.7 •2 I THE ^MARINE RECORD. ■i. ' . MAUINK LAW. SAi.VAOH. In the VIce-AilmlmUy Court of the Bahamun, " ' ■ Oct. mil, Jsss. His nnnnv Henry Wllljnm AiihIIii,«Jiii1ko • ami ConimlsAiiry. John Solomon Kelly, tho muster, nml owner of the IIiiIiiiiiih wreeklnu hont Threo Sisters, nml others In oniino'rt- 'shlp with iilm; /ifflilimt the.ni^flsh hrlf( IVer- . loan, her tiiokle, npparul nnd furniture, eiii-go mill ln;l({lit.—Ciiiice of"B!ilviiKu, ,' "7 " Tho yaniitllnn lirlg L'eeilesh.of iihOnt-IOS ' touf, Iiii.vIiik on lionnl n uurgo of sn^ir, limn ' Slipim, In iIip. , Iriluiul of Culm; lioujiil for !N«w York.Unlled Hlnt.es of Ameilen, inn" • nground In the vlulnlly of Henlt's Cay, on- tho little Hnlniinn Hank (Ilaluiinas Islen) on the 21 at of August Inst. When she was first •dlseevered In that pohltlon was on tho niter- noon of that day by one of the ore'wofthe Three Sisters,,iniu-li"!' Ji'lin .Solomon Kelly, •-who hoarded her soon nftrrnml oll'ored his services lo tho cuptii'ii oi the IVoi-Ichs. Ills ' servlees were declined, (hi' enptiiril wij-lnjj that he Inlcndvd to try rind j!ct tier nil' liini- . Btlf. She was then (mij-s the petitioner) lyliiR on her port side; the1 wind then iiioilernlo; sho wns enreened over, Inn did not Btrlke or work-lienylly^ Kelly then returned to his boat, Urn Throe Sisters nml uimic to an michor nenr by the brlp, so asro render any servleos , required later, 'the next liiiiiiiliif; the brig wns still In the same petition, when Kelly again boarded 'her nml had a conversation with the uaptnln Mid oll'ered his services lo g6t her ell'. He. wns then asked by the cap¬ tain what he wo'itil take to carry out an anchor; lie said C1C10, and then agreed for £')0j Another wrecking vemel, tla-A'd\ance, having then arrlvd, an anchor was can led opt, ami the brig was then hauled up to the .. nnchoi by her ciew, No attempt a|ur llik ' was made to get the brig out ol hoi portion for two hours, by which'time scvenil other wrecking vessels had nrilved, when the cup . tain of the bilg consented 'that one ol the promoters, the said John Soloinolr.Kelly, , should try to get her oil. The next thing done by the promoters, oi some ol them, was to carry out another an¬ chor Into deeper \yatei,nird having lightened the brig by removing tismall iwrllon of her enrgo (some 118 hogSbends,) which were placed on board different wrecking \e»sel« which came alongside the brig. She then Honied nod proceeded to a more secure -, a'nehornge, and'soon alter some twenty of tlle-salvois having boarded her, she sailed for the port of Nassau, whqre she arrived on __flu: 30th of August. Some thirteen wieck- iug vessels took a part, it Is said, In render¬ ing this assistance, and thirteen of these ves¬ sels brought portions 'of the cargo ho re¬ moved from the brig to the port of Nnti«ii(i. Thoj' are naniod in the petition. -When the brig reached the port ol Nassau, which she. did on the 30th of Augilst, she was placed In Jfco hands of n consignee. The wrecking vessels with tho Biigar arrived previously the salvors gnve up the cargo, and It was discharged under the direction of the con¬ signee. Mr. Johnson, who represented certain Underwriters In America, wns io- qucsted by the captain of tbe.brig to settle the salvage, and ho undertook to do so. The promoters asked $8,000 lor the salvage, w hlch Mr. Johnson thought too much, but he then ollercd, Kelly Buys, £500, with wreck mas¬ ter's fee ot ££0.- Subsequently, on tin 8jli of September, It Is alleged by the promote)*, the brig was very considerably Injured,by a hurricane,.-and that one ol the wreckers' vessels, the Encliaiiliess, was totally des¬ troyed in the port ol Nassau. A warrant of arrest against the said brig lind cargo Issued outof tjie Court on the 13th of Sopteiuber.iast and was returned and filed on the. Mtli; and altcrwards a Commission of Appraisement issued In diie'.form; and the report was Hied on the 2d of October Instant, when a tender was luade In this Court by the owners and muster <lf the Bald brig, the respondents, of i'580—£500 for the salvage "with £20 for the wreck master—which tender wns refused, Hcn.ce this contestation, The promotere contend that their services have been the means of saving the brig anil hor_eargo from total loss, that tho brig was rescued by them from great peril, and that bJio has been saved by their skill mid ex¬ ertions, and that they are entitled to a very lfbofnl salvage. On the otherslde, It Is mrftl that the services