To the call for @ general parade, a more The case of-thy Barefoot, (14. Jur. $41,) is indirectly an authority for the view I have liberal response was made on Monday taken of this case. There a ship laden with night than we have had the pleasure of Jead and iron sunk off the mouth of the noticing for some time past. The night Thames; and the possession was vacant. The was cool and agreeable, although the day salvors Zaised a portion of the cargo and were had been hot; and the moon afforded light proceeding in their further sale: services, When the owners interfered, and claimed sufficient to enable the movements to be carried through without confusion, while salvors resisted, a it was held that although ight of saving the property themselves. The it did not too transparently betray to the critical' spectator some little rustiness in the ship was not derelict, or the cargo abanminutise of drill. doned, and although the' authority of At 8.45, No. 2 Company, under Captain owners remained, stil Ithe salvors were enti Cann, formed in front of the Astor House, to be paid for their services up to the time when the owners interfered, but that their re-and, keeping up a fiction of secret instracsistance to the owners was such mistions, which no doubt thoroughly mystified conduct as worked a forfeiture of all salvage the members of other Companies watching the present case, although it now appeal their departure, stole away through Hong-that the possession of the copper was not vakew, to the point at which they were first cant, the evidence shows that it was appar to assume the defensive. It was hot march-rently vacant, so far as it appeared to the ing between the mile or so of houses that line salvors that ib was not in any one's charge, the Broadway, and there was an occasional and as regards Breen it does not appear that sigh for the much-abused tramway, which he showed any authority from the Plaintiff, would have taken the men clear of the conor indeed more than stated that he was em-fined Settlement into the cool country be-ployed to salve, a fact which might be true or not true, Inasuuch thereforees the Argus yond, Arrivedatthe Kin-win-sing godowns, arrived first, and the possession of the copper here in shiraishing order, with eae big gun the Company divided, half being drawn uj appeared to be apparently vacant, the case of the Barefoot a to be an authority for in rear, and the other subdivision placed
paid for his services thus rendered, and inas-saying that the Defendant was entitled to be in the same way across the road and the river bank, some hundred yards further much as when Breen appeared, no' authority was produced by him to shew that he was the down. Here they waited, anxiously exesting the approach of the attacking body. Agent of the Company, but the evidence. goes low that force might appear was a matter of to show now that he was in fact a mere salvor, such uncertainty, too, that orders were given and there certainly was no undue interference on the road and another on with him, The case cited seems to me to be ach passing boat was put also an authority for holding the Defendant entitled to remuneration for such salvage serpicion, and from the line of cealed foo. A peaceful houseboat, which Wharves and Docks might come the con-vies as they evidently rendered.
T sum up the reasons which have induced me to come to this conclusion. I think, look: dropped anchor by the bank, came very ing at the time that was allowed to elapse, near receiving a volley of blank cartridge before any attempt was made to save the at short range. tion to reverse copper, and the nature of the contract entered the order of events, by returning up between Breen and the Plaintiff, the wtharbour in a steam launch and outflanking terly inadequate and inefficient means that the enemy, did not receive the attention Breen possessed to the knowledge of' the it merited, probably because there weren't Plaintifl to save it, the risk to which it was any-steam launches. At last the" agon-exposed, the return of the European and the ising ssu was put an end to, Japanese to Nagasaki, the non-production by "the bright th fa ride. from {because ho, ad none)' of any authority from the line in front, followed by a Plaintiff to Breen, by which he could have shown he was not a mere salvor, puta servant volley, a fusillade of independent firing, of the Plaintiff, that the Defendant was justi-and a shot or two from the howitzer. fied in getting up as much as he could of the The enemy—which had also formed at the copper and. bringing it in safety to N: Astor House, Capt. Brewerin command, and think also that the offer of the consisted of a half battery of Artillery, the shows that he considered that at the time he Rangers, the Miholoongs, and Nos. 1 and 3 made it to the Defendant, that he felt the De-Rifle Companies—now appeared in force, fondant was fairly entitled to it and I do not and Capt. Cann's advanced line -had buliore he would have made it had he not felt that his agreement. Breen was an agree-fall back on the reserva; in rear of which, too, the hi took up a position. tment fora payment in rexpectofslvage serv.
Tho'rtserve wilted till the, enemy were ices, and that as he expressed it, 80 long as ho only paid eighteen per cent., it was in-well in view, and then poured in a volley, different to him to whom he paid it, he must to which answering volleys were returned, flag have felt that hein not bestirred himself while big gun responded to-big gun. The in the preservation of the copper as he might movement became one of.gradual retreat have done, and that in so neglecting it he in-on the part of the defending, and advance duced thie' action of the Defendant. If he so on that of the attacking, force; during he did right in making the offer and only regret thought, I certainly agra with him, and think which the Rangers' distinguished themselves in one or two charges, met'by the who did not abide by it. It was & fair one for prompt rally in square of the No. 2s. the Company, anda fair one to the owners of The point at which the final stand was 4 r-or to the Insurers, and a fair one jer the circumstances to the Defendant. to be made was evidently the'scene of some excitement. As scion as the, Volunteers In coming to this decision, Thavebeen guided had cleared Hongkew, they saw the "dist-by what I consider the equities of the case. I think that the Plaintiff by not immediately ant beacon and wore guided enlisting, even at the risk of incurring greater onward by the' display of rockets, expense than has been incurred, the best and which shot thwart the unclouded sky most available means to salve this valuable and-burst into meteors of pale or pink hue, induced toa great extent the Defendant with fine effect. Blue lights burned, to believe that the -was a fair subject of Salvage. I Took also at. the fact that veal crackers exploded, and ever and anu from riverward came the boom of cannon. valuable service has been rendered to the Pressed back by the overpoivering adowners and. insurers of the copper by the vancing force, the '3cfend thersitu-'Defendant, and I therefore pronounce for the ation retreated or ibe str wwe forth these aumervur whic haa-been S208 forthe purposes of this value of t actus by hi Here, from the upper storey, suit by the consent of the: parties'at $15,000, they directed "a rapid, "and doubtless and $250 in respect of his dosts. destructive, fire on the advancing foe.
Text read from the printed page and cleaned; old type leaves the occasional error.