(See MERCHANT SHIPPING ACT, 154, Part IX., SS. 557-64.)

1889. Aid to Ships in Danger.-All officers of His Majesty's ships are to afford every possible aid to vessels in danger, distress, or in want of casual assistance, and in saving life.

2. Salvage Services are services rendered by persons by whose assistance a ship, its apparel, cargo or wreck, or, generally speaking, the lives of any persons belonging to such ship, has or have been saved when in danger, either at sea or in tidal waters or on the shores thereof. It is not necessary that the danger should be imminent; it is sufficient if at the time the assistance is rendered the ship has encountered any danger or misfortune which might possibly expose her to destruction if the services were not rendered. Services rendered to ships not amounting to salvage services will in this Chapter be referred to as " assistance."

3. No officer in the Navy may make a claim for salvage without Admiralty sanction, which will not be given unless arduous service or service accompanied with hazard has been rendered, but this regulation is not to interfere with the preliminary steps which a salvor is authorised to take under the Merchant Shipping Act as described in this Chapter. No court of law can decide upon any claim made by officers or men belonging to His Majesty's ships without such consent of the Admiralty.

4. When salvage services or assistance have been rendered by one of His Majesty's ships the Captain is to forward a report of the matter to the Commander-in-Chief for the information of the Admiralty with special reference to the following points :

1. Whether he considers the services amounted to salvage services as defined in clause 2, and why ?
2. Whether it is desired to make a claim for salvage.
3. If it is desired to make such a claim a copy of the ship's log should be forwarded, and it should be stated :
4. What was the arduous service or service accompanied with hazard which was rendered ?
5. What is the estimated value of the ship and cargo or other property salved, and what amount it is proposed to claim for salvage ?
6. Has a bond or agreement been given as provided in Articles 1891 and 1892, and has the vessel or property been released in consequence ?

5. In every case of salvage or assistance the Captain's report should be accompanied by a list of expenses incurred, including claims for compensation for damage to clothing and any extra pay which he may consider should be granted (see Articles 1491, clause 3, and 1633).

It is to be understood that any compensation or extra pay granted will be deemed part of the salvage award, if any, and deducted from the amount received before distribution.

1890. Directions of Receiver of Wrecks.-On any vessel being stranded or in distress at any place on the shore of the sea, or of any tidal water within the United Kingdom, it is the duty of every officer or man belonging to His Majesty's ships in the neighbourhood present at the wreck to obey the directions of the Receiver of Wrecks, or of the person duly authorised to act in his behalf, and to afford him every assistance in the performance of the duties imposed upon the Receiver by the Merchant Shipping Acts.

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1891. Procedure to enforce Claims.- In order to prevent needless detention of the vessels or property saved in foreign and distant places, and at the same time to ensure due satisfaction of the claims of the salvors, the lien of the salvors upon the vessels, cargo, or property, as the case may be, is to cease upon proper security being given. The practice on this head is to be as follows :

1. Should the Captain, officers, or crew of any ship render salvage service to a merchant vessel at any place out of the United Kingdom and the four seas adjoining thereto, then, unless the parties can agree between themselves, in the manner mentioned in Article 1892, the salvor, instead of retaining possession until the claim is settled; must take the vessel to some foreign port where there is a consular officer, or to some British port where there is a colonial Court of Admiralty, or a Vice-Admiralty Court; and in so doing, the salvor is, so far as his primary duty to the King's Service permits, to be guided by the convenience of the vessel saved. Within 24 hours after arriving at such port, the salvor, and the master or other person in charge of the property alleged to be saved, are each to deliver to the consular officer or to the judge of the colonial Court of Admiralty, or Vice-Admiralty Court, a statement on oath, specifying, so far as possible, the particulars set out in the first part of the 19th Schedule to the Merchant Shipping Act, 1894, so far as those particulars are applicable ; and also, in the case of the master or other person, his willingness to execute a bond, so far as circumstances will permit, in the form set out in the second part of that schedule, in such amount as the said consular officer or judge shall fix.
2. Particulars to be stated both by the salvor and by the master or other person in charge of the vessel, cargo, or property saved :
1. The place, conditions, and circumstances in which the vessel, 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.
3. Additional particulars to be stated by the salvor:
1. The proportion of the value of the vessel, cargo and property, and of the freight which he claims for salvage, or the values at which he estimates the vessel, freight, cargo, and property respectively, and the several amounts that he claims for salvage in respect of the same.
2. Any other circumstances which he thinks relevant to the said claim.
4. Additional particulars to be stated by the said master or other person in charge of the said vessel, cargo, or property :
1. A copy of the certificate of registry of the said vessel and of the endorse menu thereon, stating any change which (to his knowledge or belief) has occurred in the particulars contained in the certificate; and stating also, to the best of his knowledge and belief, the state of the title to the vessel 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.
2. The name and place of business or residence of the freighter (if any) of the said vessel, and the freight to be paid for the voyage on which she then is.
3. A general account of the quantity and nature of the cargo at the time the salvage services were rendered.
4. The name and place of business or residence of the owner of the cargo and of the consignee thereof.
5. The values at which the master or person making the statement estimates the vessel, cargo, and property, and the freight respectively; or, if he thinks fit, in lieu of the estimated value of the cargo, a copy of the vessel's manifest.

