If the first set entirely abandon the property, and cease their efforts to save it, and a second and independent set of salvors then take hold, the first set have no right to return and claim priority, and, indeed, have no right to interfere with the second set, without necessity. But if the first set, before they left the ship or goods, had materially benefited the same, and made it easier or more practicable to save it, their claims would then, undoubtedly, be allowed to a proper extent.2 If, however, the first set have, by their carelessness, injured the property, they are not entitled to salvage; but if the second set have rendered efficient service, and are in no way connected with the damage done by the first, they are entitled to salvage, although they sue in the same cause.3

.

The second salvors cannot lawfully, under any circumstances, make it a condition of their rendering assistance, that the first salvors shall abandon their claims to salvage, and any such bargain will be disregarded.4

If any persons intrude themselves upon salvors, unnecessarily, and without any sufficient reason, all the services they perform, are held to enure to the benefit of the original salvors.5

SECTION IV.

WHAT AMOUNTS TO A SALVAGE SERVICE.

If the peril encountered be something distinctly beyond ordinary danger, something which exposes the property to destruction unless extraordinary assistance be rendered, it is enough to found a claim for salvage. But if the master can, by a proper use of the means he possesses, save the property, the law

1 The India, 1 W. Rob. 406.

2 See The Jonge Bastiaan, 5 Rob. Adm. 322; Cowell v. The Brothers, Bee, Adm. 136; The Samuel, 4 Eng. L. & Eq. 581.

8 The Neptune, 1 W. Rob. 297.

4 The Ship Henry Ewbank, 1 Sumner, 400, per Story, J.

5 The Blenden Hall, 1 Dods. 414; The Fleece, 3 W. Rob. 278; The Mary, 2 Wheat. 123; The Brig John Gilpin, Olcott, Adm. 77.

presumes that he will, and that the salvors' interference was unnecessary. But even if the master could save the ship, the salvors may show that he would not have done so. So, if the salvors could have prevented the wreck by timely assistance, but purposely delayed this, they cannot be rewarded as salvors. If the assistance of the salvors is requested by, and rendered to the persons in charge of another vessel, they cannot plead that they are not bound to pay for the services rendered, on the ground that the vessel would have been saved if left in her former position; and it is not necessary "that the distress should be actual or immediate, or that the danger should be imminent and absolute; it will be sufficient if, at the time the assistance is rendered, the ship has encountered any damage or misfortune which might possibly expose her to destruction if the services were not rendered." 3

That the property must be actually saved, and saved by those claiming to be salvors, in order to lay the foundation for salvage claims in admiralty, is quite certain. But this general rule should, we think, be qualified by saying that 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, compensation will be awarded to him, although the vessel is mainly preserved by other means.5

1 Hand v. The Elvira, Gilpin, 60, 67.

2 Stevens v. The S. W. Downs, 1 Newb. Adm. 458.

8 The Charlotte, 3 W. Rob. 68, 71.

* Clarke v. Brig Dodge Healy, 4 Wash. C. C. 651; The Henry Ewbank, 1 Sumner, 400, 416; Montgomery v. The T. P. Leathers, 1 Newb. Adm. 421, 428; Emerson v. Proceeds of The Bark Pandora, 1 Newb. Adm. 438.

5 Thus in McGinnis v. The Steamboat Pontiac, 1 Newb. Adm. 130, 5 McLean, 359, a person was requested to take charge of a boat which was in the ice in a position of great danger. He did so, and did all that could be done under the circumstances, and it was held, although the boat was saved by the peculiar manner in which the ice broke up, that he was entitled to salvage. In The Ranger, 9 Jurist, 119, a vessel negligently got upon the sands. Another vessel saw her, and at much risk crossed a shoal part of the sands and hastened to her assistance, but before she arrived, the first vessel got off. The court held that as no actual salvage service was rendered, the vessel could not claim salvage, but as she was induced to go to the assistance of the one on shore to assist her when she was in danger, and as the danger was occasioned by negligence, the vessel was entitled to the expenses she had incurred. In the case of The Albion, 3 Hagg. Adm. 254, where a vessel attempted to assist another in towing a wreck, but could not render any assistance, Sir John Nicholl said: "She is entitled to some remuneration: she has the merit of going to assist—she showed a willingness,

If the vessel be fraudulently imperilled by the master, this does not defeat the claim of the salvors, unless they were parties to the fraud, or were cognizant of it while it was going on, and did not interfere to prevent it as far as they could, or endeavored to conceal the master's misconduct and screen him from detection.1

As it is equally a salvage service, and within admiralty jurisdiction, whether the service be rendered at sea, or when the vessel is wrecked on the coast,2 and whether it be performed by seamen or by landsmen;3 so, in the case, when the salvors neglected their growing crops of cotton, in order to save the property, this fact was considered in awarding salvage. But one whose vessel had been lost while conveying the things saved to another place of delivery, is entitled only to freight, not to salvage.5

6

On the other hand, when a barge was brought in which was found without anchor or crew, salvage was denied, because it was shown to be usual to leave barges there in that condition, and generally mere land service in unlading a shipwrecked vessel and superintending those unlading her, is not a salvage service. If a vessel at sea is short-handed by reason of sickness, and is navigated into port by part of the crew of another vessel, this is to be treated as a salvage service.8 But when salvors found a ship derelict and went on board, and in their haste forgot to take with them a log glass, a watch, and a chart, it was held that the officer of a king's vessel, who was afterwards requested to supply these articles, and payment offered, was not

and her offer of assistance was accepted; but it is clear that she impeded the progress of the service." And £100 was allowed, the value being £4,600. See also, The E. U., 1 Spinks, Adm. 63; The Santipore, id. 231.

