The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-16
Flotsam, Jetsam and
oo Derelict.
THE LEGAL LORE OF THE DEEP
Whom ID Ship Cast Away and How Is She
10 Afford Salvage to Her Captors!
JUDGE BLATCHFORD's OPINION,
Celebrated Gases in Which Salvage Has Been
Claimed and Recovered.

n
The accident which happened to the French
steamship Europe In midocean, together with the
rescue OF all her passengers and crew y the
Greece, the attempt OF the prize crew to save the
doomed vessel and her subsequent abandonment,
has directed the public mind toward the question
Of the law OF salvage, its peculiarities, the per-
centage allowed and the circumstances which
govern courts in adudicatIng here and in England,
the admiralty laws being the same in both coun-
tries and as there Is very little known about these
laws which are, in fact, OF seml-barbaric nature,
the opinion OF Judge Batchford, an emf
nent authority, and some or the principal sal
wage cases are given below. The cases are very
interesting. and win be OF great moment to all en-
gagged in commerce, as well as those who go down
TO the sea In ships.
JUDGE BLATcHFoRD ON SALVAGE.
A conversation was had with Judge Samuel
Blatchord of the United States District Court for
she Southern district OF the State OF New York,
on the all-pervading subject OF salvage, at his
once, In the United States building In Chambers
street. Judge BlatchfOrd Is also q Judge in the
Admiralty courts, and Is believed TO be the best
informed gentleman on the Bench III regard to the
subject OF maritime laws. The Judge was found in
his ONCE busily engaged in writing, and very
kindly answered all questions that were asked
him.
hEPORTER-l nave come TO ask you, Judge BATCH
ford, for some information regard to tins question
OF salvage ana its incidents as they are connected
with this very exciting case OF the Europe and the
Greece. Was the Europe abandoned and derelict
in law when Captain Lemarie and his officers left
her to go on board OF the Greeces
Judge BLATCHFORD-I know nothing Of the Cir
cumstances OF the case. / believe that the law
holds that there must be intention at the time OF
leaving the snip to abandon her for good
MISUNDERSTANDING, to make o case, that Cap
tain Lemarie has made o true statement when he
says that he intended and wanted to go back to
mis- ship, and that the Captain Of the Greece and
his oficers, for the purpose of securing sum bv
salvage. were determined to send prize crew on
board OF the Europe and that Captain Thomas
had retained Captain Lemarie on board by force,
what offence would the officers of the Greece have
committedP
Judge BLATCHFoRD-No criminal offence In law.
REPoRTER-Let me suppose another case, Judge
Had Cap tain sLemare, desiring to 60 back to his
ship the next morning after he left her, on con-
sultaton with his officers and crew on board Of the
Greece. determined to force his way even to the
ing been cast loose or adrlfr-and should he actu-
ally have forced his way back to the deck OF his
own ship BY violence, what would his offence have
Judge BLATCHFoRD-No criminal offence in law.
These are abstract questions which you have pro-
REPoRTx2--May ask II the prize crew OF the
Greece, which went on board Off Europe, having
possibly navgated her Tor considerable distance,
and were bearing some particular port and then,
finding her in dangerous condition, should leave
her or be taken on, as the Greece crew were by
the Egypt, ana that the Europe to DRIFT after
all her troubles into port safely, would the prize
crew be entitled to salvage
Judge BLATCHFORD-NO, not penny That would
be q second abandonment. Putting prize crew
tte pre y to e be
be changed but by the adjudication OF court. The
libel must be filed on entering port with prize
return in an English or an American court. The
same principles OF Admiralty law govern IN both
countries.
REPoRTER-Supposing then, that the Europe at
the close of her wanderings should DRIFT into an
English port in deserted condltion. to whom
would she belong
Judge BLATCHFoRD-To her original owners Of
course-the French Company. AS l said before,
the title OF property cannot be changed but by the
order OF q court. There would be some charges,
OF course, to those persons who should secure her,
and small percentage would, no doubt, be al
REPoRTER-Have prize crew any right TO break
bulk Or take valuable property with them from the
are leaving is about to sink?
Judge BLArcHFoRD-Such taking OF property for
any such purpose = robbery on the nigh seas
property. The property, ship and all must be sur
rendered to the Court on arrival at the port
REPORTER-Wnat are the rates OF salvagep
Judge BLATCHFORD-There Is a maximum and
minimum figure. However, circumstances must to
although 1t cannot grant or allow more or less
than certain percentage.
REPORTER-On this question Of breaking bulk or
saving property, should the prize crew of the
Greece, who were put BOARD OF the Europe,
think Mt, on being taken OF by the Egypt, andin
fear that she was in danger, secure the personal
effects, clothing. jewelry, anything valuable be-
longing to the officers OF the Europe, in or 10 pre-
vent waste Of property, would they be permitted
by lawf
Judge BLATCHFoRD-Not at all. Nothing can ba
touched until the Admiralty Court has given its
decision. They may let the property 60 the bot
tom, but they must not take it; yet there Is law
to prevent any person restoring property to its
rightul owner and they might restore the per.
Europe; but they must not expect when they
take those personal effects, to have power to
claim any share In them.
To some other questions Judge Batchford an
swered that they were OF too abstract nature to
be replied to or decided upon except IN Court.