or justice shall take the examination 
 down iu writing, and shall make two copies of the same, 
 of which he shall send one to the Board of Trade, and the 
 other to the secretary of the committee for managing the 
 affairs of Lloyd's in Loudon, and such last-mentioned copy 
 shall be placed by the said secretary in some conspicuous 
 situation for the inspection of persons desirous of examin- 
 ing the same ; and for the purposes of such examination 
 every such Eeceiver or justice as aforesaid shall have all 
 the powers given by the first part of this Act to inspectors 
 appointed by the Board. of Trade. 
 
 449. Any examination so taken in writing as aforesaid, 
 or a copy thereof, purporting to be certified under the 
 hand of the Receiver or justice before whom such examina- 
 tion was taken, shall be admitted in evidence iu any court 
 of justice, or before any person having by law or by con- 
 sent of parties authority to hear, receive, and examine 
 evidence, as primA facie proof of all matters contained in 
 such written examination. 
 
 450. The f oEowing rules shall be observed by any person 
 
17 & 18 VICT. CAP. 104. 225 
 
 ('iiding or takicg possession of wreck withiu tlie United gjcTs. 461 
 Kingdom; (that is to say, ) 452. ' 
 
 (l.J If the person so tindiug or taking possession of the 
 
 same is the owner, be shall as soon as possible observed by 
 give notice to the Receiver of the district within fln J^^ 
 which such wreck is found, stating that he has so wreck, 
 found or taken possession of the same ; and he 
 shall describe in such notice the marks by which 
 such wreck is distinguished : 
 (2. ) If any person not being the owner finds or takes 
 possession of any wreck, he shall as soon as pos- 
 sible deliver the same to such Receiver as afore- 
 said : 
 And any person making default in obeying the provi- 
 sions of this section shall incur the following penalties ; 
 (that is to say, ) 
 
 (3.) If he is the owner and makes default in performing 
 the several things the performance of which is 
 hereby imposed on an owner. 
 
 He shall incur a penalty not exceeding one 
 hundred pounds : 
 (4. ) If he is not the owner and makes default in per- 
 forming the several things, the performance of 
 which is hereby imposed on any person not being 
 an owner, 
 
 He shall forfeit all claim to salvage ; 
 He shall pay to the owner of such wreck, if the 
 same is claimed, but if the same is unclaimed 
 then to the person entitled to such unclaimed 
 wreck, double the value of such wreck (such 
 value to be recovered in the same way as a 
 penalty of like amount) ; and 
 He shall incur a penalty not exceeding one hun- 
 dred pounds. 
 
 451. If any Receiver suspects or receives information that Power for 
 any wreck is secreted or in the possession of some person Receivers to 
 who is not the owner thereof, or otherwise improperly oealed 
 dealt with, he may apply to any justice of the peace for a wreck, 
 warrant, and such justice shall have power to grant a 
 waiTant, by virtue whereof it shall be lawful for the Re- 
 ceiver to enter into any house or other place wherever 
 
 situate, and also into any ship or boat, and to search for, 
 and to seize and detain any such wreck as aforesaid there 
 found ; and if any such seizure is made in consequence of 
 information that may have been given by any person to 
 the Receiver, the informer shall be entitled by way of sal- 
 vage to such sum not exceeding in any case five pounds as 
 the Receiver may allow. 
 
 452. Every Receiver shall within forty-eight hours after Notice of 
 taking possession of any wreck cause to be posted up in ^i^^ok to be 
 
 Q 
 
226 
 
 APPENDIX. 
 
 Sects, 453 — 
 456. 
 
 given by 
 Receiver. 
 
 Goods 
 deemed 
 perishable 
 or of small 
 value may 
 be sold im- 
 mediately. 
 
 In eases 
 wbere any 
 lord of tbe 
 manor or 
 other person 
 is entitled 
 to unclaim- 
 ed wreck, 
 Receiver to 
 give notice 
 to him. 
 
 Payments 
 to be made 
 to Receiver. 
 
 Disputes as 
 to sums 
 payable to 
 Receiver to 
 
 the oustom-house of the port nearest to the place where 
 such wreck was found or seized a description of the same 
 and.of any marks by which it is distinguished, and shall 
 also, if the value of such wreck exceeds twenty pounds, 
 but not otherwise, transmit a similar description to the 
 secretary of the committee of Lloyd's aforesaid ; and such 
 secretary shall post up the description so sent, or a copy 
 thereof, in some conspicuous place, for the inspection of ail 
 persons desirous of examining the same. 
 
 453. In cases where any wreck in the custody of any 
 Receiver is under the value of live pounds, or is of so 
 perishable a nature or so much damaged that the same 
 cannot, in his opinion, be advantageously kept, or if the 
 value thereof is not sufficient to defray the charge of ware- 
 housing, the Eeceiver may sell the same before the expira- 
 tion of the period herein-after mentioned, and the money 
 raised by such sale, after defraying the expenses thereof, 
 shall be held by the Eeceiver for the same purposes and 
 subject to the same claims for and to which the article 
 sold would have been held and liable if it had remained 
 unsold. 
 
 454. In cases where any admiral, vice-admiral, lord of 
 the manor, or other person is entitled for his own use to 
 unclaimed wreck found on any place situate within a dis- 
 trict for which a Keceiver is appointed, such admiral, vice- 
 admiral, lord of the manor, or other person shall deliver 
 to such Eeceiver a statement containing the particulars of 
 his title, and the address to which notices are to be sent ; 
 audi upon such statement being so delivered, and proof 
 made to the satisfaction of the Eeceiver of the validity of 
 such utle, it shall be his duty, whenever he takes posses- 
 sion of any wreck found at any such place, to send within 
 forty-eight hours thereafter a description of the same and 
 of any marks by which it is distinguished, directed to such 
 address as aforesaid, 
 
 455. There shall be paid to all Eeceivers appointed under 
 this Act the expenses properly incurred by them in the 
 performance of their duties, and also in respect of the 
 several matters specified in the Table marked V. in the 
 schedule hereto, such fees, not exceeding the amounts 
 therein mentioned, as may from time to time be directed 
 by the Board of Trade ; and the Eeceiver shall have the 
 same lien and be entitled to the same remedies for the 
 recovery of such expenses and fees as a salvor has or is 
 entitled to in respect of salvage due to him ; but, save as 
 aforesaid, no Receiver appointed under this Act shall as 
 such be entitled to any remuneration whatsoever. 
 
 456. Whenever any dispute arises in any part of the 
 United Kingdom as to the amount payable to any Eeceiver 
 in respect of expenses or fees, such dispute shall be deter- 
 
17 & 18 VICT. CAP. 104. 227 
 
 mined by the Board of Trade, whose decision shall be snor'i. 407— 
 final 459. 
 
 457. All fees received by any Receiver appointed under 
 this Act, in respect of any services performed by him as ^^. '^^!°J" 
 Receiver, shall be carried to and form part of the Mercan- Board o/ 
 tile Marine Fund, and a separate account thereof shall be Trade. 
 kept, and the monies arising therefrom shall be applied in Application 
 defraying any expenses duly incurred in carrying into effect of fees. 
 the purposes of the eighth part of this Act, in such mauuer 
 as the Board of Trade directs. 
 
 Salvage in the United Kingdom. 
 
 458. In the following cases, (that is to say, ) Salvaye 
 Whenever any ship or boat is stranded or otherwise in the Uiuted 
 
 in distress on the shore of any sea or tidal water ^i ^l/'^i" "- 
 
 situate within the limits of the United Kingdom, galvage in 
 
 and services are rendered by any person, respect of 
 
 (1.) In assisting such ship or boat ; services 
 
 (2.) In saving the Uves of the persons helonging J^'^^^^j^j' 
 
 to such ship or boat ; (c) Kingdom. 
 
 (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 shaU be payable by the owners of such ship or boat, 
 cargo, apparel, or wreck, to the person by whom such ser- 
 vices 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 herein- 
 after included under the term salvage) to be determined 
 in case of dispute in manner herein-after mentioned. 
 
 459. Salvage in respect of the preservation of the life or Salvage for 
 lives of any person or persons belonging to any such ship ^^^I'^^ *"* 
 or boat as aforesaid shall be payable by the owners of the gn^rd of 
 ship or boat in priority to all other claims for salvage ; Trade out of 
 and in cases where such ship or boat is destroyed, or where Mercantile 
 the value thereof is insufficient, after payment of the actual 1?^ "1"° 
 expenses incurred, to pay the amount of salvage due iu 
 
 respect of any life or lives, the Board of Trade may in its 
 discretion award to the salvors of such life or Hves out of 
 the Mercantile Marine Fund such sum or sums as it deems 
 fit, in whole or part satisfaction of any amount of salvage 
 so left unpaid in respect of such life or lives. 
 
 (c) See 24 Viet. o. 10, s. 9, and 25 & 26 Vict. c. 63, s. 59, which 
 extends the jurifldiotion of the Court of Admiralty in cases of life 
 salvage. 
 
 Q 2 
 
228 
 
 APPENDIX. 
 
 Sects. 460, 
 461. 
 
 Disputes as 
 to salvage, 
 how to be 
 settled. 
 
 Manner in 
 whidi 
 
 460. Disputes with respect to salvage arising within the 
 boundaries of the Cinque Ports shall be determined in the 
 
 - manner in which the same have hitherto been determined; 
 but whenever any dispute arises elsewhere in the United 
 Kingdom between the owners of any such ship, boat, 
 cargo, apparel, or wreck as aforesaid, and the salvors, as 
 to the amount of salvage, and the parties to the dispute 
 cannot agree as to the settlement thereof by arbitration or 
 otherwise. 
 Then, if the sum claimed does not exceed two hundred 
 pouhds (d), 
 
 Such dispute shall be referred to the arbitration 
 of any two justices of the peace resident as fol- 
 lows ; (that is to say, ) 
 
 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 : 
 But if the sum claimed exceeds two hundred pounds, 
 
 Such dispute may, with the consent of the parties, 
 be referred to the arbitration of such justices 
 as aforesaid, but if they do not consent shall in 
 England be decided by the High Court of Ad- 
 miralty of England, in Ireland by the High 
 Court of Admiralty of Ireland, and in Scotland 
 by the Court of Session ; subject to this pro- 
 viso, that if the claimants in such dispute do 
 not recover in such Court of Admiralty or Court 
 of Session a greater sum than two hundred 
 Ijounds, they shall not, unless the Court certi- 
 fies that the case is a fit one to be tried in a 
 superior court, recover any costs, charges, or 
 expenses incurred by them in the prosecution 
 of their claim : 
 And every dispute with respect to salvage 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. 
 
 461. Whenever in pursuance of this Act any dispute as 
 
 (d) See 25 & 26 Vict. c. 63, s. 49, extending the jurisdiction of 
 the justices to.caaes where the value of the property is under lOOOI. 
 and to cases of salvage outside the limits of United Kingdom. See 
 also ss. 50 and 51 of the same statute. 
 
17 & 18 VICT. CAP. 104. 229 
 
 to salvage is referred to the arbitration of two justices, sects. 462— 
 they may either themselves determine the same, wibh 465 
 power to call to their assistance any person conversant 
 with maritime affairs as assessor, or they may if a differ- ■i''^*'''?^.. , 
 ence of opinion arises between them, or without such dismites' " 
 difference, if they think fit, appoint some person conver- 
 sant 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, that is to say, the said justices within 
 forty-eight hours after such dispute has been referred to 
 them, and the said umpire within forty-eight hours after 
 his appointment, with power nevertheless for such justices 
 or umpire by writing under their or his hands or hand to 
 extend the time within which they and he are hereby re- 
 spectively directed to make their or his award. 
 
 462. There shall be paid to every assessor and umpire Costs of 
 who may be so appointed as aforesaid in respect of his arbitration, 
 services such sum not exceeding five pounds as the Board 
 
 of Trade may from time to time direct ; and all the costs 
 of such arbitration, including any such payments as afore- 
 said, shall be paid by the parties to the dispute, in such 
 manner and in such shares and proportions as the said 
 justices or as the said umpire may direct by their or his 
 award. 
 
 463. The said justices or their umpire may call for the Justices 
 production of any documents in the possession or power may call f.ir 
 of either party, which they or he may think necessary documents, 
 for determining the question in dispute, and may examine nister oaths 
 the parties or their witnesses on oath, and administer the 
 
 oaths necessary for that purpose. 
 
 464. If any person is aggrieved by the award made by Appeal to 
 such justices or such umpire as aforesaid, he may in Eng- f""''!''* °l 
 land appeal to the High Court of Admiralty of England, Admiralty. 
 in Ireland to the High Court of Admiralty of Ireland, and 
 
 in Scotland to the Court of Session ; but no such appeal 
 shall be allowed unless the sum in dispute exceeds fifty 
 pounds, nor unless within ten days after the date of the 
 award the appellant gives notice to the justices to whom 
 the matter was referred of his inteution to appeal, nor 
 unless the appellant proceeds to take out a monition, or to 
 take such other proceeding as according to the practice of 
 the Court of Appeal is necessary for the institution of an 
 appeal, within twenty days from the date of the award. 
 
 465. "Whenever any appeal is made in manner herein- justices to 
 before provided, the justices shall transmit to the proper transmit 
 officer of. the Court of Appeal a copy on unstamped paper "opy of pro- 
 certified under their hands to be a true copy of the pro- ^^^ certifi- 
 ceedingg had before such justices or their umpire, if' any, cate of valnc 
 
 and of the award so made by them or him, accompanied to Court of 
 
 Appeal, 
 
230 
 
 APPENDIX. 
 
 Sects. 406— 
 
 Payment of 
 salvage, to 
 whom to be 
 made in 
 case of dia- 
 jiute as to 
 appoi-tion- 
 ment. 
 
 Apportion- 
 ment of 
 aalTage, 
 
 Manner of 
 entbrcing 
 payment of 
 salvage. 
 
 with their or his certificate in -writing of the gross yalae of 
 the article respecting which salvage is claimed ; and such 
 copy and certificate shall be admitted in the Court of Ap- 
 peal as evidence in the cause. 
 
 466. Whenever the aggregate amount of salvage payable 
 in respect of salvage services rendered in the United King- 
 dom has been finally ascertained either by agreement or 
 by the award of such justices or their umpire, but a dis- 
 pute arises as to the apportionment thereof amongst several 
 claimants, then, if the amount does not exceed two hundred 
 pounds, it shall be lawful for the party liable to pay the 
 amount so due to apply to the Receiver of the district for 
 liberty to pay the amount so ascertained to him; and he 
 shall, if he thinks fit, receive the same accordingly, and 
 grant a certificate under his hand, stating the fact of such 
 payment and the services in respect of which it is made ; 
 and such certificate shall be a full discharge and indemnity 
 to the person or persons to whom it is given, and to their 
 ship, boats, cargo, apparel, and effects, against the claims 
 of all persons whomsoever in respect of the services there- 
 in mentioned ; but if the amount exceeds two hundred 
 pounds, it shall be apportioned in manner herein-after 
 mentioned. 
 
 467. Upon the receipt of any such amount as aforesaid 
 the Receiver shall with all convenient speed proceed to 
 distribute the same among the several persons entitled 
 thereto, upon such evidence and in such shares and pro- 
 portions as he thinks fit, with power to retain any monies 
 that may appear to him to be payable to any absent par- 
 ties ; but any distribution made in pursuance of this sec- 
 tion shall be final and conclusive against the rights of all 
 persons claiming to be entitled to any portion of the monies 
 so distributed. 
 
 468. Whenever any salvage is due to any person under 
 this Act, the Receiver shall act as follows ; (that is to say,) 
 
 (1.) If the sum is due in respect of services rendered in 
 assisting any ship or boat, or in saving the lives of 
 persons belonging to the same, or the cargo or 
 apparel thereof, 
 He shall detain such ship or boat and the cargo 
 and apparel belonging thereto until payment is 
 made, or process has been issued by some com- 
 petent Court for the detention of such ship, 
 boat, cargo, or apparel : 
 (2). If the same is due in respect of the saving of any 
 wreck, and such wreck is not sold as unclaimed in 
 pursuance of the provisions hereinafter contained, 
 He shall detain such wreck until payment is 
 made, or process has been issued in manner 
 aforesaid : 
 
17 & 18 VICT. CAP. 104. 231 
 
 But it shall be lawful for the Receiver, if at auy time pre- gj.^.^ ^f^p 
 
 viously to the issue of such process security is given to his 
 
 satisfaction for the amount of salvage due, to release from 
 his custody any ship, boat, cargo, or apparel, or wreck so 
 detained by him as aforesaid ; and in cases where the 
 claim for salvage exceeds two hundred pounds it shall be 
 lawful in England for the High Court of Admiralty of 
 England, in Ireland for the High Court of Admiralty of 
 Ireland, and in Scotland, for the Court of Session, to 
 determine any question that may arise concerning the 
 amount of the security to be given or the sufSciency of 
 the sureties ; and in aU cases where bond or other security 
 is given to the Receiver for an amount exceeding two 
 hundred pounds it shall be lawful for the salvor or for the 
 owner of the property salved, or their respective agents, to 
 institute proceediugs in such last-mentioned courts for the 
 purpose of having the questions arising between them 
 adjudicated upon, and the said Courts may enforce pay- 
 ment of the said bond or other security, in the same 
 manner as if bail had been given in the said Courts. 
 
 469. Whenever any ship, boat, cargo, apparel, or wreck Power of 
 is detained by any Receiver for nonpayment of any sums Eeoeiver to 
 so due as aforesaid, and the parties liable to pay the same pertyTalved 
 are aware of such detention, then, in the following cases, jn oases of 
 that is to say, nonpay- 
 
 (1. ) In cases where the amount is not disputed, and ™«nt- 
 payment thereof is not made within twenty days after 
 the same has become due ; 
 (2.) In cases where the amoimt is disputed, but no 
 appeal lies from the first tribunal to which the dis- 
 pute is referred, and payment thereof is not made 
 within twenty days after the decision of such first 
 tribunal ; 
 (3). In cases where the amount is disputed, and an appeal 
 lies from the decision of the first tribunal to some 
 other tribunal, and payment thereof is not made 
 within such twenty days as last aforesaid, or such 
 monition as hereinbefore mentioned is not taken 
 out within such twenty days, or such other pro- 
 ceedings as are according to the practice of such 
 other tribunal necessary for the prosecution of 
 an appeal are not instituted within such twenty 
 days ; 
 The Receiver may forthwith sell such ship, boat, cargo, 
 apparel, or wreck, or a sufficient part thereof, and out of 
 the proceeds of the sale, after payment of all expenses 
 thereof, defray all sums of money due in respect of 
 expenses, fees, and salvage, paying the surplus, if any, to 
 the owners of the property sold, or other the parties 
 entitled to receive the same. 
 
232 
 
 APPENDIX. 
 
 Sects. 470— 
 474. 
 
 Subject to 
 payment of 
 expenses, 
 fees, and 
 salvage, 
 owner en- 
 titled to 
 wi-eck. 
 
 Unclaimed 
 
 Wreck in the 
 
 United 
 
 Kingdom. 
 
 Eeceiver to 
 deliver up 
 possession of 
 unclaimed 
 
 reck to 
 lord of 
 manor or 
 other person 
 entitled. 
 
 Disputed 
 title to 
 wreck, how 
 to be 
 decided. 
 
 Appeal from 
 decision of 
 justices. 
 
 Power of 
 the Board of 
 Trade on 
 behalf of 
 the Crown 
 to purchase 
 rights of 
 wreck. 
 
 470. Subject to the payment of such expenses, fees, and 
 salvage aa aforesaid, the owner of any wreck who eata- 
 bHshes hia claim thereto to the satisfaction of the Eeceiver 
 within one year from the date at which such wreck has 
 come into the possession of the Receiver, shall be eotitled 
 to have the same delivered up to him. 
 
 Unclaimed Wreck in the United Kingdom. 
 
 471. In the event of no owner establishing a claim to 
 wreck found in the United Kingdom before the expiration 
 of a year from the date at which the same has come into 
 the possession of the Receiver, then, if any such admiral, 
 vice-admiral, lord of any manor, or other person as afore- 
 said has given notice to and has proved to the satisfaction 
 of the Receiver that he is entitled to wreck found at such 
 place, the Receiver shall, upon payment of all expenses, 
 fees, and salvage due in respect of such wreck, deliver up 
 possession thereof to such admiral, vice-admiral, lord of 
 the manor or other person ; and in case of dispute sis to 
 the amount of the sums so payable, and also in caae of 
 default being made in payment thereof, such dispute shall 
 be determined and payment enforced in the manner in 
 which such amount and payment is hereby directed to be 
 determined and enforced in cases where any owner esta- 
 blishes his claim to wreck (c). 
 
 472. If any dispute arises between any Receiver and 
 any such admiral, vice-admiral, lord of any manor, or 
 other person as aforesaid 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 hereinbefore directed to be determined. 
 
 473. If any party to such dispute is unwilling to refer 
 the same to two justices, or, having so referred the same, 
 is diaaatisfied with their decision, he may within six 
 months from the expiration of such year as aforesaid or 
 from the date of such decision as aforesaid, as the case 
 may be, take such proceedings as he may be advised in 
 any court of law, equity, or admiralty having jurisdiction 
 in the matter, for establishing his title. 
 
 474. The Board of Trade shall have power, with the con- 
 sent of the Treasury, out of the revenue arising under the 
 eighth part of this Act, for and on behalf of Her Majesty, 
 her heirs and successors, to purchase all such rights to 
 wreck as may be posseased by any person or body cor- 
 
 (e) See 25 & 26 Vict. c. 63, a. 52, providing that the delivering up of 
 wreck by Receiver shall operate as a dischai'ge to him. 
 
17 & 18 VICT. CAP. 104. 233 
 
 porate, other than her Majesty ; and for the purpose of sects. 475— 
 facilitatiag such purchases the provisions of the " Lands 477. 
 Clauses Consolidation Act, 1845," and the "Lauds Clauses 
 Consolidation (Scotland) Act, 1845," relating to the pur- 
 chase of lands by agreement, shall be incorporated with 
 this Act ; and in the construction of this Act and the said 
 incorporated Acts this Act shall be considered to be the 
 " Special Act ;" and any such rights to wreck as aforesaid 
 shall be considered as an interest in land authorised to be 
 taken by the special Act, and her Majesty, her heirs, and 
 successors, shall be considered as the promoters of the 
 undertaking. 
 
 475. If no owner establishes his claim to wreck found at Unclaimed 
 any place before the expiration of such period of a year as ^J^" ° ° 
 aforesaid, and if no admiral, vice-admiral, lord of any 
 
 manor, or person other than her Majesty, her heirs, and 
 successors, is proved to be entitled to such wreck, the 
 Receiver shall forthwith sell the same, and after payment 
 of aU expenses attending such sale, and deducting there- 
 from his fees, and aU expenses (if any) incurred by him, 
 and paying to the salvors such amount of salvage as the 
 Board of Trade may in each case or by any general rule 
 determine, pay the same into the receipt of her Majesty's 
 Exchequer in such manner as the Treasury may direct, 
 and the same shall be carried to and form part of the con- 
 solidated fund of the United Kingdom (/). 
 
 Jurisdiction of the High Oourt of Admiralty. 
 
 476. Subject to the provisions of this Act, the High Jurisdiction 
 Court of Admiralty shall have jurisdiction to decide upon covjt^o^ 
 all claims whatsoever relating to salvage, whether the Admiralty. 
 
 services in respect of which salvage is claimed were per- . 
 
 formed upon the high seas, or within the body of any 5'f'^*'?"'^' 
 county, or partly in one place and partly in the other, and ralty may 
 whether the wreck is found at sea or cast upon the land, decide ou 
 
 or partly in the sea and partly on land. *•' salvage 
 
 •^ •' r J cases, 
 
 whether on 
 Offences in respect of Wreclc. ^<"^ "r l™^. 
 
 477. Whenever any ship or boat is stranded or other- Offences in 
 wise in distress on or near the shore of any sea or tidal ''^F,f^ic 
 
 water in the United Kingdom, and such ship or boat, or ' 
 
 any part of the cargo or apparel thereof, is plundered, In ease of 
 damaged, or destroyed by any persons riotously and ^^Lv-j 
 tumultuously assembled together, whether on shore or being plun- 
 afloat, full compensation shall be made to the owner of dered by a 
 such ship, boat, cargo, or apparel, as foUows ; (that is to tnmultuous 
 say,) 
 
 (/) See also 25 & 26 Vict. u. 63, ». 53. 
 
234 
 
 APPENDIX. 
 
 Sect. 478. 
 
 the hundred 
 to be liable 
 for damages. 
 
 7 & 8 Geo. i, 
 c. 31. 
 
 3 & 4 Wm. 4. 
 C. 37, 8. 22. 
 
 1 Geo. 1, 
 SK 2, 0. 5 
 
 Penalty for 
 plundering 
 in caaos of 
 ahipwreck, 
 for obstruct- 
 ing the 
 saving of 
 ship- 
 wrecked 
 property, 
 and for 
 secreting^ 
 the same. 
 
 In England by the inhabitants of the hundred, wapen- 
 take, ward, or district in the nature of a hundred, by 
 whatever name denominated, in or nearest to which 
 the said oflFence is committed, in manner provided by 
 an Act of the eighth year of the reign of King George 
 the Fourth, chapter thirty-one, in case of destruction 
 of churches and other buildings by a riotous assem- 
 blage, or as near thereto as circumstances permit : 
 In Ireland by the inhabitants of the county, county of 
 a city or town, barony, town or towns, parish or 
 parishes, in or nearest to which such offence was 
 committed, in manner provided by an Act of the 
 fourth year of the reign of King William the Fourth, 
 chapter thirty-seven, for the recovery of satisfaction 
 and amends for the malicious demolition of or injury 
 to churches, chapels, and other buildings used for 
 religious worship, according to the usage of the 
 United Church of England and Ireland, or as near 
 thereto as circumstances permit : 
 In Scotland, by the inhabitants of the oouoty, city, or 
 borough in or nearest to which such offence is com- 
 mitted, in manner provided by an Act of the first 
 year of King George the First, statute two, chapter 
 five, with respect to prosecutions for repairing the 
 damages of any churches and other buildings, or as 
 near thereto as circumstances permit. 
 478. Every person who does any of the following Acts, 
 (that is to say, ) 
 
 (1.) Wrongfully carries away or removes any part of 
 
 any ship or boat stranded or in danger of being 
 
 stranded or otherwise in distress on or near the 
 
 shore of any sea or tidal water, or any part of the 
 
 cargo or apparel thereof, or any wreck ; or 
 
 (2.) Endeavours in any way to impede or hinder the 
 
 saving of such ship, boat, cargo, apparel, or 
 
 wreck ; or 
 
 (3.) Secretes any wreck, or obliterates or defaces any 
 
 marks thereon ; 
 
 Shall, in addition to any other penalty or punishment he 
 
 may be subject to under this or any other Act or law, for 
 
 each such offence incur a penalty not exceeding fifty 
 
 pounds ; and every person, not being a Receiver or a 
 
 person hereinbefore authorised to take the command in 
 
 cases of ships being stranded or in distress, or not acting 
 
 under the orders of such Receiver or person, who, without 
 
 the leave of the master, endeavours to board any such 
 
 ship or boat as aforesaid, shall for each offence incur a 
 
 penalty not exceeding fifty pounds ; and it shall be lawful 
 
 for the master of such ship or boat to repel by force any 
 
 Buch person so attempting to board the same. 
 
17 & 18 VICT. CAP. 104. 235 
 
 479. If any person takes into any foreign port or place ggcTs. 479 
 any ship or boat stranded, derelict, or otherwise in distress 480. 
 
 on or near the shore of the sea or of any tidal water situate 
 
 within the limits of the United Kingdom, or any part of Penalty for 
 the cargo or apparel thereof, or anything belonging thereto, ^^ek in 
 or any wreck found within such limits as aforesaid, and foreign 
 there sells the same, he shall be guilty of felony, and be ports. 
 subject to penal servitude for a term not exceeding four 
 
 years. 
 
 Dealers in Marine Stores and Manufacturers of AncJiors. Dealers in 
 
 Marine 
 
 480. Every person dealing in buying and selling anchors, Stores and 
 cables, sails, or old junk, old iron, or marine stores of any ^""^{"^f 
 description, shall conform to the following regulations ; Anchors. 
 (that is to say,) 
 
 (1.) He shall have his name, together with the words Regulations 
 "Dealer in Marine Stores," painted distinctly in *°^^^ij'^j" 
 letters of not less than six inches in length on dealers in 
 every warehouse or other place of deposit belong- marine 
 ing to Hm ; _ «*<»'«^- 
 
 If he does not he shall incur a penalty not 
 exceeding twenty pounds : 
 (2.) He shall keep a book or books, fairly written, and 
 shall enter therein an account of all such marine 
 stores as he may from time to time become pos- 
 sessed of, stating, in respect of each article, the 
 time at which and the person from whom he 
 purchased or received the same, adding, in the 
 case of every such last-mentioned person, a de- 
 scription of his business and place of abode ; 
 If he does not he shall incur for the first offence 
 a penalty not exceeding twenty pounds, and 
 for every subsequent offence a penalty not 
 exceeding fifty pounds : 
 (3.) He shall not, by himself or his agents, purchase 
 marine stores of any description from any person 
 apparently under the age of sixteen years ; 
 
 If he does so he shall incur for the first offence 
 
 a penalty not exceeding five pounds, and 
 
 for every subsequent offence a penalty not 
 
 exceeding twenty pounds : 
 
 (4.) He shall not cut up any cable, or any similar article, 
 
 exceeding five fathoms in length, or unlay the 
 
 same into twine or paper stuff', on any pretence 
 
 whatever, without obtaining such permit and 
 
 publishing such notice of his having so obtained 
 
 the same as is herein-after mentioned ; 
 
 If he does so he shall incur for the first offence 
 
 a penalty not exceeding twenty pounds, and 
 
236 
 
 APPEKDIX. 
 
 Sects. 481, for every subsequent offence a penalty not 
 
 48S. exceeding fifty pounds. 
 
 481. In order to obtain such permit as aforesaid a dealer 
 ^teSn°^ in marine stores sliall make a declaration before some 
 permit to justice of the peace having jurisdiction over the place 
 cut up where such dealer resides containing the following par- 
 
 cables, ticulars ; (that is to say,) 
 
 (1.) A statement of the quality and description of the 
 cable or other like article about to be out up or 
 unlaid : 
 (2.) A statement that he purchased or otherwise acquired 
 the same bond fide and without fraud, and with- 
 out any knowledge or suspicion that the same 
 had been come by dishonestly : 
 (3.) A statement of the name and description of the 
 person from whom he purchased or received the 
 same : 
 And it shall be lawful for the justice before whom any 
 such declaration is made, or for the Receiver of the dis- 
 trict in which such dealer in marine stores resides, upon 
 the production of any such declaration as aforesaid, to 
 grant a permit authorising him to cut up or unlay such 
 cable or other like article. 
 Permit to be 482. No dealer in marine stores who has obtained such 
 betor'e'^^'^ permit as aforesaid shall proceed by virtue thereof to cut 
 dealer pro- "P °^ unlay any cable or other like article until he has for 
 ceeds to act the space of one week at the least before doing any such 
 thereon. act pubHshed in some newspaper published nearest to the 
 place where he resides one or more advertisements notify- 
 ing the fact of his having so obtained a permit, and speci- 
 fying the nature of the cable or other article mentioned in 
 the permit, and the place where the same is deposited, and 
 the time at which the same is intended to be so cut up or 
 unlaid ; and if any person suspects or believes that such 
 cable or other article is his property, he may apply to any 
 justice of the peace for a warrant ; and such justice of the 
 peace may, on the applicant making oath, or, if a, person 
 entitled to make an affirmation, making an affirmation in 
 support of such his suspicion or belief, grant a warrant by 
 virtue whereof the applicant shall be entitled to require 
 the production by such dealer as aforesaid of the cable or 
 other article mentioned in the permit, and also of the 
 book of entries hereinbefore directed to be kept by every 
 dealer in marine stores ; and, upon such cable or other 
 article and book of entries being produced, to inspect and 
 examine the same ; and if any dealer in marine stores 
 makes default in complying with any of the provisions of 
 this section, he shall for the first offence incur a penalty 
 not exceeding twenty pounds, and for every subsequent 
 offence a penalty not exceeding fifty pounds. 
 
17 & ]8 VICT. CAP. 104. 237. 
 
 483. Every manufacturer of anchors shall, in case of sects. 483— 
 each anchor which he manufactures, mark in legible cha- 486. 
 
 racters on the crown and also on the shank under the 
 
 stock his name or initials, with the addition of a pro- J'™"^'''"'" 
 gressive number and the weight of such anchor ; and if he piaoe'marks 
 makes default in doing so he shall for each offence incur a on anchors, 
 penalty not exceeding five pounds. 
 
 Salvage by Her ilajesty^s SJdps. 
 
 484. In cases where salvage services are rendered by Salvage by 
 any ship belonging to her Majesty or by the commander H. M.'s Sk ips. 
 or crew thereof, no claim shall be made or allowed for any jfg claim for 
 loss, damage, or risk thereby caused to such ship, or to salvage ser. 
 the stores, tackle, or furniture thereof, or for the use of ^oes to be 
 any stores or other articles belonging to her Majesty Jgg'i^^^ijf 
 supplied in order to effect such services, or for any other loss or rii.k 
 expense or loss sustained by her Majesty by reason of o£ her Ma- 
 such services. jesty's ships 
 
 485. No claim whatever on account of any salvage ser- °' P"^"?^"^ ^'■ 
 vices rendered to any ship or cargo or to any appurtenances Claims for 
 of any ship by the commander or crew or part of the crew her'naje^ 
 of any of her Majesty's ships shall be finally adjudicated ty's oflcers 
 upon unless the consent of the Admiralty has first been not to be 
 obtained, such consent to be signified by writing under the ^^itii^t'' 
 hand of the Secretary to the Admiralty ; and if any person consent of 
 who has originated proceedings in respect of any such Admiralty. 
 claim fails to prove such consent to the satisfaction of the 
 
 Court, his suit shall stand dismissed and he shall pay all 
 the costs of such proceedings ; provided that any document 
 purporting to give such consent and to be signed by the 
 Secretary to the Admiralty shall be primd facie evidence 
 of such consent having been given. 
 
