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![handle is hein.slavery/ssactsengr0506 and id is 1 raw text is: THE 9 INDUSTRY
entitled : but I know of no case where it has been held that a seaman could proceed
for wages against assurers.
[202] If any portion of the ship be saved, the mariner to that extent has a lien
on the thing for wages: it was so held in The Neptune (1 Hagg. A. R. 238). So
in a divided voyage, where there has been a delivery of cargo at different ports, and
freights earned at those different ports, wages would be due pro rata, though the ship
should be lost before she came to her final port of discharge : such was the case of
The Juliana (2 Dods. 504), in which there was considered to have been so many
separate voyages, and freight made in each; and the Court went in that case so
far as to say, that an introduction into the articles of a special clause restricting the
seaman's demand, would not defeat it.
A mariner, it is true, may be entitled to wages even if no freight be earned, as
where a vessel sent out upon a seeking voyage-in search of freight, and obtains
none ; but why ? Because if she arrives home in safety, the man by his contract
has a lien on the vessel ; he may proceed in rem: and therefore though freight be
the mother of wages, and where freight is made wages are due, yet it does not follow
in all cases that if there be no freight there can be no wages (see The Malta,
2 Hagg. 158, 162). The Court has every disposition to assist this class of men; yet
in this instance, there being only one adventure of barter ; there being no divided
voyage ; no freight made or to be received, I am bound to decide in conformity with
the general rule of law-that freight must be earned for wages to enure-and I
therefore reject the summary petition.
[203] INDUSTRY -(Davis). May 1, 1835.-The amount of salvage, for services
performed with risk and labour, in the English Channel, by a pilot and his crew,
five in number, from the 16th to the 18th of January, was, on a bond of reference
to Commissioners of Pilots, at Cowes, fixed, on a value of £2000, at 120 guineas
and the expenses : the owner having refused payment, the same sum was, in
an action by the salvors, decreed with costs.
[Adopted, The Am&ique, 1874, L. R. 6, P. C. 475.]
Salvage, by a pilot and his crew, to a ship off Dunnose and brought into Cowes.
Value of ship, cargo, and freight, £2000. Under a bond of reference, of submission
as it was termed, to Mr. Spain, Lloyd's agent, and Mr. Estwick, Comptroller of the
Customs (both sub-commissioners, under 6 Geo. IV, c. 125, s. 5, for reporting as to
the qualification of pilots, for the district of the Isle of Wight), an award of 120
guineas (besides the expenses) had been made: but the owner having refused
payment, an action was entered and bail given by him in £250.
King's Advocate and Curteis, for the salvors.-The award is not excessive, and
it was made by competent men; and payment having been delayed, the Court is
at liberty to give a further sum.
Burnaby, for the owners.-The commissioners have no authority in matters
of salvage ; they have made an excessive award-at the rate of £16 per hour-for
what was scarcely more than pilotage.
Sir John Nicholl: The Industry, of 290 tons and thirteen hands, having
been damaged, on her voyage from Newcastle to New York, by a violent storm
in the English Channel, about two A.M. on the 16th of January, was on the afternoon
of that day boarded by a pilot, of the smack Alarm (of 40 tons and five men),
taken in tow by him, anchored successively at St. Helens and Spithead, and got into
Cowes about two A.M. on the 18th. The master of the brig, and Greenham, the
master of the smack, [204] signed a bond of reference and arbitration to Mr. Spain
and Mr. Estwick, sub-commissioners of pilots, and on the 21st they awarded 120
guineas, besides the usual expenses, altogether making £143. Mr. Junius Smith,
the owner, refused to pay this sum : a warrant of arrest was extracted, and bail
given in £250-an eighth of the agreed value of the ship, cargo, and freight. The
case does not come before me on appeal from an award, because no award has in
this instance been made according to the Salvage Act; (a) nor is there any tender
the question therefore is, what is due ?
The amount of remuneration must depend on all the circumstances. It is not
(a) The referees were Commissioners appointed under 6 Geo. IV, c. 125, to report
as to the qualification of pilots ; but had no legal authority in salvage.
.3 EIAG. 202.](ViewImageLocal?handle=hein.slavery/ssactsengr0506&div=1&collection=&method=preview&ext=.png&size=3)