See also:

• SALVAGE (from Lat. salvus, safe)

SALVAGE (from See also:

• LAT

Lat. salvus, safe)  . There is no See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general See also:

• RULE

rule or principle of See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law which entitles one who saves the See also:

• LIFE

life or See also:

• PROPERTY

property of another to be rewarded by him . But in certain See also:

• SPECIAL

special classes of cases the law does require the appointed courts to See also:

• REWARD

reward those who by their exertions have rescued lives or property from probable damage or destruction . The reward so given is called See also:

• SALVAGE (from Lat. salvus, safe)

salvage and the same word is often used to denote the service rewarded . Apart from the application of the See also:

• TERM

term by See also:

• ANALOGY (Gr. avaXo-yLa, proportion)

analogy to the saving of property from See also:

• FIRE (in O. Eng. f j'r; the word is common to West German languages, cf. Dutch vuur, Ger. Feuer; the pre-Teutonic form is seen in Sanskrit pu, pavaka, and Gr. irup; the ultimate origin is usually taken to be a root meaning to purify, cf. Lat. purus)

fire on See also:

• LAND

land, the recovery of property from destruction by the aid of voluntary payments (as in the See also:

• CASE
• CASE, JOHN (d. 1600)

case of payments to prevent the See also:

• FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture of an See also:

• INSURANCE

insurance policy), or a See also:

• SOLICITOR

solicitor's charges for property recovered by his means, the subject of salvage divides into (1) See also:

• CIVIL

civil salvage, (2) military salvage . I . Civil Salvage in See also:

• ENGLISH

English law is defined as such a service as may become the ground of a reward in the (See also:

• ADMIRALTY, HIGH COURT OF

admiralty) See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court on the civil See also:

• SIDE
• SIDE (mod. Eski Adalia)

side of its See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction, and consists in the preservation of life or property from some of the dangers of the See also:

• SEA (in O. Eng. sae, a common Teutonic word; cf. Ger. See, Dutch Zee, &c.; the ultimate source is uncertain)
• SEA, COMMAND OF THE

sea . The jurisdiction to give it is an admiralty jurisdiction . But the right to reward was recognized in the courts of See also:

• COMMON

common law before the admiralty court became, as it now is, a See also:

• PART

part of the High Court of See also:

• JUSTICE (Lat. justitia)

Justice, e.g. by enforcing a possessory See also:

• LIEN

lien of the salvor over the salved property . The origin of the rule has been traced II 98 to the See also:

• DOCTRINE

doctrine of See also:

• ROMAN

Roman law that " spontaneous services in the See also:

• PROTECTION

protection of lives and property should be rewarded . But that doctrine has not found a See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place in English law except, as part of the maritime law administered in the court of admiralty . Thus services on land, say in rescuing lives or houses or goods from fire, do not entitle the See also:

• PERSON, OFFENCES AGAINST THE

person rendering those services to reward, unless he has acted under some See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract or employment .

But at sea the right to reward springs from the service itself if it has been rendered to a See also:

• SHIP

ship, or her passengers, See also:

• CREW (sometimes explained as a sea term of Scandinavian origin, cf. O. Icel. kris, a swarm or crowd, but now regarded as a shortened form of accrue, accrewe, used in the 16th century in the sense of a reinforcement, O. Fr. acreue, from accrofire, to grow,
• CREW, NATHANIEL CREW, 3RD BARON (1633–1721)

crew or See also:

• CARGO (Span. for " loading," from Lat. carries, car)

cargo, or to 'property which has been thrown or washed out of her . And such a service entitles to salvage • though the ship may be in See also:

• HARBOUR (from M.E. hereberge, here, an army; cf. Ger. Heer and -beorg, protection or shelter. Other early forms in English were herberwe and haiborow, as seen in various place names, such as Market Harborough.. The French auberge, an inn, derived through

harbour, or within a See also:

• RIVER

river, or even in a See also:

