The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-29

which he shall be liable as the principal debt
or, unless the assentin writing of majority in
number and value OF his creditors to whom he
shall have become liable as principal debtor,
and who shall have proved their claims, be filed
in the case at or before the time Of the hearing
Of the application for discharge.
The SHIP MONTGOMERY Among the many
cases that have been tried in the Admira atty
Court Of the United States few have been more
interesting than that Of the derelict ship
Montgomery, picked up adrift st sea by the
steamship Charleston and towed to this port.
The salvors brought their claims in court, and,
after patient hearing, the following order,
which embodies the entire case, was granted
| by the Judge:
UNITED STATES OF ANrERICA--soUTH CAROLINA
DISTRICr.-N ADMIRALTY.
| The owners, officers and crew OF the Steamship
| Charleston, vs. the Ship Montgomery and her,
cargo.
The libel is filed in this case for salvage ser
vice rendered to vessel and cargo derellct;;
The salviug vessel is large, powerful and
valuable steamship, owned by the New York
and Charleston Steamship Company. at the
time when the salvage service was rendered
| this steamship Charleston was on her voyage
from New York to Charleston. Her value as
estimated, and that Of her cargo, is four hum
dred thousand dollars. The salved vessel is
supposed, from her papers, to baye been
| bound from Pensacola to an European port.
She is represented as eighteen years old, and
| laden with timber the estimated value Of ship
and cargo being about eighteen thousand dbl
lars.
When found by the Charleston, the Mont
gomery was altogether deralct. She was
water-logged, in q great measure d:sma1tled,
cabin furniture and provisions gone, incapable
Of being sailed, difficult to manage even when
in the tow Of large and powerful steamship;
Y.ry much down by the head, the water being
more than two feet deep on deck, and her
steering apparatus entirely gone. There was
| no hawser on board, nor 3 single coil Of rope.
The vessel, 80 dereliot was alike incapable Of
being navigat.d or aided by any other vessel
than powerful steamship Of the class of the
salying ship in this case. The evidence also
leads to the conclusion that she had been over
taken, by other vessels, and that they, being
unable to render her assistance, stripped and
took away from her much OF her rigging and
sails.
When she had been examined by the first Of
fcer OF the Charleston who was sent to board
| her, and in doing which he had to beat off the
sharks which surrounded the ship and pressed
upon his boat, that officer reported to the cap
tain Of the Charleston that the vessel was not
worth the effort to save her. Captain Berry,
however, took her in tow, and did succeed in
saving her aud her CARGO.
The labor in steering her and bringing her
safely in tow was very great; and when she had
been brought to the bar, in consequences OF her
draft Of water, seventeen days were occupied
in tightening her and enabling her to cross the
bar in safety. It was in evidence that the
agents OF the salying ship at this port were
obliged to make large expenditures in money
to o complish the work Of saving her. Fortu-
nately the weather from the time when the
Charleston took her in tow until she was moor
ed in safety, was generally fair; had it been
otherwise, it is reasonably certain that no hu-
man agency could have saved her.
It is true that the old rule OF o moiety Of the
property salyed is not now, in cases OF derelict,
regarded as 30 settled that courts will insist
upon adhering TO it; the tendency Of courts
now is to look to the circumstances OF each case.
But, nevertheless, without special circum-
stances, which reduce or increase that meas
ure OF compensation, it ls the INCLINATION or
courts to accept it.
The circumstances which are relied upon in
this case to give to the salving vessel larger
measure Of compensation, are found in the
great value of The salving steamship; the
small value Of the salved property; the fact that
the salving ship is one Of only limited num-
ber of vessels by which the salvage could be
had been visited, stripped and abandoned by
one or moro vessels as beyond their help; the
great delay which necessarily ensued in bring
ing her into port, even when she had reached
the bar, and before she could cross it; and the
large expenditure OF money, which was also
necessary to secure the aid she required.
ALI these circumstances entitle the salrors
to much consideration, and serve, In the judg-
ment of the court to fix the proper measure OF
compensation at more than moiety, and II re-
gard be had to the amount OF money actually
expended By the agents OF the salyors, In ad-
dition to the highly meritorious conduct ex-
hibitcd in salving vessel and cargo so hope
lessly abandoned, and rescued BY the
exercise OF so much courage and skill,
with the large value OF the property
exposed in the effort to save this
vessel and cargo, it is consistent, with the ex-
ercse of the discretion which must be invoked,
to give to the libellants three-four,hs OF the
property, ,saved-that is. OF the ship and cargo.
The condition Of the vessel and cargo is such
as to render sale necessary, and II is there
| fore ordered, adj ldged and decreed, that the
marshal, after due notice by public advertise
ment, sell at public auction, and for cash, the
ship ''Montgomery" her tackle, apparel, fur
niture, and cargo with which she was laden.
That. from the proceeds OF said sale three
tourths thereof be placed IN the registry, TO
| be divided among the salyors IN proportl0n TO
| be hereafter ordered. That from the balance
OF the said sale the costs OF these proceedings
| be paid. and to MIR. Simons, who has repre-
sented the British Consul, o proper court fee,
to be ascertained by the Register and reported
| to this court, and the balance then remaining
shall be kept in the registry, subject to the
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