APPENDIX (C). Several Sections of the Act, 9 & 10 Vict. Cap. 99., which relate to the Jurisdiction of the High Court of Admiralty. (ACTS repealed by the second section:-12 Anne, s. 2. c. 18.; 4 G. 1. c. 1.; 26 G. 2. c. 19.; 49 G. 3. c. 122.; 53 G. 3. c. 87.; 53 G. 3. c. 140.; 1 & 2 G. 4. c. 75.; so much of the 3 & 4 Vict. c. 65. s. 5. (Appendix A.), as relates to awards made by justices and others in salvage cases, and appeals therefrom; so much of 8 & 9 Vict. c. 86., as relates to persons in possession of derelict, jetsam, flotsam, or wreck, &c; 4 G. 1. c. 4.; so much of 11 G. 2. c. 9. as makes the 4 G. 1. c. 4. perpetual; so much of 17 G. 2. c. 11. as relates to salvage proceedings; 23 & 24 G. 3. c. 48. By section 3., receivers of Admiralty droits to be appointed, and their names and addresses to be posted at custom houses and at Lloyd's. By section 4., lords of manors, &c., claiming a right to wreck, to give notice to a receiver. By section 5., all persons finding wreck, &c., to report and deliver it forthwith to a receiver or officer of the customs. By section 6., receivers and officers of customs may by warrant seize goods not reported or delivered, who shall be entitled to salvage: "Provided always, that it shall be lawful for any receiver, as often as the case may arise when articles or droits of Admiralty found within the jurisdiction of the High Court of Admiralty shall be carried away out of such jurisdiction, either within the limits of the Cinque Ports or elsewhere, to seize and carry away the same, and place them in some warehouse or other place of security, to be dealt with in the same manner as is hereby directed and provided in the case of articles which shall have been so reported as aforesaid." By section 7., receivers to send to principal officer of customs at nearest port, a report of goods reported or seized when they amount to 20%. in value; a copy of the report to be posted at Lloyd's. By section 8., receivers to give notice to lords of manors, &c., of the finding of wreck claimed by them. By section 9., owners of wreck may in making good their claim within twelve months, have APPENDIX. it delivered up to them. By section 10., wreck &c., not being claimed by the owner within twelve months, lords of manors, &c., may make good their claim within one month following. By section 11., if not so claimed within such period, to be sold without any legal process as droits of Admiralty.) Reasonable salvage to be allowed to persons saving ships or goods. Proviso. XIX. And be it enacted, That every person (except receivers under this act) who shall act or be employed in any way whatsoever in the saving or preserving of any ship or vessel in distress, or of any part of the cargo thereof, or of the life of any person on board the same, or of any wreck of the sea, or of any goods, jetsam, flotsam, lagan, or derelict, or of any anchors, cables, tackle, stores, or materials which may have belonged to any ship or vessel, whether the said ship or vessel shall have been in distress or otherwise, and whether such person shall have so acted at the request of, or on application by any person in authority, or by the master or owner of any ship or vessel, or otherwise, shall, within fourteen days after the service so performed, or within fourteen days after the owner or any other person shall have established his claim to any such article as aforesaid, be paid a reasonable reward or compensation by way of salvage for such service, by the commander, master, or other superior officer, mariners, or owner of the said ship or vessel, or their agent, or by the merchant whose ship, vessel, or cargo shall be so saved as aforesaid, or by the owner of the other articles herein-before mentioned, or other person claiming the same; and in default thereof, the said ship or vessel, or any part of the cargo remaining on board thereof, so saved as aforesaid, shall remain in the custody of the High Court of Admiralty, and the said goods or other article (and also, until warrant issued from the High Court of Admiralty, the said ship, vessel or cargo,) shall remain in the custody of the receiver or officer of the customs until the person so acting or employed in the preservation of such ship or vessel, goods, or other article as aforesaid, shall have been reasonably compensated for his said assistance and trouble, or reasonable security given for that purpose to the satisfaction of the said receiver or officer of the customs, or High Court of Admiralty: Provided always, that every receiver who shall act or be employed in the saving or preserving of any ship or vessel in distress, which shall not become a droit of Admiralty, shall be entitled to receive from the owner thereof APPENDIX. the sum of two pounds for the first day, and the further sum of one pound for every subsequent day on which he shall be employed in the said service, if the said ship or vessel, together with the cargo thereof, shall be of or above the value of six hundred pounds, and the said receiver shall be entitled to a moiety of such respective sums, if the said ship and cargo shall be under the value of six hundred pounds; and the said ship or vessel shall be so detained as aforesaid until such sums shall have been paid to the said receiver. XX. And be it enacted, That it shall be lawful for the Receiver gesaid receiver general to make rules, and vary and alter the same, from time to time, as he may think proper, for regulating the rate of salvage to be paid by the receivers when any ship, vessel, boat, apparel, anchor, cable, tackle, stores, materials, goods, merchandise, or other article whatsoever shall not be proved to belong to any owner or other person, and shall be sold as droits of Admiralty in manner hereinbefore directed. XXI. And be it enacted, That if any person shall have rendered any service (except ordinary pilotage) in the saving or preserving of any ship or vessel in distress, or of the cargo thereof, or of the life of any person on board the same, or of any wreck of the sea, goods or other article hereinbefore mentioned, which shall not become droits of Admiralty, and the said person, and the master or owner of such ship or vessel, or his agent, or