tion of steam has considerably raised the proportion of the reward which is allotted to the owners. As in the majority of cases the chief risk and expense is incurred by the owners, and the chief service is performed by their vessel,1 a not uncommon proportion for the owners to receive is one-half of the whole reward.

When several bands of salvors are entitled to participate in the reward, the amount to be allotted to each is in the discretion of the Court; but the rule naturally is that it should be apportioned according to the value of the services which each set of salvors may have rendered.2

Receivers

The apportionment among several salvors, when the ser- Apportionvices have been rendered within the United Kingdom, if ment by the amount finally ascertained to be due, by agreement or of Wreck. by the award of justices, does not exceed £200, and dis.putes arise as to the apportionment, may be made by the Receiver of Wreck for the district, on the application of the parties liable to pay the same, who will first give the amount awarded to the Receiver, and receive a certificate of payment from him.3

If the amount exceeds this sum, or the services have been rendered outside the United Kingdom, any Court having Admiralty jurisdiction may then apportion the amount which has been finally ascertained in such a manner as it thinks right and just.

Salvors have a maritime lien on the property saved. A mariWhere ship, cargo, and freight are saved, each must con

1 The Enchantress, Lush. 96.

For examples of apportionment, The Jonge Bastian, 5 C. Rob. 322; The Albion, 2 Hagg. 255; The Charlotte, id. 361; The Queen Mab, 3 Hagg. 241; The Pride of Canada, Br. & L. 209; The Undaunted, Lush. 90; 29 L. J. Ad. 176; The England, 2 L. R. P. C. 253 ; 38 L. J. Ad. 9; The Eastern Monarch, Lush. 81; The Andrina, 3 L. R. Ad. 286; 28 L. T. N. S. 488 (derelict).

3 M. S. A. 1854, ss. 466, 467. As to the manner of distribution, see Instructions of the Board of Trade to Receivers of Wreck," post, App. III.

The Eleanora Charlotte, 1 Hagg. 156; The Gustaf, Lush. 506. As to maritime lien and its incidents, see ante, p. 6.

time lien.

tribute its share of the salvage reward in proportion to its value: an impression that bullion is an exception to this rule has recently been decided to be erroneous.2 Where lives on board a ship are saved, there is a lien on the ship, cargo, and freight in respect of the reward due for such service. But if the ship be lost and only the cargo or part of it is saved, the amount of salvage awarded in respect of the saving of life has to be borne by the property which has also been saved, for the liability to pay attaches only to property saved, and is not a personal liability on the part of the owners of the lost vessel.3

The value of the property for salvage purposes is taken to be its value at the port where the salvors' services end.* In the case of freight, it has been held that, even though as between shipowner and cargo-owner no freight has become due at this port, yet, that as services have been rendered in respect of a portion of the freight which is ultimately payable, the value must be roughly reckoned as the proportion finally due for the voyage as far as the port of safety, if that is not the terminus of the whole voyage. When there is a disagreement as to the values, a commission of appraisement should be taken out (for procedure, see Part II.); but when it is only a question whether certain deductions may legally be made, a commission of appraisement is unnecessary. In practice, affidavits of value which differ are often brought into Court, and the values then agreed upon by counsel.

In addition to the ordinary maritime lien enforceable by the process of the Admiralty Division, there exist also

The Westminster, 1 W. Rob. 233; The Emma, 2 W. Rob. 319; The Pyrennee, Br. & L. 189; The Longford, L. R. 6 P. D. 60; 50 L. J. Ad. D. 28.

2 The Longford, supra.

3

The Fusileer, Br. & L. 341; The Cargo ex Schiller, 2 L. R. Ad. D. 145; The Cargo ex Sarpedon, L. R. 3 P. D. 28; 37 L. T. 505. The Stella, L. R. 1 Ad. 340; 36 L. J. Ad. 13; The George Dean, Swa. 290.

The Norma, Lush. 124; The James Armstrong, L. R. 4 Ad. 380. 6 The Charlotte Wylie, 5 N. of Cas. 6.

certain statutory provisions which are of some importance. Briefly summarized they are to this effect. Whenever any salvage is due to any person under the Merchant Shipping Acts, the Receiver of Wrecks may detain the property saved until payment is made or a process issued by the Court, unless security is given, when he may release the property.1 If the claim exceeds £200, the Admiralty Division may determine any question concerning the amount of security, and proceedings may also be taken in the Court to settle the question as to the amount of salvage which is due. Moreover, whenever any property is detained by a Receiver for non-payment of any sums due for salvage, and the parties liable to pay are aware of the detention, if the sum is (a) undisputed, and payment is not made within twenty days, or (b) if it is disputed, but no appeal lies from the first tribunal to which the dispute is referred, and payment is not made within twenty days after the decision of this tribunal, or (c) if the amount is disputed, and appeal proceedings are not instituted or payment made within twenty days, the Receiver may sell the property, or a sufficient part thereof, and from the proceeds pay to those entitled the amount of their salvage reward, and all attendant expenses, and hand over the surplus to those who may have a right to it.3

Again, in the case of one of Her Majesty's ships, or in that of any other ship, if the salvor in this last case is willing to abandon his lien, the master or person in charge of the salved ship may agree to abide by the judgment of a competent Court, and give security for such an amount as may be settled between the parties, and such agree

1 By M. S. Amendment Act, 1862, s. 50, the Receiver, on the application of either party, may appoint a valuer to value the property, and after it has once been released it cannot be detained by the salvors. The Lady Catherine Braham, Lush. 404; 5. L. T.

693.

* M. S. A. 1854, s. 468; App. I.

3

3 M. S. A., 1854, s. 469; App. I.

D

ment shall bind the ship, her cargo and freight, and their owners.1

There is also a series of provisions as to the enforcement of salvage by Her Majesty's ships which are contained in the Merchant Shipping Act, 1854;2 these are voluntary and do not prevent a salvor from proceeding by the ordinary machinery. They will be found at length in Appendix I.

Examples of Salvage Awards and Apportionments.

I.-SERVICE.

Life-Property-Life-Boatmen and

Shoremen.

The iron ship Glenduror, 994 tons, at 8 p.m. on an evening in February, came stem on to the shore, having parted her cables in a very severe gale which was then blowing. The life-boat was manned with the help of some 60 or 70 persons, and rescued 29 persons from the Glenduror. For a week all these persons and other boatmen were engaged in landing and warehousing cargo, and lightening the ship, which was got off and brought to London. Value of ship, cargo and freight, £46,000. Tender, £500.

The Glenduror, L. R. 3 P. C. 589.

£500.