Alexandria Advertiser And Commercial Intelligencer

IRISH HIGH COURT OF ADMIRALTY.

BEFORE J. BARRINGTON, LL. D.

Anderson and others, vs. the owners of the brig Jason and cargo.

There were suits instituted for salvage by B. Beverly of London merchant, owner of the Snow Tapster, of Norfolk, and of John Anderson, captain of the Tapster, who claimed for and on behalf of himself and crew, and of a person of the name of Myles Hughes, a person on board the Tapster, who likewise libelled against the said brig Jason and cargo, as a sailor for preserving this vessel and cargo from destruction.

The facts of this case appeared to be as follow: The snow Tapster, the property of Mr. Beverly, being on her passage from Norfolk, Virginia, to Cork, discovered the brig Jason about 30 leagues to the southward and eastward of Cape Clear, with her head to the north under a close reefed main top-sail, and apparently in much disorder. Captain Anderson imagining she was in distress, hauled his wind and made a stretch to fetch the brig Jason, and on hailing her received no answer; he therefore dispatched his mate and two of his seamen on board, who shortly after returned, and reported to him that the vessel was totally deserted—that there were four feet and a half water in the hold: that it appeared to them that it was the intention of the persons who abandoned her to have sunk her, as she was scuttled; and that she was laden with sundry articles of merchandize. Captain Anderson thereupon made such judicious arrangements as he thought advisable and brought this vessel and cargo in safety into the port. The other parties who claimed salvage were O'Meara mate of the Tapster, and Richard Walker and Patterson Morris, seamen, who were put on board this vessel to navigate her, under captain Anderson's directions.

The case was argued by advocates for the respective parties,—the owners of the Jason and cargo submitted to such reasonable compensation as the court might award.

The learned Judge, with much ability and legal knowledge laid down the law respecting salvage, and particularly the duty of salvors in cases of this kind: he adopted the doctrine of Sir William Scott that the exact service performed was not the proper test for the quantum of reward, that it was for the interest of commerce and navigation that a considerable reward shall be held up: and that if meritorious salvors are to be paid at all, they ought to be paid liberally; in this case the court taking into consideration, that if this vessel and cargo was not opportunely saved by captain Anderson and crew, inevitable destruction must have followed; he, therefore, decreed them the one half value of the ship and cargo, which was distributed according to the respective rank and exertions of the claimants.