Seamen's Wages. General Principles. prescribing the time within which mariners should proceed to enforce their lien for wages. The Mary, 1 Paine's C. C. R. 180. common law of consolidating actions founded on | maritime law, either of England or this country, the same policy of insurance. The act of congress adopts and sanctions the practice. Ibid. 291. The claim of seamen for wages on a voyage undertaken in violation of the laws of the United States against the slave trade, out of the proceeds of the vessel, which had been forfeited, was not allowed. The St. Jago de Cuba, 9 Wheat. 409; 5 Cond. Rep. 631. 292. But where the seamen, and others who had liens, were ignorant of the illegal voyage, their claims were preferred to those of the government on the ground of forfeiture. Ibid. 293. If seamen are entitled to wages from a vessel captured or detained, they are not bound to contribute towards the expenses of procuring the release of the vessel, unless in case of ransom or recapture. The Saratoga, 2 Gallis. C. C. R. 182. 294. If the voyage or freight be lost by the negligence, fraud, or misconduct of the owner, or master, or voluntarily abandoned by them; if the owner has contracted for freight upon terms or contingencies differing from the general maritime law; or if he has chartered a ship to take a freight at a foreign port, and none is to be earned on the outward voyage; in all these cases the mariners are entitled to wages, although no freight has accrued. Ibid. 175. 304. A forbearance by seamen to libel a vessel at the port where they are discharged, before the end of the voyage, does not amount to a waiver of their lien, as against a subsequent bona fide purchaser. Ibid. 305. A vessel sailed on a voyage from New York to New Orleans, and back. She remained at New Orleans more than a year after her arrival, waiting for freight. Not obtaining any, the master discharged the seamen, whom he persuaded to return with him, in another vessel, to New York, to get their wages. Afterwards, while the ship was at New Orleans, she was sold, went a voyage to Liverpool, and thence to New York. Held, that the seamen could libel her on her arrival at New York, and that they were entitled to their full wages, to the time of their return to that port. Ibid. 306. The expense of curing a sick seaman in the course of the voyage, is a charge on the ship by the maritime law; and in this charge are included, not only medicines and medical advice, but nursing, diet, and lodging, if the seaman be carried ashore. Harden v. Gordon et al., 2 Mason, 541. 295. The words "or elsewhere," in the ship- 307. The act of congress of July 20th, 1790, ping articles, are either void from uncertainty, ch. 56, for the government and regulation of under the act of congress regulating seamen in seamen in the merchant service, has not changed the merchant service, or are to be construed the maritime law, except, perhaps, so far as resubordinate to the principal voyage stated in the spects medicines and medical advice, when there articles. Brown v. Jones, 2 Gallis. C. C. R. 477. is a proper medicine chest and medical directions 296. The statute of limitations of Massachu-on board the vessel. The charges for nursing setts applies only to suits at common law for and lodging are not affected by the act. mariners' wages, and not to suits in the admiralty. Ibid. 297. In suits for seamen's wages, interest is allowed from the time of the demand; and if no demand is proved, from the time of the commencement of the suit. Gammell v. Skinner, 2 Gallis. C. C. R. 45. 298. Seamen's wages on an illegal voyage, are not a lien on the ship. The Langdon Cheves, 2 Mason's C. C. R. 58. 301. The lien of mariners for their wages has no analogy to the common law lien, as regards the possession of the subject. Ibid. 302. Seamen have a lien prior to that of the holder of a bottomry bond, for their wages, but the owners are also personally liable for such wages; and if the bottomry holder is compelled to discharge that lien, he has a resulting right to compensation against the owner, in the same manner as he would have if they had previously mortgaged the ship. The Virgin, 8 Peters, 538. 