1 Brevoor v. The Fair American, 1 Pet. Adm. 87, 95.

2 Stephens v. Bales of Cotton, Bee, 170; The Jonge Bastiaan, 5 Rob. Adm. 322.

8 Stephens v. Bales of Cotton, Bee, 170.

Stephens v. Bales of Cotton, Bee, 170.

5 Stephens v. Bales of Cotton, Bee, 170.

6 The Upnor, 2 Hagg. Adm. 3.

7 The Watt, 2 W. Rob. 70. See cases cited ante, p. 606, notes 1 and 2.

8 Williamson v. Brig Alphonso, 1 Curtis, C. C. 376; The Active, 1 Eng. L. & Eq. 644; The Roe, 1 Swabey, Adm. 84; Sturtevant v. The Geo. Nicholaus, 1 Newb. Adm. 449. In The Janet Mitchell, 1 Swabey, Adm. 111, a vessel was met with in distress, her captain having been drowned, and some one was required to manage her. The mate of the vessel volunteered his services, and the vessels reached their ports in safety. Salvage was allowed to the owners, master, and rest of the crew.

entitled to dispossess the first salvors, on the ground that they could not bring the vessel safely to port without his assistance.1

But it is said that a salvage service can only be founded in the rescuing of a ship and cargo from some impending danger or distress.2 It would, therefore, seem that if part of the crew were captured, and subsequently recaptured and restored to their vessel, the only claim of the recaptors would be on the ground of supplying the deficiency in the number of the crew occasioned by the capture.3

Compensation has been granted for keeping near a vessel in distress, at the earnest request of her master and crew, although but little aid was rendered. If a vessel is stranded near her port of destination, and it becomes necessary to transship the cargo, this is a salvage service. So, if a vessel in distress is boarded at some risk by a fishing smack, and an order for a steamer taken, compensation as salvage is allowed. And generally the court may give compensation, in the nature of salvage, for services which fall below those necessary to found a strict salvage claim.

In a case where some shipwrecked mariners were taken from a ship which had rescued them, and they brought with them a bag of gold, which was taken on board the vessel, it was held that, although this last vessel was not entitled to claim salvage, the persons and property being in no danger at the time, yet that a compensation was due beyond mere freight money. And salvage has been awarded for rescuing a raft of timber which was floating out to sea,9

1 The Blenden Hall, 1 Dods. Adm. 414, 419.

2 The Mary, 1 W. Rob. 448, 457.

3 The Mary, 1 W. Rob. 448. The master and part of the crew in this case had been taken by pirates, and the vessel at the time she was discovered by the alleged salvors was in the offing with a signal of distress flying. They went out to her and brought her safely in, and afterwards joined in an expedition against the pirates. The master and crew were ransomed, and then the pirates attacked. The court held that salvage was only due for conducting the vessel into harbor.

4 Allen v. Ship Canada, Bee, 90.

5 The Westminster, 1 W. Rob. 229.

The Ocean, 2 W. Rob. 91. The value of the ship, cargo, and freight was £10,500, and £40 were allowed.

George v. Ship Arctic, Bee, 232.

8 Williams v. Box of Bullion, U. S. D. C., Mass., 6 Law Reporter, 363.

9 A Raft of Spars, Abbott, Adm. 485.

As a general rule, when two vessels come into collision, they are bound to render assistance to each other if necessary; and one aiding the other cannot generally, claim salvage, although the one assisted was the cause of the accident.1

SECTION V.

OF DERELICT.

As to what is "derelict" there is no certain and accepted definition; and perhaps none better than a vessel which is abandoned and deserted by her crew without any purpose on their part of returning to the ship, or any hope of saving or recovering it by their own exertions.2 If so abandoned, the ship is derelict, although the vessel is afterwards saved by the crew who left her, they having unexpectedly received assistance.3

If the ship be only temporarily left, with the distinct purpose. of return, it is not abandoned, and therefore not derelict. And

1 The Sappho, 1 Swabey, Adm. 242. A small amount of salvage was, however, allowed in this case, though the general rule was said to be that which we have stated in the text.

2 The Aquila, 1 Rob. Adm. 37; The Amethyst, Daveis, 20; Rowe v. Brig

1 Mason, 372; The Elizabeth and Jane, Ware, 35; The Caroline, 2 W. Rob. 124; The Charlotta, 2 Hagg. Adın. 361; The Effort, 3 Hagg. Adm. 165; The Winsor Castle, 2 Notes of Cases, Supp. liii.; Mason v. Ship Blaireau, 2 Cranch, 240; The Watt, 2 W. Rob. 70; The Clarisse, 1 Swabey, Adm. 129. In The Minerva, 1 Spinks, Adm. 271, a vessel was stranded on the coast, and the crew in endeavoring to escape, were all drowned. The vessel was afterwards saved, and the court held that it was a case of derelict.

8 The Boston, 1 Sumner, 328. The vessel in this case was run into at sea. The master and crew, supposing she was about to founder, took to their boats, and afterwards met another vessel, by whose aid the next day their own vessel was brought into port. Held to be a case of derelict. See also, The Florence, 20 Eng. L. & Eq. 607.

* There can be no doubt of the general principle that the master and crew may leave a vessel, and she cannot be considered as a derelict, if they had the intention of returning. Thus, if a vessel is left at anchor in the stream without any one on board, the master and crew having left with the intention of returning, this of course would not be a derelict. See The Upnor, 2 Hagg. Adm. 3. See also, The Bee, Ware, 332; Tyson v. Prior, 1 Gallis. 133. In Clarke v. Brig Dodge Healy, 4 Wash. C. C. 651, it was held that where a vessel imbedded in the ice was drifting towards a shoal, upon which, if she had struck, she would have probably gone to pieces, and the crew left her on