• DOCK

dock . This connexion of the lives or property with a ship seems essential . The right does not arise upon saving goods which have got adrift in river or harbour, even if they have been washed out to sea, nor upon saving property of other kinds which may be in peril on the sea or on the seashore . Thus a claim to reward for saving a See also:

• GAS

gas-See also:

• BUOY

buoy or See also:

• BEACON (from the O. Eng. beacn, a sign, cf. " beckon," another form of the same word)

beacon, which had broken from its moorings in the Upper See also:

• HUMBER

Humber, and was aground on the See also:

• LINCOLNSHIRE

Lincolnshire See also:

• COAST (from Lat. costa, a rib, side)

coast, was disallowed by the See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

House of Lords, affirming the court of See also:

• APPEAL

appeal, in the case of the gas-See also:

• FLOAT (in O. Eng. floc and flota, in the verbal form f eotan; the Teutonic root is flut-, another form of flu-, seen in " flow," cf. " fleet "; the root is seen in Gr. a-M e, to sail, Lat. pluere, to rain; the Lat, fluere and fluctus, wave, is not connect

float " Whitton No . 2," 1897, A.C . 337 . The definite right to salvage for saving lives from See also:

• SHIPS

ships is the creation of See also:

• MODERN

modern statutes . Formerly the Admiralty See also:

• JUDGES, THE BOOK OF

judges treated the fact that liyes had been saved as enhancing the merit of a salvage of property by the same salvors, where the two could be connected; and so indirectly gave life salvage . And this is still the position in cases where the See also:

• MERCHANT (O. Fr. marcheant, modern marchand; from Lat. mercari, to trade, merx, goods, merchandise)

Merchant See also:

• SHIPPING

Shipping See also:

• ACT (Lat. actus, actum)

Act of 1894 does not apply . This act (§544) applies to all cases in which the " services are rendered wholly or in part .within See also:

• BRITISH

British See also:

• WATERS, TERRITORIAL

waters in saving life from any British or See also:

• FOREIGN

foreign See also:

• VESSEL (O. Fr. vaissel, from a rare Lat. vascellum, dim. of vas, vase, urn)

vessel, or elsewhere in saving life from any British vessel." Also (§ 545) it can be applied, by See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

Order in See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

Council, to life salvage from ships of any foreign See also:

• COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country whose See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government "is willing that salvage should be awarded by British courts for services rendered in saving life from ships belonging to that country where the ship is beyond the limits of British jurisdiction." By See also:

• SECTION
• SECTION (Lat. sectio, cutting, secare, to cut)

section 544 the life salvage is made payable " by the owner of the vessel, cargo or See also:

• APPAREL (from O. Fr. aparail, aparailler, mod. appareil, from Low Lat. adpariculare, to make fit. or equal)

apparel saved "; and is to be paid in priority to all other claims for salvage . Where the value of the vessel, cargo and apparel saved is insufficient to pay the life salvage, the See also:

• BOARD (O. Eng. bord)

Board of See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF

Trade may in their discretion make up the deficiency, in whole or in part, out of the See also:

• MERCANTILE (or COMMERCIAL) AGENCIES

Mercantile Marine Fund .

The effect of the act is to impose a common responsibility upon the owners of ship and cargo to the extent of their property saved . Whatever is saved becomes a fund out of which life salvors may be rewarded, and to which they are entitled in priority to other salvors . In the case of- the cargo ex "See also:

• SCHILLER, JOHANN CHRISTOPH FRIEDRICH VON (1759-18o5)

Schiller" (1877, 2 P.D . 145) salvage was allowed out of specie raised by See also:

• DIVERS

divers from the sunken See also:

• WRECK

wreck, to persons who had saved some of the passengers and crew . This See also:

• LIMITATION, STATUTES OF

limitation of liability to the amount of the property salved is also true with regard to salvage of property . The See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary remedy of the salvor is against the property itself; by proceedings in rem, to enforce the maritime lien given him by the law upon that property . This enables him to See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest the property, if within the jurisdiction, into whose hands soever it may have come; and, if necessary, to obtain a See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

sale, and See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment of his claim out of the proceeds . The salvor has also a remedy in personam, used only in exceptional cases, against the owners or others interested in the property saved (Five See also:

