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MERCHANT SHIPPING ACT 1894 - SECT 550

Determination of disputes as to salvage summarily.

550.(1) The Lord Lieutenant in Ireland may appoint, out of the justices for
any borough or county, a rota of justices, by whom jurisdiction in salvage
cases under this Part of this Act shall be exercised.

(2) Where no such rota is appointed the salvors may, by writing addressed to
the justices clerk, name one justice and the owner of the property saved may
in like manner name another justice to be arbitrators; and if either party
fails to name a justice within a reasonable time the case may be tried by two
or more justices at petty sessions.

(3) Where a dispute as to salvage is referred to justices under this Act, they
may, if a difference of opinion arises between them, or without such
difference, if they think fit, appoint some person conversant with maritime
affairs as umpire to decide the point in dispute.

(4) The arbitrators, within forty-eight hours after any such dispute has been
referred to them, and the umpire (if any) within forty-eight hours after his
appointment, shall make an award as to the amount of salvage payable, with
power nevertheless for such arbitrators or umpire, by writing, duly signed, to
extend the time for so making the award.

(5) There shall be paid to every umpire appointed as aforesaid, in respect of
his services, such sum not exceeding five pounds as the Board of Trade may
direct.

(6) All the costs of such arbitration, including any such payment to an umpire
as aforesaid, shall be paid by the parties to the dispute, in such manner, and
in such shares and proportions, as the arbitrators or umpire may direct by the
award.

(7) The arbitrators or umpire may call for the production of any documents in
the possession or power of either party which they or he may think necessary
for determining the question in dispute, and may examine the parties and their
witnesses on oath, and administer the oaths necessary for that purpose.

(8) A Secretary of State may determine the scale of costs to be awarded in
salvage cases determined by arbitrators under this Part of this Act.


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© 1894 Crown Copyright

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