The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-04
HOW SALVAGE Is AWARDED.
Procedure Much Like That in Prize
Money Cases.

NEW YORK, July 3.-There have been
volumes written on the law OF salvage
and 1t is impossible to make any sort of
statement as to the principles which gov
ern awards in salvage cases. There are,
however, many points of similarity be-
tween salvage awards and prize awards in
war time, and the procedure in the two
instances Is very much alike. AS awards
in prize cases are divided among the Gov
eminent. the captain and the crew of the
vessel or vessels participating in the cap
ture or conflict. so in salvage cases the
awards are divided among the owners,
captain and crew of the vessel which rem
ders the service.
In making the award the court takes
into consideration multitude of factors.
The time spent In the work the value Of
the vessel saved and of it's cargo; the
value of the saving vessel, which. BY jeCp-
ardizing its own safety, thereby jeop irdize;
its insurance; and damage to the vessel
claiming salvage or to any of its crew, are
all taken into account. If a vessel is
greatly damaged in helping another. the
amount of salvage it is likely to get viii
be greater, and II memb-r OF its crew
receives injuries in the discharge of his
duties he is practically certain to receive
for that reason a large proportion OF the
salvage. The Incorporation of these site
ments of damages in the libel or ella m
fled generally averts individual damage
suits. Finally, the risk taken by the
ibellant is of importance in making the
award, and is proportioned according 10
the value of the libellant itself.
The first steps in a salvage suit is the
filing Of the libel or claim, with bonds for
costs, with the clerk Of the United States
District Court. This libel is in the shape
Of petition. praying for the Gale Of the
libeled vessel in order to reimburse the
libellant for services rendered. Such a suit
once begun by the filing Of the libel, process
may be waived or not as the libellant's
attorneys see fit II process is waived, 1t
is generally understood that an agreement
has been reached between the parties, and
that the libel is a mere formal statement
or announcement of the libellants claim
for salvage. II process is not waived, an
attachment will issue upon the vessel IL
beled and the property VIII be taken IN
charge by the United States marshal. The
owners Of the vessel are then required to
place on file three documents, a so-cailed
claim" stating their ownership Of the
ship at the time, the required bond for
costs fixed in all cases at $500, and
statement of value of the vessel and cargo
generally decided by arbitrary agreement
between the parties.
This done and bond being filed by the
owners of the vessel to the amount agreed
upon as the vessels value, the court issues
an order to the marshal for the release Of
the attachment The release is granted
only upon the filing of the bond. OrdiEar-
lily. in the case of any reputable steamship
company, the bond will be filed in order
that the libeled vessel may proceed upon
her trips as usual. Thereafter the COM
plant and answer in the suit is filed and
the suit proceeds as any ordinary suit in
the United States courts.
OF the three lbels fled yesterday against
the Kaiser Wilhelm der Crosse only one
hears an endorsement mo process" In the
other cases the bonds will undoubtedly be
arranged for between the parties Trials
in such suits cannot come up. before the |
October term of court.