 486. Whenever services for which salvage is claimed are Steps to be 
 rendered to any ship or cargo, or to any part of any ship t^^on when 
 or caj-go, or to any appurtenances of any ship, at any place vices have 
 out of the United Kingdom and the four seas adjoining been ren- 
 thereto, by the commander or crew or part of the crew of deredbyher 
 any of her Majesty's ships, the property alleged to be salved ^^^ ^ ^ 
 shall, if the salvor is justified by the circumstances of the abroad, 
 case in detaining it at aU, be taken to some port where there 
 
 is either a consular officer or a Vice- Admiralty Court ; and 
 within twenty-four hours after arriving at such port the 
 said salvor and the master or other person in charge of the 
 property alleged to be salved shall each deliver to the 
 consular oflBoer or vice-admiralty judge there a statement 
 verified on oath, specifying, so far as they respectively 
 can, and so far as the particulars required apply to the 
 case, • 
 
 (1.) The place, condition, and circumstances in which the 
 
238 APPENDIX. 
 
 Sect. 486. said ship, cargo, or property was at the time when 
 
 the services were rendered for which salvage is 
 
 claimed : 
 
 (2. ) The nature and duration of the services rendered : 
 And the salvor shall add to his statement, 
 
 (3.) The proportion of the value of the said ship, cargo, 
 and property, and of the freight which he claims for 
 salvage, or the values at which he estimates the said 
 ship, freight, cargo, and property respectively, and 
 the several amounts that he claims for salvage in 
 respect of the same : 
 
 (4.) Any other circumstances he thinks relevant to the 
 said claim : 
 And the said master or other person in charge of the said 
 ship, cargo, or property shall add to his statement, 
 
 (3.) A copy of the certiticate of registry of the said ship, 
 and of the indorsements thereon, stating any charge 
 which (to his knowledge and belief) has occurred in 
 the particulars contained in such certificate ; and 
 stating also, to the best of his knowledge and belief, 
 the state of the title to the ship for the time being, 
 and of the incumbrances and certificates of mort- 
 gage or sale, if any, affecting the same, and the 
 names and places of business of the owners and 
 incumbrancers : 
 
 (4.) The name and place of business or residence of the 
 freighter (if any) of the said ship, and the freight to 
 be paid for the voyage she is then on : 
 
 (5.) A general account of the quantity and nature of the 
 cargo at the time the salvage services were rendered : 
 
 (6. ) The name and place of business or residence of the 
 owner of such cargo and of the consignee thereof : 
 
 (7. ) The values at which the said master estimates the 
 said ship, cargo and property, and the freight re- 
 spectively, or, if he thinks fit, in lieu of such esti- 
 mated value of the cargo, a copy of the ship's 
 manifest : 
 
 (8.) The amounts which the master thinks should be paid 
 as salvage for the services rendered : 
 
 (9.) An accurate list of the property saved, in cases where 
 the ship is not saved : 
 
 (10.) An account of the proceeds of the sale of the said 
 ship, cargo,' or property, in cases where the same or 
 any of them are sold at such port as aforesaid : 
 
 (11.) The number, capacities, and condition of the crew 
 of the said ship at the time the said services were 
 rendered : 
 
 (12.) Any other circumstances he thinks relevant to the 
 matters in question : 
 
 (13.) A statement of his willingness to execute a bond, 
 
17 & 18 VICT. CAP. 104. 239 
 
 in the form in the table marked W. in the schedule Seots. 487— t 
 hereto, in such amount as the said consular oiiicer 491. 
 or vice-admiralty judge may fix. 
 
 487. The said consular officer or judge, as the case may Consular 
 be, shall within four days after receiving the aforesaid officer or 
 statements fix the amount to be inserted in the said bond amoimt'for 
 at such sum as he thinks sufficient to answer the demand which a 
 for the salvage services rendered ; but such sum shall not bond is to be 
 exceed one half of the value which in his estimation the B'^en. 
 said ship, freight, and cargo, or any parts thereof in re- 
 spect of which salvage is claimed, are worth ; and the said 
 consular officer or judge may, if either of the aforesaid 
 statements is not delivered to him within the time hereby 
 required, proceed ex parte, but he shall in no case under 
 
 this Act require the cargo to be unladen ; and the said 
 consular officer may in any proceeding under this Act 
 relating to salvage take affidavits and receive affirma- 
 tions. 
 
 488. The said consular officer or judge shall send notice On master 
 of the sum which he has so fixed as aforesaid to the said ?^^ j"??* 
 salvor and the said master; and upon such master exe- rf^t of ^ 
 cuting a bond in such form as aforesaid, with the said sum detention 
 inserted therein, in the presence of the said officer or judge to cease. 
 (who shall attest the same), and delivering the same to tne 
 
 said salvor, the right of the said salvor to detain or retain 
 possession of the said ship, cargo, or property, or any of 
 them, in respect of the said salvage claim, shall cease. 
 
 489. If the ship, cargo, or property in respect of which Provision for 
 the claim for salvage is made is not owned by persons additional 
 domiciled in her Majesty's dominions, the right of the the'case of 
 salvor to detain or retain possession thereof shall not cease sliips owned 
 unless the master procures, in addition to the said bond, by persons 
 such security for the due performance of the conditions ^f^^jg™* °"' 
 thereof as the said officer or judge considers sufficient for Majesty's 
 the purpose, and places the same in the possession or dominions. 
 custody of the said officer or judge, or, if the salvor so 
 
 desires, in the possession or custody of the said officer or 
 judge jointly with any other person whom the said salvor 
 appoints for the purpose. 
 
 490. The said consular officer or judge shall at the earliest Documents 
 opportunity transmit the said statements and documents so to be sent 
 sent to him as aforesaid, and a notice of the sum he has *° England, 
 so fixed as aforesaid, to the High Court of Admiralty of 
 England, or if the said salvor and the said master or 
 
 other person in charge as aforesaid agree that the said 
 bond shall be adjudicated upon by any Vice-Admiralty 
 Court, to such court. 
 
 491. The said bond shall bind the respective owners of Whom the 
 the said ship, freight, and cargo, and their respective heirs, bond shall 
 executors, and administrators, for the salvage adjudged to ^"'■^- 
 
240 
 
 APPENDIX. 
 
 496. 
 
 Goui*t in 
 which it is 
 to be adjudi- 
 cated on. 
 
 Sects. 492— ^B payable in respect of the said sliip, freight and cargo 
 respectively. 
 
 492. The said bond shall be adjudicated on and enforced 
 by the High Court of Admiralty in England, or if the said 
 salvor and master at the time of the execution of the said 
 bond agree upon any Vice-Admiralty Court, then by 
 such Vice- Admiralty Court ; and any such Vice- Admiralty 
 Court may in every proceeding under this Act have and 
 exercise all powers and authorities whatsoever which the 
 said High Court of Admiralty now has or at any time may 
 have in any proceeding whatsoever before it ; and in cases 
 where any security for the due performance of the con- 
 ditions of the said bond has been placed in the possession 
 or custody of the said consular officer or vice-admiralty 
 judge or of such officer or judge jointly with any other 
 person, the person or persons having the custody of such 
 security shall respectively deal with the same in such 
 manner as the court that adjudicates on the bond directs. 
 Power of 493. The said High Court of Admiralty shall have power 
 
 High Court to enforce any bond given in pursuance of this Act in any 
 ral^ to'en- ^ic^- Admiralty Court in any part of her Majesty's domi- 
 force bonds, lions ; and all coixrts in Scotland, Ireland, and the island^ 
 of Jersey, Guernsey, Alderney, Sark, and Man, exercising 
 Admiralty jurisdiction shall, upon application, aid and 
 assist the High Court of Admiralty in enforcing the said 
 bonds. 
 
 494. Any such salvor as aforesaid of any ship, cargo, or 
 property who elects not to proceed under this Act shall 
 have no power to detain the said ship, cargo, or pro- 
 perty, but may proceed otherwise for the enforcement of 
 his salvage claim as if this Act had not been passed ; and 
 nothing in this Act contained shall abridge or affect the 
 rights of salvors, except in the cases by it provided for. 
 
 495. All bonds, statements, agreements, and other docu- 
 ments made or executed in pursuance of the eighth part of 
 this Act shall, if so made or executed out of the United 
 Kingdom, be exempt from stamp duty. 
 
 496. Every person who, in any proceeding under pro- 
 visions contained in the eighth part of this Act relating to 
 
 epresenta- Salvage by her Majesty's ships, forges, assists in forging, or 
 tions. procures to be forged, fraudulently alters, assists in fraudu- 
 
 lently altering, or procures to be fraudulently altered, any 
 document, and every person who in any such proceeding 
 puts off or makes use of any such forged or altered docu- 
 ment, knowing the same to be so forged or altered, or who 
 in any such proceeding gives or makes, or assists in giving 
 or making, or procures to be given or made, any false evi- 
 dence or representation, knowing the same to be false, 
 shall be punishable with imprisonment, with or without 
 hard labour, for any period not exceeding two years, or, if 
 
 Saving 
 
 Documents 
 free from 
 duty. 
 
 Punishment 
 for forgery 
 and false 
 
17 & 18 VICT. CAP. 104. 241 
 
 summarily prosecuted and convicted, by imprisonment, sects. 497, 
 with or without hard labour, for any period not exceeding 498. 
 six mouths ((/). 
 
 Salvage, General. 
 
 497. Whenever services for which salvage is claimed are SalvaiK, 
 rendered either by the commander or crew or part o£ the (fienerai). 
 crew of any of her Majesty's ships, or of any other ship, voluntary 
 and the salvor voluntarily agrees to abandon his lien upon agreement 
 the ship, cargo, and property alleged to be salved, upon maybe 
 the master or other person in charge thereof entering into ^^11° ha™ 
 a written agreement attested by two witnesses to abide the same 
 the decision of the said High Court of Admiralty or of any efifeot as the 
 Vice- Admiralty Court, and thereby giving security in that bond abo^ 
 behalf to such amount as may be agreed on by the parties "^^ """* 
 to the said agreement, such agreement shall bind the said 
 
 ship and the said cargo and the freight payable therefor 
 respectively, and the respective owners of the said ship, 
 freight, and cargo for the time being, and their respective 
 heirs, executors, and administrators, for the salvage which 
 may be adjudged to be payable in respect of the said ship, 
 cargo, and freight respectively to the extent of the security 
 so given as aforesaid, and may be adjudicated upon and 
 enforced in the same manner as the bonds provided for by 
 the eighth part of this Act, in the case of detention for 
 salvage services rendered by her Majesty's ships ; and upon 
 such agreement being made the salvor and the master or 
 other person in charge as aforesaid shall respectively make 
 such statements as are hereinbefore required to be made 
 by them in case of a bond being given, except that such 
 statements need not be made upon oath ; and the salvor, 
 shall, as soon as practicable, transmit the said agreement 
 and the said statements to the court in which the said 
 agreement is to be adjudicated upon. 
 
 498. Whenever the aggregate amount of salvage payable Powers for 
 in respect of salvage services rendered in the United King- courts 
 dom has been finally ascertained, and exceeds two hun- ^™f,, 
 dred pounds, and whenever the aggregate amount of sal- jurisdiction 
 vage payable in respect of salvage services rendered to apportion 
 elsewhere has been finally ascertained, whatever such salvage. 
 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 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 such apportionment into effect, and 
 may compel any person in whose hands or under whose 
 
 (g) See as to remuneration of Coast Guard, 18 k 19 Vict. c. 91, s. 20. 
 
242 APPENDIX. 
 
 Sects. 4S9- control such amoiint may be to distribute the same, or to 
 501. ' bring the same into court, to be there dealt with as the 
 
 court may direct, and may for the purposes aforesaid issue 
 
 such monitions or other processes as it thinks fit. 
 
 Miwellaneous. 
 
 Miscella- 499. All wreck, being foreign goods brought or coming 
 iieom. into the United Kingdom or the Isle of Man, shall be sub- 
 ForeTiT J®"* *° *^® same duties as if the same were imported into 
 goods found the United Kingdom or the Isle of Man respectively ; and 
 derelict to if any question arises as to the origin of such goods, 
 be subject they shall be deemed to be the produce of such country 
 duties as'on ^^ ^^^ Commissioners of Customs may upon investigation 
 importa- determine. 
 
 t'"". 500_ TJie Commissioners of Customs and Excise shall 
 
 Goods saved permit all goods, wares, and merchandise saved from any 
 from ships sjjjp stranded or wrecked on its homeward voyage to be 
 Ite forward- forwarded to the port of its original destination, and all 
 ed to the goods, wares, and merchandise saved from any ship 
 ports of stranded or wrecked on its outward voyage to be returned 
 nal desUmi- *° ^^® ?"''*' ^* which the same were shipped ; but such 
 tion. commissioners are to take security for the due protection 
 
 of the revenue in respect of such goods, wares, and mer- 
 chandise. 
 Provision as 501. AU matters and things that may in pursuance of 
 to certain the eighth part of this Act be done by or to any justice, 
 ?' t^ 'rt °'' ^"y *™^° justices, may in Scotland be done also by or to 
 " " °''^ ■ the sheriff of the county, including the sheriff substitute ; 
 and the expression ' ' lord or lady of a manor " shall in the 
 eighth part of this Act, so far as regards Scotland, include 
 ' ' heritable proprietor duly infef t. " / 
 
 18 & 19 VICT. Cap. 91. 
 
 An Act to facilitate the Erection and Maintenance 
 of Colonial Lighthouses, and otherwise to amend 
 the Merchant Shipping Act, 1854. 
 
 [14th August, 1855.] 
 
 Wreckt, 19. Whenever any articles belonging to or forming part 
 < ^rf^s";" ""' °^ ^^^ foreign ship which has been wrecked on or near the 
 ^avage. (.Qj^gjg q£ the United Kindom, or belonging to or forming 
 Part VIII. part of the cargo thereof, are found on or near such coasts, 
 of Merchant or are brotight into any port in the United Kingdom, the 
 Act'^?864 consul general of the country to which such ship, or in the 
 
25 & 26 VICT. CAP. 63. 24:i 
 
 case of cargo, to -which the owners of such cargo, may gj.,^ ^^ 
 have belonged, or any consular officer of such country 
 
 Guard. 
 
 authorized in that behalf by any treaty or agreement with In case of 
 such country, shall in the absence of the owner of such ?""s?'^ °i 
 ship or articles, and of the master or other agent of the ghip^ consul 
 owner, be deemed to be the agent of the owner, so far as general to 
 relates to the custody and disposal of such articles. '^^ deemed 
 
 20. In cases where services are rendered by officers or q^™ j" 
 men of the Coast Guard Service in watching or protecting ^^ ^ 
 shipwrecked property, then, unless it can be shown that (.j^^ (^,i, g^,,.. 
 such services have been declmed by the owner of such pro- vices by 
 perty or his agent at the time they were tendered, or that Coast 
 salvage has been claimed and awarded for such services, '"'""' 
 the owner of tlie shipwrecked property shall pay in respect 
 of the said services remuneration according to a scale to be 
 fixed by the Board of Trade, so, however, that such scale 
 shall not exceed any scale by which payment to officers 
 and men of the Co;vst Guard for extra duties in the ordi- 
 nary service of the Commissioners of Customs is for the 
 time being regulated ; and such remuneration shall be re- 
 coverable 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 appointed under the Merchant 
 Shipping Act, 1854. 
 
 25 & 26 VICT. Cap. 63. 
 
 An Act to amend the Merchant Sliipping Act, 
 1 854 ; the jNIerchant Shipping Amendment Act, 
 1855; and the Customs ConsoHdation Act, 1853. 
 
 [26 July, 1862. 
 
 Wreck and SaUage {Part, VIII. of Merchant Shipping 
 Act, 1854). 
 
 49. The provisions contained in the eighth part of the Wrtck a-nd 
 principal Act for giving summary jurisdiction to t«o Saliiage. 
 justices in salvage cases, and for preventing unnecessary Extension 
 appeals and litigation in such cases, shall be amended as and amend- 
 foilows ; (that is to say, ) "lent of 
 
 (1.) Such provision shall extend to aU cases in which l"™a"i^yo„ 
 the value of the property saved does not exceed one jn small sal- 
 thousand pounds, as well as the cases provided for vage oaac.i. 
 by the principal Act : 
 (2.) Such provisions shall be held to apply whether the 
 
 p. 2 
 
244 APPENDIX. 
 
 Sects. 50 salvage service has been rendered 'within the limits 
 
 61. ' of the United Kingdom or not : 
 
 (3.) It shall be lawful for one of her Majesty's principal 
 
 Secretaries of State, or in Ireland for the Lord Lieu- 
 tenant or other chief governor or governors, to 
 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, it shall be lawful 
 for the salvors, by writing addressed to the j nstice's 
 clerk, to name one justice, and for the owner of 
 the property saved in like manner to name the other : 
 (5.) If either party fails to name a justice within a rea- 
 sonable time, the case may be tried by two or more 
 justices at petty sessions : 
 (6.) It shall be competent for any stipendiary magistrate, 
 and also in England for any county court judge, 
 in Scotland for the sheriflf or sheriif substitute of 
 any county, and in Ireland for the recorder of any 
 borough in which there is a recorder, or for the 
 chairman of quarter sessions in any county, to exer- 
 cise the same jurisdiction in salvage cases as is given 
 to two justices : 
 (7.) It shall be lawful for one of her Majesty's principal 
 Secretaries of State to determine a scale of costs to 
 be awarded in salvage cases by any such justices or 
 court as aforesaid : 
 (8. ) All the provisions of the principal Act 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 the principal Act or this Act, or botli 
 of such Acts. 
 BecelTor 50. Whenever any salvage question arises the Receiver 
 
 "valuer iiT* °^ wreck for the district may, upon application from either 
 salvage "f the parties, appoint a valuer to value the property in 
 ciises. respect of which the salvage claim is made, and shall, 
 
 when the valuation has been returned to him, give a copy 
 of the valuation to both parties ; and any copy of such 
 valuation, purporting to be signed by the valuer, and to be 
 attested by the Receiver, shall be received in evidence in 
 any subsequent proceeding ; and there shall be paid in 
 respect of such valuation, by the party applying for the 
 same, such fee as the Board of Trade may direct. 
 Jurisdiction 51. The words "court of session" in the four hundred 
 of Court of and sixty-eighth section of the principal Act shall be 
 *'.'f^'°" "^ deemed to mean and include either division of the Court of 
 cisesf ^ Session or the lord ordinary oificiating on the bills during 
 
 vacation. 
 
25 & 26 VICT. CAP. 63. 245 
 
 52. Upon delivery of wreck or of tlie proceeds of wreck sects. 52 53. 
 by auy Keoeiver to any person in pursuance of the pro- 
 
 visions of the eighth part of the principal Act, such Delivery of 
 Receiver shaU be discharged from all liability in respect wreck by 
 thereof, but such delivery shall not be deemed to preju- j^, prejudice 
 dice or-affect any question concerning the right or title to title. 
 the said wreck which may be raised by third parties, nor 
 shall any such delivery prejudice or affect any question 
 concerning the title to the soil on which the wreck may 
 have been found. 
 
 5H. Whereas by the principal Act it is provided that the Crown 
 proceeds of wreck, if the same is not claimed by the owner rigMs to 
 within a year, and if no person other than her Majesty, 
 her heirs and successors, is proved to be entitled thereto, 
 shall, subject to certain deductions, be paid into the receipt 
 of her Majesty's exchequer in such manner as the Commis- 
 sioners of the Treasury may direct, and that the same shall 
 be carried to and form part of the Consolidated Fund of 
 the United Kingdom : 
 
 And whereas doubts have been entertained whether the 
 said last-recited provision is consistent with the arrange- 
 ments concerning the hereditary revenues of the Crown 
 effected by the Act of the first year of her present Majesty, 
 chapter two : And whereas doubts have been entertained 1 Viet. c. 2. 
 whether due provision is made by the said Act for paying 
 to the revenues of the Duchies of Lancaster and Cornwall 
 respectively such of the said proceeds as may belong to 
 those duchies : 
 
 It is hereby declared, that such of the said proceeds of 
 wreck as belong to her Majesty in right of her Crown 
 shall, during the life of her present Majesty (whom God 
 long preserve), be carried to and form part of the Consoli- 
 dated Fund of the United Kingdom, and shall after the 
 decease of her present Majesty (whom God long pre- 
 serve) be payable and paid to her Majesty's heirs and 
 successors : 
 
 And it is hereby further declared, that such of the said 
 proceeds of wreck as belong to her Majesty in right of 
 her Duchy of Lancaster shall be paid to the Receiver- 
 General of the said duchy or his sufficient deputy or de- 
 puties as part of the revenues of the said duchy, and be 
 dealt with accordingly : 
 
 And it is hereby further declared and enacted, that the 
 provision in the principal Act contained regarding the sale 
 of unclaimed wreck to which no owner establishes his 
 claim within the period of one year, and to which no 
 admiral, vice-admiral, lord of any manor, or person other 
 than her Majesty, her heirs and successors, is proved to 
 be entitled, is intended and shall be construed to apply to 
 wreck of the sea belonging to her Majesty, her heirs and 
 
246 APPENDIX. 
 
 SEoia. 1, 2. successors, in respect of the Duchy of Cornwall, or to the 
 
 ' Duke of Cornwall for the time being in respect of his 
 
 Duchy of Cornwall : but that the proceeds of such wreck 
 shall, subject to such deductions as are in the same Act 
 mentioned, form part of the revenues of the Duchy of 
 Cornwall, and be dealt with accordingly. 
 
 3 & 4 VICT. Cap. 65. 
 
 An Act to improve the Practice and extend the 
 Jurisdiction of the High Court of Admiralty of 
 England. [7th August, 1840. 
 
 Whereas the j u risdiction of the High Court of Admiralty 
 of England may be in certain respects advantageously ex- 
 tended, and the practice thereof improved : Be it therefore 
 enacted by the Queen's most Excellent Majesty, by and 
 with the advice and consent of the Lords Spiritual and 
 Temporal, and Commons, in this present Parliament assem- 
 bled, and by the authority of the same : That it shall be 
 Dean of lawful for the Dean of the Arches for the time being, to be 
 Arches to assistant to and to exercise all the power, authority, and 
 otCmrt at ° jurisdiction, and .to have all the privileges and protections 
 Admiralty of the judge of the said High Court of Admiralty, with 
 in certain respect to all suits and proceedings in the said court, and 
 cases. ^]jg_^ aj2 a^gj^ g^jts and proceedings, and all things relating 
 
 thereto, brought or taking place before the Dean of the 
 Arches, whether the judge of the said High Court of Admi- 
 ralty be or be not at the same time sitting or transacting the 
 business of the same court, and also during any vacancy of 
 the oflBce of judge of the said court, shall be of the same force 
 and effect in all respects as if the same had been brought 
 or had taken place before the judge himself, and all such 
 suits and proceedings shall be entered and registered as 
 having been brought and as having taken place before the 
 Dean of the Arches sitting for the judge of the High Court 
 of Admiralty. 
 Advocates, 2. And be it declared and enacted. That all persons who 
 surrogates, jjgw are or at any time hereafter may be entitled to prac- 
 of COTirt 0?^ *^^^ "^ advocates in the Court of Arches are and shall be 
 Arches to be entitled to practise as advocates in the said High Court of 
 admitted in Admiralty ; and that all persons who now are or hereafter 
 Court of jjjg^y ^g entitled to act as surrogates or proctors in the 
 mira y. q^^j.). ^^ Arches shall be entitled respectively to practise 
 and act, or to be admitted to practise and act, as the case 
 may be, as surrogates and proctors in the said High Court 
 
3 & 4 VICT. CAP. 65. 247 
 
 of Admiralty, according to the rules and practice, now gEojg 3_g; 
 
 prevailing and observed or hereafter to be made in and by 
 
 the said High Court of Admiralty touching the admission 
 and practising of advocates, surrogates and proctors in the 
 said court respectively. 
 
 3. And be it enacted, that after the passing of this Act, Whenever j. 
 whenever any ship or vessel shall be under arrest by pro- ™»sel aliall 
 cess issuing from the said High Court of Admiralty, or the g,. pro^'^'^g 
 proceeds of any ship or vessel having been so arrested shall brought into 
 have beea brought into and be in the registry of the said Keffistry, 
 court, in either such case the said court shall have full J^ Court to 
 jurisdiction to take cognizance of all claims and causes of diction over 
 action of any person in respect of any mortgage of such claims of 
 ship or vessel, and to decide any suit instituted by any mortgagees. 
 such person in respect of any such claims or causes of action 
 respectively {h). 
 
 4. And be it enacted, That the said (3ourt of Admiralty Court to 
 shall have jurisdiction to decide all questions as to the decide ques- 
 title to or ownership of any ship or vessel, or tlie proceeds titi"^^ ^u 
 thereof remaining in the registry, arising in any cause of causes of 
 possession, salvage, damage, wages, or bottomry, which possession, 
 shall be instituted in the said court after the passing of salvage, Ac. 
 this Act (i). 
 
 Sect. 5 is repealed by 9 & 10 Vict. c. 99. 
 
 6. And be it enacted, That the High Court of Admi- The Court, 
 ralty shall have jurisdiction to decide all claims and iu certain 
 demands whatsoever in the nature of salvage for services ^dludiraite 
 rendered to or damage received by any ship or sea-going on claims 
 vessel, or in the nature of towage, or for necessaries sup- for services 
 plied to any foreign ship or sea-going vessel, and to enforce *""* n^<"53- 
 the payment thereof, whether such ship or vessel may have although 
 been within the body of a county, or upon the high seas, at not on the 
 the time when the services were rendered or damage re- ^^g^ ^^as. 
 ceived, or necessaries furnished, in respect of which such 
 
 claim is made. 
 
 7. And .be it enacted. That in any suit depending in the Evidence 
 said High Court of Admiralty, the Court (if it shall think ™^^^;^j 
 fit) may summon before it and examine or cause to be ^^^^ jj^ (,p(j„ 
 examined witnesses by word of mouth, and either before or Court, 
 after examination by deposition, or before a Commissioner, 
 
 as herein-after mentioned ; and notes of such evidence 
 shall be taken down in writing by the judge or Registrar, 
 or by such other person or persons, and in such manner, as 
 the judge of the said court shall direct. 
 
 8. And be it enacted, That the said court may, if it ^'2'^°^"™ 
 
 shall think fit, in any such suit issue one or more special ^^^^ °i„a 
 
 commissions to some person, being an advocate of the said voce before' 
 
 High Court of Admiralty of not less than seven years a Commis- 
 o •> " sioner, 
 
 (k) See abo 24 Vict. o. 10, s. 25. 
 (i) Extended by Ibid. a. 8. 
 
248 APPENDIX. 
 
 Sbcts.S— 11. standing, or a tanister at law of not less than seven years 
 
 ■ — standing, to take evidence by word of mouth, upon oath, 
 
 which every such Commissioner is hereby empowered to 
 administer, at such time or times, place or places, and as 
 to such fact or facts, and in such manner, order, and 
 course, and under such limitations and restrictions, and to 
 transmit the same to the registry of the said court, in such 
 form and manner as in and by the commission shall be 
 directed j and that such Commissioner shall be attended, 
 and the witnesses shall be examined, cross-examined, and 
 re-examined by the parties, their counsel, proctors, or 
 agents, if such parties, or either of them, shall think iit so 
 to do ; and such commission shall, if need be, make a 
 special report to the court touching such examination, and 
 the conduct or absence of any witness or other person 
 thereon or relating thereto ; and the said High Court of 
 Admiralty is hereby authorised to institute such proceed- 
 iugs, and make such order or orders, upon such report, as 
 justice may require, and as may be instituted or made in 
 any case of contempt of the«Baid court. 
 Attendance 9. And be it enacted, That it shall be lawful in any suit 
 of witni^Bses depending in the said Court of Admiralty, for the judge of 
 •tton ^^ ' the said court, or for any such commissioner appointed in 
 piipers may pursuance of this Act, to require the attendance of any 
 be com- witnesses, and the production of any deeds, evidences, 
 pelled by books, or writings, by writ, to be issued by such judge or 
 commissioner in such and the same form, or as nearly as 
 may be, as that in which a writ of subpoena ad testifican- 
 dum, or of the subpoena duces tecum, is now issued by her 
 Majesty's Court of Queen's Bench at Westminster ; and 
 that every person disobeying any such writ so to be issued 
 by the said judge or Commissioner shall be considered as in 
 contempt of the said High Court of Admiralty, and may 
 be punished for such contempt in the said court. 
 Provisions 10. And be it enacted, That all the provisions of an Act 
 of 3 ffi 4 passed in the fourth year of the reign of his late Majesty, 
 extended^' ™tituled "An Act for the further Amendment of the Law, 
 to Court of and better Administration of Justice," with respect to the ad- 
 Admiralty, missibility of the evidence of witnesses interested on account 
 of the verdict or judgment, shall extend to the admissi- 
 bility of evidence in any suit pending in the said Court of 
 Admiralty, and the entry directed by the said Act to be 
 made on the record of judgment shall be made upon the 
 document containing the final sentence of the said court, 
 and shall have the like effect as the entry on such record. 
 Power to 11. And be it enacted, That in any contested suit de- 
 
 5**™°* pending in the said Court of Admiralty the said court shall 
 
 have power, if it shall think tit so to do, to direct a trial 
 by jury of any issue or issues on any question or questions 
 of fact arising in any such suit, and that the substance and 
 
3 & 4 VICT. CAP. 65. 249 
 
 form of such issue or issues shall be specified by the judge g^cTs. 12— 
 of the said court at the time of dii-eotiug the same; and if 16. 
 
 the parties differ iu drawing such issue or issues, it shall 
 
 be referred to the judge of the said court to settle the same ; 
 and such trial shall be had before some judge of her 
 Majesty's superior courts of Common Law at Westminster, 
 at the sittings at Nisi Prius in London or Middlesex, or 
 before some judge of assize at Nisi Prius, as to the said 
 court shall seem fit. 
 
 12. And be it enacted. That the costs of such issues, or Costs of 
 of such commission as aforesaid, as the judge of the said issues and 
 High Court of Admiralty shall under this Act direct, shall °°o™o be 
 be paid by such party or pai'ties, person or persons, and be in the dis- 
 taxed by the Registrar of the said High Court of Admiralty, cretion of 
 in such manner as the said judge shall direct, and that *''^ Court. 
 payment of such costs shall be enforced in the same 
 manner as costs between party and party may be enforced 
 
 in other proceedings in the said court. 
 
 13. A nd be it enacted. That the said Court of Admiralty, Power to 
 upon application to be made within three calendar months direct new 
 after the trial of any such issue by any party concerned, ™^^^- 
 may grant and direct one or more new trials of any such 
 
 issue, and may order such new trial to take place in the 
 manner hereinbefore directed with regard to the first trial 
 of such issue, and may by order of the same court direct 
 such costs to be paid as to the said court shall seem tit 
 upon any application for a new trial, or upon any new 
 trial, or second or other new trial, and may direct by 
 whom and to whom and at what times and in what 
 manner such costs shall be paid. 
 
 14. And be it enacted. That the granting or refusing to Granting or 
 grant an issue, or a new trial of any such issue, may be refusing 
 matter of appeal to her Majesty in Council. °'^Tt*"''f' 
 
 15. And be it enacted, That at the trial of any issue appeal. 
 directed by the said High Court of Admiralty, either party ^jjj^ ^^ ^^ 
 shall have all the like powers, rights and remedies with captions to 
 respect to biUs of exceptions as parties impleaded before be allowed 
 justices may have, by virtue of the statute made in that ?" '"^'^ °* 
 behalf in the thirteenth year of the reign of King Edward 
 
 the First, with respect to exceptions alleged by them before 
 such justices, or by any other statute made in the like 
 behalf ; and every such bill of exceptions, sealed with the 
 seal of the judge or judges to whom such exceptions shall 
 have been made, shall be annexed to the record of the trial 
 of the said issue. 
 
 16. And be it enacted. That the record of the said issue. Record of 
 and of the verdict therein, shall be transmitted by the ^0 issue to 
 associate or other proper officer to the Registrar of the said mittod to 
 Court of Admiralty ; and the verdict of the jury upon any tbe Oonrt of 
 8Uoh issue (unless the same shall be set aside; shall be con- Admiralty. 
 
250 
 
 APPENDIX. 
 
 Sects. 17, 18. 
 
 Provisions 
 of 2 & 3 Wm. 
 4, c. 92, as to 
 appeals to 
 apply to 
 suits in 
 Court o£ 
 Admiral ty 
 under this 
 Act. 
 
 3 & 4 "Wm. 4, 
 c. 41, to 
 apply In 
 same man- 
 ner. 
 
 Certified 
 notes of 
 evidence 
 taken may 
 be admitted 
 on appeal. 
 
 Power for 
 Judge of 
 Admiralty 
 to make 
 rules of 
 Court, 
 
 elusive upon the said court, and upon all such persons ; 
 and in all further proceedings in the cause in which such 
 fact is found the said court shall assume such fact to be as 
 found by the jury. 
 
 17. And be it enacted, That every person who, if this 
 Act had not been passed, might have appealed and made 
 suit to her Majesty in Council against any proceeding, 
 decree, or sentence of the said High Court of Admiralty 
 imder or by virtue of an Act passed in the third year of 
 the reign of his late Majesty, intituled "An Act for trans- 
 ferring the Powers of the High Court of Delegates, both in 
 Ecclesiastical and Maritime Causes, to his Majesty in 
 Council," may in like manner appeal and make suits to her 
 Majesty in Council, against the proceedings, decrees, and 
 sentences of the said court in all suits instituted and pro- 
 ceedings had in the same by virtue of the provisions of this 
 Act, and that all the provisions of the said last-meutioned 
 Act shall apply to all appeals and suits against the pro- 
 ceedings, decrees, and sentences of the said court in suits 
 instituted and proceedings had by virtue of the provisions 
 of this Act ; and such appeals and suits shall be proceeded 
 in in the manner and form provided by an Act passed in 
 the fourth year of the reign of his late Majesty, intituled 
 " An Act for the better Administration of Justice in his 
 Majesty's Privy Council ;" and all the provisions of the 
 said last-mentioned Act relating to appeals and suits from 
 the High Court of Admiralty shall be applied to appeals 
 and suits from the said court in suits instituted and pro- 
 ceedings had by virtue of the provisions of this Act : Pro- 
 vided always, that in any such appeal the notes of evidence 
 taken as hereinbefore provided by or under the direction 
 of the judge of the said High Court of Admiralty shall be 
 certified by the said judge to her Majesty in Council, and 
 shall be admitted to prove the oral evidence given in the 
 said Court of Admiralty, and that no evidence shall be 
 admitted on such appeal to contradict the notes of evidence 
 BO taken and certified as aforesaid, but this proviso shall 
 not enure to prevent the judicial committee of the Privy 
 Council from directing witnesses to be examined and 
 re-examined upon such facts as to the committee shall 
 seem fit, in the manner directed by the last recited 
 Act. 
 
