THE HONGKONG GOVERNMENT GAZETTE, 22ND NOVEMBER, 1862.
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(8.) All the Provisions of the Principal Act relating to summary Proceedings in Salvage Cases, and to the Prevention of unnecessary Appeals in such Cases, shall, except so far as the same are altered by this Act, extend and apply to all such Proceedings, whether under the Principal Act or this Act, or both of such Acts.
vage Cases.
50. Whenever any Salvage Question arises the Receiver of Wreck for the District Receiver may ap- may, upon Application from either of the Parties, appoint a Valuer to value the Pro- point a Valuer in Sal- perty in respect of which the Salvage Claim is made, and shall, when the Valuation has been returned to him, give a Copy of the Valuation to both Parties; and any Copy of such Valuation, purporting to be signed by the Valuer, and to be attested by the Re- ceiver, shall be received in Evidence in any subsequent Proceeding; and there shall be paid in respect of such Valuation, by the Party applying for the same, such Fee as the Board of Trade may direct.
of Session in Salvage
51. The Words "Court of Session" in the Four hundred and sixty-eight Section Jurisdiction of Court of the Principal Act shall be deemed to mean and include either Division of the Court Cases. of Session or the Lord Ordinary officiating on the Bills during Vacation.
by Receiver no
to
52. Upon Delivery of Wreck or of the Proceeds of Wreck by any Receiver to any Delivery of Wreck Person in pursuance of the Provisions of the Eighth Part of the Principal Act such prejudice Title. Receiver shall be discharged from all Liability in respect thereof, but such Delivery shall not be deemed to prejudice or affect any Question concerning the Right or Title to the said Wreck which may be raised by Third Parties, nor shall any such Delivery prejudice or affect any Question concerning the Title to the Soil on which the Wreck may have been found.
Wreek.
53. Whereas by the Principal Act it is provided that the Proceeds of Wreck, if Crown Rights to the same is not claimed by the Owner within a Year, and if no Person other than Her Majesty, Her Heirs and Successors, is proved to be entitled thereto, shall, subject to certain Deductions, be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Commissioners of the Treasury may direct, and that the same shall be carried to and form Part of the Consolidated Fund of the United Kingdom:
And whereas Doubts have been entertained whether the said lastrecited Provision is consistent with the Arrangements concerning the Hereditary Revenues of the Crown effected by the Act of the First Year of Her present Majesty, Chapter Two: And whereas Doubts have also been entertained whether due Provision is made by the said Act for paying to the Revenues of the Duchies of Lancaster and Cornwall respectively such of the said Proceeds as may belong to those Duchies:
It is hereby declared, That such of the said Proceeds of Wreck as belong to Her Majesty in right of Her Crown shall, during the Life of Her present Majesty (whom God long preserve), be carried to and form Part of the Consolidated Fund of the United Kingdom, and shall after the Decease of Her present Majesty (whom God long preserve) be payable and paid to Her Majesty's Heirs and Successors:
And it is hereby further declared, that such of the said Proceeds of Wreck as be- long to Her Majesty in right of Her Duchy of Lancaster shall be paid to the Receiver General of the said Duchy or his sufficient Deputy or Deputies as Part of the Revenues of the said Duchy and be dealt with accordingly:
of
And it is hereby further declared and enacted, That the Provision in the Principal Act contained regarding the Sale of unclaimed Wreck to which no Owner establishes his Claim within the Period of One Year, and to which no Admiral, Vice Admiral, Lord any Manor, or Person other than Her Majesty, Her Heirs and Successors, is proved to be entitled, is intended and shall be construed to apply to Wreck of the Sea belong- ing to Her Majesty, Her Heirs and Successors, in respect of the Duchy of Cornwall, or to the Duke of Cornicall for the Time being in respect of his Duchy of Cornwall: But that the Proceeds of such Wreck shall, subject to such Deductions as are in the same Act mentioned, form Port of the Revenues of the Duchy of Cornwall, and be dealt with accordingly.
Liability of Shipowners (Part IX. of Merchant Shipping Act, 1854.)
1 Vict. c. 2.
54. The Owners of any Ship, whether British or Foreign, shall not, in Cases where Shipowners Liability all or any of the following Events occur without their actual Fault or Privity, that is
to say,
(1.) Where any Loss of Life or personal Injury is caused to any Person being
carried in such Ship;
limited.
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