The longest time allowed by law for unloading vessels is twenty days, if over 300 tons, and ten days, if under that tonnage. Probably seamen would not be held bound to the vessel for a longer time than is thus allowed by law for unloading.
Interest on Wages.—In suits for seamen's wages, interest is allowed from the time of the demand; and if no demand is proved, then from the time of the commencement of the suit.[266]
Salvage.—If a vessel is picked up at sea abandoned, or in distress, and any of the crew of the vessel which falls in with her go on board, and are the means of saving her, or of bringing her into port, they are entitled to salvage.[267] In this case, all the crew who are ready and willing to engage in the service are entitled to a share of the reward, although they may not have gone on board the wreck.[268] The reason is, that where all are ready to go, and a selection is made, there would be injustice and favoritism in allowing any one the privilege more than another. Besides, those who remain have an extra duty to perform in consequence of the others having gone on board the wreck.[269]
Crews are not ordinarily entitled to salvage for services performed on board their own vessel, whatever may have been their perils or hardships, or the gallantry of their services in saving ship 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 shipwreck, 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 ship from the rest who had mutinied; for this was held to be no more than their duty.[271]
Yet seamen may entitle 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 ship 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 entitled 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]
Footnotes
[ [1] The royal breast-backstay may be used as the fall of the purchase.
[ [2] If only one yard-arm is loosed at a time, let the lee one be loosed first. l breast-backstay may be used as the fall of the purchase.
[ [3] Be careful to pass the turns clear of the topgallant sheets.