tween salvors who volunteer to go out and salvors who are employed by a ship in distress, and it is said that the former are entitled to nothing if not successful, while the latter are to be paid according to their efforts made, even though the labor and service may not prove beneficial to the vessel.1

Salvors who bring the vessel to a position of safety, and then give up the charge to a licensed pilot, are not prejudiced as to their claim by an injury caused by the negligence of the pilot.2

It has been laid down as a general rule that evidence of bad weather cannot be admitted to enhance the value of the salvage service. It is, however, admitted by Mr. Justice Story that subsequent perils and storms may enter, as an ingredient, into the case, where they were foreseen, to show the promptitude of the assistance, and the activity and sound judgment with which the business was conducted. And we should be inclined to give even more weight to evidence of this nature. If a vessel is in need of a salvage service, one of the questions is, What was the extent of the peril from which the salvors rescued her? In determining this, the season of the year, the position of the vessel, the state of the weather at the time, and what it might reasonably be expected to be at that time of year, and the chance of relief if the salvors had not 359, a person was requested to take charge of a steamboat which was in the ice, in a position of great danger. He did so, and did all that could be done under the. circumstances, and it was held, although the steamboat was saved by the peculiar manner in which the ice broke up, that he was entitled to salvage. In The Ranger, 9 Jurist, 119, a vessel negligently got upon the sands. Another vessel saw her, and at much risk crossed a shoal part of the sands and hastened to her assistance, but before she arrived the first vessel got off. The court held that as no actual salvage service was rendered, the vessel could not claim salvage, but as she was induced to go to the assistance of the one on shore to assist her when she was in danger, and as the danger was occasioned by negligence, the vessel was entitled to the expenses she had incurred. In the case of The Albion, 3 Hagg. Adm. 254, where a vessel attempted to assist another in towing a wreck, but could not render any assistance, Sir John Nicholl, said: "She is entitled to some remuneration: she has the merit of going to assist, she showed a willingness, and her offer of assistance was accepted; but it is clear that she impeded the progress of the service." And £100 were allowed, the value being £ 4,600. See also The E. U., 1 Spinks, 63; The Santipore, id. 231. See cases ante, p. 281, n. 4.

The Undaunted, Lush. Adm. 90.

The Bomarsund, Lush. Adm. 77. The Emulous, 1 Sumner, 216. ♦ Ibid.

rendered assistance, are all important elements. If the storm occurred during the progress of the salvage service, although after the vessel had been removed from the place where she was most exposed to peril, we should consider that the evidence would be admissible; and so if it were clearly shown that the vessel would have been exposed to the storm if it had not been for the assistance of the salvors.1

If the vessel be fraudulently imperilled by the master, this does not defeat the claim of the salvors, unless they were parties to the fraud, or were cognizant of it while it was going on, and did not interfere to prevent it as far as they could, or unless they endeavored to conceal the master's misconduct and screen him from detection.2

As it is equally a salvage service, and within admiralty jurisdiction, whether the service be rendered at sea or when the vessel is wrecked on the coast, and whether it be performed by seamen or by landsmen; so in the case where the salvors neglected their

1 In The Emulous, 1 Sumner, 216, a storm took place the day after the vessel reached a port of safety. The salvage service was rendered in the Vineyard Sound, the vessel, being aground on a reef on an island near the coast of Massachusetts. Assistance was procured from the shore, and if the libellants had not performed the service, other persons would. In The Monk wearmouth, 9 Jurist, 72, Dr. Lushington said: "It does not seem that there was any serious difficulty to be overcome or danger to be encountered, in conducting this vessel from where she was up the river Tees; though I can well understand that, had the weather become more violent, and the tow-rope parted, there might have been serious risk of running upon one or the other sand. The services are short but successful. The single point is, whether, under the circumstances, the tender is sufficient or not. And I think, in looking at this case, I must bear in mind not merely the actual state of things, but what they might have been at that time of year and in that state of the weather, and I think that this was a service not lightly to be considered." Tender, £ 30-£ 60 decreed. And in The Lockwoods, 9 Jur. 1017, the same judge said: "When I look at the accident which had occurred, the damage she had suffered, her disabled condition, the season of the year, and the state of the wind and sea, I am strongly of opinion that, had she been compelled to keep at sea, or to seek some distant port to leeward, she would have been exposed to great risk and danger, and therefore I think she was in urgent need of assistance. And in The Versailles, 1 Curtis, C. C. 362, Curtis, J., refers to the change of the wind just after the vessel was got off a ledge of rocks, as showing that but for the service she would have remained on.

2

Brevoor v. The Fair American, 1 Pet. Adm. 87, 95.

Stephens v. Bales of Cotton, Bee, 170; The Jonge Bastiaan, 5 Rob. Adm. 322 * Stephens v. Bales of Cotton, Bee, 170.

growing crops of cotton in order to save the property, this fact was considered in awarding salvage. But one whose vessel had been lost while conveying the things saved to another place of delivery, is entitled only to freight, not salvage.2

On the other hand, when a barge was brought in which was found without anchor or crew, salvage was denied, because it was shown to be usual to leave barges there in that condition, and generally mere land service in unlading a shipwrecked vessel and superintending those unlading her, is not a salvage service.1

If a vessel at sea is short-handed by reason of sickness, or other casualty, and is navigated into port by part of the crew of another vessel, this is to be treated as a salvage service. But when salvors found a ship derelict and went on board, and in their haste forgot to take with them a log glass, a watch, and a chart, it was held that the officer of a king's vessel, who was afterwards requested to supply these articles, and payment offered, was not entitled to dispossess the first salvors on the ground that they could not bring the vessel safely to port without his assistance."