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6. The amounts which the master thinks should be paid as salvage for the services rendered.
7. An accurate list of the property saved, in cases where the vessel is not saved.
8. An account of the proceeds of the sale of the vessel, cargo, or property in cases where the same or any of them are sold at the port where the statement is made.
9. The number, capacities, and condition of the crew of the vessel at the time when the services were rendered; and
10. Any other circumstances he thinks relevant to the matters in question.
5. Should the parties be unable to give all the above particulars, the reasons for omitting any of them should be stated.
6. Upon receiving these statements, the consular officer or judge will proceed within four days to fix what he considers an adequate sum to compensate the salvors for the services rendered, and to cover any additional claim for costs. In doing this, he is instructed to remember that the claim will have to be decided by the Court to which the matter is referred after the consent of the Admiralty shall have been obtained, and that, in the case of a British vessel, the only security required is a bond by the master. In that case, therefore, he is to fix a sum which will cover the claim actually made by the salvor, with. an additional sum of about 1501. for costs. With regard to a foreign vessel, where sureties are required, it is important that the amount secured should not be excessive, and the consular officer or judge is therefore, in that case, to exercise special discretion..
7. Should either party fail to make his statement, the consular officer or judge may proceed ex pane, but he should not, except in a pressing case, do so without giving notice ; and if the property or vessel saved is to be sold, he is to allow a reasonable time for the purpose of giving the particulars of the sale. He has no power in any case to require the cargo to be unladen.
8. Should the consular officer or judge require additional information, he may examine the parties or witnesses upon oath, and in such case the evidence is to be taken in writing, and to be attached to or accompany the statements.
9. In fixing the amount for which security is to be given in the case of a foreign ship, the consular officer or judge will, approximate as nearly as he can to what he considers sufficient compensation for the services rendered; and will be guided, so far as he has the means and knowledge, by the rules which ordinarily guide Admiralty Courts in such cases, adding to the amount 1561. or thereabouts to cover costs. He is to remember that the bond being substituted for the property by way of security for the claim, the amount should be large enough to cover it--on the other hand, that no award is ever made exceeding one-half of what is considered to be the true value of the property saved.
10. When the consular officer or judge has determined the amount, he is to give notice to the parties to cause a bond to be prepared in the form set out in the second part of the 19th Schedule to the Act referred to, and to see that it is properly filled up with the particulars as given to him, and with the sum which he has determined. If the parties wish that the case should be adjudicated on in any colonial Court of Admiralty, or Vice-Admiralty Court in the British dominions, the name of the Court, and the place for which it acts, is to be inserted in the bond. If not, the High Court in England will be the Court to adjudicate upon it. This bond must be executed by the master

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in the presence of the consular officer or judge, and must be attested by him. The consular officer or judge will then deliver it to the salvor, and thereupon the lien of the salvor on the property will cease, and his remedy will be upon the bond.

11. Should, however, the vessel or property saved be owned by persons who reside in any foreign country, such additional security must be given as the consular officer or judge may approve; for this purpose, it is his duty to see that the persons giving the security are solvent persons, and that the security is one which is capable of being enforced in a British Court of Justice. When duly executed and attested, it must be given to the consular officer or judge, or, should the salvor so desire, it must be placed in the joint possession of the consular officer, of the judge, and of any other person whom the salvor may appoint for the purpose, to be afterwards dealt with as the Court which shall adjudicate upon it may direct.

