Salvor and master to furnish Con sul with statement. S. 486. 157. Within twenty-four hours after the ship's arrival the salvor and the master of the saved ship must each deliver to the Consul a statement verified on oath. The salvor's statement must contain the following particulars : (a). The place, condition, and circumstances in which the saved ship, cargo, or property, was at the time when the services were rendered for which salvage is claimed: (b). The nature and duration of the services rendered: (c). The proportion of the value of the said ship, cargo, and property, and of the freight which he claims for salvage, or the values at which he estimates the said ship, freight, cargo, and property respectively, and the several amounts that he claims for salvage in respect of the same: (d). Any other circumstances he thinks relevant to the claim. The master's statement must contain the following particulars, viz. : (a). The place, condition, and circumstances in which the said ship, cargo, or property was at the time when the services were rendered for which salvage is claimed : (b). The nature and duration of the services rendered: (c). A copy of the certificate of registry of the said ship, and of the indorsements thereon, stating any change which (to the master's knowledge or belief) has occurred in the particulars contained in such certificate; and stating also, to the best of his knowledge and belief, the state of the title to the ship 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: (d). The name and place of business or residence of the freighter, if any, of the ship, and the freight to be paid for the voyage she is then on: (e). A general account of the quantity and nature of the cargo at the time the salvage services were rendered: (f). The name and place of business or residence of the owner of such cargo, and the consignee thereof: (g). The values at which the master estimates the ship, cargo, and property, and the freight respectively, or, if he thinks fit, in lieu of such estimated value of the cargo, a copy of the ship's manifest: (h). The amounts which the master thinks should be paid as salvage for the services rendered: (i). An accurate list of the property saved, in cases where the ship is not saved: (k). An account of the proceeds of the sale of the ship, cargo, or property, in cases where the same or any of them are sold at the port: (1). The number, capacities, and condition of the crew of the ship at the time the services were rendered: (m). Any other circumstances he thinks relevant to the matters in question: (n). A statement of his willingness to execute a bond in the form in the table marked W. in the schedule of the Act, in such amount as the Consul may fix. If the parties are unable to give all the above particulars, the reason for omitting any of them should be stated. amount of 158. Upon receiving these statements the Consul will care- Consul to fix fully consider them, and proceed to fix what he considers an bond. adequate sum to compensate the salvors for the services ren- S. 487. dered, and to cover any additional claim for costs. In doing this he will remember that the claim will have to be decided by the Court, and that in the case of a British ship the only security required is a bond by the master. In that case, therefore, he will fix a sum which will cover the claim actually made by the salvor, with an additional sum of 150l. for costs. In the case of a foreign ship, where sureties are required, it is important that the amount secured is not excessive, and the Consul will therefore, in that case, have to exercise greater discretion. If he requires additional information, he may examine the parties or witnesses upon oath or affirmation. In such case the evidence is to be taken in writing, and to be attached to or accompany the statements. If either party fails to make his statement, the Consul may proceed ex parte, but he should not, except in a pressing case, do so without giving notice; and if the ship or property saved is to be sold, he should 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. In fixing the amount for which security is to be given, in the case of a foreign ship, he will approximate as nearly as he can to what he considers sufficient compensation for the services rendered; and he will be guided, so far as he has the means and knowledge, by the rules which ordinarily guide Admiralty Courts in such cases, S. 484. Consul to Additional security if and he will add 150l. or thereabouts, to cover costs. He will also remember, on the one hand, 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, he will bear in mind that no claim can ever be made in respect of any loss or risk to the Queen's ship or her stores, and that it must in no case exceed one half of what he considers to be the true value of the property saved. 159. When the Consul has determined the amount, he will give notice to the parties, and will cause a bond to be prepared in the form marked W. in the schedule to the Act, and will 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 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 of Admiralty in England will be the Court to adjudicate upon it. This bond must be executed by the master in the presence of the Consul, and must be attested by him. The Consul 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. 