Salvage. met two fishing boats. The crew of the Guinevre told those in the fishing boats of the accident and where to go. The fishing boats went and saved five other lives. 21. By the aforesaid services of the plaintiffs ten lives were saved, and the news of the disaster was first made known at Saint Mary's, the principal island, from whence other and further assistance was dispatched, and to the two fishing boats who saved five lives. 22. The services of the plaintiffs, the crews of the four boats, were rendered at great risk to themselves. 23. A small portion only of the stores and hull of the Schiller have been saved, but various valuable portions of her cargo have been saved. The total value of the property saved is £40,000. The plaintiffs claim :— 1. Such an amount of salvage as to the Court may seem just. 2. Their costs of this action. 3. Such further or other relief as the nature of the case may require. (Title.) Statement of Defence. 1. The defendants admit the statements of fact in paragraphs 1 to 22, both inclusive, of the statement of claim. 2. The services of the plaintiffs to the passengers of the Schiller were rendered at some risk to themselves, but not at great risk as alleged. 3. The said passengers were not the owners of the cargo proceeded against in this action, and the plaintiffs rendered no services to and did not attempt to save the said cargo or the owners thereof. Such cargo was saved under the circumstances in the next article mentioned. 4. Some time after the wreck of the Schiller, and after the vessel was partially broken up and with her cargo had sunk in deep water and had been abandoned by all concerned, the defendants determined to endeavour to raise six barrels of specie belonging to them, and which were known to be in the vessel's hold. The defendants thereupon engaged a staff of divers and workmen and worked for many weeks at great expense and with great uncertainty as to the success of their operations. During this time and so long as it remained doubtful whether the operations would not be altogether unprofitable, the plaintiffs did not profess to be interested in or to have a claim against the cargo in respect of which the operations were proceeding. 5. After many weeks of unsuccessful and unremunerative operations, the defendants succeeded in raising four of the barrels of specie and a portion of the contents of another barrel of the total value of £40,000, and the specie so saved was conveyed to Penzance. This specie is the cargo proceeded against in this action. 6. After the arrival of the specie at Penzance, the plaintiffs were induced by persons who had taken no part in the salvage services to put forward the claim made in this action, and they consented to do so upon being indemnified against liability for costs; and this action is being prosecuted in the plaintiffs' nanies under such indemnity. 7. Upon the arrival of the specie at Penzance it was arrested in two distinct actions by or in the names of certain of the plaintiffs in the present consolidated actions, and a third action was afterwards insti- Salvage. tuted against it on behalf of others of the said plaintiffs. The said actions were all commenced by the instructions of the same person acting or professing to act as agent for the plaintiffs and through the same solicitor, and the claim of the plaintiffs might and ought to have been put forward if at all in one action. 8. Numerous portions of the Schiller and of her tackle, apparel, and furniture had been saved and recovered by persons other than the defendants prior to the commencement of these actions, but the plaintiff's made no attempt to enforce a claim against such property. 9. The plaintiffs respectively have received, or are entitled to receive, and can upon application receive from the passengers to whom they rendered the said services, and from the owners of the Schiller and from the German Governnient, ample remuneration for their said services. The Schiller at the time of her loss was a German ship, sailing under the German flag, and by the law of Germany the ship and the owners thereof and the passengers themselves are liable for the remuneration of the services in the statement of claim mentioned, and the defendants as owners of the cargo on board the said ship are not in the circumstances aforesaid liable for such remuneration. (Title.) 1. It is not true as stated in the 4th paragraph of the statement of defence that during the time therein mentioned the plaintiffs did not profess to be interested in or to have a claim against the cargo therein mentioned. 2. The several allegations in the 6th paragraph are untrue. It is further untrue as stated in the 7th paragraph that the actions therein mentioned were all commenced by the instructions of the same person, or that the claim of the plaintiffs might or ought to have been put forward in one action. The costs of the separate institutions of the two suits and one action are trifling The several allegations in paragraphs 6 and 7 are immaterial. 