A rescuing vessel which saves an aban doned ship, which is found in a sinking con dition surrounded by a sea of Ice, may use a part of her cargo and supplies to put her In a seaworthy condition in order to tow her to port ; The Catherine Sudden, 1 Alas ka, 607.
Distribution. The distribution of salvage among the salvors, like the amount, rests in the sound discretion of the court. In gen eral, all persons, not under a pre-existing obligation of duty to render assistance, who have 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 re main on board the salvor vessel in the dis charge of their duty, but are ready and willing to engage in the salvage enterprise, as those who go on board and navigate the wreck ; The Centurion, 1 Ware (477) 483, Fed. Cas. No. 2,554; 2 Dods. 132; 2 W. Rob. 115; Mason v. The Blaireau, 2 Cra. (U. S.) 240, 2 L. Ed. 266. The apportionment be tween 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 num ber, labor exposure, and hazard of the crew. In ordinary cases, the more usual propor tion allowed the owners of a salvor sail: vessel is one-third; Mason v. The Blaireau, 2 Cra. (U. S.) 240, 2 L. Ed. 266; The Nathaniel Hooper, 3 Sumn. 579, Fed. Cas. No. 10,032. The owner of a steam-vessel, if of consid erable value, is often allowed a larger propor tion; Marv. Wreck & Salv. 247. The mas ter's share is usually double that of• the mate, and the mate's double that of a sea man, and the share of those who navigate the derelict into port, or do the labor, double that of those who remain on board the sal vor vessel. But these proportions are often
varied according to the circumstances, so as to reward superior zeal and energy and dis courage indifference and selfishness; 3 Hagg. Adm. See Abb. Shipp., 13th Ed. 1021.
While the owner of a vessel which has per formed salvage service may settle for the vessel's share in the compensation, he can not exclude the crew from obtaining theirs; The Lowther Castle, 195 Fed. 604.
In marine insurance, the salvage is to be accounted for by the assured to underwriters in an adjustment of a total or salvage loss; or assigned to the underwriters by abandon ment or otherwise; 2 Pbill. 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 man ner ; Sussex County Mut. Ins. Co. v. Wood ruff, 26 N. J. L. 541; The Draco, 2 Sumn. 157, Fed. Cas. No. 4,057.
The liability to pay salvage is not con fined to the actual legal owners of the prop erty saved, but it extends to all those who have an interest in the property and whose interests have been saved; 15 Prob. Div. 142.
Provision is made in R. S. § 4652 for sal vage for the recapture of vessels or other property captured by any force hostile to the United States, before the capture. See the next titles; WRECK ; RECAPTURE ; FINDER.