53 Geo. 3. c. 87. Time for claiming goods, that may be thereon, and of such other particulars as may the better enable the owner or owners thereof to recover the same, and also of the place or places where the same are deposited, and may be found and examined by any persons claiming any right to such wreck or goods, nor until the full expiration of one whole year and a day after the delivery of such notice, any thing in any law to the contrary notwithstanding; and the deputy vice-admiral or agent aforesaid shall, within 48 hours after receiving such report, transmit a copy thereof to the secretary of the corporation of the trinity house of Deptford Strond, upon pain of forfeiting, for any neglect to transmit such account 50l. to any person who will sue for the same; and the said secretary shall cause such account to be placed in some conbe inspected. spicuous situation for the inspection of all persons claiming to inspect and examine the same: provided always, that nothing herein contained shall extend to repeal, or in any manner to affect, any of the provisions of the foregoing act of 52 Geo. 3. Account to How perishable goods with, 3. Rule 42. When any goods which shall be found or taken possession of by any lord or lady of any manor, or person entitled or claiming to may be dealt be entitled to wreck of the sea, or to goods found floatsam, jetsam, or lagan, (a) or his or her agent or servant, or by any vice-admiral or his deputy or agent, or by any officer or other person whatsoever, acting by the authority of either of the last three preceding acts, shall be of so perishable a nature, or so much injured or damaged that the same cannot be kept, then such goods may, at the request of any of the persons interested or concerned therein, or in the saving and preserving thereof, with the consent and approbation of some justice of the peace not interested or concerned in the same, or in the saving or preserving thereof, and in the presence of such justice, or of some person for that purpose specially appointed by such justice, be sold by public auction, or private contract, as such justice may direct by some writing under his hand, which writing shall contain an accurate and particular account of the goods, and of any marks that may be thereon, or other particulars belonging thereto, and of the times and places of the finding and intended sale thereof; and the money raised by such sale, after defraying the reasonable expenses of the sale, to be settled and allowed by such justice, shall be deposited and remain in the hands of the lord or lady of the manor, or other person, or deputy vice-admiral who would have received the custody of the goods so sold, to abide and be subject to the claims of all persons in like manner as the goods themselves would be subject if remaining unsold: Account of provided always, that all persons required to transmit reports to the deputy vice-admiral, of the finding of any goods, shall in case of any such sale as last aforesaid likewise transmit to such deputy vice-admiral an account of such sale and of the proceeds thereof; and the said deputy vice-admiral shall forward such reports to the secretary of the trinity house of Deptford Strond, within the like periods, and subject to the like penalties and forfeitures for any neglect therein, as in cases of any goods found and required to be reported under the provisions of the said act and this act. Where money arising from sale to be deposited. sale to be transmitted. Carriages Rule 43. It shall be lawful for the deputy vice-admiral of the part passing over of the coast where any vessel shall be stranded or wrecked, or where any wreck of the sea or goods shall be cast on shore, and for his agent, and also for the owner or master of any such vesse, and for the lands, § 4. (a) See the note (a) to Rule 15 of this title owners of any such goods, or of any part thereof, and for any officer 53 Geo. 3. of customs or excise, and other officer, and for all persons what- c. 87. soever employed or acting in aid of, or in the assisting of, any such deputy vice-admiral, officer, master, or owner, in the saving or recovering any such vessel, or the cargo, stores, tackle, or other articles belonging to the same, or the preserving the lives of the crew or persons belonging thereto, or of any wreck as aforesaid, to pass and repass with their horses, carts, carriages, or servants, over any lands near to the part of the sea coast where such vessel shall be so wrecked or stranded, or on which such wreck shall be cast, without interruption or obstruction by the owner or occupier thereof, for the purpose of rendering assistance in saving, recovering, and preserving any such vessels, or goods or stores, or articles belonging to any vessel, or for saving or otherwise assisting in preserving the lives of the crew, or of any persons on board of any such vessel, or for the taking possession of, and securing for the benefit of the owners thereof, any wreck or goods, or other things cast on shore, or found on shore, or found near thereto, provided there shall be no road by which the parties may pass and repass with as much convenience and expedition as over such lands, and also to place any planks, timber, or any part of the Depositing wreck, or any goods or stores removed or saved from any such vessel, goods upon or any other wreck or goods aforesaid, upon any such land for a reasonable time, until they can be removed to some warehouse or safe place of deposit, making compensation to the occupier of such Compensalands for any damage done by the means aforesaid, which compensa- tion. tion shall be a charge upon the wreck or goods in respect whereof the damage may be done, in like manner as salvage; and in case the parties cannot agree as to the amount thereof, then the same shall be ascertained