Page:Federal Reporter, 1st Series, Volume 5.djvu/115

 MURPHÎ V, 6HIP SOLIOTE. 103 �îrom destruction niay become a tcmptation to subjcct it to peril. �As to the distribution to be made of the award, in this cause, we think that it should be so regulated as to put the men belonging to the different vessels upon a footing some- what in proportion to the service which they respectively per- formed, and -we do not perceive any better method of doing this than by allowing the men belonging to each vessel a certain number of months' wages, graduated in some degree by the vessel's service. We think that the allowance to the master and men of the Maud Wilmot of two months' wages, to those of the Belle Darlington of three months', and to those of the Protector of four months', to be deducted, respectively, from the several amounts awarded to said vessels and their crews, ■will be amply sufficient. We concur with the district court in awarding to Higgins the sum of $500, and to Johnson $250. As to the award to be made to the respective vessels and their crews, we are of opinion that the sum of $2,000 ehould be awarded to the Maud Wilmot and her crew, and that the balance of the total salvage allowed, after deducting the amounts awarded to Higgins and Johnson, and to the Maud Wilmot and her crew, and the costs of this appeal, should be distributed, one-third to the Belle Darlington and her crew, and two-thirds to the Protector and her crew. �The property saved and liable to salvage consista of the ship, valued at $10,000 ; the cargo, valued at $230,000 ; and an equitable proportion of the freight. The gross freight waa valued at £3,551 12s. 5d., amounting, at the rate of $4.84 to the pound sterling, to the sum of $17,189.84. But this had not been earned, and, indeed, if we consider the voyage as not having commenced, no part of it had even been equita- bly earned, and we were at first in doubt whether the freight ought to be taken into account. But the proof shows that the owners of the ship had, at the time of the fire, expended $9,316.50 in procuring, compressing, and loading the cargo. This was an investment in respect of the freight, and was eaved to the owners by the saving of the ship and cargo, ����