The things upon which average is payable are, the ship, beats, furni ture, &c., but not provisions or ammunition ; the all merchandise to whomsoever belonging, which is on board for the purposes of traffic, but not the covering, apparel, jewels, &o., of potties on board for their own private use. The freight due at the Mid of the voyage Is also subject to average. The goods are to be valued at the price for which they would have sold at the place of destination. If the ship, by reason of what happened when the average was incurred, return to her port of lading; and the average is there settled, the goods are to be valued at the invoice prig* The Imes incurred by the ship and furniture, &o., are calculated at two-thirds of the price of the new articles rendered necessary to be purchased. The usages of other countries as to all matters connected with average differ in wine respects both from those of each other and those of this country. Where the average has been adjusted according to the established law and usage of the country in which the fuljustment was made, it is binding upon all the parties to it, unless there be some special contract between them which provide.a otherwise.
Saleage.—Salvage is that reasonable 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 loan by peril of the sea, which may be called civil salvage, or recover them after capture, which may be called hostile salvage. the law of England, no fixed amount of salvage is laid down as applicable to all cases. What is reasonable can only be determined by a reference to the cir cumstance,. Sir J. Nichol (3 Ilag., 'Ad. 117) defines the ingre dients in estimating a civil salvage service to be, "let, enterprise in the salvors iu going out in tempestuous weather to assist a vessel in distress, risking their own lives to save their fellow.creatures, and to rescue the property of their fellow-subjects ; 2nd, the degree of danger and distress from which the property is rescued, whether it was in imminent peril, and almost certainly lost if not at the time rescued and preserved; 3rd, the degree of labour and skill which the salvors incur and display, and the time occupied ; lastly, the value."' Unless in cases where the services have been trifling, the salvage is generally not less than a third and not more than one-half of the pro perty saved; at the same time there is no rule now of specific proportions. If the parties cannot agree as to the amount, the salvors may retain the property until compensation is made; or they may bring an action, or commence a suit in the Admiralty Court, against the proprietors for the amount. In case the property Is retained, the proprietors may, upon tender of what they think sufficieut, demand it, and, If it is refused, bring an action to recover it, in which action the jury will determine as to the amount due. The posts of the action will be paid by the salvor or the proprietors, according oa the amount teudored is or is not determined to be sufficient. The Court of Admiralty has jurisdiction origlually in those cases where the salvage has been effected at sea, or within high and low water mark. A passenger is not entitled to salvage for his assistance during the time he is unable to quit the ship. But, if he remain voluntarily on board, ho may recover salvage for the assistance which he has given. On one occasion,
where a passenger under such circumstances, after the desertion of the master and part of the seamen, assumed the command with the consent of the mato and the remainder, and brought the ship safe into port, he obtained a large sum as salvage. A distinct contract for assistance will do away with any claims for salvage on behalf of the parties who render it. Though a king's ship Is bound to assist a merchaut ship in distress, it still has a claim for recompense, but cannot prosecute it without the leave of the Board of Admiralty. In awarding salvage, no claims are allowed which are founded on merely prerogative rights, as those of the lord-high-admiral, flag-officers, magistrates, &c. : those claims only are allowed which are made in respect of assistance rendered. The saving of human life cannot of itself bo the subject of a claim for salvage, except upon the shore of any Bea or tidal water of the United Kingdom (17 & 18 Vict. e. 104); but if it is conuected with the preservation of property, that is a circumstance which may affect the amount of salvage. If freight is in progress of being earned, and afterwards does become duo, salvage is payable iu respect of freight also. When proceedings for salvage have been commenced in the Admiralty Court, the defendants may tender by act of the court any sum which they consider sufficient, and the court will then enter upon an inquiry, and determine what is right between the parties. If the sum tendered has becu sufficient, the court may hold the salvors liable to the expenses of the proceeding. With regard to wreck, ships in distress, and for salvage purposes, the Merchant Shipping Act creates receivers of wreck to be appointed at different places on the shores of the United Kingdom for the express purpose of doing all things possible towards the saving of ships in distress, for tho recovery and preservation of wreck, and for facilitating the agreement of salvage disputes when the amount is under 200/. The receiver may distribute the amount and take receipts if the parties agree ; but if not, they may carry their differences before the nearest two justices of the peace, whose decision is final ou all sums not exceeding 601, Above that amount, there is an appeal to the Court of Admiralty. If the sum exceed 200/., they may institute the suit in that court in the first Instance. Great powers are reposed in the receiver of wreck for collecting assistance, and impressing horses and carts Into the service for rendering aid to vessels in distress, for repelling all attempts at violently boarding the ship with felonious purposes, and for the recovery of concealed wreck. Provision is made for cases where no owner of the property appears. Perishable goods maybe sold. No lord of a manor clamming a title to wreck can appropriate it until an account in writing of the property, and of the place where It was found and it has been eineo deposited, has been sent to the nearest custom. house, or If it exceed in value 201. to the secretary at Lloyd's, and a year has elapsed after the delivery of the account. A variety of analogous provisions aro enacted relative to goods, parts of ship's fur. uiture, &c., which are found or recovered, whether they may have belonged to ships In distress or not. The statute which relates to the Cinque-Porta is 1 & 2 Geo. IV. o. 76.