on appeal to Supreme Court of United States Redemption of property and compounding of claims Re-examination of claim.

PAGE.

No. 39. Order expunging claim.

40. List of claims and dividends

41. Notice of dividend

42. Petition and order for sale by auction of real estate

43. Petition and order for redemption of property from lien

706

706

707

708

709

44. Petition and order for sale subject to lien

45. Petition and order for private sale.

46. Petition and order for sale of perishable property 47. Trustee's report of exempted property

709

710

711

712

51. Order allowing account and discharging trustee

48. Trustee's return of no assets.

49. Account of trustee

50. Oath to final account of trustee

52. Petition for removal of trustee

53. Notice of petition for removal of trustee

54. Order for removal of trustee.

55. Order for choice of new trustee.

56. Certificate by referee to judge

57. Bankrupt's petition for discharge

58. Specification of grounds of opposition to discharge

713

714

715

715

716

716

717

717

718

718

720

INDEX.

ADMIRALTY.

1. Where the stipulated compensation in a salvage contract is dependent
upon success it may be made for a larger compensation than a quantum
meruit and much more so when such success is to be achieved within a
limited time; and such contract, after execution, will not be set aside
simply because the compensation is excessive, unless shown to have
been corruptly entered into, or made under fraudulent representations,
a clear mistake or suppression of important facts, in immediate danger
to the ship, or under other circumstances amounting to compulsion, or
when its enforcement would be contrary to equity and good con-
science. The Elfrida, 186.

2. Many leading cases in this country and some in England, where salvage
contracts have been set aside, and compensation awarded in propor-
tion to the merits of the services, examined, and shown to establish
(1) That the courts of both countries are in entire accord in holding
that a contract of salvage, which the master has been corruptly or
recklessly induced to sign, will be wholly disregarded; (2) that
some of the American courts have also laid down the rule that all
salvage contracts are within the discretion of the court, and will be
set aside in all cases where, after the service is performed, the stipu-
lated compensation appears to be unreasonable, to which this court is
unable to give its assent; (3) that while in England there has been
some slight fluctuation of opinion, by the great weight of authority,
and particularly of the more recent cases, it is held that if the con-
tract has been fairly entered into, with eyes open to all the facts, and
no fraud or compulsion exists, the mere fact that it is a hard bargain,
or that the service was attended with greater or less difficulty than
was anticipated, will not justify setting it aside. Ib.

3. Where no circumstances exist which amount to a moral compulsion,
such a contract should not be held bad simply because the price agreed
to be paid turned out to be much greater than the services were actually
worth.

Ib.

4. On the continent of Europe the courts appear to exercise a wider dis-
cretion, and to treat such contracts as of no effect if made when the
vessel is in danger, but this court cannot accept this as expressing the
true rule on the subject. Ib.