c. 104. as aforesaid, as the case may be, take such proceedings as he may be advised in any 17 & 18 VIOT. court of law, equity, or admiralty having jurisdiction in the matter, for establishing his title. on behalf of the wreck. 474. The Board of Trade shall have power, with the consent of the Treasury, out of Power of the the revenue arising under the Eighth Part of this Act, for and on behalf of Her Majesty, Board of Trade her heirs and successors, to purchase all such rights to wreck as may be possessed by any Crown to purperson or body corporate, other than Her Majesty; and for the purpose of facilitating chase rights to such purchases the provisions of the "Lands Clauses Consolidation Act, 1845," and the "Lands Clauses Consolidation (Scotland) Act, 1845," relating to the purchase 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. to be sold. 475. If no owner establishes his claim to wreck found at any place before the expira- Unclaimed wreck tion of such period of a year as 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 all expenses attending such sale, and deducting therefrom his fees, and all 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 consolidated fund of the United Kingdom. Jurisdiction of the High Court of Admiralty. decide on all 476. Subject to the provisions of this Act, the High Court of Admiralty shall have High Court of jurisdiction to decide upon all claims whatsoever relating to salvage, whether the services Admiralty may in respect of which salvage is claimed were performed upon the high seas, or within the salvage cases, body of any county, or partly in one place and partly in the other, and whether the whether on sea wreck is found at sea or cast upon the land, or partly in the sea and partly on land. Offences in respect of Wreck. or land. hundred to be 477. Whenever any ship or boat is stranded or otherwise in distress on or near the In case of shipshore of any sea or tidal water in the United Kingdom, and such ship or boat, or any plundered by a wrecked being part of the cargo or apparel thereof, is plundered, damaged, or destroyed by any persons tumultuous riotously and tumultuously assembled together, whether on shore or afloat, full compen- assemblage the sation shall be made to the owner of such ship, boat, cargo, or apparel, as follows; (that liable for is to say,) damages. In England by the inhabitants of the hundred, wapentake, ward, or district in the nature of a hundred, by whatever name denominated, in or nearest to which the said offence is committed, in manner provided by an Act of the eighth year of the 7 & 8 G. 4, c. 31. reign of King George the Fourth, chapter thirty-one, in case of the destruction of churches and other buildings by a riotous assemblage, or as near thereto as circumstances permit: In Ireland by the inhabitants of the county, county of a city or town, barony, town or manner provided by an Act of the fourth year of the reign of King William the 3 & 4 W. 4, c. 37, In Scotland by the inhabitants of the county, city, or borough in or nearest to which such offence is committed, 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 1 G. 1, st. 2, c. 5. 478. Every person who does any of the following Acts; (that is to say,) plundering in (1.) Wrongfully carries away or removes any part of any ship or boat stranded or in Penalty for 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 cases of shipwreck, for obstructing the saving of shipwrecked pro. perty, and for (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 s creting the same. c. 104. 17 & 18 VICT. any other Act or law, for each such offence incur a penalty not exceeding 501.; and every person, not being a receiver or a person herein-before 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 501.; and it shall be lawful for the master of such ship or boat to repel by force any such person so attempting to board the same. Penalty for selling wreck in foreign ports. Regulations to be observed by 479. If any person takes into any foreign port or place any ship or boat stranded, derelict, or otherwise in distress 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 the cargo or apparel thereof, or anything belonging thereto, or any wreck found within such limits as aforesaid, and there sell the same, he shall be guilty of felony, and be subject to penal servitude for a term not exceeding four years. Dealers in Marine Stores and Manufacturers of Anchors. 480. Every person dealing in, buying, and selling anchors, cables, sails, or old junk, old iron, or marine stores of any description, shall conform to the following regulations; dealers in marine (that is to say.) stores. Manner of (1.) He shall have his name, together with the words "dealer in marine stores," painted distinctly in letters of not less than six inches in length on every warehouse or other place of deposit belonging to him; If he does not he shall incur a penalty not exceeding 201.: (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 possessed 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 description of his business and place of abode; If he does not he shall incur for the first offence a penalty not exceeding 20%, and for every subsequent offence a penalty not exceeding 501.: (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 51, and for every subsequent offence a penalty not exceeding 201.: (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 201. and for every subsequent offence a penalty not exceeding 501. 