The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-10-31

cr 2Sfb 1855 Soma nine vessels value
4 at SIGt0O0 were employed In the SCI
Iies. The vessels and men INQUIRE
~tess and continued risks on al
SO, u storms off that coas
count Il sbe cargo was move
A large par boats it being iu
1000 feet in SUR vessel neare
possible to get a large. ~fieT %
the Kimberley. The Kim. ne
so filled with water as TO rende.
engines useless and very little assist
ance was received from her. The
libellants' actual outlay was S26, 900.
Held that in addition to the quantum
| meruit allowance, libellant was en-
| titled to one fifth of the value saved,
viz, S9S,O0O. The quantum meruit
was the SIT, 900 expended and $4,000
for use of salvor's tugs, surf boats,
anchors, chains, hawsers. steam
pumps, &c, at 1916 day. The case
was appealed and the salvors compro-
missed for 100000.
Two cases are cited where fifty per
| cent. was allowed as salvage: PsfscA
rs. Ware, Cranch, 347 1S0S). The
ship FavOurite was discovered adrift
in the bay of Delaware deserted by
her crew, with her masts gone by the
board and without anchors, cables or
rudder, and in danger of being car
ried out to sea. Her cargo was wines
and spirits and it was unladen with
considerable labor and landed Three
of the Justices thought the salvage
allowed was too great.
In the case of the ''Ia. d. BibJeT,' 80
Fed. Rep, SO, this vessel, loaded
with railroad iron, went ashore in
Galveston Bay. The vessel and cargo
were salved by hbellants under
contract with the master for 80 per
cent. of the value; wrecking crews |
large cost for that locality used, and |
the vessel saved at the risk Of serious I
damage to the property engaged in
the work of salvage, one of the
lighters being injured and the crews
suffering much hardship, and the
weight of evidence showing that the
cost of saving railroad iron wrecked
on the gulf beach, on basis of work
and labor, is so per cent. of its value.
Held that the contract was reasonable
and a proper allowance for salvage
would be SO per cent of the value of
OF the property saved.
There is now no fixed rule as to
The value OF salvage services, but ex-
cept In raro cases Of merit fifty per
cent. Is the maximum. 1T is now
he practice to allow fair compensa-
ion for the actual services and one
lalf will be given only where both
energy and great exer
ion have been displayed or a con-
iderable danger incurred by the
alEors. If the servic> rendered to
Iereilcts De of extra ,,inary merit,
ven IS much as two ;rds of their
alue may be AWARDED 20 salvors,
Ian q aaoiety as reao0 81 Am. x
Ing. Encyc. p. &c
Considering ~ .lous ingredi-
nts of merito,o Sssalvage laid in
he early part of this decision, we
nd g. That the sugar being
asily dissolved by contact with
7ater was in great danger of loss !
'hile In the schooner Liholiho lying
n the reef and would have been
ost but for the timely assistance of
be Iwalani.
(2) The value Of the property I
aved was not large, the sugar
rought $3,635.67, and all of the !
$50 bags were saved but 234 bags.
(3) There was some risk to the
len in the boats while discharging
le cargo-but it was not much 81
lore than is often incurred by the 81
oatmen Of our coasting steamers in
liking their own cargo in. The fact
lat 1853 bags were taken out and =.
oated to the Iwalani and So TO the v
ock between midnight (some Of the
illnesses say 4 A. NJ and 8 A. N. the
ext morning, shows that the risks
lcountered were not very hazard
Is.
a. The salvors employed their
Gamer Iwalani, valued by them at
10000. The Liholiho was valued at
1000. The Iwalani used her own P.
,ats, men and hawser and did not
I've to supply any extra appliances.
'hiles performing this service the
7aI. Il WAS in no especial danger
} more than when taking in or dis
arging cargo at many of her usual
'rts on Kauai. The weather was
'od. the wind light and off shore ~
ID the sea not high; and she had
It light on the wharf so that she Il
ew her position and came up and
chored in safety.
81 The nature of the salvage ser
20 was simple and did not require
eat skill. The Iwalani lay at an ID
or half of one night and part of L
3 next day, keeping steady strain
th hawser to keep the Liholiho
IN going further on the reef and
ally pulled the schooner off the
ks. but she sunk and became a
eek. The Iwalani's boats un-
ded the schooner as rapidly as Tn
ssible. She was not thereby de- -
ned from making her usual voy-
3 on time.
g. The time occupied was short,
we have seen, and the labor on
part of the boats crews was Sc
e while it lasted. but not much
re than when ordinarily employed
boating off sugar. The distance
n which the sugar was boated was
IS fathoms. The officers and
W of the Iwalani are not claim
5 in this libel.
Z iS cold fbof xvhara tba voI,,o &c