PROTECTION OF DEEP SEA FISHERIES. 417 



not know the value of English gear in its new state, 

 much less when it is damaged, as salved gear generally 

 is to a greater or lesser extent. Difficulties have already 

 arisen in the case of English nets salved and taken 

 into foreign ports ; the salvage claimed is frequently 

 nearly the full value of the gear, thus prohibiting the 

 owner from reaping any benefit from its having been 

 picked up. 



The latter portion of the 4th section in this article 

 tends to confirm the above. It says that "the high 

 contracting parties reserve the right of regulating by 

 special arrangements between themselves the amount of 

 salvage at a fixed rate per net salved." This fixed rate 

 per net from a practical point of view is an absurdity ; for 

 when drift-nets are salved, it is usually bad weather, and 

 some nets may be whole, others more or less torn or 

 destroyed. Then comes the question, what is a net, and 

 where is the line to be drawn ? In some cases only the 

 net-rope and corks will be left, and it would not do for an 

 owner to have to pay for this as a net. If as a net, it will 

 not answer the owner's purpose ; if not as a net it will not 

 answer the salvor's purpose. The nets may be new or old, 

 and it would not be fair to award the same salvage for a 

 net worth sixty shillings as a net worth five shillings. The 

 rate of salvage, if fixed at all at a stated rate, would have 

 to be low to suit the case of old and damaged nets, and if 

 new nets were salved it would not induce salvors to deliver 

 them up, knowing that they would only receive salvage 

 on the value of old nets. 



Article 30 provides that " Commanders of cruisers shall 

 verify the damage from whatever cause arising." This 

 should be " shall verify that damage has been done, the nature 

 of same, estimated probable amount, and from what cause it 



VOL. I. E. 2. 2 E 



