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so sent home, as far as the foregoing instructions and other circumstances permit, follow the same rules which are laid down for his guidance in the case of distressed seamen relieved and sent home by him.

before Con

132. In certain cases depositions taken before Consuls are Deposition 'made receivable as evidence in British Courts of Justice, but sul. in order that they should have any effect it is essential that S. 270. all the requirements of the Act should be strictly complied with, and that the utmost possible care should be taken for that purpose; and in receiving and forwarding the depositions with this object, the Consul should attend particularly to the following rules.

how to be taken.

S. 270.

133. The depositions should always be taken down in writing Depositions, at the time they are made, and when the examination of the witness is concluded, should be read over and signed by him, and should be authenticated by the signature of the Consul. The deposition should be headed by a statement in writing, under the hand of the Consul, of the name and description of the deponent, and of the matter in which it is taken, including in criminal cases the name and description of the accused, and the charge made against him. The Consul should also state distinctly in writing that the deposition is made before him, and in criminal cases that it is made in the presence of the accused. 134. When witnesses make a deposition, or give evidence If made in in any other language than English, it should be through a competent interpreter, sworn to interpret truly, and the name of the interpreter and the fact that he was so sworn should be stated on the deposition, and certified by the Consul. The examination should take place through the interpreter after he is sworn, and should be taken down by the Consul in English, and signed by the interpreter.

foreign lar

guage.

cross-exami

to accused

S. 270, 262.

135. Where the case involves a charge against any person Facilities for the examination should always take place in the presence of nation, &c., the accused. Each witness's evidence, when completed, to be given should be distinctly read and explained to the accused in his parties. own language, and he should be told by the Consul that he may put any questions he thinks proper to the witness, and that the substance of the questions and the answers will form part of the evidence. If he puts any questions the questions and answers should be taken down in English, and form part of the examination. This also, when necessary, should be done through a sworn interpreter.

136. The original depositions, and not copies, must in all Originals to cases be sent, and they must be sent at as early a period as s. 270.

be sent.

Notice of wrecks, losses, &c.

Consuls to give assist

ance.

Interference authorized by treaty.

Consul not to interfere with masters or agents.

possible. If the trial is to be in the United Kingdom, they must be sent to the Board of Trade, with a letter stating the substance of the case. If elsewhere, the depositions will be sent accordingly.

WRECK AND SALVAGE.

Wrecks and Casualties.

137. There is no enactment or law expressly requiring Masters of British ships which have suffered wreck or damage to report to the Consul, but they will almost invariably do so for the purpose of making a protest, if not for the purpose of claiming assistance; and even if they should not, the Consul will scarcely fail to be informed of the occurrence.

138. Whenever any British ship is wrecked, lost, or abandoned within the limits of the Consulate, it will be the Consul's duty to give every assistance in his power towards saving the lives of those on board, and preserving the property for the owners. The particular steps to be taken for this purpose will depend on the circumstances of each case, and on the powers which he may possess under treaties, or under the laws of the country in which he is acting. He will endeavour to obtain the assistance of the local authorities if necessary, and he will also endeavour to have that assistance rendered in such a shape and to such an extent, and to such an extent only, as may be for the interest of the owners or insurers.

139. In countries where the British Consul is authorized by treaty to interfere in matters of wreck, and to claim wrecked property he will, so far as the treaty permits, require the local authorities to allow him to act accordingly, and to prevent the interference of improper and unauthorized persons. He will also demand the restitution of property saved, subject to salvage and other proper expenses. If any difficulty is thrown in his way, contrary to the spirit of the treaty, he will represent the case to the British Minister, or to Her Majesty's Secretary of State.

140. If in cases of wreck or casualty the Master, or any other competent officer of the ship, is present, the Consul will · not, unless there is reason to suspect foul play, interfere with any steps they may take for saving the ship or cargo, but will give such assistance as may be in his power. In like manner, if any other authorized agent of the owners is present, he will permit him to take the necessary steps, merely giving his assistance. The Consul will, however, on the one

hand, consider himself bound to do whatever may be necessary with the local authorities, and will, on the other, require the Master or agent to pay any expenses which he (the Consul) has properly incurred.

to persons on board

vessel.

141. He will give all necessary assistance to the persons Assistance on board the wrecked vessel. In cases of death he will endeavour to ascertain their identity, will see that they are) wrecked buried, and will report their names and descriptions to the Board of Trade. The Consul's further duties in respect of the crews of shipwrecked vessels are mentioned in paragraphs 68 and 142.

