C. C. 413. An ancient rule of the admi ralty allowed the salvors one-half of the pro perty saved, when it was absolutely dere lict or abandoned ; but that rule has been latterly distinctly repudiated by the high court of admiralty and our supreme court, and the reward in cases of derelict is now governed by the same principles as in other salvage cases. 20 Eng. L. & Eq. 607 ; 4 Notes of Cases, 144 ; 19 How. 161. Risking life to save the lives of others is an ingre dient in salvage service which will enhance the salvage upon the property saved. Dav. Dist. Ct. 61 ; 3 Hagg. Eccl. 84. But no salvage is due for saving life merery, unac companied by any saving of property, 1 W. Rob. Adm. 330, unless it be the life of a slave. Bee, Adm. 226, 260. If one person saves property and another life, the latter is entitled to share in the salvage on the pro perty saved. 6 N. Y. Leg. Obs.
6. The property saved. Salvage is properly a charge apportionable upon all the interests and property at risk in the voyage which derive any benefit from the salvage service. 1 Stor. C.C. 469. Qui sentit commodum sentzre debet et onus. It follows that salvage ex penses incurred in saving ship, cargo, and freight in one common and continuous ser vie.. are apportionable upon them all, ac cording to their respective values ; but ex penses incurred for any one interest sepa rately, or any two interests only, are charge able wholly to it or to them. 2 W. Rob. Adm. 315 ; 7 Ell. & B. 523 ; 2 Pick. Mass. 1; 11 id. 90 , 4 Whart. Penn. 301 ; 5 Du. N. Y. 310. Goods of the government pay the same rate as if owned by individuals, 3 Sumn. C. C. 308 ; 3 Hagg. Eccl. 246 ; Edw. Adm. 79 ; but not the mails, Marvin, Salvage, 132; nor can vessels of war belonging to a foreign neutral power be arrested in our ports for salvage. 7 Cranch, 116 ; 2 Dods. Adm. 451. Salvage is not allowed on the clothing left by the master and crew on board the vessel which they abandon, but this should be returned free of charge, Ware, Dist. Ct. 378, or for saving from a wreck bills of ex change or other evidences of debt, or docu ments of title. Dav. Dist. Ct. 20.
7. Bar to salvage claim. An express ex plicit agreement, in distinct terms, to pay at all events, whether the property shall be saved or not, a sum certain, or a reasonable sum, for work, labor, and the hire of a vessel in attempting to save the property, is incon sistent with a claim for salvage ; and when such agreement is pleaded in bar and proved, any claim for salvage will be disallowed. 2 Curt. C. C. 350 • 2 W. Rob. Adm. 177. An agreement, fairly made and fully understood ' by the salvors, to perform a salvage service for a stipulated sum or proportion, to be paid in the event of a successful saving, does not alter the nature of the service as a salvage service, but fixes the amount of compensation. But such an agreement will not be binding upon tbe master or owner of the property un less the court can clearly see that no advan tage has been taken of the party's situation, and that the rate of compensation agreed upon is just and reasonable. 1 Stor. C. C. 323 ; 1
Sumn. C. C. 207 ; 1 Blatchf. Adm. 414 ; 19 How. 160. A custom in any particular trade that vessels shall assist each other without claiming salvage is legal, and a bar to a de mand for salvage in all cases where it properly applies. 1 W. Rob. Adm. 440.
Ponfeihure or denial of salvage. Embezzle. ment of any of the goods saved works a for feiture of the salvage of the guilty party, Ware, Dist. Ct. 380; 1 Sumn. C. C. 328; and, in general, fraud, negligence, or carelessness in saving or preserving the property, or any gross misconduct on the eart of the salvors in connection with the property saved, will work a total forfeiture of the salvage or a diminution of the amount. 2 Cranch, 240 ; 1 W. Rob. Adm. 497 • 2 id. 470 ; 3 id. 122 ; 2 Eng. L. & Eq. 554; '6 Wheat. 152 ; 19 Bost. Law Rep. 490.
S. Distribution. The distribution of sal vage among the salvors, like the amount, rests in the sound discretion of the court. In general, all persons, not under a pre-exist ing obligation of duty to render assistance, who haye contributed by their exertions to save the property, and who have not forfeited their rights by their misconduct, are entitled to share in the salvage, as well those who remain on board the salvor vessel in the dis charge of their duty, but are ready and will ing 113 engage in the, salvage enterprise, as those who go on board and navigate the wreck. Ware, Dist. Ct. 483 ; 2 Dods., Adm. 132 ; 2 W. Rob. Adm. 115; 2 Craneh, 240. The appor'tionment between the owners and crew of the salvor ship depends upon the peculiar circumstances of each case: such as, the character, size, value, and detention of the vessel, its exposure to peril, and like considerations, and the number, labor, expo and hazard of the crew. In ordinary eases, the more usual proportion allowed the owners of a salvor sail-vessel is one-third.
2 Cra,nch, 240 ; 1 Sumn. C. C. 425 ; 3 id. 579. Tbe owner of a steam-vessel, if of consider able value, is often allowed a larger proportion. Marvin, Wreck & Salvage, 247, The mas, ter's share is usually double that of the mate, and the mate's double that of a seaman, and the share of those who navigate the de relict into port, or do the labor, double that of those who remain on board the salvor ves sel. But these proportions are often varied according to the circumstances, so as to re ward superior zeal and energy and discourage indifference and selfishness. 3 Hagg. Adm. 121.
9. In marine insurance, the salvage is to be accounted for by the assured to under writers in an adjustment of a total or sal vage loss, or assigned to the underwriters by abandonment or otherwise. 2 Phillips, Ins.
1726. And so, also, the remnant of the subject insured or of the subject pledged in bottomry, and (if there be such) in that of a fire insurance, and of the interest in the life of a debtor (if so stipulated in this case), is to be brought into the settlement for the loss in like manner. 2 Dutch. N. J. 541 ; 5 Du. N. Y. 1 ; 2 Phillips, Ins. ch. xvii. ; 15 Ohio, 81 • 2 N. Y. 285 ; 4 La. 289 ; 2 Sumn. O. C. 157'.