This word has two distinct meanings in maritime law. It sometimes means that which is saved from wrecked property, whether ship or cargo; and questions respecting it in this sense arise under policies of insurance, and will be considered in the next chapter.

*It also means the compensation which is earned by persons who have voluntarily assisted in saving a ship or cargo from destruction. This last sense is the more general, and the more important; and it is of salvage in this sense that we are now to treat.

The essential principle on which a claim to maritime salvage rests, is confined to the sea; being, as we apprehend, wholly unknown on the land. Some intimations have been thrown out, on high authority, that one who finds property lost on land and labors to save it, may claim of the owner compensation therefor. (e) But we believe there is no such rule or principle known to the common law.

Not only is salvage in this sense confined to the law-merchant, but it is generally confined to admiralty jurisdiction. It is believed, that no action at common law would lie for maritime salvage, unless the salvor could prove a contract with the owner of the property saved. (f)

(d) Plaisted v. Boston, etc. Nav. Co., 27 Maine, 182. See also Steamboat New Jersey, Olcott, Adm. 448.

(dd) That the necessity imposed by a State law, of taking a pilot, does not prevent the liability of the ship for his negligence. The China, 7 Wallace, 58. Of the behavior of ships when meeting. The Nichols, 7 Wallace, 656; Baker v. Steamship City of New York, 1 Clifford, 75; Wakefield v. The Governor, 1 Clifford, 93; Pope v. R. B. Forbes, 1 Clifford, 331; The Scotia, 5 Blatchf. 227; The Island City, 5 Blatchf. 264; The Scranton and Wm. F. Burden, 5 Blatchf. 400;

Amoskeag, etc. Co. v. The John Adams, 1 Clifford, 404; The Illinois, 5 Blatchf. 256; The Nellie D. 5 Blatchf. 245; The Chesapeake, 1 Benedict, 23; The Favorita, 1 Benedict, 80; The Empire State, 1 Benedict, 57; The Cayuga, 1 Benedict, 171; The Electra, 1 Benedict, 282; The Havre and The Scotland, 1 Benedict, 205; The Jupiter, 1 Benedict, 536. Of the measure of damages. The Ocean Queen, 5 Blatchf. 493; The Heroine, 1 Benedict, 226. What is a proper look-out. The Parkersburg, 5 Blatchf. 247.

(e) See ante, vol. i. p. * 580.

Salvors have a lien on the property saved until the case is heard and a final settlement made, and this lien does not depend on possession. (g) Sometimes the property is sold under a decree, and the proceeds held to await the decree of distribution or return. But the property is always returned to owners, if they ask for it, and give bonds, or stipulations, as they are called in admiralty, with sufficient security to abide and satisfy a final decree.