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![handle is hein.slavery/ssactsengr0439 and id is 1 raw text is: 390
H.M.S. THETIS
3 HAGG. 228.
to him, and lie read it over ; and being asked whether it was correct, replied, quite
so, and signed it. The Court must then take this charge against Captain Evans
to be false. But there are also the master's declarations recentifacto, proved by Mr.
Evelyn, the collector of Customs at Jamaica, who was on board the Rhadamanthus,
and witnessed the whole transaction ; and in his affidavit he states, that Burton,
the master, considered the escape of the ship as providential, and that she must
have gone to pieces-not by storm or hurricane, but by the first sea-breeze ; and it
so happened that on the very next night there was a gale of wind.
Viewing, then, all the circumstances under which this valuable ship and cargo
were saved, what is a sufficient reward ? The magistrates at Jamaica, upon a
reference to them under a local Act, gave one-third of the value-about £2000.
That award is signed by six magistrates, and was made after the witnesses had been
cross-examined by Mr. Cohen, the agent of the shipowners. What, however, is the
nature of that local Act, or what jurisdiction it gives, the Court has no means of
ascertaining : it was not quite an ex parte proceeding, for though Mr. Cohen says
he had only a qualified authority, yet as he attended and cross-examined, he
took care, substantially, of the owner's interests. It is also true, that the master
and crew of the Ewell Grove were gone ; but as there is no material difference
between the facts as then stated and the affidavits in the cause, their presence would
not, I apprehend, have altered the case. But though I have no reason to suppose
that the magistrates-well acquainted, too, [228] with the localities-had not. the
real merits before them, yet their award is not binding on this Court, and I am not
disposed to go the whole length of it. The property, it was said, is considerable-so
'is the benefit to the owners; it is proportionate; and they have had the assistance,
not only of this powerful steam-vessel, but of about two hundred men-a great
number to share in a salvage remuneration. But considering that the vessel,
though in extreme danger, was not a derelict, and that the salvage was effected by
a steamer in the pay of Government, I had proposed to give one-fifth, about twenty
per cent., and that the owners should pay all the costs ; but to avoid any further
enquiry into the exact amount of the value of the cargo that has been preserved,
and which may be necessary if I allot a proportion, I will give £1200 and costs.
H.M.S. THETIS. June 9, 1835.-Prize agents are to retain and pay over to the
treasurer of the navy five per cent. on the net proceeds from and out of all civil
salvage, and vessels derelict, and monies arising therefrom.
This question came on upon a monition against the treasurer of the navy to
repay £976, 3s., paid in error, as alleged, to the prize accounts, being the amount of
a deduction of five per cent. from the net proceeds of salvage to H.M.S. Lightning.
The payment had been made by Mr. Woodhead, the agent, on behalf of H.M.S.
Lightning, but subject to a legal question as to the liability.(a)'
[229] Addams and Haggard, in support of the monition.
King's Advdcate and Phillimore, contra.
Sir John Nicholl: The facts are not disputed-they may be briefly stated.
H.M.S. Thetis was lost off the coast of Brazil, with considerable treasure, the
principal part of which was afterwards recovered by H.M.S. Lightning, sent
to England, and proceeded against as droits of Admiralty, but upon a claim on
behalf of the owners, it was restored subject to salvage. The salvage ultimately
awarded was nearly £30,000,(a)2 and the present question is, whether such salvage,
but particularly the proportion paid to the Lightning, is liable to a percentage
to Greenwich Hospital. Mr. Woodhead, the agent for the Lightning, was called
upon to pay the percentage, and he very properly paid it, but under protest, for
the purpose of haVing the decision of the Court. The question principally turns
upon the 57 Geo. III, c. 127, ss. 1 and 2, though there are some former Acts, and
one subsequent, which may assist in the construction of the 57 Geo. III, c. 127.
(a)1 H.M., by his Order in Council, dated 16th Jan., 1834, approved of the report
of the Judicial Committee, whereby the sum of £29,000 was allotted for salvage to
Thomas Dickinson, Esq., the commander, and the rest of the officers and crew of
H.M.S. Lightning serving under his command, and to Rear-Admiral Sir Thomas
Baker. The Admiral's share had been received by his own agent.
(a)2 See The Thetis, supra, p. 14.](ViewImageLocal?handle=hein.slavery/ssactsengr0439&div=1&collection=&method=preview&ext=.png&size=3)