The Yarkand

Citations

• 117 F. 336
• 1902 U.S. Dist. LEXIS 75

Syllabus

<p>1. Shipping—Authority op Master to Sell Ship—Necessity.</p> <p>A master, by virtue of his general authority, has no right to sell the ship in a distant port and in the course of a voyage, but his authority in that respect rests upon necessity solely, and upon the particular emergencies of the occasion. If the circumstances are such that a person of prudent and sound mind, after carefully observing all the facts and weighing all the probabilities, could have no doubt as to the advisability of a sale, the master, acting in good faith, may make such sale and give a good title.</p> <p>2. Same—Stranded Vessel—Recommendation of Surveyors.</p> <p>The master of a stranded ship is justified in giving great weight to the judgment of a board of competent surveyors selected to examine the vessel, and in selling her as she lies, on their recommendation, where he concurs in their opinion that she cannot be floated within a reasonable expense, and is in great danger of total loss, although she may be subsequently rescued and repaired by the purchaser at an expense which saves a material part of her value.</p> <p>8. Same—Varidity of Sare by Master.</p> <p>The Russian ship Yarkand stranded in the night on the coast of the Gulf of Mexico between Pensacola and Mobile Bay. The second day thereafter the master notified the owners by cable, and also the Russian vice consul at Pensacola. The latter, who was also agent for the insurers, selected three competent surveyors, and with them visited and examined the vessel four days after she stranded. She was lying broadside on the beach, bedded in the sand to a depth of 9 feet, heavily listed, bilged, and filled with water to the level of the surrounding sea. Her crew had left her, and were camped on the shore. The surveyors were unanimously of opinion that she could not be salved within a reasonable expense; that she was in great peril from storms; and recommended that she be sold, if possible, fixing her value as she lay at $1,500. The ma