rendered were not iiiuri-1 tnrloiiB, but merely work and Inbor that tho brig wns 'Ih no peril, that the. number of wrecking vessels and salvors were excofcalvo mid unnecessary, and wero not engaged by the captain of the brig, but by John Solomon Kelly, and the tender of X'.'iSO made by them as ii reward Is ampre. l'lnust firstly, boo whether tho brig was In peril when the promote!fl rendered their assls'tanco, for the kind nii.1 degroo of peril of which tho proporty wns exposed from" Important .considerations. No salvngo can be earned unless the peril wns real—not speculative merely (Marvin's own words.) Justice Story (American) lilts well said that -falvngo is n compensation for tho rescue ol properly Iron! present, pressing, impending pcills, and not for. the roscuo'of property from poBslblo tuturo perils (roforrcd to by Marvin.) It Is argued for the promoters that tiie brig wns In-peril, that but for their services sho would have been totally lost. On flu! other side, If is said Hint sho wns In no peril nt nil, mid" Mint tlie salvors' com¬ pensation must bo merely pro opire ct labore. The Court was referred to tho chart to see the peril. It has not convinced me thnt thei o was any real peril. Tho better evidence In the case nppcnrs to me thnt no Injury wns done, to the vessel; that rho wns lying on sandbanks; that the wonthor was not boister¬ ous; thin. Bhe hud not worked or labored when aground (allegation found in the petition;) that she-moved when the anchors were carried out; thnt alio floated when eased ol only a small portion of her cargo, and iliat the small vessels which qalne along¬ side the brig to take In tho 1)8 hogsheads of sugar experienced no dlfllculty. The weather must have been calm; The salvors, with their hands, wore only some thirteen hours removing the cargo transferred to tho wreck- eis. After the brig reached the port of Nassau, which she did ou the.30th August (whither she came at-tlie desire of her captain to be examined)—_n,mirvoy wns held upon her by experienced"inon, and she. was reported to have received only some slight Injury; and It also apponre'tlmt hoi- cargo was not dam¬ aged. All I Ills shows the Court thnt the vessel was not hi much poril, If any, when the salvors rendered their asslstapoe. "The Tierll was not real but speculative merely."— The' words of .fudge Marvin again—Subse¬ quently the said brig was much damaged by a liiirilcane, wlik-li visited these Islands ami the port of Nassau on the Olli September hist, and the promoters allege that she hail depreciated In value; that sho was Worth t; 1,130 when .she arrived In this port; that there had been negligence of the consignee in caring lor her; and delay In settling tho salvage, which had brought about this dam¬ age; the destruction also by the same storm of one of the wrecking vessels, tho Enchan¬ tress, when in tlie port«f Nassau, mid It Is said that these matters ought to be estimated by the Court in any award oTTsalvngo. The destruutlon'of the brig by Iho hurri¬ cane Is n loss which must fall upon the pro¬ moters ns well as upon tho owners of the brig, and tho Court^cniuiot see upon what principle of law iflt'tl 'Jtistleo tho destruction of tho Enchantress Is to bo estimated. Her dt'Htiuctloii was not caused when she was In the port of NaBsau. The Court also finds that the larger num¬ ber of vessels and tiien, said to have jmrticl-' pated in assisting this brig, was unnecessary and im]'!U(Jjjii l/,cd by the captain ol the brig. It wiib also contended that Hie condition of salvors In the Bahama;) wns exceptional and that the dangers nr.d hardship they undergo ere more severe than elsewhere, and that they are tlicrctore to be more liberally doalt with by the Court. / The Court does not think so. The case ol. Gol-o vs.' Bellini—ah appeal to the Privy Council from the Court In 18S8 hero was re¬ ferred to, but If looked at Itwlll bo seen that Dr. Lushlngton In ills Judgement of that re¬ ported eass was not quite of the opinion of the learned .1 udgo who decided that cose, . A few words -in to the general principles upon wltich salvage Is awarded in Engliuiil and America andelhowhere, and upon which many niithilrlljcs have been cited. All text writers agree that the rule la that file remun¬ eration ought to be liberal, looking not merely at the auuuftiHi of the service per¬ formed In the particular Case, but to tlie'ln- tcrejXif navigation niitf commerce, which nit) obviously greatly protected by eneoiirag. Ing