Salvage

In maritime law

A compensation given by the maritime law for service rendered in saving property or rescuing it from impending peril on the sea or wrecked on the coast of the sea, or, in the United States, on a public navigable river or lake, where interstate or foreign commerce is carried on.

1 Sumn'. (U. S.) 210, 416; 12 How. (U. S.) 466; 1 Blatchf, (U. S.) 420; 5 Mc Lean (U. S.) 359.

Occasionally used to designate the property saved.

2 Phil. Ins. § 1488; 2 Pars. Mar. Law, 595.

There are three things essential to the right to salvage: erty was saved must be real, not speculative merely (1 Cranch [U. S.] 1); but it need not be such that escape from it by any other means thkn by the aid of the salvors was impossible. It is sufficient that the peril was something extraordinary, — something differing in kind and degree from the ordinary perils of navigation.

1 Curt. [U. S.] 353; 2 Curt. [U. S.] 350.

All services rendered at sea to a vessel in distress are salvage services.

1 W. Rob. Adm. 174; 3 W. Rob. Adm. 71.

But the peril must be present and pending, not future, contingent, and conjectural.

1 Sumn. (U. S.) 216; 3 Hagg. Adm. 344.

It may arise from the sea, rocks, fire, pirates, or enemies (1 Cranch [U. S.] 1), or from the sickness or death of the crew of master (1 Curt. [U. S.] 376; 2 Wall. Jr. [U. S.] 59; 1 Swab. 84). (2) The saving. In order to give a title to salvage, the property must be effectually saved; it must be brought to some port of safety, and it must be there in a state capable of being restored to the owner, before the service can be deemed completed.

1 Sumn. (U. S.) 417; 1 W. Rob. Adm. 329, 406.

It must be saved by the instrumentality of the asserted salvors, or their services must contribute in some certain degree to save it (4 Wash. C. C. [U. S.] 651; 01c. Adm. [U. S.] 462); though, if the services were rendered on the request of the master or owner, the salvor is entitled to salvage, though the services were slight, and the property was saved mainly by a providential act (5 Mc Lean [U. S.] 359; 1 Newb. Adm. [U. S.] 130; 2 W. Rob. Adm. 91; Bee, Adm. [U. S.] 90; 9 Lond. Jur. 119). (3) The place. In England it has been held that the services must be rendered on the high seas, or, at least, extra corpus convitatus, in order to give the admiralty court jurisdiction to decree salvage; but in this country it is held that the district courts of the United States have jurisdiction to decree salvage for services rendered on tide waters and on the lakes or rivers where interstate or foreign commerce is carried on, although infra corpus comitatus.

12 How. (U. S.) 466; 1 Blatchf. (U. S.) 420; 5 Mc- Lean (U. S.) 359.