Page:Federal Reporter, 1st Series, Volume 7.djvu/509

 THE TOLOMBO. 497 �across the sea. They deal on terms of equality, and neither needs protection from the other. In this case, moreover, the libellant had on several previous occasions accepted similar bills of lading, and only by great inattention could he, or those to whom he entrasted his business, haye failed to notice the limitation clause now resisted. It does not appear, therefore, that the limitation -was an unexpected, unusual, or novel one. On the contrary, it is such an one as, it seems to me, the shipper might reasonably have expected the bill of lading to contain ; and, however hardly it may resuit against the shipper, I cannot see that with regard to a deck load, and looking to the general rules of maritime law with regard to deck lading, it can be said to be against public p^olicy. �Being of opinion, therefore, that by the exception in the bni of lading the ship-owner is exempted from contribution for the cattle jettisoned, I dismiss the libel. ���Thb Tolomeo. �{District Court, S. D. Florida. May, 1881.) �1. Rivai. Saivoes. �When valuable service has been performed, which renders the final saving of property more certain or easy, continued exertion is not necessary to entitle the original salvors to a portion of the salvage awarded. �Libel in Admiralty. �G. Browne Patterson, for libellants. �L. W. Bethel and J. B. Browne, for respondents. �Locke, D. J. The bark Tolomeo was discovered aground on a point of the Florida reef, near Tortugas, and boarded by the libellants' crews of four smacks, who found her aban- doned and on fire, burning fore and aft, the cabin and much of the deck having been burned and fallen in. Having nothing but a few ordinary buckets, they could do nothing towards putting out the fiames, but carried out an anchor to prevent the vessel drifting off, eut away the rigging of the �v.7,no.4— 32 ��� �