Page:United States Statutes at Large Volume 5.djvu/190

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154 'I‘WENTY·FOUR.TH CONGRESS. Sess. II. Ch. 23,25. 1837. boundarypftwo be lawful for the master. O1' 00mm2U1d8i' of any ycssel coming imo 0,- $¢¤¤¢¤» P*l°'¤ going out of any port smmte upon waters, whnch are the bgundary l‘°°“S°‘i by l 'lot dul licensed thd eww,. may be between two States, to cmp oy any pl y _ 01* nu onze by employed. the laws of either of the States bounded on the smd waters, to pilot said vessel to or frpm said port; any law, usage, or custom, to the coutrary notwithstandmg. Avmovxu, March 2, 1337. Snruu II. CHAP. XXIII.-An Act to cxleml for zz longer period the several acts now in om;

 for the religf q/' certain insolvent debtors of the United Smtes. f

Be it enacted by the Senate and House of Representatives of the Emnded {Or United States of America in Congress assembled, That the act. entitled time y¤¤fS· "An act for the relief of certain insolvent debtors of tlnc United Smtesf 2Afé3ffcl¥“2‘g' passed on the second day of March, one thousand exght hundred and 1mofJ¤1} 14; thirty·0ne, and an act in addition thereto, passed on the fourteenth day 1832. ch. 230. of July, one thousand eight hundred and thirty-two, and an act to revive 1é;"gh]‘;Q° 7* and amend the said acts, passed on the seventh day of J unc, one thou- ’` sand eight hundred and thirty-four, be, and the same are hereby extended and continued in force for three years from and after the palssage of this act. Application. $120.2. And be it further enacted, That the provisions of the said several acts shall a l to cases of insolvenc which shall have accrued PP Y Y occurred on or before the first da of Januar last. Y Y A1-mzovmz, March 2, 1837. _ ` Survrz H. ·-·-·· March g, 183% Cmp. XXV'.-Mn Act to provide for the adjustment of title and jim! disposition ··-—-——- of the four reserved seclinm in the tract of country allotted to the Tombecbcc dssnciatian for the encouragement of the cultivation of the vine and olive. pm,,,,, em;. Be it enacted by the Senate and House of Representatives of the ded no allan- United States of America in Congress assembled, That all persons who glgal outside of the point, among the east breakers. The gale increased m a hurricane, und forced the vessel on her beam ends, und her masts and bowegrin were cu: awax. The master aqd crew de serted her to save their lives. After various fruitless e arts to says her, the hbcllzmts, all pnlots of the cuter harbor of Mobile, two days after she was stranded, and whale yet m great peril, succeeded : and _ she was brought up to the city of Mobile by them, tqwed by their pilqt boat, assisted by a ptenmbout employed by them. On n libel for salvage, the distrzct. court of xhe United Sgates for the dlsmct of Alabama allowed, as snlva e, one-xhird of 15,299 dollars and 58 cents, the appraxsed value of the brig u¤d cargo. The owners ol; the brig and cargo appealed to the supreme court. By the Coun-:-A_ pxlut, whx e actm_g within the strict line of his duly, however he may entitle himself to extraordinary pnlotage cpmpenszmon for extraordinary services, as ccmradistinguished from ordinary pilotage for ordinary servrceq, cannot be entitled to claim salvage. In this respect he is not distinguished from any other ni·Hcer, publxc or private, actlxw within the appropriate sphere of his duty. But a pilot, as such, is not disabled, xr} virtue of his office, llom becoming u salvor. On the contrary, whenever he performs salvage servnces beyond the line of his appropriate duties, or under circumstances to which those duties do not justly mach, he stands in the same relation to phe property as any other szxlvcr: that is, with a title to compsmsauon to zhe extent of the merit of lus services, viewed in the light of a liberal public policy. Hobart v. Drcgzm, 10 Peters, 108. Seamen, m the ordinary course of things, in the performance of their duties, are not allowed to becpmc salvors, wlmmvcx may have been the perils, or hardships, or gallamry of their services, in suving the ship and cargo. Extraordinary events may occur, in which their connexion with the ship may Be dmsolved, de faqto, or by operaucn of law; or they may exceed their proper duty, in which cuseq they mpy_be permmcd to claim as salvors. Ibid. It ms nop wuhm the scope of the positive duties of an pilot to goto the rescue of a wrecked vessel, and clnplcy lmpself in saving her, or her cargo, when she was wholly unuavigable. Tha:. is a. duty entirely dnstmct lH1lS nature, and no more belonging to apilot than in would be no supply such a vessel with masls 01; smls, or to employ lighters to dmc mrgc her cargo in order to float her. It is properly a salvage gervnco, mvqlving dulios and responsibilinies, for which hxs employment may peculiarly fit him; but yet an ncpense included in the duty of navigating the ship. Ibid. ’IQhis was a ease whcrc ghe libellangs acted as saivors, und not as pilots. They had, at the time, nu pagtxeular relation to the dxszressed shlp. They proffered useful services as volunteers, without any preex1stmg_c0vem:mt that connected them with the duty of employing themselves for her preservation. Pipe dutlcgbtgey undertook were far beyond any belonging to pilots; and precisely those belonging to sn vers. . Suits for Qlclage on the high seas, und cm waters navigable from the sea, as far as the tide ebbs and Hoya, are withm thu gdmiralty apd_maritimc jurisdiction of the United States. The service is strictly murmmc, and falls wnhm the prmmples already esmbhshed by the supreme court in the case of the Thomas Jefferson, 10 Wheatmfs Rep. 428, and Peyroux v. Howard, 7 Petcrs’ Rep. 324. Ibid.