Specie ex Sarpedon
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1877 |
| Date | 27 November 1877 |
| Court | High Court of Admiralty |
Admiralty Division
Sir R. Phillimore
Specie ex Sarpedon
The FusilierENR Br. & Lush. 341 12 L. T. Rep. N. S. 186 2 Mar. Law Cas. O. S. 39
The MedinaELRELR ante, p. 219 L. Rep. 1 P. D. 272 2 P D. 5 34 L. T. Rep. N.S. 918 35 L. T. Rep. N. S. 779
Cargo ex SchillerELRELR ante, pp. 226 L. Rep. 1 P. D. 473 2 P. D. 145 35 L. T. Rep. N. S. 97 36 L. T. Rep. N. S. 714
Merchant Shipping Act 1854 (17 & 18 Vict. c. 104), s. 549
Life salvage Liability of owners of lost ship to contribute Merchant Shipping Act 1854 (17 & 18 Vict. c. 104), s. 549
MARITIME LAW CASES. 509 ADM.] THE SPECIE EX SARPEDON. [ADM. Nov 13, 20, and 27,1877. Specie ex Sarpedon. Life salvage-Liability of owners of lost skip to contribute-Merchant Shipping Act 1854 (17 & 18 Vict. c. 104), s. 469-Costs of notices. Where lives and cargo have been salved from a ship, but the ship has been totally lost. the owners of the cargo are liable to pay salvage in respect of the lives, and the owners of the lost ship are not liable to contribute to such payment. (a) Life salvage awards can only be paid out of the res salved, and not against owners of a ship personally. Where parties have been summoned to appear under Order XVI., r. 18, of the Rules of the Supreme Court, against whom no claim to contribution is made out, the parties so summoned are entitled to their costs. This was a motion in a cause of salvage. The cause was instituted on behalf of the owners and crew of the Spanish screw steamer Golderon for services rendered by that vessel in salving the passengers and crew, consisting of eighty-one persons, and eight boxes of specie of the value of 28,000L. or 30,000L., from the British screw steamer Sarpedon. The Sarpedon had been in collision with the British steamer Julia David on the night of the 4th Sept. 1875, about eighty-five miles S.W. of Ushant, and had sustained such damage that the crew and passengers had taken to the boats at once. The Calderon had come up at daylight, and at the request of the master of the Sarpedon the passengers, and the specie on board the Sarpedon were taken on board the Galderon. The Galderon attempted to tow the Sarpedon, bat after some hours the attempt was given up and the Sarpedon abandoned in a sinking condition. The value of the Sarpedon and her cargo before the collision was estimated to be about 250,0002. The suit was commenced by an action in rem against the specie salved, the statement of claim setting out the salvage services to the specie and to the crew and passengers as well. The cause came on for hearing on the 16th Jan, 1877, and was partly heard, and adjourned, and on the 10th Jan. 1877, on the application of the defendants, leave was given to serve notice of a claim to contribution and for an indemnity, under Order XVI., r. 18, of the Rules of the Supreme Court, on the Ocean Steamship Company, owners of the Sarpedon. On the 5th Feb, the Ocean Steamship Company entered an appearance, and on the 12th Feb. the Court gave directions that the notice served on them should be treated as a pleading. The owners of the Sarpedon, on the 27th Feb. 1877, delivered a statement in answer, denying their liability. To this statement the defendants re plied on the 9th March 1877 by a joinder of issue, and the plaintiffs on the 14th March 1877, by denying the claim for contribution and...
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The Renpor
...of Appeal Brett, M.R., Cotton and Bowen, L.JJ. The Renpor The SarpedonDID=ASPM 3 Asp. Mar. Law Cas. 509 37 L. T. Rep. N. S. 505 3 P. Div. 28 The UndauntedENR Lush, 90 2 L. T. Rep. N. S. 520 The E. U.ENR 1 Spinks 63 The Fusilier 2 Mar. Law Cas. O. S. 37 Br. & L. 341 The Zephyr 2 Hagg. 43 The......