The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-10-31

Q the sale as evidenced by the Mar
q shal's return.
I The libel is drawn against I2Ot
+ bags Of sugar, but upon footing VI
] the number OF bags as set forth il
the body OF the libel there is found
; To be 12l6 bags, which is the number
, sold, and the calculation is based
upon the later amount"
By tie Court:
As regards the amount of salvage
decreed we are of the opinion that il
Is excessive. We do not question
the principle LAID down by Chief
Justice Marshall in ''The Sibyl" a
Wheaton, So, that lin a case of civil
salvage where the amount Of salvage
Is discretionary; appeals should not
be encouraged upon the ground of
minute distinctions of merit; nor will
the Court reverse the decision of an
inferior Court, unless it manifestly
| appears that some important error
had been committed" In 1865 in
structions were given by the British
| Board of Trade to. the receivers of
wrecks of Great Britain, which en-
bodied the results OF the decisions of
English and American Courts of
Admiralty - There must be con-
sidered in claim for salvage:
a. The degree of danger from
which the lives or property are res
cued.
(2) The value Of the property
saved
(3) The risk incurred by the sal
vors.
~ The value of the property en-
ployed by the salvors in the wrecking
enterprise, and the danger to which
it was exposed.
(5) The skill shown ia rendering
the service.
CO. The time and labor occupied.
The Sandringham, 10 Fed. r. SIS.
We adopt these principles as ap. |
plicable to cases of salvage.
Salvage Is a reward or bounty, |
exceeding the actual value of their
services, given to those by means of |
whose labor, intrepidity and per
severance a ship or her goods have
been saved from shipwreck or other
dangers OF the seas ! Bell. Com.
Judge Story ia the Henry Eu5ank
Sum. 400 said, The law d,aes not
stop with a mere allowance to the
owner (of the salving vesseD OF an
adequate indemnity for the risk so
AIKEN. 1t has a more enlarged |
policy and higher aim. 1t looks to
he common safety and interest of :
he whole commercial world in cases
II this nature; and it bestows upon
he owner liberal bounty to stlmu-
ate him to just zeal in the common
ause, and not TO clog his voyages 1
With narrow instructions which ]
hould interdict his master from sal
age service. = + = The law
fers not a premium of indemnity ,
My but an ample reward, measured :
y an enlightened liberaIity and 8
orecast."
The following are cases bearing ,
pon this matter: :
The Camanche, s Wall, las. Here
he Supreme Court of the United t
states refused to reverse the salvage
ward by the Court below. A wreck g
ng company agreed for $4,000 to :
ave the cargo OF the ship Aquilla I
'hich had sunk in San Francisco
arbor. The cargo consisted of the
'onwork and materials for the con- L
truction of the monitor ''Camanche," L
lso her guns, shot, she'll and stores, =
tc., all of which were valued at Q
100000. The salvage service lasted &
bout three months and $4,000 was
oent by the libellants. Q
The Sandringham, 10 Fed. R, 573.
j this case steamer, worth, with "
or cargo and freight, valued at q
100000, was stranded on Cape .
enry, within 100 yards of the .
lore, where the currents Of tho -,
hesapeake Bay, encountering those 3
the ocean, are often very danger 2
Is. Salvors, with a large force OF ?
ssels, wrecking apparatus and y
en-, after week Of hard and dang ~
Gus labor, in which the highest de- y
ee of skill was shown, succeeded l.
getting off both vessel and cargo Il
successfully as to allow them to- q
oceed on their voyage after repairs =
the ship. One fourth Of the com 8.
ned value of vessel and cargo, and al
half the freight, was awarded as p
lvage. Al
In the case of "7He Fai,c1tld." go al
ID. r., 700, schooner (the Fair =:
ild) was run aground on an ex- VI
sed bank six miles ont to sea, and =
gan to pound heavily, and was a.
andoned by the master and crew, VI
d was found by another vessel the w.
1t day eleven miles out to sea and el'
fling seaward, abandoned, with II II
} matches open, and the waves ~
shing over the deck, and in danger vi
filling. She sold for S2051. 81 Io'
Id, she was derelict and five hun Pc
ID dollars was allowed for salvage Ia
the owners and crew Of the saving az
sel the Mary Odell.
n the case of "TNe Zregura0," so as
d. Be. GAG, the Court (January, tn
~, awarded twenty-five per cent We
salvage. The steamer Tregurno m'
5 stranded on the Florida coast III
sntyfve miles from Cape Florida, IE'
nearest anchorage. She was ap- gu
Used with her cargo of cotton at gre
u, 1876. The cotton saved was al
nsported 15S miles to Keywest-
3 wrecking force consisted of if pr
n vessels aggregating 4S9 tons pr
nearly 200 men and the salvors sn
e engaged twenty five days. H Ine