§ MAJOR ANSTRUTHER-GRAY (St. Andrews Burghs)To ask the President of the Board of Trade whether his attention has been called to the case of Alexander Smith, a fisherman, of Cellar-dyke, whose nets were taken, on or about 2nd February last, to the Elie Coastguard Station under the misapprehension that they had been abandoned or lost at sea; whether, when this fact was explained, the nets were not delivered to their owner, but a claim made of £4 for salvage; whether these nets were left out all night in frost and snow and suffered damage thereby; how many days and nights they were so exposed; whether these nets are now to be sold by auction; and whether, seeing that the owner, a hard-working man, has been deprived of the use of them ever since the beginning of February and has thus suffered financial loss, which, he can ill afford, ho will cause the nets to be handed over, without payment, to their owner and grant him some compensation for the loss he has sustained.
§ (Answered by Mr. Lloyd-George.) I am aware of the circumstances in this case. I am advised that the nets in question, having been found adrift, were properly brought as wreck by the finder to the chief officer of Coastguard at Elie as representing the receiver, and that Section 546 of the Merchant Shipping Act, 1894, accordingly operated to give the salvor a claim for reasonable salvage. It became the duty of the receiver under Section 552 of that Act to detain the nets pending a settlement of the claims or until security, which in this case was fixed at £4, had been given. I understand that the chief officer of Coastguard did everything in his power to protect the nets, but that while they were spread out to dry and in his absence on duty a snowstorm unfortunately came on and covered them. They were then dried and stored as soon as possible, and I am informed that they do not appear to be any worse for their exposure. The receiver was instructed by the Board to endeavour to effect an agreement between the salvor and the owner of the nets, but though the claim of the former was substantially reduced the owner still objected to pay, and his solicitors stated that the receiver could keep the nets. In these 1327 circumstances instructions have been given for the sale of the nets by auction, and the proceeds, if any remain after the settlement of salvage and expenses, will be handed to the owner, but I cannot hold out any hope that he will be paid anything beyond such balance.