• STEEL, FLORA ANNIE (1847– )

steel See also:

• BARGES

barges, 15 P.D . 142) ; but it seems certain that that depends upon property having been saved, and having come to the owner's hands; and that the amount which can be awarded is limited by the value of that property . An essential See also:

• CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition is that the lives or property saved must have been in danger—either in immediate peril, or in a position of "difficulty and reasonable See also:

• APPREHENSION (Lat. ad, to; prehendere, to seize)

apprehension." Danger to the salvor is not essential, though it enhances his claim to reward; but to constitute a salvage service there must have been danger to the thing salved . Again, the service must have helped usefully towards saving the lives or property . Ineffectualefforts, however strenuous and meritorious, give rise to ne claim .

But the service need not be completely successful . If it has contributed to an ultimate See also:

• RESCUE (in Middle Eng. rescous, from O. Fr. recousse, Low Lat. rescussa, from reexcussa,reexcutere, to shake off again, re, again, ex, off, quatere, to shake)

rescue it will be rewarded, though that may-have-been accomplished by others . And as we have seen, there must have been ultimate success . Some of the property involved in the See also:

• ADVENTURE (from Lat. res adventura, a thing about to happen)

adventure must have been saved . And the value of that, or the fund realized by its sales, limits the See also:

• TOTAL

total of the awards to all the salvors . Cases, of course, occur in which services at sea are employed by ships in danger: as where a steamer with a broken propeller See also:

• SHAFT
• SHAFT (O. Eng., sceaft, from scafan, to shave; the word is common to Teutonic languages)

shaft employs another steamer to See also:

• TOW

tow her; or where a vessel which has lost her anchors employs another to procure anchors for her from See also:

• SHORE

shore . In such cases the conditions of reward above set out may not apply . Reward may be payable, notwithstanding entire failure of success, by the See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express or implied terms of the employment . But such a reward is not truly " salvage." Services rendered in the performance of a See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty owed do not entitle to salvage . The policy of the law is to stimulate voluntary effort, not to weaken See also:

• OBLIGATION

obligation . Thus the crew cannot (while still the crew) be salvors of the ship or cargo; nor can the passengers, unless they have voluntarily stayed on the ship for the purpose of saving her . Nor can a See also:

• PILOT

pilot employed as such be salvor, unless he has boarded her in such exceptional circumstances that his doing so for pilotage fees could not reasonably be required; or unless the circumstances of the service, entered upon as pilotage, have so changed as to alter its See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character; and it may be doubted whether such a See also:

• CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. «a urmu', to bend)

change of circumstances is a' valid ground for a claim of salvage remuneration by the pilot where he has had no opportunity of leaving the ship .

So again of the owners and crew of a tug employed to tow a ship . They cannot claim salvage for rescuing her from a danger which may arise during the towage, unless circumstances have supervened which were not contemplated, and are such as to require extraordinary aid from the tug, or to expose her to extraordinary See also:

• RISK

risk . See also:

• OFFICERS

Officers and crew of a ship of the royal See also:

• NAVY

navy may have salvage where they have rendered services outside the protection which their ship ought to afford . But by the Merchant Shipping Act 1894, § 557, such a claim must be with consent of the Admiralty; and no claim can be made in respect of the ship herself . The kinds and degrees of service are very various . The rewards given vary correspondingly . Regard is paid, first, to the degree of the danger to the property salved, to its value, and to the effect of the services rendered; next, to the risks run by the salvors, the length and severity of their efforts, the enterprise and skill displayed, and to the value and efficiency of the vessel or apparatus they have used, and the risks to which they have exposed her . In a modern case (the "Glengyle," I898, A.C . 519) a specially large See also:

• AWARD (from O. Fr. ewart, or esguart, cf. " reward ")

award was given to vessels kept constantly ready for salving operations in See also:

• GIBRALTAR

Gibraltar See also:

• BAY

Bay . It was owing to that readiness that the rescue had been possible . On the other See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, any negligent or improper conduct of the salvors will be considered in diminution of the award: as when they have negligently exposed the ship to damage, or have plundered the cargo, or dealt with it contrary to the owner's interests . And where the rescue has been from a danger which was brought about by the negligent or improper conduct of those who effected the rescue, no salvage is allowed .

