326 



ANNUAL REGISTER, 1818. 



be ample. The learned counsel 

 for the salvors entreated the 

 Court to remember, that the hull 

 and property were picked up in 

 the tempestuous month of Fe- 

 bruary, and at a distance of 24; 

 miles off the Lizard Point: these 

 circumstances, added to the very 

 laborious efforts of the salvors, 

 entitled them, he contended, to 

 more than a moiety of the value ; 

 and when the heavy expenses 

 incurred were taken into con- 

 sideration, and the great number 

 among whom salvage was to be 

 distributed, it was evident that 

 even such an allotment would be, 

 in fact, less than a moiety. 



Dr. Adams observed, that be- 

 tween the opposite counsel and 

 himself there was no difference 

 as to facts ; the only question at 

 issue between them was the 

 amount of remuneration to be 

 made to the salvors. He must at 

 once declare his conviction, that 

 the proposed one shilling and 

 three-pence was by no means an 

 adequate allowance. The vessel 

 was abandoned on the 9th, and 

 not discovered until the 13th of 

 February; at that time she was 

 riding with her keel upwards, and 

 a part of her cargo floated out ; 

 she had, therefore, been at sea 

 four days in this destitute con- 

 dition ; and, no doubt, in twelve 

 hours more the whole of her 

 cargo would have been dispersed 

 on the sea. The salvage effected 

 by his party was, therefore, pro- 

 portionably great. It ought also 

 to be remembered, that among 

 the salvors were a King's officer, 

 (Lieutenant Little, commander of 

 the Hind, and his crew of 40 

 men), besides the others em- 

 ployed, viz. 90 additional hands, 



for the purpose of raising her, 

 and towing her into port, which 

 was not achieved but with incre- 

 dible labour. On the whole, he 

 should conclude with observing, 

 that the Court would not exceed 

 the ancient rule of its practice, if 

 it even decreed salvors a moiety. 

 Dr. Arnold felt that this was a 

 case visibly distinguished from 

 others of the highest mei'its, in 

 which the court had rewarded 

 salvors for the absolute risk of 

 their lives, as well as for their 

 exertions. With its permission, 

 he would refer to two or three 

 cases in point. In that of the 

 Trionfo, a Portuguese ship, 

 (adjudged in 1803) that had been 

 run foul of b)' another vessel, and 

 abandoned by her crew, and, 5 

 days afterwards, was fallen in with 

 by two of our frigates, whom it 

 occupied 4 days to bring her in ; 

 the value of the cargo was about 

 16,000/., and the Court held that 

 a third was a sufficient salvage. 

 The Two Brothers, Forraan, 1808, 

 was found at sea, driving before 

 the wind towards the enemy's 

 coast (Jutland) ; the salvors were 

 S men and 2 boys ; the court gave 

 700/., which was onl)' one-fourth. 

 In the case of the Francis, Pas- 

 more, 1809, where the value was 

 2,000/., the court allowed salvors 

 only 600/., which was less than a 

 third. The Eglantine, in Fe- 

 bruary, 1812, was found at sea, 

 derelict, by the Cumberland West- 

 Indiaman ; the Court did not con- 

 sider that there was any danger 

 to the salvors arising from the 

 weather at that time ; but that 

 great merit was due to them for 

 embarking in a vessel, to bring 

 her into port, that was in so un- 

 protected a state : the salvors 



were 



