Mengel Box Co. v. Joest

Citations

• 127 Miss. 461
• 90 So. 161

Syllabus

<p>1. Salvage. No lien at common law to salvor carrying right of exclusive possession of vessel, though derelict.</p> <p>There is no lien- or charge given by the common law to the salvor of a vessel in* marine peril against such vessel, which carries with it the right of exclusive possession of such vessel in the .salvor for the purpose of enforcing such salvage claim, even though such vessel be a derelict.</p> <p>2. Salvage. Under statute salvor has no exclusive possession unless vessel a derelict.</p> <p>Nor is there given to the salvor of a vessel in marine peril by our statute (chapter 120, Laws of 1908; Hemingway’s Code, sections 7305 to 7314, inclusive) the right of exclusive possession of such vessel for the purpose of enforcing his salvage claim, unless such vessel be a derelict.</p> <p>3. Salvage. Under maritime laws and under statute salvor of derelict has exclusive right of possession to enforce salvage claim. •</p> <p>Under the maritime law, as well as by virtue of chapter 120, Caws of 1908 (Hemingway’s Code, sections 7305 to 7314, inclusive), the salvor of a vessel which is a derelict is given the exclusive right of possession for the enforcement of his claim for salvage.</p> <p>4. Salvage. Statutory term “derelict” presumed used as defined by maritime lazy.</p> <p>It is to be assumed that the legislature used the term “derelict” in section 1, chapter 120, Laws of 1908, Hemingway’s Code, section 7305, in its well-understood sense as defined by the maritime law.</p> <p>5. Salvage. “Derelict” defined.</p> <p>A “derelict” is not alone a vessel in marine peril; it is a vessel found upon the seas or other navigable waters forsaken and without any person in command; a vessel which has been abandoned by master and crew without hope of recovery; and the mere quitting of a vessel for the purpose of securing assistance from shore and with the intention of returning to her again is not such an abandonment as would cause a vessel to be a derelict in the sense of th