 18. And be it enacted. That it shall be lawful for the 
 judge of the said High Court of Admiralty from time to 
 time to make such rules, orders, and regulations respecting 
 the practice and mode of proceeding of the said court, and 
 the conduct and duties of the officers and practitioners 
 therein, as to him shall seem fit, and from time to time to 
 repeal or alter such rules, orders, or regulations : Provided 
 always, that no such rules, orders, or regulations shall be 
 
3 & 4 VICT. CAP. 65. 251 
 
 of any force or eifect until the same shall have been ap- seots. 19— 
 proved by her Majesty in Council. 24. 
 
 19. And it shall be declared and enacted, That no action 
 
 shall lie against the judge of the said High Court of Ad- 5 Thrjudgo 
 miralty for error in judgment, and that the said judge of the Court 
 shall be entitled to and have all privileges and protections of Admi- 
 iu the exercise of his jurisdiction as judge of the said court ralty. 
 which by law appertain to the judges of her Majesty's 
 superior courts of common law in the exercise of their 
 several jurisdictions. 
 
 . 20. And be it enacted, That the keeper for the time Gaolers to 
 being of every common gaol or prison shall be bound to receive pri- 
 receive and take into his custody all persons who shall be lilted by"' 
 committed thereunto by the said Court of Admiralty, or the Court of 
 who shall be committed thereunto by any coroner ap- Admiralty 
 pointed by the judge of the said Court of Admiralty, upon ^j^Stv'^" 
 any inquest taken within or upon the high seas adjacent to coroners. 
 the county or other jurisdiction to which such gaol or 
 prison belongs ; and every keeper of any gaol or prison who 
 shall refuse to receive into his custody any person so com- 
 mitted, or wilfully or carelessly suffer such person to 
 escape and go at large without lawful warrant, shall be 
 liable to the like penalties and consequences as if such 
 person had been committed to his custody by any other 
 lawful authority. 
 
 21. And be it enacted. That it shall be lawful for the Prisoner in 
 judge of the said High Court of Admiralty to order the contempt 
 discharge of any person who shall be in custody for con- Sg^iia,reed 
 tempt of the said court, for any cause other than for non- 
 payment of money, on such conditions as to the judge 
 
 shall seem just : Provided always, that the order for such 
 discharge shall not be deemed to have purged the original 
 contempt in case the conditions on which such order shall 
 be made be not fulfilled. 
 
 22. And be it enacted. That the said High Court of Jurisdiction 
 Admiralty shall have jurisdiction to decide all matters and *? *''y Quos- 
 questions concerning booty of war, or the distribution oeming 
 thereof, which it shall please her Majesty, her heirs and booty of 
 successors, by the advice of her and their Privy council, to war. 
 refer to the judgment of the said court ; and in all matters 
 
 so referred the court shall proceed as in cases of prize of 
 war, and the judgment of the court therein shall be binding 
 upon all parties concerned. 
 
 23. Provided always, and be it enacted. That nothing Jm-isdictiou 
 herein contained shall be deemed to preclude any of her "t Courts of 
 Majesty's courts of law or equity now having jurisdiction jjguity Jioj 
 over the several subject matters and causes of action here- taken away. 
 inbefore mentioned from continuing to exercise such juris- 
 diction as fully as if this Act had not been passed. 
 
 24. And be it enacted, That this Act may be repealed or Act may be 
 
252 
 
 APPENDIX, 
 
 Skcts. 1—6. amended by any Act to be passed in this session of Par- 
 liameut. 
 
 amended 
 
 this Session. "■ 
 
 Short title. 
 
 Interpreta- 
 tion of 
 terms. 
 
 Commence- 
 ment of 
 Act. 
 
 As to claims 
 for building, 
 equipping, 
 or repairing 
 of ships. 
 
 As to claims 
 for neces- 
 
 As to claims 
 for damage 
 to cargo 
 iuj ported. 
 
 24 VICT. Cap. 10. 
 
 An Act to extend the Jurisdiction and improve the 
 Practice of the High Court of Admiralty. 
 
 [17th May, 1861, 
 
 Whekeas it is expedient to extend the jurisdiction and 
 improve the practice of the High Court of Admiralty of 
 England : Be it therefore enacted by the Queen's most 
 Excellent Majesty, by and with the advice and consent of 
 the Lords Spiritual and Temporal, and Commons, in this 
 present Parliament assembled, and by the authority of the 
 same, as follows : 
 
 1. This Act may be cited for all purposes as " The 
 Admiralty Court Act, 1861." 
 
 2. In the interpretation and for the purposes of this Act 
 (if not inconsistent with the context or subject) the follow- 
 ing terms shall have the respective meanings herein-after 
 assigned to them ; that is to say, 
 
 "Ship" shall include any description of vessel used in 
 
 navigation not propelled by oars : 
 " Cause ' shall include any cause, suit, action, or other 
 
 proceeding in the Court of Admiralty. 
 
 3. This Act shall come into operation on the 1st day of 
 June, one thousand eight hundred and sixty-one. 
 
 4. The High Court of Admiralty shall have jurisdiction 
 over any claim for the building, equipping, or repairing of 
 any ship, if at the time of the institution of the cause the 
 ship or the proceeds thereof are under arrest of the Court. 
 
 5. The High Court of Admiralty shall have jurisdiction 
 over any claim for necessaries supplied to any ship elsewhere 
 than in the port to which the ship belongs, unless it is 
 shown to the satisfaction of the Court that at the time of 
 the institution of the cause any owner or part owner of the 
 ship is domiciled in England or Wales : Provided always, 
 that if in any such cause the plaintiff do not recover 
 twenty pounds he shall not be entitled to any coats, 
 charges, or expenses incurred by him therein, unless the 
 judge shall certify that the cause was a fit one to be tried 
 in the said Court. 
 
 6. The High Court of Admiralty shall have jurisdiction 
 over any claim by the owner or consignee or assignees of 
 any bill of lading of any goods carried into any port in 
 England or Wales in any ship, for damage done to the 
 
24 VICT. CAP. TO. 253 
 
 goods or any part thereof by the negligence or misconduct Sects. 7—12. 
 
 of or for any breach of duty or breach of contract on the 
 
 part of the owner, master, or crew of the ship, unless it is 
 shown to the satisfaction of the ccxirt that at the time of 
 the institxition of the cause any owner or part owner of 
 the ship is domiciled in England or Wales : Provided 
 always, that if in any such cause the plaintiff do not re- 
 cover twenty pounds he shall not be entitled to any costs, 
 charges, or expenses incurred by him therein, unless the 
 judge shall certify that the cause was a fit one to be tried 
 in the said court. 
 
 7. The High Court of Admiralty shall have jurisdiction As to claims 
 over any claim for damage done by any ship. ^°^ damage 
 
 8. The High Court of Admiralty shall have jurisdiction ''^ ^^ ^'''P' 
 to decide all questions arising between the co-owners, or '^igh '-'.°"r* 
 any of them, touching the ownership, possession, employ- "^ accidie 
 ment, and earnings of any ship registered at any port in questions as 
 England or Wales, or any share thereof, and may settle to ."wner- 
 all accounts outstanding and unsettled between the parties ^^J^^ 
 
 in relation thereto, and may direct the said ship or any 
 share thereof to be sold, and may make such order in the 
 premises as to it shall seem fit. 
 
 9. All the provisions of "The Merchant Shipping Act, Extending 
 1854," in regard to salvage of life from auy ship or boat J'104'^asto 
 within the limits of the United Kingdom, shall be ex- claim's for 
 tended to the salvage of life from any British ship or boat, salviige of 
 wheresoever the services may have been rendered, and ^*®* 
 from any foreign ship or boat, where the services have 
 
 been rendered either wholly or in part in British waters. 
 
 10. The High Court of Admiralty shall have jurisdiction As to claims 
 
 over any claim by a seaman of any ship for wages earned for wages 
 
 bv him on board the ship, whether the same be due under ™"^ '°'' '*'?" 
 
 J . . ,, ,!• 11 I'l bursements 
 
 a special contract or otherwise, and also over any claim by jiy master of 
 
 the master of any ship for wages earned by him on board a sliip. 
 
 the ship, and for disbursements made by him on account 
 
 of the ship : Provided always, that if in any such cause 
 
 the plaintiff do not recover fifty pounds, he shall not be 
 
 entitled to any costs, charges, or expenses incurred by him 
 
 therein, unless the judge shall certify that the cause was a 
 
 fit one to be tried in the said court. 3 ^ ^ yj;,). 
 
 11. The High Court of Admiralty shall have jurisdiction c. 65, in 
 over any claim in respect of any mortgage duly registered regard to 
 according to the provisions of "The Merchant Shipping ^"^8^8^=^^ 
 Act, 1854," whether the ship or the proceeds thereof be court of 
 under arrest of the said court or not. Admiralty. 
 
 12. The High Court of Admiralty shall have the same sections 62 
 powers over any British ship, or any share therein, as are to 65 of 
 conferred upon the High Court of Chancery in England by J^w'*^'"'' 
 the sixty-second, sixty-third, sixty-fourth, and sixty-fifth extended 
 sections of " The Merchant Shipping Act, 1854." to Court of 
 
 Admiralty. 
 
254 
 
 APPENDIS. 
 
 Sects. 13— 13- Whenever any ship or vessel, or the proceeds there- 
 16. of, are under arrest of the High Court of Admiralty, the 
 said court shall have the same powers as are conferred 
 ^7 * i^v-'^t ^poi tlie High Court of Chancery in England by the ninth 
 c. 104 par' of " The Merchant Shipping Act, 1854." 
 
 extended 14. The High Court of Admiralty shall he a court of 
 
 to Court of record for all intents and purposes. 
 
 Admiralty. jg_ ^jj decrees and orders of the High Court of Ad- 
 Court to be miralty, whereby any sum of money, or any costs, charges, 
 Record. " °^ expenses, shall be payable to any person, shall have the 
 Deo s d ^a™® effect as judgments in the superior courts of common 
 Orders of ■''"'^i ^'^'^ ^^^ persons to whom any such monies, or costs, 
 Court of charges, or expenses, shall be payable, shall be deemed 
 Admiralty judgment creditors, and all powers of enforcing judgments 
 eSeotol possessed by the superior courts of common law, or any 
 judgments jidge thereof, with respect to matters depending in the 
 at Common same courts, as well against the ships and goods arrested 
 ^^^- as against the person of the judgment debtor, shall be pos- 
 
 sessed by the said Court of Admiralty with respect to 
 matters therein depending ; and all remedies at common 
 law possessed by judgment creditors shall be in like 
 manner possessed by persons to whom any monies, costs, 
 charges, or expenses are by such orders or decrees of the 
 said Court of Admiralty directed to be paid. 
 As to claims 16. If any claim shall be made to any goods or chattels 
 t'llSu"^^ taken in execution under any process of the High Court of 
 execution. Admiralty, or in respect of the seizure thereof, or any act 
 or matter connected therewith, or in respect of the pro- 
 ceeds or value of any such goods or chattels, by any land- 
 lord for rent, or by any person not being the party against 
 whom the process has issued, the Registrar of the said 
 court may, upon application of the officer charged with 
 the execution of the process, whether before or after any 
 action brought against such officer, issue a summons call- 
 ing before the said court both the party issuing such pro- 
 cess and the party making the claim, and thereupon any 
 action which shall have been brought in any of her Ma- 
 jesty's superior courts of record, or in any local or in- 
 ferior court, in respect of such claim, seizure, act, or 
 matter as aforesaid, shall be stayed, and the court in 
 which such action shall have been brought, or any judge 
 thereof, on proof of the issue of such summons, and that 
 the goods and chattels were so taken in execution, may 
 order the party bringing the action to pay the costs of all 
 proceedings had upon the action after issue of the sum- 
 mons out of the said Admiralty Court, and the judge of 
 the said Admiralty Court shall adjudicate upon the claim, 
 and make such order between the parties in respect there- 
 of and of the costs of the proceedings, as to him shall 
 seem fit, and such order shall be enforced in like manner 
 
24 VICT. CAP. 10. 255 
 
 as any order made in any suit brought in the said court, seots i7— 
 Where any such claim shall be made as aforesaid the 20. 
 
 claimant may deposit with the officer charged with the 
 
 execution of the process either the amount or value of 
 the goods claimed, the value to be fixed by appraisement 
 in case of dispute, to be by the officer paid into court to 
 abide the decision of the judge upon the claim, or the sum 
 which the officer shall be allowed to charge as costs for 
 keeping possession of the goods until such decision can be 
 obtained, and in default of the claimant so doing the officer 
 may sell the goods as if no such claim had been made, and 
 shall pay into court the proceeds of the sale, to abide the 
 decision of the judge. 
 
 17. The judge of the High Court of Admiralty shall Powers of 
 have aU such powers as are possessed by any of tlie supe- Superior 
 rior courts of common law or any judge thereof to com- extended 
 pel either party in any cause or matter to answer inter- to Court of 
 rogatories, and to enforce the production, inspection, and Admiralty, 
 delivery of copies of any document in his possession or 
 
 power. 
 
 18. Any party in a cause in the High Court of Ad- Party in 
 miralty shall be at liberty to apply to the said court for Court of 
 an order for the inspection by the Trinity Masters or ^ay'apply 
 others appointed for tlie trial of the said cause, or by tlie for an order 
 party himself or his witnesses, of any ship or other per- for inspec- 
 sonal or real property, the inspection of which may be S™.^^ 
 material to the issue of the cause, and the court may make jHastera. 
 such order in respect of the costs arising thereout as to it 
 
 shall seem tit. 
 
 19. Any party in a cause in the High Court of Ad- Admission 
 miralty may call on any other party in the cause by notice of <i°cu- 
 in writing to admit any document, saving all just excep- ™^"''^' 
 tious, and in case of refusal or neglect to admit, the costs 
 
 of proving the document shaU be paid by the party so 
 neglecting or refusing, whatever the result of tlie cause 
 may be, unless at the trial the judge shall certify that the 
 refusal to admit was reasonable. 
 
 20. Whenever it shall be made to appear to the judge of Power to 
 the High Court of Admiralty that reasonable efforts have Court of 
 been made to effect personal service of any citation, moni- Admiralty, 
 tion, or other process issued under seal of the said court, sjnal ser- 
 and either that the same has come to the knowledge of the vice of 
 party thereby cited or mouished, or that he wUfuUy evades citation has 
 service of the same, and has not appeared thereto, the said "^g^te™ to 
 judge may order that the party on whose behalf the cita- order 
 tion, monition, or other process was issued be at liberty to parties to 
 proceed as if personal service had been effected, subject to proceed, 
 such conditions as to the judge may seem fit, and all pro- 
 ceedings thereon shall be as effectual as if personal service 
 
 of suck citation, monition, or other process had been effected. 
 
256 
 
 APPENDIX. 
 
 Sects. 21- 
 
 As to the 
 service of 
 subpoena 
 out of 
 England 
 and Wales. 
 
 Power to 
 issue new 
 write or 
 other 
 process. 
 
 Judge and 
 Registrar 
 to have 
 same power 
 as to arbi- 
 tration as 
 Judges and 
 Masters at 
 Common 
 Law. 
 
 Section 15 of 
 17 & 18 Vict, 
 c. 104. 
 extended to 
 Registrar of 
 Court of 
 Admiralty. 
 
 Powers of 
 Registrar 
 and of 
 Detjuty or 
 Assistant 
 Registi-ar. 
 
 False oath 
 or aflfirma- 
 tion deemed 
 perjury. 
 
 Appoint- 
 ment of Re- 
 gistrar and 
 of Deputy or 
 Assistant 
 Registrar. 
 
 Appoint- 
 ment of 
 «xamiuerB. 
 
 21. The service in any part of Great Britain or Ireland 
 of any writ of subpoena ad testificandum or subpoena duces 
 tecum, issued under seal of the High Court of Admiralty, 
 shall be as effectual as if the same had been served in Eng- 
 land or Wales. 
 
 22. Any new writ or other process necessary or expe- 
 dient for giving effect to any of the provisions of this Act 
 may be issued from the High Court of Admiralty in such 
 form as the judge of the said court shall from time to time 
 direct. 
 
 23. All the powers possessed by any of the superior 
 courts of common law or any judge thereof, under the 
 Common Law Procedure Act, 1854, and otherwise, with 
 regard to references to arbitration, proceedings thereon, 
 and the enforcing of awards of arbitrators, shall be pos- 
 sessed by the judge of the High Court of Admiralty in all 
 causes and matters depending in the said court, and the 
 Registrar of the said Court of Admiralty shall possess as to 
 such matters the same powers as are possessed by the 
 masters of the said superior courts of common law in re- 
 lation thereto. 
 
 24. The Registrar of the High Court of Admiralty shall 
 have the same powers under the fifteenth section of the 
 Merchant Shipping Act, 1854, as are by the said section 
 conferred on the masters of Her Majesty's Court of Queen's 
 Bench in England and Ireland. 
 
 25. The Registrar of the High Court of Admiralty may 
 exercise, with reference to causes and matters in the said 
 court, the same powers as any surrogate of the judge of 
 the said court sitting in chambers might or could have 
 heretofore lawfully exercised ; and all powers and authori- 
 ties by this or any other Act conferred upon or vested in 
 the Registrar of the said High Court of Admiralty may be 
 exercised by any deputy or assistant Registrar of the said 
 Court. 
 
 26. The Registrar of the said Court of Admiralty shall 
 have power to administer oaths in relation to any cause 
 or matter depending in the said court ; and any person 
 who shall wilfully depose or affirm falsely in any proceed- 
 ing before the Registrar or before any deputy or assistant 
 Registrar of the said court, or before any person authorised 
 to administer oaths in the said court, shall be deemed to 
 be guilty of perjury, and shall be liable to all the pains 
 and penalties attaching to wilful and corrupt perjury. 
 
 27. Any advocate, barrister-at-law, proctor, attorney, 
 or solicitor of ten years' standing may be appointed Re- 
 gistrar or assistant or deputy Registrar of the said court. 
 
 28. Any advocate, barrister-at-law, proctor, attorney, 
 or solicitor may be appointed an examiner of the High 
 Court of Admiralty. 
 
24 VICT. CAP. 10. 257 
 
 29. Any person who shall have paid on his admission in g^CTs 29— 
 any court as a proctor, solicitor, or attorney the full stamp 35. 
 duty of twenty-five pounds, and who has been or shall 
 
 hereafter be admitted a proctor, solicitor, or attorney (if Stamp duty 
 in other respects entitled to be so admitted), shall be liable Sn sSe 
 to no further stamp duty in respect of such subsequent ad- quent ad- 
 mission, mission of 
 
 30. Any proctor of the High Court of Admiralty may |'ou°^"s°'' 
 act as agent of any attorney or solicitor, and allow him to 
 participate in the profits of and incident to any cause or f^Tas agenf 
 matter depending in or connected with the said court ; of solicitors. 
 and nothing contained in the Act of the fifty-fifth year of 
 
 the reign of King George the Third, chapter one hundred 
 and sixty, shall be construed to extend to prevent any 
 proctor from so doing, or to render him liable to any penalty 
 in respect thereof. 
 
 31. The Act passed in the second year of the reign of 2 Hen. 4, 
 King Henry the Fourth, intituled "A Remedy for him <=• n.^'e- 
 who is wrongfully pursued in the Court of Admiralty, " is P^^'"^- 
 hereby repealed. 
 
 32. Any party aggrieved by any order or decree of the Power of 
 judg^ of the said Court of Admiralty, whether made ex ^VV^^ in 
 parte or otherwise, may, with the permission of the judge, tory^mat- 
 appeal therefrom to her Majesty in Coiincil, as fully and tors. 
 effectuaUy as fiom any final decree or sentence of the said 
 
 court. 
 
 33. In any cause in the High Court of Admiralty bail Bail given 
 may be taken to answer the judgment as well of the said in the Court 
 court as of the Court of Appeal, and the said High Court "'i^'^'^^ij 
 of Admiralty may withhold the release of any property in the Court 
 under its arrest until such bail has been given ; and in any of Appeal, 
 appeal from any decree or order of the High Court of 
 Admiralty the Court of Appeal may make and enforce its 
 
 order against the surety or sureties who may have signed 
 any such bail bond in the same manner as if the bail had 
 been given in the Court of Appeal. 
 
 34. The High Court of Admiralty may, on the appUca- As to the 
 tion of the defendant in any cause .of damage, and on his hearing of 
 instituting a cross cause for the damage sustained by him ''aws^s and 
 in respect of the same collision, direct that the principal ""^"^^ causes. 
 cause and the cross cause be heard at the same time and 
 
 upon the same evidence ; and if in the principal cause the 
 ship of the defendant has been arrested or security given 
 by him to answer judgment, and in the cross cause the 
 ship of the plaintiff cannot be arrested, and security has 
 not been given to answer judgnieut therein, the court 
 may, if it think fit, suspend the proceedings in the prin- 
 cipal cause, until security has been given to answer judg- 
 ment in the cross cause. • j- • 
 
 35. The jurisdiction conferred by this Act on the High o"the Court. 
 
258 
 
 APPENDIX. 
 
 Skcts. 1—3, Courtei Admirstltymayhe exemsed either by proceedings 
 in rem or by proceedings in personam. 
 
 Appoint- 
 ment of 
 
 County 
 rourtfl for 
 Admiralty 
 purposes. 
 
 Kxtent of 
 Admiralty 
 jurisdiction 
 of County 
 Courts. 
 
 31 & 32 VICT. Cap. 71. 
 
 An Act for conferring Admiralty Jurisdiction on the 
 County Courts. [31st July, 1868. 
 
 Be it enacted by the Queen's most excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament 
 assembled, and by the authority of the same, as follows : 
 
 1. This Act may be cited as "The County Courts Admi- 
 ralty Jurisdiction Act, 1868." 
 
 2. If at any time after the passing of this Act it appears 
 to her Majesty in Council, on the representation of the 
 Lord Chancellor, expedient that any county court should 
 have admiralty jurisdiction, it shall be lawful for her 
 Majesty, by order in council, to appoint that court to 
 have admiralty jurisdiction accordingly, and to assign to 
 that court as its district for admiralty purposes any part 
 or parts of any one or more district or districts of county 
 courts ; and the district so constituted for that court, with 
 the parts of the sea lif any) adjacent to that district to a 
 distance of three miles from the shore thereof, shall be 
 deemed its district for admiralty purposes ; and accord- 
 ingly the judge and all officers of the court shall have 
 jurisdiction and authority for those purposes throughout 
 that district, as if the same was the district of the court 
 for all purposes ; and, from a time to be specified in each 
 such order, this Act shall have effect in and throughout 
 the district so constituted ; and any such order may be 
 from time to time varied as seems expedient ; and a county 
 court so appointed to have admiralty jurisdiction, and no 
 other county court, shall, for the purposes of this Act, be 
 deemed a county court having admiralty jurisdiction : 
 Provided that no judge of a county court, except the 
 judges of the London court, shall have jurisdiction in the 
 city of London. 
 
 a. Any county court having admiralty jurisdiction shall 
 have jurisdiction, and all powers and authorities relating 
 thereto, to try and determine, subject and according to the 
 provisions of this Act, the following causes (in this Act 
 referred to as admiralty causes) : 
 
 (1.) As to any claim for salvage — any cause in which 
 the value of the property saved does not exceed 
 
31 & 32 VICT. CAP. 7k 259 
 
 one thoiisaud pounds> or in which the amount secti. 4—7. 
 claimed does not exceed three hundred pounds : — 
 
 (2. ) As to any claim for towage, necessaries, or wages — 
 any cause in which the amount claimed does not 
 exceed one hundred and tifty pounds : 
 
 (3.) As to any claim for damage to cargo, or damage by 
 collision — any cause in which the amount claimed 
 does not exceed three hundred pounds : (a) 
 
 (4.) Any cause in respect of any such claim or claims as 
 aforesaid, but in which the value of the property 
 saved or the amount claimed is beyond the amount 
 limited as above mentioned, when the parties agree 
 by a memorandum signed by them or by their 
 attorneys or agents that any county court having, 
 admiralty jurisdiction, and specified in the memo- 
 randum, shall have jurisdiction. 
 
 4. Nothing in this Act, or in. any order in council under Restrictions- 
 it, shall confer on a county court jurisdiction in any prize on County 
 cause, or in any other matter within the Naval Prize Act, ^j°"['^'in''" 
 1864, or in any matter arising under any of acts for the certain 
 suppression of the slave trade, or any admiralty juris- oases, 
 diction by way of appeal. 
 
 5. From and after the time specified in. each order in. No County 
 council under this Act appointing a county court to have Court other 
 admiralty jurisdiction within any district as the time from tl>au that 
 which this Act shall have efiect in and throughout that to have 
 district, no county court, other than the county court so jurisdiction, 
 appointed, shall have jurisdiction within that district in 
 
 any admiralty cause ; provided that all admiralty causes 
 at that time pending in any county court within ttiat dis- 
 trict may be continued as if no such order in council had 
 been made. 
 
 6. The High Court of Admiralty of England, on motion As to trans- 
 by any party to an admiralty cause pending in a county ff r from 
 court, may, if it shall think tit, witjti. previous notice to QoJJrt by 
 the other party, transfer the cause to the High Court of order ot 
 Admiralty, and may order security for costs, or impose High Court 
 such other terms as to the court may seem fit. of Admi- 
 
 7. If during the progress of an admiralty cause in a 
 
 county court it appears to. the court that the subject f ^ '? trans- 
 ii. .3 4.1, V -i ■ i. c i £ i, fer of causes 
 
 matter exceeds the limit in respect oi amount ot the by order of 
 
 admiralty jurisdiction of the court, the vaHdity of any County 
 
 order or decree theretofore made by the court shall not be £"''}''' Ji° 
 
 thereby aflfected, but (unless the parties agree, by a memo- of'idmi-"^ 
 
 randum signed by them or by tiieir attorneys or agents, ralty. 
 
 that the court shall retain jurisdiction,) the court shall by 
 
 order transfer the cause to the High Court of Admiralty ; 
 
 (a) Extended to cases of damage, whether by collision or otherwise, 
 by 32 a 33 Vict. c. 61, 3. 4. 
 
 S 2 
 
2()0 
 
 APPENDIX. 
 
 Hects. 8 — 12. 
 
 As to trans- 
 fer of causes 
 to other 
 County 
 Courts or 
 Court of 
 Admiralty. 
 
 Restrictions 
 on proceed- 
 ings in the 
 Court of 
 Admiralty 
 or Superior 
 Court. 
 
 Powers, &c. 
 of Judges 
 and regis- 
 trars. 
 
 Power to 
 Judge of 
 County 
 Court to 
 summon 
 nautical 
 
 to his 
 assistance. 
 Decrees in 
 County 
 Courts in 
 Admiralty 
 
 but that court may, nevertheless, if the judge of that 
 court in any ease thinks fit, order that the cause shall be 
 prosecuted in the county court in "which it was commenced, 
 and it shall be prosecuted accordingly. 
 
 8. If during the progress of an admiralty cause in a, 
 county court it shall appear to the court that the cause 
 could be more conveniently prosecuted in some other county 
 court, or in the High Court of Admiralty of England, the 
 court may by order transfer it to such other county court, 
 or to the High Court of Admiralty of England, as the case 
 may be, and the cause shall thenceforward be so pro- 
 secuted accordingly. 
 
 9. If any person shall take in the High Court of Ad- 
 miralty of England or in any superior court proceedings 
 which he might, without agreement, have taken in a 
 county court, except by order of the judge of the High 
 Court of Admiralty or of such superior court or of a 
 county court having admiralty jurisdiction, and shall not 
 recover a sum exceeding the amount to which the juris- 
 diction of the county court in that admiralty cause is 
 limited by this Act, and also if any person without agree- 
 ment shall, except by order as aforesaid, take proceedings 
 as to salvage in the High Court of Admiralty or in any 
 superior court in respect of property saved, the value of 
 which when saved does not exceed one thousand pounds, 
 he shall not be entitled to costs, and shall be liable to be 
 condemned in costs, unless the judge of the High Court of 
 Admiralty or of a superior court before whom the cause is 
 tried or heard shall certify that it was a proper admiralty 
 cause to be tried in the High Court of Admiralty of 
 England or in a superior court. 
 
 10. In an admiralty cause in a county court the cause 
 shall be heard and determined in like manner as ordinary 
 civil causes are now heard and determined in county 
 courts ; save and except that in any admiralty cause of 
 salvage, towage, or collision the county court judge shall, 
 if he think fit, or on the request of either party to such 
 cause, be assisted by two nautical assessors in the same 
 ■way as the judge of the High Court of Admiralty is now 
 assisted by nautical assessors. 
 
 11. In any such admiralty cause as last aforesaid it shall 
 be lawful for the judge of the county court, if he think fit, 
 and he shall, upon request of either party, summon to his 
 assistance in such manner as general orders shall direct 
 two nautical assessors, and such nautical assessors shall 
 attend and assist accordingly. 
 
 12. The decree of the county court in an admiralty 
 cause shall be enforced against the person or persons sum- 
 moned as the defendant or defendants in the same manner 
 as the decrees of the said court are enforced in ordinary 
 
3] & 32 VICT. CAP. 71. 261 
 
 civil causes, save and except as in this Act otherwise sects IH— 
 provided. -io. 
 
 13. The judge of every county court having admiralty 
 
 jurisdiction shall hear and determine admiralty causes at <=™se3to 
 the usual courts held -withiu his jurisdiction, or at special force a™'' 
 courts to be held by him, and which he is hereby required those in 
 
 to hold as soon as may be after he shall have had notice oi''U causes, 
 of an admiralty cause having arisen within the jurisdiction Admiralty 
 of his court. causes to bo 
 
 14. The registrar of each county court having admiralty ugy^j 
 jurisdiction shall from time to time frame a list, to be courts, 
 approved by the judge of the High Court of Admiralty Appoint- 
 before whom the same shall be laid by the county court ment of 
 judge, and without whose approval it shall have no assessors in 
 validity, of assessors, of persons of nautical skill and ex- nour*'*' 
 perience residing or having places of business within the 
 district of the county court, to act as assessors in that 
 
 court, and shall cause the list to be published in the 
 " London Gazette. " 
 
 15. Every person named in the list of assessors so framed Attendance 
 and approved shall attend the county court under such of assessors. 
 circumstances, and in such rotation, and subject to such 
 regulations, and shall receive such fees for his attendance, 
 
 as general orders shall direct, and for every wilful non- 
 attendance shall be liable, at the discretion of the court, to 
 a penalty not exceeding live pounds. 
 
 16. Every assessor named in such list shall hold his Eemovalof 
 office until a new list of assessors shall have been framed assessors. 
 and approved as aforesaid, or until he shall resign his 
 appointment. 
 
 17. The registrars of the county courts shall be remu- nemiuiera- 
 nerated for their duties in admiralty causes by receiving tion of Ro- 
 for their own use such fees as General Orders shall direct. B'strais. 
 
 18. A scale of costs and charges in admiralty causes in Scale of 
 the county courts shall be prescribed by General Orders. coats. 
 
 19. The registrar of a county court shall have power Power to 
 to administer oaths in relation to any admiralty cause in Registrars 
 a county court ; and any person who shall wilfully depose n"gteroaths 
 or affirm falsely before the registrar in any admiralty and take 
 cause shall be deemed to be guilty of perjury, and shall evidence, 
 be liable to all the pains and penalties attaching to wilful 
 
 and corrupt perjury. 
 
 20. Evidence taken in any admiralty cause before the Bvidenoe 
 registrar of a county court, as the judge of a, county court before Re- 
 or General Orders shall diiect, shall be received as evi- ceivaMehi 
 dence in any other county court, saving all just exoep- Admiralty 
 tions ; and the registrar of any county court shall, for the Court. 
 purpose of the examination of any witnesses within the 
 district of that court, have all and the like powers and 
 authorities of an examiner of the High Court of Admiralty 
 
262 
 
 APPENDIX. 
 
 KKC^ra 21- 
 •23. 
 
 As to pro- 
 ceedings in 
 County 
 Court for 
 commence' 
 ment of 
 cause. 
 
 Limitation 
 
 of arrest. 
 
 Power to 
 issue 
 process . 
 
 of England, and evidence taken by him in that capacity 
 shall be received as evidence in the High Court of Admi- 
 ralty of England, saving all just exceptions. 
 
 21. Proceedings in an admiralty cause shall be com- 
 menced — 
 
 (1.) In the county court having admiralty jurisdiction 
 within the district of which the vessel or pro- 
 perty to which the cause relates is at the com- 
 mencement of the proceedings : 
 
 (2.) If the foregoing rule be not applicable, then in the 
 county court having admiralty jurisdiction in the 
 district of which the owner of the vessel or pro- 
 perty to which the cause relates, or his agent in 
 England, resides, or if such owner or agent does 
 not reside within any such district, then in the 
 county court having admiralty jurisdiction the 
 district whereof is nearest to the place where 
 such owner or agent resides : 
 
 (3.) If for any reason the last foregoing rule is not ap- 
 plicable or cannot be acted on, then in such 
 county court having admiralty jurisdiction as 
 General Orders direct : 
 
 (4.) In any case in the county court or one of the 
 county courts having admiralty jurisdiction in 
 which the parties by a memorandum, signed by 
 them or by their attorneys or agents, agree shall 
 have jurisdiction in the cause. 
 
 22. In an admiralty cause in a county court if evidence 
 be given to the satisfaction of the judge, or in his absence 
 the registrar of the court, that it is probable that the 
 vessel or property to which the cause relates will be re- 
 moved out of the jurisdiction of the court before the plain- 
 tiff's claim is satisfied, it shall be lawful for the said judge, 
 or in his absence for the registrar, to issue a warrant for 
 the arrest and detention of the said vessel or property, 
 unless or until bail to the amount of the claim made in 
 such cause, and to the reasonable costs of the plaintiff in 
 such cause, be entered into and perfected, according to 
 General Orders, by or on behalf of the owner of the vessel 
 or property or his agent, or other the defendant in such 
 cause ; and, except as in this section expressly provided, 
 there shall be no arrest or detention of a vessel or property 
 in an admiralty cause in a county court otherwise than in 
 execution. 
 
