It  was  held  that  there  was  no  right  to  salvage,  since  no  property
had  been  saved.  And  with  regard  to  the  agreement,  Brett,  M.  E.,
said,  "  I  think,  therefore,  that  the  agreement  is  a  proper  salvage
agreement;  it  fixes  the  amount  of  salvage  to  be  paid  both  for
services  to  life  and  property,  but  leaves  untouched  aU  the  other
conditions  necessary  to  support  a  salvage  award.  As,  therefore,
both  on  principle  and  on  the  construction  of  the  contract  itself,
there  must  be  something  besides  life  saved  to  make  it  effectual,  I
am  of  opinion  that  neither  owners  nor  master  are  liable  in  this
action  because  no  res  has  been  saved."

Where  service  is  rendered  to  a  ship  which  is  in  danger,  but  is  in
the  possession  of  her  master,  it  is  ordinarily  presumed,  without  any
action  on  his  part,  that  he  accepts  the  service,  if  that  is  what  a


(rf)  Per  Dr.  Lushington,  The  Un-
daunted, 29  L.  J.,  Ad.  176;  The  Mel-
pomene, L.  R.,  4  A.  &  B.  129;  The
Benlarig,  14  P.  D.  3.     Infra,  a.  334.
(c)  See  The  Cheerful,  11  P.  D.  3.
(/)  8  P.  D.  115.    Of.  The  Alfred,  SO
li.  T.  511.
SALVAGE  AND  WRECK.  397

prudent  man  would  do  (g).    And  that  is  true  thougli  the  service    Sect.  327.
may  be  given  to  the  ship  indirectly  only,   as  by  disengaging
another  ship  from  her  (h).     But  the  presumption  may  be  rebutted
by  the  circumstances.
