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WATTERS, J. Under the evidence before the Court, I am of opinion that the tug Lillie had not entered into any contract for towage service. She was sent down to Dipper ST. CLOUD. Harbor simply to aid and assist the tug Storm King in pulling the ship from off the beach, for which service she was to receive $50. The towing of the ship to St. John, in case she should be got off, was, I think, to be the work of the Storm King alone, which was a large tug and fit for sea service. The term for which both the Storm King and Lillie were jointly engaged was, therefore, on their failure to accomplish the removal of the ship from the beach on the night of their arrival, treated by all parties as ended. The captain of the Storm King says they then gave up the idea of getting the ship off until they could lighten her by having the water pumped out and some of her deckload taken off. The captain of the ship also says, as the ship had not floated with the assistance of the two tugs, I came to the conclusion that the ship could not be got off without the steam pump. For these purposes the Storm King was sent back to St. John for a steam pump and for more men. The Lillie remained with the ship at the request of the master, who said he wanted the Lillie to stay and tend upon the ship, and upon a distinct demand from the captain by the Lillie for $50 a tide. The Storm King then left for St. John and the Lillie remained by the ship. What service did the tug Lillie perform after that for the ship? On the morning of 3rd January she ran out a warp and kedge anchor, and when the tide began to rise she got a line from the ship's quarter. At high water the ship floated and the tug towed her out to where the kedge was anchored. The wind was then blowing fresh from the westward and the kedge would not hold the ship, and the tug had all she could do to hold her. Here the serious trouble with the ship began, as she had no anchors and was filling with water. The master asked the tug to tow the ship on to the mud on the western side, but this the tug was unable to do against the strong wind. The master of the ship says he then called out and asked the tug if he could tow them to St. John; being answered in the affirmative, he ordered the

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tug to go ahead. The tug at this time had the ship by the stern; in going ahead the hawser parted, and the ship was ST. CLOUD. being driven by the force of the wind towards a pile of rocks on the east side of the harbor. The tug then steamed hard and came up on the ship's starboard side, between the ship and the reef, and threw a line to the ship, worked back, and got the ship stopped just as she touched the rocks. Then the line broke; another line was then got out from the ship's bow to the tug, and she then towed the ship clear of the rocks into the middle of the harbor, then the ship took a start towards the other shore when the line parted, and she had got about two-thirds over to the western shore when the wind took her again and started her out of the harbor, the tug again got alongside and got a line from the ship's bows, which was joined to another piece from the tug, making a short hawser not over fifteen fathoms long, and with this the tug towed the ship out of the harbor and up the Bay until she met the tug Storm King coming back, which took hold of the ship and brought her into St. John harbor.

I cannot view this service of the tug Lillie as other than salvage service; at Dipper Harbor the ship, after she was floated off the beach, was powerless without anchors to protect herself, she was filling with water, and was in a harbor where she would ground in any part of it at low water; when she was blown towards the rocks on the eastern side she was only rescued by the extraordinary efforts of the tug, which exposed itself to peril in its efforts to save the ship; the captain of the tug says he had to run sharp to clear the ship from the rocks, and if anything had then happened to his machinery, the tug would have gone on the rocks. It is very clear that this Dipper Harbor was a dangerous place for the ship, and that it was necessary for her preservation that she should be got out of it, but without the aid of the tug this was impossible; the work of getting her out was undertaken by the tug with the only remaining hawser, which was quite too short to tow such a ship with safety, nevertheless she succeeded in towing the ship along the coast of the Bay of Fundy until she delivered her to the tug Storm

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King. Had the Lillie not undertaken this service, the ship would evidently have either been driven ashore again in Dipper Harbor, or been blown out to sea by the strong west- ST. CLOUD. erly wind, which all say was then blowing fresh. All the work done by the Lillie, from the time the ship floated until she was taken in tow by the tug Storm King, I take to be the performance of a service quite beyond the scope of her arrangement made with the captain of the ship, which was to tend upon the ship whilst she would be lying in her first position in Dipper Harbor, or until the additional help sent for by the Storm King would have relieved her from the place on which she had grounded. If her services led to the rescue of the ship, which I believe they did, she should be remunerated as for salvage services.

In salvage cases the estimate of remuneration is governed by the peculiar circumstances of each case: it is not merely payment for work and labor; many things may be taken into consideration - the season of the year, the state of the weather, the degree of damage and danger as to the ship and cargo, the risks and perils of the salvors, and the value of the property. Considering the value of the property, the danger to which it was exposed, and the services rendered by the salvors, I award to the plaintiffs the sum of seven hundred dollars, and costs.

Decree accordingly.

