rescue a ship from a situation of danger, but are obliged by perils of the sea or the inadequacy of their power to abandon her, and another set afterwards find her, whether in a new danger or not, and bring her to a place of safety, each set contributes to the saving and is entitled to participate in the compensation. The E. U. Magdalen.

1007. As the consideration is sometimes for compound services, persons who are not entitled to recompense for one portion of that compound may be entitled to a modified compensation for another portion of it. He who has incurred no expense is obviously not entitled to compensation for expense, though he may be for his skill, peril, and labour. He who is otherwise compensated for or is bound in duty to render, his skill and labour, may be entitled to compensation for expenses which he may have incurred. He who was bound in duty, in respect of wages or otherwise, to render ordinary assistance, might be entitled to a reward for extraordinary aid or for incurring uncontemplated peril beyond the scope of his employment.

1008. Although a public ship is not entitled to salvageremuneration for services rendered to a private vessel of her own nation, her officers and her crew are not under a duty to render their services gratuitously; their ordinary compensation is slender enough for their ordinary services, and, although bound to assist a ship in distress, they are entitled to a just compensation for their assistance. (Abbott, 562. Earl Eglinton. Rosalie.) And on the same principle the officers and crew of a coastguard vessel are entitled to a like reward. Silver Bullion.

1009. The owner of shipwrecked property is liable to pay, in respect of services rendered by officers or men of the coastguard service in watching or protecting the property, unless it can be shown that he or his agents declined such services when tendered, or that salvage has been claimed or awarded for such services. The remuneration is to be fixed by the Board of Trade, restricted within certain limits,

and is to be recovered, received, and applied as fees received by receivers under the Merchant Shipping Act. 2 M. S. A. 20.

1010. A neutral, who has purchased from one belligerent at sea, a ship captured from the adversary, with intent of restoring her, is entitled, if the owner adopt the transaction, to a salvage remuneration in addition to the amount which he has paid for the ship.

1011. A recaptor of a ship from the enemy is entitled to civil salvage for services which he may have rendered in preserving her from the perils of the ocean, in addition to his military salvage for the rescue from the foe. Whea. 456. Louisa.

1012. WHO NOT ENTITLED.-Persons who are under a duty to render the service which saves or aids in saving, are not entitled to salvage; therefore, the following descriptions of persons are not entitled to salvage, or to participate in the amount allowed to the class of persons with whom they have acted.

1013. The owner of a share of a ship saved by a vessel of which he is part owner is not entitled to salvage, on account of the service of his salvor-vessel, for she is engaged in saving his own property; but he is entitled to the benefit which accrues from deducting the share which he would otherwise have received from the amount to be paid by the vessel saved; for his helpmates are not entitled to the reward of his vessel. Caroline.

1014. The master, officers, and crew of a vessel are not entitled to salvage for their successful exertions in rescuing her from destruction, or even from mutineers, for it is a part of their duty. But if, after a vessel has been stranded, the crew are lawfully discharged, by the owner or by the master, acting in good faith, where the owner cannot be consulted, and they afterwards save or aid in saving the vessel or her cargo, they are entitled to salvage remuneration. Their relation to the ship, their character of crew with all their incidental duties, were determined by their dismissal. Abbott, 561, 2. Vrede. Florence. Neptune. Warrior.

1015. Passengers in a vessel in danger are themselves in danger; there is a reciprocal obligation upon them and the crew to exert all their energies in the common cause; the preservation of the ship is as much for their own safety as for the benefit of the owner; their services are for their own benefit, as are the services of all the other assistants. They are not entitled to claim salvage for the saving of that which is connected with their own safety. But if a passenger of peculiar skill has through circumstances to take upon himself the management of the endangered vessel, and succeeds in rescuing her from destruction, his assistance is beyond his duty, and entitles him to a salvage reward. (Abbott, 560. Vrede. Branston. Newman v. Walters). So if passengers, after having left the ship with their property, return, or even, having the opportunity of leaving her with their valuables, remain, for the purpose of assisting the ship, they are entitled to salvage remuneration, for their duty had ceased. With their duty, their relation to the vessel, in sooth, their character of passengers had determined.

