SALVAGE. In Marithne Law. A compensation given by the maritime law for service rendered in saving property or res cuing it from impending peril on the sea or wrecked on the coast of the sea, or, in the United States, on a public navigable river or lake, where inter-state or foreign commerce is carried on. 1 Sumn. C. C. 210, 416; 12 How. 466 ; 1 Blatchf. C. C. 420 ; 5 McLean, C. C. 359.
The property saved. 2 Phillips, Ins. 1488; 2 Parsons, Marit. Law, 595.
2. The peril. In order to found a title to salvage, the peril from which the property was saved must be real, not speculative merely, 1 Cranch, 1 ; but it need not be such that escape from it by any other means than by the aid of 1 he salvors was impossible. It is sufficient that the peril was something ex traordinary, something differing in kind and degree from the ordinary perils of naviga tion. 1 Curt. C. C. 353 ; 2 id. 350. All ser vices rendered at sea to a vessel in distress are salvage services. 1 W. Rob. Adm. 174 ; 3 id. 71. But the peril must be present and pending, not future, contingent, and conjec tural. 1 Sumn. C. C. 216; 3 Hagg. Admd 344. It may arise from the sea, rocks, fire, pirates, or enemies, 1 Cranch, 1, or from the sickness or death of the crew or master. 1 Curt. C. C. 376 ; 2 Wall. Jr. C. C. 59; 1 Swab. Adm. 84.
3. The saving. In order to give a title to salvage, the property must be effectually saved ; it must be brought to some port of safety, and it must be there in a state caper ble of being restored to the owner, before the service can be deemed completed. 1 Sumn. C. C. 417 ; 1 W. Rob. Adm. 329, 406. It must be saved by the instrumentality of the asserted salvors, or their services must contribute in some certain degree to save it, 4 Wash. C. C. 651 ; Olc. Adm . 462; though, if the services were rendered on the request of the master or owner, the salvor is entitled to salvage though the services were blight and the pro perty was ed mainly by a providential act. 5 McLean, C. C. 359 ,• 1 Newb. Adm. 130 ; 2 W. Rob. Adm. 91; Bee, Adm. 90; 9
Lend. Jur. 112.
4. The place. In England, it has been held that the services must be rendered on the high seas, or, at least, extra corpus comi tabu, in order to give the admiralty court ju risdiction to decree salvage ; but in this coun try it is held that the district courts of the United States have jurisdiction to decree sal vage for services rendered on tide-waters and on the lakes or rivers where inter-state or foreign com merce is carried on, although infra corpus ecnailatets. 12 How. 466 ; 1 BIatehf.
C. C. 420 ; 5 McLean, C. C. 359.
5. Pie amount. Some foreign states have fixed by law the amount or proportion to be paid for salvage services • but in England and the United States no suc'h rule has been es tablished. In these countries the amount rests in the sound discretion of the court awarding the salvage, upon a full considera tion of all the facts of the case. It generally far exceeds a mere remuneration pro opere et labore, the excess being intended, upon prin ciples of sound policy, not only as a reward to the particular salvor, but also as an in ducement to others to render like services. 2 Cranch, 240; 1 C. Rob. Adm. 312, note ; 3 id. 355 ; 3 Hagg. Adtn. 95. But it is equally the policy of the law not to provoke the salvor's appetite of avarice, nor encourage his exorbitant demands, nor teach him to stand ready to devour what the ocean has spared. Gilp. Dist. Ct. 75. Adequate re wards encourage the tendering and aocept ance of salvage services ; exorbitant de mands discourage their acceptance and tend to augment the risk and loss of vessels in dis tress. 7 Notes of Cases. The amount is de termined by a consideration of the peril to which the property was exposed, the value saved, the risk to life or property incurred by the salvors, their skill, the extent of labor or time employed, and the extent of the necessity that may exist any particular locality to encourage salvTge services. 3 Hogg. Adm. 121 ; 1 Gall. C. C. 133 ; 1 Sumn.