High Court of Admiralty, and Ecclesiastical Courts (Volume 4) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875. Excerpt: ... The plaintiffs contended that the section of the said Act did not "apply. 1875 The learned commissioner ruled that the section of the said Act applied, and that the plaintiffs had forfeited their claim to salvage by not complying with He l the provisions of the said section, and therefore dismissed the suit The question for the opinion of the High Court of Admiralty is whether (on the above facts) the learned commissioner was right in ruling that s. 450 of the Merchant Shipping Act applied, and that the plaintiffs had forfeited their claim to salvage by not complying with the provisions of the said section. If the Court should be of opinion in the affirmative the appeal is to be dismissed with costs. If the Court should be of opinion in the negative, then this case is to be remitted to the City of London Court for hearing, and the costs of this appeal are to abide the event. The appeal was heard on the 30th of July last. W. G. F. Phillimore for the appellants, the owners of the Zeta. The 450th section of the Merchant Shipping Act, 1854, has no application to a case like the present. In the first place, that section only relates to persons finding wreck and taking possession of it with an intention of defrauding the owners. The provisions of the section are highly penal, and must receive a reasonable construction. It could never have been the intention of the Iegislalature to impose a penalty on salvors who have delivered up possession of property to its undoubted owners. Indeed, it has been judicially laid down that salvors, on the completion of a salvage service, should give up possession to the owners of the salved property, and do not by so doing lose their right to remuneration: The Champion. (1) Again, the section only speaks of "wreck." Now the word...