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![handle is hein.slavery/ssactsengr0476 and id is 1 raw text is: 94 THE HENRY OF PHILADELPHIA I HAUG. 263.
slight forms of the Custom House at its exit. Property they had acquired none, as
far as appears, in this cargo ;-neither bills of lading nor invoices describe them as
owners, but Mr. Lowe steps on board this ship (by what authority does not appear),
as supercargo and consignee ; and, as the bills of lading express, empowered to
sell the cargo for the benefit of whom it may concern ; [263] when arrived at
Jamaica, and the ship and cargo are there seized, he gives a claim for the two ship-
pers at St. Jago, but not as owners, but merely as shippers and consignors.
Under all these circumstances, and particularly under this last master circum-
stance, that he possessed all authority from the commencement of the voyage from
America up to Jamaica, it is difficult to avoid this conclusion, that the transaction
has been arranged by the same heads and conducted by the same hands ; and that
it constitutes one uniform course of operation, varied only in its form, just as far as
the necessity for its success might require ; and originated and pursued with an un-
broken tenor of purpose, from its commencement to its final termination. It is
upon these considerations that I think it my duty to pronounce that I am not justified
in disturbing the sentence which has been already passed.
Sentence affirmed, but without costs.
Note.-The above vessel and her cargo were condemned on the three first counts
of an information filed under 28 Geo. III, c. 6, s. 2, and 45 Geo. III, c. 57. For a
repeal of these acts, see 3 Geo. IV, c. 44, and 6 Geo. IV, c. 114.
[264] HENRY OF PHILADELPHrIA -(Palesti). June 15, 1824.-Award of cinque
port commissioners reversed :-Reduction of salvage compensation: salvor's
costs, on the appeal, refused.
This was an appeal from certain commissioners of the cinque ports to reverse an
award of £320 in a case of salvage. The ship was in ballast, and was valued at
£2500: she was the property of American owners, on whose behalf the present
appeal was prosecuted. 1 & 2 Geo. IV, c. 76, s. 4.
In support of the award, Jenner and J. Addams.
Adams and Lushington, contra.
Judgment-Lord Stowell : It does appear to me that this award is a fit subject of
appeal. The commissioners have adjudged this case without the information which
is before me : a survey has since been taken of the state of this vessel-before that
had been done, she appeared to have sustained considerable damage. It is now clear,
that the damage was of a most trifling and insignificant nature-there was no alarm
about the loss of the ship; but owing to the mere ignorance of the master as to
locality, she had got on the Girdler sand : the ship was light, being in ballast, and was
perfectly well found in every respect, and, as was observed by Dr. Adams, the tide
in these summer transactions, is the great salvor. The services were performed in
conjunction with the ship's crew-there was no sort of danger-no intemperance of
weather-the wind was moderate; and, in a few hours, the ship was liberated from
the inconvenience of her situation-for it was little more than that. It is as much
as I can do [265] to consider it a case of salvage : the mere ignorance of the captain
is of no importance in any view, for pilots might easily have been obtained: nor
are the boats to be considered-no injury having accrued to them : they did not go
out on purpose, but were occupied in their common course of navigation. The
commissioners, I think, were too much affected by local, and perhaps interested,
representations. In my opinion, about £5 a man will be a proper compensation
for these services, and I decree the sum of £125 for that purpose.
Jenner prayed the costs of the appeal ; but the Court said-it would not reverse
that part of the award which gave the expenses of £17, incurred by the salvors before
the commissioners ; but the circumstances of the case were not such as to induce
the Court to grant their subsequent expenses on the appeal.
SAN JUAN NEPOMUCENO-(Yambi). July 6, 1824.-Slave abolition laws. Upon
a sentence of condemnation of a Spanish ship at Sierra Leone, restitution decreed
on appeal.
This was an appeal from the Vice-Admiralty Court at Sierra Leone. The above-
named ship, having on board about 269 slaves and no other cargo, while sailing under
the Spanish flag, documented with Spanish papers, and the property of a Spanish
subject, was, on her return (ostensibly) to the island of Porto Rico, from the coast](ViewImageLocal?handle=hein.slavery/ssactsengr0476&div=1&collection=&method=preview&ext=.png&size=3)