The first of these items is practically a constant quantity; as a salvor, if his service is important, is always entitled, at least, to be repaid his expenses and to be paid for his labor.

The second element of salvage, or the bounty element, is the variable quantity in salvage awards. Being given on motives of public policy, it is more or less according to the merits of the service and the ability of the owners to contribute out of the funds saved.42

The element of expense is always considered by the court, and usually allowed specifically, but not necessarily so. On this subject the House of Lords, in the DE BAY," says: "It was contended that some of these items ought not to be taken into consideration at all, as, for instance, the loss on charter; and it was further contended that in no case ought the items of loss or damage to the salving vessel be allowed as 'moneys numbered,' but that they should only be generally taken into account when estimating the amount to be awarded for salvage remuneration. Their lordships are of opinion that this objection is not well founded. It was argued that by allowing the several items of the account, and then a further sum for salvage, the salvors would receive payment for their losses twice over; but this is only on the supposition that the court below, after giving the amount of the alleged losses specifically, has considered them again generally in awarding £5,000 for simple salvage services. It is not to be presumed that the learned judge has fallen into such an error, and, indeed, it appears that he has not done so, but that he considered the £5,000 a reasonable amount for salvage reward, wholly irrespective of damage and expenses. Their lordships are of opinion that it is always justifiable, and sometimes important, when it can

§ 65. Fed. 55.

42 Egypt (D. C.) 17 Fed. 359; Pleasure Bay (D. C.) 226

43 8 A. C. 559. See, also, Fairport, [1912] P. 168; Angele, [1901] A. C. 549; Pelican (D. C.) 158 Fed. 183.

be done, to ascertain what damages and losses the salving vessel has sustained in rendering the salvage service. It is frequently difficult and expensive, and sometimes impossible, to ascertain with exactness the amount of such loss, and in such case the amount of salvage must be assessed in a general manner, upon so liberal a scale as to cover the losses, and to afford also an adequate reward for the services rendered. In the assessment of salvage regard must always be had to the question whether the property saved is of sufficient value to supply a fund for the due reward of the salvors, without depriving the owner of that benefit which it is the object of the salvage services to secure him. If, as in the present case, the fund is ample, it is but just that the losses voluntarily incurred by the salvor should be transferred to the owner of the property saved, for whose advantage the sacrifice has been made, and, in addition to this, the salvor should receive a compensation for this exertion and for the risk he runs of not receiving any compensation in the event of his services proving ineffectual; for, if no more than a restitutio in integrum were awarded, there would be no inducement to shipowners to allow their vessels to engage in salvage services. If there be a sufficient fund, and the losses sustained by the salvor are ascertained, it would be unreasonable to reject the assistance to be derived from that knowledge when fixing the amount of salvage reward, and their lordships are unable to appreciate the argument that that which is known may be taken into account generally, but not specifically."

Professional Salvors

It follows from these considerations that the greatest encouragement should be extended to those most competent to render the service. Hence the courts look with special favor on the efforts of steamers, and will not diminish their award on account of the rapidity of their service, but rather

incline to enhance it, as promptness is specially commendable.44

Special favor is shown to steamers equipped for salvage work and to professional salvors, in view of the large expense of being always ready, even when no wrecks are reported, the rapid deterioration of such property, the difficulty in protecting it by insurance, and the importance of having the business in the hands of reputable men.45 Locality as Affecting the Award

The awards may vary with the locality. The courts of the South Atlantic Coast have felt called upon to be liberal to salvors, on account of the special dangers of that coast, including Hatteras, the turning point of the winds, and a long and desolate seaboard devoid of harbors and populous cities. From these causes and the comparative fewness of craft, the dangers of distressed vessels are multiplied, and hence the same service is better paid than if rendered on the Northern Coast, where harbors are abundant and passers-by are frequent.**

Increase or Diminution of Previous Rate of Allowance

Salvage awards, being made on grounds of public policy, may vary at different times. If the courts find that the inducements held out are not sufficiently liberal to secure the service, if they find that distress signals are unheeded and valuable property abandoned, they will increase their awards, and, vice versa, if smaller awards will secure such efforts, they will diminish them.""

