Page:The American Cyclopædia (1879) Volume XIV.djvu/611

 SALVAGE SALVINI 587 misfortune which might possibly expose her to destruction if the services were not ren- dered. That the property must be actually saved, and saved by those claiming to be sal- vors, in order to lay the foundation for salvage claims in admiralty, is quite certain ; but if the party encounters the danger, and does all he can to save the vessel, and his services tend in some degree to preserve the vessel, compensa- tion will be awarded to him, although the ves- sel is mainly preserved by other means. It is equally a salvage service, whether the ser- vice be rendered at sea or where the vessel is wrecked on the coast, and whether it be per- formed by seamen or landsmen. If a vessel at sea is short-handed by reason of sickness, and is navigated into port by a part of the crew of another vessel, that is to be treated as a salvage service. So compensation has been granted for keeping near a vessel in dis- tress at the earnest request of her master and crew, although but little aid was rendered. Salvage is generally decreed on all the proper- ty saved, whether ship, cargo, or freight. It is allowed on public property, and all goods of the government pay the same rate as if they were owned by individuals. The general rule is that our courts have jurisdiction over all property, to whomsoever it belongs, which comes within their territorial jurisdiction ; but vessels of war belonging to a foreign neutral power cannot be arrested in our ports into which they have lawfully come, and the same is true of a private armed vessel sailing under a commission from a foreign government. The private property of a foreign sovereign, or the prize property which a vessel of war brings into our ports, comes within the general rule, and not within the exception. If assistance is rendered to a vessel under circumstances which would generally constitute it a salvage service, it may yet not be such ; as where the service is rendered under a custom to give assistance gratuitously in similar instances, or where the aid is given under a special contract. If two vessels sail as consorts and under an agreement to assist each other, neither can claim salvage for assistance rendered to the other. Even when vessels sailing together are not consorts, nor owned by the same party, it is possible that there may be a usage of mutual help which would defeat a claim of salvage. Thus it is said that if a steamer be stranded on a sand bank in the Mississippi, and another steamer draws her off, usage prohibits any salvage com- pensation. But a custom of one port that ves- sels shall assist each other gratuitously is not binding on vessels of other ports rendering as- sistance to vessels of the port where the cus- tom exists. If, at the time of the service, the salvors make a bargain with the owners of the property in peril, or their servants, as to the amount of salvage, this is enforced by the court against the owners only so far as it seems equi- table and conformable to the merits of the case. Any gross misconduct on the part of the salvors, and especially any embezzlement of the property saved, forfeits their whole claim. The responsibility of the salvors, respecting the preservation and protection of the property, continues as long as the property is subject to the decree of the court. Salvors in possession have a qualified property in the thing saved, whether ship or cargo, or both, and they can- not be divested of this interest until it is taken from them by adjudication. Yet it is not ne- cessary that they should remain in actual pos- session, in order to maintain their rights or preserve their qualified property; nor should they do so to the detriment of the property or the inconvenience of the master and crew. Military salvage is that which is earned by res- cuing vessels or cargoes from pirates or the public enemy. In cases of recapture, it fol- lows as an incident of prize. The amount of salvage is fixed by statute for most of these cases, and when not so determined must be governed by the general principles of law. SALVANDY, Nareisse Aehille de, count, a French author, born at Condom, June 11, 1795, died in Normandy, Dec. 15, 1856. He enlisted in the imperial guard in 1813, was wounded at the battle of Brienne, and rose to the rank of adjutant major. In 1819-'21 he was master of requests. In 1824 he became connected with the Journal des Debats, and assisted Chateau- briand in combating the ultra royalists. In 1835 he was admitted to the academy. He was minister of public instruction in 1837-'9, and again in 1845. In 1843 he was made count and ambassador to Turin. After the coup d^eiat of Dec. 2, 1851, he withdrew to private life. He published Alonzo, ou VEspagne (4 vols., Paris, 1823-'4) ; Islaor, ou le Barde cJire- tien (1824); and Histoire de Pologne avant et sous le roi Jean SobiesM (3 vols., 1827-'9). SALVATOR ROSA. See ROSA. SALVI, Giambattista. See SASSOFEEEATO. SILVIA. See SAGE. SALYIM, Tommaso, an Italian actor, born in Milan, Jan. 1, 1833. At the age of 14 he be- came a pupil of the actor Gustavo Modena, made his first appearance a year later at the royal theatre in Naples, and subsequently ac- companied Ristori in a theatrical tour through Italy. In 1849 he served as a volunteer under Avezzana, and afterward went to Paris, where he appeared in the characters of Orosmane in Zaire, Oreste, Saul, and Othello. On his return to Italy, Giacometti wrote for him the drama La morte civile. In 1865 he took part in the celebration at Florence of Dante's 600th birthday, reciting portions of the Ditina Com' media. After another tour through Italy, he played in the chief cities of Spain and Portu- gal, and in April, 1871, went to South Ameri- ca, filling engagements in Montevideo, Buenos Ayres, and Rio de Janeiro, whence he re- turned to Italy. In 1878 he came to the United States, making his first appearance Sept. 16, as Othello, in the academy of music in New York, and gave 128 representations, including