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Salvage Payments to Life-Boats' Crews

WE revert to this subject, because we think it very important that it should be under- stood, and because a legal decision has re- cently been given in an important case, which will no doubt hereafter have the authority of a precedent, and which it is therefore desirable should be known to the owners of ships and cargoes whose property may from time to time be saved from loss by the instrumentality of life-boats and their crews.

It is important to be reminded that the life-boats of the NATIONAL LIFE-BOAT INSTI- TUTION are provided by the voluntary con- tributions of the public, for the purpose of saving lives alone; and that the Committee of Management of the Institution have felt it most important to confine their operations alone to that humane work, as the ONE function of themselves, of the life-boats, and of the crews whom they invite to work them.

Indeed "it is evident that on no other principle could such a work be conducted; for if it were once yielded that it was the proper function of a life-boat and the duty of its crew to save property, the work would become a matter of business rather than a work of humanity, and the benevolent and humane persons who now so readily, in- deed enthusiastically, support it, might pro- perly consider, and no doubt would consider, that it was a matter for the consideration of shipowners alone, they and their servants being alone interested in it.

Accordingly it was long since decided, and we think most wisely so, that although, in the interest of the owners of ships and cargoes, the Institution's life-boats should be permitted to save property, when no other means of saving it were available, yet that, in order to separate that work entirely from the proper work and duties of the life- boats and their crews, it should be altogether optional on the part of the men, who were instructed to consider the boats lent to them, on certain conditions, for its performance.

In acceding to this extra use of the life- boats the Committee have felt that they were conferring a favour on the owners of property, and also on the life-boat men—on the former, by saving their property at a moderate per-centage on its value, propor- tional to the difficulty and risk incurred in saving it; and on the latter, who are always poor men, and often earning only a preca- rious livelihood, by thus affording them the means of assisting vessels in distress, at a pecuniary gain to themselves.

Before referring more especially to the case which has in part led to these remarks, it will be well that we should, once for all, emphatically state, that so small is the actual profit accruing to the Institution from the shar6 of salvage payments which is claimed to cover their risk of damage, that it is not worth consideration; and that there- fore, if it were not for the interest of the owners of property and of the boatmen, they would much prefer that their life-boats were not so used at all.

We will now briefly relate the case above referred to:— On the 5th of August last the ship Empire Queen, of 957 tons burden, laden with timber, from Quebec, went aground on the back of the Arklow bank, 7 miles from the nearest land. Her distressed state being seen from Arklow, 9 miles distant, the life- boat of the NATIONAL LIFE-BOAT INSTITU- TION at that place proceeded to her aid, and on boarding her, the coxswain of the life- boat was requested by the captain to land his second officer to proceed to Dublin for a steamer to get the ship off the bank, and convey her to Dublin or Kingstown, and for luggers to lighten her of part of her cargo, for which service he promised to pay 50?.

After the retain of the Arklow life-boat to the shore, the vessel was boarded by the Courtown life-boat, which boat, at the re- quest of the captain, remained by the ship whilst the crew of the latter, aided by some smacks and a steamer from Dublin, lightened her of her deck cargo. The ship's crew twice left her in the course of the following day, and at night took refuge in the life- boat, from feeling the insecurity of their position on board her. Indeed, had riot the life-boat remained that long time alongside the ship, the crew would not have remained by her, she would not have been lightened, and would to a certainty have been lost.

On the morning of the 7th August, not feeling themselves any longer safe aboard, and all efforts to get the ship off the bank having proved unavailable, all hands, 21 in number, were taken into the life-boat, and landed at Wicklow, the ship being left a derelict.

Subsequently the coxswain and crew of j the life-boat asked 2001. from the owners i and underwriters, SB consideration of their 1 remaining two nights and nearly two days by the ship, and being thereby indirectly in- strumental in saving her. Their request, however, was refused ; and the Admiralty Court has postponed its decision on it.

On the wind freshening to a moderate gale, on the morning of the 7th, the Ark- low life-boat again went off to the vessel, followed by the steamer (which had pre- viously gone to Arklow for shelter with the smacks), In order to take off the crew; but on reaching her it was found that those on board her had already left, and that the vessel was "hard and fast" on the bank, with sixteen feet of water in her hold. The life-boat, therefore, towed by the steamer, again returned to Arklow.

On the evening of the 7th, the Empire j Queen was observed from Arklow to be in ! motion, and the life-boat at once again went i off to her; but before doing so, the cox- ; swain, instructed by DR. HALPIN, the zealous honorary secretary of the Branch, informed the agent to the owners of the circum- stance, and the captain of the ship being also in Arklow, he, at their own request, took them out in the life-boat, to reconnoitre the ship. On reaching her, they found her afloat outside the bank; she would, how- ever, have again grounded on it, and they had great difficulty in getting her clear; but by hoisting the life-boat's sails on board of her, and tricing up " on end" the ship's boats on her deck, to catch the wind (her own sails having all been taken ashore by the smacks), she was got away, although j in a disabled state, and with the subsequent aid of two two steamers and a smack, was safely conveyed to Kingstown, where she j was moored in safety on the morning of the 8th, and the life-boat again arrived at her station on the night of the 9th.

For these services, as no agreement could be come to with the owners and under- writers, a claim of 1,500?., pro forma, in behalf of all the parties engaged in the sal- vage, was put in, and the case was left to the decision of the Admiralty Court, 8001.

of the same being in behalf of the Arklow life-boat and her crew. In justice to the salvors in general on the coasts of the United Kingdom, it is right to state, that when it is decided to take any case into the Admiralty Court, in consequence of failure to make terms by mutual agreement, a formal claim is put in, generally for a larger amount than is expected, or than would be asked for under private arrangement, in order to' xpafe sure that the amount shall be sufficient to cover all just claims in com- plicated cases, arid perhaps also as a set-off to the extra expenses and loss of time occa- sioned by the legal process.

The above case came on for trial on the 13th of November last, when the defend- ants demurred to so large a sum being awarded to the life-boat and her crew as claimed by the latter. The trial lasted un- til the evening of the 23rd November, when Judge Townsend, in summing up, pronounced the following words:—" After every due deliberation, I have to remark that the averment of the defendants, that the life-boat should not seek salvage to such an amount, I must differ from; inasmuch as I believe life-boats are the proper boats for such service, since they can approach a stranded vessel when none others dare, which has been the case with the Empire Queen, as proved by the master of the smack Pigeon, which pat off before the life-boat, and he said he was afraid to cross the Bank.

Under these circumstances, I feel I shall be doing my duty in awarding 3001. for the | services of the life-boat; and in considers- tion of the promptness and alacrity displayed i by DB. HALPIN (the honorary secretary to ! the Institution at Arklow), in mustering a crew, and their zeal in applying all means ; within their reach, whilst on board, to save the ship and cargo, I feel bound to award the plaintiffs their foil costs." As stated above, we consider this a very important decision, and that it cannot be too generally made known to the owners of ships and cargoes on the high seas.