So that where two colliding ships were both to blame for the collision, the See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

master and crew of one of them were not allowed salvage for services in saving cargo of the other (cargo ex "See also:

• CAPELLA, MARTIANUS MINNEUS FELIX

Capella," L.R . 1 A. and E . 356) . ' In apportioning the total award given fora salvage service among the owners, master and crew of the : vessel by means of which it has been rendered, the special circumstances of each case have to be considered . In nearly all cases a large portion goes to the owners, and as in See also:

• RECENT

recent times the value and efficiency of ships (especially of steamships) have increased, so the proportion of the whole usually awarded to the owners has also increased . In an ordinary case of salvage by a steamship towing a distressed ship into safety, the See also:

• SHARE (O. Eng. scearu, chiefly in compounds, e.g. land-scearu, a share of land, from sceran to cut; cf. " shear" )

share of the owners is usually about three-fourths; of the See also:

• REMAINDER, REVERSION

remainder the master usually gets about one-third, they are specially rewarded . As an See also:

• ILLUSTRATION

illustration take the case of the"Rasche "•(L.R . 4A. and E . 127) . The brigantine " Rasche, See also:

• DERELICT (from Lat. derelinquere, to forsake)

derelict, was fallen in with 'by the ship " See also:

• SCYTHIA (Gr. EKuOia)

Scythia " (carrying a very valuable cargo) 220 M . N. of the See also:

• LIZARD (Lat. lacertal)

Lizard . The See also:

• MATE (a corruption of make, from O. Eng. gemaca, a " comrade ")
• MATE, or PARAGUAY TEA

mate and three. hands of the ' Scythia" were put on board, and in circumstances of much hardship and danger they brought her after eighteen days safely to See also:

• LIVERPOOL
• LIVERPOOL, EARLS
• LIVERPOOL, EARLS OF

Liverpool .

After deducting expenses incurred by the owners of the "Scythia, the value of the property saved was £6294 . See also:

• SIR

Sir R . See also:

• PHILLIMORE, SIR ROBERT JOSEPH (1810-1885)

Phillimore awarded £3290; and of this he gave goo to the mate, £510 to each of the three men who had, accompanied him; L5oo to the owners of the " Scythia "; and £350 to her other officers and crew . An agreement as to the salvage to be paid is sometimes made at the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time the assistance is given . When made fairly the court will act upon it, though it may turn out to'be a See also:

• BAD, BCD

bad bargain for one or other of the parties . But if the facts were not correctly apprehended by one or both, or if the position was one of such difficulty that those salved had no real See also:

• OPTION (Lat. optio, choice, choosing, optare, to choose)

option as to accepting the salvor's terms, the courts will set the agreement aside . This happened, for instance, where the salving ship refused to rescue 550 wrecked pilgrims from the See also:

• PARKIN, GEORGE ROBERT (1846— )

Parkin . See also:

• ROCK
• ROCK (O.Fr. rake, Sp. rota, Ital. rocca; possibly from a Lat. form rupica, from rupes, rock)
• ROCK, DANIEL (1799–187t)

Rock in the Red Sea for a less sum than £4000 . An agreement had in consequence been signed for their See also:

• CONVEYANCE

conveyance for that sum to jedda, tw9 or three days' See also:

• SAIL

sail . The Parkin Rock stands 6 ft. above the` See also:

• WATER

water, end had bad See also:

• WEATHER (O. Eng. weder; the word is common to Teutonic languages; cf. Du. weder, Dan. veir, Icel. ve8r, and Ger. Wetter and Gewitter, storm; the root is wa- to blow, from which is derived " wind ")

weather come on the lives would have been in See also:

• GREAT

great danger . It was held that the sum asked for was exorbitant; and that the agreement, made under See also:

• PRACTICAL

practical ,compulsion, could not stand' (the See also:

• MEDINA
• MEDINA, JOSE TORIBIO (1852- )

Medina," 2 P.D . 5) .