303. No rule has ever been adopted by the Ibid. 308. The onus probandi in respect to the sufficiency of the medicine chest lies on the owner, in an action by the seaman against him. Ibid. 309. The court of admiralty has jurisdiction to enforce the payment of these expenses by a libel; for they are in the nature of additional wages during sickness. Ibid. 310. A stipulation that the seamen shall pay for medical advice and medicines, without any condition that there shall be a suitable medicine chest, &c., is void, as contrary to the policy of the act of congress. Ibid. 311. It seems that no stipulation, contrary to the maritime law, to the injury of seamen, will be allowed to stand, unless an adequate additional compensation be given to them. Ibid. 312. A receipt in full, given by a seaman, is open to inquiry and explanation: a settled account for wages, &c., is not conclusive evidence, but may be surcharged and falsified. Ibid. 313. Where a slave was illegally discharged abroad, the owner received full wages up to the time when he might have returned to the United States. Emerson v. Howland, 1 Mason's C. C. R. 45. 314. If the master of a ship, after the com. mencement of a voyage, be taken sick, and un. able to proceed, and a new master is appointed, the shipping contract with the seamen is not dissolved. United States v. Hamilton, 1 Mason's C. C. R. 443. Seamen's Wages. General Principles. 315. Where seamen had forfeited their wages | entitled to wages, subject to a contribution to by misconduct in the voyage, and afterwards the ransom. Girard v. Ware, 1 Peters' C. C. R. earned wages, the court held, 1st. That the ad- 142. vance of wages stipulated in the articles should be a charge on the forfeited wages. 2d. That money advanced on the voyage, &c. for clothes, and not stipulated for, should be a charge on the unforfeited wages. 3d. That the hospital money should be apportioned, pro rata, on the wages for the whole voyage. The Mentor, 4 Mason's C. C. R. 102. 316. Where an American seaman is discharged in a foreign port by the master, he may recover, in a libel, the three months advance authorized by the act of congress of 1803, ch. 63, if the same have not been paid to the consul abroad, to be distributed according to the law. The onus probandi, to show the payment abroad, is on the master. Orne v. Townsend, 4 Mason, 541. 325. When a vessel is lost on her homeward voyage, full wages are due to the seamen to the last port of delivery of the outward voyage, and half wages from that time until her departure from her last port of departure, at which her return cargo was taken on board. The time of her going from port to port to obtain a cargo, being considered the same as if she had remained at her port of delivery and taken a cargo there. Thompson et al. v. Faussat, 1 Peters' C. C. R. 182. 326. Retaining seamen on board, after the termination of the voyage for which they shipped, amounts to a new contract for the return voyage, on the same terms as the outward voyage. Ibid. 327. Seamen of the United States, put on 317. If a mariner, shipped for a cruise, be dis- board a vessel of the United States, by a consul abled, and leave the privateer by common con- in a foreign port, are within the act of April sent before the cruise has commenced, he is not 30th, 1790, ch. 36, and are bound by the same entitled to a share of prizes. Ex parte Gid-regulations as exist as to articled seamen. dings, 2 Gallis. C. C. R. 56. S. v. Sharp et al. 1 Peters' C. C. R. 118. 318. But if disabled on the cruise, and so if on board a merchant vessel, he would be entititled to a full share or full wages for the voyage. Ibid. 319. The crew of a ship who have signed shipping articles for the voyage under a particular master, without any clause providing for a change of master, are not discharged from the articles by the dismissal of the master by reason of sickness, or any other reasonable cause, and the appointment of a new master. They are bound to obey the new master. The United States v. Ruggles, 5 Mason's C. C. R. 192. 320. If the shipping articles are to the final port of discharge, the voyage is not ended until the cargo is wholly unladen. The owner may order the vessel from port to port until the whole cargo is discharged. The United States v. Barker, 5 Mason's C. C. R. 404. 321. Port of destination and port of discharge are not equivalent words. Some cargo must be unladen to make the port of destination the port of discharge, or an actual termination of the voyage there. Ibid. 322. The master has authority to displace the mate and all other subordinate officers during the voyage. If he abuses his authority, he is responsible for the wrong. The mate is a seaman, within the crimes act of 1790, ch. 36, sec. 12. The United States v. Savage, 5 Mason, 460. 323. A seaman whose feet are frozen while in the ship's boat, in the service of the ship, before he is discharged from the ship on the return voyage at the home port, is entitled to be cured at the ship's expense; and it is a charge to the ship. Reed v. Canfield, 1 Sumner's C. C. R. 195. 