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estimate of salvage are stated in the case of Kia Ora, reported in 252 Federal Reporter 507, as follows: (1) The value of the property in peril and the proportion of the value lost and saved; (2) the degree of peril from ee elements which enter in the which lives and property are rescued}... (3) the value of the property employed by the salvor, and the risk of life and property incurred; (4)-the skill and dis- . patch shown in_ rendering the. service together. with the foresight and skill it (5) the time-consumed and the labor. performed. by the salvor. The. court . then said: "The considefation of -all these . elements' should 'result. in «an award which will express actual compensation for the labor, risk, and skill of the salvor and the use" of his vessel and appliances, and,an added amount based on the degree of peril of property and life and the value of the property saved and lost sufficient to , promote the highest degree of readiness and efficiency for the relief of vessels in distress." And further on the court remarked: "No formula can be derived which will meet the justice in every case. The per cent basis is no longer followed, because its application to the large values of modern times would lead to obvious injustice." * Ok Ok The pilot rules as to anchored vessels act of Aug. 19, 1890, chapter 802, sec- tion 1, article 11 (compiled: statistics of 1916, section 7849), requiring an an- chored vessel to carry. forward a white light showius clearly around the horizon for a distance of at least a 'mile, is HAART Late Decisions in Ma Legal Tips For Ship Owners and Officers. Specially Compiled for The Marine Review HATTA nT mH INTL OTR LAA _ By Harry Bowne Skillman ee authority, except so far as they are we reasonable . L 7 ee meer .* CusBapist, reported in 252 Federal Re: applicable to a boat lying at anchor. and | not expecting to move from her posi- tion, but does not apply to a boat drift- ing, with a small anchor dragging, but only for the purpose of retarding her progress and keeping her from going ashore while repairs are being made to the engine. "She is a stationary, but nevertheless navigating vessel, substan- tiaily ont: of: control, and not an.:an-. chored vessel, so far as her signals were concerned.'--O'Brien_ Bros., 252 Federal Reporter 185. Hk 6 : The right to enforce a lien arising out of a collision is given by the laws. of the United States, it was said in the case of Koncsii, reported in 252° Federal Reporter 267. 'There appears, indeed," the court further said, 'to be no reason in French law, under the principle of reciprocity, for dismissing the libel and ~° leaving the question to the French courts, in a case which has not already proceeded to judgment. The marititne usages of foreign countries obligatory upon the, courts of the United are not. States, and will not be respected as ° , the exercised in the preparation to render, . the. cargo has been discharge 'calls and unloads her cargo btit," port. "ican seaman in the harbor' of New' York consonant with the well settled opinions | of English and American jurisprudence. This is well settled .by the. Supreme Court" Bs ib ge ON : seamen _ shall Mite foreign voyages within 24, hy man is not-entitled to his wa in, up to the time the cargo 'is disch r at any port' or ports at' which the ing to the decision in the 'case (of porter 658, the seamen is only*-entitled to his pay within 24 hours aftér termi- nation of the voyage for which he has been employed. Under this same. sec- tion the seaman shall be paid at the time he is discharged one-third of the balance then owing to him, and not a bonus equal to such an amount. <A voyage is ended for any particular sea- man when his period of .employment under his 'contract 'ends. moe The decisions in the cases of ReEscusE, 116 Federal Reporter 380; and PaciFic, 18 Federal Reporter 703, were followed in the case of Razukas vs.. New' York Trap Rock Co., 252: Federal. Reporter 311, where it' was held that' in the absence of proof of any. settled usage or,custom:of the port;of: New York, .a captain employed on a scow at a certain rate of wages per month, without any specified term of service, may"be. dis- charged at any time, either during or.at the. end of a month, without previous notice, and can recover wages only. for the time -actually served. It was fur- ther held that discharge of: such captain being lawful, reasonable' force: to over-: come his physical resistance. to being removed from the scow was also lawful. ee ; Mees Hesoeiootey, oe person' who enters formance.' 6 lai y a sedman and who, through +) ionsfault of his .own, 'has not as yet signed articles, would' not. be Under section 4529 of the revised "statutes of the United States, as. amended by thé'seamen's act, which provides "that . be entitled to his. "wages in the case of vessels, making' .. upon «the . per- UC | would be under the on @ « ? r itime Law | aw is in exact' contract rights accord with what hiss. British statute," Vestris, '252. Federal Reporter 201. _ The "'last clear, chance' rule, in mitiga- tion 'of: the common-law 'principle' that, -makes "even the slightest < contributory st #3 urs after : in 252: ~\, porter.409,* is-not -applicable: in. Pt ' seventh circuit, in the' negligence a. bar <to "recovery, it «was: held by .the circuit' court' of. "appeals, "case of: Norman B. 'Ream, reported: in' 252, "Federal=Re- | country-in-admiralty, where contributo " negligence effects. only. a- division of liability." However, the circuit. court of vappeals, fifth' circuit, in the case of Ey, Monte, reported: in 252 Federal Rei' porter 59, seems to recognize the rule the. court saying, "If signals from. the. CLEMATIS: gave notice to' the EL Monte of the presence of a vessel ahead when the latter was hidden from view by the fog, and thereafter the EL Monte neg- ligently failed to take suitable precau- tions to avoid a_ collision, and: the CLEMATIS was not negligent after the imminence of.-a <collisidn was' disclosed to it, the Et: MonteE*is to' be considered as solely responsible, because it»had the last- clear:chanee to prevent» the collision, any. antecedént negligence: of the CLEMATIS in the matter of a lookout astern being 'remote,:and such as could have made no. différence in the "result." In the cake "of 3 Van--DER Dyn, 251. Federal' Reporter 746, it «was <held that ~ an action will not'lie against. a ship: for 'thereby deprived of the benefits accruing - to. his as a seaman. But,:on the other hand, until the articles were signed and the vessel had left port, the libelant . might have quit the vessel without loss of time. or expense -in returning home. For this reason he certaihly cannot claim his wages for the voyage, nor for loss of time in getting back.to his home * * * The 'rights*of an Amer- upon a-British vessel. can properly be adjudicated in the courts .of the United. 'Stay atcording to the admiralty law, 4 834 * psoas fe ge ag al ie es 2 Ae RTE PRR RARE fot an: error of -diagnesis on the -part of the officers with™respécf- to~an 'injury 'to one of the crew, but'a véSsel is: liable for failure to take. such Stéps as 'thé situa- tion evidently calls* fdr, as the vessel owes it to a*seaman_to take -reasonable precaution dnd 'to 'furnish reasonable aid, even to the-extent -of 'taking the man to' the nearest place for remedy, and in default of this the vessel is liable for the. consequences :of failure to do so, even if the officers were honest in their opinion .that the man was sham- ming. An error of judgment on the part of the officers means an_ honest error in choosing the method of. treat- ment and it presupposes that they di the best that°'they'could. But~ mere antiseptic dressing, without knowledge of -what is proper treatment, 1s: not sufficient for the assymption of qualifica- tion to diagnose, ,and should not be classed as an ertér.of judgment. "The vessel should 'not be absolved from liability, if the ignorance of the officers is merely a: basis: for their utter failure to, appreciate 'that they should do some- thing*to supplement their own lack knowledge.» °" ef bn sits