The "Mary Anne."
| Jurisdiction | England & Wales |
| Judgment Date | 03 March 1865 |
| Date | 03 March 1865 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 387
HIGH COURT OF ADMIRALTY
Referred to, The "Generous," 1868, L R 2 Ad & Ecc 61
[334] the " mary anne." March 3,1865.-Salvage-Jurisdiction on appeal from justices-" Sum in dispute "-17 & 18 Viet c 104, s. 464 -The 464th section of the Merchant Shipping Act provides that no appeal shall be allowed from a salvage award of justices, " unless the sum in dispute exceeds 50 " Held, that the " sum in dispute " means the sum claimed by the salvors (see 9 & 10 Viet c, 99, as. 21, 23, repealed by 17 & 18 Viet 120) Salvors sent in a formal demand in writing for 40 ; on this being refused, thev claimed before the justices " a sum not exceeding 200 " The justices found no salvage was due ; the salvors appealed to the Admiralty Court. Held, that " the sum in dispute " was the 40 thus claimed, and that therefore the Admiralty Court had no jurisdiction to entertain the appeal [Referred to, The " Generous," 1868, L R 2 Ad & Ecc 61 ] This was an appeal from the award of two justices of the peace at Southampton in an alleged cause of salvage, and the respondents questioned the jurisdiction of the Admiralty Court on the ground that " the sum in dispute " did not exceed 50, and that therefore under the 464th section of the Merchant Shipping Act no appeal should be allowed The facts were as follow .- A dispute arose between the master of the " Mary Anne ' and the alleged salvors, as to whether anvthing or what was due for salvage the salvors sent in a formal claim, as fallows .- ' Dock Chambers, Canute Road, Southampton, 1863. Captain and owners brig ' Mary Anne ' drs. to the Southampton Steam Towing Company (Limited) Dec 31 To towing of ship's boat to brig, towing brig off Brambles, thence to Britannia Wharf . 40 Os. Od." When the salvors came before the justices of the peace, they [335] demanded no specific sum ; but as appeared from the award of the justices, they " claimed a sum not exceeding 200," that sum 200 being the extreme sum that could be claimed before the justices under the 460th section of the Merchant Shipping Act The justices were of opinion that no salvage was due, and awarded accordingly. The 464th section of the Merchant Shipping Act is as follows :- "If any person is aggrieved by the award of such justices or such umpire as aforesaid, he may in England appeal to the High Court of Admiralty of England, in Ireland to the...
To continue reading
Request your trial