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![handle is hein.slavery/ssactsengr0507 and id is 1 raw text is: THE MARIANNA
a mere question of work and labour, not a mere calculation of hours, though time
undoubtedly is an ingredient ; but there are various facts for consideration,-the
state of the weather, the degree of damage and danger as to the ship and cargo,
the risk and peril of the salvors, the time employed, the value of the property;
and when all these are considered, there is still another principle-to encourage
enterprise, reward exertion, and to be liberal in all that is due to the general interests
of commerce, and the general benefit of owners and underwriters, even though the
reward may fall upon an individual owner with some severity. Here, in the middle
of winter, is this vessel-with her rigging damaged, sails torn and split, seams open-
quite unfit to proceed on her voyage-with a necessity of getting into port, and
with a signal for assistance-boarded by a pilot and one of his men from a skiff at
considerable [205] risk, and the sea being so much agitated that the body of the
vessel could not at times be seen; and what also shews the risk in boarding is the
fact, that the man-who boarded with the pilot-himself a second class pilot, a
person of skill and knowledge, took off part of his clothes lest the vessel should be
capsized. It is true, boarding is part of a pilot's duty, but here was special risk.
What, then, is the nature of the service rendered ? It is not pilotage. The
signal was not for a pilot, but for assistance ; it was to take this vessel in tow ; and
towing is no part of a pilot's ordinary duty. She was taken in tow, and on the evening
of the 16th anchored at St. Helens ; the next day they got to Spithead, and on the
18th into Cowes roads ; all this not without some degree of danger to the towing
vessel, and the pumps of the Industry occasionally resorted to. The ingredients
then of this service, and the merits of the salvors (and there is not the slightest
imputation of blame against them), are such as require a considerable remuneration;
and I am not prepared to differ in opinion from the referees; they are persons
described as filling respectable situations, and are likely to keep impartially in view
the interests of the navigation of the country. I think the owner and underwriters
ought to have been satisfied with their award; and I pronounce for the same amount
of salvage, and the same expenses ; and as the owner refused payment and thus
obliged the salvors to resort to this Court, he must pay also the costs of this action.
[206] MARIANNA -(Dos Santos). May 1, 1835.-After a decree of condemna-
tion, in the Vice-Admiralty Court at Sierra Leone, of a Brazilian schooner as
a slaver, had-on a claim by the Brazilian consul in behalf of Brazilian subjects,
as to some goods on board at the time of the seizure-been rescinded, and a
decree of one-eighth, as due on recapture--the remaining seven-eighths to be
droits, if unclaimed-substituted; a further decree of condemnation, upon a
new libel at the instance of the seizors, was made in their favour of those seven-
eighths, but still with a reservation as to the goods claimed. There was no
appeal nor suit in this Court in respect of these decrees ; but the proceeds of
the seven-eighths having been paid into the registry here by a Treasury warrant,
an application for payment of this money to the seizors-founded on the processes
from Sierra Leone, an affidavit of the seizors' navy agent, and the non-interven-
tion of the Treasury-rejected, there being no legal title in the seizors.
An application, on the 29th November 1833, was made for the payment of
£980 out of the registry to Mr. Stilwell, agent to Capt. Griffinhoofe, of H.M.S. Prim-
rose, and other seizors. The above sum was seven-eighths of proceeds arising out
of a capture by the Primrose, off Lagos, on the coast of Africa; and having
been paid into the military chest at Sierra Leone, was transmitted to this Court by
the Paymaster-General of the Forces in pursuance of a warrant from the Lords of
the Treasury. The application was supported by Mr. Stilwell's affidavit, and two
processes from the Vice-Admiralty Court at Sierra Leone. The first process con-
tained a libel, on behalf of the seizors, against the Marianna as a Brazilian
schooner and her cargo, recaptured from pirates, on the 30th August 1828, and
praying salvage; there was a further libel or information on the 12th of Nov. 1828,
alleging that she was a Brazilian fitted out for the slave trade, and praying a con-
demnation of the ship and cargo as forfeited to the seizors; and the process contained
the sentence of condemnation, dated 3d January 1829, in conformity with that
prayer. It further contained a claim made on the 27th of January, by the Brazilian
consul on behalf of Brazilian subjects for goods on board taken from the Effigenia ;
and upon that claim the Judge rescinded the sentence of condemnation, decreed
382
.8 KAGG. 105.](ViewImageLocal?handle=hein.slavery/ssactsengr0507&div=1&collection=&method=preview&ext=.png&size=3)