324. Seamen forcibly put on shore by the captors, from a vessel which was afterwards ransomed, and arrived at her place of destination, navigated from the place of capture by a new crew, the owner not having given the original crew an opportunity to join the vessel, are VOL. I.-8 U. 328. A mariner shipped to go as mate, from Philadelphia to Batavia, and back again, at a certain rate per month; and performed the voyage to B. where he died: Held, that his representatives were entitled to recover the same amount of wages that he would have been entitled to receive, had he performed the voyage back to Philadelphia. Sims v. Jackson, 1 Wash. C. C. R. 414. 329. The master of a vessel, while at sea, has a right to give a mariner moderate correction for misbehaviour; and in case of resistance, or of mutinous conduct, may suppress it in the best way he can, and therefore may use a greater degree of force than for misbehaviour merely. United States v. Wickham, 1 Wash. C. C. R. 316; 3 Day's Rep. 294; Bee's D. C. R. 161, 184. 330. To entitle a seaman to recover wages, he must prove not merely that he signed the shipping articles, but also that he performed the voyage, or a legal excuse for not having done so. Wilcocks v. Palmer, 3 Wash. C. C. R. 248. 331. Mariners are not compelled, unconditionally, to obey the orders of the captain; they are bound to protect the property of the owners, and they should remonstrate against improper commands. If they do this, they are excused from contribution for loss, arising from improper acts. Fogerty v. Pratt, 2 Hall's Law Journal, 238. 332. If the owner of the vessel, from tempting offers of high freight, or from any interest in the profits of the adventure, should be induced to make his contract for freight variant from the ordinary course of such engagements, such a contract will not create a similar dependence of the seamen's wages on the freight, unless it were distinctly stated to them, and the condition expressed in the shipping articles. Rand et al. v. The Hercules, 6 Hall's Am. L. Jour. 21. 333. A seaman, as such, has no possession of the vessel, and his claim for wages is, perhaps, incorrectly termed a lien. It is rather a right to 335. The rules and principles of other maritime countries govern the maritime courts of the United States. If by our own municipal laws there are rules established, the courts of admiralty of the United States are bound to obey them. But in cases where no such rules are instituted, we must resort to the maritime regulations of other maritime countries, which have stood the test of time and experience, to direct our judgment as rules of decision. Ibid. 106. 336. Where the voyage of a foreign ship ends in the United States, or is broken up here, and no treaty or compact designates the mode of proceeding, suits may be prosecuted here. In such cases, the determination should be according to the law of the country to which the ship belongs. Ibid. 337. A sailor dying during the voyage, his heirs are entitled to full wages. If killed in battle they shall have a share of all prizes taken during the cruise. Hart v. The Little John, 1 Adm. Decis. 119. 338. Where freight is recovered, wages reattach. But seamen must contribute a portion of salvage paid for recapture. Ibid. 121. 339. Freight is the fund for seamen's wages; and seamen participate in the risks attending earning it. Howland v. The Lavinia, 1 Adm. Decis. 125. 340. While seamen remain on board they are entitled to wages. The Brig Elizabeth, 1 Adm. Decis 129. 341. An American seaman impressed, or carried off by pirates, and the vessel permitted to proceed, is not entitled to wages. The Brig Rose, 1 Adm. Decis. 132. 342. Where a mariner is carried off, and the ship sinks after the capture for adjudication, the seaman, as to wages, shares the fate of the ship. Ibid. 133. 343. Impressed mariners must look to the government of their country for redress. Ibid. 134. 344. Mariners who have been carried off from a neutral vessel, which is ordered in for adjudication, and the crew remaining on board effect a rescue, and the vessel regains her course, arrives at her port of destination, and earns freight, are entitled to wages for the voyage. Where a seaman is impressed, escapes and regains the vessel, full wages are allowed. So if, being impressed, he escapes and tenders his services to re-enter and perform the voyage, which is refused, he will be entitled to wages. Ibid. 345. A seaman was left sick at a foreign port, and recovered, and might have rejoined the ship, but refused; wages decreed only up to the time when he might have rejoined. The Hope, 1 Adın. Decis. 