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![handle is hein.slavery/ssactsengr0446 and id is 1 raw text is: THE MARTHA
III, c. 159, limits the responsibility of shipowners, and governs this question.
Dobree v. Schroeder, 6 Sim. 291 ; Wilson v. Dickson, 2 Barn. & Ald. 2.
Addams, contra. The Boreas is entitled to the amount of the bail. The
only point now to be ascertained is the amount of loss. When bail was given, there
was no protest ; no suggestion that the value of the ship and freight, due or to grow
due for and during the then voyage, was not equal to £2500. If the real value had
been ascertained, then by the letter and spirit of the statute, the responsibility would
be limited by the extent of the bail. Here the bail is unconditional, and it is con-
clusive of the value of the Richmond as against the owners. If the value is to
be questioned, how can it be but upon a constat of value at the time of the damage-
not after the wear and tear of a voyage ? He cited The Dundee, 2 Hagg. Ad.
R. 137.
Sir John Nicholl: The object of the statute is to limit the responsibility of
shipowners; it carries out the intention of the Legislature as shewn by former
statutes ; and is so express that the Court has not power to adjudge more to be
due than the [434] value of the ship and freight ; when that value has been ascer-
tained I must abide by it. If exorbitant bail may have been given, that will not
affect the responsibility. There is no claim made by the owners of the cargo on
board the Boreas ; but the master and mariners have a demand for nautical
instruments, and for their clothes and other things.
The Court allowed the petition ; and referred to the registrar to ascertain the
value of the ship, appurtenances, and freight. The registrar reported that value
at £1336, 10s., and the damage at £2151, 6s. ; he also brought in a distributable
schedule ; and, on the 16th of June, the Court confirmed the report.
MARTHA -(Viner). July 4, 1838.-Where a vessel postponed her homeward
voyage in search of freight, went out of port to a wreck about 500 miles distant,
and there, with great risk and exertion for several days, saved valuable property,
and was afterwards compelled by weather to put back to the same port, there
sold the property, and transmitted the proceeds here to abide salvage, the
Court awarded and apportioned a moiety among the owners, the master, mate,
and crew.
[Not followed, The City of Chester, 1884, 9 P. D. 199.]
This was a case of salvage by the master, owners, and crew of the Blakely,
against the proceeds of goods and stores saved out of the Martha, a wreck on
Triton Island, in lat. 15' 47' N., long. 1110 11' E.
Queen's Advocate and Addams, for the salvors.
Haggard, contra.
Sir John Nicholl: The Martha, on a voyage from Liverpool to Canton, with
a very valuable cargo, was wrecked in the China Sea, about 500 miles S.S.W. of
Macao, on the reef of Triton Island, only a few feet above the level of the sea-
surrounded per-[435]-pendicularly by coral rocks, and by very forcible currents;
it is therefore hardly possible to imagine a situation in which a vessel could be more.
exposed to total loss. The master and crew got to Macao on the 15th of September ;
they there found the Blakely, a vessel of 314 tons and twenty in crew, delivering
her cargo, and destined to Manilla for a freight to Europe. Captain Snipe, the
master of the Blakely, at the suggestion of the agent, undertook to make an
attempt to save part of the cargo, and with much exertion he got ready and sailed
on the next day, and on the 21st reached the island. The Blakely herself there
incurred great risk. Her mate and part of the crew were put on board the wreck,
and communications by boats were kept up with it till the 26th ; and it is not easy
to imagine a case of more danger and exertion than is described. On the 26th, the
weather made further perseverance hopeless, and it was prudent for the Blakely
to quit ; she then attempted to proceed to Manilla, but was prevented by bad
weather, and she put back to Macao on the l1th of October. The goods saved were
there sold by public auction ; and the net proceeds, amounting to £2731, 8s., have
been paid into the registry, to abide the award of this Court. It is scarcely possible
to have a more meritorious case ; the property was saved, not merely from probable
risk, but absolute loss ; and the master, the mate, and the crew of the Blakely
have the merit of saving it. I am not aware that in any case, except that of The
Jonge Bastaan (5 V, Rob, 322), under its peculiar circumstances, a larger
3 HAGG. 434.](ViewImageLocal?handle=hein.slavery/ssactsengr0446&div=1&collection=&method=preview&ext=.png&size=3)