John E. Seamen et. al v. Schooner Forester and Cargo

John E. Seamen et. al v. Schooner Forester and Cargo

Lower Court

  • Franklin County


  • 1839


  • 476


  • 865


That salvage may be decreed there in kind, according to the usage and custom of the court for the southern judicial district of Florida. It is believed that no such usage has obtained in that Court, so as to make it the custom or law of the Court- By act of congress specially applicable to that Court it is made its duty in cases where the cargo is susceptible of division to decree salvage in kind, but in case the cargo of various and dissimilar articles of merchandise, such a mode of paying salvage would be difficult and embarrassing, and often unequal and unjust. In this case a sale of a vessel and cargo is deemed the only equal and proper course to be pursued. The owners of the goods and vessel ought moreover to have an opportunity of paying the amount of salvage decreed in cash, thereby prevent the necessity of the sale.

The cargo saved in this case has been appraised at $3075.50 and the Schooner her tackle, apparel and furniture at $1000, making an aggregate of $4075.50. The one third of this is deemed a reasonable salvage in the case. It is therefore ordered, adjudged and decreed that the Marshall of this Court after giving ten days public notice proceed to sell at public auction in the city of Apalachicola, the said Schooner Forester, her tackle, apparel and furniture, unless the owner or owners his or their agent shall pay him the sum of $333.33 the salvage hereby decreed against said Schooner her tackle and together with one fourth of the costs and expenses of this suit. In which event the Marshall is hereby ordered to deliver the said Schooner her tackle, apparel, and furniture to the said owner or his agent.

It is further ordered and decreed that the Marshall at the same time and place proceed to sell the cargo saved from said Schooner and attached in this court