2 If the contract between the owners and the crew be terminated by a bona fide and final abandonment of the vessel, the crew may become entitled to salvage reward for the services they subsequently render towards the preservation of the ship or cargo. Jones on Salvage, p. 19; The Florence, 16 Jurist, 572; The Warrior, 1 Lushington's Rep., 476; The Neptune, 1 Haggard's Rep., 227-237; The Vrede, 30 Law Journal, Adm., 209. Capture by a belligerent dissolves or suspends the connection between the seamen and their vessel; and if they rescue the vessel from the enemy, they are entitled to salvage. Jones on Salvage, p. 21; The Two Friends, 1 C. Rob., 271. See, also, Phillips v. McCall, 4 Washington's U. S. Circ. Ct. Rep., 141; Williams v. Suffolk Ins. Co., 3 Sumner's U. S. Circ. Ct. Rep., 270. The American doctrine recognizes another qualification, namely, that services entirely above the duties of a seaman, rendered in a spirit of galantry, may be compensated upon salvage principles. The John Taylor, Newberry's Adm. Rep., 341; The John Perkins, 9 American Law Rep., (N. S.,) 490; The Dawn, Daveis' Rep., 121, 142; Mary Hale, Marvin on Salvage, 161. 3 Hobart v. Drogan, 10 Peters' U. S. Sup. Ct. Rep., 108; Hand v. The Elvira, Gilpin's Rep., 60. The laws of most of the United States make it a part of the duty of a pilot to assist vessels in distress; and, in some instances, give the rate of extra compensation to be awarded-their services being considered as extra-pilotage services, and not as salvage. 2 Parsons on Shipping, 271. 4 The Wave v. Hyer, 2 Paine's U. S. Circ. Ct. Rep., 131. Forfeiture of salvage. 404. No person has a claim for salvage: 1. Who unnecessarily forced the acceptance of his services; or, 1 2. Who has not immediately notified to the master or owner, if possible, and to the local authorities, the property saved ;2 or, 3. Who has embezzled or connived at the embezzlement of any part, however small, of the property saved.' The law upon this point is laid down by Sir JOHN COLERIDGE, in The Atlas, 1 Lushington's Rep., 518, 528: Where "success is finally obtained, no mere mistake or error of judgment in the manner of procuring it—no misconduct short of that which is willful, and may be considered criminal, proved beyond a reasonable doubt by the owners resisting the claim -will work an entire forfeiture of salvage. Mistake or misconduct other than criminal, which diminishes the value of the property salved, or occasions expense to the owners, are properly considered in the amount of compensation to be awarded." See Jones on Salvage, ch. VII. Whoever the salvors may be, whether licensed wreckers or not, they are not only bound to be scrupulously honest themselves, but, whilst the property is in their custody, they are expected to employ every reasonable degree of diligence to guard it from plunder by others; and any negli gence in this respect will affect the amount of their remuneration. The John Perkins, 19 American Law Rep., 490. The misconduct of any individual salvor will work a forfeiture of all compensation for his share of the service. The Waterloo, 1 Blatchford & Howland's Rep., 114; The Blaireau, 2 Cranch's U. S. Sup. Ct. Rep., 240. 1 For instance, a second party of salvors, who wrongfully interfere with the first party. The Blenden Hall, 1 Dods., 414; The Fleece, 3 W. Robinson's Rep., 278. 2 German Law, § 752. 3 The Island City, 1 Black's U. S. Sup. Ct. Rep., 121; Sch. Dove, 1 Gallison's U. S. Circ. Ct. Rep., 585; The Bello Corrunes, 6 Wheaton's U. S. Sup. Ct. Rep., 152. Parsons suggests 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. Law of Contracts, title Shipping, vol. 2, p. 322. Special contract. 405. When during the danger a contract has been made in good faith' respecting the amount of the salvage, such contract must regulate the amount, unless excessive; in which case, it may be reduced to such amount as is proved to be reasonable." 2 1 The Theodore, Swabey's Rep., 351; The Helen & George, Id., 368; The Arthur, 6 Law Times, (N. S.,) 556. 2 Bondies v. Sherwood, 22 Howard's U. S. Supreme Court Rep., 214 3 A. D. Patchin, 1 Blatchford's U. S. Circ. Ct. Rep., 414; Eads v. The H. D. Bacon, 1 Newberry's Adm. Rep., 274. Amount, how fixed. 406. The amount awarded for salvage must be fixed, in the discretion of the court, in each case, as an adequate reward, not only for the work done, and expenses incurred, but the zeal shown, the risks run, and the value of that which was saved. It does not include, however, the costs and fees of the legal authorities, the duties and charges to which the articles saved may be liable, or the expenses of storing, preserving, valuing, or disposing of the same. It can in no case exceed one-half the value of that which was saved.1 German Law, §§ 744–748. By Article 89, salvage in the case of piracy is restricted to one-fourth. 