The decision of the County Court Judge in cases under Appeal. section 460 of "The Merchant Shipping Act, 1854," as to disputed claims to salvage is subject to appeal. There exists, however, no enactment by the terms of which an appeal is given in proceedings for the distribution of salvage taken under section 498. The right of appeal in cases of disputed salvage claims under section 460 is, so far as proceedings under this section are concerned (the section as just pointed out does not extend to any other proceedings) conferred by the following sections: "If any person is aggrieved by the award made by such Merchant "justices or such umpire as aforesaid, he may in England ap- Shipping "peal to the High Court of Admiralty of England, in Ireland Act, 1854, to the High Court of Admiralty of Ireland, and in Scotland s. 464. 66 66 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 intention 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."-17 & 18 Vict. c. 104, s. 464. " Whenever any appeal is made in manner herein before pro- Merchant vided, the justices shall transmit to the proper officer of the Shipping "Court of Appeal a copy on unstamped paper certified under Act, 1854, "their hands to be a true copy of the proceedings had before s. 465. "such justices or their umpire, if any, and of the award so 66 made by them or him, accompanied with their or his certifi "cate in writing of the gross value of the article respecting which salvage is claimed; and such copy and certificate shall “be admitted in the Court of Appeal as evidence in the cause." -17 & 18 Vict. c. 104, s. 465. As to the mode of conducting an appeal to the High Court Practice on of Admiralty in salvage cases, and for the details of the prac- appeal. tice, general reference must be made to the chapter dealing with the subject of appeals from County Courts in Ad miralty (i). Orders as to salvage made under the enactment which we Enforcement have been considering may, it would appear-since Order XL. of orders as to of "The County Court Rules, 1875," above set out (k), makes salvage. the ordinary practice generally applicable-be enforced in case of need in the same way as other judgments of a County Court. And for the practice as to this, again, reference must be made to the chapter of this work which contains the practice as to the enforcement of judgments in ordinary actions (1). In addition, however, to any powers for the enforcement of judgments which may otherwise exist, "The Merchant Shipping Act, 1854," contains certain special provisions as to the enforcement of orders as to salvage made under the provisions of that Act. These it is necessary to set out in this place. And they are as follow: 66 66 Whenever the aggregate amount of salvage payable in respect of salvage services rendered in the United Kingdom "has been finally ascertained either by agreement or by the "award of such justices or their umpire, but a dispute 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 therein mentioned; but if the amount "exceeds two hundred pounds, it shall be apportioned in manner hereinafter mentioned."-17 & 18 Vict. c. 104, s. 466. 66 66 "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 proportions as he thinks 66 fit, with power to retain any monies that may appear to him "to be payable to any absent parties; but any distribution "made in pursuance of this section shall be final and conclu"sive against the rights of all persons claiming to be entitled "to any portion of the monies so distributed."-17 & 18 Vict. c. 104, s. 467. "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 rendered "in assisting any ship or boat, or in saving the "lives of persons belonging to the same, or the cargo or apparel thereof, 66 66 He shall detain such ship or boat, and the "cargo and apparel belonging thereto, until 66 payment is made, or process has been "issued by some competent Court for the "detention of such ship, boat, cargo, or apparel: 66 "(2.) If the same is due in respect of the saving of any "wreck, and such wreck is not sold as unclaimed 66 66 "in pursuance of the provisions hereinafter 66 "He shall detain such wreck until payment is "But it shall be lawful for the receiver, if at any time pre- 66 "Whenever any ship, boat, cargo, apparel, or wreck is de"tained by any receiver for non-payment of any sums so due as aforesaid, and the parties liable to pay the same are "aware of such detention, then, in the following cases (that is "to say,) 66 66 66 Power of receiver to sell property salved in cases of nonpayment. (1.) In cases where the amount is not disputed, and Ibid., 66 (2.) In cases where the amount is disputed, but no 66 dispute 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 66 appeal lies from the decision of the first tri"bunal to some other tribunal, and payment "thereof is not made within such twenty days "as last aforesaid, or such monition as herein"before mentioned is not taken out within such "twenty days, or such other proceedings as are "according to the practice of such other tri"bunal necessary for the prosecution of an appeal are not instituted within such twenty "days: 66 Subject to payment of expenses, fees, and salvage, owner en titled to wreck. 66 66 66 "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."-17 & 18 Vict. c. 104, s. 469. 66 66 66 66 Subject to the payment of such expenses, fees, and salvage as aforesaid, the owner of any wreck who establishes his "claim thereto to the satisfaction of the receiver within one year from the date at which such wreck has come into the possession of the receiver, shall be entitled to have the same "delivered up to him."-17 & 18 Vict. c. 104, s. 470. 66 66 BOOK IV. JURISDICTION AND PROCEEDINGS IN ADMIRALTY AND PROBATE MATTERS. CHAPTER VIII. JURISDICTION OF COUNTY COURTS IN ADMIRALTY AS TO "THE Merchant Shipping Act, 1873" (a), which forms one of a group of statutes (often called the Plimsoll Acts), which were passed mainly with a view to the protection of life at sea, prohibits any person, except the master or owner of the vessel, from sending or attempting to send by, or from carrying or attempting to carry in any vessel, British or Foreign, any dangerous goods. It will be convenient to consider (I.) the jurisdiction of the County Courts under "The Merchant Shipping Acts" as to dangerous cargoes; and (II.) the practice in proceedings under "The Merchant Shipping Acts" as to dangerous cargoes. SECTION 1. THE JURISDICTION OF THE COUNTY COURTS 1873, s. 23. "The Merchant Shipping Act, 1873," provides as follows:- Conditions as "If any person sends or attempts to send by, or not being to shipment "the master or owner of the vessel carries or attempts to carry of dangerous "in any vessel, British or foreign, any dangerous goods; (that cargoes. "is to say,) aquafortis, vitriol, naphtha, benzine, gunpowder, The Merchant "lucifer matches, nitro-glycerine, petroleum, or any other Shipping Act, "goods of a dangerous nature, without distinctly marking "their nature on the outside of the package containing the same, " and giving written notice of the nature of such goods and of "the name and address of the sender or carrier thereof to the "master or owner of the vessel at or before the time of sending "the same to be shipped or taking the same on board the "vessel, he shall for every such offence incur a penalty not "exceeding one hundred pounds: Provided that if such per (a) 36 & 37 Vict. c. 85, s. 23, infra. |