Salvage

Salvage is the compensation allowed to persons by whose assistance a ship or her cargo has been saved, in whole or in part, from impending peril on the sea, or in recovering such property from actual loss, as in cases of shipwreck, derelict, or recapture.

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.

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.

A compensation allowed to a person by whose voluntary 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. Salvage service: service rendered in saving property on the sea, or wrecked on the coast of the se£L

^ 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.

A compensation allowed to persons who have saved or aided in saving ships or cargo from actual loss after wreck, or from impending danger, whether from fire, pirates, enemies, or the ordinary perils of the sea.

An allowance for saving a ship or goods from the danger of the seas, from fire, pirates, or enemies. Weeks v. The Catharina Maria, 2 Pet. Adm. 424; Lea v. The Alexander, 2 Paine, 466. Salvage service: such service as is rendered in the rescue or relief of property at sea in imminent peril of loss or deterioration. The H. B. Foster, Abh. Adm. 222, 228. Salvor: one who, without any particular relation to a vessel in distress, proffers useful service, giving it as a volunteer adventurer, without any pre-existing covenant that connected him with the duty of employing himself for the preservation of the vessel. The Wave «. Hyer, 2 Paine, 131; Evans v. The Charles, 1 Newh. Adm. 329. Salvage is the compensation allowed to persons by whose assistance a ship or boat, or the cargo of a ship, or the lives of the persons belonging to her, are saved from danger or loss in cases of shipwreck, derelict, capture, and the like. And a salvor is he who renders such assistance. The services entitling to salvage must be such as demanded skill, enterprise, and risk on the part of the salvors; for mere ordinary services, as towage, no salvage is claimable. (The Princess Alice, 3 W.Eob. 138.) Moreover, these services must have been attended witli success (The Edward Hawkins, 31 L. J. Adm. 46); for salvage, it is said, is a reward for services actually conferred, not for services attempted to be conferred (The Chetah, 5 Moo. P. C. C. s. s. 621). The chief statutory provisions at present in force with reference to wreck and salvage are contained in Part VIII. of the merchant shipping act of 1854, Stat. 17 & 18 Vict. ch. 104. Brown. The relief of property from an impending peril of the sea, by the voluntary exertions of those who are under no legal obligation to render assistance, and the consequent ultimate safety of the property from such peril, constitute a case of salvage; and where the compensation is not fixed by such a contract as a court of admiralty time law. Adams v. The Island City, 1 Cliff. 210. See also Baker v. Hoag, 7 N.Y. 555. One who claims salvage must show, among other things, that he rendered a voluntary service; not one owed to the property in peril or to its owner. Thus, where vessels come into collision, no claim for salvage arises because one renders service afterwards to the other. Upon a collision, either vessel is bound to render any aid which may be in her power, necessary to the safety of the other; and this is so, even though she is not in fault for the collision. The Clarita and The Clara, 23 WaU. 1. One of two vessels which have been in collision may, if an innocent party, be entitled to salvage for services rendered to the other party (and this is so, notwithstanding 25 & 26 Vict. ch. 63, § 33); but not so, if both ships were equally in fault. Cargo ex Capella, L. B. 1 A. i- E. 356. Bisk of life is not a necessary element of salvage service. Where such risk is incurred in saving property, it will place the salvors in a higher position of merit, and entitle them to a more liberal compensation for the service than would otherwise be accorded. But the controlling inquiry in salvage cases is, was the property in peril of being lost, and was it saved by the efforts of those claiming to be salvors? Spencer v. The Charles Avery, 1 Bond, 117; Blagg V. The E. M. Bicknell, Id. 270. Salvors, strictly so called, are persons who undertake to save property in peril, at the request of the owners, or of the master. They are under the direction and control of the master, and may be discharged by him, with or without good cause, upon being compensated for what they have already done, or without such immediate compensation, if their lien is not endangered. Finders, on the other hand, take possession primarily, by right of discovery, and cannot be dispossessed afterwards by the owner or master. Again, finders being in possession, under no contract, may abandon their enterprise if their exertions have not diminished the chances of ultimate safety; and this without waiting for any such danger to life, or apparent hopelessness of the enterprise, as would alone justify salvors in abandonment. But both salvors and finders are under an implied obligation to use good faith, honesty, skill, and energy in what they do undertake. The Ida L. Howard, 1 Low. 23.

in maritime law, originally meant the thing or goods saved from shipwreck or other loss; and in that sense it rs generally to be understood in our old books. But it is at present more frequently understood to mean the compensation made to those by whose means the ship or goods have been saved from the effects of shipwreck, fire, pirates, enemies or any other loss or misfortune. ‘This compensation, which is now usually made in money, was, before the use of money became general, made by a delivery of part of the effects saved. Marsh. Ins. B. 1, c. 12, s. 8; Pet. Adm. Dec. 425; 2 Taunt. 302; 3B. & P. 612; 4 M. & S. 159; 1 Cranch, 1; 2 Cranch, 240; 8 Cranch, 221; 3 Dall. 188; 4 Wheat. 98; 9 Cranch, 244; 3 Wheat. 91; 1 Day, 193; 1 Johns. R. 165; 4 Cranch, 347; Com. Dig. Salvage; 3 Kent,.Com. 196. Vide Salvors.