 23. For the execution of any decree or order of a county 
 court in an admiralty cause the court may order, and the 
 registrar on such order may seal and issue, and any officer 
 of any county court may execute, process according to 
 General Orders ; provided that where under such process 
 a vessel or property would or might be sold, then, if the 
 
31 & 32 VICT. CAP. 71. 263 
 
 owner of the vessel or property desires that tte sale should sects. 24^ 
 be conducted in the High Court of Admiralty instead of 28. 
 
 in the county court, he shall be entitled, on security for 
 
 costs being first given, and subject and according to such 
 other provisions as General Orders direct, to obtain an 
 order of the county court for transfer of the proceedings 
 for sale, with or without (as the judge of the county court 
 thinks fiti the transfer of the subsequent proceedings in 
 the cause, to the High Court of Admiralty, which court 
 shall have jurisdiction and all powers and authorities re- 
 lating thereto accordingly. 
 
 24. Such decrees and orders of county courts in admi- Registration 
 ralty causes as General Orders shall direct shall be ^nd ordOTs 
 registered with the registrar of county court judgments 
 
 in London in such manner as General Orders shall 
 direct. 
 
 25. The Court of Passage of the Borough of Liverpool Concurrent 
 shall, upon an order in council being made which shall J'i^^'^p''''''^ 
 appoint the County Court of Lancashire holdeu at Liver- qj passage. 
 pool to have admiralty jurisdiction, have the like juris- 
 diction, powers, and authorities as by that order are con- 
 ferred on the said county court ; but nothing herein shall 
 
 be deemed to enlarge the area over which the jurisdiction 
 of the Court of Passage extends, or to alter the rules and 
 regulations for holding the said court, or to take away 
 or restrict any jurisdiction, power, or authority already 
 vested in that court; and fees received in that court under 
 this Act shall be dealt with as fees received in that court 
 under its ordinary jurisdiction. 
 
 26. An appeal may be made to the High Court of Ad- Appeal to 
 miralty of England from a final decree or order of a ^^^i^^ty 
 county court in an admiralty cause, and, by permission 
 
 of the judge .of the county court, from any interlocutory 
 decree or order therein, on security for costs being first 
 given, and subject to such other provisions as General 
 Orders shall direct. 
 
 27. No appeal shall be allowed unless the instrument of Time for 
 appeal is lodged in the registry of the High Court of Ad- appeal, 
 miralty within ten days from the date of the decree or 
 
 order appealed from, but the judge of the High Court of 
 Admiralty of England may, on sufficient cause being 
 shown to his satisfaction for such omission, allow an ap- 
 peal to be prosecuted, notwithstanding that the instru- 
 ment of appeal has not been lodged withiu that time. 
 
 28. No appeal shall be allowed if, before the decree or Agreement 
 order is made, the parties shall have agreed by a memo- °°' '°, 
 randum signed by them, or by their attorneys or agents, 
 
 that the decree or order shall be final ; and any such agree- 
 ment need not be stamped, except in respect of any fee 
 imposed by General Orders. 
 
264 
 
 APPENDIX. 
 
 Sects. 29 — 
 88. 
 
 As to 
 appeals to 
 the Queen 
 in Council. 
 Costs of 
 
 No appeal 
 unless 
 amount 
 exceeds 601. 
 
 Conduct of 
 sale, &c., in 
 Court of 
 Admiralty. 
 
 In certain 
 cases causes 
 may be 
 transferred 
 by County 
 Court and 
 
 made to 
 Court of 
 Admiralty 
 of the 
 Cinque 
 Ports. 
 
 County 
 Court Acts 
 applied to 
 this. 
 
 Practice, &c. 
 to be regu- 
 lated by 
 General 
 Orders. 
 
 Authority 
 for making 
 General 
 Orders. 
 
 29. There shall be no appeal from a decree or order of 
 the High Court of Admiralty of England made on appeal 
 from a county court, except by express permission of the 
 judge of the High Court of Admiralty. 
 
 30. On an appeal under this Act, when the appellant is 
 unsuccessful, he shall pay the costs of the appeal, unless 
 the Appellate Court shall otherwise direct. 
 
 31. No appeal shall be allowed unless the amount de- 
 creed or ordered to be due exceeds the sum of fifty pounds. 
 
 32. On an appeal under this Act, the Judge of the 
 High Court of Admiralty, if it appears to him expedient 
 that any sale decreed or ordered to be made of the vessel 
 or property to which the caase relates should be conducted 
 in the High Court of Admiralty instead of in the county 
 court from which the appeal is brought, may direct the 
 transfer of the proceedings for sale, with or without the 
 transfer of the subsequent proceedings in the cause, to 
 the High Court of Admiralty, which court shall have juris- 
 diction and all powers and authorities relating thereto 
 accordingly. , 
 
 33. In all cases which shall arise within the jurisdiction 
 of the Cinque Ports as defined by the Act First and Second 
 George the Fourth, chapter seventy-six, section eighteen, 
 causes may be transferred by the county court and appeals 
 made to the Court of Admiralty of the Cinque Ports in lieu 
 of the High Court of Admiralty ; and in the case of appeals 
 the instrument of appeal shall be lodged in the registry of 
 the Cinque Ports, and the same discretion vested in the 
 judge official and commissary of the said Cinque Ports 
 Court as is by this Act vested in the judge of the High 
 Court of Admiralty. 
 
 34. This Act shall be read as one Act with so much of the 
 County Courts Act, 1846, and the Acts amending or extend- 
 ing the same, as is now, in force. 
 
 35. General orders shall be from time to time made under 
 this Act for the purposes in this Act directed, and for regu- 
 lating the practice and procedure of the admiralty juris- 
 diction of the county courts, the forms of processes and 
 proceedings therein or issuing therefrom, and the days 
 and places of sittings for admiralty causes, the duties of 
 the judges and officers thereof, and the fees to be taken 
 therein. 
 
 36. General orders under this Act shall be made by the 
 Lord Chancellor, with the advice and assistance of the 
 judge of the High Court of Admiralty of England, and, as 
 far as they relate to fees, or to the receipt and expenditure 
 of and accounting for money, with the approval of the com- 
 missioners of hef Majesty's Treasury. 
 
32 & 33 VICT. CAP. SI. 265 
 
 32 & 33 VICT. Cap. 51. 
 
 An Act to amend the County Courts (Admiralty 
 Jurisdiction) Act, 1868, and tp give Jurisdiction 
 in certain Maritime Causes. [2nd August, 1869. 
 
 Be it enacted by the Queen's most excellent Majesty, by Sects. 1- 5. 
 and with the advice and consent of the Lords Spiritual 
 and Temporal, and Commons, in this present Parliament A. D. 1S 69. 
 assembled, and by the authority of the same, as follows : 
 
 1. This Act may be cited as "The County Courts Ad- Short title. 
 miralty Jurisdiction Amendment Act, 1869," and shall be 
 
 read and interpreted as one Act with the County Courts 
 Admiralty Jurisdiction Act, 1868. 
 
 2. Any county court appointed or to be appointed to Extensionof 
 have admiralty jurisdiction shall have jurisdiction, and all jurisdiotion 
 powers and authorities relating thereto, to try and deter- ^^^ goods. 
 mine the following causes : 
 
 (1. ) As to any claim arising out of any agreement made 
 in relation to the use or hire of any ship, or in re- 
 lation to the carriage of goods in any ship, and also 
 as to any claim in tort in respect of goods carried 
 in any ship, provided the amount claimed does 
 not exceed three hundred pounds : 
 
 (2. ) As to any cause in respect of any such claim or If parties 
 
 claims as aforesaid, but in which the amount agree.causes 
 claimed is beyond the amount limited as above gf oiakas of 
 mentioned, when the parties agree, by a memo- higher 
 randum signed by them or by their attorneys or amount iiiay 
 agents, that any county court having admiralty ^jnl^^w 
 jurisdiction, and specified in the memorandum, County 
 shall have jurisdiction. Court. 
 
 3. The jurisdiction conferred by this Act and by the Proceedings 
 County Courts Admiralty Jurisdiction Act, 1868, may be in rem or m 
 exercised either by proceedings in rem or by proceedings in Personam, 
 personam. 
 
 4. The third section of the County Courts Admiralty Amendment 
 Jurisdiction Act, 1868, shall extend and apply to aU claims °* ^oo^y-^j 
 for damage to ships, whether by collision or otherwise, j, jj '° ' 
 when the amount claimed does not exceed three hundred 
 pounds. 
 
 5. In any admiralty or maritime cause the judge may, As to ap- 
 if he think fit, or on the request of either party, be assisted pointment 
 by two mercantile assessors ; and aU the provisions of the yi^^je'es"" 
 County Courts Admiralty Jurisdiction Act, 1868, with sors. 
 reference to nautical assessors, shall apply to the appoint- 
 ment, approval, summoning, and remuneration of such 
 inercantile assessors. 
 
266 APPENDIX. 
 
 Sects. 6, 7. 6. The assessor of the Court o£ Passage of the borough 
 
 of Liverpool shall have power from time to time to make 
 
 Power of general rules and orders for regulating the practice and 
 
 cfourto'f procedure of the admiralty and maritime jurisdiction in 
 
 Passage to the said court, and for other purposes mentioned in section 
 
 make gene- thirty-five of the County Courts Admiralty Jurisdiction 
 
 ralnilesaad ^g^-^ jggg . g^^^ g^y general roles and orders already made 
 
 or hereafter to be made by the said assessor for any of the 
 
 purposes aforesaid shall be of full force and effect as if the 
 
 same had been made under this or the aforesaid Act. 
 
 Commence- 7. This Act shall come into operation on the first day of 
 
 ment of Act. September one thousand eight hundred and sixty-nine. 
 
 COUNTY COURTS ADMIRALTY JURISDICTION. 
 
 The following order has been issued by the Privy 
 Council : — 
 
 Dec. 9, 1868. — Whereas by the County Courts Admiralty 
 Jurisdiction Act, 1868, it is, among other things, enacted, 
 that if at any time after the passing of that Act it appears 
 to her Majesty in Council, on the representation of the 
 Lord Chancellor, expedient that any county court should 
 have admiralty jurisdiction, it shall be lawful for her 
 Majesty, by order in council, to appoint that court to have 
 admiralty jurisdiction accordingly, and to assign to that 
 court as its district for admiralty purposes any part or 
 parts of any one or more district or districts of county 
 courts. 
 
 And whereas a representation has been made by the 
 Lord Chancellor, stating that the county courts, mentioned 
 in the first column of the schedule hereto annexed, marked 
 A, should have admiralty jurisdiction ; and that such 
 courts should have assigned to them as their respective 
 districts for admiralty purposes the districts of the county 
 courts, the names of which are printed in the second column 
 of the said schedule, opposite to the names of the said 
 courts respectively. 
 
 Now, therefore, her Majesty having taken the said re- 
 preseatatiou into consideration, by and with the advice of 
 her Privy Council, is pleased to order and appoint, and it 
 is hereby ordered and appointed, that from and after the 
 31st day of January, 1869, the county courts mentioned in 
 the first column of the schedule hereto annexed, marked 
 A, shaU have admiralty jurisdiction. And her Majesty is 
 further pleased, by and with the advice aforesaid, to assign 
 to the courts hereby appointed to have admiralty jurisdic- 
 tion, as their respective districts for admiralty purposes, 
 the districts of the county courts, the names of which are 
 
COUNTY CTS. HAVING ADMIRALTY JURISDICTION. 267 
 
 printed in the second coltimn of the said schedule, opposite 
 to the names of the said courts respectively. 
 
 Jan. 14, 1869. — The following further order has been 
 issued by the Privy Council : — 
 
 Whereas by the County Courts Adtniralty Jurisdiction 
 Act, 18G8, it is, among other things, enacted, that if at 
 any time after the passing of that Act it appears to her 
 Majesty in Council, on the representation of the Lord 
 Chancellor, expedient that any county court should have 
 admiralty jurisdiction, it shall be lawful for her Majesty, 
 by order in council, to appoint that court to have admi- 
 ralty jurisdiction accordingly, and to assign to that court 
 as its district for admiralty purposes any part or parts of 
 any one or more district or districts of county courts : and 
 further, that any such order may be from time to time 
 varied as seems expedient : 
 
 And whereas her Majesty was pleased, by an order in 
 council of the 9th day of December, 1868, to order that 
 certain county courts should have admiralty jurisdiction ; 
 
 And whereas a representation has been made by the 
 Lord Chancellor, stating that it is expedient that the said 
 order should be varied, and that the county courts men- 
 tioned in the first column of the schedule hereto annexed, 
 marked A, should have admiralty jurisdiction ; and that 
 such courts should have assigned to them as their respec- 
 tive districts for admiralty purposes the districts of the 
 county courts, the names of which are printed in the second 
 column of the said schedule, opposite to the names of the 
 said courts respectively : 
 
 Now, therefore, her Majesty having taken the said re- 
 presentation into consideration, is pleased, by and with the 
 advice of her Privy Council, to order and appoint, and it 
 is hereby ordered and appointed, that from and after the 
 31st day of January, 1869, the county courts mentioned in 
 the first column of the schedule hereto annexed, marked A, 
 shall have admiralty jurisdiction. And her Majesty is 
 further pleased, by and with the advice aforesaid, to assign 
 to the courts hereby appointed to have admiralty jurisdic- 
 tion, as their respective districts for admiralty purposes, 
 the districts of the county courts, the names of which are 
 printed in the second column of the said schedule, opposite 
 to the names of the said courts respectively. And her 
 Majesty is further pleased, by and with the advice afore- 
 said, to order that the said order of the 9tb day of Decem- 
 ber last shall be varied or rescinded, so far as it varies from 
 this order. 
 
268 
 
 APPENDIX. 
 
 Schedule A. 
 
 Name of the Court 
 appointed to have Admi- 
 ralty Jurisdiction. 
 
 The Districts of County Courts which are to be, 
 for Admiralty Purposes, the District of the Court, 
 the name of which is printed in the first column. 
 
 The County Court of 
 Northumberland 
 holden at Newcastle- 
 upon-Tyne. 
 
 The County Court of 
 Durham holden at 
 Sunderland. 
 
 The County Court of 
 Durham holden at 
 Stockton and Mid- 
 dlesborough. 
 
 The County Coni-t of 
 York holden at Hull. 
 
 The County Court of 
 Lincolnshire holden 
 at Great Grimsby. 
 
 The County Court of 
 Lincolnshire holden 
 at Boston. 
 
 The County Court of 
 Norfolk holden at 
 King's Lynn 
 
 The County Court of 
 Norfolk holden at 
 Yarmouth 
 
 The County Court of 
 Suffolk holden at 
 Lowestoft 
 
 The County Court of 
 Suffolk holden at 
 Ipswich 
 
 The County Court of 
 Essex holden at Col- 
 chester 
 
 The County Court of Northumberland holden 
 at Berwick, Belford, Alnwick, Morpeth, 
 North Shields, and Newcastle-on-Tyne, 
 and the County Court of Durham, holden 
 at Gateshead and South Shields. 
 
 The County Court of Durham holden at 
 Sunderland and Seaham. 
 
 The County Court of Durham holden at 
 
 Hartlepool, Stockton, and Middlesborough ; 
 
 the County Court of Yorkshire holden at 
 
 Stokesley and Whitby. 
 The County Court of Yorkshire holden at 
 
 Scarborough, Bridlington, Beverley, Hedon, 
 
 Hull, Howden, and Goole. 
 The County Court of Lincolnshire holden at 
 
 Brigg, Great Grimsby, Louth, and Barton- 
 
 on-Humber. 
 The County Court of Lincolnshire holden at 
 
 Spilsby, Boston, Spalding, and Holbeaoh. 
 
 The County Court of Cambridgeshire holden 
 at Wisbeach ; the County Court of Norfolk 
 holden at King's Lynn and Little Walsing- 
 ham. 
 
 The County Court of Norfolk holden at Holt, 
 North Walsham, Great Yarmouth, and 
 Norwich. 
 
 The County Court of Suffolk holden at Becoles, 
 Lowestoft, and Halesworth. 
 
 The County Court of Suffolk holden at Fram- 
 lingham, Woodbridge, and Ipswich; the 
 County Court of Essex holden at Harwich. 
 
 The County Court of Essex holden at Col- 
 chester and Maldon. 
 
COUNTY COXJETS HAYING ADMIRALTY JURISDICTION. 269 
 
 Name of tlie Court 
 
 appoiuted to have Admi- 
 
 ralcy Jurisdiction. 
 
 The Districts of County Courts which, are to he, 
 for Admiralty Purpi>ses, the District of the Court, 
 the name of which is printed in the First Column. 
 
 The City of London 
 Court 
 
 The County Court of 
 Kent holden at ito- 
 
 The County Court of 
 Kent holden at 
 Eamsgate 
 
 The County Court of 
 Kent holden at Do- 
 
 The County Court of 
 
 Sussex holden at 
 
 Brighton 
 The County Court of 
 
 Hampshire holden at 
 
 Portsmouth 
 The County Court of 
 
 Hampshire holden at 
 
 Southampton 
 The County Court of 
 
 Dorsetshire holden 
 
 at Poole 
 
 The County Court of 
 Dorsetshire holden 
 at Dorchester 
 
 The County Court of 
 Devonshire holden 
 at Exeter 
 
 The County Court of 
 Devonshire holden 
 at Totnes and Chur- 
 ston Ferrers 
 
 The County Court of 
 Devonshire holden 
 at East Stonehouse 
 
 The County Court of Essex holden at Roch- 
 ford, Brentwood, andKomford ; the County 
 Court of Kent holden at Dartford, Graves- 
 end, Greenwich, and Woolwich ; the South- 
 wark County Court of Surrey ; the Bow 
 County Court of Middlesex ; the White- 
 chapel County Court of Middlesex ; and 
 the City of London Court. 
 
 The County Court of Kent holden at Pi,oohes- 
 ter, Sheerness, Sittiugbourne, and Faver- 
 sham. 
 
 The County Court of Kent holden at Canter- 
 bury, Margate, Eamsgate, Sandwich, and 
 Deal. 
 
 The County Court of Kent holden at 
 Dover, Folkestone, Hythe, and Kom- 
 ney; the County Court of Sussex holden 
 at Eye. 
 
 The County Court of Sussex holden at Has- 
 tings, Lewes, Brighton, Worthing, Arun- 
 del, and Chichester. 
 
 The County Court of Hampshire holden at 
 Portsmouth and Newport, Isle of Wight. 
 
 The County Court of Hampshire holden at 
 Southampton and Lymington. 
 
 The County Court of Hampshire holden 
 at Christchurch ; the County Court of 
 Dorsetshire holden at Poole and Ware- 
 ham. 
 
 The County Court of Dorsetshire holden at 
 Dorchester, Weymouth, and Bridport. 
 
 The County Court of Devonshire holden at 
 Axminster, Honiton, Exeter, and Newton 
 Abbot. 
 
 The County Court of Devonshire holden at 
 Totnes, Churston Ferrers, and Kings- 
 bridge. 
 
 The County Court of Devonshire holden at 
 East Stonehouse and Tavistock ; the 
 County Court of Cornwall holden at Lis- 
 keard. 
 
270 
 
 APPENDIX. 
 
 Name of the Court 
 appointed to have Admi- 
 ralty Jurisdiction. 
 
 The County Court of 
 Cornwall holden at 
 Truro 
 
 The County Court of 
 Devonshire holden 
 at Barnstaple 
 
 The County Court of 
 Somersetshire 
 holden at Bridge- 
 water 
 
 The County Court of 
 Gloucestershire 
 holden at Bristol 
 
 The County Court of 
 Gloucestershire 
 holden at Glouces- 
 ter 
 
 The County Court of 
 Monmouthshire 
 holden at Newport 
 
 The County Court of 
 Glamorgan shire 
 holden at Cardiff 
 
 The County Court of 
 Glamorganshire 
 holden at Swansea 
 
 The County Court of 
 Carmarthenshire 
 holden at Carmar- 
 then 
 
 The County Court of 
 Carnarvonshire 
 holden at Bangor 
 
 The Districts of County Courts which are to be, 
 for Admiralty Pui"pose8, the District of the Court, 
 the name of which is printed in the First Column, 
 
 The County Court of Cornwall holden at 
 Bodmin, St. Austell, Truro, Falmouth, 
 Helston, Penzance, Redruth, St. Columb 
 Major, and Camelford. 
 
 The County Court of Devonshire holden at 
 Holsworthy, Bideford. and Barnstaple. 
 
 The County Court of Somersetshire holden 
 at Williton, Bridgewater, and Weston- 
 super-Mare. 
 
 The County Court of Gloucestershire holden 
 at Bristol and Thornbury. 
 
 The County Court of Gloucestershire holden 
 at Dursley, Gloucester, and Kewuham. 
 
 The County Court of Monmouthshire holden 
 at Chepstow and Newport. 
 
 The County Court of Glamorgan holden at 
 Cardiff, Bridgend, and Cowbridge. 
 
 The County Court of Glamorgan holden at 
 Neath and Swansea ; the County Court of 
 Carmarthenshire holden at Llanelly. 
 
 The County Court of Carmarthenshire 
 holden at Carmarthen and Newcastle-in- 
 Emlyn ; the County Court of Pembroke- 
 shire holden at Narberth, Pembroke, and 
 Haverfordwest ; the County Court of 
 Cardiganshire holden at Cardigan and 
 Aberayron. 
 
 The County Court of Cardiganshire holden at 
 Aberystwith ; the County Court of Mont- 
 gomeryshire holden at Machynlleth ; the 
 County Court of Merionethshire holden at 
 Dolgelly ; the County Court of Carnarvon- 
 shire holden at Portmadoc, Pwllheli, Car- 
 narvon, Bangor, and Conway ; the County 
 Court of Anglesea holden at Llangefni and 
 Holyhead ; the County Court of Flintshire 
 holden at St. Asaph, Rhyl, Holywell, and 
 Mold. 
 
COUNTY COURTS HAVING ADMIEALTY JURISDICTION. 271 
 
 Name of the Court 
 
 appointed to have Admi- 
 
 nilty Jurisdiction 
 
 The County Court of 
 Lancashire holdeu at 
 Liverpool 
 
 The County Court of 
 Lancashire holden at 
 Preston 
 
 The County Court of 
 Cumberland holden 
 at Whitehaven 
 
 The Districts of County Courts which are to be, 
 for Admiralty Purposes, the District of the Court, 
 the name of which is printed in the First Column. 
 
 The County Court of Cheshire holdeu at 
 Chester, Birkenhead, and Runcorn; the 
 County Court of Lancashire holden at War- 
 rington, St. Helen's, Liverpool, and Orms- 
 kirk. 
 
 The County Court of Lancashire holden at 
 Preston, Kirkham, Poulton-le-Fylde, Gar- 
 stang, Lancaster, and Ulverstone. 
 
 The County Court of Cumberland holden at 
 Whitehaven, Cookermouth, Wigton, and 
 Carlisle. 
 
272 APPENDIX. 
 
 FORMS. 
 
 No. 1. — Praecipe to institute a Cause. 
 
 In the High Court of Admiralty of England. 
 
 ■ The [state title of cause'], master. 
 
 ■"°- I, A. B., proctor, hereby institute a cause of [state the 
 
 nature of the cause] on behalf of [state name, address, and 
 
 description of plaintiff], against [if in rem, state the name 
 
 and nature of the property proceeded against; if in perso- 
 nam, state name, address, and description of party to he 
 cited], in the sum of [state sum in letters] poimds. And I 
 consent that all instruments and other documents in the 
 said cause may be left for me at [state address required by 
 Bule No. 7]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 4. — Praecipe for Warrant. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 Kg. I, A. B. , proctor for the plaintiff, pray a warrant to 
 
 arrest [state name and nature of property]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his cleric for him.] 
 
 No. 6. — Praecipe for Service of Warrant by the 
 Marslial. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 No. I, A. B. , proctor for the plaintiff, pray that the warrant 
 
 herewith left be duly served on the [state name and nature 
 
 of the property to be arrested], now lying [state wliere 
 
 situate]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
FORMS. 273 
 
 No. 7. — Praecipe for Detainer. 
 
 In the High Court of Admiralty of England. 
 
 The [state title 0/ cause], master. 
 
 I, A. B. , proctor for tlie plaintiff, pray a detainer against No. 
 [state mime and nature of property]. 
 
 Dated the day of 18 . 
 
 [To be signed by tlie proctor, or by his cleric for him.] 
 
 No. 9. — Praecipe for Citation in Kem. 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 I, A. B. , proctor for the plaintiff, pray a citation against No. 
 all persons who have, or claim to have, any right, title, or 
 
 interest in [state name and nature of property], 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 1 1 . — Praecipe for Notice of Sale. 
 
 lu the High Court of Admiialty of England. 
 
 The [state title of cause], master. 
 
 I, A. B. , proctor for the plaintiff, pray a notice of sale of No. 
 the [state name and nature of property], now lying [state 
 
 where situate] imder arrest by virtue of a warrant issued 
 
 from the registry of this court, which was filed on the 
 day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 16. — Priecipe for Citation in Personam. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 I, A. B. , proctor for the plaintiff, pray a citation against No. 
 [state name, address, and description of the party to be 
 
 cited]. — 
 
 Dated the day of 18 . 
 
 [To be signed by tlie proctor, or by his clerk for him.] 
 
 No. 19. — Praecipe to enter an Appearance in 
 a Cause. 
 In the High Court of Admiralty of England. 
 The [state title of cause], master. 
 
 I, A. B., proctor, hereby enter an appearance on behalf ^°- 
 of [state nam&, address, and description of party] in the 
 
274 APPENDIX. 
 
 cause of [state stature of cause], which has been instituted 
 in the High Court of Admiralty of England, on behalf of 
 [state name, address, and description of plaintiff], against 
 [state against what or whom the cause is instituted]. And 
 I consent that all instruments and other documents in the 
 cause may be left for me at [state address, required by 
 Rule 36]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 20. — Prsecipe for Notice of Bail. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 No. I, A. B. , proctor for the [state vjliether plaintiff or de- 
 
 fendant], tender the under-mentioned persons as bail on 
 
 behalf of [state the narrte, address, and description of the 
 
 party for whom bail is to be given], in the sum of [state the 
 sum in letters] pounds, to answer judgment in this cause [if 
 for costs, add] so far as regards costs]. 
 
 Names, Addresses, and Descriptions of 
 
 Sureties. | Referees. 
 
 ■ 1. 
 
 2. 
 
 Dated the day of !& . 
 
 [ To be signed by the proctor, or by his clerk for him. ] 
 (The names of bankers should, if possible, be given as 
 referees. ) 
 
 No. 23. — Praecipe for Bail Bond. 
 
 In the High Court of Admiralty of England. 
 
 "ih-e [state title of cause], master. 
 
 No. I, A. B., proctor for the [state whether plaintiff or de- 
 
 fendant], pray a bail bond for the signature of the suieties 
 
 named in the annexed notice of bail and report of the 
 
 marshal. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 24.— Bail Bond. 
 
 In the High Court of Admiralty of England. 
 
 Tj The [state title of cause], master. 
 
 Whereas a cause of has been instituted in the 
 
FORMS. 275 
 
 High Court of Admiralty of England, on behalf of 
 against (and against intervening). Now, there- 
 
 fore, we and hereby jointly and severally, 
 
 submit ourselves to the jiirisdictiou of the said court, and 
 consent that, it he the said shall not pay what may 
 
 be adjudged against him in the said cause, with costs, exe- 
 cution may issue forth against us, our heirs, executors, 
 and administrators, goods and chattels, for a siun not ex- 
 ceeding pounds. 
 
 [Signature of sureties.} 
 This bail bond was signed by the ] 
 said and the sure- f 
 
 ties, the day of ( 
 
 18 . ) 
 
 Before me 
 [ To be signed before the registrar, or one of the clerks in the 
 rcyiatri/j or before a commissioner.} 
 
 No. 25. — Prsecipe for Commission to take Bail. 
 In the High Court of Admiralty of England. 
 
 The [state title of cause\ master. 
 
 I, A, B. , proctor for the [state whether plaintiff or defend- 
 ant}, pray a commission to take bail on behalf of [state 
 name, address, and description of the person for whom bail 
 is to be given}, in the sum of [state the sum in letters}, 
 pounds, to answer judgment in this cause (if for costs, add, 
 so far as regards costs) ; the said commission to be ad- 
 dressed to 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.} 
 
 No. 28. — Affidavit of Justification. 
 In the High Court of Admiralty of England. 
 
 The [state title of cause}, master. 
 
 I, [state name, address, and description}, one of the pro^ 
 posed sureties for [state name, address, and drscriplion of 
 the person for whom hail is to be gire/i}, make oath and say, 
 that I am worth more than the sum of [state the sum in 
 letters in which bail is to be given}, pounds after the pay- 
 ment of all my debts. 
 
 On the day of 18 \ 
 
 the said 7f''%'^^7i Signature of surety. 
 
 sworn to the truth of this t ./ j 
 
 affidavit, at ) 
 
 Before me, 
 
 , Commissioner. 
 
276 APPENDIX. 
 
 No. 29. — Prsecipe for Release. 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 J^o. I, A. B. , proctor for the [state whetlmr plaintiff or de- 
 fendant], in a cause of [state nature of cause], instituted on 
 behalf of against the [state name and nature of pro- 
 perty], now under arrest by virtue of a warrant issued 
 from the registry of this court, pray a release of the said 
 [bail having been given, or the cause having been 
 ■withdrawn by me before an appearance was entered there- 
 in, &o., as the case may be], and there being no caveat 
 against the release thereof outstanding. 
 Dated the day of 18 . 
 [ To he signed by the proctor, or by his cleric for him. ] 
 
 No. 31. — Praecipe for Caveat Release. 
 In the High Court of Admiralty of England. 
 
 The [state title of cause,] master. 
 
 No. I, A. B., proctor for the plaintiff in a cause of [state 
 
 nature of cause], instituted in behalf of [state name, address, 
 
 and description of plaintiff^, against [state name and nature 
 
 of property], pray a caveat against the release of the said 
 [state name and nature of property]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his cleric for Mm.] 
 
 No. 32. — Praecipe for Caveat Warrant. 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 N^o- I, [state name, address, and description], hereby under- 
 
 take to enter an appearance in any cause that may be in- 
 
 stituted in the High Court of Admiralty of England, 
 
 against [state name and nature of the property], and within 
 three days after I shall have been served with a notice of 
 the institution of any such cause, to give bail therein in a 
 sum not exceeding [state am,ountjFor which the undertaking 
 is given] pounds, or to pay such sum into the registry. 
 And I consent that all instruments and other documenta 
 in such cause may be left for me at [state address reouired 
 by BuU No. 36]. ^ 
 
 Dated the day of 18 . 
 
 [To he signed by the party, or by his proctor.^ 
 
FORMS. '277 
 
 No. 33.— Petition. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 A. B., proctor for the plaintiff in a cause of [state nature y;^ 
 of cau-ie], instituted on behalf of [state name, address, and 
 
 description of plaintiff], against [state name and nature of 
 
 property], and against intervening, says as follows : 
 
 [here make tlw. necessary statements in short paragraphs, 
 numbered consecutivehj]. 
 
 And the said A. B. prays [/iere state the plaintiff's 
 prayer]. 
 
 Dated the day of 18 . 
 
 [To be signed by the counsel and proctor.'] 
 
 No. 34. — Answer. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 C. D., proctor for [state, name, address, and description], jJq. 
 the defendant in thjs cause, says as follows : [here make 
 
 the necessary statements, in short paragraphs, numbered 
 
 ecmsecutively]. 
 
 And the said C. D. prays [here state the prayer of the 
 defendant]. 
 
 Dated the day of 18 . 
 
 [ To be signed by the counsel and proctor. ] 
 
 No. 35. — Reply or any Subsequent Pleading. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 A. B. , proctor for the [state ichether plaintiff or defend- jr 
 ant], further says as follows : [here nrnke t/ie necessary 
 statements, in slwrt paragraplis, niimhered consecutively]. 
 Dated the day of 18 . 
 
 [To be signed by t/ie comisel and proctor.] 
 
 No, 36. — Conclusion. 
 
 In the High Court of Admiralty of England. 
 
 The [state title ofcause^, master. 
 
 A. B. , proctor for the [state whether plaintiff or defend- j^q 
 ant], says, that he does not plead further, and prays that 
 
 the pleadings be concluded. 
 
 Dated the day of 18 . 
 
 [To be signed by the counsel and proctor.] 
 
278 APPENDIX. 
 
 No. 38.— Praecipe for Commission to Examine 
 
 Witnesses. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 "• I, A. B., proctor for the [state whether plaintiff or de- 
 
 fendant], pray a commission for the examination of wit- 
 
 nesses in this cause, decreed by the judge to be opened at 
 
 on the day of 18 , and to be ad- 
 
 dressed to [state natne of examiner or commissioner']. 
 [To he signed hy the proctor, or'by his clerk for him.'\ 
 
 No. 41. — Praecipe for Subpoena to appear before 
 the Judge. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 ^"^ I, A. B., proctor for the [state whether plaintiff or de- 
 fendant], pray a subpoena, commanding to appear 
 before the Judge of the High Court of Admiralty of Eng- 
 land, in , situate on the day of 
 18 , at, of the clock in the noon of the same 
 day, to give evidence in this cause [and to produce (describe 
 the papers to be produced, if any)]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 43. — Prsecipe for Subpoena to appear before an 
 Examiner or Commissioner. 
 
 In the High Court of Admiralty of England. 
 
 The [stale title of cause], master. 
 
 ^"- I, A. B., proctor for the [state whether plaintiff or de- 
 
 fendant], pray a subpoena, commanding to appear 
 
 before [state name], an examiner [or commissioner appointed 
 
 under a commission issued from the registry] of the High 
 Court of Admiralty of England, in situate 
 
 on the day of 18 , at of the dock 
 
 in the noon of the same day, to give evidence in 
 
 this cause [and to produce (describe the papers to be pro- 
 duced, if any)]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.'\ 
 
FORMS. 279 
 
 No. 45. — Praecipe for Summons. 
 In the High Court of Admiralty of England. 
 The [state title of cause], master. 
 
 I, A. B. , proctor for the [state whether plaintiff or de- jf q 
 fendant] in this cause, pray a summons against [state 
 
 whether defendant's or plaintiffs proctor] to appear before 
 
 the judge in Chambers to show cause why [state the cause 
 of summons]. 
 
 Dated the day of 18 . 
 
 [To be signed by tlie proctor, or by his clerk for him.'\ 
 
 No. 47. — Minute on Filing any Document. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 I, A. B. , proctor for the [state whether plaintiff or de- No. 
 fendoMt], file the following documents ; viz. [here describe 
 
 the documents]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 48. — Praecipe for Commission of Apprjiisement 
 and Sale. 
 
