Page:Federal Reporter, 1st Series, Volume 5.djvu/116

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

104 FEDERAL HEPOUTER. �wliereby they were enabled to perform their contracL The amount of expensea thua ineurred ouglit, in equity, we think, to contribute ita proportion to the salvage to be paid. See The Norma, Lush. 124; Jones on Salvage, 191. This "would makethe total amount of property eaved $249,316.50. Trom this amount will be deducted the costs in the district court, amounting to $1,510.15, which are chargeable to the claimants, and the 8 por cent, of salvage will be calcu- lated on the balance of $247,806.35, amounting to $19,- 824.51. The oosts of appeal will be deducted from thia sum as being chargeable to the libellants, and the balance will then be distributed as before stated. In this distribution no special allowance will be made to the Protector for the cost of gas or materials, that being taken into consideration in awarding to her two-thirds of the balance. In making this award to the Protector we have had regard to the fact that the value of her aid in affording salvage service is greatly enhanced by her being fitted and furnished for performing this kind of work. Being always ready and at hand, and powerfully ef&oient for the aocomplishment of her purpose, a fire happening to any vessel in the harbor is bereft of much of its terror, and the damage actually ensuing therefrom is in most cases, and probably was in this case, greatly lessened in extent. �A reference will be made to the commissioner, F. A. Woolf- ley, to report the form of a decree to be entered in accord- ance with this opinion. �Note. See Corwin v. The Barge Jonathan Chose, 2 Fed. Ref. 268. ���See Anbwer; Complaeit; CotwTBBCiAiM ; Execution; Judgment, 307; Pahties to Actions; Sheriep, 385. �A tax judgment is void for uncertainty if the amount is expressed only in numerals, with nothing to indicate wbat they represeat. Tidd V. Rines, 201. ����