(Salvage.) 20. Derelict being sine spe recuperandi, is distinguished from salvage in the amount awarded. The Marie Victoria, 2 Stuart, 109. 21. Rules as to salvage prevailing in the High Court of Admiralty obtain also in the Courts of Vice-Admiralty. ibid. 22. Where the master of a steamer exacted an exorbitant contract for salvage service from the master of a sailing vessel which, with the mate alone on board, was in imminent danger of shipwreck, the same was set aside and a quantum meruit allowed. The America, 2 Stuart, 214. 23. The ship Scotswood, meeting with tempestuous weather, became waterlogged and completely disabled, the provisions, compasses and charts being washed away. In this condition she was found by the F.W. Brown, a fishing schooner, which, in response to signals of distress, came alongside and took off the captain and crew of the ship, putting nine of her own men on board in their place. The captain and crew of the ship never attempted to rejoin her again, but remained on board the schooner until port was reached. The heavy weather still continuing, the schooner was unable to manage the ship, and the following day, on another schooner, the Laura, coming near, they hailed one another, and, after consultation, it was decided that each schooner should send seven men on board the ship, and that then both should take her in tow. After great exertion on the part of both crews, the ship was on the next day brought into port. The evidence was not conclusive as to the intention of the master of the Scotswood to finally abandon her, but the salvage services rendered being highly meritorious, this was not considered a point of much importance. Held, That two-fifths of the appraised value of ship and cargo should be awarded as salvage, to be divided equally between the two schooners, the owners of the schooners to receive one-half the amount falling to each. The cases reviewed as to the rate of salvage in causes of derelict and the vitiating of insurance by deviation to save property. The Scotswood, Young, 25. 24. This vessel, having been abandoned at sea while on a voyage from Quebec to London, was found in a water-logged condition by the A. W. Singleton off the coast of Newfoundland. The mate and four seamen of the latter vessel took charge of the derelict and brought her into the port of Sydney. It was a very meritorious case, the salvors having run considerable risk and endured great (Salvage.) hardship. The value of the derelict was appraised at $30,000. Held, That the sum of $8,000 should be awarded as salvage, of which the mate received $1,000, and the four other salvors $500 each, $3,200 being allowed to the owners of the ship. The Canterbury, Young, 57. 25. A vessel, while passing down the Gulf of St. Lawrence, struck on a reef, lost her rudder, and became utterly unmanageable. In this condition she was found by the salvors, who, responding to signals of distress, took the crew off and landed them in Sydney, Cape Breton, then returned to the Regina, and, after considerable exertion, brought her into the same port. The net proceeds of ship, stores and cargo were $7,105. Held, That the salving schooner should receive $500, and the ten seamen on board her $200 each. Directions given as to proper method of executing appraisement of ship and cargo. The Regina, Young, 107. 26. A schooner found by fishermen floating on her beam ends and entirely deserted was, after considerable exertion, requiring the united efforts of thirty-two men, successfully brought into harbor. The sale of ship and cargo realized $954.60. Held, That the salvors should be paid out of that sum $153 for their labor, and $9 apiece as salvage, making $441 in all. The S. V. Coonan, Young, 109. 27. An abandoned vessel was discovered by the keeper of a lighthouse, who hailed a steam-tug and directed her to the vessel. The steam-tug then brought her into port. The value of vessel and cargo was agreed upon at $2,250. Held, That the steam-tug should receive $450, and the lighthouse-keeper $25. The Afton, Young, 136. 28. A fishing schooner, while returning from the grounds with a full cargo, fell in with a derelict, and taking her in tow, brought her into port, remaining in possession until relieved by an officer of the Court. A delay of twelve days was thus occasioned on her home voyage. Held, That one-third the value of derelict and cargo should be awarded as salvage. The Tickler, Young, 166. 29. The ship was found derelict by the mail steamship Abyssinia, and the third officer, with fifteen of the steamer's crew, after two days' extreme exertion and considerable personal risk, succeeded in bringing her safely into the port of Halifax. Appraised value of ship and cargo, $101,936; $30,000 awarded as salvage. The R. Robinson, Young, 168. (Salvage.) 30. The steamer Naples, with a valuable cargo, bound from Philadelphia to Liverpool, fell in with the Ida Barton, derelict, about 320 miles from Halifax, and towed her to that port in fortyeight hours, breaking and spoiling several hawsers in so doing. There was no special merit in the services rendered. Held, That the salvors should receive one-half the appraised value of ship and cargo, all costs and charges to be deducted from the other half, and that the owners of the steamer should take one-half of the salvage awarded. The rule as to salvage on derelict stated and cases reviewed. The Ida Barton, Young, 240. 31. The steamer Zealand, bound from Antwerp to Philadelphia, fell in with the Royal Arch, abandoned, and in twenty hours, with but little difficulty, towed her into Halifax. The Zealand was valued at $275,000 for vessel and cargo, and the Royal Arch at $8,300. Held, That $2,800 should be awarded. The Royal Arch, Young, 260. 32. The maximum charge for salvage award is a moiety of the res saved, and Wrecking Companies are governed by the law of salvage the same as ordinary vessels. The International Wrecking, etc., Co. v. Lobb, 11 O. R. 408; s. c. 22 Can. L. J. 106. 