 In the High Court of Admiralty of England. — 
 
 The [state title ofcause^, master. 
 
 I, A. B., proctor for the [state whether plaintiff or de- No. 
 fendant], pray a commission for the appraisement and sale 
 
 of the [stat^ name and nature of property], which was de- 
 
 creed by the Court on the day of 18 . 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 50. — Praecipe for Order for Payment of Money 
 out of Court. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 I, A. B., proctor for the [state whetJier plaintif or de- No. 
 fendant], pray an order for the payment out of court to 
 
 [state to whom], of the sum of [slate the sum in letters], 
 
 being the [state the nature of the claim] decreed to be paid 
 to 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
280 
 
 APPENDIX. 
 
 No. 52. — Praecipe for Monition to Pay. 
 
 In the High Coivrt of Admii'alty of England. 
 
 The [state title of cause], master. 
 
 ^°- I, A. B. , proctor for the [state whether plaintiff or de- 
 
 fendant], pray a monition against [state name, address, and 
 
 ■ description], to pay to [state name, address, and description 
 
 of person to whom payment is to be made], the sum of [state 
 the sum in letters], being [state nature of claim], decreed by 
 order of the judge in this cause. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for him.] 
 
 No. 56. — Prsecipe to withdraw Caveat. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 No I, A. B., proctor for the [state wliether plaintiff or de- 
 
 fendant], pray that the caveat against [state tenor of caveat]. 
 
 entered by me on the day of 18 , on behalf 
 
 of [state name], may be withdrawn. 
 
 Dated the day of 18 . 
 
 [To be signed by the person by whom the praecipe for the 
 entry of the caveat was signed.] 
 
 No. 59. — Prsecipe for Attachment. 
 
 In the High Court of Admiralty of England. 
 
 The [state title of cause], master. 
 
 No. J, A. B. , proctor for the [state whether plaintiff or de- 
 
 fendant], pray an attachment against [state name, address, 
 
 and description], for his contumacy and contempt in {not 
 
 having obeyed the monition, bearing date the day 
 
 of 18 , for payment of the sum of [state the sum 
 
 in letters], which was served upon him on the day of 
 
 18 ). The commitment indorsed on the said 
 attachment to be addressed to [the keeper or jailor of lier 
 Majesty's jail or prison at , as the case may be]. 
 
 Dated the day of 18 . 
 
 [To be signed by the proctor, or by his clerk for Aim.] 
 
PLEAPIKGS. 281 
 
 ADDITIONAL FORMS OF PLEADINGS. 
 
 Suit for Salvage by Smacks. — Anchors and Chains 
 brought off from the shore. — Submission by 
 Defendants to pay what Court would award. 
 
 In the High Court of Admiralty of England. 
 
 The "Koyal Standard," master. 
 
 L. & X. T. & S. 
 
 W. B. & W. 
 
 Petition filed on behalf of the Plaintiffs. 
 L. & N. solicitors for the plaintiffs, in a cause of 
 salvage instituted on behalf of the owners and crews 
 of three luggers, namely, the "Ocean," of Margate, 
 and the " Albion" and "England's Glory," of Deal, 
 against the ship "Royal Standard," her tackle, 
 apparel, and furniture, and the cargo now or lately 
 laden therein, together with the freight due for the 
 transportation thereof ; and against the owners of 
 the said vessel and her said cargo, the defendants in 
 this cause intervening, say as follows : — 
 
 1. The "Ocean" is a lugger of 22 tons register, of the 
 value of £600, and on the occasion hereinafter mentioned 
 was manned with a crew of 18 hands, all told. The 
 "Albion" is a lugger of 20 tons register, of the value of 
 £530, and on the occasion hereinafter mentioned was 
 manned by a crew of 14 hands, all told. The "England's 
 Glory " is a lugger of 14 tons register, of the value of £350, 
 and upon the occasion hereinafter mentioned was manned 
 by a crew of 12 hands, all told. 
 
 2. The above-named ship "Royal Standard" is a full- 
 rigged ship, of 2083 tons register, and on the occasion here- 
 inafter mentioned was bound on a voyage from Colombo 
 and Ceylon to London with a general cargo, consisting of 
 cotton, coflfee, cinnamon, and other valuable produce, of 
 the estimated value of £200,000. The " Royal Standard " 
 is double A 1 classed 20 years at Lloyds', and with her 
 freight, was of the value of £50,000, or thereabouts. 
 
 No. 
 
.APPENDIX. 
 
 3. The "Royal Standard" having, in prosecution of her 
 said voyage, arrived off Pungeness and taken a .pilot on 
 board, proceeded as far as the North Foreland, off which 
 she arrived on the 20th March, 1869, and the flood tide 
 having ended,, she was there brought to an anchor with 
 both anchors and chains. Previously to the 20th it had 
 been blowing very strong indeed, and the crew of the 
 " Royal Standard " were partially knocked up with the 
 exertion of getting the vessel up channel, and several of 
 her men were below sick, and two others were on deck 
 with their arms in slings. 
 
 4. The lugger "Ocean," which belongs to Margate, left 
 that place about 1 p.m. on the said 20th day of March, in 
 consequence of many vessels in the neighbourhood being 
 seen to be iu distress. It was then blowing a most terrific 
 gale of wind from the N. N. E. , with snow and sleet storms 
 constantly occurring, and a very heavy sea. The ' ' Ocean " 
 left the harbour at half flood, smd proceeded through a 
 heavy surf for the sole purpose of rendering assistance to 
 shipping in distress. 
 
 5. At about half -past 4 p.m. of the said day, those on 
 board the "Ocean" saw a signal hoisted on board the 
 " Royal Standard," which was then about 2 miles distant, 
 and the " Ocean " immediately made the best of her way 
 to the " Royal Standard," and iu about an hour succeeded 
 in coming up with her. She had only her fore-topmast 
 staysail set, and, with her head in towards the land, 
 was drifting very fast towards it without any anchor 
 down. 
 
 6. The "Ocean," with considerable difliculty ran along- 
 side the "Royal Standard," and four of the "Ocean's" 
 hands, namely, W. 0., H. M., G. P., and E. E., with great 
 difficulty succeeded in boarding the "Royal Standard." 
 The master of the "Royal Standard " then informed the 
 said G. P. that the "Royal Standard " had lost her anchors 
 and chains, and that he (the said master) required two 
 more to be brought off immediately. The said master then 
 began to talk about getting the assistance of steam tugs, 
 when P. told him that they (the crew of the "Ocean") 
 would render the "Royal Standard" any assistance in 
 their power, and accordingly the pilot of the ship, her 
 master," and P. , went down in the cabin, where an order 
 was written to Lloyd's agent at Ramsgate, to send off two 
 anchors and chains of the size necessary for the ship. 
 Before leaving, the said master requested P. to leave the 
 three men who, in addition to himself, had boarded the 
 ship, on board her to assist her crew, and P. then got into 
 the "Ocean," and the "Ocean" proceeded to Ramsgate, 
 leaving such three men on board the ship. 
 
 7. The "Royal Standard" succeeded in obtaining the 
 
PLEADINGS. 283 
 
 assistance of two steam tugs, which made fast to her. The 
 said three hands of the "Ocean," who remained on board 
 the "Royal Standard," as aforesaid, were requested to 
 perform, and actually performed, the following services 
 whilst on board her :— W. 0. relieved the helm, and when 
 not at the helm, was at the lead, constantly heaving it. 
 E. was stationed on the look-out all the time, no other of 
 the ship's crew being with him, and the other man was 
 alternately supplying 0. 's place at the helm or the lead, 
 and also assisting in loosing the topsail and other things on 
 board the vessel. In this way the "Royal Standard" 
 proceeded through the Downs, and subsequently arrived 
 off Dover in tow of the tugs, which, having got her into 
 Dover Roads, there held her, one being on the port, and 
 the other on the starboard bow. 
 
 8. The "Ocean," on leaving the ship as aforesaid, pro- 
 ceeded to Ramsgate, and arrived there at about 7 p.m. 
 The wind being right out, there was great difficulty in 
 making for the entrance to the harbour, and extra assist- 
 ance was required for the purpose, and in entering the 
 harbour, damage was done to the lugger by her striking 
 against the Pier Head. Those belonging to the ' ' Ocean " 
 took the letter to Lloyd's agent, and the result of inquiries 
 made by him and them was, that there was only one 
 anchor in Ramsgate of sufficient size for the "Royal 
 Standard," and that there was not any chain cable of 
 sufficient length and size in Ramsgate. The telegraph 
 ■was, therefore, set to work, and it was ascertained that 
 there was a chain cable at Margate of sufficient size 
 for the ship, and it was, therefore, brought over by land 
 from Margate to Ramsgate at once, and it being ascer- 
 tained by telegraph that there was one anchor and chain, 
 arid only one, of siifficient size in Deal, such anchor and 
 chain were also ordered to be got ready, and the said G. P. , 
 and two others of the crew of the " Ocean," proceeded in 
 a fly in the night over land from Ramsgate to Deal, for the 
 purpose of getting all things ready to take such lastly- 
 mentioned anchor and chain off to the ship. 
 
 9. The chain from Margate having arrived, the said 
 first-mentioned anchor and 60 f.ithoms of 2-inch chain, 
 which together weighed 13 tons, were put on board the 
 " Ocean,' and at 1 a.m., on the 21st, the " Ocean " put to 
 sea (the gale still continuing) for the purpose of proceeding 
 with such anchor and chain to the ship. 
 
 10. At this time there was a heavy fall of sleet and 
 snow, and a tremendous sea running, which necessitated 
 the use of the pumps on board the "Ocean" to keep her 
 free. The "Ocean " did not find the ship in the Downs, 
 as was expected, and she then proceeded round the South 
 Foreland to Dover Roads, and, at a little after four in the 
 
284 APPENDIX. 
 
 morning, those on board the " Ocean " saw the " Royal 
 Standard," and they at ouce proceeded towards her, and 
 hailed her to get ready for the lugger to come alongside. 
 They were then requested to lie as near to the ship as 
 possible, which they did, and at about 6 a. m. , with great 
 dififioalty and personal risk, owing chiefly to the weight of 
 the anchor and chain, and with damage to the lugger, 
 succeeded in delivering the anchor and 60 fathoms of chain 
 on board the vessel. In order to get such anchor and 
 chain on board the ship, the " Ocean " had to put seven 
 more of her hands on board the ship to assist. The 
 "Ocean" got clear of the ship at 11 a.m., and with the 
 gale still continuing, proceeded for Eamsgate for the re- 
 maining pan of the chain, which had been too much for 
 the lugger to bring off at oue trip. The said three men 
 who had been put on board the ship as aforesaid were still 
 left on board her. The " Ocean " arrived at Ramsgate at 
 7 p.m., and took the remainder of the chain on board, and 
 then proceeded therewith to the ship, which she reached 
 at about 6 a.m. on the morning of the 22nd. 
 
 11. The " Ocean " then went alongside the ship, aud 
 found her brought up with the anchor and chain, which 
 she (the " Ocean ") had taken to her on the preceding day. 
 The crew of the " Ocean" then put the remaining part of 
 the chain on board the sliip, and were then requested to 
 lie by the ship all day until the weather should moderate, 
 which they did, and in the evening, the weather having 
 moderated, tlie " Ocean " left her and arrived at Rams- 
 gate at 10 p.m. (on the 22nd). 
 
 12. The said G. P. and his two companions, who left 
 Ramsgate for Deal as aforesaid, arrived at Deal at 10 p.m. 
 of the 20th, and got the largest higgers there, namely, the 
 "Albion" and "England's Glory," ready; and having 
 obtained the assistance of a number of men, succeeded in 
 putting the anchor on board one and the chain on board 
 the other of the said luggers, the said anchor and chain 
 together weighing 14^ tons ; and at 6 a.m. of the 21st they 
 made preparations for launching. The wind and sea in- 
 creasing, and the weather being very bad indeed, great 
 difficulty and danger were experienced in launching the 
 " Albion," which was laden with the anchor, the lower 
 woodsmen being up to their waists in the surf in endea- 
 vouring to launch her, and in launching her serious damage 
 was done to her. 
 
 13. The "Albion" having been launched, proceeded in 
 search of the ship, both her pumps being kept constantly 
 going. She proceeded round the South Foreland, and 
 when oft' Dover observed the ship and proceeded to her, 
 arriving by her at about 8 a.m. ; and then, with great 
 difficulty, a part of the " Albion's " crew, nine in number, 
 
PLEADINGS. 285 
 
 boarded the ship, and assisted in getting the anchor and 
 chain on board the ship over her bows, it being got in over 
 the bows owing to the position of the ship, and to other 
 vessels being in proximity to her, so that it might be im- 
 mediately ready for use. 
 
 14. The same difficulty and danger were experienced in 
 launching the "England's Glory," which was loaded with 
 the chain, and she also was damaged. She proceeded with 
 the chain to the ship, and having put six of her men on 
 board the ship to assist, the said chain was, at about 2 p.m., 
 got on board ; and the said anchor which had been put on 
 board by the "Albion," was then let go, and the "Eoyal 
 Standard " being then in safety, the said two tugs cast off 
 from her. The " England's Glory " then returned to Deal, 
 where she arrived at about 9 p.m. 
 
 15. At the time of the said services, the "Royal 
 Standard " having lost her anchors and chains, and being 
 in the situation aforesaid, was, with her cargo, in a position 
 of very considerable danger, and the services of the plain- 
 tiffs, which were promptly and efficiently rendered by them, 
 were of great value to the " Eoyal Standard " and her cargo. 
 
 16. In rendering the said services, considerable personal 
 risk was incurred by the plaintiffs, and the said luggers 
 ran great risk of being stove in and lost, and in rendering 
 such services the said luggers respectively were actually 
 damaged to the amounts following (that is to say), the 
 "Ocean" to the amount of £10 2s. lOd., the "England's 
 Glory" to the amount of ±'2 13s. 6d., and the "Albion" to 
 the amount of £5 8s. The plaintiffs also in rendering such 
 services incurred expenses amounting to the sum of £8 16s, 
 
 And the said L. and N. pray the Right Honourable 
 the Judge to award to the plaintiffs, in respect of 
 their said services, such an amount of salvage as 
 to him may seem just, and to condemn the de- 
 fendants and their bail therein and in costs, and 
 that further and otherwise right and justice may 
 be administered to the plaintiSs in the premises. 
 Dated the day of 
 
 L. &N. 
 E. C. C. 
 
 Answer of the Defendants, the Owners of the Ship and 
 Freight. 
 
 T. & S., proctors for the owners of the vessel 
 "Royal Standard," her tackle, apparel, and furni- 
 ture, and of the freight due for the transportation of 
 the cargo now or lately laden therein, in answer to 
 the petition liled in this cause, say as follows — 
 
286 APPENDIX. 
 
 1. The "Eoyal Standard " is a full rigged ship of 2083 
 tons register. On the 9th of November, i«68, being stout, 
 staunch, and strong, and in every way fitted for the 
 voyage, and manned by a crev^ of 42 hands, all told, she 
 left Colombo laden with a general cargo bound for the port 
 of London. 
 
 2. During the prosecution of her said voyage, the " Royal 
 Standard " met with strong gales and bad weather, but sus- 
 tained no damage beyond having some of her sails split, 
 which were, however, put in good order before she arrived 
 off Dungeuess. 
 
 3. About 7 p.m. of the 19th of March the "Royal 
 Standard " arrived off Dungeness, and her master engaged 
 the steam-tug "Albion" to tow her to London. The 
 weather was then and had been for some days before fine, 
 the wind blowing light from the south. 
 
 4. About 10p.m. of the same day the "Royal Standard," 
 in tow of the "Albion," arrived off Dover, where she took 
 on board a pilot, and under his charge proceeded ou her 
 voyage, the wind blowing fresh from the north. 
 
 5. Early in the morning of the next day, the 20th of 
 March, the "Royal Standard," in tow as aforesaid, arrived 
 oif the North Foreland, when the wind suddenly increased 
 to a heavy gale from the north, and the steam-tug being 
 unable to hold the ship, was obliged to cast off and put 
 into Margate. Before, however, the tug left the ship, it 
 was arranged between the master of the ship and the 
 master of the tug, that when the wind moderated the tug 
 should, upon an agreed signal being hoisted, return and 
 take the " Royal Standard " again in tow. 
 
 6. Upon the tug leaving the " Royal Standard " as afore- 
 said, she was, at about 8 a.m. of the said day, by order of 
 the pilot, brought to anchor, and so remained until about 
 4 p.m., when a gust of wind struck the ship, causing first 
 the starboard chains and then the port chain to give way. 
 The ship then began to drift towards the shore, from which 
 she was then about five miles distant, but the chain that 
 remained being slipped from the hawse, her head was 
 brought round before the wind, and under her foretop sail 
 and foretop mast staysail she ran free before the wind 
 through the Downs. 
 
 7. On the chains so giving way as aforesaid, the " Royal 
 Standard " hoisted the agreed signal for the return of the 
 tug to the ship. 
 
 8. At about 5 p.m., while the ship was running before 
 the wind as aforesaid, a lugger, which proved to be the 
 "Ocean," came alongside of her, and it was arranged 
 between the master of the ' ' Royal Standard " and the 
 master of the "Ocean" that the ship should proceed to 
 Dover Wick, and that her master, being provided by the 
 
PLEADINGS. 287 
 
 master of the "Royal Standard" with «, letter to Lloyd's 
 ageut at Ramsgate, should proceed there with the lugger, 
 and procure fresh anchors and chains, and ship ttiem 
 on board the "Royal Standard" when she arrived olf 
 Dover. 
 
 9. After the lugger had left for Ramsgate, the master 
 of the "Royal Standiird" found that three of the lugger's 
 crew had remained on board his ship, but they did so en- 
 tirely of their own accord, and without any request or 
 authority of the master, and were not required to render 
 any assistance in working the said ship, except that one of 
 them was for some time heaving the lead. 
 
 10. About the time the " Ocean " was alongside the 
 "Royal Standard" as aforesaid, a steam-vessel called the 
 "Wanderer," came up, and it was arranged between the 
 master of the "Wanderer" and the master of the ship that 
 the "Wanderer" should, for a sum of £60, hold the ship 
 whilst fresh anchors and chains were being procured, and 
 should afterwards assist the "Albion "in towing her to 
 London. 
 
 11. Shortly afterwards the " Albion " came up, and the 
 "Royal Standard" accordingly proceeded in tow of the 
 " Wanderer " and the "Albion" to Dover Wick, where 
 she was held by them until the following morning. 
 
 12. About (5 a. m. on that mornmg, the 21st of March, 
 while the " Royal Standard " was being held close under the 
 headland in Dover Road by the "Albion" and the "Wan- 
 derer," the weather having then moderated, the "Ocean" 
 came alongside, and an anchor and some chain was shipped 
 from her on board of the " Royal Standard, " without any 
 damage or risk to the " Ocean " or her crew. 
 
 13. Afterwards, on the same morning, the lugger 
 "Albion" and the lugger "England's Glory," came up 
 with another anchor and chain to the "Royal Standard." 
 This anchor and chain was shipped on board of the 
 "Royal Standard," without any damage or risk to the 
 "Albion" or the "England's lilory," or either uf their 
 crews. 
 
 14. After the " Royal Standard " had so taken on board 
 as aforesaid the said anchors and chain, she was towed by 
 the steam-tugs "Albion" and "Wanderer" into the outer 
 Dover Roads, where she came to anchor, with the anchor 
 and 76 fathoms of the chain which had been brought to her 
 as aforesaid by the ' ' Ocean. " 
 
 15. About 6 a-m. on the morning of the following day, 
 the 22nd of March, and while the "Royal Standard" was 
 so at anchor as aforesaid in the outer Dover Roads, the 
 " Ocean" returned to her with more chain. The weather 
 had then moderated, the sea had gone down, and the ship 
 ■was in a sheltered position, and tue chain was shipped on 
 
288 
 
 APPENDIX. 
 
 board of the "Royal Standard," without any difficulty or 
 danger to the " Ocean " or her crew. 
 
 16. The "Royal Standard" remained safely at anchor 
 as aforesaid until the 23rd of March, being detained by 
 gales from the north and north-east, when she weighed 
 anchor, and in tow of the "Albion " and the " Wanderer " 
 proceeded on her voyage, and about 6.30 p.m. of the 24th 
 of March arrived off Gravesend, and was there moored. 
 
 17. The " Royal Standard " never was in any danger 
 from the loss of her two anchors and chains, as hereiur 
 before mentioned. Moreover there were on board of her, 
 at the time when she so broke away as aforesaid, two other 
 anchors, one of which was as large, and the other nearly 
 as large, as those lost, and she had also on board about 
 105 fathoms of chain. 
 
 18. The only services rendered by the three luggers con- 
 sisted in their having bronght the aforesaid anchors and 
 chains on board the ship, and of these anchors and chains ; 
 and, moreover, the "Royal Standard" only made use of 
 the anchor and chain brought by the " Ocean." 
 
 19. Save as hereinbefore admitted all the several aver- 
 ments contained in the said petition are untrue. 
 
 Wherefore the said proctors pray the Right Honour- 
 able the Judge to award the plaintiffs such sum 
 as to ■ his lordship may seem fit, and that other- 
 wise justice may be done in the premises. 
 
 Dated the day of , 
 A. 0. 
 
 T. &S. 
 
 Answer oftlie Defendants, the Owners of the Cargo. 
 
 W., B., and W., solicitors for the owners of the 
 cargo lately laden on board the ship or vessel ' ' Royal 
 Standard, " defendants in this cause say — 
 That they repeat the averments in the answer filed on 
 behalf of the owners of the said ship, " Royal Standard," 
 in this cause, and pray the Right Honourable the Judge to 
 Ijronounce such a moderate sum to be due to the plaintiffs 
 for their services to the said cargo as to him shall seem 
 meet. 
 Dated the day of , in the year of our Lord 
 
 W., B. &W. 
 0. L. 
 
 Conclusion filed on behalf of the Plaintiffs. 
 
 L. and K, solicitors for the plaintiffs, further say 
 as follows — 
 1. They deny the statements contained in the answers 
 
PLEAuraGS. 289 
 
 of all the defendants, so far as the same are inconsistent 
 with the allegations made by the petition, and pray that 
 the pleadings may be concluded. 
 Dated this day of 
 
 L. &N. 
 E. C. C. 
 
 Pleading in a Suit for Salvage by Smacks in getting 
 vessel off sands for an agreed sum. — Defence, that 
 sum claimed exorbitant, and tender of reasonable 
 amount. 
 
 In the High Court of Admiralty of England. 
 
 The "Rose,'' master. 
 
 Petition filed on behalf of the Plaintiffs. 
 
 L. & X., solicitors for the plaintiffs in a canse of . 
 Salvage, instituted on behalf of the owners, masters, 
 and crews of the smacks "Deerhound," "Sea Lark," 
 "Beulah," "Active," "Lizzie Mordew," "Scout," 
 and "Increase," against the ship or vessel "Rose," 
 her tackle, apparel, and furniture, and the cargo 
 now or lately laden therein ; together with the 
 freight due for the transportation thereof ; and 
 against the owners of the ship or vessel "Rose," 
 Messieurs L. G-. B. & Co., the owners of part of the 
 said cargo, and J. B., the owner of other part of 
 the said cargo, the defendants in this cause inter- 
 veoing, say as follows : — 
 
 1. On the 2nd day of June, 1869, the smack " Deer- 
 hound," of Colchester, was cruising, on the look-out for 
 pilots, and also with the object of assisting vessels, when 
 at about 4 a.m. a vessel was observed on the G-unfleet 
 Sands, with her head to the E.N.E. She appeared to be a 
 brig of over 250 tons burthen, and afterwards proved to be 
 the "Rose," the vessel proceeded against in this cause. 
 She was laden with a cargo of deals and iron, bound from 
 Gefie, in Sweden, to London. The wind at this time was 
 blowing a gentle breeze from "W. by S. , and the sea was 
 comparatively smooth. 
 
 2. As soon as the "Rose" was observed, the " Deer- 
 hound " made for her, and offered assistance, but this the 
 master of the "Rose" refused, and he and his crew tried 
 to get her off the sand by carrying her kedge anchor out, 
 and then heaving upon it by the windlass. 
 
 3. Although it was high water at this time, and the 
 
 No. 
 
290 
 
 APPENDIX. 
 
 master of the " Eose " and his crew used every exertion, 
 they could not succeed in moving the vessel. 
 
 4. Seeing this to be the case, and knowing that each 
 successive tide would be lower than the one preceding, as 
 the tides were then taking off, the master of the "Deer- 
 hound" remained as near to the brig as possible, and on 
 the ebb tide, the six other smacks, whose owners and 
 crews are proceeding in this cause, also came up to the 
 " Eose, " and stayed by her, with a view to rendering 
 assistance in case of need. 
 
 5. The master of the " Eose" used his utmost endea- 
 vours to get his vessel off during the three tides following 
 the arrival of the "Deerbound," and not succeeding at the 
 third time of high-water, he offered to make an agree- 
 ment with the master of the " Deerhound" for assistance; 
 but not being able to agree upon the terms upon which 
 such assistance should be rendered, the master of the 
 "Eose," and his crew, commenced to throw the deck 
 cargo (consisting of deals) overboard in order to Lghten 
 the ship, but notwithstanding this they were unable to 
 move her. 
 
 6. Finding that all his efforts to get the ship off were 
 unsuccessful, the master of the "Eose" offered to make 
 an agreement for assistance, but this the plaintiffs refused, 
 expressing their readiness however to render assistance, 
 and to have the amount of their remuneration settled 
 on shore. 
 
 7. The master of the " Eose " having again tried to get 
 the ship off at high-water, on Thursday the 3rd of June, 
 and being unable to do so, asked 0. L. , the master of the 
 " Deerhound," what he would get the brig off for; and 
 the said 0. L. again replied that he would rather have the 
 matter settled on shore. 
 
 8. It was then getting on for the fourth time of high- 
 water, and the wind had come round to the S.S.W., from 
 which quarter it was blowing strongly, and on to the sand. 
 The tides were still decreasing in height, and the "Eose " 
 was sti-aiuing with every tide, so much so that she was 
 now making 11 or 12 inches of water per hour. She also 
 had a strong list at each low water. 
 
 9. Under these circumstances, the master of the " Eose" 
 became very anxious to get his ship off the sand ; and, 
 after stating that he was bound to make an agreement 
 according to the rules of his club, inquired what sum the 
 plaintiffs would get the ship off for. The seven masters of 
 the various smacks then went down into the cabin of the 
 brig, and, after discussing the matter, offered to get the 
 ship off for £450. The master of the " Eose " would not 
 consent to pay this sum, but offered £300, which the 
 plaintiffs refused, and the masters of the smacks thereupon 
 
PLEADINGS. 291 
 
 left the brig's cabin, and came on deck. The master of the 
 "JRose" came again to the masters of the smacks, who, 
 having consulted together, told him that £400 was the 
 lowest sum they could accept. After some further dis- 
 cussion, the plaintiffs agreed to accept £390, and for this 
 to run the risk of bringing one of the smacks up close on to 
 the sand, and using her windlass, as well as that of the 
 ship, in their endeavours to get her off. 
 
 10. This sum of £390 the master of the "Rose " at last 
 agreed to pay, and he himself wrote out an agreement to 
 that efifect, in duplicate, which was signed by all parties, 
 the following is a copy of such agreement : — 
 
 "Gunfleet, June, 3, 1869. 
 " I hereby agree with seven smacks of the port of 
 Colchester to assist my ship the ' Rose ' off the Gun- 
 fleet Sand into a port of safety for the sum of three 
 hundred and ninety pounds, say £390, if not approved 
 of by my owners to have it settled by reference. 
 "H. A., Master. 
 H. S. S., Mate. 
 0. L., smack ' Deerliound. ' 
 J. P. , smack ' Sea Lark. ' 
 J. W., 'Beulah.' 
 J. T., 'Active.' 
 E. J., 'Lizzie Mordew.' 
 H. C, 'Scout.' 
 B. S. , smack ' Increase. ' " 
 
 11. The above-mentioned agreement having been come 
 to, the plaintiffs all went to work in order to get the ship 
 off. Some of them went to the pumps in order to get the 
 water out of the ship, the crew being fatigued with their 
 exertions. Others cast the remainder of her deck cargo 
 overboard to lighten her, as it was impossible to get her 
 off without doing so. One of the smacks (the " Lizzie 
 Mordew") was brought as close as possible to the sand, 
 and anchored in very shoal water, with 50 fathoms of 
 cable out, and two of the ship's hawsers, bent one to the 
 other, having a total length of 150 fathoms, were carried 
 out and made fast to her. The brig's bower anchor, with 
 90 fathoms of chain attached, was also carried out by the 
 plaintiffs in a south south-westerly direction. About an hour 
 before the next time of high water, by means of heaving 
 with the greatest possible force both upon the chain which 
 had been carried out as before-mentioned, and upon the 
 hawser which had been made fast to the smack, the wind- 
 lasses of both vessels being made use of for the purpose, 
 the plaintiffs succeeded, at about 6.30 p.m. on Thursday, 
 the 3rd of June, in getting the ship off, and bringing her 
 up at a clear berth from the sand. It was necessary, in 
 
292 APPENDIX. 
 
 order to effect this, to slip tlie brig's anchor and 30 fathoms 
 of chain, and also to cut the hawser from the "Rose" and 
 " Lizzie Mordew," so that the head of the former vessel 
 might be got in the right direction. Thirteen of the 
 plaintiffs were left on board the brig for the purpose of 
 working at her pumps and navigating her into a place 
 of safety. 
 
 12. The " Eose " was got under weigh at 1 a.m. of 
 Friday, the 4th June, and proceeded for the river. At 
 high-water she was anchored midway between the Maplin 
 and Mouse Lights, the wind stiU blowing strongly from 
 the W.S.W. About 2 p.m. of the said 4th day of June, 
 the "Rose" was got under weigh again, and at high-water 
 came to anchor midway between Southend and the Chap- 
 man Head. At 2 a.m. on the 5th June, the "Hose" again 
 proceeded to Graveseud Eeach, where she was anchored 
 about 10 a.m. 
 
 13. During aU the preceding time the plaintiffs had 
 attended to the pumps and assisted in navigating the ship. 
 On her arrival in Gravesend Reach, finding that she had 
 taken up, and therefore required less pumping, and her 
 master having engaged a tug to tow her to London, the 
 plaintiffs, with his consent, left the vessel, she being then 
 in a place of safety. 
 
 14. One of the smacks (the " Scout ") followed the 
 "Rose" for the whole distance up to Gravesend, in order 
 to take the plaintiffs out of the ship, and to render any 
 assistance which might be required. 
 
 15. Had the "Rose" remained longer on the sand, it 
 woidd have been impossible to get her off, as the tides 
 were taking off, and she must have become a total wreck 
 during the heavy weather which ensued, and all her cargo 
 would have been lost. 
 
 16. By the aforesaid salvage services, the plaintiffs pre- 
 served the said vessel and her cargo from being so lost. 
 
 17. The ' ' Deerhound " is a smack worth (with her 
 tackle, &c.), between £500 and £600, and was manned 
 with a crew of 6 hands. The "Sea Lark" is of about 
 the same value, and was manned with a crew of 7 hands. 
 The ' ' Beulah " is worth about £500, and was manned 
 with a crew of 6 hands. The "Active" is worth between 
 £400 and £500, and was manned with a crew of 5 hands. 
 The "Lizzie Mordew" is worth about £600, and was 
 manned with a crew of 5 hands. The "Scout" is worth 
 £400, and was manned with a crew of 7 hands ; and the 
 "Increase" is worth at least £600, and was manued with 
 a crew of 6 hands. 
 
 18. The "Rose" is a brig of 252 tons register, and in 
 her damaged condition was worth at least £5.50. Her 
 cargo, including the freight thereon, in the damaged con- 
 
PLEADINGS. 293 
 
 dition in which it was salved was worth £1282. 5s., making 
 a total value of £1832. 5s. 
 
 19. The plaintiffs submit that they are entitled to the 
 sum of £390, mentioned in the aforesaid agreement, for 
 their said services ; and the defendants, the owners of the 
 "Rose," are willing to pay their proportion thereof. 
 
 And the said L. and IS", pray the Eight Honourable 
 the Judge to award to the plaintiffs, in respect of 
 their said services, the sum of £390, pursuant to 
 the said agreement, and to condemn the defen- 
 dants, and their bail therein or otherwise, in such 
 other sum as his Lordship may see fit to award to 
 the plaintiffs for their said services, and to con- 
 demn the defendants, the owners of the cargo, 
 now or lately laden on board the "Rose," in the 
 plaintiffs' costs of these proceedings, and that 
 further and otherwise, right and justice may be 
 administered in the premises. 
 Dated the day of 
 
 L. &N. 
 E. C. C. 
 
 Notice of Tender on behalf of Defendants, the owners of 
 Cargo. 
 
 Take iSToTiCE, that I have this day paid to the credit of 
 the Registrar of this Court, at the Bank of England, the 
 sum of one hundred and forty-eight pounds eight shillings, 
 which amount I tender to the plaintiffs on behalf of the 
 owners of the cargo of the "Rose,'' in satisfaction of the 
 services proceeded for in this cause by the said plaintiffs, 
 so far as regards the said cargo, together with such costs 
 (if any) as are due by law. 
 Dated the day of 
 
 T. C, 
 Solicitor for owners of cargo of "Rose." 
 To Messrs. L. & N. 
 
 Rejection of Tender filed on hehalf ef the Plaintiffs. 
 We, L. & N., for the plaintiffs, hereby reject the tender 
 made by Mr. C. on behalf of the owners of the cargo pro- 
 ceeded against in this suit, as insufficient. 
 
 L. & N. 
 Dated this 
 
 Answer fled on behalf of Defendants, the owners of Cargo. 
 T. C. , solicitor for Messieurs L. G-. B. , of , 
 
 merchants, and J. B., of , in the city of 
 
294 APPEKDIX. 
 
 London, merchants, the owners of the cargo of the 
 brig or vessel "Rose," some of the defendants, in 
 answer to the petition filed in this cause, says as 
 follows : — 
 
 1. At about 3 a.m. of the 2nd of June, 1869, the brig 
 "Eose," of 253 tons register or thereabouts, laden with a 
 cargo of battens, deals, and iron, in the prosecution of a 
 voyage from Gefle to London, under all plain sail, sud- 
 denly came to the ground on the Gunfleet Sands, between 
 the Upper and Lower Middle Bnoys thereof. 
 
