(Salvage.)

and the balance among the crew, according to their ratings. The modern decisions cited and reviewed.

The Auguste Andre, Young, 201.

42. The Herman Ludwig, on a voyage from New York to Antwerp, broke her shaft when two days out, and the California, another steamer, coming up, an agreement was entered into by the master of the disabled steamer to be towed into Halifax, and to pay for the service such amount as should be settled upon by the Admiralty Court at that port. This was accomplished within twenty-four hours without any mishap except the breaking of two hawsers. Held, That the service rendered was not a mere towage, but a salvage service, and $10,000 was awarded therefor, of which $7,000 went to the owners, and $750 to the master, the balance to the crew, according to their ratings. The law as to deviation for the saving of property reviewed.

The Herman Ludwig, Young, 211.

43. The barque Martha, having run ashore near the mouth of Halifax harbor, was assisted by three neighboring fishermen in getting off again. Substantial service, extending over three days, was rendered. The salvors being, as they considered, inadequately remunerated, applied to the Court, and it was Held, That the amount was not sufficient, and that the sum of $35, $30 and $25 should be added to the respective amounts paid into Court for the three salvors, with costs. The Martha, Young, 247.

44. The Rowena, a brigantine, owned in Prince Edward Island, after passing through the Strait of Canso, went aground on the east point of the Island at low tide. After remaining in that position all night, and having pounded somewhat when the tide rose, but not so as to cause any serious danger, the captain and crew in the morning went ashore to procure assistance. A part of the crew returned to her during the day, but did not remain on board. During the night the vessel floated off, and the following morning was fallen in with by the Reform, who sent a crew on board, and brought her to Halifax as a derelict. The captain of the Rowena having procured the assistance he sought, returned to where he had left her, after both vessels had gone out of sight. It was contended on the part of the respondents that the Rowena was not a derelict; that the salvors had acted improperly in taking the vessel off to Halifax when they knew she belonged to the Island; and that they had forfeited all claim to salvage by embezzling some of the vessel's

(Salvage.)

property. Held, That the Rowena was not a derelict, but only a case of ordinary salvage; that there was not sufficient proof of the alleged embezzlement, but that the salvors had not acted rightly in taking the vessel so far from her home; and therefore only 8500 was awarded on an appraised value of $5,000.

The Rowena, Young, 255.

45. Principles and examples in English Courts.

The Stella Marie, Young, 23.

46. The schooner Thistle found the ship Flora waterlogged and abandoned in the Gulf of St. Lawrence, and after much meritorious exertion brought her into a port in Newfoundland, where she was sold, and realized the sum of $850. A portion of her materials was brought to Halifax, and was there proceeded against by two of the salvors. Held, That the Court had jurisdiction on the ground that salvage constitutes a lien on the goods saved, and the portions coming to the salvors were therefore set off to them and directed to be paid out of the proceeds of the goods brought to Halifax. The Flora, Young, 48.

See Jurisdiction, 36.

47. One of Her Majesty's troop-ships, having picked up a derelict barque with a valuable cargo, and brought her into port, was not allowed by the Admiralty authorities to receive any allowance by way of salvage. The John, Young, 129.

48. One of Her Majesty's men-of-war rendered salvage services to a derelict ship, but was not allowed by the government authorities to make any claim therefor. The Herman, Young, 111.

49. This vessel, while on a voyage from St. Pierre to Halifax, stranded on Sable Island. Only a fresh breeze was blowing at the time, and she received no serious iujury, but her situation was one of considerable danger if not speedily rescued. Under the master's direction the crew and passengers landed with all their clothes, provisions, etc., but the vessel was not stripped, and the master denied any intention of abandoning her. They all left her for the night, and the following morning the six passengers, taking a boat from the island, boarded the vessel, and without much difficulty, and at no personal risk, succeeded in floating her off, when the master and crew, joining her in their own boat, they completed the voyage in safety. The passengers having taken proceedings to recover salvage, as in case of derelict, the owner of the vessel paid the sum of

(Salvage.)

£40 into Court, which they refused. There was much conflicting testimony upon the points: first, whether the master really intended to abandon or not; and, second, the merit of the salvage services rendered. Held, That the tender of £40 was sufficient, but that in view of the conflict of evidence, the parties should pay their own costs. The Stella Marie, Young, 16.

50. A foreign ship becoming disabled in the Gulf of St. Lawrence, her crew were taken off by one set of salvors and safely landed at a port in the island of Cape Breton. Subsequently another set of salvors fell in with the ship and brought her into an adjoining port. The services in both cases were highly meritorious and rendered while the disabled vessel was about sixty miles from the nearest land. Held, That both sets of salvors were entitled to salvage, and a sale of the ship having been effected for $2,560, the Court awarded the sum of $660 to be divided among the salvors of the crew, and $900 among the salvors of the ship. The Heindall, Young, 132.

51. Awards made in the nature of life-salvage to fishermen who had been instrumental in saving many lives from a passenger steamer wrecked upon the coast. The Atlantic, Young, 170.