the owner of such article, or his agent, cannot agree upon the amount of salvage or compensation to be paid in respect of such service, then such person shall deliver to such master, owner, or agent, a statement in writing, without prejudice to either party, of the amount of salvage or compensation claimed for such services, and (unless such salvage shall have been already paid by any receiver under the powers herein-before contained, or the claim thereto shall exceed the sum of two hundred pounds,) the matter or difference may be determined by any two justices of the peace, residing at or near to the place where such service has been rendered, within forty-eight hours after such difference shall be referred to them for their determination thereof, and if they cannot agree respecting the same, then it shall be lawful for them to nominate any third person conversant in maritime affairs, at their option, neral make lating salvage If owners and salvors disagree respecting salvage, two justices, or a person nominated by them, may determine the same. APPENDIX. who shall ascertain the amount of salvage to be paid within Admiralty may appoint salvage commissioners to determine differences where they think fit, and appoint a secretary, &c. forty-eight hours after he shall be so nominated as aforesaid; and the said justices and such third person so nominated as aforesaid shall have full power and authority, whenever they see occasion, to examine the parties or their witnesses upon oath, which oath, they or any one of them are and is hereby authorized to administer; and it shall be lawful for the person so to be nominated by the said justices, who shall decide on the amount of salvage to be paid as aforesaid, to demand and receive of and from the owner of the ship or vessel aforesaid, or of the article so saved as aforesaid, or of the salvors or their respective agents, a sum of money not exceeding two pounds two shillings; and such owner or his agent, or such salvors, at the discretion of the said justices or person appointed by them as aforesaid, are hereby required to pay the same to the person so nominated as aforesaid, immediately after he shall have made his award or decision, and such sum of two pounds two shillings, and such amount of salvage, may be recovered as any penalty imposed by this act: Provided always, that when the salvage claim shall exceed the sum of two hundred pounds, then and in every such case the said matter or difference shall, in the event of no such agreement being made as aforesaid, either by reference to arbitration or otherwise, be determined exclusively by the High Court of Admiralty. XXII. And be it enacted, That it shall be lawful for the Commissioners of Admiralty to nominate and appoint, in such ports or towns and for such districts as in their discretion they may think fit, three or more proper persons for each port, town, or district, respectively, to be called com missioners of salvage, who, or any three or more of them, shall have power to adjust and determine any difference respecting salvage, in the same manner and in such cases as the justices herein-before in that respect mentioned, and also to nominate and appoint a proper person to act as secretary or registrar to the said commissioners, and which secretary or registrar shall enter in a book, kept for that purpose, all the proceedings of such commissioners and also a copy of the awards which they shall have from time to Commissioners time made; and the said commissioners of salvage, or any empowered to three or more of them, shall have the power of examining on examine on oath, and all other the same power and authorities as are oath. fied Parties dissatismay appeal to High Court of Admiralty, and goods to be restored to owners on herein-before given to the said justices, and to the person to APPENDIX. be by them nominated as aforesaid; and such commissioners of salvage, or any three or more of them, who shall decide in any such case as aforesaid, and their secretary or registrar, may, and they are hereby authorized to demand of and from the owner of any ship or vessel, or of any article against whom any person may make any claim or demand for service rendered on preserving the same, and such owner or salvors is and are hereby required to pay such fee or reward for deciding on every such claim as shall be regulated and appointed in that behalf by the Commissioners of the Treasury; and the said commissioners of salvage, or any three or more of them, shall have the power to commit for contempt. XXIII. And be it enacted, That in case any person so claiming to be entitled to salvage or compensation for services rendered as aforesaid, or the person against whom such claim is made, or his agent, shall be dissatisfied with such award and decision of the said justices or person so to be nominated by them as aforesaid, or of the said commissioners giving bail. of salvage, it shall be lawful for either of them respectively, within ten days after such award shall have been made, but not afterwards, to notify to such justices, or to the said commissioners of salvage, as the case may be, his desire of obtaining the judgment of the High Court of Admiralty, respecting the said salvage or compensation, and thereupon such person shall forthwith proceed by taking out a monition within thirty days from the date of such award; but in such case the receiver or officer of the customs in whose custody the ship, vessel, goods, or other article in respect of which such claim of salvage has been made shall have been detained as aforesaid, is hereby required and empowered to release such ship or vessel, and to deliver to the owner or proprietor, or his agent, such goods or other article, upon the said owner or proprietor, or his agent, giving good and sufficient bail in double the amount of the sum awarded for salvage or compensation, or if no sum shall have been so awarded, then to such amount as the said receiver shall deem sufficient, and which bail the said receiver is hereby anthorized to take and certify according to the form contained in the schedule (A.) hereunto annexed, and transmit the same without delay to the said receiver-general, together |