 2. The weather at this time was fine, but hazy, and the 
 wiud was blowing lightly from the west-south-west, the 
 tide was flood, and the sea was smooth. 
 
 3. The sails of the "Rose" were then backed, and a 
 kedge anchor, with a warp attached to it, was carried out 
 from her, and attempts were made to get her afloat thereby, 
 and these attempts were unsuccessful, and at 6 a. m. of the 
 same day her master and crew put her long boat and spare 
 spars overboard, and proceeded to shift a portion of her 
 deck-load forward, and to make other preparations for 
 heaving the ' ' Rose " off. 
 
 4. On the ensuing flood tide, the master and crew of the 
 "Rose" endeavoured, by means of the aforesaid kedge 
 and warp, to heave her off, but she remained fast. 
 
 5. Some of the plaintiffs then came to the "Eose," and 
 offered their assistance for the sum of £450, and refused to 
 accept £150, which the master of the "Rose " offered to 
 pay them. 
 
 6. The master and crew of the ' ' Rose " then threw 
 overboard her deck-load, with the exception of about 100 
 deals, which were kept forward ; and upon the flood tide 
 making on the morning of the following, the third day of 
 said month, the master and crew of the "Rose" again 
 endeavoured to heave the " Rose " afloat. 
 
 7. At about 9 a. m. of the same day the plaintiffs again 
 offered their assistance to the "Rose," but refused to 
 render any services whatever unless and until the master 
 of the " Eose " made and entered into the agreement set 
 out in the 10th article of the said petition. 
 
 8. After the plaintiffs had so as afoi-esaid induced the 
 master of the "Eose" to sign the said agreement, two of 
 the hawsers of the " Rose " were bent one to the other, 
 and taken to one of the smacks of the plaiutifl's, and there 
 secured. After this, one of the bower anchors of the 
 "Rose," with 90 fathoms of cable, was carried out and 
 dropped in a south-westerly direction from the "Rose," 
 and upon the flood tide making the windlasses of the 
 " Rose " and of the aforesaid "Smack " were manned, and 
 by means of the same, and of the aforesaid bower anchor, 
 the " Eose " was shortly after 5 p.m. of the said 3rd day 
 
PLEADINGS. 295 
 
 of June hove afloat. The hawsers fast to the said smack 
 were then cut, and the bower anchor of the " Rose" was 
 slipped, together with about 30 fathoms of chain ; and the 
 " Rose " was got clear of the Guufleet Sands, and brought 
 up by another of her anchors at about 6 p.m. of the said 
 day. A number of the plaintiffs and their smacks then 
 left the "Rose." 
 
 9. Although the condition of the " Rose " was then such 
 that her master and crew could alone have saileid her in 
 safety to London, the plaintiffs induced the master of 
 the "Rose" to allow 13 of their number to remain on 
 board her. 
 
 10. The " Rose " remained at anchor until 1 a.m. of the 
 4th day of the said month, when the flood tide making, 
 she weighed and made sail, and proceeded to work up for 
 the river Thames. This the "Rose" continued doing 
 until it became high water, when she anchored between 
 the Maplin and Mouse Light vessels. Upon the flood tide 
 again malcing on the same day, and which it did at about 
 2 p.m., the "Rose" was got under weigh, and again 
 worked up for the river until high water, when she was 
 anchored between Southend and the Chapman Head. 
 
 11. At about 2 a.m. of the 5th of the said month the 
 "Rose" again got under way, and was worked up to 
 Gravesend Reach, where she arrived at about 9 am. of 
 said day. The "Rose" then anchored, and the aforesaid 
 thirteen of the plaintiffs then left her. 
 
 12. The "Rose" was afterwards on the said day towed 
 by a steam tug from Gravesend Reach to the Surrey 
 Commercial Docks, for which towage of the "Rose," the 
 sum of £5 has been paid. 
 
 13. During all the time aforesaid, the weather was fine 
 with light prevailing winds from the southward and west- 
 ward, and the tides were increasing. 
 
 14. No material damage was sustained by the "Rose," 
 through having grounded as aforesaid. 
 
 15. The "Rose " while she lay aground on the Gunfleet 
 Sand, and when she came off the same, and subsequently 
 during her passage to Gravesend Reach, made but a very 
 small quantity of water, which her own pumps worked by 
 her own crew could have discharged from her. 
 
 16. The assistance, if any required by the ' ' Rose " to 
 have got her off from the Gunfleet Sand, could have been 
 rendered by one of the smacks of the plaintiffs, and the 
 crew thereof, but the plaintiffs, as they stated, in accord- 
 ance with a rule existing among them, insisted on the 
 employment of aU the smacks and their crews then 
 near. 
 
 17. At the time of the aforesaid services, the said brig 
 "Rose" was of the value of £630, and the amount of 
 
29(5 APPENDIX. 
 
 freight payable on aoconnt of the transportation of the 
 said cargo was to wit the sum of about £200. 
 
 18. The cargo of the "Rose" was of the value of 
 £1267. 
 
 19. The now pleading defendants submit that the said 
 sum of £390 was and ia an exorbitant sum for the plaintiffs 
 to demand, and that the said agreement was not and is 
 not under the circumstances above mentioned binding 
 upon the said defendants. 
 
 20. Save as hereinbefore stated the allegations con- 
 tained in the petition of the plaintiffs filed in this oanse 
 are untrue. 
 
 21. The now pleading defendants have legally tendered 
 to the plaintiffs the sum of £148. 8s. for any services 
 whatever which they may have rendered to the cargo of 
 the "Rose." 
 
 And the said T. C. prays the Right Honourable the 
 Judge to pronounce for the sufficiency of the 
 aforesaid tender made by the owners of the cargo 
 of the said brig "Rose," and to dismiss them 
 from this suit, and to condemn the plaintiffs in 
 costs, and that otherwise right and justice be done 
 in the premises. 
 Dated the day of 
 
 T. C. 
 H. F. P. 
 
 Seply and Condiidon filed on hehalf of the Plaintiffs. 
 
 L. c& N. , solicitors for the plaintiffs, in reply to 
 
 the answer of the defendants, the owners of the 
 
 cargo, now or lately laden on board the' ship or 
 
 vessel " Rose," further say as follows ; — 
 
 1. The statements contained in the said answer, so far 
 
 as they differ from the allegations contain in the petition, 
 
 are untrue. 
 
 And the said L. and N. pray the Right Honourable 
 the Judge to pronounce against the tender made 
 in this cause, and say that they do not plead 
 further, and pray that the pleadings may be 
 concluded. 
 Dated the day of 
 
 L. & N. 
 E. C. C. 
 
COUNTY COURT FOEMS. 297 
 
 COUNTY COUET FOEMS. 
 
 No. 1 . — Praecipe to Institute a Suit. 
 Admirally Jurisdiction. 
 
 In the Comity Court of 
 h olden at 
 
 I, L. M., attorney, hereby institute a suit for [state 
 the nature of the suitj on behalf of [state name, address, and 
 description of plaintiff] against [if the owner or owners be 
 not IcROivn, state the owner or owners unhnown of the property 
 to which the suit relates, describing its name and nature and 
 where it then is ; if known, state name, address, and descrip- 
 tion of party proceeded against, the name and nature of the 
 property to which the suit relates, and where it is,] in the 
 sum of [state sum in letters] pounds. And I consent that 
 all instruments and documents in the said suit may be left 
 for me at [state address required by General Order No. 5], 
 [add, where so desired, and I require the summons to be 
 served by the bailifif of the court]. 
 
 Dated the day of -18 . 
 
 (To be signed by the party, his attorney or his clerk 
 for him.) 
 
 No. 2.— Praecipe for Permission for Suit to be heard 
 at a Special Place. 
 
 Admiralty Jurisdiction. 
 
 In the County Court of 
 holden at 
 
 (Title of Suit.) 
 I, X. Z., attorney, do pray that permission may be 
 granted for the hearing of this suit (here state the name of 
 the place at which ami description of the building in which it 
 is desired that the sitting should be held, and if the building 
 is not one in which the county court ordinarily sits, add, 
 and I undertake to hire the use of the said building at my 
 expense, to be allowed as costs in the suit if the court shall 
 allow thereof). 
 
 Dated this day of 18 . 
 
 (To be signed by the party, his attorney or his clerk 
 for him.) 
 
298 
 
 APPENDIX. 
 
 No. 6. — Notice of Sureties. 
 Admiralty Jurisdiction. 
 
 In the County Court of 
 holden at 
 
 {Title, of Snit.) 
 Take notice that the sureties whom I propose in the 
 above suit are \h(re state the names and additions of the 
 sureties, whether housekeepers or freeholders, and tlieir re- 
 sidences for the last six months, therein mentioning Die. county 
 or city, places, streets, and numbers, if any.} 
 Dated the day of 18 . 
 
 To A. B. [the party in whose 
 behalf the suit is instituted], 
 or C. D., the attorney of 
 A. B. [the, <fcc.] 
 
 No. 7. — Affidavit of Justification. 
 
 Admiralty Jurisdiction. 
 
 In the County Court of 
 holden at 
 
 {Title of Suit.) 
 I [state name, address, and description], one of the pro- 
 posed sureties in this suit, make oath and say, that I am 
 worth more than the sum of [state the sum in letters in 
 which bail is to be given] pounds after the payment of all 
 my debts. 
 
 (Signature of surely.) 
 On the day of 18 , the said 
 
 was duly sworn to the truth of this affidavit, at 
 Before me 
 
 No. 8.— Bail Bond. 
 A dmiralty Jurisdiction. 
 
 Id the County Court of 
 holden at 
 
 {Title of Suit.) 
 
 Whereas a suit for has been instituted in this 
 
 court on behalf of A. B. of against 
 
 Now therefore we [state names, addresses, and descrip- 
 tion of sureties], jointly and severally submit ourselves to 
 the jurisdiction of the said court, and consent that if he 
 [or they], the said shall not pay what may be 
 
 adjudged against him [or them] in the said suit, with 
 costs, execution may issue forth against us, our heirs, 
 
COUKTY COURT FOEirP. 299 
 
 executors, and administrators, our goods and chattels, for 
 a sum not exceeding [state sum in letters] pounds. 
 
 (Signatures of sureties.) 
 Tiie bail bond was signed by the said and 
 
 the sureties, the day of 18 
 
 Before me, 
 
 Registrar of the Court, 
 
 or one of his clerks. 
 
 No. 10. — Praecipe to enter an Appearance. 
 
 A dmiralty Jwixdiction. 
 
 In the County Court of 
 holden at 
 
 {Tale of Suit.) 
 I, R. S., attorney, hereby enter an appearance on behalf 
 [state name, address, and description of party], in the suit 
 for [state nature of suit] which has been instituted in this 
 court on behalf of [state, name, address, and description of 
 plaintiff], against [state against whom, the suit is instituted]. 
 And I consent that all instruments and documents in the 
 suit may be left for me at [state address required by General 
 Order, No. 11]. 
 
 Dated the day of 
 
 ( To be signed by the defendant, his attorney, or his clerk 
 fur him.) 
 
 No. 15. — Praecipe for a Warrant of Execution. 
 
 Admiralty Jurisdiction. 
 
 [Seal] 
 In the County Court of 
 holden at 
 
 {Title of Suit.) 
 I, S. R., attorney, do require a warrant of execution to 
 issue against the goods of C. D., of , who was 
 
 ordered by decree of this Court of the day of 
 
 18 , to pay to the plaintiff or myself, as his attorney, the 
 sum of pounds for [here insert for what the sum was 
 
 ordered to be paid], and who has not paid the said sum as 
 so ordered. 
 
 Dated the day of 18 . 
 
 {Signature of attorney.) 
 
300 
 
 APPENDIX. 
 
 No. 18. — Praecipe for paying in Money. 
 
 Admiralty Junsdiction. 
 
 In the County Court of 
 iiolden at 
 
 (Title of Suit.) 
 I, A. B., of do pay the sum of [staic sum in 
 
 letters] pounds into Court in this suit at the request and 
 by the authority of , he having agreed to pay [or 
 
 tender] the same in settlement of the claim of the plaintiff 
 [or as the case may he\. 
 
 Dated the day of 18 . 
 
 [To be signed hy the party, his attorney, or his clerh 
 for him.) 
 
FEES. 301 
 
 FEES 
 
 TO BE TAKEN IN THE HIGH COUET OF ADMIRALTY OF 
 ENGLAND, BY THE OFFICERS AND PRACTITIONERS 
 THEREIN. 
 
 SCHEDULE I. 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 5 
 
 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 
 
 10 
 
 
 
 1 
 
 
 
 
 
 
 
 7 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 10 
 
 
 
 Fees to be taken by the Officers, and to be collected hy means 
 of Admiralty Court Stamps. 
 
 In the Registry. 
 
 1. On every precipe 
 
 2. ,, -warrant or citation . . . . 
 
 3. ,, detainer 
 
 4. ,, release . . . . . . 
 
 5. ,, commission, monition, decree, re- 
 
 quisition, attachment, or other 
 instrument for which a fee is not 
 specially provided 
 
 6. ,, bail bond ... . . 
 
 7. ,, afifidavit of justification . 
 
 8. ,, subpoena . .... 
 
 9. , , minute, including the entry of the 
 
 order, if any . . . .050 
 
 10. ,, summons, including the entry of 
 
 the judge's or Registrar's order 10 
 
 11. ,, notice of sale, or notice of proceed- 
 
 ings in a cause of possession . . 10 
 
 12. ,, notice of motion, including the en- 
 
 try of the judge's order . . 10 
 
 13. ,, notice to have a cause placed on 
 
 the list for hearing, including the 
 entry of judge's order if the cause 
 be by default . . . . 10 
 
 14. , , ditto, ditto, if the cause be contested 2 
 
 15. ,, notice to have a reference placed on 
 
 the list for hearing . . . 10 
 
 16. On writing for the attendance of Trinity 
 
 masters at the hearing of any cause . . 10 
 
 17. On the examination of any witnesses vivA 
 
 voce, either in court or before the Regis- 
 trar 10 
 
& 
 
 
 
 s. 
 
 1 
 
 d. 
 
 
 
 
 
 2 
 
 1 
 
 6 
 
 
 302 APPENDIX. 
 
 18. On administering an oath for each deponent . 
 
 19. On aflBxing the seal of the court to any in- 
 
 strument or parchment .... 
 
 20. Ditto, ditto, to any other document . . 
 
 21. Ou every pleading, conclusion, proof, notice, 
 
 agreement, or other document, on the same 
 being filed, save an exhibit, or any instru- 
 ment, or document, previously issued from 
 the registry or the marshal's office . .050 
 
 22. On every exhibit, including the marking 
 
 thereof ..010 
 
 23. For every oifice copy of a document in the 
 
 English language, per sheet, not exceeding 
 ten folios, including the E,egistrar's signa- 
 ture 5 
 
 24. If required to be collated in the Eegistry, per 
 
 sheet, not exceeding ten folios, in addition 
 
 to the above . . . . . .026 
 
 25. For office copies of papers in a foreign lan- 
 
 guage, or of shorthand writers' or reporters' 
 notes, or of abstracts or translations made 
 in the Eegistry, ia addition to the above 
 fees, the charge of the copyist, shorthand 
 writer, reporter, or translator . . . 
 
 26. On collating original documents with the 
 
 proof sheets of printed matter, if done with 
 a clerk or clerks of the proctor or proctors, 
 per sheet demy of printed matter, whether 
 of four pages of folio, or eight pages quarto 10 
 
 27. If done wholly in 'the Eegistry, per sheet 
 
 demy 
 
 28. On a reference to the Eegistrar . 
 
 29. If the attendance of one or two merchants is 
 
 required, to each merchant . . . 
 
 30. In cases of great intricity, and large amount, 
 
 the Eegistrar, and to each merchant . \ 
 
 31. When the accounts to be investigated do not I 
 
 amount to 300?. , to the Eegistrar and to < 
 each merchant . .... 
 
 32. When the accounts to be investigated do not I 
 
 amount to 100?., to the Eegistrar and to • 
 each merchant . . . . . .1 
 
 33. Ou drawing the report and schedule in cases 
 
 in which the claim exceeds 100?. . ..100 
 
 34. Ditto, ditto, where the claim does not exceed 
 
 100? 10 
 
 35. On taxing any bill of costs, per sheet, not 
 
 exceeding ten folios, from each party to 
 
 the taxation 5 
 
FEES. 
 
 36. On taxing any bill of costs, per sheet not 
 
 exceeding ten folios, if but one party at- 
 tends the taxation 10 
 
 37. On a receivable order . . . ..026 
 
 38. On a receipt for money or for papers .026 
 
 39. On every order for payment of money out of 
 
 the Registry . . . ..050 
 
 40. Poundage on moneys paid out of the Registry 
 
 in any cause, if the sum does not exceed 
 
 m 5 
 
 41. Ditto, ditto, if it exceeds 50/. , but does not 
 
 exceed 100? 10 
 
 42. Ditto, ditto, if it exceeds lOOi. , but does not 
 
 exceed 200/ 10 
 
 43. For every additional 1001 10 
 
 44. !No poundage is payable on the transfer of 
 
 money from the Registry to the naval prize 
 account, or on transmitting it to the Court 
 of Appeal in pursuance of a monition. 
 
 45. From a person who is not a party in the 
 
 cause, nor his proctor, nor the clerk of the 
 proctor, on examining the court books in 
 respect of any cause . . . . .010 
 
 46. On examining the dociunenta in a cause in 
 
 which no proceedings are pending, and 
 which has been terminated within the last 
 two years . . . . . ..026 
 
 47. Ditto, ditto, if beyond that period . .050 
 
 48. Attendance at the bank to receive dividends, 
 
 transfer, sell, or purchase stock or exche- 
 quer bills, or convert bills of exchange for 
 suitors 10 
 
 49. Attendance of a clerk out of the profession, 
 
 or in any court of law or equity, besides 
 
 the expenses of travelling, for every day .10 
 
 50. On every appointment of a standing commis- 
 
 sioner to take bail . . ..500 
 
 51. On every appointment of a standing com- 
 
 missioner to administer oaths in Admiralty 10 
 
 52. On filing a claim for repayment of the excess 
 
 of wages paid to a substitute hired in the 
 place of a volunteer into the Royal Navy, 
 including copy sent to the Admiralty . . 10 
 5.'3. On the opinion of the Registrar objecting to 
 
 the claim 10 
 
 54. On certificate ordering payment of amount 
 
 due, including the copy to be sent to the 
 Accountant-Ueneral of the Navy . . 10 
 
 55. Oa registering power of attorney for a Queen's 
 
 303 
 
304 APPENDIX. 
 
 ship generally, and copy thereof for Somer- 
 set House ..... 110 
 
 56. On registering ditto, specially . . . 10 
 
 57. Poundage on monies paid to the Naval Prize 
 
 Account, the same as on payment of monies 
 out of the Registry in causes. 
 
 58. On taxing accounts in naval prize matters, 
 
 the same as on taxing bills in causes. 
 
 59. On writing letters in regard to naval prize 
 
 matters _ . 10 
 
 60. On letters patent to a vice-admiral, or judge 
 
 of a Vice- Admiralty Court, issued under 
 seal of the court, besides the stamp duty, 
 if any . . . . . . . 2 10 
 
 61. .Ditto, ditto, to an advocate. Registrar, or 
 
 marshal of a Vice-Adnuralty Court, be- 
 sides the stamp duty, if any . . . 
 
 62. On every appointment of a coroner 
 
 In the MarslmTs Office. 
 
 63. On every praecipe . . . . . . 
 
 64. On the execution of every warrant 
 
 65. On the execution of every citation in rem 
 
 66. On the execution of every attachment, for 
 
 every person attached . . . .10 
 
 67. On the execution of every decree or commis- 
 
 sion of unlivery, appraisement, or sale ..100 
 
 68. On the eiecution of any other instrument for 
 
 which a fee is not specially provided .10 
 
 69. On attending, appointing, and swearing ap- 
 
 praisers . . . . . ..100 
 
 70. On delivering up ship or goods to the pur- 
 
 chaser, agreeably to the inventory . .10 
 
 71. On attending the unlivery of the cargo, or 
 
 sale of ship or goods, per day . ..200 
 
 72. On retaining possession of a ship, or of a ship 
 
 and goods, to include the cost of a ship- 
 keeper, if required, per day . . .050 
 
 73. On everyreport as to the sufficiency of sureties 10 
 
 74. If the marshal, or any of his substitutes is 
 
 required to go a greater distance than five 
 miles from his office, to perform any of 
 the above duties, he will be entitled to 
 his reasonable expenses for travelling, 
 board and maintenance. 
 
 75. Poundage on the proceeds of any vessel or 
 
 goods sold under the decree of the court, 
 
 if the same do not exceed 501. . . . 10 
 
 2 10 
 
 
 
 2 
 
 
 
 5 
 
 
 
 2 
 
 
 
 10 
 
 
 
FEES. 305 
 
 £ s. d. 
 
 76. Exceeding 501. but not exceeding 1002. ..100 
 
 77. For every additional 1001. or part thereof .10 
 
 SCHEDULE II. 
 
 Fees to ie taken by Examiners and Commissioners for their 
 own use. 
 
 1. For examining witnesses vivd voce, on a ( 2 2 
 
 pleading, according to the length of time < to 
 occupied, per day . . . . .(440 
 
 2. If the examination takes place at a greater 
 
 distance than three miles from the General 
 Post Office, Loudon, the examiner or com- 
 missioner will be entitled, in addition, to 
 his proper and reasonable expenses for tra- 
 velling, board, and maintenance 
 
 3. For drawing and engrossing a return of the 
 
 witnesses to be examined in London ..110 
 
 4. Ditto, ditto, of the witnesses examined under 
 
 a commission 110 
 
 5. On taking bail, whether under a standing or 
 1 conunission 110 
 
 SCHEDULE III. 
 
 Fees to be taken by Practitioners for their own use. 
 Attendances. 
 
 1. Attendance in the Registry, filling up and 
 
 leaving prseoipe 6 8 
 
 2. Subsequent attendance on obtaining an in- 
 
 strument for which the praecipe was re- 
 quired, including the getting of the seal 
 of the court afiSxed 6 8 
 
 3. Attendance in the Registry, filing any docu- 
 
 ment or instrument 6 8 
 
 4. Attendance in the Registry, filing notice of 
 
 motion 6 8 
 
 5. Attendance in the Registry, procuring a cause 
 
 to be set down in the list for hearing .068 
 
 6. Attendance in the marshal's office, filling up 
 
 praacipe, and leaving with him any instru- 
 ment required to be served by him ..068 
 
 7. Attendance on counsel, leaving with him a 
 
 case, pleading or brief, and paying him his 
 fee thereon, if the fee do not exceed one 
 guinea . . . . ; . .034 
 
 8. If above one guinea, but not exceeding five 
 
 guineas 6 8 
 
306 APPENDIX. 
 
 £ s. d. 
 9. If above five guineas, but not exceeding ten 
 
 guineas 13 4 
 
 10. And for every additional ten guineas, or part 
 
 thereof 6 8 
 
 11. Attendance at a conference . . , .068 
 
 12. Ditto, at a consultation 13 4 
 
 13. Attendance, serving notice or summons on 
 
 adverse proctor, including copy of such 
 
 notice or summons . . . . .068 
 
 14. Attendance on adverse proctor, serving him 
 
 vrith any copies of pleadings or affidavits .068 
 
 15. Attendance at the office of a public journal, 
 
 procuring the insertion of an advertise- 
 ment 6 8 
 
 16. Attendance before the judge in chambers, 
 
 on a motion or summons . . . .068 
 
 17. Attendance on a motion in court . . . 13 4 
 
 18. Attendance in court at the hearing of a ( 1 1 
 
 cause, according to the time occupied, per < to 
 day (220 
 
 19. If the cause be by default . . . . 13 4 
 
 20. Attendance upon a viritness, taking instruc- 
 
 tions for his examination . ... ,068 
 
 21. Attendance at the examination of witnesses, (110 
 
 where the proctor is assisted by counsel, < to 
 according to the time occupied, per day . ( 2 2 
 
 22. Ditto, ditto, where the examination is con- (110 
 
 ducted by the proctor alone, according to < to 
 the time occupied, per day . . .(440 
 
 23. If required to go beyond three miles from the 
 
 General Post Office, to attend the exami- 
 nation of witnesses, the reasonable ex- 
 penses of travelling, board, and mainte- 
 nance, will be allowed in addition. 
 
 24. Attendance before the Registrar, or before / , in 
 
 the Registrar and merchants, on a refer- ) j. 
 ence, according to the time occupied, per j ^ An 
 
 (110 
 
 25. If counsel attend the hearing of the reference < to 
 
 (2 2 
 
 26. Where the accounts to be investigated do not 
 
 exceed 3001. , a smaller fee shall be allowed 
 at the discretion of the Registrar. 
 
 27. Attendance on taxing a bill of costs, per 
 
 sheet, not exceeding ten fplios . ..034 
 
 28. All other necessary attendances, either 
 
 before the judge in chambers, before the 
 Registrar or a commissioner, or upon the 
 
FEES. 
 
 £ s. d. 
 adverse party or proctor, and for wMoh a 
 fee has not been specially provided . .068 
 
 Instmctions. 
 
 29. Instructions for any petition or answer . . 13 4 
 
 30. Instructions for any reply, rejoinder, or sub- 
 
 sequent pleading 6 8 
 
 31. Instructions for any special affidavit ..068 
 
 Pleadings and Affidavits, 
 
 32. Drawing any petition, or answer, if not ex- 
 
 ceedijQg twenty folios . . . .10 
 
 33. If exceeding twenty folios, for every addi- 
 
 tional folio 10 
 
 34. Drawing any reply or subsequent pleading, 
 
 if not exceeding ten folios . . . 10 
 
 35. If exceeding ten folios, for every additional 
 
 folio 10 
 
 36. Drawing and engrossing tbe conclusion .068 
 
 37. Drawing any affidavit, if not exceeding five 
 
 foUos 5 
 
 38. If exceeding five folios, for every additional 
 
 folio 10 
 
 39. Drawing, engrossing, and swearing any affi- 
 
 davit in verification of the service of any 
 summons, notice, &c., besides the fee paid 
 on being sworn 2 6 
 
 40. Drawing any notice of motion . . . 10 
 
 41. Drawing any brief, case for hearing, bUl of 
 
 costs, or other document not before speci- 
 fied, per folio 10 
 
 42. Perusing and abstracting any pleading, affi- 
 
 davit, or other document filed in the cause, 
 
 per folio 4 
 
 Copies. 
 
 43. Engrossed copies of every pleading, affidavit 
 
 or other proof, and of any document to be 
 filed and left in the registry, including the 
 carefully collating the same, per folio ..006 
 
 44. Every other copy of any document, per folio 4 
 
 45. Collating any copy, per folio . . .002 
 
 46. Correcting the press, per sheet demy, whether 
 
 of four pages folio, or eight pages quarto . 10 
 
 Letters, Messengers, <kc. 
 
 47. Every necessary letter during the depen- 
 
 dence of the cause 3 6 
 
 N.B. No fee to be allowed for perusing letters. 
 
 X 2 
 
 307 
 
308 
 
 APPENDIX. 
 
 £ s. d. 
 48. Term fee, for letters, messengers, &c., during 
 
 each term in which any business is done . 15 
 
 SCHEDULE IV. 
 
 Fees to be taken by the Practitioners, for the use of other 
 Persons. 
 
 Counsels' Clerks. 
 Not to exceed as under : 
 Upon a fee to counsel under 5 guineas . .026 
 5 guineas and under 10 guineas . ..050 
 10 guineas and under 20 guineas . . .0100 
 20 guineas and under 30 guineas . ..0150 
 30 guineas and under 50 guineas . . .10 
 50 guineas and upwards, for every guinea 
 
 paid 6 
 
 On consultations : 
 
 Senior's clerk 7 6 
 
 Junior's clerk 2 6 
 
 On general retainer . . . . . 10 6 
 
 On common retainer . . . . ..026 
 
 On conference . . . . . . .026 
 
 Witnesses' Expenses. 
 Allowance to witnesses, including their board 
 and lodging, as between party and party : 
 Common witnesses, as labourers, jour- 
 neymen, sailors, &;c., &o. 
 
 If required to come a distance not 
 
 exceeding five miles, per diem .050 
 If a greater distance, per diem .076 
 Master tradesmen, yeomen, farmers, 
 masters and mates of vessels, &c. 
 If required to come a distance not 
 exceeding five miles, per diem . 10 
 Bankers, merchants, professional men, ) , , „ 
 notaries, engineers, and surveyors, ( ^ 
 auctioneers, and accountants, &o., ( « , 
 
 per diem J d J 
 
 Clerks to bankers, merchants, profes- 
 sional men, and others : 
 If required to come a distance not 
 
 exceeding five miles, per diem . 10 6 
 
 If a greater distance, per diem .110 
 
 Esquires and gentlemen, per diem .110 
 
FEES. 309 
 
 Females according to station in life 
 
 If required to come a distance not 
 
 £ s. d. 
 
 5 
 
 to 
 
 
 
 exceeding five mUes, per diem • / n i n 
 
 lO 7 6 
 If a greater distance, per diem . < to 
 
 (10 
 The travelling expenses of witnesses 
 shall be allowed according to the 
 sums reasonably and actually paid ; 
 but in no case shall there be an 
 allowance for such expenses,, of 
 more than Is. per mile one way. 
 
 Printing. 
 Not to exceed as under : 
 
 Per sheet demy, whether of four 
 
 pages folio, or eight pages quarto 2 2 
 Extra for table work, per page folio, or 
 two pages quarto .... 
 
 If in pica type 5 
 
 If in small pica . . . .076 
 If in long primer . . . . 10 6 
 
 Where pica or small pica can be used for table work, a 
 smaller type shall not be allowed on taxation. 
 
 The paper emploj'ed for the printing shall be fine demy, 
 weighing not less than 241bs. to the ream ; and the prices 
 mentioned above shall include aU charges for printing, 
 paper, folding, and stitching. 
 
 No charge shaE be allowed on taxation for corrections. 
 
310 
 
 APPENDIX. 
 
 COUNTY COUET FEES. 
 
 SCHEDULE I. 
 
 Fees to he taken in County Courts having Admiralty 
 Jurisdiction, 
 
 Fees to be taken by 
 Kegistrar and ac- 
 oounted for and paid 
 over to the Trea- 
 
 On every institution of a suit six- 
 pence in tie pound, and on hear- 
 ing of the game an additional fee 
 of sixpence in the pound on the 
 amount claimed, where it does 
 not exceed fifty pounds ; and 
 where it does exceed fifty pounds, 
 then five shillings additional on. 
 the institution, and on the hear- 
 ing of the suit for every fifty or 
 fraction of fifty pounds claimed 
 over and above the first fifty 
 pounds. Where the Court is to 
 be held beyond three miles from 
 the Registrar's office, then an 
 additional fee of one shilling for 
 each mile from the office to the 
 place of sitting. 
 
 
 Where the Amount claimed 
 
 Fees to be taken-by the 
 Registrar for his own use. 
 
 does not 
 
 exceed 
 
 £20. 
 
 exceeds £20 
 
 and does not 
 
 exceed 
 
 *100. 
 
 exceeds 
 .iSlOO, 
 
 On every institution of 
 
 suit, and summons 
 
 thereon 
 
 ,, warrant of arrest 
 
 of a vessel . . 
 
 „ release 
 
 £ s. d. 
 
 2 6 
 
 2 6 
 2 6 
 
 £ s. d. 
 
 5 
 
 5 
 5 
 
 £ s. d. 
 
 7 6 
 
 7 6 
 7 6 
 
COUNTY COURT FEES. 
 
 311 
 
 
 "Wbere the Amount claimed 
 
 Fees to be taken by the 
 Registrar for his own use. 
 
 does not 
 
 exceeds £20 
 and does not 
 
 exceeds 
 
 
 
 £20. 
 
 exceed 
 £100. 
 
 £100. 
 
 
 £ 
 
 s. d. 
 
 £ s. 
 
 d. 
 
 £ s. d. 
 
 On every bail bond . . 
 
 
 
 2 6 
 
 5 
 
 
 
 7 6 
 
 „ affidavit of justifi- 
 
 
 
 
 
 
 cation 
 
 
 
 1 
 
 2 
 
 6 
 
 2 6 
 
 ,, subpoena . . . 
 
 
 
 1 
 
 2 
 
 
 
 3 
 
 „ notice of hear- 
 
 
 
 
 
 
 ing . each 
 
 
 
 1 
 
 1 
 
 6 
 
 2 6 
 
 Summons for the attend- 
 
 
 
 
 
 
 ance of assessor at the 
 
 
 
 
 
 
 hearing of any suit, each 
 
 
 
 6 
 
 1 
 
 6 
 
 2 6 
 
 For every order of transfer 
 
 
 
 5 
 
 10 
 
 
 
 15 
 
 Where a court is to be held 
 
 
 
 
 
 
 specially for the hearing 
 
 
 
 
 
 
 of a suit imder Rule 3 . 
 
 
 
 15 
 
 1 5 
 
 
 
 1 15 
 
 Where the court is to sit 
 
 
 
 
 
 
 for the hearing or part 
 
 
 
 
 
 
 hearing of a suit beyond 
 
 
 
 
 
 
 three miles from Regis- 
 
 
 
 
 
 
 trar's office, then in ad- 
 
 
 
 
 
 
 dition .... 
 
 15 
 
 15 
 
 
 
 15 
 
 Mileage one way from office 
 
 
 
 
 
 
 to place of sitting, for 
 
 
 
 
 
 
 each mile 
 
 
 
 6 
 
 
 
 6 
 
 6 
 
 When the Registrar cannot 
 
 
 
 
 
 
 return the same night . 
 
 1 
 
 1 
 
 1 1 
 
 
 
 I 1 
 
 For drawing final decree . 
 
 
 
 7 6 
 
 10 
 
 
 
 15 
 
 For filing an affidavit or 
 
 
 
 
 
 
 other document, not 
 
 
 
 
 
 
 being a document an- 
 
 
 
 
 
 
 nexed to an affidavit' 
 
 
 
 6 
 
 1 
 
 
 
 1 
 
 For every office copy of a 
 
 
 
 
 
 
 document in the English 
 
 
 
 
 
 
 language . per foHo 
 
 
 
 4 
 
 
 
 4 
 
 4 
 
 For office copies of papers 
 
 
 
 
 
 
 in a foreign language, or 
 
 
 
 
 
 
 of shorthand writers' or 
 
 
 
 
 
 
 reporters' notes, or of 
 
 
 
 
 
 
 abstracts or translations 
 
 
 
 
 
 
 made in the office, in ad- 
 
 
 
 
 
 
 dition to the above fees. 
 
