Page:Federal Reporter, 1st Series, Volume 10.djvu/588

 576 FSDEBAL BEPOBTKB. �is concerned. The Genessee, 12 Jurist, 401; The Columbia, S Hag- gard, 428. But the question of derelict is no longer of much impor- tance in cases where the amount of salvage claimed does not exceed half the value of the property saved. �2. The ship and her cargo having been in extreme peril, and been saved, the second consideration is as to the value of things saved. In this case the value of the cargo, $150,000, was readily ascertained by the market priees of cotton. The value of the ship was fixed at $36,000 by the sarvey that was ordered soon after she was brought otf the beach into port. In her then apparently dilapidated condition, and in the reasonable apprehension that she might have been strained by lying for a week on the beach, this valuation may have been much lower than was justified by subsequent developments. She was re- paired at the cost of only $14,000, which placed her value when in the hands of her owners, ready toset sail for Liverpool, at only $50,000, which was probably not much more than half her real value. If the salvage is to be estimated by a percentage or proportion, it might be just for me to consider this state of the case in fixing the award ; but as the valuation has been treated at the hearing as a thing agreed upon and not in dispute, I will consider the value of the ship to have been only $36,000. �As to the freight, the saving of ship and entire cargo put the ship in condition to malie good her con tract of afifreightment by complet- ing her voyage, and earning the entire freight agreed upon. It bas always been claimed, and with some reason, that in such a case as this the whole freight should be estimated in making up the aggre- gate value, part of which is to be awarded for salvage. I think, however, the weight of authority has settled that the freight to be considered is only such proportion as the distance at which the sal- vage service was rendered from the port of departure bears to the whole voyage. In the present case, the distance of Norfolk as be- tween Galveston and Liverpool being about half way, the value of freight to be considered must be half the whole, or $7,000. The Norina, Lush. 124; Jones, Salvage, 91. �3. As to the risk incurred by the salvors in this case, though their labor was long-continued, it cannot be regarded as having involved extraordinary risk to men experienced in wreeking, and accustomed to the dangers of the sea. Eisk to salvors is only of importance as affecting remuneration. It is not a neceasaiy element in salvage, but only a circumstance to be considered as enhancing their reward, if the risk be greai. Jones, Salvage, 4; The Pericles, B. & L. 80; ��� �