and settled by two justices of the peace, or of a third person to be named by them, in such manner, and within such times, as the amount of salvage is directed to be ascertained and settled by 49 Geo. 3. c. 122. (a) lands. passing over Rule 44. If any owner or occupier of any land or premises, over Refusing which any person is authorized by this act to pass and repass, for any persons of the purposes in this act before-mentioned, shall interrupt, impede, lands, 5. or hinder any such person from passing over his land or premises with horses, carts, carriages, and servants, for the purposes in this act before-mentioned, or either of them, by locking his gates, or refusing upon request to open the same, or otherwise, or shall obstruct or hinder the placing any wreck, goods, stores, or other articles upon his land, or shall prevent their remaining there for a reasonable time, until the same can be removed to some warehouse or safe place of public deposit, such occupier shall forfeit 100l. to any person who will sue for the same, to be recovered by action of debt. Rule 45. Any question in relation to salvage of any vessel, or of Jurisdiction, any goods, which shall be performed between high and low water § 6. mark, shall from 2d July, 1813, be deemed to be within the jurisdiction or cognizance of the high court of admiralty, or of His Majesty's courts of record at Westminster. Rule 46. In every case in which any damage shall be done by any Damages by foreign vessel to any British vessel, barge, boat, or other craft, or any foreign vesbuoy or beacon in any harbour, port, river, or creek, and it shall ap (a) See Rule 36 of this title. sels, 7. 58 Geo. 3. c. 87. pear on a summary application made to any judge of any of His Ma- Newman against Walters.-Feb. 9, 1804. The case was tried before Lord Alvan- about to let go the anchor, by which the ship would probably have been lost, but was prevented by the interference of the plaintiff, and that the plaintiff brought the ship safe into Ramsgate harbour. Two letters from the defendant to one of the underwriters were read in evidence, in both of which he expressed his belief that the plaintiff had been the means of saving the ship; and that in the account of the general average given in by his broker, he had put down 2002. as the least possible sum which could be given to the plaintiff by way of compensation, but that whatever more might he allowed to him would afford him satisfaction. It was objected, that under the above circumstances the plaintiff was not entitled to claim for salvage, and his lordship rather inclined to that opinion, but directed the jury to consider what compensation the plaintiff was entitled to. The jury found that the plaintiff, after the desertion of the ship by the captain, took upon himself the care and management of the ship, which would have been lost but for his exertions, and gave a verdict for 400l. Early in the term a rule nisi for a new trial was moved for, first, on the ground that the plaintiff, under the circumstances of this case, was not entitled to recover any thing; and secondly, on the ground of the jury having given too large a compensation to the plaintiff, supposing him entitled to recover any thing; and the rule having been granted on the first ground only, Shepherd and Heywood, sergts, now showed cause, and Cockell, Bayley, and Best, sergts, contrà, After argument, the case stood over till the next day, when the learned judges delivered their opinions. the direction of the ship; he did more than was required of him in that situation, and having saved the ship by his exertions, is entitled to retain his verdict in this action. Heath, justice. My lord has entered so fully into this case, that it will not be necessary for me to make many observations, The character of a passenger differs materially from that of a seaman or one of the crew. The passenger, in consideration of an undertaking from the master to give him a passage, contracts to pay a sum of money; all the residue of the contract is in his favour; the master is bound to carry him to his place of destination, but the passenger may give up his passage if he please and quit the ship, unless under very particular circumstances. If indeed the ship be attacked he must defend it, and he will be entitled to prize money. But if the ship be in such distress that she can only make her way by pumping, it is the duty of the crew to keep her alive until she arrive at a place of safety; yet if the passenger meet with another ship at sea, he is at liberty to abandon that on board of which he has taken his passage. So here the plaintiff, if he had pleased, might have gone ashore. It does not appear that the weather was stormy, or that there was any other circumstance to prevent him. The merits of the plaintiff were expressly recognized in a letter from the defendant, who acknowledged that the ship was saved by his skill. It seems to me, therefore, to be the same as if he had given express orders to the plaintiff for his conduct. I am therefore clearly of opinion the plaintiff is entitled to his verdict. Lord Alvanley, C. J. (after stating the case). The question is, whether the plaintiff in this action be entitled to recover any thing? I was rather surprised to hear it contended, that when the person who had the command of the hip had deserted her, the plaintiff who was a mere passenger, was bound to interfere for her safety. The crew indeed ought not to desert the ship so long as they can possibly remain on board, and if the mate in this case had saved the ship by doing what the plaintiff did, he would not have been entitled to claim a compensation in the nature of salvage. I do not go the length of saying, that a passenger who is found on board in time of danger is to do nothing; he must do Works of necessity for the