be done without serious danger to the salving vessel, her crew or passengers.20 Hence the old expression in the books "by those under no legal obligation to render it," is to that extent modified. There are circumstances under which these different classes may claim salvage, but an examination will show that, so far from weakening the general rule above stated, these circumstances emphasize and confirm it. Same-The Crew The reason why they cannot ask salvage is that they are but fulfilling their contract of hiring when they work to save their ship. Hence, after the dissolution of such contract, they are free to claim it. Accordingly, in the Warrior," where a ship had gone aground and her master took his crew ashore and discharged them, some of the crew who came back subsequently, and saved much of her stores and cargo, were allowed to claim salvage. In the Florence,28 the master abandoned his vessel at sea and took the crew ashore. Some of them returned to the wreck in another vessel, and assisted in saving the Florence. They were held entitled to salvage. In the Le Jonet,29 all the crew but the mate left the vessel, which had been injured in collision. He remained aboard, hoisted signals of distress, and secured thereby the aid of a steamer, which took her into port. He was awarded salvage. 26 37 Stat. 242 (U. S. Comp. St. § 7991), Appx. 425. 27 Lush. 476. 28 16 Jur. 572. 29 L. R. 3 A. & E. 556. See, on the general subject, C. F. Bielman (D. C.) 108 Fed. 878; Gilbraith v. Stewart Transp. Co., 121 Fed. 540, 57 C. C. A. 602, 64 L. R. A. 193; Comet (D. C.) 205 Fed. 991; Zapora (D. C.) 205 Fed. 1004; Georgiana, 245 Fed. 321, 157 C. C. A. 513. Same-The Pilot A pilot cannot claim salvage for ordinary pilotage services, as they are covered by his pilot's fee. If, however, he does work outside the duties of a pilot, like working at the pumps or laying anchors and cables, he may claim as salvor. Perhaps the best expression of the principle is Dr. Lushington's remarks in the Saratoga:30 "In order to entitle a pilot to salvage reward, he must not only show that the ship is in some sense in distress, but that she was in such distress as to be in danger of being lost, and such as to call upon him to run such unusual danger, or incur such unusual responsibility, or, exercise such unusual skill, or perform such an unusual kind of service, as to make it unfair and unjust that he should be paid otherwise than upon the terms of salvage reward." An important case on the subject is Akerblom v. Price."1 The awards to state pilots, however, are moderate from motives of public policy, and the temptation which high awards might offer.32 Same-The Tug Under the head of towage, the circumstances under which a towage contract may be turned into a salvage service not contemplated by the original contract have already been discussed. Ante, p. 124, c. 5, § 57. Same-Passengers Services rendered by a passenger in common with others can give no claim to salvage, as he is working for that selfpreservation which is the first law of nature. But when he has an opportunity of saving himself, and stays by the ship instead of embracing such opportunity, his situation is an 80 Lush. 318. 317 Q. B. D. 129. See, also, Monarch, 12 P. D. 5; Bedeburn, [1914] P. 146, 30 T. L. R. 513. 32 Relief (D. C.) 51 Fed. 252. alogous to the crew after the dissolution of their relation to the ship, and he may earn salvage." So, too, a passenger who renders special services different from the rest of those aboard, as one who rigged up an ingenious steering apparatus for a disabled vessel, was awarded salvage in Towle v. Great Eastern,3 though this is nearer the border line, and is hard to reconcile with the decision of Lord Stowell in the leading case of the BRANSTON.85 Same-Government Employés These cannot claim salvage for acts done as part of their public duties, as when the life-savers remove a crew or their property from a wreck, or a vessel of the navy suppresses a mutiny on a merchant vessel. But the better opinion is that they may claim for services outside their regular duties. For instance, in the Cargo of the Ulysses, men from a vessel of the royal navy were refused salvage for protecting a wreck from plunderers, but allowed it for work in removing cargo. Parties Responsible for the Peril Those identified with a vessel which has caused the danger by a careless collision can not claim salvage.37 "Which Results in Benefit to the Property if Eventually Saved" It is usually said that success is essential to constitute a salvage service; for unless the property is saved it is not 83 Newman v. Walters, 3 Bos. & P. 612. 