1 A moiety of the value of the vessel and cargo, in a case of the salvage of a derelict, was formerly the amount awarded, but the maritime courts now give only such amount as is fit and proper with reference to all the circumstances of the case, including the value of the property saved, and the risk to the property of the salvors. Kirby v. The Owners of The Scindia, Law Rep., 1 P. C., 241. Apportionment between several salvors. 407. Where several persons have taken part in the salvage services, the amount awarded must be divided among them in proportion to the service each may have rendered, personally or with his property, or, in case the proportion can not be determined, then according to the number who are to participate. Those who in the same casualty devoted themselves to the saving of human life, are entitled to particpate equally with the others. German Law, § 750. The next section of that law provides that " when the ship or its cargo is either wholly or in part salved or preserved by another ship, then the amount awarded for salvage or assistance is divided between the owner, the master, and the rest of the crew of the other ship, unless it shall have been otherwise specially agreed between them, in such proportion that the owner shall take one-half, the master one-quarter, and the rest of the crew the other one quarter. Among the latter the amount shall be divided in proportion to the pay to which each is entitled, or to which, according to his rank, he is entitled." TITLE XII. IMPOSTS. The provisions of this Title are suggested by the provisions usua in commercial treaties between the principal commercial Powers. A number of the later treaties entered into by France, Great Britain, or the United States, are specially referred to under the Articles. These citations might be extended to earlier or less important treaties. In the British Parliamentary Papers, 1866, Accounts & Papers, vol. LXXVI., (38,) is a return showing the then existing commercial treaties of Great Britain, and indicating which of them establish reciprocity, which contain the most favored nation clause, and which regulate or provide for an equalization of shipping dues. ARTICLE 408. Equality in foreign commerce and navigation. 410. Restrictions on examination of cargo and charges. 411. Ships exempt from tonnage dues. 412. What acts not to be considered acts of com merce. 413. Computation of tonnage. 414. Exception as to fisheries, coasting trade and 415. Commercial travellers. Equality in foreign commerce and navigation. 408. There shall be maintained between the territories' of all the nations reciprocal liberty of commerce and navigation to all persons and ships bearing the character of any of the nations.' And, except as provided in article 414, whatever trafficis allowed by any nation to its domestic ships, or to those of any other nation, shall be allowed, upon the same terms, to the vessels of all the other nations." 1 The treaty between the United States and the Netherlands, Aug. 26, 1852, Art. II., (10 U. S. Stat. at L., 983,) expressly extends the rule of reci procity in relation to the flags of the two nations, to the colonies. So does that between Great Britain and Prussia, Aug. 16, 1865, Art. II., (Accounts & Papers, 1866, vol. LXXVI., 38.) 2 Treaty between the United States and The Two Sicilies, Oct. 1, 1855, Arts. VI., VIII., 11 U. S. Stat. at L., 639. 3 Convention between the United States and Feb. 8, 1867, Art. VI., 15 U. S. Stat. at L., (Tr.,) 167. The Two Sici- Oct. 1,1855, lies, VI., 12 Id., 1146. X.,11 By numerous French treaties, all merchandise, of which the importation or exportation is legal, may be imported or exported in foreign as well as domestic vessels. Such merchandise, imported into either nation by foreign vessels, may be delivered for consumption, transportation, or re-exportation, or stored at the disposal of the owner, or his agents, in all cases without being subject to more burdensome conditions than those which apply to merchandise in domestic vessels. The Pontifical States, July 29, 1867, Art. XIV., 9 De Clercq, 739. July 11, 1866, XX., 9 Id., 558. X., 13 U. S. Stat. at L., 711. The Ottoman Empire, Feb. 25, 182, VIII., 13 Id., 609. The exception in the case of coasting and internal navigation is provided for by Article 414. No unfavorable discriminations on account of national character or origin. 409. No discrimination in the treatment in any respect, whether as to duties, charges, privileges, drawbacks, or otherwise, shall be made by any nation against the ships of any other nation, or their contents or traffic, in favor of those of its own national character, or those of any other nation whatsoever, whether |