Page:Federal Reporter, 1st Series, Volume 3.djvu/820

 PENDLETON V. STEAîi-fiOAT REDBEN POTTEB. 81^ �iurther, it showed that, to raise the rea to the surface and put her in a condition to float in Newport tarboir,' the libel- lants, -with the knowledge and tacit, if not expressed, assent of the authorized agent of the said Harris Pendleton, incurred a debt of $350 to a Captain "Waters, a wrecker and diver of ' Newport, for which he holds them to be solely his dobtors, they acknowleJging their liability. �Now, that the libellants arer entitled to recover this sum ex- pended in caring for the res while in their charge and cus- tody as salvors, must be conceded, while it foUows that, after allowing this to be an indisputable claim against the fund, there still remains but $234.28 unappropriated, out of which to pay Costa yet untaxed, estimated at $56.70, andwhatever, if anything, shall be adjudged due the salvors in addition to the said sum of $350. �In view of these and of other f acts in proof, I am of opinion that the libellants are entitled to an award of $125 for their salvage services, in addition to the said sum of $350 ex- pended in the raising and repairiug the rea. A less sùm would npt be areasonable compensation; a larger, consider- ingof how little value the vessel proved tb be' after a neces- sary outlay of $350 upon her, would be out'of reason. That the ' libellants may say that, could they haVe fôreseen the re suit, they would bave passed by on the other side, as did the Lereti, and left the crippied and helpless boat to the mercy of the windand waves, is not improbable; and equally proba- ble it is that the owner, Harris Pendleton, mày say that bet- ter had it been for him had she gone to pieces with the dredge to which he prudently or imprudently made her f ast at Noack on the eighteenth of August. But to querulous utteranees like these, from whichsoever party, it seems sufficient to re- ply, that in the judgment of the court any other resuit would be unaccordant with sound precedents, and with the teach- ings'of ail approved text-writera on admiralty law and prac- tice. ����