1892. Agreement between Salvor and Master.-If the salvor and the master of the vessel saved can agree between themselves, they may enter into an agreement, which will have the same effect as the bond before mentioned, without going before a consular officer or judge. This is a course which it will be found very desirable to take where the destination of the ship-of-war, and of the vessel saved, are such that they cannot proceed to a place where there is a consular officer or judge, without inconvenience to one or both. Where such an agreement is made, care should be taken to attend to the following points :-

1. The agreement must be in writing, and must be signed by the salvor and the master of the merchant vessel, and must be attested by two witnesses.
2. The sum inserted must depend on circumstances; it should in no case exceed one-half the value of the property saved ; 1501. should be added to cover costs.
3. The agreement should be accompanied by statements signed by the salvor and master respectively, similar to those given to a consular officer or judge, except that they need not be on oath.
4. The agreement and statements should be sent as soon as possible to the Court which has to decide on the case.
5. The following form may be used for the agreement referred to:-

Whereas certain salvage services are alleged to have been rendered by His Majesty's ship (insert names of ship and of Captain) Captain, to the merchant vessel (insert names of vessel and of Master) Master, belonging to (name and place of business or residence of owner of vessel), freighted by (the name of the freighter), and to the cargo therein, consisting of (state very shortly the descriptions and quantities of the goods, and the names and addresses of their owners and assignees)

And whereas the said (insert name of Captain of ship) has voluntarily agreed to abandon his lien upon the said vessel (insert name of merchant vessel) and the cargo thereof, upon the Master of the said vessel entering into such agreement as hereinafter contained, as is testified by the said (insert name of Captain) signing this agreement, and he has fixed the amount to be inserted in this bond at the sum of (state the sum).

Now I, the said (name of Master), do hereby, in pursuance of the Merchant Shipping Act, 1894, and in consideration of the premises, bind the several owners for the time being of the said vessel, and of the cargo therein, and of the freight payable in respect of such cargo, and their respective heirs, executors, and administrators, to pay among them such sum, not exceeding the said sum of (state the sum fixed) in such proportions and to such persons as (if the parties agree on any other Court, substitute the name of it here)

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the High Court in England shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid.

In witness whereof we have hereunto set our hands this

day of _________19____

___________________Signed by the said (Captain's signature).

(Master's signature).

In the presence of us___________________Signatures

Of_____________________land full

And___________________ description

Of_____________________of witnesses.

(N.B.-Any of the particulars not known, or not required by reason of the claim being only against the cargo, &c., may be omitted.)

1893. Distribution of Salvage awarded.- Money, whether received as salvage, or as a gift in lieu of salvage, or in any other shape, is to be distributed solely by the Accountant-General, according to the Prize Proclamation, or in such other manner as the Admiralty may direct.

2. Such money shall not be accepted without the consent or sanction of= the Admiralty; and if received pending such consent, it is to be immediately taken on charge by the Accountant Officer in his cash account, in order that the same may be transferred to the naval prize account for distribution, on the consent of the Admiralty being given.

3. Any Captain or other person making distribution on the spot of any such money will be held personally liable to make good the 51. per cent. payable to the naval prize cash balance, and also liable for any shares omitted or inadequately paid.

1894. Saving and protecting Property.-All officers are to use their best efforts to save and protect property and stores, especially those belonging to the Crown, which may be on board any vessel placed in circumstances of danger or distress ; and, if necessary, to remove such stores to a place of safety.

1895. Risk to H.M. Ships or loss of Stores.-No claim for salvage services is to be made in respect of loss or risk of His Majesty's ships, or for the use of any stores or other articles belonging to His Majesty supplied in and to effect such services, or for any other expense or loss sustained by His Majesty by reason thereof. Neither is any claim to be made by officers or others in His Majesty's Service on account of property salved belonging to the Crown.

1896. Salvage on recovered Ship's Stores.-If any stores, lost from one of His Majesty's ships, shall be brought on board, and the Captain shall be satisfied that the person who brings them did not obtain them by improper means, he is to give him a receipt for them, in which the following particulars are to be stated, viz. :-the description, quantity, and condition of the stores ; the service for which they may be fit, which is to be determined on by the officers best qualified to judge; whether the parties claiming salvage were assisted by part of the crew of any of His Majesty's ships; and why the crew had not been able to recover the articles.

2. Local Payments for Salvage.-The Captain is to authorise small payments for salvage by private individuals without previous submission to the Admiralty in cases where the salvage value does not exceed �5. The payments should be governed by the following scale:

1. When the estimated net value of the stores salved does not exceed �2. 10s., a sum not exceeding two-thirds of such value may be paid.
2. When the estimated net value of the stores is over �2. 10s., but under �5., the sum paid should not exceed half such value.

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3. Documents to be forwarded.-If the salvage value exceeds 51. a duplicate copy of the receipt together with a report of survey, on the articles recovered with full particulars relative to the same, and giving a correct estimate of their value and of the proper amount of salvage to be paid for their recovery, is to be forwarded by the Captain, through his Commander-in-Chief, to the Admiralty.

4. In cases where payment is authorised locally the copy of the receipt together with the report of survey and a full description of the articles salved should be attached to the cash account voucher.

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