In the case of a British ship, purchased at sea from a French privateer by an American captain, whose own ship had also been taken by the same privateer, and who was allowed to take his own and the British crew on board the purchased ship, and who was considered [† 559] to have fairly intended to restore the British ship to her owners, the owners were directed to protect him against the bills drawn for the purchase, and also to pay him a sum of money equal to about one-seventh of the value, after deducting the purchase-money (r). (1) In the case of a slave-ship rescued from insurgent slaves on the coast of Africa, by another vessel employed in the same trade, one-tenth of the value was allowed (s). (2) In the case of a Danish ship, deserted by its crew on the English coast, and brought into Harwich without any considerable danger, two-fifths were decreed for salvage (t). In the case of another ship, which having struck upon a rock, lost her rudder, had her bottom beaten in, and been deserted by the crew, was weighed off with great peril by one set of persons, and placed in such a situation as to enable the master to bring off some bullion, but which afterwards sunk, and was again weighed up and brought into Harwich by another set of persons, two-thirds were decreed, and the amount distributed rateably among the first and second set of salvors (u). *Where the master of a whaler and a boat's crew of five men had gone, at the imminent peril of their lives, to assist a vessel dismasted, with the water making a breach over her, when they assisted in rigging a jury-mast, and afterwards towed the vessel during six days to Plymouth, the Court awarded 12007. out of a value of 7000l. (v). In another case, where a ship with government stores was preserved by (r) The Henry, Hannay, 1 Edw. 192. (s) The Trelawney, Lake, 4 Rob. Ad. Rep. 223. (1) The Fortuna, Quest, 4 Rob. Ad. Rep. 193. (u) The Jonge Bastiaan, Steyting, 5 Rob. Ad. Rep. 322. (v) The Jane, Hudson, 2 Hagg. Ad. Rep. 338. (1) Salvage has been decreed to persons, who have received a ship and other property by way of donation from an enemy after capture, where the property has been by the exertions of the donees brought home and restored to the original owners. The Sir Peter, 2 Dodson, R. 73; The London, 2 Dodson, R. 74; The Adventure, 8 Cranch, 221. (2) Salvage will also be allowed in cases of lawful rescue of a ship, as rescue from an enemy. Talbot v. Seaman, 1 Cranch, R. 1; Clayton v. The Harmony, 1 Peters, Adm. R. 76; Falliage v. The Hope, Hopk. R. 12; Brevoor v. The Fair American, 1 Peters, Adm. R. 87. See The Mary, 1 Rob. (Adm.) 448. > But it is never allowed, where the act is illegal. The Alerta, 9 Cranch, 359; Houston. The Charming Nancy, Hopkinson's Adm. R. 6; Rowe v. The Brig 1 Mason, R. 372. thirty-two salvors at great risk to all, and with loss of life to three, besides damage to and loss of boats, the owners of the ship estimating her at 1500l., tendered 400l. as salvage for the ship and freight. The stores were valued at 5000l. The Court, adopting the tender, gave 9007. in addition to the stores, making together a salvage of about one-fifth, and apportioned the sum among the surviving salvors and the families of those who perished (w).* In another case, where a captured ship had been deserted by the captors and was recovered and saved with great risk, trouble, and discretion, a moiety was given (x). (1) The Court of Admiralty [† 560] will give as much encouragement as possible to ta steam-boat assisting in the preservation of property in danger, or actual apprehension thereof, on account of the great skill and the great power of vessels of this description (y). But the Court will not suffer a claim of salvage to be ingrafted on the local ignorance of foreigners, who cannot be expected to be well acquainted with our coast, although a recompense must be made for the service actually rendered to them (z). Neither is a passenger entitled to make a claim for the ordinary assistance he may be enabled to afford to a vessel in distress; it being the duty, as well as the interest of (w) Marquis of Huntley, Molisson, 3 Hagg. Ad. Rep. 246. (x) The Elliotta, 2 Dod. Ad. Rep. 75. (y) Raikes, Gardiner, I Hagg. Ad. Rep. 246. (2) The Vrouw Margaretha, Jacobs, 4 Rob. Ad. Rep. 103. (1) The leading cases in England and America, in causes of salvage are, 1. In cases of derelict. The Aquila, 1 Rob. R. 37; The Fortuna, 4 Rob. 193; The Jonge Bastiaan, 5 Rob. R. 322; The Mary Ford, 3 Dall. R. 388; The Elliotta, 2 Dodson, 75; The King v. Property Derelict, 1 Hagg. R. 383; Rowe v. The Brig1 Mason, R. 372; Cross v. Ship Bellona, Bee's Adm. R. 193; Warden v. The Belle Creole, 1 Peters, Adm. R. 34; The Schooner Emulous, 1 Sumner, 207; The Schooner Boston, 1 Sumner, 328; The Ship Nathaniel Hooper, 3 Sumner, 542; The Henry Eubank, 1 Sumner, 400; Sprague v. One hundred and forty barrels of flour, 2 Story, C. C. 195; The Rising Sun, Ware, 378; The Bee, Ware, 332; The Elizabeth & Jane, Ware, 35. > 2. In cases of recapture. The San Bernardo, 1 Rob. 178; The Haas, 1 Rob. R. 286; The Santa Cruz, 1 Rob. R. 49; The Amor Parentum, 1 Rob. 303; Moody v. The Harriot, Bee's Adm. R. 128; Bas v. Tingey, 4 Dall. R. 37; Talbot . The Ship Amelia, 1 Cranch, R. 1; Clayton . The Harmony, 1 Peters, Adm. R. 70; Brevoor v. The Fair American, 1 Peters, Adm. R. 87. 