Page:Encyclopædia Britannica, Ninth Edition, v. 21.djvu/258

Rh 238 S A L S A L on recapture (for which see PRIZE), are decided by a prize court. The tribunal for determining cases of civil salvage, the usual kind, is a court having admiralty jurisdiction. In England or Ireland the High Court of Justice (Admiralty Division), in Scotland the Court of Session, have cognizance of salvage claims to any amount. The Merchant Shipping Act, 1854, confers jurisdiction on justices of the peace to arbitrate on claims not exceeding 200, or where the value of the property saved does not exceed 1000. Certain county courts named by order in council have by the County Courts Admiralty Jurisdiction Act, 1868, jurisdiction in any claim in which the value of the property saved does not exceed 1000, or in which the amount claimed does not exceed 300. The jurisdiction of the inferior courts is protected by provisions depriving the suitor in the High Court of his costs without a certificate from the judge in cases where the claim might have been made before justices or in a county court. In addition there are various local tribunals exercising a more or less limited jurisdiction in sal- vage claims. Such are the Commissioners within the Cinque Ports, the Court of Passage of the city of Liverpool, and the Royal Courts of Jersey and Guernsey, besides the various Vice-Admiralty Courts throughout the British empire. The rules which guide the courts in the award of salvage are reducible to a few simple principles, depending partly upon the general maritime law, partly upon the Merchant Shipping Acts, 1854 and 1862. (1) The salvage services must have been rendered within the jurisdiction of the ADMIRALTY (q.v.). (2) There must be no legal duty on the part of the salvors to render assist- ance. Therefore there must be very meritorious and exceptional services on the part of the crew, or even of a pilot, a passenger, or the crew of a tug, to entitle any of them to salvage. The same is the case with the officers and crew of a queen's ship, coastguardsmen, <fec., who are bound by their position to assist. (3) The property must have been in peril, and rescued by the salvors. (4) The services must have been successful. Of course where a request for help has actually been made, and the property perishes, the right of remuneration nevertheless survives, on the ordinary principles of contract. The basis of salvage proper is service independently of contract. If these conditions be satisfied, salvage claims take priority of all others against the property saved, and give the salvors a maritime lien upon such property, enforceable by an action in rem. Salvage of life from a British ship or a foreign ship in British waters ranks before salvage of goods. In distributing the salvage reward the court considers (1) the extent of the peril of the property saved, (2) its value, (3) the nature of the services. This is subject to any contract, not inequitable, made between the parties. Seamen cannot abandon their right to salvage unless they specially engage themselves on a ship to be employed on salvage duty. Salvage of life is rewarded at a higher rate than salvage of property. Misconduct of salvors may operate as a bar to their claim. Salvage reward is commonly apportioned between the officers and crew of the salving ship, its owners, and other persons assisting. The amount is at the discretion of the distri- buting authority. It seldom exceeds in the whole one- half the value of the property saved. Apportionment for salvage services rendered within the United Kingdom, where the sum does not exceed 200, due by agreement or the order of justices, may be made by the receiver of wreck on application of the parties liable to pay it. Salvage is a terra also applied by analogy to property not saved at sea, but from tire on land, and also to property recovered from destruction by the aid of voluntary payments. The person making the last advance is entitled to priority in the nature of quasi- salvage, as the continued existence of the property at all may be due to him, e.g., the case of a payment made to prevent the forfeiture of a policy of insurance. Charges in favour of a solicitor upon property recovered or preserved by his means have been several times declared by the courts to be in the nature of salvage of this kind. The law of the United States is in general agreement with that of England. The court of admiralty jurisdiction is the district court. The area in which salvage services may be rendered is much wider than in England, as it includes the great freshwater navigable rivers and lakes. This difference arises from the greater importance of inland navigation in the United States. See RIPARIAN LAWS. SALVIAN, a Christian writer of the 5th century, was born in Gaul, and most probably in the neighbourhood of Treves or Cologne (De Gnb. Dei, vi. 8, 13). His birth has been conjecturally assigned to the period from 390 to 420. He was probably brought up as a Christian, though of this there is no absolute proof. Zschimmer considers his writings to show that he had made a special study of the law ; and this is the more likely as he appears to have been of noble birth and could describe one of his relations as being " of no small account in her own district and not obscure in family" (Ep. i.). He was already a Christian when he married Palladia, the daughter of heathen parents, Hypatius and Quieta, whose displeasure he incurred by persuading his wife to retire with him to a distant monastery, which is almost certainly to be identified with that so lately founded by St Honora- tus at Lerins. For seven years there was no communica- tion between the two branches of the family, till at last, when Hypatius had become a Christian, Salvian wrote him a most touching letter in his own name, his wife's, and that of his little daughter Auspiciola, begging for the renewal of the old affection (Ep. iv.). This whole letter is a most curious illustration of Salvian's reproach against his age that the noblest man at once forfeited all esteem if he became a monk (De Gub., iv. 7; cf. viii. 4). It was presumably at Lerins that Salvian made the acquaintance of St Honoratus (ob. 429), St Hilary of Aries (ob. 449), and St Eucher of Lyons (ob. 449). That he was a friend of the former and wrote an account of his life we learn from St Hilary ( Vita Hon., ap. Migne, 1. 1260). To St Eucher's two sons, Salonius and Veranus, he acted as tutor in consort with St Vincent of Lerins. As he succeeded St Honoratus and St Hilary in this office, this date cannot well be later than the year 426 or 427, when the former was called to Aries, whither he seems to have summoned Hilary before his death in 429 (Eucherii Instructio ad Salonium, ap. Migne, 1. 773 ; Salv., Ep. ii.). Salvian continued his friendly intercourse with both father and sons long after the latter had left his care ; it was to Salonius (then a bishop) that he wrote his explana- tory letter just after the publication of his treatise Ad Ecclesiam ; and to the same prelate a few years later he dedicated his great work, the De Gubernatione Dei. The above facts, as will be seen, render it almost certain that he must have been born a good deal before 420. If French scholars are right in assigning Hilary's Vita Honorati to 430, Salvian, who is there called a priest, had probably already left Lyons for Marseilles, where he is known to have spent the last years of his life (Genn., ap. Migne, Iviii. 1099). It was probably from Marseilles that he wrote his first letter presumably to Lerins begging the community there to receive his kinsman, the son of a widow of Cologne, who had been reduced to poverty by the barbarian in- vasions. It seems a fair inference from this letter that Salvian, acting up to the precepts of his own treatise Ad Ecclesiam, had divested himself of all his property in favour of that society and, having no longer any possessions of his own, sent his relative to Lerins for assistance (Ep. i., with which compare Ad JZccles., ii. 9, 10 ; iii. 5). It has been conjectured that Salvian paid a visit to Carthage ; but this is a mere inference based on the minute details he gives of