(2) Any agreement made under this section may be adjudicated on and enforced in the same manner as a bond executed under the provisions of this Part of this Act relating to salvage by Her Majesty's ships, and on any such agreement being made the salvor and the master shall respectively make the statements required by this Part of this Act to be made in the case of the bond, but their statements need not be made on oath.

(3) The salvor shall transmit the statements made, as soon as practicable to the court in which the agreement is to be adjudicated upon.

555. (1) Where the aggregate amount of salvage payable in respect of salvage services rendered in the United Kingdom has been finally determined, either summarily in manner provided by this Act or by agreement, and does not exceed two hundred pounds, but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay the amount may apply to the receiver for liberty to pay the same to him; and the receiver shall, if he thinks fit, receive the same accordingly and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid, and that certificate shall be a full discharge and indemnity to the person by whom the money is paid, and to his vessel, cargo, apparel, and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate.

(2) The receiver shall with all convenient speed distribute any amount received by him under this section among the persons entitled to the same on such evidence, and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent.

(3) A distribution made by a receiver in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed. 556. Whenever the aggregate amount of salvage payable in respect of salvage service rendered in the United Kingdom has been finally ascertained, and exceeds two hundred pounds, and whenever the aggregate amount of salvage payable in respect of salvage services rendered elsewhere has been finally ascertained, whatever that 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 that apportionment into effect, and may compel any person in whose hands or under whose control the 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 processes as it thinks fit.

A.D. 1894.

Apportion. ment of sal£200 by receiver.

vage under

Apportion ment of

salvage by Admiralty courts.

MERCHANT SHIPPING ACT, 1900.

CHAPTER 32.

LIABILITY OF SHIPOWNERS AND OTHERS.

A.D. 1900. An Act to amend the Merchant Shipping Act, 1894, with respect to the Liability of Shipowners and others. [6th August 1900.]

Further

limitation of liability of shipowner.

57 & 58 Vict. c. 60.

Limitation of liability of harbour conservancy authority.

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. The limitation of the liability of the owners of any ship set by section five hundred and three of the Merchant Shipping Act, 1894, in respect of loss of or damage to vessels, goods, merchandise, or other things, shall extend and apply to all cases where (without their actual fault or privity) any loss or damage is caused to property or rights of any kind, whether on land or on water, or whether fixed or moveable, by reason of the improper navigation or management of the ship.

2. (1) The owners of any dock or canal, or a harbour authority or a conservancy authority, as defined by the Merchant Shipping Act, 1894, shall not, where without their actual fault or privity any loss or damage is caused to any vessel or vessels, or to any goods, merchandise, or other things whatsoever on board any vessel or vessels, be liable to damages beyond an aggregate amount not exceeding eight pounds for each ton of the tonnage of the largest registered British ship which, at the time of such loss or damage occurring, is, or within the period of five years previous thereto has been, within the area over which such dock or canal owner, harbour authority, or conservancy authority, performs any duty or exercises any power. A ship shall not be deemed to have been within the area over which a harbour authority or a conservancy authority performs any duty, or exercises any powers, by reason only that it has been built or fitted out within such area, or that it has taken shelter within or passed through such area on a voyage between two places both situate outside that area, or that it has loaded or unloaded mails or passengers within that area.

(2) For the purpose of this section the tonnage of ships shall be ascertained as provided by section five hundred and three, subsection two, of the Merchant Shipping Act, 1894, and the register of any ship shall be sufficient evidence that the gross tonnage and the deductions therefrom and the registered tonnage are as therein stated.

(3) Section five hundred and four of the Merchant Shipping Act, 1894, shall apply to this section as if the words owner of a British or foreign ship" included a harbour authority and a conservancy authority, and the owner of a canal or of a dock.

(4) For the purpose of this section the term dock" shall include wet docks and basins, tidal docks and basins, locks, cuts, entrances, dry docks, graving docks, gridirons, slips, quays, wharves, piers, stages, landing-places, and jetties.

(5) For the purposes of this section the term owners of a dock or canal "shall include any person or authority having the

control and management of any dock or canal, as the case may be.

(6) Nothing in this section shall impose any liability in respect of any such loss or damage on any such owners or authority in any case where no such liability would have existed if this Act had not passed.

3. The limitation of liability under this Act shall relate to the whole of any losses and damages which may arise upon any one distinct occasion, although such losses and damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any general or private Act of Parliament, and notwithstanding anything contained in such Act.

A.D. 1900.

Limitation
of liability
where several

claims arise

on one

occasion.

4. This Act may be cited as the Merchant Shipping (Liability Short title. of Shipowners and others) Act, 1900.

c. 60.

5. This Act shall be construed as one with the Merchant Construction. Shipping Act, 1894, and that Act and the Merchant Shipping 57 & 58 Vict. Act, 1897, the Merchant Shipping (Exemption from Pilotage) 60 & 61 Vict. Act, 1897, the Merchant Shipping (Liability of Shipowners) Act, c. 59. 1898, the Merchant Shipping (Mercantile Marine Fund) Act, 1898, and this Act, may be cited together as the Merchant Shipping Acts, 1894 to 1900.

60 & 61 Vict. c. 61.

61 & 62 Vict. c. 14.

61 & 62 Vict. c. 44.

17. Insurance is uberrimae fidei.

18. Disclosure by assured.

19. Disclosure by agent effecting insurance.

20. Representations pending negotiation of contract.
When contract is deemed to be concluded.

21.

Section.

37.

Warranties, etc. (contd.)

No implied warranty of nationality.

38. Warranty of good safety.

39.

40.

Warranty of seaworthiness of ship.

No implied warranty that goods are seaworthy. 41. Warranty of legality.

A.D. 1906.

71. Partial loss of goods, merchandise, etc.

72. Apportionment of valuation.

73. General average contributions and salvage charges.

74. Liabilities to third parties.

75.

76.

77.

General provisions as to measure of indemnity.
Particular average warranties.

Successive losses.

78. Suing and labouring clause.