3. It is not true that any portion of the Schiller, or of her tackle, apparel, or furniture, which were or are of any appreciable value, had or have been saved or recovered. 4. It is true as stated in paragraph 10 that the Schiller was at the time of her loss a German ship sailing under the German flag, but with this exception the several allegations in paragraphs 9 and 10 are untrue. 5. At the time of the render of the services stated in the statement of claim the Schiller was a ship stranded or in distress on the shore of a sea or tidal water situate within the limits of the United Kingdom, and the services so stated were rendered wholly or in part in British waters. 6. Except as herein before appears, the plaintiffs join issue on the defendants' statement of defence. (Title.) Rejoinder. The defendants join issue upon the several paragraphs of the reply. Salvage. (Ship and Cargo). 3. No. 26 (J. A.) Statement of Claim. 1. The Brazilian is a screw steamer belonging to the port of Newcastle, of the burden of 1359 tons gross registered tonnage, and propelled by engines of 130-horse power, and at the time of the rendering of the salvage services hereinafter mentioned she was navigated by her master and a crew of twenty-four hands. She left the port of Newcastle on the 27th of November, 1873, on a voyage to Genoa, and thence by way of Palmaras and Aguilas to the Tyne, and about 10 a.m. on the 26th of December, 1873, in the course of her homeward voyage, with a cargo of merchandise, she was off the coast of Portugal, the Island of Ons bearing about S. E. by E., when those on board her sighted a disabled steamer about four points on their starboard bow, in-shore, flying signals of distress. A strong gale was blowing at the time, and there was a very heavy sea running. 2. The Brazilian at once made towards the disabled steamer, which proved to be the Campanil, the vessel proceeded against in this action. She was heavily laden with a cargo of iron ore. The Brazilian, as she approached the Campanil, signalled to her, and the Campanil answered by signal that her engines had broken down. By this time the Campanil was heading in-shore, rolling heavily, and shipping a large quantity of water. The Brazilian came under the lee of the Campanil and asked if she wanted assistance. Her master replied that he wanted to be towed to Vigo, as his vessel had lost her screw. The master of the Brazilian then asked those on board the Campanil to send him a hawser, and for a long time those on board the Brazilian made attempts to get a hawser from the Campanil, and exposed themselves and their vessel to great danger in doing so. The wind and sea rendering it impossible to get the hawser whilst the Brazilian was to leeward of the Campanil, the Brazilian went to windward and attempted to float lines by means of life buoys to the Campanil. During all this time the Campanil was quite unmanageable, and yawed about, and there was very great difficulty in manoeuvring the Brazilian so as to retain command over her and keep her near the Campanil. It was necessary to keep constantly altering the engines of the Brazilian, setting them on ahead and reversing them quickly, and in consequence the engines laboured heavily, and were exposed to great danger of being strained. 3. Whilst the Brazilian was endeavouring to float lines to the Campanil, the Campanil made a sudden lurch and struck the Brazilian on her port quarter, knocking in her port bulwark and rail, and causing other damage to the vessel. After many unsuccessful efforts by those on board the Brazilian, and after they had lost two life buoys and a quantity of rope, a hawser from the Campanil was at length made fast on board the Brazilian, and the Brazilian, with the Campanil in tow, steamed easy ahead. A second hawser was then got out and made fast with coir springs, and the Brazilian then commenced to tow full speed ahead, each hawser having a full scope of ninety fathoms. 4. The Brazilian made towards Vigo, which was about thirty five miles distant; the vessels made about two knots an hour, the Brazilian Salvage. keeping her engines going at full speed. The Brazilian laboured very heavily, and both vessels shipped large quantities of water. 5. About noon one of the tow-ropes broke, and both vessels were in danger of being driven ashore, broken water and rocks appearing to leeward, distant about two miles. After great difficulty the broken hawser was made fast again with a heavy spring of a number of parts of rope, and the Brazilian towed ahead under the lea of Ons Island. 6. Shortly afterwards the weather moderated and the sea went down a little, and the Brazilian was able to make more way, and about 7 p.m. the same day she towed the Campanil into Vigo harbour in safety. 