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![handle is hein.slavery/ssactsengr0498 and id is 1 raw text is: THE CHARLOTTA
latter enquiry may be a new consideration, and may, more particularly, belong to
the Court; but it is so connected with the facts of this case, that the Court would
wish to have your opinion upon it, if in your judgment the consideration of it
should be necessary.
The Trinity Masters, after consultation together, delivered a written opinion,
stating-1. That the brig (the Ligo ) was lying to, and that the Express was
not properly lying to,-but proceeding ; and that if it could be true (which they did
not admit) that the schooner (the Express ) was lying to, she was not properly
laid to ; inasmuch as her main-[360]-sail being scandalised, it was not properly set
for the lying to, with reference to the sails which were then set on the foremast.*
2. That the collision was occasioned by the neglect or inattention of the schooner's
own crew.
Sir Christopher Robinson: The Court perfectly concurs in the opinion of the
Trinity Masters, so far as it can form an affirmative judgment on such facts. The
law requires that there should be preponderating evidence to fix the loss on the party
charged, before the Court can adjudge him to make compensation ; and in this case
the complainant has not sufficiently sustained the burden of proof imposed upon
him. It is the duty of the Court, therefore, to dismiss the Ligo ; and as the
owners of that brig have been brought to answer at considerable expense a charge
which the evidence has failed to support, they are entitled, as the Court has held in
other instances, to be dismissed with their costs.t
[361] CHARLOTTA -(Nesser). May 14, 1831.-The Court always jealously
maintains the right of original salvors, unless further assistance is necessary
for the preservation of the property. In a case of derelict and of great merit,
the Court gave to the original salvors, the usual salvage two-fifths of (the whole
value) £2394, and to a revenue cutter, whose assistance was beneficial, £100.
Expenses out of the remaining property.
On the 3d of December 1830, the Charlotta was found a derelict off the coast
of Norfolk. The Greyhound and Morning Star, two Winterton yawls, and
thirty-four men went off to the wreck; they were in a few hours joined by the Ino
with twenty men, upon which the Greyhound and seven men returned to the
shore. On the following morning, about two hours before the derelict was brought
into Yarmouth Roads, the revenue cutter, the Royal Charlotte, commanded by
Lieut. Harmer, came up, and the principal question in the case related to the claim
of this cutter to share in the salyage. The ship was of 200 tons, laden with dears
and iron : and the value of ship and cargo was estimated at £2394. Bail was given
in £1400.
Dodson and Nicholl for the salvors.
The King's Advocate and Addams for the cutter.
Haggard for the claimant of the cargo.
Judgment-Sir Christopher Robinson : This is a case of great merit in the original
salvors, which is not denied. The vessel had been abandoned by the master and
crew on Hasborough Sand on the 2d of December, and on the morning of the 3d, a
body of Winterton boatmen, or beachmen, descried her, and resolved to put off to
her assistance : they went in two boats, and succeeded with difficulty in getting on
board. There is no evidence on this part of the case except their own ; but that
may be taken [362] as uncontradicted, and the Court sees no reason to make any
deduction from it. They rowed through a heavy sea, and very broken and dangerous
water on the sand, and boarded, not without some danger of being dashed against
the vessel. They then steered the vessel with their boats for the mouth of the
Cockle gat, about eight miles from Yarmouth, and anchored off the buoy at two
o'clock afternoon on the same day. They remained there all night, and at break of
day, between seven and eight o'clock, they were weighing their anchors in order to
proceed through the gat to Yarmouth, when a boat from a revenue cutter came up
* Dewar, one of the crew of the schooner, deposed, that the schooner's mainsail
was too big; and that if it had been set for her to lie to with, it would have brought
her too much up into the wind.
f See The Catherine of Dover, supra, 154.
2 HAGG]. 860.](ViewImageLocal?handle=hein.slavery/ssactsengr0498&div=1&collection=&method=preview&ext=.png&size=3)