Home >> Institutes Of American Law >> Sale to The Choctaw Nation >> Salvor

Salvor

adm, ship, salvors, possession, hagg and salvage

SALVOR. In Maritime Law. A per son who saves property or rescues it from im pending peril on the sea or when wrecked on the coast of the sea, or, in the United States, on a public navigable river or lake where inter-state commerce is carried on, and who is under no pre-existing contract or oblige; tion of duty by his relation to the property to render such services. 1 Hagg. Adm. 236; 1 Curt. C. C. 378.

2. In general, the crew cannot claim as salvors of their own ship or cargo; they being under a pre-existing obligation of duty to be vigilant to avoid the danger, and when in it to exert themselves to rescue or save the pro perty, in consideration of their wages merely. 14 Bost. Law Rep. 487 ; 21 id. 99 ; 1 Hagg. Adm. 236 ; 2 Mas. C. C. 319. But if their connection with the ship be dissolved, aS try a capture, or the ship or cargo be voluntarily abandoned by order of the master, sine ape revertendi aut recuperandi, such abandonment taking place bond fide and without coercion on their part, and for the purpose of saving life, their contract is put an end to, and they may subsequently become salvors. 20 Eng. L. & Eq. 607 ; 16 Jur. 572; 3 Sumn. O. C. 270 ; 2 Cranch, 240 ; Day. Dist. Ct. 121. A passenger, 2 Hagg, Ad11:1. 3, note ; 3 Bos. & P. 612, a pilot, 10 Pet, ; Gilp. Dist. Ct. 65, Lloyd's agent, 3 W. Rob. Adm. 181, official persons, 3 Wash. C. C. 567 ; 1 C. Rob. Adm. 46, officers and crews of naval vessels, 2 Wall. Jr. C. C. 67; 1 Hagg. Adm. 158 ; 15 Pet. 518, may 111 become salvors, and, as such, be entitle, to salvage for performing services in saving property, when such ser vices are not within or exceed the line of their proper official duties.

3, The finders of a derelict (that is, a ship or goods at sea abandoned by the master and crew without the hope or intention of returning and resuming the possession) who take actual possession with an intention and with the means of saving it acquire a right of possession which they can maintain against all the world, even the true owner, and become bound to preserve the property with good faith and bring it to a place of safety for the owner's use. They are not bound to part

with the possession until their salvage is paid, or'the property is taken into the custeiy of the law preparatory to the amount of salvage being legally ascertained. Dav. Dist. Ct. 20; Olc. Adm. 462 ; Ware, Dist. Ot. 339. If they cannot vvith their own force convey the pro perty to a place of safety without imminent nsk of a total or material loss, they cannot, consistently with their obligations to the owner, refuse the assistance of other persons proffering their aid, nor exclude them from rendering it under the pretext that they are the finders and have thus gained the right to the exclusive possession. But if third persons unjustifiably intrude themselves, their services will enure to the benefit of the original salvors. 1 Dods. Adm. 414 ; 3 IIagg. Adm. 156 ; Ole. Adm. 77.

4. If a first set of salvors fall into dis-1 tress, and are assisted by a second or third I set, the first or second do not lose their claim to salvage, unless they voluntarily and without fraud or coercion abandon the enterprise, but they all share together ac cording to their respective merits. 1 Sumn. C. C. 400; 1 W. Rob. Adm. 406; 2 id. 70. In cases of ships stranded or in distress, not derelicts, saIvors do not acquire an ex clusive possession as against the owner, the master, or his agent. While the master con tinues on board, he is entitled to retain the command and control of the ship and cargo and to direct the labor. The salvors are as sistants and laborers under him; and they have no right to prevent other persons from rendering assistance if the master wishes such aid. 3 Hagg. 'Adm. 383 • 2 W. Rob. Adm. 307; 2 Eng. L. & Eq. 551'. When, the ship has been relieved from its peril, salvors forfeit no right and impair no remedy by leaving the ship. 1 Hogg. Adm. 156 ; 1 Newb. Adm. 275. Their remedy to recover salvage is by libel or suit in the district court of the United States, sitting as a court of ad miralty.