On the other hand, an agreement to tow, for a fixed sum, 'a vessel which had suffered considerable damage, was set aside, and salvage awarded, on the ground that the damaged condition had not been disclosed to the tug'when the contract was made (the " Kingaloch," r Spink, 265) . , The award of salvage is generally made in one sum against ship, See also:

• FREIGHT, (pronounced like " weight "; derived from the Dutch vracht or vrecht, in Fr. fret, the Eng. " fraught " being the same word, and formerly used for the same thing, but now only as an adjective= " laden ")

freight and cargo; and those• interests contribute to the amount in proportion to the value saved . No distinction is made between the degree of service rendered to one See also:

• INTEREST

interest and another . But, with a possible exception in the case of life salvage, there is not a See also:

• JOINT (through Fr. from Lat. junctum, jungere, to join)

joint liability of the several interests . Each is liable to the salvors for his own share, and for no more . The ship cannot be made to pay the cargo's share, nor the cargo the ship's . If, however, the shipowner pays the cargo's share,. he has a lien upon it for the amount . In practice the liabilities fpr salvage are ordinarily adjusted as part of general See also:

• AVERAGE

average . Strictly, however, there is a difference . The liability to pay salvage is a See also:

• DIRECT

direct liability to the salvors, arising at once, e.g. at the See also:

• PORT

port of See also:

• REFUGE

refuge, and proportional to the values there; whereas the liability to contribute to a general average loss or See also:

• EXPENDITURE

expenditure is postponed until the completion or break up of the adventure, and depends upon the values of the interests which have arrived there; which may be very different . (See AVERAGE, INSURANCE, Marine, and also ADMIRALTY, JURISDICTION.) AueuoRITIES.—See also:

• KENNEDY
• KENNEDY, BENJAMIN HALL (1804-1889)
• KENNEDY, THOMAS FRANCIS (1788-1879)
• KENNEDY, WALTER (c. 1460–c. 1508)

Kennedy, On the ,Law of Civil Salvage (See also:

• LONDON

London, 1,907); See also:

• ABBOTT
• ABBOTT, EMMA (1849-1891)
• ABBOTT, JACOB (1803-1879)
• ABBOTT, JOHN STEVENS CABOT (1805-1877)
• ABBOTT, LYMAN (1835- )

Abbott, Law of Merchant Ships and See also:

• SEAMEN, LAWS RELATING TO

Seamen (14th ed., London, 1901); See also:

• CARVER, JOHN (x575?-1621)
• CARVER, JONATHAN (c. 1725-1780)

Carver, See also:

• CARRIAGE

Carriage by Sea (5th ed., London, 1909) . (T .

G . C.) " 2 . Military Salvage is analogous to civil salvage . It is defined as such a service as may become the ground for the demand of a reward in the court as a See also:

• PRIZE, or PRIZE OF WAR (Fr. prise, from prendre, to take)

prize court, and consists in the rescue of property from the enemy in time of See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

war . Such cases almost invariably relate to ships and their cargoes; and they have always been dealt with by courts having Admiralty jurisdiction, sitting as prize courts . They involve the determination of two questions : first, whether the property is to be restored to its See also:

• ORIGINAL

original owner or condemned as prize to the recaptor; and second, what amount pf salvage, if any, is to accompany restitution . Generally speaking, the first question depends upon the law of nations, which may be taken to be that where a ship has been carried by an enemy infra' praesidia, and especially after a See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence of condemnation, the See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title of the original owner is divested, and does not revest upon recapture by third parties . In such a case, therefore, Pure gentium restitution cannot be claimed . The municipal law of civilized countries, however, does 'not encourage subjects to ";makereprisals upon one another " (the " See also:

