Salvage in California

Article 2 of Chapter 3 of Division 3 deals with salvage. Section 530 provides that Sheriffs and all persons employed by them or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage for their services, and to all expenses incurred by them in their performance, out of the property saved.

The officer having the custody of the property is required to detain it until the allowance is paid or tendered. But the whole salvage claimed cannot exceed one-half of the value of the property or proceeds on which it is charged, and every agreement, order, or adjustment allowing a greater salvage is void, unless ordered and allowed by the superior court of the county.

Section 531 provides that every officer to whom an order for the delivery of wrecked property or the payment of its proceeds is directed is required to present to the claimant of the property or proceeds, a written statement of the claims for salvage and expenses. If the claimant refuses to allow that amount, it is to be adjusted as provided in this article.

Section 532 specifies that, if the amount of salvage and expenses is not settled by agreement, on the application of the owner or consignee of the property, or the master or supercargo having charge at the time of the wreck, or of a claimant having an order for the property, or of a person claiming salvage or expenses, the superior court of the county is required to determine the amount of salvage and expenses in a summary way.

Section 533 requires the fees and expenses of the contest to be paid by the person upon whose application it was had and are a charge on the property saved. Each referee is entitled to per diem and expenses as the court may order.

Section 534 states that any person, other than the master, mate, or a seaman of a wrecked vessel, who rescues it, or its appurtenances or cargo from danger, is entitled to a reasonable compensation, to be paid out of the property saved. That person has a lien for salvage upon the vessel and its appurtenances or cargo, as the case may be.