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Property Salvage Services Rendered By Life-Boat Crews

Committee, forthwith approached the Board of Trade with a view to the holding of the proposed Conference. In due course the Board of Trade called together the Conference at which the Committee of Management of the Institution, the Com- mittee of Lloyd's and the Board of Trade were represented. Sir FRANCIS JEUNE, the President of the Admiralty Division of the High Court of Justice, attended each meeting of the Conference, at the request of the Board of Trade, to advise and assist with his most valuable experi- ence with respect to property salvage claims. At the meetings of the Con- ference the whole question was most thoroughly and fully considered and threshed out, and the result of their deliberations was communicated to the ROYAL NATIONAL LIFE-BOAT INSTITUTION by the Secretary of the Board of Trade in the following important letter: OUR readers will remember that one of the principal charges made against the management of the ROYAL NATIONAL LIFE-BOAT INSTITUTION—all of which charges were last year so exhaustively inquired into by the Select Committee of the House of Commons and pronounced by them in their Report to be "un- founded," "preposterous," "groundless" and "untrue"—was that the Life-boat crews were permitted not only to use the Life-boats for Property Salvage Services, but that they were allowed to make their own terms with the masters and owners of the vessels salved, with the result that in some cases their action practically re- solved itself into piracy. During the Parliamentary Inquiry those who ad- vanced such base charges against the gallant Life-boat crews, being unable to prove or verify either their assertions or the cases they advanced in support of them, wisely availed themselves of the permission magnanimously accorded them to withdraw them; but, notwithstanding this permission, the Parliamentary Com- mittee, when treating the matter, re- ported: "Your Committee are emphati- cally of opinion that the attacks made upon the Institution in respect of property salvage have been unfounded as they certainly have been mischievous." In a subsequent paragraph they recommended "that the Institution should only allow their crews to use the Institution boats on condition of the crews agreeing to such terms as to remuneration, and arbi- tration in case of dispute, as the Institu- tion may prescribe;" and they added, "these terms your Committee think the Institution should settle in consultation with the Committee of Lloyd's and the Board of Trade." This recommendation of the Select Committee was the only recommendation of importance, and the Committee of Management of the Institu- tion, having at once adopted the two other, and only other, minor recom- mendations of the Parliamentary Com- BOARD OF TRADE, S.W.

4th March, 1898.

SIR,—I am directed by the Board of Trade to advert to the Conferences held at the offices of the Board of Trade on the 15th December, 1897, and the 24th February, 1898, respecting the recommendation of the Select Committee of the House of Commons of last Session that the Royal National Life-boat Institution should only allow their crews to use the Institution boats on condition of the crews agreeing to such terms as to remuneration and arbitration in case of dispute as the Institution might prescribe, such terms to be settled by the Institution in consultation with the com- mittee of Lloyd's and the Board of Trade.

The conferences were summoned in conse- quence of the concluding words of ,the above recommendation, and were attended by Sir Edward Birkbeck and Admiral Care on behalf of the Life-boat institution, and Mr. Byas and Colonel Hozier on behalf of the Committee of Lloyd's.

Sir Francis Jeune, the President of the Admiralty Division of the High Court of Justice, was good enough to accept an invita- tion to him to be present and to give the Conference the assistance of his valuable experience with respect to salvage claims.

It was urged by the representatives of Lloyd's that needless expenses caused by disputed cases being taken into Court, added to which underwriters have sometimes diffi- culty in obtaining their costs in the case of unfounded claims. It was contended that pro- ceedings under Lloyd's salvage form were much more economical and expeditious, the matter often being settled by an arbitrator without legal assistance, and without sworn evidence.

On the other hand, it was pointed out by the representatives of the Life-boat Institution, that they had no power under their Charter to make themselves in any way responsible for the salvage of property, and that they had no power to compel the crews to adopt Lloyd's system.

They might indeed make it a condition of their consent to allow the user of their boats that Lloyd's system should be adopted, but such a condition would be in their opinion difficult to enforce, and opposed to the wishes of the majority of their crews.

As a result of the first conference, the repre- sentatives of Lloyd's were good enough to undertake to furnish evidence in support of their contention that arbitration had proved to be cheaper than the procedure laid down by Sections 547 to 556 of [.the Merchant Ship- ping Act, 1894.

On the other hand, the representatives of the Royal National Life-boat Institution were good enough to undertake to consult their crews with reference to the suggestion that arbitration should be substituted for the pro- cedure above mentioned.

The Board of Trade received from Lloyd's a schedule with regard to arbitration, and from the Royal National Life-boat Institution a digest of the replies of their crews, copies of each of which documents are, for convenience, j appended hereto. j The Board, having carefully considered the | whole position, are of opinion— (1) That the Legislature has deliberately and carefully laid down the procedure in disputed cases of salvage, which is both com- prehensive and elastic; and that grave cause should be shown before an attempt is made to oust the discretion given by Parliament to the parties concerned.

(2) That even if the Royal Life-boat In- stitution considered it desirable to do so, they would find it impossible to force upon their crews the adoption of the system desired by Lloyd's.

(b) That, more than this, even supposing the crews could be induced as a rule to propose arbitration, there would be no means of compelling owners or masters of vessels, and owners of cargoes concerned, to adopt it.

(4) That there is no evidence to show that arbitration, if conducted in a method which the Board of Trade could support, would be cheaper than the procedure provided by the Act. While the services of County Court Judges and the expenses of the Courts in which they sit are not directly charged upon the parties, in arbitration the fees for the arbitrator and the hire of the places in which he sits would be so charged, while other expenses would be equal.

(5) That the number of instances in which disputes as to salvage coming before the courts between owners and members of Life- boat crews is very small. In nearly all the cases others besides the Life-boat crews are concerned in the salvage.

Consequently, any rule or regulation as regards the method of determining salvage questions applicable to Life-boat crews only would have no general effect.

In these circumstances, the Board of Trade, with every desire to give effect to the views of the Select Committee, have come to the con- clusion that it would not be proper for them to make any suggestion to the Royal National Life-boat Institution.

I am, etc., (Signed) COURTENAY BOYLE, Secretary.

THE SECRETARY, ROYAL NATIONAL LIFE-BOAT INSTITUTION.

The final paragraph of this letter con- tains the verdict of the Conference, and indicates clearly and definitely that the regulations which have from the be- ginning been prescribed by the Committee of Management of the Institution with reference to property salvage services rendered by their Life-boat crews are not only fully justified, but are, indeed, having regard to the law of the land, the only just and proper regulations which, in the circumstances, could have been framed. The finding of this im- portant Conference on this subject is most gratifying, and has given the greatest satisfaction not only to the Committee of Management, but to the friends of the Institution generally. As has been already pointed out, the question of the Institution's regulations as regards Property Salvage Services was the only matter on which the Parliamentary Com- mittee seemed to have any doubt, and even in this it has now been conclusively shown that the Institution has acted discreetly and wisely.