138. 346. In the shipping articles used in the United States, though wages are designated by the General Principles. month, yet the contract is entire for the voyage. The Neptune, 1 Adm. Decis. 142. 347. If a seaman shipped for the whole voyage, dies before its termination, his representatives are entitled to full wages. That another seaman was hired in lieu of the one dead, makes no difference. Walton, Adm'r. &c. v. The Neptune, 1 Adm. Decis. 142. 348. If the sickness, disability, or death of the seaman is owing to vicious or unjustifiable conduct, he or his heirs must bear the loss. Ibid. 349. The end of the voyage is the period when the wages of a seaman are due. Edwards v. The Susan, 1 Adm. Decis. 165. 350. Wages are payable in ten days from the end of the voyage; but, in some cases, fifteen days are allowed for the discharge of the cargo and payment of wages. Ibid. 351. The law warrants the moderate correction of mariners. When the crime of a sailor is too great for the master's authority to punish, the master and his officers are to seize the criminal, put him in irons, and not to take the law into their own hands, but to bring him to justice on their return. But the contract for wages is not affected. Loss or damage, accruing to the master or owner by any negligence or crime, may be set off against wages. Thorne v. White, 1 Adm. Decis. 168. 352. When a mariner is incorrigibly disobedient, and will not submit, although he offer to do duty and make amends, the master may discharge him. He may correct and confine him on board the ship, or dock him of his provisions. If he refuses, or obstinately neglects to do duty for any length of time, he does not perform his contract. Such negligence and disobedience, not temporary and fugacious, but continued, may be set off against his demand for the period during which they exist. Ibid. 353. If he is restrained from duty by confinement, he is excused from it by the act of the master, who must, on submission, accept of his services in most cases. Ibid. 354. Seamen have no right to interfere between the officers of a ship and any mariner whom they may choose to confine or punish for disorderly conduct. Instead of interfering to prevent, they are bound to assist the master to constrain, imprison, and bring to justice, any disobedient, mutinous, and rebellious mariner. The Maria, 1 Adm. Decis. 186. 355. A seaman shipped without signing articles; he must be paid at the highest rate of wages given at the port of shipment, within three months next precedent; and be subject to all the forfeitures imposed, and rules fixed, by the maritime law pre-existent to the act of congress, and not altered by the statute. The Regu lus, 1 Adm. Decis. 212. 356. Mariners, shipped for the voyage, unless provision is specially made in the articles, are not bound to unlade the ship when the voyage is completed. The voyage is ended when the vessel is safely moored at her last port of delivery. But seamen are bound to lade and unlade at any port on the voyage. The Happy Return 1 Adm. Decis. 253. General Principles. Seamen's Wages. 357. Sailors must assist in saving when the ship is wrecked. The Brig Cynthia, 1 Adm. Decis. 204. admiralty as mariners, and part of the crew. 358. A port of delivery and a port of destina-gress, in cases of failure of provisions, if the ship tion are the same in legal effect. Ibid. sail without the quantity specified in the act. The Harriet, Bee's D. C. R. 80. 359. If indulgence is given by the master as to the time when seamen are to render them- 370. Where the vessel had been sold under selves on board, according to the shipping arti- sentence of a foreign court of admiralty, at the cles, the penalties in the articles cannot be in-suit of others of the crew, and these libellants sisted upon. Ibid. had notice of the proceedings, but did not apply 360. A seaman shipped on board of a mer- for their wages: Held, that their lien on the chant vessel of the United States, without sign- vessel was at an end. The Thomas, Bee's D. C. ing articles according to the provisions of the act | R. 86. of congress. Held, that he must be paid wages according to the act; but he is entitled to all the benefits, and is subject to all the forfeitures, prescribed by the maritime law. The Ship Regulus, 1 Adm. Decis. 215. 371. Wages, decreed upon the captain's certificate that they were due, though the vessel was in port, earning freight. Such certificate is the best evidence, no articles being produced. The Mary, Bee's D. C. R. 119. 