The owner of the saving vessel shares largely in the salvage claim, because his vessel usually incurs some peril by the rendering of the services, (c) and always by the deviation annuls its insurance, (d) unless that deviation be for the purpose of saving life. (e) * 319 *There may be two or more different sets of salvors. But salvors of property derelict acquire, by taking possession thereof, a vested interest in the property, which is only lost. by their abandonment of it. (f) Salvors saved by other salvors do not lose their claim; (g) and a second set has no right to interfere with the first set, without a belief, on reasonable grounds, that their assistance or interference is necessary to save the property from destruction. (h) If they render their assistance unnecessarily, and without request, their services inure to the benefit of the first salvors. (i) Where there are two or more sets of salvors, all having a just claim, the salvage compensation is divided among all, in such proportions as the admiralty court deems proper. (j) All the salvors may join in one libel. They may have sepa rate libels if the rights of the parties are adverse to each other; (k) but if different libels are filed unnecessarily, the cost of such needless libels will not be charged on the proceeds. (1) 5. OF SALVAGE COMPENSATION. It is This is never merely pay or in the nature of wages. always a reward. (m) The amount is determined by the danger try are conflicting. See Sch. Wave v. Hyer, 2 Paine, Č. C. 131; Dulany v. Sloop Peragio, Bee, 212; Dexter v. Bark Richmond, 4 Law Rep. 20; Callagan v. Hallett, 1 Caines, 104; Love v. Hinckley, Abbott, Adm. 436; Hand v. The Elvira, Gilpin, 60; The Brig Susan, Sprague, 499; Hobart v. Drogan, 10 Pet. 108; Lea v. Ship Alexander, 2 Paine, C. C. 466; Hope . Brig Dido, id. 243. (c) The San Bernado, 1 Rob. Adm. 178; The Roe, 1 Swabey, Adm. 84; Evans v. Ship Charles, 1 Newb. Adm. 329; The Nathaniel Hooper, 3 Sumner, 542. (d) See Bond v. Brig Cora, 2 Wash. C. C. 80; The Nathaniel Hooper, 3 Sumner, 578; Barrels of Oil, Sprague, 91. But in The Deveron, 1 W. Rob. 180, Dr. Lushington held, that in apportioning the remuneration in salvage cases every vessel was to be considered as uninsured, on account of the inconvenience of considering in each case whether a vessel had forfeited its insurance. See also The Orbona, 1 Spinks, Adm. 161. Crocker v. Jackson, Sprague, 141. The Dantzic Packet, 3 Hagg. Adm. 383; The Glory, 2 Eng. L. & Eq. 551; The Samuel, 4 Eng. L. & Eq. 581. (9) The Ship Henry Ewbank,'1 Sumner, 400; The Jonge Bastiaan, 5 Rob. Adm. 322; The Watt, 2 W. Rob. 70. (h) Hand v. The Elvira, Gilpin, 60; The Maria, Edw. Adm. 175; The Samuel, 4 Eng. L. & Eq. 581; The Amethyst, Daveis, 20. (i) The Blenden Hall, 1 Dods. 414; The Fleece, 3 W. Rob. 278; The Mary, 2 Wheat. 123. (j) The Barque Island City, 1 Black, 121; The Jonge Bastiaan, 5 Rob. Adm. 322; Cowell v. The Brothers, Bee, 136, The Samuel, 4 Eng. L. & Eq. 581. (k) The Ship Henry Ewbank, 1 Sumner, 408. (1) The Ship Henry Ewbank, 1 Sumner, 400 The Sch. Boston, 1 Sumner, 328; Hessian v. The Edward Howard, 1 Newb. Adm. 522. (m) The Sarah, 1 Rob. Adm. 313, incurred, by the skill manifested, by the difficulty of the service, and by its duration. (n) There is for no case a fixed rule; but admiralty is much influenced by the numerous precedents *320* in adjudged cases. (o) Still the court judges for itself as to the applicability of the precedents. And it has been said, that the precedents of ocean salvage are not applicable with much force to salvage claims for services rendered on our western rivers. (p) In a case of unquestionable derelict, while there is no absolute rule, it may be said, that very seldom would less than one-third or more than half of the property saved, be given. (9) It is held, that admiralty will not decree salvage for saving life alone. (r) It would then indeed have no property for its decree to take effect upon. But the saving of life is always considered, if it be connected with the saving of the property for which a claim is made. (s) As the whole amount of salvage compensation is subject to no absolute rule, so neither is its distribution. Generally, however, the owners of the saving ship receive one-third of the amount decreed. (t) The master receives about twice as much as is given to the mates; and the mates receive more than is given to the sailors. Salvage compensation is allowed generally on all the property saved; on the ship, the cargo, (u) and the freight. (v) Where public property is saved, there is no authority for saying that a claim would be allowed for saving a government vessel, or a libel on the vessel sustained. But if a cargo is saved, the goods of 2. (q) Tyson v. Prior, 1 Gallis. 