Page:Halsbury Laws of England v1 1907.pdf/298

 — Admiralty.

76 Sect.

11.

Salvage,

Distribution of salvage

other articles belonging to His Majesty supplied in order to effect salvage services, or for any other expense or loss sustained by His Majesty by reason of such services, and no claim for salvage services by the commander or crew or part of the crew of any of His Majesty's ships will be finally adjudicated upon unless the consent of the Lords Commissioners of the Admiralty to the prosecution of that claim If a claim is prosecuted and the consent is not proved, is proved. the claim will stand dismissed with costs (p).

A

power of distributing amongst the salvors the amount of remuneration awarded in salvaere suits was always actions of incident to the jurisdiction of the Admiralty Court salvage, and is now provided for by statute (q). 131.

j^]^^

galvao'e

m

lioyaifish.

132. Kemuneration in the nature of salvage is payable to the captors of royal fish (whales and sturgeons), and is recoverable in the Admiralty Division in an action of salvage (r).

Disputes as to

133. Disputes as to unclaimed wreck, jetsam, flotsam, ligan (s), derelict found in or on the shores of the sea or any tidal water {t), may be brought before the Admiralty Division and there determined {iv).

wreck

etc.

Sect. 12. Unclaimed wreck etc.

Piracy cases.

Droits of Admiralty.

134. The jurisdiction of the High Court of Admiralty to conas droits of Admiralty unclaimed wreck, flotsam, jetsam, ligan and derelict found in or on the shores of the sea or any tidal water, as well as derelict found on the high seas beyond the limits of the United Kingdom, is vested in the Admiralty Division (a), but no necessity for the exercise of the jurisdiction can ordinarily arise, as droits of Admiralty in time of peace are dealt with by the receiver of wreck of the district (/-»), or by the Board of Trade as Eeceiver-General of Admiralty droits (c). The High Court of Admiralty possessed an inherent jurisdiction to adjudicate in a case of piracy as to the restitution of goods taken piratically on the high seas and to condemn the goods belonging to pirates to the Crown as droits of Admiralty and such jurisdiction is now exercised by the Admiralty Division {d).

demn



{p) [q)

The Merchant Shipping Act, 1894 Ibid.,

s.

(57

&

58 Yict.

c.

60), s. 557.

556.

The Lord Warden of the Cinque Ports

v. TJte King in His Office of Admiralty Hag. Adm. 438, 441. (s) As to the meaning of these terms, see Sir Henry ConstuUes Case (1601), Co. Eep. 106 a The Gas Flout Whitton No. 2, [1896] P. 42, at p. 51. {t) Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), s. 510. (/•)

(1831), 2

5



(w) Ibid.,

s.

526.

See The King v. Property Derelict (1825), 1 Hag. Adm. 383 The King v. Forty-nine Casks of Brandy (1836), 3 Hag. Adm. 257. As to wreck found or taken possession of outside the limits of the United Kingdom, and brought within those limits, see Merchant Shipping Act, 1906 (6 Edw. 7, c. 48), s. 72. {b) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), ss. 524, 525. ( See Merchant Shipping Eepeal Act, 1854 (17 & 18 Yict. c. 120;, s. 10. {d) See Co. Litt. 391 a; The Hercules (1819), 2 Dods. 353; Badly v. Eglesfield (1671), 1 Yentr. 173; Prinston v. The Admiralty (1615), 3 Euls. 147 The Panda See also The Telegrafo or Bestauracion (1871), L. E. 3 (1842),^ 1 W. Eob. 423. (a)





P. C. 673.