amounts one third in each case will go to the captain and crew, and two thirds to the owners of the boat; of the one third, $200 in the first case and $100 in the second, are awarded to the master, and the rest distriputed among the master, officers, and crew ill ,l)roportion to their wag. .
JoNES et al.
t7. CAB FLOAT
(mstrict Oourt, S. D. New York.
April 28, 1892.)
S.u.....lO_BB.lCllING LBAKY FLoAT-ExCESSIVB SECURITY-COSTS. A float with loaded cars. while in tow of a large tug, got on roob. After float,. irig, she was found to be leaking badly, and the tug started to beach her. Two smaller tugs were employed for some 10 or 15 minutes iu keeping the float straight, and in landing her in shallow water, where the large tug could not go. The owners of the float settled with the second tug to arrive for $125. Held, that the tug first to assist should receive $200; but as no demand had been made. and as security had been exacted in the Bum 01 is.OOO, costs were refused.
In Admiralty Libel by Richard Jones and another against Car Float No.5. Decree for libelants for salvage. Alexander &; Ash, for 1ibelants. Wing, Shoudy &; Putnam. and Mr. Burlingham, for claimant. BROWN, District On September 17, 1891, about 7 o'clock
iI., while the tug Intrepid was towing car float No.5 with loaded cars
from Wilson's Point to New York, the float, through the parting of the hawser, got aground on the rocks at Pot Cove in Hell Gate. When floated off she was found to be leaking so much that the tug deemed it prudent to take her as speedily as possible to the flats to the eastward of the Brothers islands. On approaching North Brother the float was yawing badly through partly filling, and signals were sounded by the Intrepid, calling for assistance, to which the tugs Curtis and Spray responded immediately. The Spray having previously passed the float and observed her condition, recognized the necessity of beaching her at once, and of keeping her straight while passing the North Brother; and she accordingly .went alongside the float at once. without stopping for any prior interview with the master of the Intrepid, which was ahead on a hawser. The Curtis riot knowing the condition of the float, went alongside the Intrepid and bargained with the master to assist the float "around the point" for $10; and thereupon took hold. The float was soon beached upon the flats by the aid of the two tugs in shallow water, where the Intrepid could not go; and afterwards the master offered to audit the bills of each, -yvhjch was declined. On the same day the owners of the Spray filed this libel for salvage. I do not credit the evidence of the claimants that the pilot of the Spray was told that he was not wanted before he went to the float, or was or-
FEDERiiLREPORTJEB; wI. 50.
JleWsbd'given for I10t producing him. ,His supposed oi'de'r to',the Spray is sufficientlyitcconnted (or by his hawser; and the weight of evidence is clear that the Spray did mst go side the Intrepid at all, the float and took chargE' of her management. Nor is it probable that if the master had ordered him away from the first, he would have offered to audit his bill after the service. The assistance desired was, however, comparatively slight; namely, some 10 or 15 minlites' service in keeping' the float straight and beaching her upon the flats, ,a little tothe If the servicE's had not been expected by thEr master of the Intrepid, his bargain with the pilot of the Curtis would evidently be a piece of cunning approaching iInp'Ositie'5u; ,iifs(), it was vlliuntarily compensated for by the owners afterwards,oy ihe, to the Curtiso£$125, for her services. It seems that the master of the Intrepid, seeing that the Spray Wilsgoingaloogside the float, bargained with the Curtis for $10 as for a merely additionalservice besides that of the Spray; for the weight of testim<;>ny shows that the Spray came up to the float first. 'fhe services oreitherboat alone would probably have been sufficient; but the circumstances were such that the master' might well have ,thought best to avail himself of the offEtr qf both. The Spray having arrived a little earlier, and having in reality as pdlicipal as between the two, should be allowed more than the Curtis. Two hundred dollars will, I think, be So"sufficient and appropriate compensation, (The Jas. R'lI,mse'!), 40 Fed. Rep. 909;) but as the libel was filed immediately, and without demand, and as security in the sum of $5,000 was required, decree must be without costs. ' ,
glite1tliose ordehH hli!1not been caUedasa
he,gt)bJ tWere. Th e master ofthe Intrepid,' 'wJlrii"it
1 HE ltOANOKE. LEATHEM:
(Dl.strict Court, E.
May 16, 1899.)
A cQnl;l'alltto pay for'salvage service a fixed price absolutely, without respect to or failure, does tbe character of the service. It. remains a salvage setvice,but the measure of compensation is gauged by the contract, and not by the danger encountered, or the value of the property salved.
4 can 1;ract to pay a 1i1ted ,price for a, salvl\ge service, in any eveIlt,does not affect thea'dmi'ralty jurisdiction, nor the lien granted by the maritime law for salvage service,
A contract between the salvors and the owner of the ship, for a fixed sum payable in respect of the ship; and for a larger sum payablem respect of the underwriters, is tainted with fraud, and will not be enforced. . Settlemehtii by the master, deliberately and fairly made, are upheld. But sucb letJ,lemen¥l, made pursuant to and in furtherance of a contract to defraud nndel'writers, will not be sustained.