HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0443 and id is 1 raw text is: 240 THE SALACIA. 2 HAGG. 262.
£75 each ; to the Flora, £30 ; to the Samuel and Hope, £20 each ; together
with their expenses both before the magistrates and in this Court, and the loss and
damage sustained by the different salvors, the amount of which must be referred to
the registrar and merchants.
Award reversed.
[262] SALACIA -(Garland). July 2, 1829.-In cases of civil salvage, the Court
of Admiralty does not recognise the rule of proportion, but awards an equitable
remuneration for the service-rendered, though such remuneration is more liberally
allotted in cases of large value. Arbitrators having given one-fourth of the ship,
viz.,.£600, the Court awarded out of the cargo, of the value of £38,000, £1000
for contingent losses; £1500 salvage reward ; and £200 for the master's
particular expenses.
[Referred to The Vrede, 1861, Lush. 325 ; Bird v. Gibb, The De Bay, 1883,
8 A. C. 564; The City of Chester, 1884, 9 P. D. 195.]
This was a cause of salvage instituted on behalf of the owners, master, officers,
and crew of a ship called the Washington of the United States of America; and
also on behalf of the master, officers, and crew that had belo'nged to an English
cutter, the Dart, against the owners of the cargo lately laden on board the
Salacia.
The Salacia, an English ship, while on a voyage from Hull to Lima, had put
into West Point Bay in Great Falkland Island on the l1th of May 1826, for a supply
of water, where she was driven on shore four times. On the 20th of May she struck
upon the rocks and was thrown on her beam ends ; and in this situation was found
on the 12th of June by the Washington ; and on the 17th of June Capt. Garland,
the master of the Salacia, requested Capt. Percival of the Washington to make
a survey and state the condition of the Salacia and the means that might be
adopted to rescue her from her dangerous situation. This survey was made on the
18th; when Capt. Percival and his crew, together with Capt. Duncan and the crew of
the Dart (who had been previously wrecked on the rocks off the Falkland Islands,
and received on board the Salacia ) undertook to -attempt the release of the
Salacia, which, after unlading half of the cargo, was effected on the 21st of June ;
and on the following day she was moored in the bay. By the 28th, her cargo was
reshipped, and on the 7th of July she was ready for sea and proceeded on her voyage
to [263] Valparaiso. On her arrival at that port proceedings for salvage were
instituted ; and a reference was made to arbitrators, who awarded £600 as one-
fourth of the value of the ship ; and it was then agreed between the consignees of
the cargo and Capt. Percival that the question as to the cargo should be referred to
this Court.
The cargo was estimated at £38,000.
Lushington and Pickard for the salvors.
Dodson and Addams, contra.
Judgment-Sir Christopher Robinson: The Court examined much at length the
facts of the case as represented in the affidavits, and pronounced it to be a case of
great merit ; and, adverting to the arbitration on the ship, observed : The arbi-
trators have gone a little out of their way perhaps in considering what might be
likely to be done by this Court, intimating an expectation that it would award an
equal proportion of the cargo. They awarded one-fourth of the value of the ship,
following perhaps a course of proceeding familiar enough in ancient times; but which
is not now countenanced in the practice of this country. It is a rule which may
be conveniently adopted by the authority of public ordinances with regard to war
salvage, and other questions of positive regulation : but with reference to an equitable
remuneration for labour or exertions of enterprise in rescuiug from imminent
danger a valuable property, it would be a rule of very unjust and inconvenient
application.
It is a suggestion of common reason, that where the property is very large, a
smaller proportion may afford adequate remuneration; and as that is the only
[264] true measure of reward, it is absurd to assign fixed proportions, which must
operate so very differently according to difference of value ; and the danger of excit-
ing unreasonable pretensions, and of thereby promoting litigation and preventing
the best settlement of such claims by amicable arrangement, is a public inconvenience](ViewImageLocal?handle=hein.slavery/ssactsengr0443&div=1&collection=&method=preview&ext=.png&size=3)