exertions'ol this nature; but I consider, hi my humble opinion, thnt on're should ho' taken by courts to guard against exorbitant demands and undue ndvnulnge bolng taken of vessels In distress or dllllctdty. Thopnljcy of tho law is clearly to encourage' (In so far as coiiBlslnut with the.I'lreiinisllfnccs) by llbecnl rewards such services, but not to ex¬ cite the Biilvors's avarice, nor to lead them to devour wlint the ocean has spared,by making too liberal awards. There lit danger here to bo.avolded, If possible. • - The appraised value of the brig is £120,, and of the cargo £,'1,2-10, , ' Tho objojt" of the appraisement under orders Of tlio Court lo guide tho judge In fixing tho salvors' rctnunerntloji witli re-' lerenco to tho property. This l« fohnd In Itulcs and Regulations of this Court ostnb- llBliod In 1801. __— ' Willi these, considerations, and after dire¬ ful examination of the authorities cited on botli Bides, uiid the records, tho Court has come to tho conclusion that, the tender of .tr>80, duly made In this Court, wns n liberal Offer of 'salvngo for biicIi services as were rendered by tlie baIvoi'i? in this ense, and the tonder uml offer of £1)80, according to Us terms of-£B60 for salvage and £20 for wrock- mnster|s fee, is held anil declured to bo good ami valid, and sulllcumt, and maintained with costs up to the lender: Costs subsequent to the tender to be against the promoters, nnd (i decree Is ordered to go in conformity with the conclusions ol thisjudgment. Hon. T. M. Malliews, Q. C„ for Promoters. Hon. O, I>. Malcolm, Q. (J., for Respond¬ ents. - GENEKAL NEWS. It Is reported that the German govern¬ ment will aBk (he IielcliBtng to build fifty tor¬ pedo boats. There are rumors of tho consolidation of tW3 coastwise lines engaged In the southern trade. • _ " • Two hundred thousand feet of lumber in Dnvies Jiros.'mill at Muskegon, Mich., tho property of the Roscommon ^umber Com pimy, burned Thursday. ■ At Peijn Yan, N. Y., early Thursday morning tho steamer Yates burned to tho water's edgo and three boat houses Wero doniag'od. Total loss 12,C00.' The Iron ore ricehii« at Clcvelailirthls season wore 0(!3,807ions, against 003,048 , Fire nt Oshltos'h, Wis., destroyed (175,000 worth of himbor belonging to G. W. Pratt, and about -(10,1)00 worth of Stenlillbcr '& Co.'s. property. But far the arrival of en¬ gines from Undue and Ponddu Lac greater thimngo Would, hiivo resulted. Three dwell¬ ings were consumed, mid tho .occupants of thirty others vacated hastily. 'Thousandsof men removed n largo quantity of lumber. The wood dcnlcrs who had slabs piled in tho mill yards lost In the neighborhood of ?30,- .OCO. ' . ' There Is reason to beliovo that the basis of tlie propos'ed agreement botwoen tho Sues . Canal Company and English ship-owners as . an administration company wlli.be -14 per cent, English^ nnd 60 per colit. French; tlint England in,'well as Franco will lie the sent of nthjilnlBtrntlon; that nil the differences will bo settled by .English tribunals and that all the surplus dividend will go toward'n re¬ duction of transit dues. This Is stated to be the English proposal, but it Is generally supposed thnt Do T.csseps will not consent to the proposition that all surplus earnings shall go toward a reduction of-tolls, but will insist that a portion shall go-to" tho.share¬ holders. A pint of the agreement will be that the'English government ■shall lend £8,000,000 to help the construction of this second canal. tons hist yearpind lhc.«blpmeiits aggregat¬ ed OUjai while in 1882 they wero 078,73j tons.' The Treasury Department has decided Hint, after January 1, 188-1, certified state¬ ments of the tonnage measurements entered upon the registers of Belgium vessels will be received In United States ports as evi¬ dence of their true lon'nage. Messrs. Jantes and George Thompson, of Clyd6 pauk, have icceivod orders from the Cunurd StcaulBtilp Company to construct a stool twhi'Bcrew steamship. "Tho Norway Steel and Iron Works, Sooth Boston, are turning out steel plate9 of ox- ce|lent quality for tho Government crulsersT Samples tnkon at random gave 00,000 pounds lensllo strength per square inch, with nu elongntlon of 81 per cent. The Marino Insurance Association of Yar¬ mouth, N. S., hns reBolved to issue no moro policies until the expiration of the present year. Tho directors' report bIiows ailefl-' cloncy of $30,222.11. Captain Ends Is prepared to undertake the work of securing twenty-llvo feet ol