108 EXCJHEQIJER COURT REPORTS. [VOL. XIV. NOVA SCOTIA ADMIRALTY DISTRICT. BETWEEN 1912 Nov. 1. PICKFORD & BLACK, LIMITED, PLAINTIFFS. AGAINST THE STEAMSHIP "LUX". Shipping--Salvage—Practice--Joinder of Master and Crew of salving Ship as Co-Plaintiffs with Owners. In this case salva g e remuneration was fixed in the sum of $4,500, and apportioned as follows:—$3,750 to the owners of the salving ship, $250 to the master and $500 to the crew; the master and crew being ordered to; be joined as plaintiffs in the action so that they might have the benefit of the award and the question of their compensation be made res judicata by the action. THIS was an action by the plaintiffs as owners of the steamship Boston for $12,000 for salvage services rendered by them to the steamship Lux from the 4th day of October to the 6th day of October, A.D., 1912. The following statement of facts was agreed upon by counsel for the plaintiffs and defendant, respectively, and submitted to the Court:— The steamship Boston left Turk's Island, West Indies, on the 28th day of September, 1912, loaded with a cargo of sugar and fruits, a part of the latter being perishable goods, bound for Halifax. The Boston had 10 passenger. On Friday the 4th of October 1912, at 10.15 a.m. lat. 41.30 N. long. 64.12 W., the Boston sighted a steamer which was found to be the English tank steamer Lux, apparently disabled, being by the head, and a stage out over the stern. The ' Bostou
VOL. XIV.] EXCHEQUER COURT REPORTS. 109 proceeded close to her and asked what was the matter. 1912 They replied, " Rudder damaged". The Boston asked Picxro D AND BLACK if they could be of assistance and the Lux replied that V. THE they were repairing the damage. Three other steamers STEAMSHIP Lux. were insight when the Boston • came alongside, one of Statement which was the Idaho, a Wilson liner, and the other of Facts. two were New York passenger. liners. The Lux was in the line of steamers. The Boston then proceeded. Shortly afterwards the Boston noticed that the Lux • had hoisted a signal asking if the Boston could tow them, to which the Boston agreed. The Boston steamed as close alongside as possible and two hawsers belonging to the Lux were run from her stern to the bow of the Boston. The boats of the Lux carried the hawsers to the Boston. The hawsers were made fast to the bitts of the Boston. These bitts were not constructed for the purpose of towing but were primarily intended for mooring the ship. One of the hawsers of the Boston was used the first day as a bridle and was afterwards carried away. As soon as they were fast, 1.30 p.m., the Lux started for Halifax, the Boston steering. Strong breeze and choppy sea. At 2.15 p.m. the hawser on the port side carried away, but they proceeded with only one hawser until 7.30 p.m., when, owing .to increasing wind and sea, accompanied by rain the remaining hawser carried away. Owing to the darkness, rain and heavy sea, it was impossible to establish connection that night. The Boston laid by all night and on the 5th of October, daylight, the sea having moderated, the Boston's boat was launched to run another hawser which was finally accomplished and the towing resumed at 8 a.m. October 6th, 3.30 a.m. sighted Sambro and slowed down. 9.15 a.m. took a pilot and proceeded up the harbour to Quarantine Ground where the Lux was
110 EXCHEQUER COURT REPORTS. [VOL XIV. 1912 ~ J safely anchored at 10.45 a.m. The Boston arrived PIC%FORD AND BLACK at Pickford and Black's wharf at 11.15 a.m. • D. On examination found one wire hawser broken and THE STEAMSHIP Lux. a piece lost, also a quantity of manilla rope and heaving statement lines used for lashings eut and destroyed. A piece of of Facts. the main rail on the starboard side forward carried away and a hatch strong-back, which was used for a fender on the bow, damaged. The bulwark forward on the starboard side. was somewhat' strained. To repair all the damage suffered by the Boston and to substitute new rope would cost about $250.00. The tonnage of the Boston is' 738 registered, gross 1,168. That of the Lux is 2,621 gross and 1,634 net. The valuation of the Lux in her damaged condition is £18,468. The value of the Boston is £15,000. Her cargo was valued at $20,030.00, freight at $2,192.47. The distance towed is 200 miles and the Boston was engaged in the service forty-eight hours, of which thirty-four hours was actual towing. H. Mclnnes K.C. for the plaintiffs. The sole question is the amount to which the plaintiffs are entitled. The Boston was on her way from Turk's Island, West Indies to Halifax. Her value was about £15,000 or $75,000.00. She had a cargo of sugar and fruits and 10 passengers. The Lux was an English tank steamship and was then empty. Her value was about $90,000. The Lux rudder was out . of order and the Boston acted as a rudder in steering her. She was in the track of steamer. The services rendered were more meritorious than towing. The control was in the Lux as she was ahead and proceeded under her own steam. Had the hawsers parted it is