 
 
 
 
 
 the charges of the copy- 
 
 
 
 
 
 
312 
 
 APPENDIX. 
 
 Fees to be taken by the 
 Registrar for bis own use. 
 
 ist, shortliaud ■writer, re- 
 porter, or translator 
 
 On a receipt for money or 
 for papers, (only one fee 
 to be taken however many 
 may he the papers de- 
 livered in at one time) . 
 
 Poundage on monies paid 
 out of the office in any 
 suit for every 50i. or 
 fraction thereof 
 
 From a person who is not 
 a party in the suit, nor 
 his attorney, nor the 
 clerk of the attorney, 
 on examining the court 
 books in respect of any 
 suit .... 
 
 For every summons of com- 
 mitment . . . . 
 
 For every warrant against 
 the body or goods or 
 order of sale of vessel . 
 
 For making or transmit- 
 ting note of any decree 
 or order under Rule 33 . 
 
 On examining the docu- 
 ments in a suit in which 
 no proceedings are pend- 
 ing, and which has been 
 terminated within the 
 last two years 
 
 Ditto ditto if be- 
 
 yond that period . . 
 
 For every sitting in which 
 the Registrar is em- 
 ployed as an examiner . 
 When the sitting is 
 longer than one 
 hour, then for every 
 
 Where the Ambunt claimed 
 
 does not 
 
 exceed 
 
 £20. 
 
 exceeds £20 
 
 and does not 
 
 exceed 
 
 £100. 
 
 £ s. d. 
 
 6 
 
 2 
 
 10 
 
 1 6 
 
 2 6 
 
 16 
 
 16 
 2 
 
 exceeds 
 £100. 
 
 £ 3. d. . £ s. d. 
 
 10 10 
 
 5 5 
 
 10 
 
 3 
 
 5 
 
 2 6 
 
 2 6 
 3 6 
 
 7 
 
 1 
 
 5 
 
 7 6 
 
 3 6 
 
 2 6 
 3 6 
 
 10 
 
COUNTY COUKT FEiiS. 
 
 313 
 
 ■ 
 
 Where the Amount claimed 
 
 Fees to be taken by the 
 Registrar for his o-wn use. 
 
 does not 
 
 exceed 
 
 £20. 
 
 exceeds £20 
 
 and does not 
 
 exceed 
 
 £100. 
 
 exceeds 
 £100. 
 
 additional hour or 
 part of an hour 
 
 Where the Registrar 
 shall be required to 
 attend elsewhere 
 than at the court or 
 office, in addition to 
 the above 
 
 Mileage one way from 
 
 the office to place 
 
 of examination, for 
 
 each mile . . . 
 
 For taxation of costs 
 
 £ s. d. 
 
 £ s. d. 
 5 
 
 10 
 
 6 
 5 
 
 £ s. d. 
 
 7 
 
 1 
 
 6 
 
 7 
 
 Fees to be taken for tl'e use of 
 the High Bailiff. 
 
 For service of summons or 
 subpoena, if served within 
 three miles of Registrar's 
 office .... 
 
 If served beyond three 
 miles of Registrar's office, 
 reasonable expenses for 
 travelling and mainte- 
 nance . . . . 
 
 Attendance on court if re- 
 quired by Judge, where 
 court is to be held spe- 
 cially for the hearing of 
 a suit under Rule 3 
 
 On execution of a warrant 
 of arrest of a vessel or 
 property . . . . 
 
 On keeping possession of a 
 vessel or property to in- 
 clude the cost of a vessel 
 keeper, if required, per 
 day .... 
 
 3 6 
 
 5 
 10 
 
 3 6 
 
 5 
 
 10 
 15 
 
 5 
 
 5 
 
 15 
 
 1 
 
 5 
 
314 
 
 APPENDIX. 
 
 
 Where the Amount claimed 
 
 Fees to bo taken for the use of 
 the High BailitE. 
 
 does not 
 
 exceed 
 
 £20. 
 
 exceeds £20 
 
 and does not 
 
 exceed 
 
 £100. 
 
 exceeds 
 £100. 
 
 If execution had at a 
 greater distance tban 
 three miles from Regis- 
 trar's oflSoe, reasonable 
 expenses for travelling 
 and maintenance . . 
 
 On sale of vessel or pro- 
 perty, including inven- 
 tory, for every 501. or 
 fraction thereof 
 
 For service of summons of 
 commitment 
 
 Execution of warrant 
 against body or goods . 
 
 Conveyance to gaol, per 
 mile . . . . 
 
 £ s. d. 
 
 10 
 2 
 10 
 9 
 
 £ «. d. 
 
 10 
 
 5 
 
 1 
 1 
 
 £ s. d. 
 
 10 
 
 10 
 
 1 10 
 1 6 
 
 To the appraiser for ap- 
 praisement of a vessel, 
 including inventory. 
 
 Ten shillings per cent, on 
 the appraised value of the 
 property, with reasonable 
 expenses for travelling and 
 maintenance if the vessel 
 is^ beyond three mUes from 
 Registrar's office. 
 
COUNTY COURT FEES. 
 
 315 
 
 SCHEDULE II. 
 
 Costs and Charges to he paid to Counsel and Attomeys-at- 
 Law under the County Courts Admiralty Jurisdiction 
 Act, 1868, between Party and Party. 
 
 Lower 
 Scale, 
 not exceed- 
 ing £100. 
 
 Instructions to sue or defend . . 
 
 Application for substituted service . 
 
 Attendance on the Registrar, filling 
 up and leaving praecipe, and obtain- 
 ing the document or instrument for 
 which the praecipe was required, 
 including the getting the seal of the 
 Court affixed .... 
 
 Serving any notice or summons on a 
 party or his attorney, including 
 copy thereof 
 
 If served beyond three miles of Regis- 
 trar's office, reasonable expenses for 
 travelling and maintenance . 
 
 Examining and taking minutes of 
 evidence of each witness afterwards 
 allowed by the Judge (whether 
 counsel employed or not) . , . 
 If above six folios, for every ad- 
 ditional folio . . ■ . 
 
 Dravring brief, per folio . 
 
 Copy brief, per folio, and necessary 
 documents to accompany same 
 
 Attending counsel therewith . . 
 
 Fee to counsel and clerk, sum paid 
 not exceeding .... 
 
 If conference with counsel allowed, 
 appointing it'and attending counsel 
 
 Fee to counsel and clerk on con- 
 ference 
 
 Attending Court on trial, with 
 counsel 
 
 Attending Court and conducting suit, 
 where no counsel employed . . 
 
 Where judgment is deferred, attend- 
 ing Court to hear it , . . 
 
 £ s. d. 
 10 
 4 
 
 6 8 
 3 6 
 
 3 4 
 
 1 
 1 
 
 4 
 
 3 4 
 
 3 5 6 
 
 10 
 
 16 
 
 13 4 
 
 1 10 
 6 8 
 
 Higher 
 Scale, 
 above 
 £100. 
 
 £ s. d. 
 15 
 6 
 
 10 
 
 5 
 
 6 8 
 
 10 
 10 
 
 4 
 
 3 4 
 
 5 10 
 
 13 4 
 
 1 6 
 
 1 1 
 
 2 2 
 6 8 
 
316 
 
 APPENDIX. 
 
 Witnesses' expenses, 
 scale in force 
 
 according to 
 
 Occasional Costs. 
 
 Lodging order of transfer . 
 
 Notice of application for a new trial, 
 or to set aside proceedings, includ- 
 ing copies of duplicate originals and 
 service, and attending Registrar of 
 the Court therewith, such notices 
 and copies being signed by the 
 attorney ..... 
 
 Any attendance -which the Registrar 
 may think "was necessary . . . 
 
 AU necessary affidavits, not exceeding 
 five folios; including filing, each . 
 For every additional folio . 
 
 Oath (sum paid) . .... 
 
 Attending Court to support or oppose 
 any application or motion without 
 counsel 
 
 Attending in the last-mentioned cases 
 with cotinsel 
 
 Fee to counsel and clerk not exceeding 
 
 Attorney's traveUing expenses to 
 attend Court or an examiner, where 
 the place of sitting in either case 
 is beyond three miles of the Regis- 
 trar's office, one way, per mile 
 
 Where, in the opinion of the Registrar, 
 he cannot return the same night, in 
 addition to the above mileage 
 
 Any attendance on au examiner, 
 which the Registrar may, upon tax- 
 ation, think was necessary . . 
 
 When the attendance is longer than 
 one hour, then for every additional 
 hour or part of an hour . 
 Drawing all necessary documents, per 
 
 folio 
 
 Plans and charts to be allowed by 
 special order of Judge, not exceed- 
 ing 
 
 Lower 
 Scale, 
 not exceed- 
 ing £100. 
 
 £ e. d. 
 
 10 p 
 
 6 8 
 3 4 
 
 Higher 
 Scale, 
 above 
 £100, 
 
 1 1 
 
 
 
 15 
 
 1 3 
 
 
 6 
 
 
 
 6 
 
 1 11 
 
 6 
 
 5 
 
 
 
 4 
 
 
 
 1 
 
 
 
 2 2 
 
 
 
 £ s. d. 
 
 16 8 
 
 13 4 
 
 6 8 
 
 5 
 
 10 
 
 1 1 
 
 15 
 
 2 4 6 
 
 
 
 
 
 6 
 
 1 
 
 11 
 
 6 
 
 
 
 7 
 
 
 
 
 
 6 
 
 
 
 
 
 1 
 
 
 
 3 3 
 
COUNTY COURT FEES. 
 
 317 
 
 Attending taxing costs . . . 
 
 All necessary copies, per folio . 
 Letters and messages (to be allowed 
 once in the suit only) , . . . 
 
 Costs of the Day on" Adjournment. 
 
 Attending Covirt where no counsel em- 
 ployed 
 
 Attending with counsel . . . 
 
 Refresher fee to counsel and clerk, 
 not exceeding .... 
 
 Witnesses' expenses same as on trial. 
 
 Costs op Appeal. 
 
 Preparing notice of appeal, including 
 copies and service 
 
 Application to stay proceedings . . 
 
 Transmitting case and copies, includ- 
 ing notice to successful party 
 
 Application to Judge for leave to pro- 
 ceed on judgment . . . . 
 
 Depositing decree or order of Court 
 of Appeal 
 
 Lower 
 ScJile, 
 not exceed- 
 ing £100. 
 
 £ s. d. 
 5 
 4 
 
 5 
 
 15 
 10 
 
 1 3 6 
 
 7 .0 
 7 
 
 5 
 
 5 
 
 3 
 
 Higher 
 Scale, 
 above 
 £100. 
 
 £ s. d. 
 
 7 
 
 4 
 
 10 
 
 1 
 15 
 
 2 4 6 
 
 10 
 
 10 
 
 7 
 
 7 
 
 4 
 
 N.B. — The Registrar is to tax the biUs of costs of de- 
 fendants upon the lower scale when the suit is for a sum 
 not exceeding 1001., and upon the higher when it exceeds 
 1001 ; and the bills of costs of plaintiffs upon the lower 
 scale when the sum recovered does not exceed lOOZ., and 
 upon the higher when it exceeds lOOl. , unless in either case 
 the Judge shall otherwise order. 
 
 Costs between Attorney and Client shall ' be 
 allowed on the above scale, with such additions thereto 
 as the Registrar may on consideration of special circum- 
 stances think fit to follow. ^ 
 
 In Suits entered in the Court by Agreement of 
 Parties under paragraph 4 of section 3 of the County 
 Courts Admiralty Jurisdiction Act, 1868, the costs shall be 
 
318 
 
 APPENDIX. 
 
 allowed on the scale of costs allowed in the High Court of 
 Admiralty if the attorneys shall agree in the memorandiun 
 that they shall he so allowed, and if no such agreement 
 shall be made, then according to the County Court Admi- 
 ralty scale as between attorney and client. 
 
 Hathekley, C, 
 
 R. Phillimore, Judge of the High Court 
 of Admiralty. 
 
 James Stanspbld, Jr. ComTnissioner of 
 the Treasury. 
 
 Lansdowne, Do. Do. 
 
INDEX. 
 
 ABANDONIIENT OF SALVA.SE, effect of local custom, 118, 
 
 agreement for, when void, 116. 
 
 discretion of Court, as to, 117. 
 
 abandonment of salvage agreement, 100, 
 
 abandonment of salvage attempt, 10. 
 ABANDONMENT OP VESSEL, effect of on crew as salvors, 19, 
 
 what amounts to, 20. 
 
 ABANDONMENT, TEMPOEART, OF VESSEL, 
 giving up possession to master on return, 145, 
 
 ABROAD, 
 
 security when owner of vessel a foreigner, 154, 239. 
 
 salvage by seamen of Royal Navy abroad, proceedings on, 151, 
 
 239. 
 documents to be sent to Court of Admiralty or Vice Admiralty for 
 
 adjudication, 239. 
 upon whom bond binding, and how enforced, 155, 239, 240. 
 documents free of duty, 240. 
 forgery of documents relating to, and how punishable, 240. 
 
 ABSENT PERSON, salvage due to, when to be retained by Receiver 
 of Wreck, 230. 
 
 ACCIDENT to vessel abent to be towed, where tug claims salvage, 44. 
 
 ACTION for share of salvage, 103. 
 
 ACTUAL SALVORS, share of crew who are not actual salvors, 108. 
 crew of light ship, 109. 
 
 ADDRESS for service, 161. 
 
 ADMIRALS, &c., not to interfere with wreck, 221. 
 
 ADMIRALTY, consent of, to salvage suit by seamen of Royal Navy, 50, 
 
 237. 
 ADMIRALTY, COURT OF, jurisdiction over salvage disputes, 156, 228. 
 jurisdiction over all claims relating to salvage, 156, 233. 
 when services rendered in body of county, 1 67, 233. 
 power of court of, to decide question of title in cases of salvage, 
 
 247. 
 power of, to direct viva voce examination of witnesses who have 
 made depositions, 247. 
 
320 INDEX. 
 
 ADMIRALTY, COURT OV,— continued. 
 
 examination of witnesses before Commissioners of, 173, 248. 
 
 attendance of witnesses in, enforced by subpoena, 173, 248. 
 
 production of documents in, enforced by subpcena, 248. 
 
 power of, to direct trial of issues, 248, 249. 
 
 costs of Commissions, 249. 
 
 power of, to direct new trial, 249. 
 
 when application to be made, 249. 
 
 cost of new trial, 249. 
 
 appeal from refusal or granting of new trial by, 249. 
 
 bill of exceptions on trial of issues directed by, 249. 
 
 record of issue to be forwarded to, 249, 250. 
 
 appeal to Privy Council from, 250. 
 
 notes of evidence certified by judge of, to be evidence, 250. 
 
 power of judge of, to make rules, 251. 
 
 no action lies against judge of, 251. 
 
 gaolers to receive prisoners committed by, 251. 
 
 discharge of prisoners committed for contempt by, 251. 
 
 fees in, 301—9. 
 
 ADVANCES, deduction of, out of share of salvage, 119. 
 
 ADVICE, when a salvage service, 10. 
 
 A PPIDAVITS, evidence by, 173. 
 
 in county coui-t proceedings, regulations as to, 187, 188. 
 
 to lead warrant of arrest, 162. 
 
 to obtain arrest of vessel in county court, 183. 
 
 AGENT, consular officer, when to be agent of owner in case of foreign 
 ship, 242, 243. 
 of salvor, negligence by, how far salvor answerable for, 141. 
 when salvage service completed, 142. 
 
 AGREEMENT, SALVAGE, 
 to salve for fixed sum, 94. 
 salvors bound by, 94. 
 need not be in writing, 95. 
 must be clearly defined, 95. 
 effect of value of cargo upon, 95. 
 set aside for fraud, 96. 
 
 for exorbitance of amount, 97. 
 when for salvage of ship alone, 97. 
 effect of concealment of condition of vessel upon, 94 — 96. 
 binding on parties to it only, 96. 
 master can bind owner by, 96. 
 not binding on salvors not parties to it, 98. 
 not affected by hardness of bargain, 99. 
 effect of change of weather upon, 99. 
 onus of proof of, 100, 
 abandonment of, 100. 
 
INDEX. 321 
 
 AGEEEMENT, SAL\ AGE— continued. 
 
 payment into Court of agreed amount, 100. 
 
 release of property under, 148. 
 
 releasing sliip upon giving Eecurity for salvage, 241. 
 
 security, how enforced, 241, 
 
 statements as to service, 241. 
 
 AGREEMENT FOR ABANDONMENT, when void, 116. 
 discretion of Court as to, 117. 
 when binding on person with notice of it, 117. 
 need not be in writing, 117. 
 onus of proof of, 117. 
 
 AGEEEMENT FOE APPOETIONMENT binding when equitable, 114 
 to 115. 
 set aside if inequitable, 114, 116. 
 
 ALLEGATIONS in pleadings, parties bound by, 170. 
 
 AMBIGUOUS SIGNAL, how considered, 35. 
 
 AMOUNT OF SALVAGE, principles regulating, 76. 
 liberal reward given, 76. 
 American decisions upon, 77. 
 effect of subsequent storms upon, 79. 
 liberality in awards for life salvage, 80. 
 where life and property both saved, 80. 
 for salvage of passenger steamers, 81. 
 for salvage by steamers, 81. 
 for salvage by passenger ships, 82. 
 value of property risked, effect of, on amount, 82. 
 compensation for damage to salving vessel, 82, 83. 
 payments by owner to be set out in petition, 83. 
 compensation for loss of fishing, 83, 84. 
 remoteness of damage, 85. 
 
 effect of insurance being imperilled by deviation, 85 to 87. 
 in cases of derelict, 87. 
 no rule as to giving a moiety, 88, 89. 
 instances where moiety given, 89. 
 proportion of property to award, 89. 
 value of property, how ascertained, 90. 
 when to be taken, 90, 91. 
 
 where freight saved at intermediate port, 91, 92. 
 appraisement of property, 93, 94. 
 where agreement for fixed sum, 94 to 100. 
 effect of misconduct upon amount, 124. 
 appeals as to questions of amount, not favoured, 207. 
 unwillingness of Court to disturb decision of justices in questions 
 of amount, 210. 
 
322 INDEX. 
 
 ANCHOE, furnishing to distressed Tcssel, 15. 
 
 manufacturer of, to mark name or initials on, 237. 
 penalty for neglect, 237. 
 
 ANSWER, time for filing, 169. 
 
 APPEAL to PriTy Council, 206. 
 
 as to questions of amount discouraged, 206. 
 
 cases wliere court of appeal have altered amount awarded, 206, 
 
 207. 
 time for, 207. 
 from County Court, 208. 
 none in cases of less than 502., 208. 
 time for appealing, 208. 
 after expiration of time, 208. 
 cost of appeal, 209. 
 
 no appeal to Privy Council in County Court cases vpithout leave, 209. 
 appeal to Court of Admiralty of Cinque Ports, 209. 
 sale of property, in case of, 209. 
 from justices, 209, 
 when sum in dispute over 501., 209. 
 meaning of "sum in dispute," 209. 
 unwillingness of Court to interfere with questions of amount on 
 
 appeal, 210. 
 cases where decree as to amount altered, 211. 
 from award of justices, in what cases, 229. 
 notice of, when to be given, 229. 
 proceedings upon, when to he taken, 229. 
 certificate of proceedings before justices to be sent to Court of 
 
 Appeal, 229. 
 certificate evidence on appeal, 230. 
 
 certificate of value to he sent to Court of Appeal hy justices, 230. 
 from County Court, statutory provision as to, 263, 264. 
 
 APPEARANCE, who may appear, 164. 
 time for, 164. 
 appearance after time, 164, 
 how appearance entered, 164. 
 prsecipe for — particulars to he set out in, 164. 
 under protest, 165. 
 proceedings on, 165. 
 proceedings for default of appearance, 165. 
 
 APPORTIONMENT between diff'erent sets of salvors, 70, 71. 
 hy Receiver of Wreck, when, 101, 103. 
 by Admiralty Court, 102. 
 delay, efi'ect of, on, 103. 
 when to be applied for, 103. 
 no action for proportion of salvage, 103. 
 principles of apportionment, 104. 
 
INDEX. 323 
 
 APPORTIONMENT— coBiinaei 
 
 larger share for greater work, 104. 
 
 master's proportion of salvage, 105. 
 
 mate's proportioo, 106. 
 
 diminution for misconduct, 107. 
 
 effect of general misconduct, 107. 
 
 forfeiture for embezzlement, 107. 
 
 passenger salvor's proportion, 108. 
 
 stares of crew not engaged, 108. 
 
 among crew of light ship, 109. 
 
 effect of refusal to assist in salvage, 109. 
 
 among public servants, 109. 
 
 among owner and crew, 109 to 114. 
 
 agreement for, when binding, 114. 
 
 set-off against claim for, 118. 
 
 deduction of advances out of proportion, 119. 
 
 by Receiver of Wreck, when nnder 2001., 230. 
 
 when to be made, 230. 
 
 power of Receiver to retain shares of absent parties, 230. 
 
 Receiver's apportionment to be final, 230. 
 
 jurisdiction of Court of Admiralty to apportion, 241. 
 
 enforcing distribution, 241, 242. 
 
 APPRAISEMENT of property saved, 93. 
 costs of, where unnecessary, 94. 
 finality of, 94. 
 in County Court, 94. 
 when ordered before release on bail, 169. 
 
 APPRENTICES, claim of owner to salvage shares of, 113. 
 
 ARREST of property after release by Receiver, consequence of, 149. 
 on commencement of soit, 161. 
 warrant of, 161. 
 praecipe for, 162. 
 affidavit for, 162. 
 service of warrant, 162. 
 how served, 162. 
 certificate of service, 163. 
 
 proceedings when property already arrested, 16?. 
 in County Court, 182. 
 limitation of, in County Court proceedings, 262. 
 
 ASSESSORS TO JUSTICES, appointment of, by Board of Trade, 220^ 
 assessor to concur in or dissent from report of justices, 220. 
 how appointed, 229. 
 fees of, 229. 
 
 ASHORE, saving cargo driven on shore, 15. 
 
 ASSIGNEES IN BANKRUPTCY, appearance by, 164. 
 
 Y 2 
 
324 INDEX. 
 
 ASSISTANCE must have actually been rendered by salvors, 4, 5. 
 
 ASSOCIATED VESSEL, salvage by, 29. 
 
 AWARD in cases of derelict, 61. 
 
 of justices, when to be made, 229. 
 
 BAD FAITH. Diminution of salvage in consequence of, 1 33. 
 American law as to, 134, 135. 
 
 BAIL, by Receiver of Wreck, 146. 
 release of vessel on, 166. 
 release of property on, 166, 168. 
 amount, 167. 
 discharge of sureties, 167. 
 mode of putting in, 167. 
 execution of bail-bond, 168. 
 payment of money instead of bail, 168. 
 penalty for delaying release, 169. 
 enforcing judgment against sureties, 178. 
 
 BAIL BOND, enforcement, 147. 
 
 BAILIFF arresting vessel, when a salvor, 26. 
 
 BOARD OF TRADE, enquiry into wreck or casualty by person 
 appointed by, 219. 
 general superintendence of all matters relating to wreck by, 221. 
 
 BOARDING VESSEL in distress against will of master, penalty for, 
 234. 
 authority of master to repel by force, 234. 
 
 BOAT OWNER, as a salvor, 30. 
 
 BOND, for release when salvage by vessels of Royal Navy on high 
 seas, 154, 239. 
 how proved, 155. 
 amount of, how fixed, 239. 
 proportion of to value, 239. 
 release of vessel on bond being given, 239. 
 npon whom bond binding, 239. 
 how enforced, 23'9, 240. 
 
 BRITISH VESSEL, life salvage in case of, 253. 
 
 BULLION, contribution when part of cargo consists of, 121 to 123. 
 
 CARGO, when to be delivered to Receiver, 150. 
 
 not to be unladen in salvage by Royal Navy vessels on high seas, 
 
 154. 
 owner of, claiming salvage, 31. 
 
INDEX. 325 
 
 CARGO AND SHIP, contribution to salrage by, 121. 
 
 CAVEAT RELEASE, when property already under arrest, 163. 
 how long in force, 163. 
 
 CEETIFICATE of execution of warrant of arrest, when to be filed, 162. 
 
 CHANGE OP WEATHER, effect of, on towage contract, 38. 
 effect of, on salvage agreement, 99. 
 
 CHARTERED VESSEL, salvage of, 28. 
 
 CINQUE PORTS, justices have no jurisdiction over claims for salvage 
 in, 196, 201. 
 
 power of Lord Warden of, to appoint three commissioners in each 
 of the Cinque Ports and two ancient towns, to adjust salvage dis- 
 putes, 214. 
 
 dispute to be decided in twenty-four hours after reference, 214. 
 
 registrar or secretary to be appointed by Cinque Ports commis- 
 sioners, 214. 
 
 registrar of Court of Admiralty of Cinque Porta at Dover, 214. 
 
 proceedings and awards of commissioners of, to be entered in book 
 kept by registrar, 214. 
 
 authority to decide claims of boatmen against ship in Cinque Ports 
 for carrying off stores, 214. 
 
 commissioners may decide claims for salvage arising within juris- 
 diction, 215. 
 
 master, owner, or agent to be present at sitting of commissioners, 21 5. 
 
 commissioners may decide claim for services, although vessel not 
 in distress, 215. 
 
 power of secretary to administer oath, 215. 
 
 fees to be paid to commissioners by owners of vessels proceeded 
 against, 215, 
 
 commissioner not to act as such in any town within a mile of his 
 residence, 215. 
 
 oath to be taken by commissioners, 215. 
 
 appeal from award of commissioners to High Court of Admiralty or 
 Court of Admiralty of Cinque Ports, 216. 
 
 when notice of appeal to be given, 216. 
 
 when monition to be taken out, 216. 
 
 authority of commissioners to release vessel or property on bail, 216. 
 
 bail to be for double amount of award, 216. 
 
 bail bond to be forwarded to Court of Admiralty, 216. 
 
 certificate of value to be forwarded to Court of Admiralty on 
 appeal, 216. 
 
 official copy of proceedings to be evidence, 216. 
 
 decision of Court of Admiralty on appeal, final, 216. 
 
 Lord Warden or deputies of, have same authority as justices of 
 peace or commissioners, 216. 
 
 boundaries of, 218. 
 
 appeal from County Courts to Court of, 264. 
 
326 INDES. 
 
 CITATION IN REM, when property already an-ested, 163. 
 
 COASTGHJARD, salvage by, 53. 
 
 to be paid for watching and protecting shipwrecked property, 243, 
 scale of fees to, 243. 
 how recoverable, 243. 
 
 COLLISION, between salving and salved vessels, 141. 
 effect of leaving vessel after, 60. 
 salvage in cases of, 12, 13. 
 seaman left on board after, when a salvor, 20. 
 
 COMMUNICATING with salving vessel, when a salvage service, 12. 
 
 CONCEALED WEECK, Receiver may search for under warrant, 225. 
 reward to informers of, 225. 
 
 CONCEALMENT of condition of vessel, effect of on towage contract, 46. 
 effect of an agreement for fixed sum, 96. 
 
 CONCLUSION, when to be filed, 170. 
 
 CONCURRENT jurisdiction of Court of Admiralty with justices, 198. 
 
 CONSULAR OFFICER, to be agent of owners of foreign ship when 
 wreck found on coast, 242, 243. 
 
 CONTRIBUTION between ship and cargo, 121. 
 principles regulating, 121. 
 expenses of salvage suit, 121. 
 when part of cargo salved is bullion, 121 to 123, 
 
 CONVICTION by magistrates for offence in case of wreck, 132. 
 effect of, on salvage, 132, 
 
 COSTS of unnecessary appraisement, 94. 
 
 when vessel arrested after release by Receiver, 149. 
 
 certificate for, when necessary, 168. 
 
 in what cases granted, 159. 
 
 in case of tender, 172. 
 
 of appeal, 208, 209. 
 
 of enquiry before justices, how recoverable, 220. 
 
 of arbitration before justices, 229. 
 
 by whom payable, 229, 
 in discretion of Court, 202. 
 generally follow result, 202. 
 indulgence to salvors as to, 203. 
 in case of tender, 204. 
 when proceedings improperly taken in Court of Admiralty, 260. 
 
 COSTS IN COUNTY COURTS, power to frame scale of, 261, 
 
 COUNTY, salvage services rendered in body of, 157. 
 
 jurisdiction of Court of Admiralty over, 156, 157, 233. 
 
INDEX. 327 
 
 COUNTY COURT ACTS, to be read as one with County Courts Admi- 
 ralty Act, 264, 
 
 COUKTT COURTS, fees in, 310 to 318. 
 
 COUNTY COURT FORMS, 297 to 300. 
 
 COUNTY COURT JURISDICTION, Act eonfeiring, 258, Act for ex- 
 tension 0^ 265. 
 in what district cause to be commenced, 262. 
 orders in Council as to, 266, 267. 
 list of Courts having Admiralty jurisdiction, 268 to 271. 
 
 COUNTY COURT PRACTICE, to be regulated by general orders, 264. 
 authority for making general orders, 264. 
 
 COUNTY COURT, suit in. 
 
 jurisdiction of County Court, 178. 
 
 commencement of suit in, 179. 
 
 in what Court, 179. 
 
 praecipe to institnte, 180. 
 
 summons, 181. 
 
 appearance, how entered, 181. 
 
 tender and payment into Court, 182. 
 
 payment out of Court, 182. 
 
 arrest of vessel, when to be made, 182. 
 
 affidavit to obtain arrest, 183. 
 
 warrant ofi 183. 
 
 release of arrested property, 183. 
 
 valuation before release, 184. 
 
 transfer of cause to High Court of Admiralty, 184, 185. 
 
 transfer to other County Courts, 185. 
 
 evidence, 186. 
 
 hearing, 188. 
 
 enforcing decree, 191. 
 
 sale of property, 192. 
 
 orders by consent, 194. 
 
 inspection of proceedings, 194. 
 
 taxation of costs, 194. 
 
 CREW, when they may be salvors of their own ship, 1 9. 
 
 not bound by salvage agreement when no parties to it, 98. 
 
 CROSS-EXAMINATION by rival salvors, 176. 
 
 CROWN, purchase of right to wreck by, 232. 
 right of, to unclaimed wreck, 245. 
 
 CUSTOM, local effect of, as to abandonment of salvage, 118. 
 
 CUSTODY of vessel, salvors when entitled to, as between them and 
 their owners, 145. 
 
328 INDEX. 
 
 CUTTING CABLES, how permit for to be obtained, 236. 
 adTertisement of permit, 236. 
 
 DAMAGE to salving vessel, 
 compensation for, 82. 
 remoteness of, 85. 
 
 DANGER, appretension of, an ingredient in salvage, 3. 
 When imminent though not actual, 3. 
 
 DECREES of Count? Courts, registration of, 263. 
 
 DELAY, effect of an application for apportionment, 103. 
 
 DELATING RELEASE after bail, penalty for, 169. 
 
 DELIVERING up of -wreck to Receiver, not to prejudice title of third 
 parties, 245. 
 
 DEPOSITIONS, evidence by, 173. 
 
 enforcing attendance of witnesses before Examiner, 174. 
 taken before Receiver of Wreck, how far evidence, 174. 
 taken in one County Court to be evidence in another, 186. 
 
 DERELICT, first salvors favoured in case of, 57. 
 what constitutes legal derelict, 57. 
 temporary learing, does not, 57. 
 onus of proof of abandonment, 58. 
 determined by intention at time, 58, 
 
 change of mind after abandonment and return, effect of, 59. 
 where the leaving without any intention either way, 60. 
 leaving in collision, 60. 
 position of vessel, evidence, 61. 
 ship or goods sunk, when, 61. 
 reward in case of, 61. 
 American decisions as to, 62. 
 amount of salvage in cases of, 87. 
 no rule as to giving a moiety, 88, 89. 
 instances of moiety being given, 89. 
 detention of, 143, 144. 
 
 DETENTION of derelict, 143, 144. 
 
 DETENTION OP PROPERTY, by salvors, 143. 
 common law lien, 143. 
 
 DETENTION OF VESSEL, when not derelict, 145. 
 when temporarily abandoned, 145. 
 when salvors entitled to custody of vessel, as between them and 
 
 their owners, 145. 
 effect of giving up possession on rights of salvors, 145. 
 how long salvors may retain possession, 145, 146. 
 by Receiver of Wreck, 146, 230. 
 
INDEX. 329 
 
 DETENTION OF Y^SBL— continued. 
 release by Keceiver on bail, 147. 
 sufficiency of bail, how decided, 1 47. 
 enforcing payment of bail bond, 147. 
 release on agreement to abide decision of Court of Admiralty, 
 
 148. 
 statement to be forwarded to Court of Admiralty, 148. 
 consequence of disobedience to order of release by Court of 
 
 Admiralty, 149. 
 consequence of arrest after release by Keceiver, 149. 
 cargo of vessel in distress, when to be delivered to Receiver, 
 
 150. 
 wreck to be delivered to Receiver, 150. 
 when salvage by vessels of Royal Navy on high seas, 160. 
 vessel to be taken to port having Vice-Admiralty Cuurt or Consul, 
 
 151. 
 statement to be furnished to Court or Consul, 152, 153. 
 amount of security how determined, 154, 
 bond on release, 154. 
 additional security in case of foreign ship, 154. 
 
 DIFFERENT SETS OF SALVORS, claims by, 65. 
 first salvors favoured, 63. 
 American decisions as to, 64, 
 abandonment of enterprise by first salvors, 68. 
 remuneration of first set after leaving, for actual service, 66, 67, 
 
 68, 69, 70. 
 salvors in distress helped by others, 73. 
 misconduct of first set, effect on others, 73. 
 apportionment between, 74. 
 
 DEVIATION, effect of, on salvage amount, 85, 86, 87. 
 
 DIMINUTION OP AMOUNT, for misconduct, 124. 
 instances of, 126, 127, 128. 
 for obtruding services, 127. 
 refusing further assistance, 128. 
 in consequence of injury through want of skill, 140. 
 
 DIRECTIONS as to mode of proof, 173. 
 
 DISCHARGE, seamen may become salvors on, 22. 
 
 DISPUTE, SUM IN. Meaning of "sum in dispute," 209. 
 
 DISPUTE AS TO SALVAGE, jurisdiction of justices over, 228. 
 jurisdiction of Court of Admiralty over, 228. 
 
