The Elswick Park
| Jurisdiction | England & Wales |
| Judgment Date | 11 July 1903 |
| Date | 11 July 1903 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Bucknill. J. and Trinity Masters
The Elswick Park
Sect, 434, sub-sect. (2), of the Merchant Shipping Act 1894 (57 & 58 Vict. c. 60
Salvage — Signals of distress — Sect. 434, sub-sect. (2), of the Merchant Shipping Act 1894 (57 & 58 Vict. c. 60)
MARITIME LAW CASES. 481 Adm.] The Elswick Park. [Adm. Saturday, July 11,1903. (Before Buckhili.. J. and Trinity Masters.) The Elswick Park, (a) Salvage - Signals of distress - Sect. 434, sub-sect. (2), of the Merchant Shipping Act 1891 (57 & 58 Viet. c. 60). Sect. 434(2) of the Merchant Shipping Act 1894, which penalises the mister of a vessel who unnecessarily uses or displays signals of distress, does not apply when such signals have been properly used. Where, therefore, signals of distress were properly displayed, and a vessel put off in response to them, and on her arrival her services were not required: Held that she was not entitled to be compensated for the labour undertaken, or loss sustained in consequence of answering the signals. Actions for salvage by the owners, masters, and crews of the steam-tugs Dragon, Petrel, Verne, Queen, and Albert Victor, against the owners of the steamship Elswick Parle. The ease is reported on the question of the proper interpretation of sect. 434 of the Merchant Shipping Act 1894, and the services of the Queen are alone material. The Queen was a steam-tug of 169 tons gross register, with engines working up to 350 horse power indicated, and was of the value of 6000l. The Elswick Park was a screw steamship of 3403 tons gross register, and at the time the services were rendered was on a voyage from London to Cardiff in water ballast. About 11.45 a.m. on the 26ih Feb. 1903, when about seven miles S W. by W. of Portland Bill, the Elswick Park's tail shaft broke. Signals for assistance were made, and two tugs,.the Queen and Albert Victor, both of which belonged to the same owners, came up and made fitst, and eventually, in conjunction with the tugs Dragon, Petrel, and Verne, which came up subsequently, towed the Elswick Park into Portland Roads, where she came to anchor. During the night and early morning of the 27th Feb. it blew hard, and the Elswick Park dragged her anchors and collided with the steamship Gwentiand. Signals of distress were made, and in response to them the crew of the Queen were mustered and she proceeded to her assistance; but, on coming up to the Elswick Park, her services were not accepted, as the...
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La modernidad jurídica
...als die Wasserwelle im Strome, aber doch nur eine Welle im Strome»: Windscheid, «Die geschichtliche Schule in der Rechtswissenschaft», 1904, p. 76. La misma continuidad entre tradición jurídica intelectual y Código era sentida por Bethmann-Hollweg, Ursprung der lombardischen Stadtfreiheit ,......