Page:Federal Reporter, 1st Series, Volume 9.djvu/935

 920 FEDERAL REPORTER. �different. She did bring up against the shed without touching the schooner. The latter foundered in the attempt to extricate herself from a position of imminent danger. That attempt she had already entered upon, and the resuit would have been the same if additional fasts, suiScient to secure the ship, had been put out, and her vfurther drifting thereby arrested, just as it was a very short time afterwards by the coming in contact with the sheds. �The negligence, if any, to be imputed to the Austria, is negligence in the original moorings, and of this, for the reasons assigned, I do net find her guilty. �Libel dismissed. ���The B. g. Terry. {District Court, 8, D. Qeorgia. December 14, 1881.) �1. Debelict — Salvage Compensation. �Salvors in derelict cases are entitled to adequate compensation, according to the circumstances of each case. A. rule of fixed pWportions no longer obtains. �2. Same. �When the offlcers and crew of a burning vessel leave.it, without any inten- tion of returning to resume possession, or hope of sa ring it, it is a case of derelict in the sense of the maritime law ; or, if not in the exact and technical meaning of the term, a case of derelict, a case of quam derelict, equally meri- torious, though the vessel at the time is in a navigable river, and the master, mate, and some of the crew return to it one or more times before the tire is sub- dued. �In Admiralty. �Mr. Levy and Mr. Ahrams, for libellants and intervenor. �Mr. Mercer, for respondents. �Eeskine, D. J. On the nineteenth of last April, H. J. Dickerson and others, as owners of the steam-tugs Forest City and Benjamin Bramell, filed a libel in this court, and upon certain alleged grounds therein prayed a decree for salvage against the schooner B. C. Terry and cargo, which cargo consisted of crude sulphur and empty barrels ; and on the twenty-seventh of the same month the American Dredg- ing Company lodged an intervention against the same property, and likewise asked for a decree of salvage. The schooner bas been sold and the proceeds deposited in the registry. At the opening of the cause it was agreed that the value of the schooner, or rather her pro- ceeds, should be put at $2,500; the crude sulphur at $5,750; and ��� �