Page:Federal Reporter, 1st Series, Volume 9.djvu/495

480 FEDEEAL BEPOBTEB. �jurisdiction. As such water craft she was insured by her owners. As a barge or lighter she may be in use ,to-day. As such water-craft she could be in impending peril on a public, navigable river, and could be rescued from such peril by maritime service. �Salvage is compensation for maritime services rendered in saving property or rescuing it from impending peril on the sea, or on a pub- lic navigable river or lake where Interstate or foreign commerce is carried on. See Marvin, Salvage, § 97. Under this definition it vfiil benoticed that the property saved need nothave motive power,nor be engaged in commerce or navigation, to be subject to salvage. Nor do I see how the intended destination of the property can affect the question. Conceding that the actual use of the property may deter- mine the right to salvage, as was deoided in the Hudson Case, yet here the Natchez was not yet used as a wharf-boat, but stood upon, the same footing as any other barge moored to the bank of the river waiting to be loaded, towed away permanently, tied up, or broken up, as the business or interests of the owners might suggest or require. Whether a boat fitted, arranged, and actually used as a wharf-boat can be the recipient of maritime services in saving her from impend- ing peril, so as to make her liable for salvage, it is not necessary to decide. �The argument made, that in the conceded condition and position of the Natchez she was not subject to maritime services, liens, and responsibilities, is not well supported. Under the law of Mississippi she could be the subject of liens which this court would recognize, and in proper cases enforce. See Code, Miss. § 1395. She could have been liable in cases of collision, and she was a subject for mari- time contract as per insurance in this case. �In my judgment the decree of the district court in this case was correct, in maintaining jurisdiction and holding that libellant was entitled to salvage compensation. Let a decree be entered in this court in terms the same as was entered in the district court, with costs. ��� �