33. The W. G. Putnam, bound from Quebec to Marseilles, was abandoned off the coast of Cape Breton, being completely waterlogged. Her crew reached land the same day, and the day following a small steamer, manned by the salvors, went out in search of the derelict. They found her about forty miles from North Sydney, and, with little difficulty, towed her into that port. The value of ship, cargo and freight was estimated by agreement at $20,000, and the value of the salving steamer was alleged to be $4,000. Held, That the salvors should receive $2,500. The receiver of wrecks at Sydney put in a claim for the possession of the ship as against the salvors. Held, That there was no ground for the claim. Definition of salvage given. The W. G. Putnam, Young, 271. 34. One-half the net proceeds of sale awarded to salvors where no appearance or claim was entered on behalf of owners. Architect, Young, 110. The 35. Where no owner appeared to claim goods found derelict, and their value was not great. Held, That the salvors should have the full amount they realized after payment of the necessary costs. Two Bales of Cotton, Young, 135. (Salvage.) 36. The salvors of a derelict ship should, in the first instance, give notice to the proctor for the Admiralty, who will forthwith extract a warrant. After the issue of the derelict warrant, the salvors should move for leave to intervene. If the case be one of only trivial importance, the Court will then direct the filing of affidavits in proof of claims, etc. In cases of greater moment, it will sanction an act on petition with the usual pleadings, and proof under the rules of 1859; and when there are claims represented by several proctors, or subsequent to each other, a consolidation will be ordered, as in other cases of salvage. If a private warrant be extracted in the interim between giving notice to the Admiralty proctor and his taking proceedings, it will be disallowed on taxation. The Sarah, Young, 102. The procedure is now governed by the Rules of 1893, ante, p. 413. 37. A vessel, while on a coasting voyage, put into harbor for the night on account of heavy weather. During the night the wind increased and the vessel dragged her anchors until she struck on the rocks and was placed in circumstances of considerable danger. At this point the claimants tendered their services, and after two hours' labor succeeded in rescuing her from her perilous position and securing her in a place of safety. The evidence was exceedingly contradictory as to how the claimants came on board and the merit of their services, the defendants disputing their claim to the character of salvors. Nevertheless, the defendants paid the sum of $100 in Court, and the weight of evidence seemed to be with the claimants. Held, That the sum of $200 should be equally divided among the five claimants. The Silver Bell, Young, 43. 38. The brigantine Marino, on a voyage from Boston to Sydney, encountered a heavy gale, which carried away her rigging and rendered her almost unmanageable, in which condition she drifted along the coast of Nova Scotia for several days, until fallen in with by the steamship Commerce, which took her in tow, and after eight or nine hours brought her into Halifax harbor. There was some evidence of an offer of $500 having been made for the services rendered, but no actual tender in due form was proved. The value of the Marino was appraised at $6,000. Held, That the sum of $800 should be paid for salvage. The Marino, Young, 51. 39. The schooner Margaret, when in a helpless condition, was fallen in with by the Alfred Whalen, and the captain of the latter (Salvage.) vessel persuaded the Margaret's crew to desert her and take to his vessel. He then sailed off, but soon returned, and taking her in tow brought her into port. Held, That this did not constitute the Margaret a derelict, and therefore somewhat less than one-half the amount claimed was awarded. The Margaret, Young, 171. 40. The Charles Forbes sailed from a port in the United States bound for Portland, with a cargo of coal. Encountering heavy weather, her cargo shifted, but not to such an extent as to throw her on her beam-ends, nor did she become unmanageable. In this state she was found off the American coast by three American schooners, and abandoned by her master and crew without there being any circumstances whatever to justify such a course. Although many American ports were much nearer, the salvors brought her to Halifax. After the vessel had been taken possession of by the salvors, her master made efforts to return to her, but was prevented by one of the salvors. He then asked them to take the vessel into Portland, her destination, but this was refused. The vessel was appraised at $21,303, and the cargo at $4,440. Held, That the vessel was not derelict; that the salvors had not acted as they should have done under the circumstances, and that, as there was no substantial service rendered by them, the total salvage should be only $2,840, to be divided among them, with costs of suit. The captain of one of the salving schooners, who had taken command of the Charles Forbes, was held to have so misconducted himself as to forfeit his share of the salvage. The law upon point reviewed. The Charles Forbes, Young, 172. this 41. The Auguste Andre, a Belgian steamer, sailing between Antwerp and New York, encountered severe weather and had her rudder carried away. She continued her course in that crippled condition until fallen in with by the Switzerland, about 175 miles distant from Halifax, who took her in tow and brought her into port after three days' towage. The weather was moderate during all that time, and the services rendered, while extremely opportune and valuable, were not of a highly meritorious character. The values of the respective steamers and their cargoes, freight, etc., were as follows: The Auguste Andre, vessel worth $127,500; cargo, $122,500; freight, $3,592. The Switzerland, vessel, $325,000; cargo, $250,000. Held, That $20,000 should be awarded as salvage, of which $12,000 should go to the owners, $1,500 to the master, RR |