372. Seamen absent from a ship, without any fault of their own, are nevertheless entitled to full wages. The Fair American, Bee's D. C. R. 361. The agreements of seamen and shipowners to control the general provisions of the maritime law, and the act of congress, must be clear and explicit. The Lady Walterstorf, 1134. Adm. Decis. 214. 362. A part of the wages of seamen was withheld from them, to indemnify the owners for damages alleged by the owners of the goods to have arisen from negligence or misconduct of the captain or crew; which allegation was denied by the owner and master. The wages were ordered to be paid. The Ship Washington, 1 Adm. Decis. 219. 373. Seamen may be moderately corrected by the captain. This court will not interfere in the case of foreigners where they are bound by articles to submit all disputes to a home tribunal. The Aurora, Bee's D. C. R. 161. 374. The owners of a ship are liable for wages, if the vessel prove insufficient to pay them. The Kitty, Bee's D. C. R. 254. 375. If a seaman dies before the completion 363. In reference to claims by seamen for of the voyage, his representative shall have his compensation for short allowance during a voy-wages up to the time of his death, and not beage, it was decided that the navy rations furnish yond it. Ibid. a rule by which the allowance to seamen shall 376. Such is the maritime law, when the conbe determined. That an East India voyage tract is by the month. The Hazard, Bee's D. C. shall be rated as two and one-half European R. 441. voyages. That where the articles specified in 377. A captain has no power to bind his ownthe act of congress can be procured, no substi-ers and their vessel to the payment of a maritutes shall be allowed; but it is otherwise, if ner's wages for three months after his discharge, they cannot be obtained. That the master is and after all services at sea and elsewhere have the judge of the expenditure of the provisions ceased. Santissima Trinidad, Bee's D. C. R. on the voyage; that if the voyage is likely to become uncommonly procrastinated; if provisions are, by accidents, diminished in quantity; he may justifiably abridge the usual allowance. Ibid. 364. The provisions of the act of congress relative to short allowance do not apply to seamen shipped in foreign ports. Ibid. 365. Where a cargo, or part thereof, was pur chased at neighbouring ports or places, and the vessel went to one or more of them for all or part; the last port of lading and departure should be that to which the payment of wages should apply. The Belvidera, 1 Adm. Decis. 258. 366. A mariner affected with a severe pulmonic disease, shipped as an able-bodied seaman, to perform a voyage to the East Indies. He died of this complaint soon after the vessel Wages refused. The Richmond, 2 left port. 367. The mate is permitted to sue in the admiralty as a mariner, and all general rules in cases of mariners apply to him. Atkyns v. Burrows, 1 Peters' Adm. Decis. 246. 368. So the cook and steward may sue in the 353. 378. If a single mariner withholds his consent, and the cruise is broken up by the rest of the concerned, and a new cruise commenced, this must be done subject to the legal claim of the unconsenting mariner for wages or prizemoney that may accrue during the term of the first cruise for which he contracted. The Tristram Shandy, Bee's D. C. R. 414. 379. A mariner ships at Philadelphia, in time of war, for Bordeaux, and back again. While the ship is at Bordeaux, peace takes place. The ship returns to Philadelphia, which terminates the voyage. The mariner's wages shall not be lessened on account of the decrease of the risk on the homeward voyage. The Lethe, Bee's D. C. R. 423. 380. Mariners ship at Philadelphia, in January, 1783, on a voyage to L'Orient, and back again; it being a time of war. The ship falls down the river in order to commence her voy. age, but does not enter on the high seas until the 20th March, 1783. In the mean time, viz. on the 3d March, peace takes place. The mariners receive their full wages, according to con Seamen's Wages. General Principles. 28th February, 1803; the district court will, on a libel of a seaman, compel the owner to pay the three months' wages; two-thirds to the seamen, and one-third to the United States. Pool tract, from the time of signing the articles, until 392. The payment of three months' wages, under the act of 28th February, 1803, is confined to the case of a voluntary discharge of a seaman in a foreign port. Ibid. 383. The charge for a person necessarily employed in the place of a seaman who has absented himself, and who has been apprehended and detained in jail, is to be deducted from his wages. Brower v. The Maiden, Gilpin's D. C. R. 298. 