136; Post Jones, 19 How. 161; The Elwell Grove, 3 Hagg. Adm. 221. The old rule used to be to give one half the property saved in a case of derelict; but there is now no fixed rule, although this is usually given. The Aquila, 1 Rob. Adm. 45; The Florence, 20 Eng. L. & Eq. 607; Post v. Jones, 19 How. 161; Rowe v. Brig 1 Mason, 377; Barrels of Oil, Sprague, 91. (r) The Zephyrus, 1 W. Rob. 329, The Renpor, 8 P. D. 115. (s) The Aid, 1 Hagg. Adm. 83; The Emblem, Daveis, 61; Barrels of Oil, Sprague, 91. See the Merchants' Shipping Act of 17 & 18 Vict. c. 104, § 459; The Bartley, 1 Swabey, Adm. 198; The Coromandel, id. 205; The Clarisse, id 129; Arnold v Cowie, L. R. 3 P. C. 589 (1) The Henry Ewbank, 1 Sumner, 400; Mason v. Ship Blaireau, 2 Cranch, 240; The Amethyst, Daveis, 28; Union Tow-Boat Co. v. Bark Delphos, 1 Newb. Adm. 412. For cases where more than one-third has been allowed, see 2 Parsons Mar. Law, 622, where this question is fully discussed. (u) The George Dean, 1 Swabey, Adm. 290; The Mary Pleasants, id. 224. (e) The Peace, 1 Šwabey, Adm. 85. government might perhaps pay the same rate as those of individuals. (w) The exceptions to this general liability to sal vage * appear to be in favor of the mails, (x) and perhaps * 321 ships of war of the government of the saving ship, (y) of clothing left by master and crew, (2) of money on the person of a dead man, (a) of bills of exchange (b) of evidences of debt, and of documents of title. 6. OF SALVAGE BY PUBLIC ARMED SHIPS. This is demandable of right for property saved from pirates, or from a public enemy, (c) or by a recapture. (d) In these cases. the amount and the distribution are generally regulated by statute. (e) But no salvage is allowed except to a ship actually assisting in the service of salvage. (ƒ) 7. HOW THE CLAIM FOR SALVAGE COMPENSATION MAY BE BARRED. There may be a custom to render services gratuitously, which would bring these services under the same rule which is applied to services rendered as a legal duty. (g) Thus, it has been said, that it is a custom for steamers on the Mississippi to draw others off a sand-bar, without compensation. (h) A custom in one port is not binding on ships of other ports, which render salvage services at the port where the custom prevails. (i) If ships sail as consorts under a contract to assist each other, neither can claim salvage compensation for services rendered under this contract. (j) The contract itself may be implied from circumstances. It may be a question, how far a claim for salvage compensation may be made, when both vessels belong to the same owner. (k) We see no sufficient reason, however, why the fact should bar the claim of salvage for the master and (w) In The Lord Nelson, Edw. Adm. 79, a claim for salvage was maintained against a government transport. No opposition was made by government. In The Marquis of Huntly, 3 Hagg. Adm. 246, a salvage service was rendered to a government transport, and a quantity of government stores were saved. The gov ernment assented to the court's decreeing salvage. (1) Sch. Merchant, cited in Marvin on Salvage, 132. (y) The Comus, 2 Dods. 464. (z) The Rising Sun, Ware, 378. (a) The Amethyst, Daveis, 29. The expense of his interment was allowed out of this money. (b) The Emblem, Daveis, 61. (c) Talbot v. Seamen, 1 Cranch, 1. (d) Sch. Adeline, 9 Cranch, 244. (e) Act of 1800, c. 14, 2 U. S. Stats. at Large, 16. (f) The Dorothy Foster, 6 Rob. Adm. 88. (g) The Harriot, 1 W. Rob. 439. See The Swan, id. 68; Williamson v. Brig Alphonso, 1 Curtis, C. C. 376. (h) Montgomery v. The T. P. Leathers, 1 Newb. Adm. 429. note (i) The Red Rover, 3 W. Rob. 150. * 322 * crew, unless the vessels are consorts under a contract as above stated. Salvage services are sometimes rendered under a special bargain made with the salvors, at the time of salvage; but admiralty would pay no great regard to such a contract, unless it were equitable, and conformed to the merits of the case, and made by parties, capable of judging as to their obligations, with a clear understanding of the nature of the agreement. (1) 1 And the bargain must be distinct and explicit as to the amount and terms. (m) By an important and established rule all salvage compensation is wholly forfeited by an embezzlement of the property saved; (n) 2 but this forfeiture only extends to guilty parties, and innocent co-salvors are not affected thereby. (0) On the trial of salvage cases, salvors are competent witnesses for themselves and for each other. (p) This competency arises from necessity. In cases of the greatest importance, as generally in cases of derelict, there are and can be no other witnesses as to the