481. In order to obtain such permit as aforesaid a dealer in marine stores shall make a obtaining permit declaration before some justice of the peace having jurisdiction over the place where such to cut up cables. dealer resides containing the following particulars; (that is to say,) Permit to be dealer proceeds to act thereon. (1.) A statement of the quality and description of the cable or other like article about to be cut up or unlaid : (2) A statement that he purchased or otherwise acquired the same bond fide and without fraud, and without 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 district 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. 482. No dealer in marine stores who has obtained such permit as aforesaid shall pro advertised before ceed by virtue thereof to cut up or unlay any cable or other like article until he has for the space of one week at the least before doing any such act published in some newspaper published nearest to the place where he resides one or more advertisements notifying the fact of his having so obtained a permit, and specifying the nature of the cable or 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 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 c. 101. entitled to require the production by such dealer as aforesaid of the cable or other article 17 & 18 VICT. mentioned in the permit, and also of the book of entries herein before 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 201., and for every subsequent offence a penalty not exceeding 501. anchors. 483. Every manufacturer of anchors shall, in case of each anchor which he manufac- Manufacturers ta tures, mark in legible characters on the crown and also on the shank under the stock his place marks on name or initials, with the addition of a progressive number and the weight of such anchor; and if he makes default in doing so he shall for each offence incur a penalty not exceeding 51. Salvage by Her Majesty's Ships. to be allowed in 484. In cases where salvage services are rendered by any ship belonging to Her Majesty No claim for or by the commander or crew thereof, no claim shall be made or allowed for any loss, salvage services damage, or risk thereby caused to such ship, or to the stores, tackle, or furniture thereof, respect of loss or or for the use of any stores or other articles belonging to Her Majesty supplied in order risk of Her Majesty's ships to effect such services, or for any other expense or loss sustained by Her Majesty by reason or property. of such services. 485. No claim whatever on account of any salvage services rendered to any ship or Claims for cargo or to any appurtenances of any ship by the commander or crew or part of the crew salvage by Her of any of Her Majesty's ships shall be finally adjudicated upon unless the consent of the not to be deterMajesty's officers Admiralty has first been obtained, such consent to be signified by writing under the mined without hand of the Secretary to the Admiralty; and if any person who has originated proceed. consent of Admiralty. ings in respect of any such 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 primâ facie evidence of such consent having been given. services have 486. Whenever services for which salvage is claimed are rendered to any ship or cargo, Steps to be taken or to any part of any ship or cargo, or to any appurtenances of any ship, at any place when salvage out of the United Kingdom and the four seas adjoining thereto, by the commander or been rendered by crew or part of the crew of any of Her Majesty's ships, the property alleged to be salved Her Majesty's shall, if the salvor is justified by the circumstances of the case in detaining it at all, be ships abroad. taken to some port where there is either a consular office 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 officer 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 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 certificate of registry of the said ship, and of the indorsements thereon, stating any change which (to his knowledge or 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 mortgage 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, 17 & 18 VICT. c. 104. Consular officer or judge to fix amount for which a bond is to be given. On master exe cating bond, the right of detention to cease. Provision for additional security in the case of ships owned by persons resident out of Her Majesty's dominions. Documents to be and the freight respectively, or, if he thinks fit, in lieu of such estimated 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 (9.) An accurate list of the property saved, in cases where the ship is not saved: (12.) Any other circumstances he thinks relevant to the matters in question: 487. The said consular officer or judge, as the case may be, shall within four days after receiving the aforesaid statements fix the amount to be inserted in the said bond at such sum as he thinks sufficient to answer the demand for the salvage services rendered; but such sum shall not exceed one half of the value which in his estimation the said ship, freight, and cargo, or any parts thereof in respect 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 affirmations. 