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Crews are not ordinarily ent.i.tled to salvage for services performed on board their own vessel, whatever may have been their perils or hards.h.i.+ps, or the gallantry of their services in saving s.h.i.+p and cargo;[270] for some degree of extra exertion to meet perils and accidents, is within the scope of a seaman's duty. In case of s.h.i.+pwreck, however, where, by the general law, wages are forfeited, the court will allow salvage, considering it as in the nature of wages due.
In one instance salvage was refused to a part of a crew who rescued the s.h.i.+p from the rest who had mutinied; for this was held to be no more than their duty.[271]
[270] 10 Pet. R. 108. 1 Hagg. 227.
[271] 2 Dods. 14.
Yet seamen may ent.i.tle themselves to salvage for services performed on board their own vessel, if clearly beyond the line of their regular duty; as, when the crew rise and rescue the vessel from the enemy after she has been taken.[272] So, where a s.h.i.+p was abandoned at sea, and one or two men voluntarily remained behind, and by great exertions brought her into port.[273] If an apprentice is a salvor, he, and not his master, is ent.i.tled to the salvage.[274] If one set of men go on board a wreck, but fall into distress and are relieved by others, they do not lose their claim for salvage, but each set of salvors shares according to the merit of its services. If the second set take advantage of the necessity and distress of the first salvors to impose terms upon them, as, that they shall give up all claim for salvage, such conditions will not be regarded by the court.[275]
[272] 1 Pet. Ad. 306.
[273] 2 Cr. 240. 1 Pet. Ad. 48.
[274] 2 Cr. 240. 2 Pet. Ad. 282.
[275] 1 Sumner, 400.