142. The Consul will give his best assistance in settling Salvage exthe claims of salvors. The crew of the ship are not entitled, penses. according to British law, to make any claim as salvors. The claims of other salvors at the place will be determined according to the law of the place.

agreement

143. The Consul will notice that where the salvor, whether Voluntary a person employed in Her Majesty's service or not, and the for salvage. master of the ship saved, can agree between themselves for S. 497. the purpose, they may enter into an agreement, which will have the same effect as the bond mentioned below, to be used in cases of salvage by Her Majesty's Ships, paragraph 158. This agreement need not be entered into before the Consul, and he need not, necessarily, have anything to do with it; but it is desirable that he should be aware of the effect of such agreement, and should be able to point out to parties interested a mode of settling disputes, which may often prevent unnecessary detention and annoyance.

claim and

144. If parts of the ship or goods are washed on shore or Consul to otherwise found out of the custody of the master or crew, preserve the Consul will, so far as he is able, claim and keep the goods goods. for the owners or insurers or their agents; he will communicate with Lloyd's Agent, and will do his utmost to co-operate and act in harmony with him; he will give to the owners notice of the wreck and of the goods in his possession, and will deliver or deal with them subject to the payment of proper fees and expenses, as the lawful claimants may direct.

at sea.

145. The Consul's duties with respect to wrecked goods, Goods lost apply not only to vessels stranded within the bounds of the or damaged Consulate and their cargoes, but also to any portion of such ship or cargo which may be brought into the Consulate in consequence of any wreck or disaster at sea.

146. If any papers, such as charter parties, bills of lading, Papers

M

saved.

Communication to interested parties.

Sale of wrecked articles.

Admission of wrecked goods for consumption.

General average.

ship's articles, etc., are found, the Consul will collect them, and after marking them and keeping a note of them, will restore them to the owners. For this purpose the Consul may send them either to the Board of Trade or otherwise, as he thinks best.

147. The Consul will, at the earliest opportunity, communicate any particulars relating to the wreck or damage of British Ships and their cargoes to the persons interested. This may be done either directly or through the Board of Trade, if the parties reside in this country, or in any other way the Consul may think best.

148. In cases in which wrecked property comes into the possession of the Consul, and neither the Owner nor the Master nor any authorized agent can be found or communicated with, the Consul may, if the case requires it, sell the property, or such part of it as is perishable or not worth the expense of warehousing for the benefit of those interested; but in such cases, neither the Consul nor those employed by him must be interested to any extent, directly or indirectly, in the purchase of the articles. If the lawful claimants cannot be found, and the property is not claimed by the Local Authorities, he will, after the expiration of a reasonable time sell the property, and remit the proceeds to the Board of Trade, to be dealt with as Droits of Admiralty.

149. The Consul will interpose his good offices with the Local Authorities to obtain the reduction or remission of duties on goods, which on account of shipwreck or jettison, it is necessary to sell in the country. In this he will be guided by the treaties, and will bear in mind that the principle adopted in this country, and which Her Majesty's Government would wish to see universally adopted, is that such goods should be admitted for consumption in the country where the wreck takes place, to the same extent and on the same terms as if they had been imported in a ship of that country.

150. When cases of general average occasioned by jettison are brought before the Consul, he will take all the means in his power to ascertain if the jettison was necessary, and the loss thereby occasioned real; and if he has any reason to suppose that any fraud or improper act has been committed by the Captain or crew to the injury of the Owners, or Insurers of the ship or cargo, he will take steps to inform them, and to enable them to procure the requisite evidence.

He will also report the case to the Board of Trade, sending the depositions or other evidence in manner mentioned in paragraph 136.

penses.

151. Fees to be charged by the Consul for services in Fees and exrespect of wreck or damage are those mentioned in para- Form (C. 29) graph 173, and table (C. 29, part 2) in the Appendix: no in Appendix. other charge is to be made except for expenses actually

incurred.

152. The Consul's duties with regard to the Certificate of Certificate of Registry. Registry of a British ship which is lost, are mentioned above (paragraph 13).

a Naval

153. The Consul's duties in respect of summoning a Naval Summoning Court to inquire into the circumstances attending a wreck Court. are mentioned above (paragraph 111).

report to be

Board of

154. In addition to the above, the Consul will in every Upon every wreck, &c., case, when it comes to his knowledge that any British ship has been wrecked, lost, or seriously damaged, and where he made to does not think it necessary to summon a Naval Court, or has Trade. not the power of so doing, report the circumstances to the Board of Trade, stating what, in his opinion, was the cause of the casualty, with any other matters he may think important. He will be especially careful to report any circumstances showing fraud, negligence, or misconduct on the part of the Master or Officers.

Salvage by Her Majesty's Ships.

enactments.

155. In order to prevent needless detention of the ships or General obproperty saved, and at the same time to ensure due satisfac-ject of the tion of the claims of the Salvors, provision is made for releasing the lien of the Salvors upon due security being given, of which the Consul will in certain cases have to judge. The practice will be as follows:

take ship to

Consul.

156. If any of Her Majesty's ships, or any of the crews of Salvors to such ships, render salvage service to a merchant ship at any port where place out of the United Kingdom and the four seas adjoining there is a thereto, then, unless the parties can agree between themselves S. 486. in manner mentioned above (see paragraph 143), the salvor must, instead of retaining possession until the claim is settled, take the ship to some foreign port, where there is a Consul, or to some British port where there is a Vice-Admiralty Judge. In so doing the salvor will, so far as his primary duty to the Queen's service permits, be guided by the convenience of the ship saved.

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