The Standard Library Cyclopaedia of Political, Constitutional, Statistical and Forensic Knowledge; Forming a Work of Universal Reference on Subjects O (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: ... weather to assist a vessel in distress, risking their own lives to save their fellowcreatures, and to rescue the property of their fellow-subjects; 2nd, the degree of danger and distress from which the property is rescued, whether it was in imminent peril, and almost certainly lost if not at the time rescued and preserved; 3rd, the degree of labour and skill which the salvors incur and display, and the time occupied; lastly, the value." Unless in cases where the services have been trifling, the salvage is generally not less than a third, and not more than one-half of the property saved. If the parties cannot agree as to the amount, the salvors may retain the property until compensation is made; or they may bring an action, or commence a suit in the Admiralty Court, against the proprietors for the amount. In case the property is retained, the proprietors may, upon tender of what they think sufficient, demand it, and, if it is refused, bring an action to recover it, in which action the jury will determine as to the amount due. The costs of the action will be paid by the salvor or the proprietors, according as the amount tendered is or is not determined to be sufficient. The Court of Admiralty has jurisdiction in those cases only where the salvage has been effected at sea, or within high and low water mark. A passenger is not entitled to salvage for his assistance during the time he is unable to quit the ship. But if he remain voluntarily on board, he may recover salvage for the assistance which he has given. Though a king's ship is bound to assist a merchant-ship in distress, it still has a claim for recompense. If freight is in progress of being earned, and afterwards does become due. salvage is payable in respect of freight also. When...