The Skill

The skill shown by the salvors is an important element, to which the court pays great attention. It is on this account that professional salvors are especially encouraged and most liberally rewarded, for they usually possess special skill and experience. Volunteer salvors are only expected to show the skill incident to their calling, and are only paid for such. Unskillfulness causing damage will diminish a salvage award, though the court makes all allowances for salvors.54

A salvor may be legally chargeable with negligence as to third parties, and yet not be negligent as to the property saved. For instance, where two tugs in New York Harbor were towing a vessel away from a burning dock, and owing to their insufficient power brought her into collision with other vessels, they were held liable to these vessels, but entitled to have the damages for which they are liable considered in fixing the salvage award."

Misconduct or bad faith will cause a diminution or even an entire forfeiture of salvage; for, as public policy is the foundation of the doctrine, good faith and fair dealing are essential,

The Time and Labor

As to the time and labor occupied, if the service involves a long time and great labor, it will, be taken into account. In the case of steamers, however, the shortness of time does

64 Magdalen, 31 L. J. Ad. 22; Cheerful, 11 P. D. 3; Baker Standard, [1901] A. C. 549; U. S. v. Taylor, 188 U. S. 283, 23 Sup. Ct. 412, 47 L. Ed. 477; Dorrington v. Detroit, 223 Fed. 232, 138 C. C. A. 474; Halcyon, 239 Fed. 840, 152 C. C. A. 626; George W. Elzey, 250 Fed. 602, 162 C. C. A. 618.

55 Ashbourne (D. C.) 99 Fed. 111; No. 92, 252 Fed. 117, 164 C. C. A. 229.

56 CLANDEBOYE, 70 Fed. 631, 17 C. C. A. 300; North Carolina. 15 Pet. 40, 10 L. Ed. 653; Boston, 1 Sumn. 341, Fed. Cas. No. 1,673; Bello Corrunes, 6 Wheat. 152, 5 L. Ed. 229; Gov. Ames, 108 Fed. 969, 48 C. C. A. 170; Celtic Chief, 230 Fed. 753, 145 C. C. A. 63.

not detract from the service. Dr. Lushington put this very well when he said that he could not understand why the patient should complain of the shortness of an operation."" The Result Achieved

As to the degree of success achieved, and the proportion of values lost and saved, the principle is that, if the entire property is saved, the owner, having suffered less, can better afford to pay handsomely than if only a portion is saved, and the salvor is to be paid out of a mere rem

nant.

For instance, other things being equal, the court will decree a larger award if an entire cargo of $100,000 is saved than it would if out of an entire cargo of $300,000 only $100,000 were saved.58

SALVAGE CONTRACTS

67. A salvage contract is binding if free from circumstances of imposition and the negotiations are on equal terms; but not if the salvor takes advantage of his position, or if either is guilty of fraud or misrepresentation.

In modern times salvage generally springs from contract. The courts at one time went far in doing away with the binding effect of such contracts, saying that the amount agreed on is only presumptive evidence, and may be inquired into.

As to the general principle there should not be any difference between a salvage contract and any other. Circumstances of fraud, oppression, or inequality will affect any

57 General Palmer, 5 Notes of Cas. 159; Thomas Fielden, 32 L. J. Ad. 61; Andalusia, 12 L. T. (N. S.) 584; B. C. Terry (D. C.) 9 Fed. 920, 927; Connemara, 108 U. S. 352, 2 Sup. Ct. 754, 27 L. Ed. 751.

58 Sandringham (D. C.) 5 Hughes, 316, 10 Fed. 556; Isaac Allerton, Fed. Cas. No. 7,088.

contract. Hence it is easy to understand why a contract made at sea between a helpless wreck and an approaching rescuer should be inquired into, like a contract made on land under the persuasive muzzle of a revolver. But when the circumstances show no inequality of negotiation, as when the owner of a sunken vessel, after ample deliberation, contracts to have his vessel raised, there is no reason on principle, why he should not be held to his bargain, though it should turn out to be a bad one. And so the Supreme Court has decided.59

SALVAGE APPORTIONMENT

68. A salvage award is apportioned among those who contribute directly or indirectly to the service, including the owners of the salving property at risk; and admiralty has jurisdiction of a suit to compel an apportionment.