material facts of the case, but the salvors. But their interest in the result demands that their testimony should be carefully weighed, and as their competency arises from necessity, it is limited by necessity; and for independent facts, which may be proved by other testimony, such testimony should be demanded. (q) (1) The Mulgrave, 2 Hagg. Adm. 77; Bondies v. Sherwood, 22 How. 214; The Whitaker, Sprague, 282; Post v. Jones, 19 How. 150, Eads v. Steamboat H. D. Bacon, 1 Newb. Adm. 280; Williams v. Barge Jenny Lind, id. 443. (m) The True Blue, 2 W. Rob. 176; The Henry, 2 Eng. L. & Eq. 564; The Resultatet, 22 id. 620; The British Empire, 6 Jurist, 608; The William Lushington, 7 Notes of Cases, 361. (n) Sch. Dove, 1 Gallis. 585; The Bello Corrunes, 6 Wheat. 152. See The Albany, 44 Fed. Rep. 431. (0) The Barque Island City, 1 Black, 121; Mason v. Ship Blaireau, 2 Cranch, 240. (p) The Elizabeth & Jane, Ware, 35. (9) The Boston, 1 Sumner, 345; The Henry Ewbank, id 432. 1 Thus where after the agreement for salvage has been made circumstances wholly change, the court will deal with the question of salvage as if no contract had been made. The Westbourne, 14 P. D. 132. And where, as a condition of rendering service, the salvor makes an unfair bargain with the master of the vessel in distress, the court will disregard the agreement, treating it as made under compulsion. The Mark Lane, 15 P. D. 135. See also The Medina, 1 P. D. 272; 2 P. D. 5; The Silesia, 5 P. D. 177. But if the agreement for salvage is not unreasonable, it will be enforced, The Ganges, L. R. 2 A. & E. 370; The Waverley, L. R. 3 A. & E. 369; The Prinz Heinrich, 13 P. D. 31; Bowers v. The European, 44 Fed. Rep. 484, 490; The Sir William Armstrong, 53 Fed. Rep. 145; The Sirius, 53 Fed. Rep. 611. Such a contract does not deprive the salvor of his lien. Chapman v. The Engines of the Greenpoint, 38 Fed Rep. 671. 2 So the master and crew of a vessel which has negligently run down another vessel cannot claim salvage, as their own misconduct caused the danger. Cargo ex Capella, L. R. 1 A & E. 356. For other cases where misconduct on the part of salvors was held to reduce the compensation to which they were entitled, see The Marie, 7 P. D. 203; The Yan Yean, 8 P. D. 147. We should also strongly insist upon another rule, grounded on the competency of the salvors, and necessary to secure or induce their veracity. It is, that positive and material falsehood should be regarded as an embezzlement of the truth; and should work a forfeiture, in the same way and to the same extent as an embezzlement of the property. Salvage claims may undoubtedly be barred by lapse of time; for an admiralty court, like a court of equity, does 323 not regard or enforce stale claims. (r) More than three thousand years ago, the commerce of the Mediterranean appears to have been governed by the laws of Rhodes; so called, because they originated in that island, then a mart of commerce. One of its rules has survived to this time, and is now a universal rule of commerce, and is likely to remain so; because it is founded equally upon justice and expediency. This rule is the rule of general average. Substantially, the rule is this; that where maritime property is in peril, and the sacrifice of a part is made for and causes the safety of the rest, that which is saved contributes to make up the loss of that which is sacrificed. (s) 1 The justice of this rule is obvious. And its expediency is equally certain, though it may not be so obvious. If, when a ship with its cargo were in peril, and some of the goods must be thrown over, to save the rest, and what was thus thrown over was wholly lost with no indemnity to the owner, the question would always arise, which of the freighters should thus suffer. Each freighter would then endeavor to protect himself, either by exerting an undue influence over the master, who should think of nothing but the safety of the whole property in his charge, or by taking care that their goods were placed in the ship beyond easy reach, or by sending some one in the ship to look after their (r) The Rapid, 3 Hagg. Adm. 419; The Samuel, 4 Eng. L. & Eq. 581; Coburn v. Factors', &c. Ins. Co. 20 Fed. Rep. 644. (s) This rule, as preserved in the Roman civil law (Dig. 14, 2), is as follows: "Lege Rhodia cavetur, ut si levandæ navis gratia jactus mercium factus est, omnium contributione sarciatur quod pro omnibus datum est." 1 The circumstances must be such as to imperil the safety of the ship, not merely the successful prosecution of the voyage. Svensden v. Wallace, 13 Q. B. D. 69; 10 App. Cas. 404; Royal Mail S. P. Co. v. English Bank, 19 Q. B. D. 362, 370; Bowring v. Thebaud, 42 Fed. Rep. 794. VOL. II. 28 433 |