7. The Brazilian was compelled to remain in harbour the next day to pay port charges and clear at the Custom House. 8. The coast off which the aforesaid services were rendered is rocky and exceedingly dangerous, and strong currents set along it, and but for the services rendered by the Brazilian the Campanil must have gone ashore and been wholly lost, together with her cargo, and in all probability her master and crew would have been drowned. No other steamer was in sight, and there was not any prospect of any other efficient assistance. 9. In rendering the said services the Brazilian and those on board her were exposed to great danger. Owing to the heavy sea, and the necessity of towing with a long scope of hawser there was great danger of fouling the screw of the Brazilian, and it required constant vigilance on the part of the master and crew to prevent serious accident. The master and crew of the Brazilian underwent much extra fatigue and exertion. 10. The damage sustained by the Brazilian in rendering the said services amounts to the sum of £150, and the value of the extra quantity of coal consumed in consequence of the said services is estimated at £16, and £4 18. 5d. was paid by the owners of the Brazilian for harbour dues and other charges at Vigo. 11. The value of the Campanil, her cargo and freight, at the time of the salvage services were as follows, that is to say: The Campanil was of the value of £13,000, her cargo was of the value of £300, and the gross amount of freight payable upon delivery of the cargo laden on board her at Barrow-in-Furness was £675. 12. The value of the Brazilian, her freight and cargo, was about £25,050. The plaintiffs claim : 1. Such an amount of salvage as to the Court may seem just: (Title.) Statement of Defence. 1. The defendants say that upon the 22nd of December, 1873, the iron screw steamship Campanil, of the burden of 660 tons register gross, propelled by engines of 70-horse power, navigated by David Boughton, her master, and a crew of sixteen hands, left Porman, bound to Barrow-in-Furness, laden with a cargo of iron ore. Salvage. Distribu tion of 2. At about 8 a.m. of the 26th of December, whilst the Campanil was prosecuting her voyage, the shaft of her propeller broke outside the stern tube, and she lost her propeller. The Campanil was then brought to the wind, which was south by east, blowing fresh, and she proceeded under sail for Vigo, and continued to do so till about 9.30 a.m., when two steamships which had been for some time in sight, and coming to the northward, approached the Campanil. The ensign of the Campanil was hoisted, union up, as a signal to one of such steamships, which afterwards came to the Campanil, and proved to be the Brazilian, whose owners, master, and crew are the plaintiffs. 3. The Brazilian then signalled the Campanil, and inquired what was the matter, and was signalled in reply that the Campanil had lost her propeller, and required to be towed to Vigo, upon which the Brazilian signalled for the rope of the Campanil in order to take her in tow. After this the Brazilian steamed round the Campanil and up on to her starboard bow, and in so doing the Brazilian came with her port quarter into the starboard bow of the Campanil and did her considerable damage. 4. The Brazilian then threw a heaving line on board the Campanil, and one of the Campanil's hawsers was attached to the line and hauled on board the Brazilian, which passed one of her hawsers to the Campanil by means of life buoys, and when such hawser had been secured between the two vessels the Brazilian commenced to tow the Campanil for Vigo, it being at this time about 10.30 a.m., and Ous Island then bearing about south-east by south, and distant about fifteen miles. 5. The Brazilian proceeded with the Campanil in tow, but, owing to the two vessels being laden, and to the small power of the Brazilian, she was only able to make very slow progress with the Campanil, and it was not until 6.30 p.m. of the said day that the Brazilian arrived at Vigo with the Campanil, which then came to anchor off the town there. 6. The defendants on the day of tendered to the plaintiff's and have paid into Court the sum of £350 for the services so as aforesaid rendered to the Campanil and her said cargo and freight, and offered to pay the costs, and submit that the same is ample and sufficient. (Title.) 1. The plaintiffs admit the first and second articles of the Answer, and they admit that the Brazilian came into collision with the Campanil, and caused slight damage to the Campanil, but, save as aforesaid, they join issue upon the statement of defence. 4. (Title.) Statement of Claim. 1. The defendants are and were at the times hereinafter mentioned the owners of the Navarino, an iron screw steamship of 2175 tons salvage. register and navigated by a crew of sixty-two hands all told, and |