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Salvage

fed, ed, services, property, rendered, cas, peril and sea

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SALVAGE. A compensation given by the maritime law for service rendered in saving property or rescuing it from impending peril on the sea or wrecked on the coast of the sea, or, in the United States, on a public nav igable river or lake, where interstate or for eign commerce is carried on ; Fretz v. Bull, 12 How. (U. S.) 466, 13 L. Ed. 1068.

A salvage service is a service which is vol untarily rendered to a vessel in need of as sistance and is designed to relieve her from some distress or danger either present or to be reasonably apprehended, while a towage service is one which is rendered for the mere purpose of expediting her voyage without reference to any circumstances of danger ; The Lowther Castle, 195 Fed. 604.

The property Saved. The only proper sub jects of salVage are vessels or ships used for the purpose of being navigated, and goods which at one time formed the cargoes of such Vessels, whether found on board, or drifting, or cast on shore ; [1897] A. C. 347. It has been held that there can be no salvage against a floating dry dock intended to be permanently moored to the shore ; Cope v. Vallette Dry Dock Co., 119 U. S. 625, 7 Sup. Ct. 336, 30 L. Ed. 501; nor against coal barg es on the Mississippi river, which were mere boxes without tackle, apparel, furniture, mas ter, or crew, and which were sold with the coal or broken up for old lumber; Wood v. Two Barges, 46 Fed. 204; nor a floating structure intended to be moored alongside a wharf for carts containing refuse to drive over it to a dumping boat; v. A Scow Platform, 38 Fed. 158; nor a pile-driv ing machine erected on a floating platform ; Pile Driver E. 0. A., 69 Fed. 1005; nor a gas-float fifty feet long by twenty wide moor ed in a river to give light to vessels (not be ing a ship) ; [1897] A. C. 337; as to rafts of timber, ottere; see id. Timber found drift ing in deep water and out of control of the owners is a subject of salvage ; Whitmire v. Cobb, 88 Fed. 91, 31 C. C. A. 395.

When a ship was almost becalmed on the high seas a floating chest was found and with ' but little trouble taken on board. It contain ed seventy doubloons. It was held that the finders were not entitled to the whole prop erty, though there were no marks of owner ship, but should be compensated by a moiety as for salvage services. The other moiety was directed to be paid into court ; Hollingsworth v. Seventy Doubloons & Three Small Pieces of Gold, 19 Niles, Reg. 104; Fed. Cas. No. 6,620. See F1NDER. Passengers' lives may be the subject of salvage services, by statute.

See 55 Alb. L. J. 404.

A person who offers useful services to a vessel in distress without any previous con tract, is a salvor ; The Nebraska, 75 Fed. 598, 21 C. C. A. 448, 24 U. S. App. 559.

Salvage, after actual compensation for the services rendered, is a gratuity for the ben etit of commerce, as an encouragement for like services and efforts; no amount of re ward to owners and machinery will so stim ulate efforts to save life and property as will moderate awards to master and crew who are the effective agents to set the machinery in motion ; Compagnie Comuierciale de Transport a Vapeur Francaise v. Charente S. S. Co., 60 Fed. 921, 9 C. C. A. 292, 13 U. S. App. .662.

"Salvage consists (1) of an adequate com pensation for the actual outlay of labor and expense made in the enterprise ; and (2) of the reward as bounty allowed from motives of public policy, as a means of encouraging such exertions. In determining the amount of an award the leading considerations are: the degree of danger from which the rescue is made; value of the property saved ; risk to the salvors ; the value of property risked by salvors and the dangers to which it was exposed; the skill shown and the time and labor spent." The Rita, 62 Fed. 761, 10 C. C. A. 629, 23 U. S. App. 435.

Moral considerations and questions of pol icy enter largely into salvage cases ; 2 Hagg. 3.

The peril. The peril from which property was saved must be real, not speculative mere ly ; Talbot v. Seeman, 1 Cra. (U. S.) 1, 2 L. Ed. 15 ; 1 Ben. Adm. 166; but it need not be such that escape from it by any other means than by the aid of the salvors was impossible. It is sufficient that the peril was something extraordinary, something differing in kind and degree from the ordinary perils of navi gation; Hennessey v. Versailles, 1 Curt. C. C. 353, Fed. Cas. No. 6365; The Independ ence, 2 Curt. C. C. 350, Fed. Cas. No. 7,014. See The Rumsey, 40 Fed. 909; Stone v. The Jewell, 41 Fed. 103. All services rendered at sea to a vessel in distress are salvage serv ices ; 1 W. Rob. 174 ; 3 id. 71. But the peril must be present and pending, not future, con tingent, and conjectural ; The Emulous, 1 Sumn. 216, Fed. Cas. No. 4,480; 3 Hagg. Adm. 344. It may arise from the sea, rocks, fire, pirates, or enemies ; Talbot v. Seeman, 1 Cra. (U. S.) 1, 2 L. Ed. 15; or from the sickness or death of the crew or master ; Robson v. Huntress, 2 Wall. Jr. 59, Fed. Cas. No. 11, 971 ; 1 Swab. 84.

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