Salvage is defined as the service rendered by persons who rescue a ship or other property from loss or damage by sea perils, and who restore it to the rightful owners. The Thetis, 3 Hag. 14, 48. The term "Salvage" is also used to signify a compensation to be made by the owners of the ship, cargo, or other things, to the persons by whose exertions their property is saved from impending peril,

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or recovered after actual loss.
The ingredients of salvage ser-
vices are, first, enterprise in the
salvors in going out in tempestu-
ous weather to assist a ship in
distress, risking their lives to
save life and property; secondly,
the degree of damage and dis-
tress from which the property is
rescued, whether it were in im-
minent peril and almost certain.
to be lost if it were not at the
time rescued; thirdly, the degree

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of labor and skill undergone and displayed by the salvors; ST. CLOUD. fourthly, the time occupied; fifthly, the respective values of the property salved and risked. When all these concur, a large award will be given; when none, or scarcely any, the compensation can hardly be termed a salvage compensation, but it is little more than remuneration pro opere et labore. Newson's Salvage, etc., p. 1. Salvage is the reward payable for services rendered in saving property lost at sea, or in saving any wreck, or in rescuing a ship or boat, or her cargo, or apparel, or the lives of the persons belonging to her from loss or danger. W. & Bruce (ed. 1886) 114. Salvage, in its simple character, is the service which volunteer adventurers spontaneously render to the owners in the recovery of property from loss or damage at sea, under the responsibility of making restitution, and with a lien for their reward. Maclachlan on Ship. (4th ed.) 642. It is also said in English maritime law to be the reward which is earned by those who have voluntarily saved or assisted in saving a ship or boat, or their apparel, or any part thereof; or the lives of persons at sea; or a ship's cargo, or any part thereof from peril; or a wreck from total loss. If persons are summoned to the aid of a vessel in distress by those on board, a want of suc

cess on their part does not prevent them from being entitled to salvage reward if the vessel is ultimately saved. ultimately saved. Roscoe, Ad. Prac. 9. In the United States it has been held that salvage is compensation for actual service rendered to the property charged with it. Talbot v. Seeman, 1 Cranch. 1; to constitute a valid claim for salvage there must be a marine peril, voluntary service not owed, and a saving of the property or some portion of it. New York Harbor Protection Co. v. The Clara, 23 Wall. 1. See The Neptune, 1 Hag. 236. The efforts of the master and seamen to save their vessel from disaster would not constitute a salvage service, as their duty requires such effort.

All services rendered to ships at sea in danger or distress are salvage services. It is not necessary that the distress should be actual or immediate, or that the danger should be imminent and absolute. It will be a salvage service if, at the time it was rendered, the ship had encountered any danger or misfortune which might possibly expose her to destruction if the services were not rendered. Kay on Ship., vol. 2, 999. Salvage is the compensation allowed to persons by whose assistance a ship or her cargo has been saved, in whole or in part, from impending peril on the sea, or in recovering such property from actual loss, as in

cases of shipwreck, derelicts or recapture. Success is essential to the claim; as, if the property is not saved, or if it perish, or in case of capture if it is not retaken, no compensation can be allowed. More than one set of salvors, however, may contribute to the result, and in such cases all who engaged in the enterprise and materially contributed to the saving of the property are entitled to share in the reward which the law allows for such meritorious service, and in proportion to the nature, duration, risk, and value of the service rendered. Myer's Fed. Dec., vol. 23, p. 828. Salvage is also defined to be a compensation to be made by the shipowner or merchant to other persons, by whose assistance the ship or its lading may be saved from impending peril, or recovered after actual loss. The policy as well as justice of awarding such a compensation is so obvious that it has been in all ages allowed by the codes of all civilized nations. Salvage may be come due upon rescue. The Edward Hawkins, Lush. 515; s. c. 31, L. J. Ad. 46, either from the perils of the sea or from the hands of enemies. 13 & 14 Vict., c. 26; 27 & 28 Vict., c. 25, ss. 40, 41. The property in respect of which salvage is claimed must be salved or saved. Smith's Merc. Law (10th ed.) 389.

Salvage is an allowance

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made for saving a ship or goods, or both, from the dangers of the seas, fire, pirates or enemies; ST. CLOUD. and it is also sometimes used to

signify the thing itself which is saved. Park on Mar. Ins. (5th ed., 1802) 131. It is in the former sense in which it is considered in this note. The justice and propriety of making an allowance for salvage services must be evident to all. Those who rescue life or property from imminent peril, at the risk of their own lives, should be encouraged by liberal rewards. And hence it is that from the time of the Rhodians to the present all maritime states have made regulations respecting rewards for salvage services. By the law of Rhodes, the rate for salvage services in several instances was fixed, sometimes at a fifth, sometimes at a tenth, and at other times at one-half of what was saved. The laws of Oleron, on the other hand, left it to the Courts to award such amount in each case as they should deem fair and reasonable under the circumstances, having a due regard to the risk run, the service performed, and the expense incurred. The law of England has followed the laws of Oleron in declaring that reasonable salvage only shall be allowed. The statute 27 Edward III., c. 13, was passed to suppress the plunder of wrecked vessels, and to limit the exorbitant demands of

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