Page:Federal Reporter, 1st Series, Volume 9.djvu/732

THE CETEWAYO. T17 �of her rudder when so near Barnegat shoal in such a gale. The extent of the peril is shown by the act of the master in putting on a life preserver. The Davis was kept from going ashore by being taken hold of and held by the Eiehards during the whole of a terrible night. She was then, being still disabled in her rudder, towed by the Eiehards from Barnegat to the Hook, and then accompanied to Jer- sey City at her special request, because, although her rudder had been made available to a certain degree, the condition of it rendered her liable again to become helpless at any moment. I also take notice of the value of the Davis, some $6,000, and that of the Eiehards, some f 22,000 ; that the Eiehards sustained no loss save that of labor and time; and, if she encountered any peril to herself in the per- formance of the service, it was not serions. �Upon the whole case, I consider that the suni of $750 should be allowed as salvage. The allotment of this sum will be made after hearing counsel in respect thereto. ���The Cetewato. �(Bi»tri(;t Court, E. D. New York. December 17, 1881.) �1. SaIjVAGB — WbBCKINO VESSELS— RiGHT OP CbBW to SaIiYAOB COMPESfBATIOU. �The fact that a salving vessel was used in the wrecking business does not compel the inference, that the monthly wages agreed to be paid the crew were to be in lieu of any share in any salvage reward to which othenwise they mlght become entitled. �In . Admiralty. �Beebe, Wileoz & Hobhs, for libellants. �Owen d Gray, for claimants. �Benedict, D. J. This is an action, instituted by the chief engineer and a deck hand of the steam-boat Alert, to recoyer a share of the salvage compensation earned by the Alert in rescuing a derelict schooner called the Cetewayo. The particulars of the service rendered to the Cetewayo are not important to be noticed on this occasion, because it is admitted of record that the service was a salvage service, entitled to be compensated as such. It is also admitted that 50 per cent, of the value of the property saved is the proper amount of sal- vage, and that such percentage amounts to $2,643.93. �The only question presented for my determination is whether the libellants' aglreement of hiring on board the Alert debars them from ��� �