The "Johannes"
| Jurisdiction | England & Wales |
| Judgment Date | 21 December 1860 |
| Date | 21 December 1860 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 87
HIGH COURT OF ADMIRALITY
S C. 30 L. J. (Adm.) 91, 3 L T 757; 1 Mar. L. C (Crockford) 24 Applied, The "Willem III," 1871, L R 3 Ad & Ecc 494 Considered, The "Pacific," [1898] P. 170.
the " johannes " December 21, 1860.-Salvage of life from a foreign ship on the high seas-17 & 18 Viet c 104, ss. 458, 459, 460, 476-Application of British statutes to foreigners out of jurisdiction -The Court of Admiralty has no original jurisdiction to award salvage for the saving of life only ; and the Merchant Shipping Act, 1854, does not give the Court jurisdiction over salvage of life only performed on the high seas, at a distance of more than three miles from the shore of the United Kingdom, at least if the ship from which the lives are saved is a foreign ship It is immaterial to this question that before action the ship has been brought by other salvors into a British port Operation oi British statutes upon foreigners out of the jurisdiction considered. [S C. 30 L. J. (Adm.) 91, 3 L T 757; 1 Mar. L. C (Crockford) 24 Applied, The " Willem Hi;' 1871, L R .3 Ad & Ecc 494 Considered, The " Pacific," [1898] P. 170.] Salvage. This was an action brought by some Yarmouth smacksmen against the Prussian vessel, the '' Johannes," and her owners, Prussian subjects, intervening. The petition stated that the salvors had fallen in with the vessel seventy miles eastward of Yarmouth, a wreck, and had taken off from her five of the crew, and brought them into Hull; that the vessel had afterwards been brought into Gnmbsy by other salvors The admission of this petition was now opposed. The following sections of the Merchant Shipping Act, 1854 (17 & 18 Viet c. 104), are referred to in the arguments and judgment - [183] " Salvage in the United Kingdom S. 458. " In the following cases (that is to say), '' Whenever any ship or boat is stranded or otherwise in distress on the shore of any sea or tidal water situate within the limits of the United Kingdom, and services are rendered by any person, " (1) In assisting such ship or boat : 88 the "johannes" lush.im. " (2) In saving the bves of the persons belonging to such ship or boat : " (3) In saving the cargo or apparel of such ship or boat, or any portion thereof : " And whenever any wreck is saved by any person other than a receiver within the United Kingdom " There shall be payable by the owners of such ship or boat, cargo, apparel or wreck, to the person by whom such services or any of them are rendered or by whom such wreck is saved, a reasonable amount of salvage, together with all expenses properly incurred by him in the performance of such services or the saving of such wreck, the amount of such salvage and expenses (which expenses are hereinafter included under the term salvage) to be determined in case of dispute in manner hereinafter mentioned." S. 459. " Salvage in respect of the preservation of the life or lives of any person or persons belonging to any such ship or boat as aforesaid shall be payable by the owners of the ship or boat in priority to all other claims for salvage ; and in cases where such ship or boat is destroyed, or where the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage due in respect of any life or lives, the Board of Trade may in its discretion award to the salvors of such life or lives out of the Mercantile Marine Fund such sum or sums as it deems fit, in whole or part satisfaction of any amount of salvage so left unpaid in respect of such life or lives." S. 460. " Disputes with respect to salvage arising within the boundaries of the Cinque Ports shall be determined in the manner in which the same have hitherto been determined ; but whenever any dispute arises elsewhere in the United Kingdom between the owners of any such ship, boat, cargo, apparel or wreck as aforesaid, and the salvors, as to the amount of salvage, and the parties to the dispute cannot agree as to the settlement thereof by arbitration or otherwise "Then, if the sum claimed does not exceed two hundred pounds, [184] " Such dispute shall be referred to the...
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