1016. So when accident or even misconduct brings two vessels into collision, it is a natural duty to render mutual assistance. That duty is now constituted a legal obligation. In every case of collision between two ships it is the duty of the person in charge of each ship, if and so far as he can do so without danger to his own ship and crew, to render to the other ship, her master, crew, and passengers, such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision. 3 M. S. A. 33.

1017. Ships sailing as consorts in a common enterprise are under a mutual and reciprocal obligation to aid each other; each has the benefit of that obligation; and she who escapes danger herself, and assists her consort, is not entitled to salvage; for had the calamity befallen her she would have been entitled to the like exemption. And, in the absence of express agreement, such an obligation is inferred from the

association which they have formed. They are embarked in a common enterprise and a common risk. A man-of-war associated with transports for their protection, is not entitled to salvage (Abbott, 560); but ships which merely sail together, not embarked in a common enterprise, are under no such obligation; each is entitled to salvage for assistance to another. Custom has, in some places and among some ships, in particular occupations, introduced a similar duty of rendering gratuitously reciprocal aid; but where such a custom prevails it can be sustained only upon some reasonable mutuality and proportionate equality in the power to assist; therefore, such a custom among sailing-vessels will not establish a corresponding right, on the part of a sailingvessel, against a steamer; for there is no adequacy of consideration, the capacity of the steamer to aid so much exceeds that of the sailer. Africa.

1018. The public ships of the nation, maintained at the public expense for the protection of her commerce as well as her other interests, are not entitled to any participation in salvage reward. Rosalie.

1019. A public officer, as one of the coastguard service, who merely permits his men to assist a ship in distress, the lords of the Admiralty, lords of manors, magistrates, flag officers, and others who merely authorize the rendering of salvage assistance, are not entitled to any salvage reward. Abbott, 567, 569, 570.

1020. Salvors of an abandoned vessel are under a peculiar duty, so far as is consistent with their safety and practicable, without great inconvenience, to take on board such of the crew as have had refuge in another vessel, unless it is more convenient that they should proceed in the vessel which has received them. But salvors of a vessel wholly or partially abandoned by her crew are not bound to deviate in search of such of the crew as had left her. Orbena.

1021. Persons engaged to render service in a limited capacity are not entitled to salvage reward in respect of

services rendered within the scope of their engagement, although the services became more arduous than had been expected. The pilot is bound to stand by and aid the ship he has taken under his charge, although his office is attended with greater danger or difficulty than he had anticipated. A steam-tug, or other ship, which has taken a vessel in tow, must not abandon her so long as, notwithstanding tempestuous weather or uncontemplated difficulties, the fulfilment of his engagement is practicable, and neither the pilot nor the steam-tug is entitled to salvage remuneration for assistance afforded in such service. But if the state of the weather or other circumstances, including among such circumstances concealed unseaworthiness of the vessel, be or become such that the mere office of pilotage or towage is superseded or surpassed, and the pilot or tower in good faith. enter upon the new avocation of salvor, the one or the other is entitled to remuneration for salvage service. But the pilot must be prompt in rendering his service, and not wait till the ship appears to be in danger; and if he can accomplish the purpose of pilotage by sailing ahead, or in any other manner, when he cannot board her, he must perform his duty as a pilot, and not by his own neglect convert himself into a salvor. Minnehaha. Fox. Andrews. Rosehaugh. Albion. Annapolis and Golden Light. Galatea. Medora. Hebe. Saratoga.

1022. And a pilot is not at liberty to decline the office of pilot because the ship requires services in excess of that duty, he is bound, if required, and if he can do so with a reasonable degree of personal safety, to perform his office of pilot, and he is entitled to salvage remuneration in respect of his extraordinary services or peril. Black Sea. Orion.

1023. Persons not regular pilots, who act as such where there are no licensed pilots, and licensed pilots beyond the district to which they belong, are entitled for guiding a ship to a place of safety, either to pilotage or salvage reward, according to the nature of the service which they perform. Hedvig. Rosehaugh.