• RENARD, ALPHONSE FRANCOIS (1842-1903)

Renard," Marr . Adm . See also:

• DEE
• DEE (Welsh, Dyfrdwy;, Lat.., and in Milton, Deva)

Dee.' 222),'and See also:

• LAWS

laws' are generally found,'asin See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England, which as between subjects of that particular See also:

• STATE
• STATE, GREAT OFFICERS OF

state provide for restitution irrespective of any change in the title to the subject See also:

• MATTER

matter which may have occurred . But (speaking henceforth of England) in cases which do' not fall strictly within these acts the old maritime law, which was in unison' with the general law of nations, is applied by the courts, Moreover, the English' Prize Acts do not apply to foreign owners of recaptured prizes, and therefore no award can be made against them unless in accordance with the law ' of nations .

In practice the courts have acted upon the rule of See also:

• RECIPROCITY (Lat. reciprocus, returning back the same way, alternating, probably from re back and pro forward)

reciprocity" where recaptures have been made of the property of formal See also:

• ALLIES, THOMAS WILLIAM (1813-1903)

allies; dealing with them ' as the allied state would have `dealt with English property . In the case of neutral recaptures restitution is always ordered . , An exception to the rule of restitution as between British subjects is made in the case of a British ship Which 'has been " set forth as a ship of war " by the captor, and subsequently retaken by a British ship . Such a ship is not liable to restoration, but is the prize of the recaptor . This exception, the See also:

• OBJECT

object of which is to encourage the See also:

• CAPTURE (from Lat. capere, to take; Fr. prise maritime; Ger. Wegnahme)

capture of armed ships, See also:

• DATES

dates from 1793, previous acts having provided for restitution upon payment of a moiety as salvage . The condition of setting forth as' a ship of war is satisfied, where under afair semblance of authority, which is not disproved, the ship " has been used in' the operations of war, and constituted a part of the See also:

• NAVAL

naval force of the enemy "(the" See also:

• CEYLON

Ceylon," r Dod . 105) . Such a user permanently obliterates the ship's original character, and extinguishes all future claims to restitution (" L'Actif," Edw . 185) . As to the right to salvage and the amount whichwill he allowed; this is also a question of the See also:

• JUS

jus gentium, though usually governed by municipal law . The right was recognized so See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long ago as the I1th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century, when the " Consolata del See also:

• MARE

Mare" (see CONSULATE of THE SEA) laid down elaborate provisions on the subject . In England the first statutory recognition of the right occurs in 1648, when an act of the See also:

• COMMONWEALTH

Commonwealth, which in its outline has been the See also:

• MODEL (0. Fr. modelle, mod. modele; It. modello, pattern, mould; from Lat. modus, measure, standard)

model for all subsequent Prize Acts, provides that British vessels captured by an enemy and retaken by British ships shall be restored upon payment of one-eighth of the value of the property in lieu of salvage, or one-See also:

• HALF

half in the case of a prize " set forth as a ship of war." From that date until t864 the date of the act now in force, there have been thirteen Prize Acts dealing with recapture, each of which, except that of 1864, has been passed to meet a particular occasion, and has expired with the cessation of the then existing hostilities .

Since the first act, and down to the act of 1805 inclusive, a distinction has always been See also:

• DRAWN

drawn between a recapture effected by one of the royal ships of war and a recapture by a See also:

• PRIVATEER

privateer or other vessel . In the former case the See also:

• ALLOWANCE (from "allow,' derived through 0. Fr. alouer from the two Lat. origins adlaudare, to praise, and allocare, to assign a place; so that the English word combined the general idea of "assigning with approval")

allowance has always been one-eighth, in the latter it varied, but was usually one-See also:

• SIXTH

sixth . In the act of 1692 a clause taken from a Dutch law gave salvage to a privateer, rising in amount from one-eighth to one-half according to 'the number of See also:

• HOURS, CANONICAL

hours the prize had been in the enemy's See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession, but this clause has disappeared since 1756 . There is no See also:

• PROVISION (Lat. provisio)

provision in the See also:

• PRESENT

present act for the payment of salvage, except in case of re-capture by one of His See also:

• MAJESTY (Fr. majeste; Lat. majestas, grandeur, greatness, from the base mag-, as in magnus, great, major, greater, &c.)