VOL. XIV.] . EXCHEQUER COURT REPORTS. uncertain which might have been sunk. 'The weather was bad and . stormy and we were subject to - heavy PiCK risk. The Boston being smaller than the helped and minimized the risk, lessening the jerking and straining in the heavy sea. Had the Boston greatly injured heavy damage could have been awarded. The size of our ship was very important. A rudder-less ship is always in danger and more so when in the track of other ships. The work was efficiently done. We had to pay out $250.00 for actual repairs. The amount awarded should be reasonable (1). • In estimating the value of salvage services, circumstances, among others, to be considered by the Court are, the degree of danger' to which the vessel was exposed, and from which she was rescued by the salvors, the 'mode in which the services of the salvors were applied, and the risk incurred by the salvors in rendering the services (2) Where ' no special risk has been incurred salvors, salvage reward is allotted upon a calculation (1)H e relied upon the following cases:—The Glenfruin, 2032.; The Sappho, Pritch. Adm. D. 2031; The Middleton, 2026; The Grantully, Pritch. Adm. D. 2025.; The Miranda 2012; The City of Brussels, Pritch. Adm. D. 1998: The D. 1984; The Isis, Pritch. Adm. D. 1967 ; The Ayrshire, 1965 ; The Inchrhona, Pritch. Adm. D. 1959 ; The Lord O'Neil D. 1953 ; The Osiris, Pritch. Adm. D. 1950 ; The Memphis, D. 1949 ; The Glamis Castle, Pritch. Adm. D. 1947 ; The Adm. D. 1942 ; The Verona, Pritch. Adm. D. 1941 ; The Adm. D. 1935 ; The City of Berlin, Pritch. Adm. D. 1934 ; The Pritch. Adm. D. 1932 ; The France, Pritch. Adm. D. 1931 ; The Richmond, Piitch. Adm. D. 1925. (2) The Chetah, 38 L.J. Ad. 1 ; L.R. 2 P.C. 205. 111 1 912 AN F D o BL R A D CK TH v. E Lux greatly. 5T!AMBHIP L vx . Argument been of Counsel. - by the Pritch. Adm. D. Pritch. Adm. D. Pritch. Adm. D. Gorji, Pritch. Adm. • Pritch. Adm. D. Pritch. Adm. Pritch: Adm. Sussex, Pritch. Rhynland, Pritch. Republic, City of
112 EXCHEQUER COURT REPORTS. [VOL. XIV. 1912 of a fair remuneration for time and trouble to the owners P DV AR e D of the salving vessel and to each hand engaged. (1) AND BL % TaE In estimating the amount of a salvage remuneration STEAMSHI P Lux. the Court takes into consideration, first, the value of Argument the property saved, and next the actual perils from of l:ounsel, which it has been saved. In considering the perils, the possibility of assistance being rendered to the vessel in peril must be taken to lessen the amount to be awarded. (2) Reference is also directed to the case of the SS. Lydia against the SS. Millwall decided by Sir Samuel Evans in the Admiralty Division on October 18th 1912, not yet reported, but published in an English newspaper called Fairplay, Oct. 24th, 1902. W. A. Henry, K.C., for defendant. It is less meritorious where the relieving steamer is a tow as in this case. Where the relieving steamer uses her own motive power it is more meritoridus. The danger was nothing. The Boston could easily get out of the way in case of a breakdown. The danger of running into the towed vessel is too remote. Nothing indicates that the size of the Boston was the proper size for acting as a rudder for the Lux. If there was no great strain on the Lux there was likewise none on the Boston, and vice versa. There was no deviation nor delay to the salving steamer. She was bound to Halifax and arrived with very little, if any, delay. We did the towing and thus saved the Boston her coal. A vessel which has steam is in less danger than without it. (1) The Otto Hermann, 33 L.J. (2) The Werra, 56 L.J. Ad. 53; 12 • Ad. 189. :.D. 52; The Edenmore (1893) Prob. 79 mmor-
VOL. XIV.] EXCHEQUER COURT REPORTS. 113 The Lux was in no danger as she was not drifting 1 912 around. She only requited to be . steered while her PI DM U CARD _ AND BL ACK , rudder was being repaired: She was in the line of V. THE steamers and could be reported by wireless. She STEAMSHIP Lux. was not in a stormy sea as in the case of the Millwall. Reasons for The Boston in consequence lost no time from Turk's Judgment. Island to Halifax. The time occupied was forty-eight hours' from the time she connected until arrival in Halifax. The distance was less . than 200 . miles. The amount allowed should be very little more than for .tonnage. In The Gorji (1) the amount allowed is less than asked here. Mr. McInnes replied. DRYSDALE, L. J., now (November 1st, 1912,) delivered judgment. , The services here are Admiralty salvage services, the only question in controversy tieing' the amount the salvors should be awarded. The value of the_ship salved is about $90,000.00. The Lux was in latitude 41.. 30 North, longtitude 64. 12 West on October 4th last in distress with a damaged rudder. She was in the track of ships, but in such a condition that she sent up distress. signals and called for aid. The plaintiffs' ship, the Boston, went to her assistance and either steered or staid by her for forty-eight hours until she was safely landed in Halifax. The services, I think, were somewhat difficult as the weather was such as to part the'hawsers, and laying by all one night was necessary in the effort. to bring the Lux in. The value of the 'salving ship, her cargo and freight. was about $96,000.00 and I must be guided as near as I can by the authorities in salvage awards. (1) 2 Pitch. Adm: D. 1984. 38736-8
114 EXCHEQUER COURT REPORTS. [VOL. XIV. 1912 Taking all the circumstances into consideration NCKFORD and guided by the modern precedents, I am of opinion AND BLACK p T that fair and just salvage remuneration ought to be AE STEAMSHIP Lux. fixed at the sum of $4,500.00, to be apportioned as Reasons f r follows :--$3,750.00 to the owners of the Boston and Judgment. $750.00 to the master and crew; of this $750.00 the sum of $250.00 is awarded the master and the other $500 to bé divided between the other officers and crew according to their rating. The master and crew are directed to be joined in the action in order that they may get the benefit of this award and to make the question as regard their award res adjudicate. I understood the parties in the hearing to consent to this joinder and to have the whole matter disposed of in this award. Judgment accordingly.
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