It can in no case exceed one-half the value of that which was saved.'

German Law, SS 744-748.

By Article 89, salvage in the case of piracy is restricted to one-fourth. 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 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 participate 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 usual in commercial treaties between the principal commercial Powers. A number of the latter treaties entered into by France, Great Britain and 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.

409. No unfavorable discriminations on account of national character or origin.

410. Restrictions on examination of cargo and charges.

411. Ships exempt from tonnage dues.

412. What acts not to be considered acts of commerce.

413. Computation of tonnage.

414. Exception as to fisheries, coasting trade and internal navigation.

415. Commercial travellers.

416. Duty on samples.

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 traffic is 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 Treaty between the United States and the Netherlands, Aug. 26, 1852, Art. II., (10 U. 8. 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.)

P Treaty between the United States and

The Two Sicilies, Oct. 1, 1855, Arts. VI., VIII., 11 U. S. Stat. at L., 639. Convention between the United States and

Republic,

Bolivia,

Venezuela,

The Two Sici

lies,

Feb. 8, 1867, Art. VI., 15 U. S. Stat. at L.,(Tr.,) 167 ̧

By numerous French treaties, all merchandise, of which the importa. tion 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.

Treaty between France and

Sweden and Norway,

The Free Cities of Lu

Feb. 14, 1865, Art. IV., 9 De Clercq, 172

beck, Bremen & Ham-Mar. 4, 1865, VI., 9 Id., 187.
burg,

To similar effect is the treaty between France and

The Pontifical States, July 29, 1867, Art. XIV., 9 De Clercq, 739.
Portugal,

July 11, 1866,

66

See, also, treaty between the United States and

Hayti,

XX., 9 Id., 558.

Nov. 3, 1864, Art. X., 13 U. S. Stat. at L., 711.

The Ottoman Empire, Feb. 25, 1862, "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

a party to this Code or not, on account of the national character of ships or persons, or the origin of imports or on account of the origin or destination of exports or of property in transit through the country.'

This article shall apply, without respect to the nationality of any foreign ports included in the voyage.'

1 The commercial treaties provide in detail for many particulars which should seem to be comprehended in the above general principle. The scope of the special provisions of the treaties may be summarily stated as follows:

Duties on imports.—No higher or other duties shall be charged by either nation on the importation of goods in the vessels of the other than on the same in vessels of its own national character.

Treaty between the United States and

The Netherlands, Aug. 26, 1852, Art. III., 10 U. S. Stat. at L., 983. The treaty with The Two Sicilies, above cited, and that with Hanover, June 10, 1846, Art. III., (9 U. S. Stat. at L., 859,) and with MecklenburgSchwerin, Dec. 10, 1847, Art. III., (9 ld., 912,) forbid any priority or preference to be given to either nation, or any one on their behalf, in the purchase of articles imported, on account of the national character of the vessel.

Duties on exports.—No higher or other duties shall be charged, and no less bounties or drawbacks allowed, by either nation on the exportation of goods in the vessels of the other, than on the same in vessels of its own national character.

Treaties between the United States and Nicaragua, Art. VI.; Dominican Republic, Art. VI.; Bolivia, Art. IV.; Belgium, Art. VIII.; Netherlands, Art. I., above cited.

See, also, the treaty between the United States and

XI., 13 U. S. Stat. at L., 711. VIII., 13 Id., 609.

Hayti, Nov. 3, 1864, Art. Ottoman Empire, Feb. 25, 1862, " By the treaty between the United States and Belgium, above, salt and the produce of national fisheries are excepted.

Merchandise of any nature and origin, exported in foreign vessels, is not liable to charges or formalities respecting the exportation, other than those to which merchandise exported by domestic vessels is liable, and is en

titled to enjoy all rights and drawbacks or other favors which are ac corded in the case of domestic vessels.

Treaty between France and

Austria,

Dec. 11, 1866, Art. VIII., 9 De Clercq, 658.

Sweden and Norway, Feb. 14, 1865, 9 Id., 172.

XVI., 9 Id., 739.

A similar provision is contained in the treaty between France and Russia, June 14, 1857, Art. XIII., 7 De Clercq, 278. Pontifical States, July 29, 1867, Port charges.-The vessels of one nation, from wheresoever coming, and entering, laden, or in ballast, any port of another nation, are not liable to pay in those ports, whether upon entry or exit, or during their sojourn, any other or greater charges of tonnage, pilotage, brokerage, quarantine, light-house dues, or other charges imposed upon vessels under whatever denomination, for the benefit of the State, the district, or municipal or local corporations, private individuals, or any other person or establishment, than those which are chargeable upon domestic vessels coming from the same place, and having the same destination. Treaty between France and

Pontifical States, July 29, 1867, Art. X., 9 Id., 739.

Provisions for the equality of charges on vessels of both nations are also contained in the treaty between France and

San Salvador, Jan. 2, 1858, 7 Id., 362.

Treaty between the United States and

The Ottoman Empire, Feb. 25, 1862, Art. IX., 13 U.S. Stat. at L., 609. And see the treaties of the United States, referred to under the paragraph above, upon "duties on imports."

Some of those treaties specify also charges for anchorage, harbor dues, buoys, clearance, salvage, and fees of public functionaries.

By the French treaties, last above cited, each nation reserves the power to impose in its own ports, on the ships of other nations, and on merchandise composing the cargo of such ships, special taxes for the service of the port.

Facilities in port.-Vessels of each nation are entitled to the same privileges in respect to stationing, lading and unlading, within the territory of the other, as are extended by the latter to domestic vessels.