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being defective will give no right of action to the owners of the ship towed (j).
CASE. A barque in charge of a pilot was being towed by a steam-tug in waters where the employment of a pilot was compulsory. The tug ported her helm and passed across the bows of a brig under way. The barque having no room to follow in her wake, came into collision with the brig. The pilot gave no orders to the tug either before or after she ported. Had he done so, even after the tug had ported, the collision might have been avoided. Held, that though the tug was to blame for porting, the owners of the barque could not recover from the tug damages for tho collision, their pilot not having given the proper orders ().
$ 106. In cases where both the tug and tow are to blame for a Respective collision with a third ship, neither can the tow recover
tug and tow damages as against the tug; nor the tug as against the for damage. tow (1). If, however, the tug is free from blame, the tow being alone in fault, the tug can recover from the tow damages in respect of a collision (m).
a Where the tug damages through negligence her tow, not only will her right to any towage or salvage remuneration be forfeited, but she can be sued for the damages sustained (n); unless she is by the terms of the towage contract released from liability in respect of damage arising from the negligence of her owners or their servants (o).
Similarly, if the tug, through her own negligence,
() Robertson v. Amazon Tug Co., P. C. 210; see “Cases" (6) at end 7 Q. B. D. 598 (C. A.); 51 L. J., of this $. Q. B. 68; 46 L. T. 146.
(») The Christina, 3 W. Rob. 27; (k) The Energy, L. R., 3 A. & 6 Moo. P. C. 371 ; see “Cases" (2) E. 48.
at end of this ; The Thetis, 3 Mar. (?) The Energy, L. R., 3 A. & E. Cas. (O. 8.) 367; see “Cases” (3) 48; Smith v. $t. Laurence Tow at end of this $; The Nightwatch, Boat Co., L. R., 5 P. C. 308; see Lush. 542; The Robert Dixon, 5 “ Cases" (1) at end of this s; but P. D. 54; 42 L. T. 344 (C. A.); see The Cartsburn, 5 P. D. 59 “ Cases (4) at end of this $; (C. A.)
The Energy, 3 A. & E. 48. (m) The Julia, Lush. 224; 14 Moo. (o) The United Service, 8 P. D. 56.
damages not her tow, but a third vessel, the owners of the tug will be liable for the damage caused, even though her tow were compulsorily in charge of a duly licensed pilot, whose default solely caused the collision (6). The owners of the ship in tow, however, will be liable for the collision as well (p). The owners of either the tug or tow will be entitled to the benefit of the statutory limitation as to liability (2).
Where two vessels agree to be towed by the same tug, and during the towage one runs into the other, the latter cannot recover damages from the vessel which ran into
CASES. 1. A vessel in tow during a thick fog, though knowing it was dangerous to proceed, did not order the tug to stop. The tow consequently ran aground. The owners of the tow sued the owners of the tug for damages. Held, the latter were not liable, as the tow contributed to the accident (s).
2. A steam-tug employed to tow a ship from Gravesend to the Surrey Dock, by disobeying the pilot's orders, brought her into collision with a barque in Limehouse Reach. IIeld, that the owner was not entitled to any towage remuneration, on account of the tug's misconduct (1).
3. The steamship Thetis agreed to tow into port another ship which was disabled. The policy of insurance and the bills of lading of the Thetis allowed her to assist and tow vessels, though the master had never had instructions from his owners as to salvage services. The Thetis, when endeavouring to take the disabled ship in tow, came into collision with her and sank her. The Thetis was alone in fault. IIeld, her master had acted within the scope of his general authority, and that her owners were therefore liable (u).
4. A tug agreed to tow for a fixed sum a ship from Liverpool to the Skerries. The tug imprudently towed the ship in bad weather too near the lee shore. The weather then became worse, the hawser
(0) The Mary, 5 P. D. 14; 48 L. J., P. 66; 41 L. T. 351; 28 W. R. 95.
(p) The Sinquasi, 5 P. D. 241; 50 L. J., P. 5; 43 L. T. 768.
(1) See Chap. XIV. § 95, p. 162; Mahiberg v. Young, 45 L. J., C. P. 783.
(0) Harris v. Anderson, 14 C. B., N. S. 499.
(s) Smith v. The St. Lawrence Tow Boat Co., L. R., 5 P. C. 308.
(1) The Christina, 3 W. Rob. 27; 6 Moo, P. C. 371.
(“) The Thetis, 3 Mar. Cas. (O.S.) 3:37.
parted, and the ship had to let go her anchors to avoid being driven on shore. After necessarily slipping her chains and anchors, which were lost, she was rescued by the tug. Held, (1) that the tug could not claim salvage remuneration, and (2) that her owners must pay for the chains and anchors lost (r).
