Page:United States Statutes at Large Volume 37 Part 2.djvu/653

ASSISTANCE AND SALVAGE CONVENTION. Snmzunzn 23, 1910. 167] Anncw 3. _ Persons who have taken part. in salvage operat'on otwithstand· "°'“*“•°— ing the express and reasonable rohibition on tht: pditnof the vesel to which services were rendered, have no right to any remuneration. Airncnn 4. A tug has no right to remuneration for assistance to or salvage of "'•* the vessel she is towing or of the vessel’s cargo except where she has rendered exceptional services which can not be considered as rendered in fulfilment of the contract of towage. Anrrrcnz 5. Remuneration is due nothwithstandjng that the salvage service V·¤·¤¤¤¤¤¤••••¤. have been rendered by or to vessels belonging to the same owner. Arrrcuz 6. The amount of remuneration is fixed by agreement between the·_£°¤¤*°'*¢¤¤••¤~ parties, and, failing agreement, by the court. The proportion in which the remuneration is to he distributed among the salvors is fixed in the same manner. ` The apportionment of the remuneration among the owner, master, and other persons in the service of each salving vessel is determined by the law of the vessel’s flag. ‘ · Am·1cm·: 7. Every agreement as to assistance or salvage entered into at the _§:g¤¤¤¤¤¤¤¤f•¤••· moment and under the influence of danger can, at the request of `" either party, be annulled or modified by the court if it considers that the conditions agreed upon are not ettuitable. In all cases, when it is proved that the consent of one of the parties -*"¤"**¤•¤*· ·*¢— is vitiated by fraud or concealment, or when the remuneration is, in proportion to the services rendered, in an exceaive dcegree too large or too small, the agreement may be annulled or modxfi by the court at the request of the party a ected. Aimcuz 8. The remuneration is fixed by the court according to the circum- ,,§,f*"’ °"""°*¤• stances of each case, on the basis of the following considerations: (a) First, the measure of success obtained the efforts and the deserts of the salvors, the danger run by the salved vessel, by her assengers, crew and cargo, by the salvors and by the salving vxel, the time expended, the expenses incurred and osses suifered, and the risks of liability and other risks run lmhe salvors, and also the value of the property exposed to such ri , due regard being had, the case arisin , to the special adaptation of the sa vor’s vessel: (b) second, the vx5ue of the property salved. _ The same provisions apply to the apportionment provided for by the second paragraph of article 6. _ _ _ The court may reduce or deny remuneration if It appears that the ·*°“'°"" °'°""'~ salvors have by their fault ren ered the_ salvage or existance necessary, or have guilty of theft, receiving stolen goods, or other acts of fraud. Anrxcts 9. No remuneration is due from the persons whose lives are saved. ’°‘“"'°'°""· but nothing in this article shall alfect the provisions of the national laws on this subject.