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Salvage

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In maritime law. A compensation allowed to persons by whose assistance a ship or its cargo has been saved, in whole or in part, from impending danger or recovered from actual loss, in cases of shipwreck, derelict or recapture. 3 Kent, Comm. 245. Cope v. Valletta Dry-Dock Co.., 119 U. S. 625, 7 Sup. Ct. 336, 30 L. Ed. 501; The Rita, 62 Fed. 763, 10 C. C. A. 629; The Lyman M. Law (D. Ct) 122 FCd. 822; The Blackwall, 10 Wall. 11, 19 In Ed. 870; The Spokane (D. C.) 67 Fed. 256. In the older books of the law, (and sometimes in modern writings,) the term is also used to denote the goods or property saved.

Equitable salvage. By analogy, the term "salvage" is sometimes also used in cases which have nothing to do with maritime perils, but in which property has been preserved from loss by the last of several advances by different persons. In such a case, the person making the last advance is frequently entitled to priority over the others, on the ground that, without his advance, the property would have been lost altogether. This right, which is sometimes called that of "equitable salvage," and is in the nature of a lien, is chiefly of importance with reference to payments made to prevent leases or policies of insurance from being forfeited, or to prevent mines and similar undertakings from being stopped or injured. See 1 Fish. Mortg. 149; 3 Ch. Div. 411; In K. 14 Eq. 4; 7 Ch. Div. 825.

Salvage charges. This term includes nil the expenses and costs incurred in the work of saving and preserving the property which was in danger. The salvage charges ultimately fall upon the insurers.

Salvage loss. See Loss.

Salvage service. In maritime law. Any service rendered in saving property on the sea, or wrecked on the coast of the sea. The Emulous, 1 Sumn. 210, Fed. Cas. No. 4,480.