preservation of the lives of all on board. But here the plaintiff did more than he was called upon by his duty to perform, for when he took upon himself the direction of the ship he made himself responsible in the same manner as if he had been master. This be was under no obligation to do. In summing up this case to the jury, I stated to them that this was not literally a case of salvage, but I have since been induced to alter that opinion, particularly by what is reported to have fallen from Sir William Scott, 1 Robinson's Admiralty Rep. p. 306, respecting the claim of a pilot praying salvage; for there he says," it may be in au extra"ordinary case difficult to distinguish a "case of pilotage from a case of salvage, properly so called: for it is possible that the safe conduct of a ship into a port, under circumstances "of extreme danger and personal exertion, may exalt a pilotage service "into something of a salvage service." Suppose a tempest should arise while the pilot is on board, and he should go off in a boat to the shore to fetch hands, and should risk his life for the safety of the ship in a manner different from that which his duty as a pilot required: in such case it seems to me that he would be entitled to a compensation in the nature of salvage, and I am glad that Sir William Scott appears to entertain the same opinion. Without entering into the distinctions respecting the duties incumbent on a passenger in particular cases, I think, that if he goes beyond those duties, he is entitled to a reward in the same manner as any other person. In this case the plaintiff did not act as a passenger when he took upon himself interfere. (a) 61 66 46 Rooke, justice. Under the special circumstances of this case, I think the plaintiff is entitled to recover. The plaintiff, who was a mere passenger, might have gone ashore in the boat without danger; but being desired by the mate and all the crew to stay and take the command of the ship, he did so. This may be considered as a retainer by the only persons who were the agents of the owners at the time. When he comes on shore, one of the owners recognizes his conduct and approves of all that he has done. Ou this special ground I am clearly of opi nion that this action may be supported. Rule discharged. BOSANQUET and PULLER'S Reports, vol. iii. H. T. 1804. See now 48 Geo. 3. c. 130. § 21. and 49 Geo. 3. c. 122. § 32. extending to cases where officers of customs do not (a) See Rules 33 and 36 of this title. M'Dougle against the Royal Exchange Assurance Company.—Jan. 24, 1816. Debt on a policy of assurance upon a cargo of oats on board the ship Beaver, at and from Barnstable to London, and the plaintiff claimed as for a particular loss exceeding 51. per cent. it being agreed by the policy that in case of particular average occasioned by the ship being stranded, to pay so much thereof as should exceed 5 per cent. Upon nil debet, the case at the the trial before Lord Ellenborough, C. J. was thus: tainty would follow if it did; for then it might be asked, what portion of time shall be sufficient, shall it be half or a quarter of an hour? Therefore to avoid such uncertainty, the stranding of the ship is to be determined by whether she he actually stopt or not, without regard to the time for which she is stopt. The ship in coming out of New Grimsby, where she had been driven by stress of weather, with a pilot on board, struck upon a rock, about the distance of a cable and a half's length from the shore, and remained upon the rock a minute and a half. The captain swore that the ship was laid upon her beam ends when she was upon the rock. And the question was, whether the particular loss occasioned by this accident was a loss occasioned by the stranding of the ship. His Lordship ruled that a stranding imported some degree of continuance on the shore, and not merely, as it was commonly termed, to touch and go; and the plaintiff was nonsuited. (a) Scarlett now moved for a new trial, and referred to Dobson v. Bolton, (b) and argued that this appeared to be such a striking on the rock as constituted a stranding. For if it be a mere "touch and go," that is, a scraping of the ship's bottom so as to impede her velocity without actually stopping her course, this will not amount to a stranding; but here was an actual stoppage of the ship in her course, and though it was but for a minute and a half, yet the period of time does not determine whether a stranding or not; and great uncer Lord Ellenborough, C. J. The evidence was, that the ship in coming out of harbour struck on a rock, where she remained a minute and a half, to the best of the captain's judgment. If this constitutes a stranding, it will come to this, that an instantaneous stoppage of the ship's progress must be a stranding, the most minute portion of time that division is capable of will be enough, But I take it that stranding in its fair legal sense implies a settling of the ship; some resting, or interruption of the voyage, so that the ship may pro tempore be considered as wrecked; from which misfortunes a vast deal of damage does frequently occur. I really thought at the trial that there was more waste of time than such an inquiry needed. Le Blanc, J. There must be some settlement of the ship on the rock or piles, or whatever the place may be, to constitute a stranding. Bayley, J. According to the argument, if a ship in coming up a river should happen to ground but for a minute, though this does not make it necessary for her to shift a single sail, it will be a stranding, and the ordinary exception in policies of assurance will be gone. Rule refused. (c) (a) See 4 Campb. N. P. C. 283. 1 Stark. N. P. C. 180. MAULE and SELWYN's Reports, (b) Park. Insur. 177. 7th edit. (c) See Harman v. Vaux, 3 Campb. N. P. C. 429. Baring v. Henkle, Marsh. Insur. 943. |