Page:Federal Reporter, 1st Series, Volume 10.djvu/596

 684 FEDERAL REPORTER. �"Appellate courts are reluctant to distiirb an award for salvage, on the ground that the subordinate court gave toc large a su m to salvors, unless they are clearly satisfled that the court below made an exorbitant estimate of their services." �I have desired that in the eveiit of an appeal from this decision the facts and principles on whieh it is based maybe f ully understood by the courts above. �Thirty days will be allowed for an appeal. There was no appeal. �Note. The amount of salvage to be awarded must be estimated by the com- pound consideration of the danger and importance of the service, and the value of the property saved is an essential circumstance in estimating the latter.(a) The long-settled practice has been to view the compensation for such services as a revvard for bravely encountering the perils of the seas in the interest of com- merce and navigation ;{6) and it' should always comprehend a reward for the risk of life or property, labor and danger, and should be so liberal as to afford inducement to exertions to save life and property.(e) Effective service by steam-vessels should be particularly eneourged.(d) If the service is merely that of ordinary towage, as a general rule only the usual towage compensation is to be given,(e) in addition to the expense and time of going out to render the service ;(/) but the reward, even in derelict cases, should be governed by the general principles, namely: danger to property, value, risk, risk of life, skill, labor, and duration of service, (.9) and the large value at risk.(ft) �As to the amount of compensation for salvage service, there is no flxed rule nor precedent nor practice in admiralty,(j) and there is no rule but that which a sound discretion may suggest upon a view of all the circumstances of each particular case.(i) The court may reward not only according to the merit of the service, but also in proportion to the value of the property res- cued;(fe) and the leading and dominant consideration ought to be the benefit arising to the owner.(Z) �Salvage is generally decreed on all property salved, whether ship,(m) eargo,(n) or the freight.(o) — Ed. �(o) The Elvlra, Gilp 60. (h') The Shlp Saliote, 6 Fed. Rep. 99 ; The Henry �(i) The Blaireau, 2 Crnnch, MO; The Sarah, 1 Ewljiink, 1 Samu. 400; The Earl of Eglinton, �C. Kob. 313, note; The Williiim Beckford, 3 C. Swiih. 7. �Rob. 286; The Hector, 3 Hagg. Adm. 90; The (0 The B. C. Terry, 9 Fed. Rep. 920; The �Cllftoii, Id. 117; The Industry, Id. 'J 0. Thetis. 3 Hagg. Adm. 14 ; The Steamer Leipsic, 5 �(c) Bond V. The Cora, 2 Wash. C. C. 80; The Fed. Rep. 109. �Steam-ship Swiftsure, 4 Fed. Rep. 463. (j) Hoiul v. The Cora, 2 Wash. C. C. 80; Tyson �(ii)TheWiniamPenn,lAm.LawHeg.B84; The v.Priov, Klall. 133; The Miiry K. Long, 7Fed. Hep. �Raikes.l Hagg. Adm. 246; The Alfen.Swab. 190; 364; The Levi Davis, 9 Fed.Kep.715; TheB. C. �Atlas Steam-ship Co. v. Steam-ship Colon, 4 Fed. Terry, 9 Fed. Rep. 920. �Rep. 469. (fc) The Waterloo, Blatchf. & H. 114; The Ply- �(e) The Princess Alice, 3 W. Rob. 138; The Har- moiith Rock, 9 Fed. Rep. 413. �binger, 20 Kng. L. & E. 041; The Albion, 2 Hagg. Tavlor v. The C'ato, 1 Pet. Adm. 48. �Adm. 180, note ; 3 Hagg. Adm. 254. (m) 1 he Selina, 2 Notes of Cas. 18. �(/) The Graces, 2 W. Rob. 294. («) The George Dean, Swab. 290; The Mary �(g) The Shlp Snliote, 6 Fed. Rep. 99 ; The Bark PleasantB, Id. 224. �Lovetand. Id. 105; The John E. Clayton, 4 (o) The Peace, Id. 115 ; The Norma, Lnsh. 124 ; �Elatchf. 372; Post v. Jones, 19 How. inO; The The Dorothy Foster,6 C. Rob. 88; The Progress, 1 �Leander. Bee, 260; The Ebenezer, 8 Jurist, 385; Edw. Adm.iilU; The Raceliorse, 3 C. Rob. 101. The Henry Ewbank, 1 Spr. 400. ��� �