Money found on an unknown dead body at sea, where the salvage involved no danger to vessels or crew, may be awarded one-half to the master and crew and the rest to pub lic administrator ; Gardner v. Ninety-Nine Gold Coins, 111 Fed. 552.
Risking life to save the lives of others is an ingredient in salvage service which will enhance the salvage upon the property saved ; The Emblem, Daveis 61, Fed. Cas. No. 4,434 ; 3 Hagg. Eecl. 84. No salvage was formerly due for saving life merely, unaccompanied by any saving of property; 1 W. Rob. 330; un less it was the life of a slave ; Flinn v. The Leander, Bee 260, Fed. Cas. No. 4,870. But the saving of life in addition to property was held to increase the award of salvage on the property : Br. & L. 344. By statute 17 & 18 Viet. salvage was extended to the saving of life and the award therefor was given pri ority over other salvage. If the vessel is not of large enough value to pay the award, it is payable out of the Mercantile Marine Fund.
"It is the value of the property which is restored to the owner that is to be consid ered, and of which a proportion is to be awarded as salvage in salvage eases, and not the original value imperilled. The exact val ue of the property saved, when large, is but a minor element in computing salvage, and as it increases, the rate per cent. given is rapid ly reduced." Compagnie Commerciale de Transport a Vapeur Francaise v. Charente S. S. Co., 60 Fed. 921, 9 C. C. A. 292, 13 U. S. App. 662.
Where part of a cargo saved consists of specie, it must bear its share of the common burden ; The St. Paul, 86 Fed. 340, 30 C. C. A. 70 ; up to the time when it was removed, but not of the expense of getting the ship afloat after the specie was removed ; The St. Paul, 82 id. 104. There is no distinction in the proportion of salvage charges against dif ferent parts of a cargo ; 4 Asp. 385.
The fact that a vessel receives injuries in the course of salvage operations will tend to reduce the amount of compensation ; The Haxby, 83 Fed. 715, 28 C. C. A. 33.
A salvage award will not be set aside as too large, unless so grossly excessive as to shock the conscience of the appellate court ; The R. R. Rhodes, 82 Fed. 751, 27 C. C. 4. 258.
The value of the service performed is not to be estimated in the light of subsequent events, but of the facts which seemed to sur round it at the time ; The Lowther Castle, 195 Fed. 604.
The property saved. Salvage is properly a charge apportionable upon all the interests and property at risk in the voyage which de rive any benefit from the salvage service; Peters v. Warren Ins. Co., 1 Stor. 469, Fed. Cas. No. 11,034. Qui sentit commodum sen tire debet et onus. It follows that salvage expenses incurred in saving ship, cargo, and freight in one common and continuous service are apportionable upon them all, according to their respective values ; but expenses incur red for ahy one interest separately, or any two interests only, are chargeable wholly to it or to them ; 2 W. Rob. 315 ; 7 E. & B. 523 ; Bedford Commercial Ins. Co. v. Parker, 2 Pick. (Mass.) 1, 13 Am. Dee. 388 ; Bevan v. Bank, 4 Whart. (Pa.) 301, 33 Am. Dec. 64; Nelson v. Belmont, 5 Duer (N. Y.) 310. No distinction can be made in the proportion of salvage charged against different portions of the cargo ; The St. Paul, 82 Ned. 104; The St. Paul, 86 Fed. 340, 30 C. C. A. 70.
Goods of the government pay the same rate as if owned by individuals; U. S. v. Wilder, 3 Sumn. 308, Fed. Cas. No. 16,694 ; but not the mails ; 'Marv. Salv. 132. Salvage may be recovered from the United States government where imported goods upon which duties •have been paid are saved from total loss, and where the government would have been ob liged to return the duties, had the merchan dise been wholly lost ; U. S. v. Steamboat Co., 202 U. S. 184, 26 Sup. et 648, 50 L. Ed. 987.
But, It is said, no proceedings in rem can be Instituted against public ships or stores on them, or against property of the state on a private ship ; though the question is not al ways raised, and the British Admiralty usu ally appeals and submits to the judgment of the court in the case of claims for saving public stores, and foreign governments have sometimes requested the British Admiralty to award as an arbitrator in respect of their property when salved ; Kennedy, Civil Salv. 61. See 5 P. D. 197, where the subject is re viewed. Vessels of war belonging to a for eign neutral power cannot be arrested in our ports for salvage; The Exchange v. M'Fad don, 7 era. (U. S.) 116, 3 L. Ed. 287.