Page:Federal Reporter, 1st Series, Volume 5.djvu/227

 THE STEAMER ADIBONDACE. 215 �crew were attended with so little risk and additional labor that they ehould recieve only a small proportion — perhaps one-quarter part of the amount. The claims of a steamer employed in a towage salvage service are very favorably cou- sidered by the courts of admiralty, because, without her pow- erful aid, the master and crew could not save the property, and the use of the steamer la the use of the capital of the ownera, and their property is necessarily put at some risk in the enterprise. Yet, while this consideration has received full recognition, it has been generally thought just to divide the award in nearly equal parts between the vessel and the actual salvors, the variations from this distribution depend- ing on the particular circumstances of each case, affecting the merits of their respective claims. The Perla, Swa. 230; The How, 3 Ilagg. 250, note; The Earl Gray, là. 36e; The Himalaya, Swan, 515 ; The Spirit of the Age, Id. 286 ; The St. Nicolas, Lush. 29; The Princess Helena, Id. 197; The True Elue, L. E. IP. G, 259; The Sir Ralph Abercromhie, Id. 4C1; The Kingalock, 1 Spk. 267 j The Alfen, Swa. 190; The Leip- MC, 5 Fbd. Eep. 108. �A proper apportionment in the present case will, I thînk, be three-fifths of the $6,750 to the owners of the steamer, as the principal salvor, and two-fifths to the master and crew, as foUows: Three hundred dollars 'to the master, and the residue among the officers and crew, including the master, in proportion to their respective wages ; the shares of the master and crew to be free from ail charges for law expenses or other charges incurred by the owners. �An extra share is asked for the chief engineer, but I see 110 sufficient ground for giving it. �It appears that the owners bave taken assignmenta from some of the crew, who have not yet appeared to make a elaim for their shares. The amounts actuallypaid these men may be eonsidered as paid on aceount of their shares, and re-im- bursed to the owners. The residue of their shares will remain in the registry to await their application for it. The owners -cannot thus extingiiish the claims of seamen. �Decree accordingly. ' ����