488. The said consular officer or judge shall send notice of the sum which he has so fixed as aforesaid to the said salvor and the said master; and upon such master executing a bond in such form as aforesaid, with the said sum inserted therein, in the presence of the said officer or judge (who shall attest the same), and delivering the same to the 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 the claim for salvage is made is not owned by persons domiciled in Her Majesty's dominions, the right of the salvor to detain or retain possession thereof shall not cease unless the master procures, in addition to the said bond, such security for the due performance of the conditions thereof as the said officer or judge considers sufficient for the purpose, and places the same in the possession or 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 opportunity transmit the sent to England. said statements and documents so sent to him as aforesaid, and a notice of the sum he has 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. Whom the bond shall bind. Court in which cated on. 491. The said bond shall bind the respective owners of the said ship, freight, and cargo, and their respective heirs, executors, and administrators, for the salvage adjudged to be payable in respect of the said ship, freight, and cargo respectively. 492. The said bond shall be adjudicated on and enforced by the High Court of Admiit is to be adjudi- ralty 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 conditions 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 High Court of Admiralty to enforce bonds. Saving clause. 493. The said High Court of Admiralty shall have power to enforce any bond given in pursuance of this Act in any vice-admiralty court in any part of Her Majesty's dominions; and all courts in Scotland, Ireland, and the islands 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 property, 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 17 & 18 VICT. salvors, except in the cases by it provided for. c. 104. 495. All bonds, statements, agreements, and other documents made or executed in pursuance of the Eighth Part of this Act shall, if so made or executed out of the United Documents free from duty. Kingdom, be exempt from stamp duty. forgery and false 496. Every person who, in any proceeding under provisions contained in the Eighth Punishment for Part of this Act relating to salvage by Her Majesty's ships, forges, assists in forging, or representations. procures to be forged, fraudulently alters, assists in fraudulently 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 document, 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 evidence 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 summarily prosecuted and convicted, by imprisonment, with or without hard labour, for any period not exceeding six months. Salvage General. the bond above 497. Whenever services for which salvage is claimed are rendered either by the Voluntary agree commander or crew or part of the crew of any of Her Majesty's ships, or of any other ship, made which ment may be and the salvor voluntarily agrees to abandon his lien upon the ship, cargo, and property shall have the alleged to be salved, upon the master or other person in charge thereof entering into a same effect as written agreement attested by two witnesses to abide the decision of the said High Court mentioned. of Admiralty or of any vice-admiralty court, and thereby giving security in that 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 herein before 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 in respect of salvage services Powers for court rendered in the United Kingdom has been finally ascertained, and exceeds 2001. and having Admiralty jurisdiction whenever the aggregate amount of salvage payable in respect of salvage services rendered to apportion elsewhere has been finally ascertained, whatever such amount may be, then if any delay salvage. 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 control such amount may be to distribute the same, or to bring the same into court, to be there dealt with as the court may direct, and may for the purposes aforesaid issue such monitions or other processes as it thinks fit. Miscellaneous. 499. All wreck, being foreign goods brought or coming into the United Kingdom or Foreign goods the Isle of Man, shall be subject to the same duties as if the same were imported into the found derelict to be subject to United Kingdom or the Isle of Man respectively; and if any question arises as to the the same duties origin of such goods, they shall be deemed to be the produce of such country as the as on importa Commissioners of Customs may upon investigtion determine. tion. wrecked to be 500. The Commissioners of Customs and Excise shall permit all goods, wares, and Goods saved merchandise saved from any ship stranded or wrecked on its homeward voyage to be from ships forwarded to the port of its original destination, and all goods, wares, and merchandise forwarded to the saved from any ship stranded or wrecked on its outward voyage to be returned to the ports of their port at which the same were shipped; but such commissioners are to take security for original destina. the due protection of the revenue in respect of such goods, wares, and merchandise. tion. in Scotland. 501. All matters and things that may in pursuance of the Eight Part of this Act be Provision as to done by or to any justice, or any two justices, may in Scotland be done also by or to the certain terms 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 infeft." |