Thomas Gilbert Carver and Michael Brett

“ In nearly all cases a large portion goes to the owners, and as in 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 share 'of the owners is usually about three fourths; of the remainder the master usually gets about one-third ”

“ But such a reward is not truly “ salvage.” 4 e Services rendered in the performance of a duty owed do not entitle to salvage. The policy of the law is to stimulate voluntary effort, not to weaken 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 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 ”

“ The award of salvage is generally made in oneisumagainst. ship, freight and cargo; and those interests, contribute to the amount in proportion to the value saved. N0 distinction is made between the degree of service rendered to one interest and another. But, with a possible, exception in the -case of life salvage, there is not a. joint liability of the several interests. Each is liable to the salvors for his own share, and for, n0 more.-The ship cannot be made to pay the cargo's share, nor the cargo the ship's. ”

“ Though it is improbable that privateers williigure 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 orvfrom a mutinous crew; In the case ofroyal ships the present act allows one>eighth salvage, which in cases of “ special difficulty or' danger ” the court niayincrease to 'a> quarter. Tho latter provisidn is an innovation. ”

“ 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 generalvlaw 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. ”

“ Intlsuch a -case, ” therefore, jure gentium restitution cannot be élaimed. 'The municipal law of civilized countries, however, cloe'sf¢not 'encourage subjects- to “fmakef"reprisals upon one another” (the “ Renard, ” Marr. Adm. Dec.'2z2) , *and lawsaare generally foundjas -in England, which 'as between subjeéts of that particular state provide for restitution irrespective of any change in the title to the subject matter which may have occurred. ”