There may be a custom to render services gratuitously, which would bring these services under the same rule which is applied to services rendered as a legal duty. (g) Thus, it has been said,

(t) The Henry Ewbank, 1 Sumner, 400; Mason v. Ship Blaireau, 2 Cranch, 240; The Amethyst, Daveis, 28; Union Tow-Boat Co. v. Bark Delphos, 1 Newb. Adm. 412. For cases where more than one third has been allowed, see 2 Parsons Mar. Law, 622, where this question is fully discussed.

(u) The George Dean, 1 Swabey, Adm. 290; The Mary Pleasants, id. 224.

(v) The Peace, 1 Swabey, Adm. 86.

(w) In The Lord Nelson, Edw. Adm. 79, a claim for salvage was maintained against a government transport. No opposition was made by government In The Marquis of Huntly, 3 Hagg. Adm. 240, a salvage service was rendered to a government transport, and a quantity of government stores were saved. The government assented to the court's decreeing salvage.

(x) Sch. Merchant, cited in Marvin on Salvage, 132.

(y) The Comus, 2 Dods. 404.

(z) The Rising Sun, Ware, 378.

(a) The Amethyst, Daveis, 29. The expense of his interment was allowed out of this money.

(6) The Emblem, Daveis, 01.

(c) Talbot v. Seamen, 1 Cranch, 1. (d) Sch. Adeline, 9 Cranch, 244. (e) Act of 1800, c. 14, 2 U. S. Stats, at Large, 10.

(f) The Dorothy Foster, 6 Bob. Adm. 88.

(g) The Harriot, 1 W. Rob. 439. See The Swan, id. 68; Williamson v. Brig Alphonso. 1 Curtis. C. C. 370.

that it is a custom for steamers on the Mississippi to draw others off a sand-bar, without compensation. (h) A custom in one port is not binding on ships of other ports, which render salvage services at the port where the custom prevails. (i)

If ships sail as consorts under a contract to assist each other, neither can claim salvage compensation for services rendered under this contract. (j) The contract itself may be implied from circumstances. It may be a question, how far a claim for salvage compensation may be made, when both vessels belong to the same owner. (k) We see no sufficient reason, however, why the fact should bar the claim of salvage for the master and crew, unless the vessels are consorts under a contract as above stated.

Salvage services are sometimes rendered under a special bargain made with the salvors, at the time of salvage; but admiralty would pay no great regard to such a contract, unless it were equitable, and conformed to the merits of the case, and made by parties capable of judging as to their obligations, with a clear understanding of the nature of the agreement.(l)1 And the bargain must be distinct and explicit as to the amount and terms. (m)

By an important and established rule all salvage compensation is wholly forfeited by an embezzlement of the property saved; (n) but this forfeiture only extends to guilty parties, and innocent cosalvors are not affected thereby. (o)

On the trial of salvage cases, salvors are competent witnesses for themselves and for each other. (p) This competency arises

(h) Montgomery v. The T. P. Leathers, 1 Newb. Adm. 420.

(i) The Red Rover, 3 W. Rob. 160.

(j) The Zephyr, 2 Hagg. Adm. 43.

(k) The Margaret, 2 Hagg. Adm. 48, note.

(l) The Mulgrave, 2 Hagg. Adm. 77; Bondies v. Sherwood, 22 How. 214 ; The Whitaker, Sprague, 282; Post v. Jones, 19 How. 160; Eads v. Steamboat H. D. Bacon, 1 Newb. Adm. 280; Williams v. Barge Jenny Lind, id. 443.

(m) The True Blue, 2 W. Rob. 176; The Henry, 2 Eng. L. & Eq. 664; The Resultatet, 22 id. 620; The British Empire, 6 Jurist, 608; The William Lushington, 7 Notes of Cases, 361.

(n) Sch. Dove, 1 Gallis. 685; The Bello Corrunes, 6 Wheat. 162.

(o) The Barque Island City, 1 Black, 121; Mason v. Ship Blaireau, 2 Cranch, 240.

(p) The Elizabeth & Jane, Ware, 35.

1 One put in possession by the master of a ship and cargo after the stranding of the former, with authority to act for the benefit of all concerned, has a lien on the cargo for his charges incurred for the purpose of saving it as against the owner, though incurred without his authority, the claim being analogous to general average or salvage; and the owner's agent, to whom the bills of lading have been handed for the sake of obtaining possession of the cargo, is impliedly authorized to bind the owner to pay such charges on condition of the cargo being given up. Hingston v. Wendt, 1 Q. B. D. 367.

from necessity. In cases of the greatest importance, as generally in cases of derelict, there are and can be no other witnesses as to the material facts of the case, but the salvors. But their interest in the result demands that their testimony should be carefully weighed, and as their competency arises from necessity, it is limited by necessity; and for independent facts, which may be proved by other testimony, such testimony should be demanded. (q)

We should also strongly insist upon another rule, grounded on the competency of the salvors, and necessary to secure or induce their veracity. It is, that positive and material falsehood should be regarded as an embezzlement of the truth; and should work a forfeiture, in the same way and to the same extent as an embezzlement of the property.

Salvage claims may undoubtedly be barred by lapse of time, * for an admiralty court, like a court of equity, does not regard or enforce stale claims. (r)