384. When a vessel is detained in port by the wrongful absence of a seaman, a deduction is to be made from his wages to the amount of loss sustained. Brown v. The Neptune, Gilpin's D. C. R. 98. 385. A contract for wages on a voyage between ports of adjoining states, and on the tide water of a river, or bay, is within the jurisdiction of the district court, and may be enforced by a suit in rem in the admiralty. Smith v. The Pekin, Gilpin's D. C. R. 203. 386. A seaman who returns to a vessel, after a week's absence without leave, and continues during the rest of the voyage to do his duty, is to receive wages at the rate originally contracted for in the shipping articles, unless a new contract is explicitly made. Snell v. The Independence, Gilpin's D. C. R. 145. 387. A contract for wages on board of a steamboat, plying between ports of adjoining states, on a navigable tide river, may be enforced by a suit in the admiralty. Wilson v. The Steamboat Ohio, Gilpin's D. C. R. 505. 388. Where shipping articles have been signed by a seaman, delivered to the master, and the amount of wages payable, omitted by accident, or mistake, without fraud; it is competent for either party to show, by parol testimony, what the contract was in relation to the wages. Wickham v. Blight, Gilpin's D. C. R. 455. 393. Where articles belonging to the cargo are embezzled by the fraud or negligence of a seaman, he is chargeable for the value, and the amount may be deducted from his wages. Edward v. Sherman, Gilpin's Rep. 464. 394. Where articles belonging to the cargo are embezzled, an innocent seaman is not chargeable for the loss occasioned by the fraud or negligence of others; nor is he to contribute any portion of his wages to make it good. Ibid. 395. A seaman is chargeable for the loss of articles occasioned by his negligence, and the amount may be deducted from his wages. Brown v. The Neptune, Gilpin's D. C. R. 91. 396. Where a portion of a vessel, or her cargo, is saved by the meritorious and extraordinary exertions of the seamen, a new lien arises thereon for their wages, although the freight is lost, and the original contract annulled. Adams v. The Sophia, Gilpin's D. C. R. 79. 397. Payment and receipt on the final discharge of the cargo, is the usual and sufficient evidence of the termination of a seaman's contract for wages. Phillips v. The Scattergood, Gilpin's D. C. R. 5. 398. Where a vessel is detained by the refusal of the seamen to work, they are to be charged with the demurrage; and the portion of each seaman who refused, is to be deducted from his wages. Snell v. The Independence, Gilpin's D. C. R. 145. 399. The imprisonment of a seaman in a foreign jail, at the instance of the master of a vessel, is only to be justified by extreme necessity. Magee v. The Moss, Gilpin's D. C. R. 232. 400. If the imprisoning of a seaman in a foreign port is improper, the expenses of it, or the employment of a person in his stead, are not to be deducted from the wages of the seaman imprisoned. Wilson v. The Mary, Gilpin's D. C. R. 33. 401. Where a seaman is imprisoned for misbehaviour, he does not forfeit the wages accruing during confinement. Wood v. The Nimrod, Gilpin's D. C. R. 83. 389. The shipping articles must declare, ex- 402. The seamen have a triple security for plicitly, the ports at which the voyage is to com- their wages; the vessel, the owner, and the mence and terminate. Magee v. The Moss, Gil-master. Bronde v. Haven, Gilpin's D. C. R. 595. pin's D. C. R. 220. 390. Where shipping articles permit the master to touch at certain intermediate ports, "or as he may direct," it is no violation of his contract with the seamen, to stop at a place not named, and affords no justification to them for leaving the vessel. Wood v. The Nimrod, Gilpin's D. C. R. 84. 391. Where a voyage is broken up, without necessity, in a foreign port, and the seamen are discharged without payment, to the consul, of the three months' wages required by the act of 403. Where a seaman has been appointed to act as mate, by the master, he may be removed by the master for incompetency, and is not entitled to any other wages than those originally contracted for. The Nimrod, Gilpin's D. C. R. 87. 404. Where a seaman is detained in jail under the provisions of the act of congress of July 20th, 1790; the cost of his commitment and support there, and also the cost of a person employed in his place, are to be deducted from his wages. Pierce v. Patton, Gilpin's D. C. R. 437. |