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the portions allotted to or in respect of those inanimate salvors. · 1068. This apportionment is effected by the Admiralty, but not by the common law courts. The latter leave the salvors, if they can, to settle their proportions between themselves. (Atkinson v. Woodall.) If there are several sets of salvors, the first process is to divide the aggregate into as many portions as there are sets entitled. If any set has forfeited its share by misconduct, it remains to the owners of the property, unless other sets have earned it, or a portion of it, by additional good service. If particular sets have rendered greater service or encountered particular danger, as where one boat has attached herself to the burning vessel to take out the crew and cargo, and the others have been free or more remote from that danger in rendering their assistance, those which have rendered the greatest services or incurred the greater danger are entitled to proportionately larger shares of the reward. Clarissa. St. Nicholas. Perla. · 1069. A ship is entitled to be considered one of the sets of salvors, although her only service was in carrying out persons to aid in saving. Her reward, however, might not be considerable, and she might perhaps be sufficiently recompensed by a remuneration for loss of time. Norden.
1070. The share of each set is then to be subdivided between its constituent members, observing among them also a distinction in respect of any very great differences of risk incurred or services afforded. The expenses incurred by the salvors of the set should be reimbursed previously to proceeding to a division.
The ship or boat takes her share in addition to recompense for injuries sustained or expenses incurred; a steamer takes a larger proportion.
1071. Subject to distinguishing circumstances, the salvorvessel rarely receives more than half the pet salvage; the master half of the residue; and what remains is generally
distributed among the rest of the crew in proportion to their wages, treating apprentices as entitled to two-thirds of the wages of an able-bodied seaman. Roe. Himalaya. George. Enchantress. Jane. Spirit.
1072. REMEDY.—The remedy for salvage is to some extent secured by an imperfect right of detention, as to which there does not appear to be perfect accordance between the Admiralty and the courts of law. The legal remedy may be obtained by action at law, which is less efficient when the salvors are not agreed as to the division among themselves, particularly if there are several sets insisting upon any other than a rateable division. The more convenient proceeding is in the Admiralty Court, which can attach the property, assess the salvage, and regulate its distribution. In this country there is a local court for the Cinque Ports, and in cases of limited amount jurisdiction is given by statute to justices of the peace. Our observations on this subject must be confined within narrow limits.
1073. The Admiralty has jurisdiction in questions of sal. vage beyond, when the subject of the question is within, the presidial line. It has a concurrent jurisdiction with the Court of the Cinque Ports, and a concurrent as well as appellate jurisdiction with the justices of the peace. From the Admiralty an appeal lies to the Privy Council. Louisa. Leda. Argo. Actif.
1074. The Judge in the Admiralty and the Lords of the Council, in salvage as well as in collision, can avail themselves of the aid of Trinity and sailing masters for the consideration of facts and questions of nautical skill and conduct. Magdalen.
1075. It was enacted that the amount of salvage should be determined in case of dispute, if it arose within the Cinque Ports, as formerly; if it arose elsewhere, and the parties could not ageee upon an arbitration, and the sum claimed did not exceed £200, by two local justices of the peace; but if it exceeded that amount, by two justices of the peace, if the parties agreed to refer it to their arbitration, otherwise by the Court of Admiralty in England or Ireland and the Court of Session in Scotland, with a liability on the claimants to costs, unless they recovered more than £200, or the court certified that it was a case proper to be brought before it. 1 M. S. A. 460.
1076. Who were the justices having authority to act depended on the locality of the salvage-service. Their powers and mode of proceeding, the mode of proceeding by arbitration, the appeal to the Court of Admiralty, the mode of payment and appointment, and of enforcing payment of the . salvage awarded, are ascertained and provided for by 1 M. S. A. 460–469.
'1077. It was held that the 1 M. S. A. 458 and 460, as to salvage and jurisdiction of the magistrates, was limited to the British dominions (Leda); and that the right of proceeding, in cases where the amount in question did not exceed £200, was confined to the jurisdiction of the magistrates, unless there were some special circumstances, such as the vessel being in the custody of the court on an anterior claim, or the master's refusal to go on shore and submit to the jurisdiction of the magistrates, and removing his vessel from the limits of their authority before the salvors could with reasonable diligence apply to them. Atkinson v. Woodall. Cuba. Argo. Alpha. John. Minnehaha.
1078. The provisions contained in 1 M. S. A. 460–469, were amended (by 3 M. S. A. 49) by extending the jurisdiction of the local magistrates to all cases in which the value of the property saved did not exceed £1000, and to cases of salvage in which the salvage-service was rendered beyond the limits of the British dominions, and by various directions as to the selection of the justices, their jurisdiction, and procedure.
1079. The Court of Appeal will vary the order of the inferior court as to the amount of salvage, when it is either extravagantly large or altogether inadequate, but not on a mere question of adequacy or inadequacy within moderate bounds. Cuba. Clarissa. Messenger. Harriett.
1080. The costs are to some extent in the discretion of the court; they are in general given to the salvors, if the tender of the owners is insufficient, and refused to them if they have refused a tender of an amount found adequate (Hopewell. Favorite), and given against them if they have refused a very liberal reward (Nicolai. Hedwig), or if the amount awarded to them is less than two-thirds of the demand. Seine.
1081. If two sets of salvors sue, and one occasions vexatious costs by its mode of proceeding, the court will protect the owners against such costs (Bartley) at the expense of the offending party.
1082. Some writers found general law upon practice,-the law of nations on their practice, as indicating a general accord. The law affecting slave-trade is part of the law of nature, and not in all its departments a portion of the law of nations ; but if law is established by practice, the trade in slaves, in the capture, sale, and purchase of our own kind and kindred, is in perfect accordance, and is unquestionably established as consonant, with natural law.
1083. From north to south, from east to west, from the most remote antiquity to a comparatively recent period of bistory, every faith,-Brahmin, Buddhist, Heathen, Jew, Christian, Moslem ; every country,- Scythia, Ancient Britain, China, India, Batavia, Persia, Egypt, Assyria, Israel, Greece, Rome, Carthage, Russia, France, Spain, Portugal, Italy, England, have, by their incessant practice, established the legality of the traffic in the human race.
1084. No inconsiderable portion of the trade carried on by the caravans, which traversed Asia from the earliest times, consisted in the purchase and sale, and occasionally, as they travelled along, in the capture of slaves.
1085. The trade in the Euxine involved the barter of the commodities of India and the East for the slaves which the Cimmerian and Scythian traders brought to its marts.
1086. Egypt and the Mesopotamian nations teemed with captives, sometimes sold or exchanged for others less likely to disturb the peace. At times they were transported by cities from one conquered region to another, so that by in. termixing the new settlers with the former inhabitants both might be controlled.
1087. A principal part of the exports of the Britons and Saxons to the Continent consisted of the captives taken in internal wars. British slaves were admired and appreciated, and sold well in the Christian slave-market of Rome.
1088. There is no asserted right of belligerents as to enemies or neutrals, against which we shall have occasion to protest, which can appeal for its support to one-hundredth part of the authority of practice which can be adduced in support of the unrestricted dealing in slares. If it be permitted by the law of nature, it is permitted to every one not prohibited by his municipal law to deal in human flesh and blood.
1089. But whatever names may have sanctioned the practice, whatever nations may have adopted it, nature rebels against the doctrine, and proclaims its asserter a recreant against her laws.
1090. We must not however be transported by feeling, or satisfied that denunciation proves the offence. The objections to slavery are not found in the ancient books; they have sprung from the sentiment of freedom, the development of reason, and the more generous spirit of modern