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![handle is hein.slavery/ssactsengr0449 and id is 1 raw text is: THE NEPTUNE
exercise of the new jurisdiction, it would be the undoubted duty of the Court to
consider whether the new jurisdiction should be applied to such particular case;
for instance, whether or not in a case of this description, such circumstance might not
operate to prevent a creditor from recovering against the ship.
In the present case, in which, by the general maritime law of Europe, the ship
would be liable for the necessaries supplied, no intermediate rights, as far as it
appears, are in conflict. The ship belongs to the same foreign owners who were in
possession at the time when the debt was contracted, and there exists the same
reason for the remedy as induced [296] the passing of the statute in question, namely,
the difficulty of suing such foreign owners who are resident abroad. It is, moreover,
to be borne in mind that the statute is a remedial statute, and as such should be
construed with sufficient liberality to meet the mischiefs which it was intended to
remedy ; and this is clearly one of the mischiefs contemplated when the statute was
enacted. I have referred to the authorities which have been cited in support of the
protest, but I do not find that any of them affect the merits of this case ; the great
majority of them depend upon the peculiar wording of the statute under considera-
tion at the time the cases were decided, and it is obvious that the slightest alteration
of the wording of a statute would make it retrospective or prospective only. Again,
some of the cases refer not to actions brought subsequently, but to actions already
commenced at the time when the statute was passed ; as, for instance, the case of
Freeman v. Moyes. In that case the executors had commenced their action prior
to the passing of the statute 3 & 4 Will. IV, which first made executors liable to the
costs. The Court held, that the new statute did apply, to entail the liability for the
costs upon the executors. These cases then are totally different from giving a remedy
in cases existing prior to the statute, and in which no proceedings had been
commenced when the statute came into operation. I have looked at the text
authorities, and although some expressions may be found in some of the ancient
writers with regard to remedial statutes, that they should not contravene the common
law, all the commentators agree in this, that remedial statutes should have a liberal
construction. The words of this statute give me juris-[297]-diction, and I am bound
to exercise it upon the present occasion. If in the exercise of this jurisdiction facts
should be disclosed to the Court showing that other persons have equitable claims
upon this vessel, and that such claims will be prejudiced by the demand which is
now set up by the material men in this case, I must administer the law in equity,
and decide between them. I therefore overrule this protest, and assign the parties
to appear absolutely, and the question of costs I reserve for future consideration.
THE NEPTUNE -(Friecker). January 19, 1842.-Consolidated action by two
sets of salvors, consisting of the crews of seven smacks, for salvage rendered
to a foreign ship in getting her off the Long Sand. Action dismissed, ul)on
the ground that the primary salvors, who had boarded the vessel prior to her
striking upon the sand, had acted erroneously, and the measures which they
adopted had in point of fact caused the vessel to get upon the sand. An applica-
tion subsequently made to the Court on behalf of the second salvors, who had
come up and rendered assistance after the vessel was upon the sand. Applica-
tion sustained, no recognition being made by the second salvors of the acts done
on board the vessel previous to the commencement of their services. £200
awarded to second salvors.
In this case an action was entered against this vessel by the owners, the masters
and crews of the Atalanta and six other fishing smacks, in a cause of salvage,
civil and maritime.
The act on petition for the salvors alleged, that at 9 A.M. upon the 14th
of September, the Atalanta being outside the Shipwasli Sand in the North Sea,
the wind being a fresh breeze from the E.S.E. and the weather hazy, perceived a
barque with a flag at the fore-topmast running in about west between the Kentish
Knock and the Long Sand; that a signal was made from the smack for the barque
to shorten sail and heave to, but such signal the barque did not attend to but kept
her course until she was within a quarter of a mile from the Long Sand; that upon
the Atalanta coming up with her, the head of the barque was wore round from the
west to N.E., whereupon four of the crew of the Atalanta manned their boat,
and hailed the barque to let go the anchor as quick as possible, but that such hailing
1 W. ROB. 296.](ViewImageLocal?handle=hein.slavery/ssactsengr0449&div=1&collection=&method=preview&ext=.png&size=3)