Page:Federal Reporter, 1st Series, Volume 10.djvu/603

 THE LEIPSIC. ^91 �wasin thegulf stream, drifting north-easterly wheu it was calm; she was in good condition except as to her steam-power; she had tried sailing and had determined to abandon it, and was seeking assistance from steamers; delay had become serious, and her captain took the services of the Gresham, though he knew it would be under a claim for £3,000, rather than let the Gresham go, and trust to the other steamer in sight or to some other resource. In regard to the Gresham, she put back 40 miles, and went out of her way to a port to which she was not bound; she was delayed in all 48 hours; she had a charter to begin at Baltimore the 25th, which she might have lost ; and the service was, in fact, not difficult or dangerous. I think the £3,000 is entirely too much. At the same time I think the $3,750 is uot enough. I award the sum of $5,500. Of this the Gresham is to have three-fourths, or $4,125. This is. peculiarly a case where her owners ought to have a large share. Of the remaining $1,375, the master of the Gresham is to have $150, and the rest is to be divided among her master, officers, and crew, in proportion to the rates of their respective wages. �The district court awarded costs in that court to the libellants, as the claimant had made no tender. This was correct. As both par- ties have appealed, and each has had partial success, no costs in this ' court are allowed to either party. �Note. That towage is a salvage service, see The Letpsic, 5 Fed. Kep. 108 ; The Ellora, 1 Lush. 550. The compensation for salvage services, as salvage, should be sufficieiitly large to raake every one concerned sufflciently eager to perform the service promptly. Ehrman v. TJie Steamship Swiftsure, 4 Fed. Rep. 463 ; The Emily B. Souder, 15 Blatchf. 185. The compensation should be just, {The Mary E. Long, 7 Fed. Kep. 864,) adequate, and liberal, {Atlas Steam-ship Co. y. The Steam-ship Colon, 4 Fed. Rep. 469,) and a proper re- ward. The Bark Lovetand, 5 Fed. Rep. 105. �There are two elements which enter into the amount of award, viz., ade- quacy of remuneration and a bounty given to encourage such services. The Sandrinc/ham, ante, p. 566. �Agreements for compensation made at sea are subject to the approvai of the court, {The Leipsic, 5 Fed. Rep. 108,) and an agreement to pay excessive salvage will not be enforced. Brooks v. The Steamer Adirondack, 2 Fed. Rep. 387.— [Ed. ��� �