44 London Merchant, 3 Hagg. Ad. 394; Swiftsure (D. C.) 4 Fed. 463; Colon (C. C.) 4 Fed. 469.

45 GLENGYLE [1898] P. 97; Id., [1898] A. C. 519; Susan, 1 Spr. 499, Fed. Cas. No. 13,630; Camanche, 8 Wall. 448, 19 L. Ed. 397; St. Paul (D. C.) 82 Fed. 104; Id., 86 Fed. 340, 30 C. C. A. 70. 46 Mary E. Dama, 5 Hughes, 362, 17 Fed. 358; Fannie Brown (D. C.) 30 Fed. 222, 223; Cohen, Adm. 131.

47 Daniel Steinman (D. C.) 19 Fed. 921, 922; Edam (D. C.) 13 Fed. 140, 141.

HUGHES, ADM. (2D ED.)-10

SAME INCIDENTS OF THE SERVICE

66. In addition to the above general considerations, the following elements in each special case enhance or diminish the amount of the award, according to their relative degree.

(a) The degree of danger from which the lives or property are rescued.

(b) The value of the property saved.

(c) The value of the salvor's property employed and the danger to which it is exposed.

(d) The risk incurred by the salvors.

(e) The skill shown in the service. (f) The time and labor occupied.

(g) The degree of success achieved, and the proportions of value lost and saved.48

The Danger

The largest awards have usually been given where life was at stake. Courts have differed as to whether the risk which the salvor himself incurs, or that from which the others are delivered, ought first to be considered, but they do not differ as to the paramount merit of a service into which either of these ingredients enters.**

So, too, as to risk incurred by the property itself, primarily of the salved, secondarily of the salvor. The greater the risk, the greater the merit of the service and the greater the award.

Under this head, the awards in derelict cases may be considered. Derelicts are necessarily in greatest danger. They become derelicts because their crews abandon them as sink

§ 66.

48 Sandringham (D. C.) 5 Hughes, 316, 10 Fed. 556.

49 William Beckford, 3 C. Rob. 356; Traveller, 3 Hagg. 371; Cargo ex Sarpedon, 3 P. D. 28; Akaba, 54 Fed. 197, 4 C. C. A. 281; Edith L. Allen (D. C.) 139 Fed. 888.

ing vessels, and, even if they do not at once go down, the chance of finding them is small. Hence it was long the practice of the admiralty courts to award half in such cases. But the later decisions, looking at the reason rather than the rule, consider all the circumstances, and give less than half, if a lesser amount will handsomely reward the salvor.50

As expressed by Dr. Lushington in the TRUE BLUE": "The fact of derelict is, as it were, an ingredient in the degree of danger in which the property is."

The Values and Risk Incurred

The value of the property saved is an important element. For a long time the courts were in the habit of giving fixed proportions. In fact, originally the salvors were probably paid in kind. In modern times, the rule of proportion has been discarded.

On small values saved the proportion is necessarily greater than on large. Hence, when values are very great, the awards do not proportionately increase. The court will give a sufficient sum to compensate the salvors handsomely for their labor and risk, and encourage them to go and do likewise, but then its object is accomplished. In an ordinary case of towage salvage, for instance, its award for saving $500,000 would not be as great in proportion as its award for saving $300,000.52

In many cases there may be risk to the salvors and their property, where there is but little risk to the salved. If so, it is a material fact in fixing the award."

50 Sandringham (D. C.) 5 Hughes, 316, 10 Fed. 556; TRUE BLUE, L. R. 1 P. C. 250; Amerique, L. R. 6 P. C. 468; Janet Court, [1897] P. 59; Gardner v. Ninety-Nine Gold Coins (D. C.) 111 Fed. 552; Flora Rodgers (D. C.) 152 Fed. 286.

51 L. R. 1 P. C. 250.

52 CITY OF CHESTER, 9 P. D. 202-204.

53 Ereza (D. C.) 124 Fed. 659; Launch B. B., 15 Can. Ex. 389; 17 D. L. R. (Can.) 757.