52. A ship was stranded on a rocky shore with a point of rock protruding through her hull. H. was employed to blast it away and so free the ship. Held, That this was not a salvage service. (2) That the Vice-Admiralty Court had jurisdiction to award reasonable remuneration in respect to the same. The Watt (2 W. Rob. 70) referred to. The Costa Rica, 3 E. C. R. 23.

53. A stranded vessel abandoned by the owners to the underwriters, and sold by them, was saved, and was brought by the purchasers to a shipwright for repairs. Held, That the towage of vessel from the place where stranded to dry dock was salvage service. (2) Claim for use of anchor, chains, etc., used in saving ship. Held, a salvage service. (3) Claim for personal services not performed on vessel. Held, not a salvage service. (4) Claim for services of tug in unsuccessful attempt to remove vessel. Held. not a salvage service. Salvage is a reward for benefits actually conferred. (5) Held, maritime liens take priority of possessory liens to the extent of the value of the res at the time of delivery to the shipwright. (6) Held, following the usual rule, that not more than a moiety of the value of the res at the time when saved should be awarded to salvors, there being no exceptional feature except

(Salvage.)

the small value of the res. Costs of salvors awarded out of other moiety. Costs of arrest and sale and of bringing fund into Court paid in priority to claims out of fund, in proportion to the value of the res at the time of delivery to the Dry Dock Company, and balance of the proceeds of sale which was not sufficient to pay claim of possessory lien holder. The Gleniffer, 3 E. C. R. 57.

54. In a collision between a steamer and a sailing vessel in a fog, the steamer was going half speed. Had she been going dead slow she might have been stopped in time to prevent the collision. Held, That the steamer was partly in fault, although the collision was no doubt due to the want of a fog-horn on the sailing vessel. (2) The sailing vessel immediately becoming waterlogged and helpless, and in a position where, though safe for the moment, she might very shortly have been in great danger, it was a salvage service, and not towage merely, to rescue her. (3) Where two vessels in collision are both in fault, salvage services performed by one towards the other are to be divided.

The Zambesi; The Fanny Dutard, 3 E. C. R. 67.

55. A steamship belonging to the Dominion government went ashore on the island of Anticosti, and suppliants rendered assistance with their wrecking steamer in getting her afloat. The service rendered consisted in carrying out one of the stranded steamship's anchors, and in taking a hawser and pulling on it until she came off. For carrying out the anchor it was admitted that the suppliants had bargained for compensation at the rate of $50 an hour, but whether the bargain included the other part of the service rendered or not was in dispute. The service was continuous, no circumstances of sudden risk or danger having arisen to render one part of the work more difficult or dangerous than the other. Held, That the rate of compensation admittedly agreed upon in respect of carrying out the anchor must, under the circumstances, be taken as affording a fair measure of compensation for the entire service. (2) A petition of right will not lie for salvage services rendered to a steamship belonging to the Dominion government. Couette et al. v. The Queen, 3 E. C. R. 82.

56. A crew of a fishing schooner had performed certain salvage services in respect of a derelict ship, and gave the following power of attorney respecting the claim for such services to the agent of the owner of the schooner: "We, the undersigned, being all the

(Salvage.)

crew of the schooner Iolanthe at the time said schooner rendered salvage services to the barque Quebec, do hereby irrevocably constitute and appoint Joseph O. Proctor our true and lawful attorney, with power of substitution for us, and in our name and behalf, as crew of the said schooner, to bring suit or otherwise settle and adjust any claim which we may have for salvage services rendered to the barque Quebec, recently towed into the port of Halifax, Nova Scotia, by said schooner Iolanthe, hereby granting unto our said attorney full power and authority to act in and concerning the premises as fully and effectually as we might do if personally present, and also power at his discretion to constitute and appoint, from time to time, as occasion may require, one or more agents under him, or to substitute an attorney for us in his place, and the authority of all such agents or attorneys at pleasure to revoke." Held, That this instrument did not authorize the agent to receive the salvage payable to the crew, or to release their lien upon the ship in respect of which the salvage services were performed. (2) That payment of a sum agreed upon between the owners of such ship and the agent, and the latter's receipt therefor, did not bar salvors from maintaining an action for their services. The Quebec, 3 E. C. R. 33.

57. The lien of salvors upon property saved by their exertions is personal and inalienable. The City of Manitowoc, Cook, 178. See Maritime Lien, 7.

58. An assignment by salvors, for a valid consideration, of a sum due them for salvage, does not so vest in their assignees as to enable the latter to proceed in rem in their own names. ibid.

59. A steam vessel, while on fire in the lower St. Lawrence, derelict, was partially saved by a steam tug, which towed her to the shore, where she was beached, and afterwards sold by decree. The salvors declared entitled to one-third of the proceeds of sale and their costs, and the award distributed among them. The Progress, Cook, 308.

60. A steam-tug engaged to tow a ship can claim for services to such ship if she incurs a risk or performs a duty outside the scope of her original engagement, and when she has been freed from the obligations under which she is placed by her original contract, as by a vis major, or by accidents not contemplated when the contract was entered into. The Victory, Cook, 335.