Having discussed the doctrines governing the assessment of a salvage award, it is now necessary to consider to whom the amount so fixed should be paid. As a rule, it goes only to those who participated, directly or indirectly, in the service. All the salving crew share, those immediately engaged most largely; but those whose work on the salving vessel is increased also share in less proportion. The owners of the salving vessel, though not present, participate on account of the risk to which their property is exposed. If the salving vessel is a steamer, her owners receive much the greater portion, on account of the efficiency of such vessels. In such cases it is the rule to award the owners three-fourths.""

50 Elfrida, 172 U. S. 186, 19 Sup. Ct. 146, 43 L. Ed. 413 (reversing 77 Fed. 754, 23 C. C. A. 527). See, also, Sir William Armstrong (D. C.) 53 Fed. 145; Kennebec, 231 Fed. 423, 145 C. C. A. 417; Humarock (D. C.) 234 Fed. 716; Akerblom v. Price, 7 Q. B. D. 129; Port Caledonia, [1903] P. 184.

§ 68.

60 City of Paris, Kenn. Civ. Salv. 154; Cape Fear Towing

Independent of statute, the fact that salvor and salved vessels belonged to the same owner did not prevent the owner of the salving vessel from claiming salvage against the cargo of the salved vessel, where there was no breach of the contract of carriage.1

Nor did it prevent the crew of the salving vessel from claiming salvage for their work, both to the salved vessel and her cargo.62

And now it is provided by statute that "the right to remuneration for assistance or salvage services shall not be affected by common ownership of the vessels rendering and receiving such assistance or salvage services."68

64

Of the amount set aside for the crew, the master, on account of his responsibilities, receives a larger proportionate share, and the remainder is divided among the crew in proportion to their wages, unless special circumstances call for special allowances. Passengers or other persons aboard the salving ship may share if they render aid.

It is frequently necessary to make a salvage award as a whole, and then opportion it among different sets of salvors. The apportionment is made according to their relative merits, though the first set of salvors usually receive special consideration.65

Admiralty has jurisdiction of a suit by co-salvors to compel a refunding by a salvor to whom the entire award has been paid."

& Transp. Co. v. Pearsall, 90 Fed. 435, 33 C. C. A. 161; City of Puebla (D. C.) 153 Fed. 925; Gibson (D. C.) 160 Fed. 230.

61 Gilchrist Transp. Co. v. 110,000 Bushels of No. 1 Northern Wheat (D. C.) 120 Fed. 432.

62 Rees v. U. S. (D. C.) 134 Fed. 146; Glenfruin, 10 P. D. 103.

63 Act Aug. 1, 1912, § 1, 37 Stat. 242 (U. S. Comp. St. § 7990); Appx. 425; Roanoke, 214 Fed. 63, 130 C. C. A. 503.

64 Tijuca (D. C.) 247 Fed. 358.

65 Santipore, 1 Spinks, 231; Livietta, 8 P. D. 24; Strathnevis (D. C.) 76 Fed. 855; Annie Lord (D. C.) 251 Fed. 157.

66 McMullin v. Blackburn (D. C.) 59 Fed. 177.

SALVAGE CHARGEABLE AS BETWEEN SHIP AND

CARGO

69. A salvage award is charged against vessel and cargo in proportion to their values at the port of rescue,

each being severally liable for its share alone. Freight contributes pro rata itineris.

The salvor has a remedy in rem against the property saved.

The principle is that vessel, cargo, and freight money saved are to contribute according to their relative values at the port of rescue. The same percentage is charged against all, though portions were saved more easily and were at less risk; the reason being that differences in this respect would produce endless confusion, and tempt the salvors to save portions of the cargo without attempting to rescue other portions. Specie is subject to the same rule."

If the voyage has not been completed, the court will prorate the freight money from the initial point to the port of rescue, and make only that proportion of the freight contribute. For instance, if the voyage is one-third completed at the time of the accident, the value of one third of the freight will be taken, on which salvage will be assessed."

As between ship and cargo, each is liable severally only for its own proportion. The salvor who neglects to proceed against both cannot recover his entire salvage from one."9

§ 69. 67 St. Paul, 86 Fed. 340, 30 C. C. A. 70; Longford, 6 P. D. 60. But where one series of operations saved the vessel and another the cargo, there may be separate proceedings against each, and different percentages assessed. St. Paul, supra.

68 NORMA, Lush. 124; Sandringham (D. C.) 5 Hughes, 316, 10 Fed. 556; Kaffir Prince, 31 T. L. R. 296.

69 Raisby, 10 P. D. 114; Jewell (D. C.) 41 Fed. 103; Alaska (D. C.) 23 Fed. 597. But the court may charge the entire amount against the ship, if the disaster was caused by any act for which the ship