"Marquis of Huntly"-(Molisson)
| Jurisdiction | England & Wales |
| Judgment Date | 13 November 1835 |
| Date | 13 November 1835 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 397
HIGH COURT OF ADMIRALTY
Referred to, The "Parlement Belge," 1880, 5 P. D. 212.
" marquis of huntly "-(Molisson). November 13, 1835 -A ship, with Government stores, was preserved by thirty-two salvors at great risk to all and with loss of life to three, besides damage to and loss of boats. The owners of the ship estimating her at 1500, tendered 400 as salvage for the ship and freight. The stores were valued at about 5000. The Court, adopting the tender, gave 900 in addition for the stores, making together a salvage of about one-fifth, and apportioned this sum among the surviving salvors and the families of those who perished Costs pro rata between the ship and cargo [Referred to, The " Parlement Beltje," 18HO, 5 P.D. 212 ] This ship, of 564 tons, twenty-eight men and five boys, chartered by Government, and having on board eleven invalid soldiers, Lieutenant Saunders-the Government agent-in charge of naval and ordnance stores, while on her voyage from Leith to London got on the middle sand, off Essex, about noon of the 10th of November 1834, the weather thick and rainy, tide ebbing, the wind at E.N.E., the vessel's head to the N.W. and her fore-yard carried away . she hoisted a signal of distress, and eight Colchester smacks, with thirty-two men, on the look-out in the Swm, went to her assistance . in boarding, by means of their boats, both boats and crews were in danger, from the surf and breakers , the master of the " Bachelor " was washed out of his boat, but was saved , so was a boy, after being in the water twenty minutes. But Cook, the master of the " Prosperous," his brother, and another seatnan, in returning to a smack to go to Sheerness, to obtain a Government steamer, by desire of the agent, were lost three boats were also sunk , and befoie the weather moderated, all the crew, excepting Lieutenant Saunders and the master, declared they would not stay by the ship all night, and guns were fired to have the smacks near. When the salvors got on [247] board, the vessel was beating upon the sand ; forty tons of her cargo were then thrown overboard, and all other proper means taken to get her off, and in the next tide, about 6 p M., she was got into deep water, anchored for the night, and on the following morning, pumping only being required, the salvors quitted, except two who came up with the vessel to Giavesend, where she arrived about 4 p.m, An action having been entered against...
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The Broadmayne
...The Five Bteel Barjea, 6 Aap. Mar. Law Caa. 580 63 L. T. Bep. 499; 15 Prob. Div. 142; The Athol, IW.Eob. 374; The Marquis of Buntly, 3 Hagg Adm. 246; The Warnor, 6 L. T. Bep. 133; Luab. 476; The Due D'Aumale (No. 2), 9 Aip. Mar. Law Cas. 602; 89 L. T. Eep. 486; (1901) P. 60; The Bertie, 6 A......