Page:Federal Reporter, 1st Series, Volume 5.djvu/226

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214 FBDSIUL BSPOBTBB, �to thelr respective wsges ; the shares of the master and crew to be free of ail charges and expenses incurred by the owners. �That no sufflcient ground is shown for giving the engineer of the steamer an extra share. �Also hdd, that the owners oannot extinguish the claims of seamen for salvage who have not appeared to claim their shares by taking an assignment from thcm. The amounts actually paid the seamen may be considered as paid on account of their shares, and re-imbursed to the owners, — the residue of the seamen's shares to remain in the reg- istry to await their application theref or. �In Admiralty. �L. Ullo, for master and seamen. �J. E. Parsons, for owners. �Choate, D. J. This is an application by the master and part of the crew of the steam-ship Plainmeller for an appor- tionment of the salvage in the case of The Adirondack, 2 Fed. Eep. 387, 872, It is shown, on the part of the owners of the Plainmeller, that they incurred some expanses, by rea- son of the salvage service, which should be first re-imbursed to them out of the amount paid. They are : For port charges in New York, about $275; extra coal, $250; captain's ex- penses, $60; and some other trifling expenses. They ask to be allowed, also, for law expenses in the trial of the suit — some $750; charges of their agents for attending to the busi- ness of the suit; and some $400 for repairs. As to these expenses, it was not shown upon the hearing, and is not now shown, that the towage service made any repairs neeessary, and the law expenses incurred were, in my judgment, mainly unnecessary, as the Adirondack offercd to pay ail that was properîy due for the service rendered. These charges ought not, therefore, to be taken into account in apportioning the salvage; and, under ail the circumstances, I think that $750 will be a full indemnity to the owners of the vessel for their expenses and loss by reason of the salvage service. This is ail for which they bave any just claim on the master and crew for re-imbursement. Deducting this sum, there remains $6,750 to be apportioned between the vessel and the master and crew. The owners of the vessel urge that the vessel was the principal salvor, and that the service of the master and ����