34 Fed. Cas. No. 14,110. In Connemara, 108 U. S. 352, 2 Sup. Ct. 754, 27 L. Ed. 751, a passenger was allowed salvage for first discovering a fire and then for extraordinary services in the handling of the steam pump and hose. 352 Hagg. Ad. 3, note; Candee v. 68 Bales of Cotton (D. (1) 48 Fed. 479. 36 13 P. D. 205. See, also, Cayo Bonito, [1904] P. 310; Sarpen, [1916] P. 306; Carrie, [1917] P. 224. 37 Clarita, 23 Wall. 1, 23 L. Ed. 146; Noreuga (D. C.) 211 Fed. 355; Duc d'Aumale, [1904] P. 60. a service, as a benefit actually conferred is the very foundation. A salvor may find a ship a thousand miles at sea, but if he loses her at the very harbor bar he forfeits his claim; for he has conferred no benefit upon her or her owners. 38 Hence salvage awards are made sufficiently liberal to pay not only for the special service, but to encourage salvors to undertake other enterprises not so promising. And therefore salvors who do not complete their job can claim nothing if the vessel is subsequently rescued by other salvors, unless their efforts result in placing the vessel in a better position, and thereby facilitating the work of subsequent salvors. 39 For instance, in the KILLEENA, a vessel put five of her crew aboard the Killeena, which was a derelict, to bring her into port. After a few days, they had enough of it, and were taken aboard another vessel at their own request. The second vessel then put some of her crew aboard, and took her in tow until the rope broke. The second crew secured the assistance of a steamer, stuck by the derelict, and brought her in. The first set were refused salvage, but the others were allowed it. In the Camellia, 40 a steamer towed the Camellia for half a day, and then had to leave her. But she had towed her 85 miles nearer to port, and about 12 miles nearer her course, thus giving her a better position. The Camellia reached port, and the Victoria was allowed a small sum as salvage. An indirect service to a second vessel by towing away from her vicinity a vessel in peril and to which the direct service is being rendered does not give any claim against the second vessel.11 38 Sabine, 101 U. S. 384, 25 L. Ed. 982; Connemara, 108 U. S. 352, 2 Sup. Ct. 754, 27 L. Ed. 751. 89 6 P. D. 193. 409 P. D. 27. See, also, August Korff, [1903] P. 166; I. W. Nicholas (D. C.) 147 Fed. 793; City of Puebla (D. C.) 153 Fed. 925. 41 Thomas Hilyard (D. C.) 55 Fed. 1015; City of Columbia (D. C.) 56 Fed. 252; San Cristobal, 230 Fed. 599, 144 C. C. A. 653. THE AWARD-AMOUNT IN GENERAL 64. The amount of a salvage award varies according to the character and skill of the salvors, the locality, the inducements necessary to encourage the service, the value of the property saved or of the salvor's property at risk, the danger to salvors and saved, the skill and labor involved, and the degree of success achieved. Having discussed the general nature of salvage, the question of degree must now be considered, and the circumstances which swell or reduce the award. From a simple service that is salvage only in name, to those acts of heroism whose bare recital quickens the pulse, the range is immense. Hence no rule can be laid down by which a salvage service can be measured accurately. Each case has its peculiar circumstances, and the amount of a salvage award is largely a matter of judicial discretion, varying with the idiosyncrasies of the judge, and regulated only by certain general rules. These are largely corollaries from the fundamental doctrine that salvage is the outgrowth of an enlightened public policy, and is awarded, not merely on a niggardly calculation pro opere et labore in the special case, but as an encouragement to induce the salvor and future salvors to incur risk in saving life and property. SAME-ELEMENTS OF COMPENSATION AND 65. A salvage award consists of two elements: (b) The reward as bounty, allowed from motives of pub- |