wa¬ ter on Galveston bar—no water, i.o pay. CongrCsB will be asked lor an appropriation for the work and Galveston will no doubt help with the money. " Klrkhiim's coffer dam hns been found of the greatest advantage at tho po'rtof.Halifax. Already tlir'eo steamers which formerly would have had to go'olsawhdrc, have been repaired.ln.lt. The saving in expense tluls effected must cqrtnlnly Jilako- this compara¬ tively inexpensive method of getting at tlie hulls of vessels In order to make" repairs, very popular among'ship-owners. ■ There Is Ulk of bridging,Iho Mississippi at Now Orleans, where the river js 2,400 loot wide. An engineer propoBcsiseven spans ol 300 feet each, ouo to bo a drnw< The plors nro to bo crcosoled piles, driven in clusters, and heavily capped iind'cnsod with jron. Tlie depth of Hie water, will be-no obstiitfhY as tlie' 'piles can uo spliced, Tho' e^ifnjat- cost is to bo *i:i,(i00,000. In a spasm of zealous economy the Qov- flrninent. two years ago, abolished the land, lighthouse at Erie which had been a tieacpn to lake mariners for bo many years. A few gallops of oil have been saved, but many lives will be lost in consequence is tlie opin¬ ion of all the lake captalns^iiud seamen. I'libllu meetings have been held and peti¬ tions gotten up to bring about the restorn- ' Hon of tlie lighthouse, but to no purpose. Human life lias been considered cheaper than oil. A special from 'iel° R"v" "lu par¬ ticulars of a large meeting of the Board of Trade for the express purpose of denouncing the miserable-mummy of the government. While that meeting was in progress and ' about the Hme that Hon. William A. Gnl- hraitli, resident judge of tills district, was telling of the danger to vessels- rounding tho peninsula without a light to guide them, his words were belngm-rlllcd In a realistic way. tLAt that very time the sleniuer Fred Mincer, of the Lclilgli Valley Company, from Buf¬ falo, was belated nil the Identical point jnen- llonod by Judge OiflbralllijiiuiLj>'ii&.gniiig nsliore. Next morning tlio lookout on the watch-tower of the signal bureau ohkurved the vessel On tlie beach, apparently water¬ logged. The tug Elio went out at 0 a. ip. and llus not yet returned. -The life saving. ' Million men are qbserved, through glasses, lo bo on the alert and ready foXnotloiK In 'i conversation with a number of yeSselfpAu- erB all agreed that the JlgllUB iqi ' ' " Ispamoiilo 'tmfokfloli '"n/pro. to safely, and are bitter In ti of the parties w ho were lilstri! curing its abandonment, fit/ lives lost the fatnllty \y)\y^t tho Government.. ■ A delegnt' Waited upon 'Congressman urged him to proceed to WiiBhlngtoirCHth out delay and lay the evil befoco tile Presi¬ dent.— Dispatch, Nov. lit.. ' i"si'»y, . dQOToA theft's \ :d • ntid ,- ^ PIIACTICAL LIFE SAVING. APPLI¬ ANCES. " Tests weromndoiit'Bay View", Wednesday afternoon, of (lio lines and ballera connected with Low's life saving service for"boat&, i>y the men ot tho United States life saving station on Davis' 3$cck, In a fifteen foot Bank dory, wlUin frosJiMorttl west breeze and short shai^j-flo^WlWuicso res'ults: In ono half minute ufleVtfio boat was capsized she was righted by two lmijn. In three, and ono half minutes enough wnter vfiie\ out for-ono man to'get Into hor, tils onrs and brought her head to then helped bail her. Ill six and a half minutes after commencing balling tho second man got hi and in thirteen and one hair minutes sho was.balled out, a total ol four¬ teen minutes. The men wore as clumsily dollied as a fisherman would bo In ids oil clothes on the Banks. At a previous ii&tl one man righted the capsized boatr midgut Into her In two r.ml ono hall minutes and balled her out in thirteen minutes.—Cii;io AwAdvcrtimr, in inree, ami r wu«-iMjjlod- r, wTO look/ to wind 'an<P> NOT A ROMANTIC SUBJECT, The man who thinks he Is going through this llfoon a bod of roses had Just better glvo up that ridiculous Idea jind CBmo!. right squaro down to worldly tblnktaAjjtfero's no telling when lie may bo nttnoketT^iltli Itching piles nnd bo subjected to contlnuif Itching nnd scratching. For overy pain though there's a ouie, and for Itching piles the worldiiover has seen ■•anything to equal Swayno's ointment.' It'iiovor falls cure to Itching piles. At 1 o'clock Sunday morning the Potoskoy cJtyTiock, Bell's dock, Hose's dock, and Jlay- £)«»• dock were swept out, and pound and "111 lists'In the bay were destroyed. The loss uaUy and on public property Is vory ) 3f }.