Page:Federal Reporter, 1st Series, Volume 7.djvu/512

 500 FEDERAL REPORTER. �derefl which bas made the final saving more certain 6r easy; but it will not hold good where but futile attempts have been rnade, no matter how strenuous or well-intended they may have been. In that class of cases nothing but constant ex- ertion and continued possession will continue such rights. This line marks the difference between the cases cited on each side and relied upon in this case. �In the longe Bastian, 5 C. Eob. 323, the first salvors hav- ing rendered what was considered valuable service, by float- ing the ship from the rocks, in spite of her subsequent sink- ing, although they did not stay by her, were permitted to share with those who finally saved her. �In the Island City, 1 Black, 121, the sehooner Kensington, although neither perfecting the salvage service nor remain- ing by the vessel, — neither continuing her efforts nor retain- ing 'possession, — shared in the award of salvage beeatise she had'brought the ship into a place of greater comparative safety. On the other hand, in the John Wurtz, Olcott, 462, it did not appear that any beneficiai service had been rendered. by Jones and his associates, notwithstanding their strenuous efforts, and the remarks of the learned judge, regarding the neceseity of possession, can be uriderstood only as applying to such class of cases. The India, 1 W. Eob. 406 ; The Henry Ewbank, 1 Sumn. 417. �The presumption of an intention by the libellants to give up the work and abandon the property, arising from the break- ing of the consortship, is rebutted successfully by the facts of their future actions. They took an interest in the prop- erty, used what diligence they reasonably could in saving some of it, and kept themselves suf&ciently near to be thor- oughly informed that it was being saved as rapidly as possi- ble. Although they did not apply themselves constantly to the labor of saving it, they never gave up an interest in it nor voluntarily abandoned it. They are, I consider, entitled to a portion of the salvage awarded the others; but, as the labor and hardship encountered by the final salvors was great com- pared with the salvage aWarded, although the percentage given was unusually large, a small proportion will remuner- ��� �