Salvage

^ 1.

Allowance for saving a ship or goods from the danger of the seas, from fire, pirates, or enemies. 6 The compensation allowed to persons by whose assistance a ship or vessel or the cargo of the same, or the lives of the persons belonging to the ship or vessel, are saved from danger or loss in cases of shipwreck, derelict, capture, or other marine misadventure.' The compensation allowed to persons by whose voluntary assistance a ship at sea, or her cargo, or both, have been saved in whole or in part from impending sea peril, or in rethe English Bills of Sales Acts of 1878, 1882, see 3 Law Quar, Rev. 300 (1887). ' See 1 Bl. Com. 194; Maine, Anc. Law, 155. " Mc Dougall 17.

Giacomini, 13 Neb. 484 (1882), Maxwell, J. s Bowser v. Birdsell, 49 Mich. 8 (1882), Cooley, J.; Kitson V. Mayor of Ann Arbor, 26 id.

326 (1873). ' State V. Mansker, 36 Tex. 365 (1871), Ogden, J. See also 39 Conn. 40; 105 Mass. 40. * F. salvage: L. salvare, to save. • Weeks V. The Maria, 8 Pet. Adm. 425 (1790;; Lea v. The Alexander, 2 Paine, 469 (Wii?}, Wayne, J. covering such property from actual peril or loss, as, in cases of shipwreck, derelict, or recapture.! Salvor. A person who renders salvage service. " A person who, without any particular relation to a sliip in distress, proffers useful service, and gives it as a voluntary adventurer, without any pre-existing covenant that connected him with the duty of employing himself for the pi-eservation of that ship." 2 Elements of a valid claim are: a marine peril, voluntary service not owed to the property as a maltter of duty, and success in saving the property, or some portion, from the impending peril; ^ or, again: a marine peril, service voluntarily rendered when not required as an existing duty or from a special contract, and success in whole or in part, or service contributing thereto. Proof of success, to some extent, is as essential as proof of service.^ Suit for salvage may be in rem, against the property saved or the proceeds thereof, or in personam, against the party at whose request and for whose benefit the service was performed. But both proceedings may not be had in one and the same libel. ^ The allowance of a compensation, which much exceeds the risk encountered and the labor employed, is intended as an inducement to render the services which it is for the public interest and the general interest of humanity, to hold forth to those who navigate the ocean.* Liberal remuneration is allowed — to induce the daring to embark in such enterprises, and to withdraw motive to depredate upon the property. Seamen, pilots, and passengers, who 'perform extraordinary services out of their duty, are entitled to it; but not, one who places the property in danger.'' In determining the amount of the reward, courts of admiralty consider as the main ingredients: the labor expended; the promptitude, skill, and energy displayed; the value of the property employed in rendering the service, and the danger thereto; the risk incurred; the value of the property saved; and the degree of danger from which the property was rescued. The compensation is not viewed merely as pay, on the principle of quantum meruit, or as remuneration pro opere et labore, but as a reward for perilous services voluntarily rendered, and as inducement to embark in such undertakings.' Compensation presupposes good faith, meritorious > The Sabine, 101 U. S. 384^91 (1879), cases, Clifford, J. See also Cope v. Vallette Dry-Dock Co., 119 id. 639 (188T), cases; The Fannie Brown, 30 F. E. 230 (1887). 2 The Neptune, 1 Hagg. 236 (1824), Ld. Stowell. Approved, The Wave v. Hyer, 8 Paine, 130 (1833?); 1 Curtis, 378. '' The Clarita and The Clara, ante. ' The Blaireau, 3 Cranch, 26j (1804), Marshall, C. J. Approved, 31 F. R. 426. service, complete restoration, and incorruptible vigilance. ^ Saving a ship in port from imminent danger of destruction by fire is as much a salvage service as saving her from the perils of the seas. The shortness of the time occupied does not lessen the merit of the service... A passenger cannot recover for every service which would support a claim by one in nowise connected with the ship; yet, for extraordinary services, and the use of extraordinary means, not furnished by the equipment of the ship herself, by which she is saved from imminent danger, he may have salvage... The amount is largely a matter of fact and discretion, which cannot be reduced to precise rules but depends upon a consideration of the circumstances of each case." See Admiraltt; Consokt, 2; Derelict, 2; Towage. 3. In the law of insurance, see Insurance, Fire.