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![handle is hein.slavery/ssactsengr0496 and id is 1 raw text is: THE C JANE 1
attempting to go off to the assistance of the ship, was not brought forward so dis-
tinctly as it ought to have been. The master and owners made no complaint to
the magistrates of Blakeney, as they might have done, when that fact might have
been more easily and effectually investigated on the spot. The tender for pilotage
was made without any charge of misconduct : and it was not till the cause was far
in progress in this Court, that the charge was introduced into the act on petition.
Such a course of proceeding might be thought to throw some doubt or ambiguity over
the facts ; or, if little doubt existed, it placed the facts in such a situation as did not
induce the Court to exercise extreme severity, in laying on the salvors expenses that
would very far exceed the remuneration which they have obtained. The Court,
therefore, directed the owner to pay the expenses.
[338] JANE -(Hudson). March 2, 1831.-Where the master of a whaler, and
a boat's crew of five men had gone, at the imminent peril of their lives, to assist
a vessel at sea dismasted, with the water making a breach over her; when they
assisted in rigging a jury mast, and afterwards towed the vessel during six days
to Plymouth, the Court awarded, out of £7000, £1200, viz. £700 to the owners
for demurrage, repairs, risks, and all expenses ; £200 to the master, and £20
to each boatman, and the rest of the crew to share the remainder according
to their interest in the voyage.
[Referred to, The Enchantress, 1866, Lush, 96. Discussed, Papayanni v. Hocquard,
The True Blue, 1866, L. R. 1 P. C. 254. Referred to, Scaramanga v. Stamp,
1880, 5 C. P. D. 302 ; The City of Chester, 1884, 9 P. D. 195.]
This was a case of salvage rendered to a homeward bound West Indiaman, the
Jane, in December 1830, occasioning the detention of the salving ship, a South
Sea whaler, which accompanied the vessel to England, and incurred a demurrage
of three weeks, and other considerable expenses. The Jane was 250 tons, and
the Rover 400 tons burden; and thirty-three men. The agreed value of the
Jane and her cargo was £7000. The owners had tendered £500, with all costs,
as well as the expenses of the Rover's repairs.
The King's Advocate and Addams for the salvors.
Dodson and Matcham, contra.
Judgment-Sir Christopher Robinson: This is a claim of salvage, founded on
very meritorioUs services which are admitted on all sides, and therefore the Court
has comparatively an easy duty to perform: it has only to fix and establish the
degree of merit, and the amount of reward consequent thereon, from evidence which
is in some respects contradictory, but differing more in words and intention than in
reality and substance.
It appears that the Jane was returning from Berbice with a cargo of West
India produce, and had encountered violent gales on the 6th of December, which
had dismasted her, broken in her bulwarks, and done other considerable damage.
[339] She had put up a trysail, or spread some canvas, by which she had continued
on her voyage till the 7th of December, when a sea broke it away, and reduced her
to a very helpless state. Three or four men were disabled from illness, and the
remaining crew, which consisted altogether of eleven persons, very much fatigued
and dispirited. On the 8th of December the master and crew of the Rover, an
outward bound South Sea whaler, came in sight; and the account given by Chambers,
the master of that vessel, is to this effect. He says, on first seeing the vessel at the
distance of about three miles, dismasted, with some of her crew on the rigging making
signals, and others at the pump, he thought the vessel was waterlogged: he does
not say afterwards that she was actually so, but that such was the impression which
her first appearance made on his mind,-that the sea was running tremendously
high, with a very heavy gale ; and it seems to have been a very fortunate circum-
stance that the Rover was of that class of vessels that are particularly qualified
to contend with rough and tempestuous seas, from their employment in the whale
fishery. The master further says, he asked his men whether they should go to the
ship, and proposed that he would go himself if others would accompany him. The
crew consented, and four or five men volunteered to go with him in the boat ; and
struck upon a sand), in order to obtain a salvage for themselves, and to deprive the
lifeboat's crew of a share,-and were convicted.
2 HAGG. 33.](ViewImageLocal?handle=hein.slavery/ssactsengr0496&div=1&collection=&method=preview&ext=.png&size=3)