Majesty's ships, but it seems beyond question' that' recaptors are entitled at law to salvage, although they may hold no See also:

• COMMISSION (from Lat. commissio, committere)

commission from the See also:

• CROWN

crown . " It is the duty of every subject of the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king to assist his See also:

• FELLOW

fellow-subjects in war; and to retake their property in the possession of the enemy: no commission is necessary to give a person so employed a title to the reward which the policy of the law allots to that meritorious act of duty " (the "See also:

• HELEN

Helen," 3 C . Rob . 226, per Sir W . See also:

• SCOTT, ALEXANDER (fl. 1550)
• SCOTT, DAVID (18o6-1849)
• SCOTT, MICHAEL (1789-1835)
• SCOTT, ROBERT (1811-1887)
• SCOTT, SIR GEORGE GILBERT (1811-1878)
• SCOTT, SIR WALTER, BART
• SCOTT, WILLIAM BELL (1811-1890)
• SCOTT, WINFIELD (1786-1866)

Scott) . Though it is improbable that privateers will figure in any future war, it may reasonably be anticipated that recaptures may be made by private vessels, and in such cases salvage would probably be awarded, the proportion lying in the discretion of the court . Similarly, salvage is awarded in the case of" recapture from pirates or from a mutinouscrew . In the case of royal ships the present act allows one-eighth salvage, which in cases of " special difficulty or' danger " the court may increase to a See also:

• QUARTER (through Fr. from Lat. quartarius, fourth part)

quarter . The latter provision is an innovation .

and the officers and crew See also:

• DIVIDE

divide the See also:

• REST (O. Eng. rest, reste, bed, cognate with other Teutonic forms, e.g. Ger. Rast, Riiste, rest, and probably Gothic Rasta, league, i.e. resting or stopping place)

rest in proportion to `their ratings . But where the salving ship has sustained special damage in the service, or her owners have been put to loss by it, that is taken into See also:

• ACCOUNT
• ACCOUNT (through O. Fr. acont, Late Lat. comptum, cornputare, to calculate)

account . On the other hand, where special See also:

• PERSONAL

personal services have been rendered by members of the crew It may appear that the See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant of salvage to ships of war, the duty of whose commanders it is, according to the naval instructions, " if possible, to rescue any British vessel which he may find attacked or captured by the enemy, " needs some See also:

• JUSTIFICATION

justification . Objections on this ground have never been seriously treated, it being urged that it is politic to encourage the under-taking of such enterprises, even where they coincide with the path of duty . Where, however, a transport was rescued from under the guns of an enemy by a ship of war, under whose See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge she sailed, salvage was refused on the ground that the salvor was only doing what he was See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to do (the " Belle, " Edw . 66) . So no salvage is due to a crew who rescue a ship from mutineers, this being only their duty under a subsisting contract (the " See also:

• GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

Governor See also:

• RAFFLES, SIR THOMAS STAMFORD (1781-1826)

Raffles," 2 Dod . 14) . On the other hand, a crew who rescue their ship from the prize crew of a belligerent are entitled to salvage, since the capture discharges them from their contract with the owner, and they act as See also:

• VOLUNTEERS

volunteers (the " Two See also:

• FRIENDS, SOCIETY
• FRIENDS, SOCIETY OF

Friends," 1 C . Rob . 271) . In the case of a neutral captured by one belligerent and recaptured by the other, which has been already alluded to, no salvage is as a rule allowed, upon the supposition that if the vessel had been carried into the port of the enemy justice would have been done and the vessel restored .

In the case of the See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French war at the opening of the 19th century no such supposition existed, and salvage was usually awarded on the recapture of neutral property from the French . (M .