Interesting Case in U. S. Court:
Award of Tls. 1,500 to S*hai Tug- & Lighter Ca.
Judgement was delivered in the Court on Saturday last, by his Honour Judge Lobingier in the claims by the Shanghai Tug Lighter Ca., for salvage of the barque Chin Pu. The syllabus of the ease as defined by the learned judge is interesting. It says:
1. Balvage Compensation.—There is no fixed rate of compensation for salvage; circumstances to be considered in determining same enumerated.
2. Award.—Of Tls. 1,500 for satving a ship which sold for Mex. 25,500 considered reasonable where she would otherwise have been a total loss and the time consumed was nearly three days, though the other circumstances were not extraordinary.
Mr. S. Fessenden appeared for the S. T. & L. Ca. and Mr. R. fF. Bryan for the defence.
Judge Lobingier delivered judgements as follows This is a libel in admiralty jor salvage. It is admitted that there was "salvage of low order" and the sole question is the amount of the award. The _libellant's manager testifies that there ly no usual percentage in such eases and in this he is supported by the books. Under the ancient Rhodian sea law, indeed, salvors are said to have received from a tenth. to a half according to conditions. But salvage then was considered more in the nature of prize while now it is treated as compensation.
The Supreme Court, more than half a century ago, enumerated the following as the main ingredients in determining the amount of the reward for salvage:—(1) The labour expended by the salvers in rendering the salvage service, (2) The promptitude, skill, and energy displayed in rendering the service and i y. (3) The value of the property employed by the salvors in yendering the service, and the danger to which such property was exposed. (4) The risk incurred by the salvors in securing the property from the impending peril. (5) The value of the pi perty saved. {6) The degree of danger from which the property was rescued."* In the case at bar neither the labour expended nor the skill displayed by the salvor are claimed to have been extraordinary. The salvaged vessel, the Chin Pu, was anchored about six miles north of Gutzlaff and more than two thirds of the time was consumed in locating her. There was some difficulty, because of heavy sea, in passing the tow_ line, but once this was effected the Chin Pu was towed to Woosung within 12 hours. The value of the rescuing launch, the Victoria, is placed by libellant's manager at Tls. 170,000 to 185,00 but there were no rocks at the place of anchorage and, the captain states, no danger of loss of life or of wreck of the Victoria though he thinks the Chin Pu would have been a total wreck had she not been rescued. She was sold, after much effort,- for Mex. $25,500.
Awards of five and three and even a lesser percentage of the value of the salvaged craft have been allowed in cases not unlike this, in the Admiralty courts of the United States.
Allowing for the time consumed, the other circumstances not being extraordinary, we are of the opinion that award of Tls. 1,500 would be about the proper sum and it is accordingly decreed to the libel-lant to be paid out of proceeds now in the Marshal's hands, from the sale.
Text read from the printed page and cleaned; old type leaves the occasional error.