3. In cases of rescue. The Two Friends, 1 Rob. R. 271; The Gov. Raffles, 2 Dodson, R. 14; The Francis & Eliza, 2 Dodson, R. 115; The Beaver, 3 Rob. R. 292; Clayton v. The Harmony, 1 Peters, Adm. 70; Brevoor v. The Fair American, 1 Peters, Adm. R. 87; The Resolution, 6 Rob. 23. 4. In cases of distress. The William Beckford, 3 Rob. R. 355; The Vrow Margaretha, 4 Rob. R. 147; The Sarah, 1 Rob. 312; The Baltimore, 2 Dodson, R. 132; Mason, v. The Blaireau, 2 Cranch, 240; Hand v. The Elvira, 1 Gilpin, 60; The Centurion, Ware, 477. > all persons on board of every description, to contribute their aid on such an occasion (a). A passenger, however, is not bound to remain on board the ship in the hour of danger, but may quit it, if he has an opportunity to do so; much less is he required to take upon himself any responsibility as to the conduct of the ship. And, therefore, in the following case a passenger was permitted to recover a very considerable sum for extraordinary services performed, and responsibility incurred. A ship bound to the West Indies struck upon the shoals of Chichester, in a gale of wind, and in that situation was deserted by the master, who took part of the crew with him. A person who had commanded vessels in the same trade, and was then on board as a passenger, took the command of the ship, by the desire of the passengers, and with the consent of the mate and the remainder of the crew, and carried her back in safety to Ramsgate harbor. The owner approved of his conduct, and in a letter to the underwriters attributed the preservation of the ship to his skill and management, and intimated that he thought 2007. the lowest compensation that could be made to him; this was done under an expectation that the remuneration might form a part of a general average. At the trial of the cause, the Chief Justice, Lord Alvanley, said he was inclined to think the plaintiff was entitled to be paid something for his service, as he appeared to have placed himself in a situation of responsibility, and would have been answerable for neglect or misconduct. The jury gave 4007. An application was made to the Court of Common Pleas in the ensuing term to set aside the verdict, but the Court refused to do so (b). (1) (a) The Branston, Wilson, 2 Hagg. Ad. Rep. 3. (b) Newman v. Walters, 3 Bos. & Pull. 612. (1) There is no doubt, that passengers may by extraordinary services entitle themselves to salvage. The Two Friends, 1 Rob. 271, 284; See Bond v. Brig Cora, 2 Wash. C. C. 80; Caze v. Le Tegre, 3 ib. 567; > Clayton v. The Harmony, 1 Peters, Adm. R. 70. So indeed may pilots. The Joseph, 1 Rob. R. 306; Dulany v. The Peradio, Bee's Adm. R. 212; < Hand v. The Elvira, 1 Gilpin, 60; Hobart v. Drogan, 10 Peters, 108. See Mesner v. Suffolk Bank, U. States Dist. Ct. Mass. 1838, cited in note to 3 Kent, (5th ed.) 247. > And even persons belonging to the ship's crew, though ordinarily not entitled to salvage, may become so by services beyond the line of their duty, or when absolved from duty, as in cases of rescue after capture. 1 Peters, Adm. R. 306; 3 Sumner, 270. So where the ship is abandoned at sea, and one seaman remains on board, and aids in saving her, he is entitled to salvage. Mason v. The Blaireau, 2 Cranch, 240; Hobart v. Drogan, 10 Peters, 108; 3 Kent, (5th ed.) 248. See also Taylor v. The Cato, 1 Peters, Adm. R. 48; Clayton v. The Harmony, 1 Peters, Adm. R. 79 ; Giles v. The Cynthia, 1 Peters, Adm. 204; Post, note to pages 616, 617. But the ship's crew are not entitled to salvage for services performed in the course *Where two vessels sailed as consorts under an [† 561] agreement, usual fin the Greenland fishing service and in other voyages, to render mutual assistance, the Court refused to entertain a claim of salvage for services rendered by one to the other (c).. But where an alleged custom for vessels engaged in the fisheries, to render assistance to each other gratuitously, was set up as an answer to a claim for salvage service, the vessels not having been engaged in a joint adventure, the Court declining to decide on the legality of such a custom, pronounced for the claim (d). Where the master of a vessel in distress had contracted with the master of another vessel for assistance for a sum * certain, a claim for salvage by the latter was rejected (e). (c) The Zephyr, Arrowsmith, 2 Hagg. Ad. Rep. 43; The Margaret, Kay, 2 Hagg. Ad. Rep. 48; The Waterloo, 2 Dods. 423; The Trelawney, 4 Rob. Ad. Rep. 223. (d) The Swan, 1 W. Rob. p. 68. 