The "John."
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 1960 |
| Date | 19 January 1960 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 6
HIGH COURT OF ADMIRALITY
S. C. 1 L T 495 Discussed, The "Cherubim," 1868, 19 L. T. 52
[11] the '' john." January 19, 1860-Salvage-Tender-Certificate foi costs- 17 & 18 Viet, c 104, s 460.-If in an action for salvage services rendered in the United Kingdom a tender under 200, " with such costs (if any) as may be due by law '' for the services rendered, is accepted, the Court will not certify for costs under the 460th section of the Merchant Snipping Act, except for special cause shewn Removal of the ship salved from Yarmouth to London without mala fides, will not, if the salvors had opportunity at Yarmouth to have the dispute determined by the local justices, suffice to induce the Court to certify [S. C. 1 L T 495 Discussed, The " Cherubim," 1868, 19 L. T. 52 ] This was a motion praying the Court to certify under the 460th section of the Merchant Shipping Act, 1854, for costs in an action of salvage The service was rendered at Yarmouth on the 25th Octobei 1859 A heavy gale of wind was blowing^ and the salvois, who were Yarmouth beach men, boarded the brig " John,"' then lying close off the flats, and assisted her in making to a safe anchorage. On the 10th November the salvors entered an action in the Admiralty Court, and arrested the brig in the port of London An appearance for the owners was then entered, and bail given in 350, and the act on petition brought in for the salvors. On the 8th December a tender was made of 120, " together with such costs (if any) as may be due by law in full for the services tendered " This tender was accepted on behalf of the salvors The Court was now moved to certify, as required by the 460th section of the Merchant Shipping Act, 1854, that the case was a fit one to be tried in the Superior Court. The section is as foHows :- " 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, " Such dispute shall be referred to the arbitration of any two justices of the peace resident as follows (that is to say) - [12] " In...
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