5. A steam-tug contracted to tow a vessel in the Channel. The master and crew of the tow disobeyed the orders of the pilot compulsorily in charge. A collision was thereby brought about, and the tug was damaged. Held, that the owner of the tow was liable for the damage caused to the tug(y).
$ 107. The owners of the tug will be entitled to recover the Towage
remuneration sum agreed to be paid them for the services rendered to and lien for the tow. If no such sum has been agreed on, they can same. claim such a sum as will constitute a fair and reasonable remuneration for the services rendered. In either case the sum payable for towage will create a lien on the vessel towed (3), which lien will have priority over any bottomry bonds (z) on the ship given previously (a). The lien can be enforced in the same manner as in cases of collision (6).
In cases where a fixed sum for towage has been agreed on, the owners of the tug will be bound thereby, and cannot claim extra remuneration in consequence of a delay occurring without the fault either of the tug or tow (c).
Case. A tug contracted to tow a ship from A. to B. for a specified sum. During the towage the ship was injured by a collision. The tug was thereby detained three days in attendance on the ship. Held, that the tug was not entitled to extra remuneration for the delay(d).
SALVAGE AND WRECK.
$ 108. Salvage when Salvage is a compensation to be made by the shipowner payable.
or merchant, to other persons by whose assistance the ship or the cargo is saved from impending peril, or recovered after actual loss (a). Should the salvors afterwards abandon the ship or cargo so saved or recovered, they will forfeit all right to salvage reward (v). The same result will follow from any guilty misconduct on the part of the salvors. Even overbearing conduct, not amounting to wilful misconduct, will be a ground for lessening the salvage reward (c).
If the cargo be owned by several merchants, and only part of it be rescued, the owners of the part lost are not liable to pay any portion of the sum awarded as salvage (d).
Salvage may be due on account of a rescue from either the perils of the sea, or from the power of an enemy. But
, there can be no claim to salvage, where the attempt to salve has not been successful (e).
If one vessel assist another on a stipulation that the latter will make good any damage caused thereby to the former, such stipulation will not bar a claim for salvage (f).
Where one of two ships in collision, and entangled in a position dangerous to both, is towed clear of the other, and
(a) Abbott, pt. vi. c. 2; The
(6) The Killeena, 6 P. D. 193;
“ Cases" (4) at end of this g.
(c) The Ilarie, 7 P. D. 203.
(d) The Cargo ex Sarpedon, 3 P. D. 28.
(e) The Hawkins, 31 L. J., Adm. 46; see “Cases” (3) at end of this §.
(1) The Lustre, 3 Hagg. A. R. 154.
so both ships are freed from danger, salvage can be claimed from the owners of both ships (9).
All articles preserved through the salvage services will have to contribute according to their respective values (1).
Salvage must be distinguished from pilotage. A pilot is, When payas a general rule, only entitled to the ordinary pilot fees for able to pilot
or tug. his services in navigating a vessel from a dangerous situation to a safe anchorage. But if the risk incident to the services to the vessel were such that the pilot could not be reasonably expected to perform them for ordinary or even extraordinary pilotage fees, the pilot will then and then only be entitled to claim salvage remuneration (i). A similar distinction will be drawn in the case of towage services (k).
Cases. 1. A German vessel was wrecked in British waters, and some of the passengers and crew were saved by certain boats. Subsequently a large amount of specie was recovered from the wreck by divers. Held, that the owners, masters and crews of the boats were entitled to salvage out of the proceeds of the specie (1).
2. A tug, when towing a vessel, observed another vessel ashore, and went out of her way to inform another tug of the fact. The latter tug then proceeded to the stranded vessel and towed her into safety. Held, that the owners, masters and crews of both tugs were entitled to salvage (m).
3. The screw of the H. bound from Cronstadt to London was damaged. Another vessel, the C., fell in with her and took her in tow; but after towing her for some distance the rope parted, and the H. drifted away and was lost sight of. Held, that the owners and crew of the C. were not entitled to salvage (n).
4. The barque N. fell in with the K., a derelict, in the Atlantic, and put five men on board her. After being navigated by them for
(9) The l'andyck, 7 P. D. 42; see “ Cases" (6) at end of this s.
(h) The Longford, 6 P. D. 60; 50 L. J., P. 28; 44 L. T. 254 ; 29 W. R. 491; see
Cases" (6) at end of this s.
(i) Akerblom v. Price, 7 Q. B. D. 129; 50 L. J., Q. B. 629; 44 L. T. 837 (C. A.); see “Cases" (7) at end
of this s.
“ Cases" (8) at end of this $.
(m) The Sarah, 3 P. D. 39.
(*) The Hawkins, 31 L. J., Adm. 46.