But it is said that a salvage service can only be founded in the rescuing of a ship and cargo from some impending danger or distress. It would, therefore, seem that if part of the crew were captured, and subsequently recaptured and restored to their vessel, the only claim of the recaptors would be on the ground of supplying the deficiency in the number of the crew occasioned by the capture.9

1 Stephens v. Bales of Cotton, Bee, 170. Stephens v. Bales of Cotton, Bee, 170. The Upnor, 2 Hagg. Adm. 3.

The Watt, 2 W. Rob. 70.

The Harvest, 1 Sprague, 537; The Golondrina, Law Rep. 1 Adm. 334. • Williamson v. Brig Alphonso, 1 Curtis, C. C. 376; The Active, 1 Eng. L. & Eq. 644; The Roe, Swabey, Adm. 84; Sturtevant v. The Geo. Nicholaus, 1 Newb. Adm. 449. In The Janet Mitchell, Swabey, Adm. 111, a vessel was met with in distress, her captain having been drowned, and some one was required to manage her. The mate of the vessel volunteered his services, and the vessels reached their ports in safety. Salvage was allowed to the owners, master, and rest of the

crew.

'The Blenden Hall, 1 Dods. Adm. 414, 419.

The Mary, 1 W. Rob. 448, 457.

The Mary, 1 W. Rob. 448. The master and part of the crew in this case had been taken by pirates, and the vessel at the time she was discovered by the

Compensation has been granted for keeping near a vessel in distress, at the earnest request of her master and crew, although but little aid was rendered.1 If a vessel is stranded near her port of destination, and it becomes necessary to transship the cargo, this is a salvage service.2 So, if a vessel in distress is boarded at some risk by a fishing smack, and an order for a steamer taken, compensation as salvage is allowed.3 And generally the court may give compensation, in the nature of salvage, for services which fall below those necessary to found a strict salvage claim And advice may in some cases amount to a salvage service.5

In a case where some shipwrecked mariners were taken from a ship which had rescued them, and they brought with them a box of gold, which was taken on board the vessel, it was held that, although this last vessel was not entitled to claim salvage, the persons and property being in no danger at the time, yet that a compensation was due beyond mere freight-money; and that process would lie against the property by a suit in rem, although the parties had parted with the possession of the gold.

And salvage has been awarded for rescuing a raft of timber which was floating out to sea.7

8

As a general rule, when two vessels come into collision, they are bound to render assistance to each other if necessary; and it is very clear that if the vessel in fault renders assistance to the other, she cannot make any claim for salvage compensation, either from the other vessel, or from the cargo on board.10 But if the service is rendered to the one in fault, although the court would

alleged salvors was in the offing with a signal of distress flying. They went out to her and brought her safely in, and afterwards joined in an expedition against the pirates. The master and crew were ransomed, and then the pirates attacked. The court held that salvage was only due for conducting the vessel into harbor. 1 Allen v. Ship Canada, Bee, 90; The Underwriter, 4 Blatchf. C. C. 94. 2 The Westminster, 1 W. Rob. 229.

The Ocean, 2 W. Rob. 91. The value of the ship, cargo, and freight was £10,500, and £ 40 were allowed.

be reluctant, if the service rendered in consequence of the collision were but slight, to see it made the subject of salvage compensation, yet in a proper case salvage would be decreed.1

If a vessel is driven ashore in a gale of wind, or gets ashore by any accident, she is generally a fit subject for a salvage service.2

SECTION V.

OF DERELICT.

As to what is "derelict" there is no certain and accepted definition; and perhaps none better than a vessel which is abandoned and deserted by her crew without any purpose on their part of returning to the ship, or any hope of saving or recovering it by their own exertions. If so abandoned, the ship is derelict,

The Sappho, Swabey, Adm. 241. In The Hannibal, Law Rep. 2 Adm. 53, a collision occurred between A and B. A was in tow of a steam-tug, which after the collision rendered assistance to B. B was afterwards held in fault for the collision, and it was held that the tug was entitled to salvage, although by statute ships were bound mutually to assist each other after a collision.

2 In The James T. Abbott, 2 Sprague, 101, where a vessel beating through the Narrows in Boston Harbor got ashore on George's Island, and was pulled off by a tug, the service was held to be one of salvage. In The M. B. Stetson, U. S. D. C. Mass., Jan. 1867, where a vessel at anchor off the same island was driven ashore in a gale of wind, Lowell, J., said: "Speaking generally, it may be said, that the mere fact that a vessel is aground is enough to show that she is in a situation to have a salvage service rendered her. No doubt grounding in a tidal harbor, or in the Mississippi river or some similar place, may often be in fact one of the ordinary incidents of navigation, and not enough of itself to show danger or distress. But I apprehend it will be difficult to find an adjudged case of a vessel driven ashore in a gale of wind, and still more where the gale is still blowing, in which any doubt has been expressed of her being in such danger as to be open to salvage. See also The Rajasthan, Swabey, Adm. 171; The Alfen, id. 189; The Himalaya, id. 515. ·

The Aquila, 1 Rob. Adm. 37; The Amethyst, Daveis, 20; Rowe v. Brig

1 Mason, 372; The Elizabeth & Jane, Ware, 35; The Caroline, 2 W. Rob. 124 ; The Charlotta, 2 Hagg. Adm. 361; The Effort, 3 Hagg. Adm. 165; The Windsor Castle, 2 Notes of Cases, Supp. liii.; Mason v. Ship Blaireau, 2 Cranch, 240; The Watt, 2 W. Rob. 70; The Clarisse, 1 Swabey, Adm. 129. In The Minerva, 1 Spinks, 271, a vessel was anchored off the coast, and the crew in endeavoring to escape were all drowned. The vessel was afterwards saved, and the court held that it was a case of derelict.