160. If, however, the ship or property saved is owned by shipis owned persons who reside in any foreign country, such additional by foreign security must be given as the Consul may approve. ers. For S. 489. this purpose it will be his duty to see that the persons giving Form (C. 29) in Appendix, the security are solvent persons, and that the security is one Consul to transmit statements, which is capable of being enforced in a British court of justice. This security may be in the form (C. 28) in the Appendix, or to a like effect. This bond, when executed and attested, must be given to the Consul, or, if the Salvor so desires, must be placed in the joint possession of the Consul, and any other person whom the Salvor appoints for the purpose, to be afterwards dealt with as the Court which shall adjudicate upon it may direct. 161. The Consul will, by the first post, transmit the original statements and documents relating to the matter, toge&c., to Court ther with a copy of the bond, certified by him to be a true of Admi ralty. S. 490. copy, to the Registrar of the High Court of Admiralty in England; or if it is to be adjudicated upon in any ViceAdmiralty Court, to the Judge of such Court. CORRESPONDEnce. dence with 162. In all cases where the Consul is by these instructions Corresponrequired to transmit documents or reports to the Board of Board of Trade, he will observe the same rules which are laid down for Trade. his guidance as to correspondence with the Department of Her Majesty's Secretary of State for Foreign Affairs in the memorandum forming Enclosure No. 25 of the general instructions, with the following exceptions: Communications from the Board of Trade on ordinary matters of account and other matters of routine, if requiring no answer, need not be specially acknowledged. Communications to the Board of Trade on matters to which the foregoing instructions relate, and also communications containing intelligence concerning the British Mercantile Marine which are intended for communication to Lloyd's Committee or other interested parties, are to be addressed to the Secretary of the Board of Trade, Marine Department. They are, however, to be sent under flying seal to the Secretary of State for Foreign Affairs, to whom the Consul will, in his covering despatch, report succinctly the nature and subject of the communication. The correspondence with the Board of Trade is to be treated as forming a distinct series, and is to be numbered with a distinct set of numbers accordingly. ACCOUNTS. how to be 163. The Consul's accounts under the foregoing instruc- Accounts, tions are to be kept in the currency of the place, and at the kept. end of each quarter all the payments made are to be brought into a general account current, in the form in the Appendix marked (C. 26), and converted into sterling, as shewn on the Form (C. 26) and (C. 29) in form; a commission of 23 per cent. on the amount of dis- Appendix. bursements is to be added as a remuneration for the Consul's trouble, but no other commission. See paragraph 173, and Appendix (C. 29, part 1). mitted quar 164. The Consul is to make up and transmit his accounts To be transto the Board of Trade quarterly, to the end of March, June, terly. September, and December respectively. The first account which the Consul will have to render to the Board of Trade will be for the quarter ending 30th June, 1855. It is most important that the quarterly account should be transmitted immediately after the termination of the quarter. Forms to be adhered to. Vouchers to be translated, and to be numbered. Steps when Vouchers cannot be procured. Vice-Consul's dis To facilitate this, the Vice-Consul's accounts, which are required to be incorporated in the account to be transmitted by the Consul, may be made up to the 15th of the month in which the quarter ends (or if necessary, even earlier), so that the Consul's account may not be delayed. 165. A strict adherence to the forms of the accounts referred to in these instructions is required; and no departure can be allowed, except in case of necessity, and then the circumstances are to be fully stated. To insure this, printed forms will be supplied where the expense of carriage will permit, and in these cases the Consul will apply to the Board of Trade in time when his stock wants renewing. In other cases the Consul will either have the forms printed on the spot, or use written forms, as he finds most economical. 166. If any vouchers should be unavoidably taken in a foreign language, translations thereof are to be sent with the original documents. 167. The vouchers are to be numbered progressively, and corresponding numbers are to be given in the respective charges in the account. 168. If it should be impracticable, under particular circumstances, to obtain the vouchers required by the foregoing instructions, a declaration is to be made to that effect; and after specifying as fully as possible the nature of the payments, it is to be stated in the declaration that they were bona fide made for the public service, without any profit or advantage to the Consul, except the commission herein before mentioned. 169. When disbursements are made by Vice-Consuls, they bursements, are to be charged in the Consul's accounts in the same manner as if made by himself; but the receipt of the ViceConsul for such disbursements, in addition to the vouchers for the payment, must accompany the account. Postage. Form (C. 24) 170. The Consul may charge in his account the actual in Appendix, expense for postage of letters on account of business specially connected with this department, upon the form marked (C. 24) in the Appendix. Bill to be drawn for balance due to Consul. 171. The Consul is to draw a bill upon the accountant to the Board of Trade on the last day of the quarter, or as soon after as he can close his account, for the balance in sterling Form (C. 28) at three days' sight, see Form (C. 27) in Appendix, transin Appendix mitting to that office a letter of advice; and it is most important that the account and vouchers should, if possible, |
