SALVAGE (ante), in maritime law, the compensation which persons are entitled to receive, who in the absence of any obligation making it their legal duty, voluntarily save a ship or her cargo from loss by peril of the sea, which may be called civil salvage; or recover them after capture, which is termed military salvage. The whole subject lies under admiralty jurisdiction, and the method of procedure is by libel. The -interest of the salvors is not joint, but several, and all may be joined in a libel. The salvage is to be rewarded as a reward and encouragement for courage rather than as allayment quantum meruit. When the salvors are in possession they have a certain qualified property right iu the ship, which does not, however, extinguish that of the owners. Except under very unusual circumstances the crew, pilot, officers, and passengers, are not entitled to sal vage; as by duty and interest they are bound to do what lies within their power. But where the seaman's term of service has expired or the services necessary are entirely outside his ordinary duty, an exception is made, and similar exceptions are made in the other cases. Vessels belonging to the naval force of a country are pound to protect from mutineers ships sailing under the same flag, and are not entitled /to salvage for such ser vices. Where the first set of salvors are themselves assisted by a set the salvage is divided according to the respective merits of the parties; but only gr,Itt peril of the first set can justify interference on the part of the second. The rule is that only those who actually participate in the service can share in the reward, but the owners of the saving ship are allowed to obtain pay both for stores or provisions furnished and as salvage. The amount of the salvage to be paid is not fixed either by common law or by United States statutes, and the proportion will vary with the degree of danger incurred and the value of the services rendered. That maritime property is derelict which has
been abandoned by the owners with no intention of return to it. Some attempt was made to establish the rule that the salvage on derelict property should be one-half; but all that can now be claimed is that higher salvage will be usually decreed in derelict cases titan where an intention of returning is clear. Where no owner appears the Eng lish rule was that the property should be turned over to the crown by the lord high admiral. In the United States the property is held for a year and a day and then given up to the finder. Another distinction was formerly made between articles easily saved, such as coin or jewelry, and bulky things, but this no longer exists. While there is no absolute law regarding the distribution of salvage, the owners usually have one-third, the master twice as much as the mate, the mate double a seaman's share, and those who navigate the saved ship into port, or otherwise take the greater risk, double the share of those who remain on the salvor vessel. A claim to salvage may be barred by a contract, not extorted or unconscionable, to pay a fixed sum for the aid to be given. In such case the remedy for non-payment is at common-law and not at admiralty. Another bar is the existence of a custom of rendering assistance among vessels of the same class, as in the steam-boat navigation of the Mississippi. Theft of any of the saved property, fraud, negligence, or gross misconduct of any kind in the care of the property also acts as a bar. Salvage is on ship, cargo, or freight, but perhaps not on mails. Military salvage is given where a vessel is recaptured or saved from pirates or a public enemy, and in the war of the rebellion an award was decreed as of salvage, to parties who, after the cap ture of a harbor which had been under blockade, enticed blockade runners in by exhibit ing the usual signals.