Page:Federal Reporter, 1st Series, Volume 5.djvu/121

THE STBAMBB LEIPSIC. 109 �in ballast, to fuîfll a charter requlring her to be there September 25 th, deviated 40 miles in a direction opposite to her course, upon report of her condition, to flnd her, the vessels arriving safely in New York on September 14th, the towing service continuing about 24 hours, and the G. being detained in her arrivai at Baltimore about 48 hours, and the two captains made a written agreement at sea for the payment of £3,- 000 for the service, which contained, however, the following clause, " butleave it to the court to prove the said agreement," which clause was insert ed because the captain of the L. would not otherwise sign it, after a discussion of the amount to be paid by the service, which was the only matter of difEerence between them, the L. and cargo being valued at $250,945, and her freight, if earned, being $13,757.37, and the G. being valued at $90,000 : �Hdd, on the evidence, and as matter of construction of the agree- ment, that the parties clearly intended by the agreement to submit the question as to the amount of the compensation to the judgment or review of the court. �That the sum named iû the agreement was greatly excessive. �The Golon, 4 Fed. Rbp. 469, and other cases. �That such service, whether salvage or not, is to be compensated not upon the ordinary principle;s of a quantum meruit, but liberaHy and with a view to ail the circumstances. �The Emily B. Souder, 15 Blatchf. 185. �That in this case the service was a salvage service. i �The EUora, l hush, ^50. ], ." ■: �That $3,,75Ç»was a proper.jaward— apportionedi.three^flfthe to the vessel, and of the remaining two-flfths, one-tenth to the.masfer.and nine-tenths to the crew, including the master, in proportion, to tteir wages. • . �That where the libellants;, ownersof a vessel, sue- in! ftheir owa behalf, without joining the master and crew, who are entijtled to share in the compensation, the proper practice is to determine the entire amount, and apportion it between vessel, master, and crew, and to have the share of the ma«ter and crew paid into the registry of the court to.await their application theref or. �The Adirondack, 2 Fed. Bkp. 872. �That the claimants, having made no tender before suit, should bo charged with costs. �Ulîo, Reynand e Harris, for libellants. �Shipman, Barbom, Larocque e McFarland, for claîmants. �Choate, D. J. This is a suit brought by the owners of the British steamer Gresham to enforce against the German steamer Leipsie an agreement entered into by the masters of the two steamers, while at sea, on the thirteenth day of Sep- tember, 1879. The agreement was as followB: ����