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ACT NO. 2616
ACT NO. 2616 - THE SALVAGE LAW
Section 1. When in case of shipwreck, the vessel or its cargo
shall be beyond the control of the crew, or shall have been abandoned
by them, and picked up and conveyed to a safe place by other persons,
the latter shall be entitled to a reward for the salvage.
Those who, not being included in the above paragraph, assist in saving
a vessel or its cargo from shipwreck, shall be entitled to a like
reward.
Sec. 2. If the captain of the vessel, or the
person acting in his stead, is present, no one shall take from the sea,
or from the shores or coast merchandise or effects proceeding from a
shipwreck or proceed to the salvage of the vessel, without the consent
of such captain or person acting in his stead.
Sec. 3. He who shall save or pick up a vessel or
merchandise at sea, in the absence of the captain of the vessel, owner,
or a representative of either of them, they being unknown, shall convey
and deliver such vessel or merchandise, as soon as possible, to the
Collector of Customs, if the port has a collector, and otherwise to the
provincial treasurer or municipal mayor.
Sec. 4. After the salvage is accomplished, the
owner or his representative shall have a right to the delivery of the
vessel or things saved, provided that he pays, or gives a bond to
secure, the expenses and the proper reward.
The amount and sufficiency of the bond, in the absence of agreement,
shall be determined by the Collector of Customs or by the Judge of the
Court of First Instance of the province in which the things saved may
be found.
Sec. 5. The Collector of Customs, provincial
treasurer, or municipal mayor, to whom a salvage is reported, shall
order:
a. That the things saved be safeguard and
inventoried.
b. The sale at public auction of the things saved
which may be in danger of immediate loss or of those whose conservation
is evidently prejudicial to the interests of the owner, when no
objection is made to such sale.
c. The advertisement within the thirty days
subsequent to the salvage, in one of the local newspapers or in the
nearest newspaper published, of all the details of the disaster, with a
statement of the mark and number of the effects requesting all
interested persons to make their claims.
Sec. 6. If, while the vessel or things saved are
at the disposition of the authorities, the owner or his representative
shall claim them, such authorities shall order their delivery to such
owner or his representative, provided that there is no controversy over
their value, and a bond is given by the owner or his representative to
secure the payment of the expenses and the proper reward. Otherwise,
the delivery shall nor be made until the matter is decided by the Court
of First Instance of the province.
Sec. 7. No claim being presented in the three
months subsequent to the publication of the advertisement prescribed in
sub-section (c) of Section five, the things save shall be sold at
public auction, and their proceeds, after deducting the expenses and
the proper reward shall be deposited in the insular treasury. If three
years shall pass without anyone claiming it, one-half of the deposit
shall be adjudged to him who saved the things, and the other half to
the insular government.
Sec. 8. The following shall have no right to a
reward for salvage or assistance:
a. The crew of the vessel shipwrecked or which was is
danger of shipwreck;
b. He who shall have commenced the salvage in spite
of opposition of the captain or his representative; and
c. He who shall have failed to comply with the
provisions of Section three.
Sec. 9. If, during the danger, an agreement is
entered into concerning the amount of the reward for salvage or
assistance, its validity may be impugned because it is excessive, and
it may be required to be reduced to an amount proportionate to the
circumstances.
Sec. 10. In a case coming under the last preceding
section, as well as in the absence of an agreement, the reward for
salvage or assistance shall be fixed by the Court of First Instance of
the province where the things salvaged are found, taking into account
principally the expenditures made to recover or save the vessel or the
cargo or both, the zeal demonstrated, the time employed, the services
rendered, the excessive express occasioned the number of persons who
aided, the danger to which they and their vessels were exposed as well
as that which menaced the things recovered or salvaged, and the value
of such things after deducting the expenses.
Sec. 11. From the proceeds of the sale of the
things saved shall be deducted, first, the expenses of their custody,
conservation, advertisement, and auction, as well as whatever taxes or
duties they should pay for their entrance; then there shall be deducted
the expenses of salvage; and from the net amount remaining shall be
taken the reward for the salvage or assistance which shall not exceed
fifty per cent of such amount remaining.
Sec. 12. If in the salvage or in the rendering of
assistance different persons shall have intervened the reward shall be
divided between them in proportion to the services which each one may
have rendered, and, in case of doubt, in equal parts.
Those who, in order to save persons, shall have been exposed to the
same dangers shall also have a right to participation in the reward.
Sec. 13. If a vessel or its cargo shall have been
assisted or saved, entirely or partially, by another vessel, the reward
for salvage or for assistance shall be divided between the owner, the
captain, and the remainder of the crew of the latter vessel, so as to
give the owner a half, the captain a fourth, and all the remainder of
the crew the other fourth of the reward, in proportion to their
respective salaries, in the absence of an agreement to the contrary.
The express of salvage, as well as the reward for salvage or
assistance, shall be a charge on the things salvaged on their value.
Sec. 14. This Act shall take effect on its
passage.
Enacted: February 4, 1916
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