 DISTRESS, essential ingredient in salvage service, 2. 
 extent of, 2. 
 
330 INDEX. 
 
 DRIFTING TIMBER, ealyage of, 15. 
 
 DUTY, on foreign goods found derelict, 242. 
 
 forwarding goods to port of destination on seourity for duty 
 given, 242. 
 
 DUTT, crew as salvors when outside limits of, 24. 
 
 EMBEZZLEMENT, forfeiture of proportion of salvage for, 107. 
 
 ENEMY, capture of vessel by, crew becoming salvors afterwards, 21. 
 rescue of vessel from, 16. 
 
 ENFORCING payment of salvage, 176. 
 judgment against bail, 178. 
 County Court decree, 191, 262. 
 warrant against goods, 192. 
 decree against unknown defendant, 192. 
 
 ENQUIRY into wreck or casualty, justices to send statement of case 
 
 and their report to Board of Trade, 220. 
 management of enquiry, 220. 
 Board of Trade may appoint nautical or engineering assessors to 
 
 justices, 220. 
 in places where there is a local marine board, and where a 
 
 stipendiary magistrate is member of the board, enquiry to 
 
 take place before him, 220. 
 costs of, in discretion of justices, 220, 
 expenses of. Board of Trade may pay, 220. 
 justices may require master or mate to deliver up certificate, 
 
 221. 
 penalty on refusing to do so, 221. 
 canoelment or suspension of certificate, 221. 
 in Scotland may be remitted to Lord Advocate, 221. 
 
 EVIDENCE, mode of giving, 173. 
 directions as to, 173. 
 by affidavit, 173. 
 by deposition, 173. 
 
 depositions before Receiver of Wreck, 174. 
 time for filine nroof. 174. 
 
 time for filing proof, 174. 
 printing, 175. 
 
 EVIDENCE IN COUNTY COURT, how witnesses subpoenaed, 186. 
 allowance to witnesses, 187. 
 
 County Court Registrar has powers of examiner, 186. 
 depositions taken in one County Court to be evidence in another, 
 
 186. 
 shorthand notes of, 187. 
 
INDEX. 331 
 
 EVIDENCE IN COUNTY GOVRT— continued. 
 regulations as to affidavits, 187. 
 examination by Receiver of Wreck primd facie proof of the 
 
 matters contained in it, 221. 
 power of County Court Registrar to administer oaths, 261. 
 taken before County Court Registrar receivable in Court of 
 Admiralty, 261, 
 
 EXAMINATION, by Receiver of Wreck as to ship in distress, 224. 
 copies of, to be sent to Board of Trade and to Lloyd's, 224. 
 to be primd fade evidence of the matters contained in it, 224. 
 
 EXORBITANT AMOUNT, setting aside salvage agreement for, 
 97. 
 
 EXORBITANT DEMANDS, diminishing salvage in consequence of, 
 129. 
 
 EXPENSES to be deducted from value, 92, 93. 
 
 EXPENSES, SALVAGE, statutory provision for payment of, 227. 
 
 FAVOUR to first salvors in cases of derelict, 57. 
 
 FEES OP RECEIVER OF WRECK. iSee Receiver of Wreck, 226. 
 application of, 227. 
 
 FEES OF COAST GUARD, for watching shipwrecked property, 
 243. 
 how recoverable, 243. 
 
 FEES IN COURT OF ADMIRALTT, 301-309. 
 
 FEES IN COUNTY COURTS, 310—318. 
 
 FINDER OF WRECK to deliver it to Receiver, 225. 
 if owner, to give notice to Receiver, 225. 
 penalty for default, 225. 
 
 FIRE, saving from, a salvage service, 14, 15. 
 
 FIRST SALVOES favoured in cases of derelict, 57. 
 when favoured, 65. 
 abandonment by, 68. 
 
 when remunerated for actual services, 66, 67, 68, 69, 70. 
 in distress and helped by others, 73. 
 misconduct of, effect on second set, 73. 
 
 FISHING, compensation for loss of, in salvage award, 83, 84. 
 
 FISHING BOAT, apportionment of salvage between owner and crew 
 of. 111. 
 
332 INDEX. 
 
 FLOATING of vessel aground, 15. 
 
 FOREIGNERS, salvage by seamen of Royal Navy to vessel of, abroad, 
 151. 
 aeourity for release of vessel, 239. 
 
 FOREIGN SHIP, life salvage in case of, 18, 253. 
 security on release of, abroad, 164, 239. 
 
 FORFEITURE for misconduct, 124. 
 instances of, 125. 
 
 of proportion of salvage for embezzlement, 107. 
 by neglecting to deliver wreck found to Receiver, 225. 
 
 FORMS of proceedings, 272 to 280. 
 of pleadings, 281 to 296. 
 County Court, 297 to 300. 
 
 FRAUD, setting aside agreement for, 96. 
 
 FREIGHT, salvage on, at intermediate port, 91, 92. 
 arrest of, how made, 162. 
 
 HARD BARGAIN, effect of, on salvage agreement, 99. 
 
 HEARING, in undefended cases, 166. 
 
 attendance of Trinity Masters, how obtained, 175. 
 view by, 175. 
 
 no opening statement at hearing, 175. 
 cross-examination by rival salvors, 176. 
 
 HEARING of Connty Court cases, 188, 261. 
 time for, 189. 
 notice of, 189. 
 nautical assessors at, 190. 
 
 HIGH SEAS, life salvage on, 18. 
 
 HINDERING SALVAGE SERVICE, penalty for, 234. 
 
 HIRER of salving ship, when entitled to salvage, 28. 
 
 HUNDRED, when liable for plunder of wreck, 233, 234. 
 
 IGNORANCE of locality of master, effect of on salvage, 12. 
 INDULGJINOE to salvors in questions of costs, 203, 204. 
 INFORMERS, salvage compensation to, 17. 
 INJURED VESSEL, towage of, 44, 45. 
 INSURANCE. See Deviation, 85. 
 
INDEX. 333 
 
 INSURGENT SLAVES, rescue of vessel from, 16. 
 
 INSTITUTE, forms of piscipe to, 272. 
 
 INSTITUTION OF CAUSE, 161. 
 in County Court, 179. 
 
 INTERMEDIATE PORT, salvage of freight at, 91, 92. 
 
 JURISDICTION OF COUNTY COURTS, 178, 258. 
 restrictioDs as to, 259. 
 confined to County Courts appointed by Order in Council, 259. 
 
 JURISDICTION OF COURT OF ADMIRALTY, 156, 157. 
 
 JUSTICES, jurisdiction of, 195, 229. 
 when salvage in Cinque Ports, 196. 
 ■when salvage on high seas, 196. 
 mode of proceeding, 197. 
 costs, 198. 
 
 concurrent jurisdiction of Court of Admiralty, 199. 
 punishment of salvors for improperly suing in Court of Admiralty, 
 
 200. 
 appeal from, 209, 229. 
 enquiry into wreck or casualty by, 220. 
 jurisdiction o^ over salvage disputes, 228. 
 discretion of, over costs of salvage arbitration, 229. 
 production of documents before, in salvage arbitration, 229. 
 assessors to, in salvage disputes, 229. 
 award of, when to be made, 229. 
 notice of appeal from, when to be given, 229. 
 proceedings on, within what time to be taken, 229. 
 jurisdiction of, on disputes as to unclaimed wreck, 232. 
 appeal from owner of when to be made, 232. 
 mode of appeal, 232. 
 jurisdiction of, extended to cases where value under lOOOZ., 
 
 243. 
 jurisdiction over salvage claims arising out of United Kingdom, 
 
 243, 244. 
 rota of justices of salvage cases, how appointed, 244, 
 
 LANDS, salvors entitled to cross, 15, 223. 
 
 penalty on owner for impeding salvors, 223. 
 salvors may deposit wreck upon, 223. 
 compensation to owner of, for damage, 17, 223. 
 
 LANDOWNER, salvage compensation to, 17, 223 
 
 LEAVE to sue in Admiralty Court, where granted, 160. 
 
334 INDEX. 
 
 LIBERALITY in salvage awards, 80. 
 
 LIEN of salvors on property, 143. 
 
 LIFE SALVAGE, statutory provision for reward for, 17. 
 when salvage on high seas, 18. 
 in case of foreign ship, 18. 
 priority of, 18. 
 
 amount where life and property toth saved, 80. 
 jurisdiction of Court of Admiralty in cases of, 157, 158. 
 when to be rewarded out of Mercantile Marine Fund, 227. 
 in case of British vessel, 253. 
 remuneration for, wherever service rendered, 253. 
 in case of foreign vessel in British waters, 253. 
 
 LLOYD'S, copy of examination by Receiver of Wreck, with respect 
 to vessel in distress, to be sent to, 224. 
 notice of wreck taken possession of by Receiver to be sent to, 
 225, 226. 
 
 LLOYD'S AGENT, claim for salvage by, 49. ' 
 
 LOCALITY, ignorance of master of, effect, 12. 
 
 LORD OF MANOR, notice of unclaimed wreck, when to be sent to, 
 226. 
 delivery of unclaimed wreck to, 232. 
 notice of right to, to be given to Receiver, 232". 
 disputes as to, how decided, 232. 
 
 LYING BY a vessel, a salvage service, 8. 
 
 MAGISTRATE, claim for salvage by, 49. 
 
 MARINE BOARD, enquiry into casualty before stipendiary magistrate 
 who is member of, 220. 
 
 MARINE STORE DEALERS, regulations to be observed by, 285. 
 
 MARK of manufacturer's name to be placed on anchors, 237. 
 penalty for neglect, 237. 
 
 MASTER, supplying a master a salvage service, 14. 
 
 MASTER OF VESSEL, salvors bound to obey, 56. 
 return of, after leaving for assistance, 56. 
 authority of, to bind owners by salvage agreement, 96. 
 proportion of salvage awarded to, 105. 
 American decisions as to, 107. 
 
 MASTER'S CERTIFICATE, deUvering up of, to justices on enquiry 
 into casualty, 221, 
 
INDEX. 335 
 
 MATE, proportion of salvage awarded to, 106. 
 
 MEN, supplying men a salvage service, 14. 
 
 MERCANTILE ASSESSOR, appointment of, in County Court cases, 265. 
 
 MERCANTILE MARINE FUND, rewarding life salvage out of, 227. 
 
 MESSENGER, when a salvor, 12. 
 
 MISCONDUCT of first salvors, 73. 
 effect on second set, 73. 
 reducing proportion of salvage for, 107. 
 
 MISCONDUCT OR NEGLIGENCE, effect of on amount of salvage, 124. 
 forfeiture for, 124. 
 instances of, 125. 
 diminution of salvage for, 126. 
 instances of, 126 to 128. 
 obtruding services, 127. 
 evidence of acceptance of services, 128. 
 refusing further assistance, 128. 
 exorbitant demands, 129, 
 misconduct must be connected with service, 129. 
 offences against Merchant Shipping Act, 130 to 132. 
 onus of proof of misconduct, 132. 
 conviction by magistrates, effect of, 132. 
 bad faith, diminution for, 133. 
 American law as to effect of bad faith, 134. 
 robbery by salvors, effect of, 135. 
 American law as to, 136. 
 effect of negociations on, 137. 
 pleading charge of misconduct, 137, 138. 
 when to be pleaded, 137, 138. 
 
 NAUTICAL ASSESSORS in County Court suits, 190, 260. 
 how appointed, 190. 
 how summoned, 190. 
 fees to, 190, 191. 
 deposit of fees for, 190. 
 list of, how to be framed, 261. 
 attendance of, 261. 
 removal of, 261. 
 
 NAVY, Royal, no salvage claim to be made for injury to ship of, or 
 loss of stores of, 237. 
 
 NEGLIGENCE OP TUG, effect of, on towage contract, 41. 
 
 NEGOCIATION of owners with salvors, effect of, on defence of miscon- 
 duct, 137. 
 
 OBJECTIONS to pleadings, how raised, 171. 
 
336 INDEX. 
 
 OBLITERATING marks on wreck, penalty for, 234. 
 
 OBTRUDING services of salvors, diminution of salvage for, 127. 
 evidence of acceptance of services, 128. 
 
 OFFENCES in case of wreck, effect of, on amount of salvage, 130 to 132. 
 
 OPENING statements, not made at hearing in Court of Admiralty, 
 175. 
 
 ORDERS of master of vessel, salvors bound to obey, 55. 
 
 OWNERS AND CREW, apportionment of salvage between, 109. 
 when salving vessel a steamer, 110. 
 deduction of repairs. 111. 
 when salving vessel a fishing-boat. 111. 
 owner's share generally not above a moiety, 111. 
 effect of award to ownei s on separate claim of crew, 112. 
 American law as to proportion of owner, 112. 
 
 OWNERS, when bound by salvage agreement of master, 96. 
 claim of, to salvage share of apprentices, 113. 
 claim of, to salvage share of slave, 114. 
 
 OWNER OP SALVING VESSEL, when entitled to custody of property 
 salved, 145. 
 
 OWNER OF LAND, compensation to, for damage in crossing to assist 
 vessel in distress, 223. 
 penalty for impeding salvors, 223. 
 
 OWNERS OP WRECK, entitled to it after payment of salvage and 
 expenses, 232. 
 must establish claim within one year, 232. 
 
 PARTICIPATION, share of salvor refusing, 114. 
 
 PART OWNER of both salving and salved vessels, 30. 
 
 PART performance of salvage services, when to be paid for, 9. 
 
 PASSAGE, COURT OF, concurrent jurisdiction with Liverpool County 
 Court, 263. 
 power of assessor of Court to make general rules, 266. 
 
 PASSENGERS, reward for life salvage of, 17. 
 in ship saved, claiming to be salvors, 25, 26. 
 
 PASSENGER SALVOES, proportion of salvage awarded to, 108 
 
 PASSENGER SHIP, salvage by, amount, 82. 
 
 PASSENGER STEAMER, amount awarded for salvage of, 81. 
 
INDEX. 337 
 
 PAYMENT, to be made to salvors entitled, 119. 
 
 by owner of salving vessel to be set out ia petition, 83. 
 
 PAYMENT INTO COURT on salvage agreement^ 100. 
 in lieu of bail, 168. 
 
 PAYMENT OF MONEY OUT OF COURT, 178. 
 out of County Court, 182. 
 
 PETITION', time for filing, 169. 
 
 PILOTS, salvage by, 32. 
 
 ■where vessel in distress, 33. 
 
 remaining by vessel, 34. 
 
 when vessel outside pilotage grounds, 34. 
 
 acting outside vocation, 34. 
 
 ambiguous signal for, 35. 
 
 pilotage by unlicensed pilots, 35. 
 
 American law as to pilot salvors, 36. 
 
 PIRATES, rescue of vessel from, 16. 
 
 PLEADINGS, misconduct, when to be pleaded, 137, 138. 
 form of, 169. 
 
 are by petition and answer, 169. 
 •when petition to be filed, 169. 
 when answer to be filed, 169. 
 parties bound by allegations in pleadings, 170. 
 conclusion, when to be filed, 170. 
 time to plead, how obtained, 170. 
 objections to pleadings, how raised, 171. 
 when to be printed, 171. 
 none in County Court, 188, 
 forms of, 281 to 296. 
 
 PLUNDER and disorder, authority of Receiver to suppress by force in 
 cases of wreck, 222. 
 
 PLUNDER OF WRECK, when Hundred liable for, 233, 234. 
 
 PORT, bringing vessel into, 15. 
 
 POSITION OP VESSEL, as evidence of distress, 4. 
 evidence in case of derelict, 61. 
 
 POSSESSION, giving up property not to affect rights of salvor, 145. 
 how long salvors may retain, 145, 146. 
 by Receiver of Wreck, 146. 
 
 PRECIPE to institute, particulars to be inserted in, 161. 
 for warrant of arrest, 161. 
 for service of warrant of arrest, 162. 
 for appearance, particulars to be contained in, 164, 
 to institute in County Court, 180. 
 
388 INDES. 
 
 T'B.MCI'FE— continued. 
 
 to enter appearance, 181. 
 to institute, form of, 272. 
 for warrant, form of, 272. 
 for service of warrant, 272. 
 
 PRINTING evidence, 175. 
 pleadings, 171. 
 
 PRIORITY of life salvage, 18. 
 
 PRIVY COUNCIL, appeal to from Court of Admiralty, 206. 
 appeal to, in County Court cases, 209. 
 
 PROCEEDINaS, COUNTY COURT, inspection of, 194. 
 
 PROCEEDINGS BEFORE JUSTICES, certified evidence, 230. 
 
 PROCEEDINGS IN SUIT, institution of cause, 161. 
 arrest of property, 161. 
 proceediDgs when already arrested, 163. 
 appearance, 164. 
 
 proceedings for default of appearance, 165. 
 release on bail, 166. 
 pleadings, 169. 
 tender, 171. 
 evidence, 173. 
 bearing, 175. 
 enforcing payment, 176. 
 sale, 177. 
 enforcing judgment against bail, 173. 
 
 PROCESS, power of County Court Registrar to issue, 262. 
 
 PROOF OF AGREEMENT, onus of, 100. 
 
 for abandonment of salvage, proof of, 117. 
 
 PROOF OF MISCONDUCT, onus of, 132. 
 
 PROOF of bond executed abroad, 155. 
 
 PROPERTY RISKED, effect of on amount, 82. 
 
 PROPORTION of property saved to amount awarded, 89. 
 
 PROTEST, appearance under, 165. 
 
 PUBLIC SERVANTS, apportionment of salvage among, 109. 
 
 PUBLIC VESSELS, American, claims for salvage by, 51, 62. 
 
 RECEIVER OF WRECK, valuation of property saved by, 93. 
 apportionment of salvage by, 101. 
 detention of vessel by, 146. 
 
INDEX. 339 
 
 KECEIVEE OP W&WK— continued. 
 delivery of cargo to, 150. 
 delivery of wreck found to, 150. 
 appoiDted ty Board of Trade, 221. 
 duty of, -when ship stranded or in distress, 221. 
 takes command of persons present or assisting, 222. 
 penalty for disobeying his directions, 222. 
 
 not to interfere between master and crew of vessel unless re- 
 quested, 222. 
 authority of, to suppress plunder and disorder by force, 222. 
 authority to summon persons to assist, 222. 
 may require aid of ship or boats and use of carts and horses, 
 
 222. 
 penalty for noncompliance with this requisition, 222. 
 cargo washed ashore, &c., to be delivered to, 222. 
 penalty for refusing to deliver up or secreting cargo, &c., 222. 
 power of Receiver to seize such cargo, &c., 222. 
 substitutes of, in absence, authority of Receiver's substitutes, 223. 
 authority of, to institute examination with respect to ships in 
 
 distress, 224. 
 examination to be primS. facie evidence of matters contained in it, 
 
 224. 
 wreck to be delivered to, by finder ; penalty for neglecting to do so, 
 
 225. 
 if the finder is owner of the wreck, notice to be given to Receiver, 
 
 225. 
 penalty for default, 225. 
 
 may apply for warrant to search for concealed wreck, 225. . 
 reward for information concerning, recoverable as salvage, 225. 
 to post notice of wreck taken possession of by him, 225, 226. 
 notice to be sent to Lloyd's when value over 201., 226, 226. 
 may sell wreck when under value of 51. or perishable, 226. 
 fees of, 226. 
 
 maritime lien for fees, 226. 
 not to claim as salvor, 226. 
 
 dispute as to fees of, to be settled by Board of Trade, 226, 227. 
 how fees to be applied, 227. 
 apportionment of salvage by, 101, 230. 
 
 payment of salvage to, for distribution, when under 200i. , 230. 
 notice of unclaimed wreck to be sent by, to lord of manor, 226. 
 power of, to detain vessel when salvage claimed, 146, 230. 
 may release on security, 146, 231. 
 sufficiency of security to be determined by Court of Admiralty in 
 
 cases of 200Z., 231. 
 enforcing security, 231. 
 sale of property by, 176, 177, 226. 
 
 power of to sell property salved on non-payment of salvage, 231. 
 when sale to take place, 231. 
 proceeds of sale, how to be applied, 231. 
 
 7. 2 
 
340 
 
 INDEX. 
 
 EECEIVER OP ^U'E.GK— continued. 
 
 appointment of valuer of wreck ty, 244. 
 
 delivery up of wreck by, to person claiming it, to discliarge Re- 
 ceiver, 245. 
 delivery not to prejudice title of third parties,. 245. 
 
 REFUSAL to deliver up wreck to Receiver, penalty for, 222. 
 
 of further assistance, reducing salvage amount in consequence of, 
 
 128. 
 to assist in salvage, effect of, on proportion, 109. 
 
 RELEASE of vessel by Receiver of Wreck, 146, 231. 
 
 on agreement to abide decision of Court of Admiralty, 148. 
 
 consequence of disobeying order of Court of Admiralty for, 149. 
 
 arresting after release by Receiver, 149. 
 
 of property on bail, 166. 
 
 of property arrested in County Court, 184. 
 
 valuation before release, 184. 
 
 on salvage by seamen of Royal Navy abroad, 154, 239. 
 
 security when owner of vessel a foreigner, 154, 239. 
 
 REM, County Court proceedings may be either in rem or personam, 
 265. 
 
 REMOTENESS of damage to salving vessel, 85. 
 
 REMOVAL OP WRECK, penalty for wrongful, 234. 
 
 REMUNERATION of salvors, statutory provision for, 16, 227. 
 
 REPAIRS, owners of salving vessel entitled to deduct, before division, 
 111. 
 
 RESTRICTIONS as to proceedings in High Court of Admiralty, 260. 
 
 REVENUE OFFICERS, American, salvage by, 54. 
 
 RISK to salvors, effect of, 4. 
 
 to tug, effect of, on claim to salvage, 43. 
 
 ROBBERY by salvors, effect of, 135. 
 American law as to, 136. 
 effect of negociation, 137. 
 
 EOTAL NAVY, salvage by ships of, 31. 
 claim for salvage by seamen of, 50. 
 consent of Admiralty to claim by, 50, 237. 
 detention of property when salvage by, on high seas, 161, 239. 
 to what port vessel to be taken, 151, 239. 
 statements to be made, 152, 153, 239. 
 security for release, amount o^ how determined, 154, 239. 
 
INDEX. - 341 
 
 ROYAL NA.YY— continued. 
 bond for release, 154, 239. 
 additional security when ship foreign, 154, 239. 
 salvage by seamen of, abroad, 237 — 238. 
 in what cases vessel saved to be taken to port having a consular 
 
 officer, 237—238. 
 cargo not to be unladen, 237 — 238. 
 
 SALE OF SALVAGE, when void, 117. 
 
 SALE, where defanlt of appearance, 166. 
 
 by receiver, when to be made, 176, 177, 226. 
 
 by Court, how made, 177. 
 
 by County Court, 192. 
 
 where defendant unknown, 192. 
 
 transfer of sale to Admiralty Court, 193, 264. 
 
 transfer of sale where decree appealed from, 193. 
 
 proceeds of sale where several suits, 193. 
 
 of property, where appeal lodged, 209. 
 
 by Receiver, where under value of 51. or perishable, 226. 
 
 proceeds of, how to be applied, 226. 
 
 by Receiver, on non-payment of salvage, 231. 
 
 when to be made, 231. 
 
 proceeds of, how to be applied, 231. 
 
 of unclaimed wreck by Receiver, when to be made, 233. 
 
 application of proceeds, 233. 
 
 SALVAGE, statutory provision as to for assisting vessel, 16, 227. 
 saving life, 17, 227. 
 saving cargo, 227. 
 definition of, 1. , 
 
 ingredients of salvage service, 1. 
 distress essential, 2. 
 extent of distress, 2. 
 apprehension of danger, 3. 
 where imminent, though not actual, 3. 
 vessel's position as evidence of ^peril, 4. 
 acceptance of assistance of strangers, 4. 
 risk to salvors not essential, 4. 
 actual assistance must have been rendered, 4, 5. 
 success essential, 6. 
 where salvors engaged by ship, 7. 
 American law as to, 8. 
 lying by vessel a salvage service, 7. 
 where salvage partly performed, 9. 
 where effort abandoned, 10, 
 transhipment, 10. 
 advice, 10. 
 
 communicating with salving ship, 12. 
 in case of collision, 12, 13. 
 
342 INDEX. 
 
 SAL VA GE — continued. 
 
 supplying master and men, 14. 
 saving from fire, 14, 15. 
 saving cargo ashore, 15. 
 saving drifting timber, 15. 
 tringing vessel into port, 1 5. 
 furnishing anchor and chain, 15. 
 floating vessel aground, 15. 
 raising sunken vessel, 15. 
 rescue from pirates, 16. 
 rescue from slaves, 16. 
 rescue from enemy, 16, 
 
 SALVORS, different sets of, 55. 
 
 SALVOES, WHO MAT BE, 19. 
 crew may not generally be, 19. 
 may if vessel abandoned, 19. 
 what constitutes an abandonment, 20, 21. 
 if vessel captured by enemy, 21. 
 if discharged from contract, 22. 
 American decisions as to crew claiming salvage, 23. 
 crew when acting outside limits of duty, 24. 
 passengers in ship saved when entitled to salvage, 25, 26. 
 bailiff arresting vessel when a salvor, 26. 
 shipowner, 26, 27. 
 hirer of ship, 28. 
 chartered vessels of, 28 . 
 associated vessel, 29. 
 part owner of both vessels, 30. 
 boat owner as salvor, 30. 
 Eoyal Navy, vessels of, 31. 
 owner of cargo, 31. 
 when vessel in distress, 33. 
 pilots, 32. 
 
 duty of, to remain by^essel, 34. 
 
 when vessel outside pilotage grounds, 34. 
 
 pilot acting outside his employment, 34. 
 
 ambiguous signals, 35. 
 
 condition of ship, effect of on nature of signal, 35. 
 
 pilotage by salvors not pilots, 35. 
 tugs, 37 to 47. 
 ship agent, 47, 48. 
 Lloyd's agent, 49. 
 Exjyal Navy, 60. 
 coast-guard, 50, 53, 
 American public vessels, 51. 
 foreign war vessel, 53. 
 American revenue oficer, 54. 
 
INDEX. 343 
 
 SCOTLAND, inquiry in, as to wreck or casualty may be remitted to 
 Lord Advocate, 221. 
 
 SEAMEN, appearance by, to salvage suit, 164. 
 allowance to, as witnesses, 187. 
 
 SECEKTINQ WRECK, punishment for, 150, 222. 
 
 SECUEITT, in salvage on high seas by vessels of Royal Navy, how 
 determined, ] 54, 239. 
 to be taken by Receiver of Wreck on release of vessel, 231. 
 snf^ciency of, how determined, 231. 
 
 SEIZING WEECK, concealed from or not given up to Receiver, 222. 
 
 SELLING WRECK ABROAD, felony, how punishable, 235. 
 
 SERVICE OF WARRANT OF ARREST, time for, 162. 
 how made, 162. 
 form of prsecipe for, 272. 
 
 SET-OFF, in claim for proportion of salvage, 118. 
 
 SHIP AGENT, claim for salvage by, 47. 
 when it vriU lie, 48. 
 
 SHIP ALONE, agreement for salvage of, void, 97. 
 
 SHIP AND CARGO, contribution to salvage by, 121. 
 
 SHIP OWNER, when entitled to claim salvage, 27. 
 
 SHORTHAND WRITER, notes of evidence by, 174. 
 
 SIGNAL, AMBIGUOUS, when a signal of distress, 35. 
 
 SIQNAF OF DISTRESS, see Ambiguous Signal, 35. 
 
 SLAVES, claim of owner to salvage shares of, 114. 
 
 STATEMENT on release of property under agreement, 148, 149. 
 where salvage on high seas by Royal Navy, 152, 153. 
 
 STEAMER, salvage by, 81. 
 amount awarded, 81. 
 time occnpie * 82, 83. 
 where steamer summoned, 82. 
 
 apportionment of salvage where salving vessel a steamer, 109, 
 110. 
 
 STORES of Royal Navy, no salvage claim to be made in respect of, 
 31, 237. 
 
344 INDEX. 
 
 STRANGERS, acceptance of help from, as evidence of distress, 4. 
 
 SUBSTITUTE OP RECEIVER OP WRECK, who may be, 223. 
 authority of, 223. 
 
 SUCCESS of salvor's efforts, 6, 
 
 SUFFICIENCY OF BAIL on release hy Receiver of Wreck, how 
 decided, 147. 
 
 SUIT FOR SALVAGE, jurisdiction of Court of Admiralty, 156. 
 when salvage within county, 156. 
 jurisdiction in case of life salvage, 157, 158. 
 salvage of passengers' lives, 158. 
 certificate of costs in cases within jurisdiction of justices or 
 
 County Courts, 168. 
 leave to sue in Admiralty Court, when granted, 160. 
 
 SUNKEN SHIP OR GOODS, when derelict, 61. 
 SUNKEN VESSEL, raising, a salvage service, 15. 
 SURETIES, discharge of, 167. 
 
 TAXATION of costs in County Court, 195. 
 
 TEMPORARY ABANDONMENT does not make vessel a dereUct, 57. 
 
 TENDER IN COURT, how made, 171. 
 notice of tendei', 172. 
 costs, tender of, 172. 
 valuation after tender, 172. 
 practice when tender refused, 172. 
 practice when tender rejected, 172. 
 
 TENDER, costs in cases of, 204. 
 in County Court, 182. 
 
 TIME, duration of, 
 
 effect of, on amount of salvage, 82 — 83. 
 to plead, obtaining, 170. 
 for filing proof, 174. 
 
 TRANSFER of cause from County Court to Oburt <f Admiralty, ISi 
 269. 
 to other County Court, 185, 260. 
 at whose instance transfer made, 185. 
 of sale from County Court to Court of Admiralty, 193. 
 
 TRANSHIPMENT, salvage by, 10. 
 
INDEX. 345 
 
 TRINITY MASTERS, attendance of, how obtained, 175. 
 view by, 175. 
 
 TUGS, salvage by, 37. 
 
 duty of, under towage contract, 37, 38. 
 
 does not warrant fulfilment of contract, 38, 39. 
 
 obligation terminated by vis major, 39. 
 
 obligation terminated by unforeseen danger, 39, 40. 
 
 when damage caused by misconduct of, 41. 
 
 instance of salvage superseding towage, 42. 
 
 risk to, effect of, 43. 
 
 accident before commencement of towage, 44. 
 
 where vessel already injured, 44, 45. 
 
 effect of concealment of vessel's injured condition, 46. 
 
 agreement of, with vessel in distress, 47. 
 
 extra services by, 47. 
 
 UMPIRE, in arbitration before justices, 197, 229. 
 how appointed, 229. 
 fees of, 229. 
 power of, to administer oath, 229. 
 
 UNCLAIMED WRECK, notice to lord of manor, &c., of, by Receiver, 
 
 226. 
 to be delivered to lord of manor or person entitled, 232. 
 when to be delivered up, 232. , 
 
 disputes as to, how decided, 232. 
 notice of right to, to be given to Receiver, 232. 
 appeal from decision of justices in questions of dispute as to, 
 
 when to be made, 232. 
 mode of appeal, 232. 
 sale of, by Receiver, 233. 
 when to be made, 233. 
 application of proceeds, 233. 
 
 UNDERWRITER, appearance by, 164. 
 
 UNFAIR AGREEMENT towards salvors, when set aside, 97, 98. 
 
 UNFORESEEN DANGER, termination of towage contract by, 39, 40, 
 
 UNKNOWN DEFENDANT, enforcing decree against, 192. 
 
 UNLICENSED PILOTS, Salvage by, 35. 
 
 UNLOADING cargo by salvors, when prohibited, 154. 
 
 UNSEAWORTHINESS of salving vessel, when salvors answerable for 
 damage to property by, 142. 
 
 UNSKILFULNESS, amount of skill looked for in salvor, 138. 
 indulgence if no other aid at band, 138. 
 
346 INDEX. 
 
 UNSKILFULNESS— con<m«ed. 
 
 when salvors prevent more competent persons from acting, 138. 
 
 effect of want of skill, 139. 
 
 diminution where the property injured, 140. 
 
 collision hetween the vessels, 141. 
 
 unskilfulness of salvor's agent, effect of, 141 
 
 ditto after salvage completed, 142, 
 
 VALUATION by Receiver of Wreck, 93. 
 
 of property before release, salvors entitled to, 168. 
 
 in cases of tender, 172. 
 
 before release by County Court, 184. 
 
 valuer may be appointed by Receiver, 244. 
 
 attested copy of valuation to be evidence, 244. 
 
 VALUE, certificate of, to be sent by justices to Court of Admiralty on 
 appeal, 230. 
 
 VALUE OP SALVED PROPERTY, how ascertained, 90. 
 when to be taken, 91. 
 expenses to be deducted from, 92, 93. 
 
 VALUE OF CARGO, effect of, on agreement for fixed sum, 95. 
 
 VALUER of wreck to be appointed by Receiver, when, 244. 
 
 VIEW by Trinity Masters, 175. 
 
 VIS MAJOR, termination of towage contract by, 39. 
 
 VOLUNTEER SALVORS, efforts of, must be successful, 7. 
 
 WAR, FOREIGN SHIP OP, salvage by, 53. 
 
 WARRANT OF ARREST, 161. 
 how served, 162. 
 form of praecipe for, 272. 
 
 WATCHING, coast-guard to be paid for watching shipwrecked pro- 
 perty, 243. 
 
 WITNESSES, exclusion of, during hearing, 176. 
 allowance to in County Court, 187. 
 
 WRECK, when to be delivered to Receiver, 150. 
 inquiries into wreck, when to be made, 219. 
 when on coast, by whom, 219. 
 
 inquiry at place convenient to where witnesses first arrive, 219; 
 inquiry by person appointed by Board of Trade, 219. 
 inquiry into wreck or casualty by justices at suggestion of coast- 
 guard or customs official, 220. 
 inquiry by direction of Board of Trade, 220. 
 
INDEX. 347 
 
 'W'R'ECK— continued. 
 
 justices have same powers of summoning, &o. , as in cases of sum- 
 mary conviction, 220. 
 right to, may be purchased by Crown, 232. 
 owner of, entitled to, after payment of salvage and expenses, 232. 
 unclaimed. See Unclaimed Wreck, 232. 
 
 in case of wreck of foreign ships, found on coast, consular offtcer 
 of the country to be agent of owner, 242 — 243. 
 
 WRITING, agreement for abandonment of salvage need not be in, 117. 
 
 THE END. 
 
 ERACBURT, EVANS, AND CO., PRINTERS. WHITErRIARS.