New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-07
UNITED STATES DISTRICT COURT-Auausr s-Before
Judge BRrrs
THE CONDUCT THAT DEpRIvEs SAILORS OF THEIR
RIGHT TO eAJVAGR

James and others agt. the Sarah A. BOice.-The
schooner f whose salvage this action brought cap
furniture stripped from her. and being turned adr
the bar et Jones Branch L. For getting her of the bar
that she worked the bar into the inlet wherssshs
grounded and that the schooner remained there until s of
by emseves that they then found her TO have been plum
deied by the claiming to hold her and denied that
the vessel was deect or exposed to peril or that the libel
ants acted with fair and honest intent to the vessel
Evidence given that when discovered adr she had
been surrounded by small boats and plundered and allowed
without an attempt at salvage That she there boarded
by the beans for the purpose Of holding her
demanded the restoration of the vessel but had expressed
themselves willing pay the bclants for work and labor,
ana even continued the services OF some OF them while getting
The following is the decision oftbe Court:
me hoe only Tor salvage and to maintain as saen "
must supported by proof that the motives and
Of the bean,s in all respects lawful in good conscience
and me'orious The maritime code in respect to the allow
of compensation for salvayryces based pn'
cple Of universal equity and integrity The law takes under
its own authority of administration property rescued nom
reasonable ard for honest effort to from peril
but 1t shows favor punderers seiz-
ofwreeked property for cu9abe punde1 constitutes no
That when the lbelants fell in with the schooner in
helpless state apparently abandoned and deTect instead OF
approaching her with the manifestation Of desire to AFFORD
her relief the whole purpose eynced was to embezze conns
cate sud appropriate to emse the ruins Of the vessel and
her effects and evidence is furnished that individual OF
the multitude which ocked ground the wreck evinced the
slightest purpose to save her for the unfortunate prope
tors. 49,
That the presumption most forcbe that all the hpeahta
who engaged in that wrongful depreciation and plumber were
all that she not then derect that her owner.
resided the bay in State and scarcely out
OF eye sight and had been the victims OF sudden predatory
seizure Of their property
That it compors with the semhlance OF an
honest and fair purpose and restore To s true owners
sci discovered this by the beants to have
thereafter followed its remains from day to day. IL noaed
smooth and In calm weather making prey anything
could be picked from IT, TIL tie vessel grounded on the
bar suspciously late for them then TO arrogate the
position rghtfu savors In possession OF the wreck. and
claim be entitled to evoke the law TO authorize and conru
to them such privilege. =,
Thst on strict rules pleading Therefore the action would
be dismble because there proof produced under the
libel which sustens the only night sveed and claimed by the
belanis but the demanding that the vessel
should be delivered up them by the beants svowed
willingness compensate them for the value Of the services
rendered hy them wornd labor to the time wien the
surrender demanded and continue the services Of
JAMES and others Of the lbeans the Court no oh
lection considering the opened In s legal issues
that permit account 70 be taken refer
to Deyuif allowable to the bbelants FOL
such work and labor.
Had the respondents elected to put tho s,ms trial upon
the single issue Of the peadns upon the record the decree
the Court would logically ana justly have been in thei
favor But having recognized their part that James and
OF his associates had rendered services TO the vessel
before and the respondents omed her surrender "a
themselves and having called for the particulars o
these services with offer TO satisfy chses in that respect
them and bcia persuaded that 1t Is compe
the Court regard the proceedings Of the beans
the vessel grounded tho bar in aid Of her rsecha
point 10 have been work and labor for the benefit Of the
considers 1t equitable 20 allow such
amouht be reported by commissioner as due then
therefor but without costs except that the fees Of the refer
euce shall be taxed half and half TO each party.
Order accordingly.