262. of their duty, as in rescuing the ship from mutineers. The Gov. Raffles, 2 Dodson, R. 14; The Francis and Eliza, 2 Dodson, R. 115; The Neptune, 1 Hagg. R. 227. The right to salvage may be forfeited by gross misconduct, as by embezzlement. Mason v. The Blaireau, 2 Cranch, 240. < Embezzlement in port is a forfeiture no less than at sea. The Boston, 1 Sumner, 328. But embezzlement by one of the salvors does not affect his co-salvors, nor does embezzlement participated in by the master and crew of the salvor ship, affect the innocent owners of her. The Rising Sun, Ware, 378. The claim of salvors was disallowed, where they had been guilty of misconduct in abandoning the vessel before the salvage service was completed. The India, 1 Rob. (Adm.) 406. Where the master of a vessel in the course of a voyage engages in a salvage service, he cannot oppose, to the claim of any of his crew for a share of the salvage, their misconduct during the voyage, if they are guilty of no misconduct during the time they are engaged in the salvage service. The Centurion, Ware, 477. Nor can the owner of the vessel in an action by one of the crew for his share of the salvage, take advantage of embezzlement by the plaintiff, when such owner has received the salvage money from the owner of the cargo, without any deduction for such embezzlement. Blake v. Patten, 15 Maine, 173. > The mode of distribution and the apportionment among the owners, officers, and crew of the saving ship, is in the discretion of the Court, and depends upon the circumstances of each case. Mason v. The Blaireau, 2 Mason, R. 240; Clayton v. The Harmony, 1 Peters, Adm. 70; Bell v. The Sloop Ann, 2 Peters, Adm. 279; The Aquila, 1 Rob. R. 37; The Baltimore, 2 Dodson, R. 132; The Henry Eubank, 1 Sumner, 400. > Those of the crew, who remain on board the saving ship, are equally entitled to reward as salvors with those who go on board the saved ship, if equally ready to go. The Baltimore, 2 Dods. R. 132; Bell v. The Ann, 2 Peters, Adm. 281; The Centurion, Ware, 477. > If an apprentice be a salvor, he, and not his master, is entitled to his share of the salvage. Mason v. The Blaireau, 2 Cranch, 240; Bell v. The Ann, 2 Peters, Adm. 282. So slaves, who are salvors. Small v. The Messenger, 2 Peters, Adm. 284, 287. < Mere ordinary labor, when united with nautical skill, as applied to salvage service, is to be estimated at a higher rate than that of mere strength of arm and limb, or mere ordinary labor alone. Duke of Clarence, 1 Rob. (Adm.) 346. > * Such an agreement will be held binding by the Court of Admiralty, except, perhaps, in cases of inevitable accident, or occurrences of a nature so improbable that neither party can be supposed to have foreseen or contemplated them at the time of entering into the agreement (f). But if a salvage service become necessary in the course of the performance of an agreement for towage, the agreement will be no ground for refusing (g) to the towers a salvage reward- mere towage service being confined to vessels which have received no damage (h). And loose conversations at the commencement of the service, and before its extent could be known, will not be considered conclusive of the merits of the case, or the amount of reward (i). (1) If it should appear that an agreement has been made for the salvage of the ship irrespective of the cargo on board at * the time, all salvage remuneration will be refused (k). If a hired transport, under the care of a master appointed by the owner, be brought into difficulty in the execution of a service in which men-of-war and transports are associated, a man-of-war is bound, if it be in his power, to extricate the transport, and can have no claim in the nature of salvage for the performance of his duty (1). So also, if part of the crew mutiny, and obtain a ftemporary possession [† 562] of the ship, and another part afterwards attack and overpower the mutineers, and recover the ship, the latter cannot maintain a suit for salvage, because their conduct, though meritorious, is only the performance of a duty incumbent on them (m). 3. But although by the law of England, there is an obligation upon king's ships to assist the merchant vessels of this country, still a king's ship may be entitled to an adequate reward for services performed by her (n). *In the case of the Lustre (o), Finlay, value 11007., to the assistance of which, on the application of her owners, his Majesty's steamer Dee had been dispatched, by order of the (ƒ) The Betsey, 7 Jurist, 755; The True Blue, 7 Jurist, 755. (g) The William, Brandt, cited in the Betsey, 7 Jurist, 755. (h) The Reward, 1 W. Rob. Rep. 174. (i) The Salacia, 2 Hagg. Ad. Rep. 262. (k) The Westminster, 1 W. Rob. p. 229. (1) The Belle, Betts, 1 Edw. Ad. Rep. 66. See also the Francis and Eliza, 2 Dods. Ad. Rep. 115. (m) Governor Raffles, King, 2 Dods. Ad. Rep. 14. (n) Mary Ann, Ferrier, 1 Hagg. Ad. Rep. 158; The Clifton, Lightbody, 3 Hagg. Ad. Rep. 117. (0) 3 Hagg. Ad. Rep. 154. (1) See the Emulous, 1 Sumner, 210-212; Bearse v. 340 Pigs of Copper, 1 Story, C. C. 314. > |