The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-16

the quo amino n IN al such cases the material
point Just a. in criminal Jurisprudence the inten-
tion of the mind IL the point be inquired into IN
all cases and governs the judgment Of the law as
to the quality OF the act imputed The Cosmopo-
Titan, g; Notes OF Cases, supplement-, II, In
the irish Admiralty. And where the master
and crew abandon vessel the point
OF inquiry In determining whether ~
has thereby become q dereict or not is not 80
much what was the precise state OF things, or
whether they were mistaken or in error as to the
peril or condition Of the vessel what the In
tention by which they were actuated at the time;
for the spes rec1perGndt, which is the hope and
expectation returning to the vessel and regalning
the possession, must be governed by the feelings
OF the individual ut the Time Where the vessel
is abandoned without the existence at the time Of
any hope or intention OF returning, subsequent
change OF opinion under new circumstances, and
return will not save 1t from having become dere-
lict OF which salvOrs may rghtfuly possess them
selves before such return and rep0ssession; as
where the vessel having struck upon Has
borough Sand, on the coast Of England, well
known to be OF very dangerous character, In o
tempestuous season OF the year. and being water
logged. the master and crew. in great alarm Tor
their lives, took to their boats and rowed to Has
borough light vessel then a few miles distant
While in the light vessel they we're on the watch
to regain their ship, and when they the vessel
the next morning noating OF the sand they rowed
AFTER her. But the savOrs had In the meantime
put of from the shore In their boats ana got on
board the vessel few minutes before the master
and crew did. The Court decided under the facts
that the master and crew. at the time they quilted
the vessel had no rational hope Of returning to
her. They quilted her. not because OF any tempo
rary danger, which might pass away and
give them an opportunity Of regalnIng her,
but because the vessel was lying fast III the sand
and Tor the sake OF saving their lives. They had
intention at the time OF returning to the vessel
Sarah Bell, A; Notes OF Cases. IA; The Boston, /
Same, 1886; brig John Gipin, Olcott's Rep. 70. See
vesss " e r wton an
is no animus, no spcs, either way-as where the
master and crew OF o schooner instlnctively
ried of against their win. 1t was held that the
schooner, although found by the savors
Tee any o person WAS on NOT Under ana tnesa
Circumstances derelict de Jure The Cosmo-
politan). A ship or goods sunk IN the sea are
as the owner continues tc assert ais claim. and
does not give up his intention OF resumlng the
/ Story s2s; the Tnefls, Hag0 i4 the Under OF
derellct who takes actual possesslon-not barely
possession by an act or the will ocu1ts ct aqectu.
but actual possession by q corporal prehension OF
the thing, with an intention OF saving IL, gains
right OF possession which he can maintain against
~
quire the dominion or absolute property, sis re-
mains with the owner. for 1t IL presumed that
the owner nas not thrown away his property ru
shall be no longer reckOned among his pt es-
sions. but has abandoned the possession simply
authority to give or throw away the owners
goods, SO to dvest him OF his right OF property
the finder taxing the possession lett vacan. &C.
CURES the right OF possession, and becomes bouLd
% preserve the property with good faith and to
bring 1t to place OF safety for the owners use;
and he acquires right to be paid Tor his services
reasonable and proper compensation out OF the
possession until this Ii paid or the property is
taken into the custody OF the law, preparatory
Sn .as non rS 81 eng legally acer
or owner and he should tender his assistance In
saving and securing the property, this ought not,
be no bar to the right of salvage and should 1t be
unreasonably rejected, 1t might materially affect
to be. allowed. JThe Bee Ware. $50; the Aneshyt,
Dawes, 20; the La Belle Creole Peters, Ad. Dew,
80; Jussnan az s,, lmssisutes ~ TT sec ~
reltcts, salvors do not acquire an exclusive pos
session as against the owner or master or his
IS entitled to retain the command and control
Of the ship and cargo, and to direct
under MIN. They acquire nv their services mari
time lieu upon the property and quasi joint pos
and an interest In q successful issue to their sal
wage efforts, which entities them to be consulted
in the adoption of measures to save the property
where the possession OF the property is tempo
rarity lett vacant by the master, owner or salvors
in situation OF peril though not finally abandoned
and legally derellct he who, bona Jide taxes pos
session and saves 1t will not be treated as tres
passer, but as salvor, and will entitle himself to
accommodation according to his merits. Tne Bee,
Ware, $40; brig JnO Gllpin, Ocott rep. 1877
Several officers of Marine Insurance COMPANIES
with whom the reporter c0nversed but who were
unwilling to have their names published, stated
that they believed that the Europe was dcto and
de jre derect when the Captain lett the vessel to
20 the Greece. and that the fact that he left no
lights his vessel and that the distress signals
were found still flying at her masthead the follow
ing morning was proof positive that when he did
leave her ne had no intention OF returning-no
dni1a,ls reUertendi; in fact he did not believe she
would be a1oat any length Of time. However,
they said that, IKE the master and crew OF
the vessel spoken of In the books as having struck
on HasbOrOugh Sand, and who, when ne wanted
to take possession OF her the next day, when she
found all right, the captain Of the Europe made
an attempt to return to MS vessel under "new CIR
cumstancesn than those which prevailed " hen he
left her, and that therefore, his subsequent
change Of opinion under new circumstances,, and
his alleged attempted return would not have saved
the vessel "fr0m having become derellctn