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Section 239

of Merchant Shipping Ordinance 1960

State OrdinanceIn forceProvision 239 of 280

Section 239

(1)

Where the aggregate amount of salvage payable in respect of salvage services rendered within North Borneo has been finally determined, either summarily in the manner provided by this Ordinance or by agreement, and does not exceed two thousand dollars, but a dispute arises as to the apportionment thereof among several claimants, the person liable to pay the amount may apply to the Receiver of Wreck for liberty to pay the same to him; and the Receiver of Wreck shall, if he thinks fit, receive the same accordingly, and shall grant to the person paying the amount a certificate of the amount paid and of the services in respect of which it is paid; and that certificate shall be a full discharge and indemnity to the person by whom the money is paid and to his vessel, cargo, apparel and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate.

(2)

The Receiver of Wreck shall, with all convenient speed, distribute any amount received by him under this section among the persons entitled to the same on such evidence, and in such shares and proportions, as he thinks fit, and may retain any money which appears to him to be payable to any person who is absent.

(3)

A distribution made by the Receiver of Wreck in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed.

Apportionment of salvage by Court.