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![handle is hein.slavery/ssactsengr0223 and id is 1 raw text is: SHEESBY V. HIBBERT [1847]
[90] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY.
RICHARD SHERSBY and Others,-Appellants; SAMUEL HIBBERT and Others,
-Respondents * July 1, 1847].
The DUKE OF MANCHESTER.
A sailing vessel, having a licensed pilot on board, got on the Goodwin Sands,
but was rescued by a steam-tug, which after rendering her salvage services,
was employed to tow the vessel to the Downs, but in consequence of the mis-
conduct of the pilot, and the negligence of the master of the steam-tug, the
vessel was run ashore on the Sandwich Flats: Held, in such circumstances,
that the steam-tug had no claim for salvage, as the master of the steam-tug
was not released from all responsibility respecting the direction of the vessel
towed, by reason of a licensed pilot being on board, and that it was the joint
duty of the pilot and the master of the tug to do their utmost for the safety
of the ship [6 Moo. P.C. 100].
Held also, that the master of the steam-tug could not separate the towing of the
vessel, from his claim for salvage services for getting her off the sands, as it
was one transaction of salvage [6 Moo. P.C. 101].
This was originally a cause of salvage civil and maritime, brought by the Appel-
lants, the master and owners, and crew of the steam-tug Copeland, against the ship
Duke of Manchester, her cargo and freight.
The circumstances which gave rise to the appeal were these:-
On the 13th of December, 1845, the barque, Duke of Manchester, belonging to
the Respondents, outward bound, from London to the West Indies, with a general
cargo, in charge of a licensed pilot, got upon the Goodwin Sands midway between
the North Sand Head, and the Gull Light-vessel, at forty minutes past 3, P.M.; the
wind was moderate, the weather hazy; and it was [91] then within about an hour
of low water. All proper precautions were immediately taken; the larboard bower
anchor was let go; the barque lay quiet as the tide fell, though she had struck
heavily at first; she had thirteen feet water on the starboard, and ten feet on the
larboard side. A galley which came alongside was sent off to Ramsgate for a
steamer, and arriving there about 8, the steam-tug Copeland, of one hundred horse
power, and eight men, which was lying in Ramsgate Hole, with her steam up,
immediately put to sea, and discovered the Duke of famnehester, about half past 9,
u.n. On getting near her, about half an hour afterwards, two hawsers and also
the barque's steam chain were passed from the barque to the steamer, and the steamer
attempted to tow her off ; at first by steady pulling, and then by jerking with the
full power of her engines. Both the hawsers and also both the chains parted, or
were carried away, and about half-past 10, the barque came off the sand. Upon
the barque's coming off the Goodwin Sand, the pilot in charge of her hailed the
Copeland to go to the Downs and tow a-head. The Copeland accordingly towed
the barque a-head for about an hour and a half; they passed the Gull Light-vessel
about 11 o'clock, and the south buoy of the Brake about twenty minutes past 11,
and between 12 and 1, A.M., of the 14th of December, the barque was suddenly hailed
from the Copeland to starboard her helm (i.e. to turn her head in-shore), which
she immediately did, and again got hard aground on the Sandwich Flats, when it
was nearly the top of high water. On the barque's thus grounding for the second
time, it being nearly high water, and the tide falling, it was found impossible to
move her; further assistance was obtained from Ramsgate; the Copeland made
two abortive efforts to get her off [92] in the course of the 14th of December; part
of her cargo was then discharged into small craft, and on the 15th of December,
she was again got afloat, and it being impossible to continue her voyage without
discharge and repair, was towed by the Copeland to the Downs, to Southend on the
16th, and to the West India Docks on the 17th.
* Present: Lord Brougham, Lord Langdale, Lord Campbell, and the Right Hon.
T. Pemberton Leigh.
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