Salvage

SALVAGE, includes a service rendered voluntarily by a person by saving life or property from peril, and also the reward for such service and in certain cases the thing saved, as from fire on land. Usually the word is employed in reference to salvage at sea, which has two divisions: (I) civil salvage, (2) military salvage.

Civil Salvage.

This is defined in English law as such a service as may become the ground of a reward in an admiralty court, and arises from the preservation of life or property from dangers of the sea. The jurisdiction to give it is an admiralty jurisdiction. But the right to reward was recognized in the courts of common law before the admiralty court became, as it now is, a part of the High Court of Justice, e.g., by enforcing a possessory lien of the salvor over the salved property. The origin of the rule has been traced to the doctrine of Roman law that "spontaneous services" in the protection of lives and property should be re warded. But that doctrine has not found a place in English law, except as part of the maritime law administered in the court of admiralty. Thus services on land, as in rescuing lives or houses or goods from fire, do not entitle the person rendering those services to reward, unless he has acted under some contract or employ ment. But at sea or in a harbour or dock the right to reward springs from the service itself if it has been rendered to a ship, or her passengers, crew or cargo, or to property which has been thrown or washed out of her.

The right to salvage for saving lives from ships is the creation of modern statutes. Formerly the admiralty court treated the fact that lives had been saved as enhancing the merit of a salvage of property by the same salvors, where the two could be connected ; and so indirectly gave life salvage. And this is still the position in cases where the Merchant Shipping Act of 1894 does not apply. This act (s. 544) applies to all cases in which the "services are rendered wholly or in part within British waters in saving life from any British or foreign vessel, or else where in saving life from any British vessel." Also (s. 545) it

can be applied, by Order in Council, to life salvage from ships of any foreign country whose Government "is willing that salvage should be awarded by British courts for services rendered in saving life from ships belonging to that country where the ship is beyond the limits of British jurisdiction." By s. 544 life salvage is made payable "by the owner of the vessel, cargo or apparel saved"; and is to be paid in priority to all other claims for salvage. Where the value of the vessel, cargo and apparel saved is insufficient to pay the life salvage, the Board of Trade may in their discretion make up the deficiency, in whole or in part, out of the Mercantile Marine Fund. The effect of the act is to impose a common responsibility upon the owners of ship and cargo to the extent of their property saved. Whatever is saved becomes a fund out of which life salvors may be rewarded, and to which they are entitled in priority to other salvors. By the Maritime Convention Act 1911 a master who does not render assistance to any person in danger of being lost at sea is guilty of a mis demeanour.

This limitation of the reward to the amount of the property salved also applies in the case of salvage of property. The ordi nary remedy of the salvor is against the property itself by pro ceedings in rem, to enforce the maritime lien given him by the law upon that property. This enables him to arrest the property, if within the jurisdiction, into whose hands soever it may have come ; and, if necessary, the court will order a sale, and payment of his claim out of the proceeds. The salvor has also a remedy in personam against the owners or others interested in the prop erty saved ; but it seems that this right depends upon property having been saved, and having come to the owner's hands. The amount which can be awarded is limited by the value of that property.