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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Magistrates of Aberdeen v Dunnet. [1762] 5 Brn 638 (00 January 1762)
URL: http://www.bailii.org/scot/cases/ScotCS/1762/Brn050638-0783.html
Cite as: [1762] 5 Brn 638
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[1762] 5 Brn 638
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 WRECK.
The Magistrates of Aberdeen
v.
Dunnet
1762 .Click here to view a pdf copy of this documet : PDF Copy
In all cases of wreck, or where a ship is stranded, or deserted by the crew, the Admiral and his deputes have the sole right of keeping and intromitting therewith, Falc., 2, No. 200. Arg.:—The quantum of salvage was, in two cases, anno 1749, struck by the Admiral at one-fifth part, 22d September 1749, Brandt and Factor against Earl of Findlater; 19th December 1749, Brandt and Factor against Magistrates of Aberdeen. But, in a case decided anno 1762, Magistrates of Aberdeen against Dunnet, the Lords restricted it to his expense, and what was a reasonable gratification for his trouble.
In the famous case of the Dutch East India ship, wrecked on the coast of Barra, anno 1728, it was not disputed by the Dutch proprietors that salvage was due; and accordingly, in that case, the Admiral decerned for £3000 in name of salvage, and for £8000 of expenses.
The electronic version of the text was provided by the Scottish Council of Law Reporting