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![handle is hein.slavery/ssactsengr0389 and id is 1 raw text is: THE WILLIAM BECKFORD 3
as far as I am enabled to judge by the present evidence, I must pronounce that no
sufficient objections are shown against the validity of these captures ; and that
the ships must be adjudged lawful prize to the captors, being bound to Amsterdam
in breach of the blockade.
[355] THE WILLIAM BECKFORD -(Muirhead, Master). Nov. 27, 1800 and Nov.
1801.-Salvage, civil and maritime-Distress great-Value saved £17,604,
salvage given about £1300. Salvors numerous.
[Affirmed on appeal ; see note 6 C. Rob. ix. Adopted, The Marquis of Iluntly,
1835, 3 Hagg, 248. Referred to, The An~rique, L. R. 6 P. C. 475. Con-
sidered, The Glengyle, [1898] P. 97.]
(Instance Court.)
This was a case of salvage, civil and maritime, originating by actions entered on
behalf of several salvors, against the ship, cargo, and freight, stated altogether in
the attestation of the owner, and schedule annexed, to be of the value of £17,604.
Judgment-Sir W. Scott: This was a case of salvage on account of service
performed in saving a ship and cargo of considerable value in great distress.*
The principles on which the Court of Admiralty proceeds, lead to a liberal re-
muneration in salvage cases ; for they look not merely to the exact quantum of service
performed in the case itself, but to the general interests of the navigation and com-
merce of the country, which are greatly protected by exer-[356]-tions of this nature.
The fatigue, the anxiety, the determination to encounter danger, if necessary, the
spirit of adventure, the skill and dexterity which are acquired by the exercise of that
spirit, all require to be taken into consideration. What enhances the pretensions
of salvors most, is the actual danger which they have incurred ; the value of human
life is that which is, and ought to be, principally considered in the preservation of
other men's property, and if this is shewn to have been hazarded it is most highly
estimated. I cannot say that peril of life, in the present case, appears to have been
incurred in the degree which has been represented by the salvor's counsel : The
weather was not unfavourable in any very menacing manner, so as, to render their
condition particularly perilous ; but the situation of the ship and cargo was extremely
so. It is proved that such was their alarm concerning the possibility of saving her,
after the ship got upon the sand, that a proposal was made to the master, by the
master of a ship, and appears to have been acquiesced in by him, for the throwing
of this valuable cargo overboard ; it was resisted by the salvors, they used their
efforts, they employed their skill, and ship and cargo are finally preserved. The
ship and cargo are of great value; estimated at no less than £17,604, and every six-
pence of this value is indebted for its safety to these persons.-They are numerous,
and their exertions were continued through the course of a third day. It seems
hardly necessary for the Court to look into the affidavits, by which the several salvors
attempt to distinguish each others merits, by shades of difference hardly worthy of
notice. The whole is meritoriously performed, and I pronounce £1000 to [357] be
due to the salvors ; and the farther sum of £50 to the owners of the three boats and
smacks ; 10 guineas a-piece to the two boys, and 15 guineas a-piece to the masters
of the several boats employed in saving the ship and cargo.
(On Appeal, the 24th Nov. 1801).
This cause was heard before the Judges Delegates at Serjeant's Inn, on an appeal
brought by Mr. Wildman, the owner of the ship and cargo.
* The ship belonging to Mr. Wildman of London, being of the burthen of 404
tons, and carrying a cargo of West India produce from Jamaica to London struck
on the Pan sand about 5 o'clock a.m. on the 5th of October; every attempt was
made by the crew, and a pilot taken on board on the 5th, in the Downs, to get her
off, but without effect; on the 7th, Mr. Rowe and Mr. Valder, being two custom-
house officers, and persons sent by Mr. Cobb, the agent and correspondent of Mr.
Wildman, came on board. By their advice, a considerable quantity of rum and
sugar, and the guns, &c., were taken out for the purpose of lightening the ship; but
it was not till after many effectual efforts made during the 8th, to float her, that she
at last got off in the evening of the 8th, and sailed on the morning of the 9th, to a
place of safety, &c.
3 C. ROB. 355.](ViewImageLocal?handle=hein.slavery/ssactsengr0389&div=1&collection=&method=preview&ext=.png&size=3)