New-York tribune., 1874-04-25
THE LAW or S1LVAGE.


THE Law or SALVAGE,
II is reported that the salvors of the derelIct
steamship EAm6rique claim SjOO,OOO Tor their
compensation. This is the largest proportion
allowed by the law of civilized nations III such
cases, the total value of the ship and cargo
being estimated at about S1,0OO,OOO. Ot this
amount the ship is valued at 100000 and the
cargo at 100000. The decision in this case VIII
be looked for with great interest by CONNER
cial and maritime people, as it will establish
a precedent The amount is unusually large
and the circumstances of the salvage are pecu-
liar. There is about the law and usage OF the
sea romantic and antique flavor which lends
to the otherwise dry details of statutory en-
actments a certain interest that no other
branch of jurisprudence possesses. 1t would
seem that, like everything else born of the
sea, the laws of the fluent highway of nations
have a mysterious and superstitious character
istic which is found nowhere else in the codes.
English usage is usually quoted as furnish
ing the best precedents for the adjudication OF
cases arising under maritime and Admiralty
law. AS early as during the reigns of Edward
III. and Edward III. it was ordained that
nothing should be deemed wreck if so much
as cat should escape alive therefrom. The
owners title was made to depend upon the
clcmency of the salvors toward his cat. This
element of superstition has not yet been
eliminated from the customs OF the sea-
Under those ancient statutes all sea wrecks
were divided into three parts: lgan, hotsam,
and ietsam. The first of these was cargo or
vessel abandoned at sea, and so marked as to
show location and ownership; fiotsam was
cargo thrown overheard indiscriminately and
found floating; jctsam was that portion OF an
abandoned ship or cargo recovered from the
deep by dredging or diving, in contradistinction
from that which foated. Modern law, however,
makes but little account Of these fine distinc-
tions; all three are included in the designa-
ton of wreck-wreck at common law.
In Great Britain, the Board of Trade has
the superintendent of matters pertaining to
wreck under that authority the Coast Guard
is empowered to take charge of property and
revise proceedings. The Admiralty only
entertain questions arising out of division OF
the net amount OF compensation among the
salvors. Under British law-which is good in
ternational usage-the maximum of compensa-
ton is one-haf the va4ue of tho property
saved. The amount allowed is graduated by
the peculiar circumstances, danger, stress
of weather, loss of time, risk, ETC., in
vOlved in the salvage. But civilized nations
to-day declare, as did the Rhodians and Ro-
mans Of antiquity, that the right of property
is not relinquished by committing it in des-
peratiOn to the waves. Whether cast upon
the coast or found "derellct" upon the high
seas, the property is not alienated from its
original holder. Salvage is defined TO be COM
pensatiOn for labor, expenses, promptitude,
peril, energy, and skill in saving or assisting
in saving the whole or any part of q vessel or
cargo abandoned or in peril incidentally, the
freight money Herewith connected is comprised.
This is personal service. The compensation
is shared between the owners of the vessel
or vessels employed and the persons on those
vessels. Those who abandon cargo or vcs-
sci may make agreement with salvOrs as to
their share of reward; in the absence of such
agreement, that compensation becomes
subject of legal adjustment The vessel
which bears the salvOrs is usually entitled
to not moro than one-half the amount
awarded for salvage this, of course, goes to
the owners. The master may have One-half of
the remaining mOety; and the rest is divided
among the other officers and crew on the sal
wage vessel, down to the lowest ship boy, in
due proportion. For the sake Of encourage
ment to steam vessels, which are more expe-
ditious and economical as salvors. craft propelled
wholly or in part by steam arc awarded larger
salvage than sailing vessels.
= AS we have said, the rate of compensation
claimed by the salvors of the Amerique is the
maximum allowed by the law Of nations. In
this case, Of course, the derelict property was
considered utterly lost to the owners except
for the interpostion and services Of the
saIvors. They claim one-half Of the value of
the entire property found. 1t may be safely
set up that the abandonment Of the Am6rique
was complete, and not temporary. Of the share
of the costs of salvage in the amount
awarded to the salvors-each person inter-
ested in the property saved must share. The
ship, cargo, appurtenances, personal effects,
and baggage found on board must be held
liable for proportionate amount of the
award made to the salvors. That liability is
lien which takes precedence of all other
claims against the property. The salvors in
the case of the Amerique were the British
steamers Spray and f. Il. Barry. Their de-
mand will be considered by British Court.
The award will undoubtedly be liberal, and
in accordance with the law of the sea.