The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-10-31

W luO ONu0A0 0uA OAQN Va tAAO Cl4NAnA
vessel the Mary Odell.
In the case of ''7He 7rsgETT0," so
Fed. Be. 946, the Court January,
1889, awarded twenty-five per cent.
as salvage. The steamer Tregurno
was stranded on the Florida coast
twenty-five miles from Cape Florida,
the nearest anchorage. She was APP
praised with her cargo of cotton at
sos, 496. The cotton saved was
transported 15S miles to Keywest.
The wrecking force consisted OF if
teen vessels aggregating 4S9 tons
and nearly 200 men and the salvors
were engaged twenty five days.
In The Egyp: II Fed. r. 359, the
salvors were engaged eight days,
discharged between HOO and 100
bales of cotton and the court gave
one-ffth upon an agreed estimation
of S250,O00, in addition to S4,266.55
which amount had been expended
by the wreckers.
In the case of The Kimberley. 40
Fed. r. 2S9, the steamship kim
berley," valued with her cargo at
$4,000, was stranded on December
LIST, 1887, off False Cape Shoals,
Atlantic Ocean. The vessel was $50
feet long, 1850 gross tonnage, and
had been driven 5000 feet from deep
water and thrown high upon the
shore broadside to the SCI and i'm
bedded in the quicksand-s most
perilous position. The libellants
1.-THE Baker Salvage CO.. came at once
to her rescue and finally succeeded
in getting the vessel of on January
26th, 1888. Some nine vessels valued
at S164,000 were employed in the ser
vice. The vessels and men incurred
services and continued risks on &C
count of storms of that coast.
A large part Of the cargo was moved
1000 feet in surf boats, it being i'm
possible to get larger vessel nearer
the Kimberley. The Kimberley was
so filed with water as to render her
engines useless and very little assist
ance was received from her. The
libellants' actual outlay was $26, 900.
Held that in addition to the quantum
meruit allowance, libellant was en-
titled to one fifth of the value saved,
viz, $4,000. The quantum meruit
was the $4,000 expended and $4,000
for use of salvor's tugs, surf boats,
anchors, chains, hawsers, steam
pumps, &c, at 1915 day The case
was appealed and the salvors compro-
missed for 100000.
Two cases are cited where fifty per
cent. was allowed as salvage: Pejsc.
ps. Ware, 4 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 "R. ID. Bibber," 81
Fed. Rep, So, this vessel, loaded
with railroad iron, went ashore in
Galveston Bay. The vessel and cargo
we're salved by libellants under
contract with the master for so PEI
cent. of the value; wreckiDg crew:
were paid extra sums and pumps Of
large cost for that locality used, and
the vessel saved at the risk of serious
damage to the property engaged II
the work of salvage, one of the
lighters being injured and the crews
suffering much hardship, and th'
weight of evidence showing that th'
cost of saving railroad iron wrecked
on the gulf beach, on basis OF worl
and labor, is so per cent. OF its value
Held that the contract was reasonable
and proper allowance for salvag
would be so per cent. of the value o
of the property saved.
There is now no fixed rule as b
the value of salvage services, but ex
cept in rare cases of merit fifty pc
cent. is the maximum. ut is nov
the practice to allow fair compensa
ton for the actual services and one
half will be given, only where bot
considerable energy and great exel
/ ton have been displayed or a cor
siderable danger incurred by tn
salvors. If the service rendered t
| derelicts be of extraordinary meri
even as much as two-thirds of thei
value may be awarded to the salvorl
but ii is Nth great reluctance that MOI
than naoiety is reaodrded" Il Am. {
Eng. Encyc., p. 693.
Considering the various ingred
ents of meritorious salvage laid /
the early part of this decision, W,
find a. That the sugar beinl
easily dissolved by contact wit
water was in great danger of los
while in the schooner Liholiho lyin
on the reef and would have bee
| lost but for the timely assistance o
the Iwalsni.
| (2) The value of the propert.
saved was not large, the sugs
brought S3,63567, and all OF tn
I45O bags were saved but ga bag
| 81 There was some risk to tn
men in the boats while dischargin
the cargo-but it was not mucl
IL