History of merchant shipping and ancient commerce, Volume 3 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 3 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
In order to institute suits in the Courts of Admiralty in the United
States it is necessary that the voyage should be on tidal waters, and
that the service on which suit is brought should be connected with
commerce and navigation. The jurisdiction of those Courts in America
extends to personal suits, and includes claims founded in contract and
in wrong, and also those cases where claims, founded in a hypothecary
interest of the nature of a lien, are urged and adjudicated upon.
Their jurisdiction extends, moreover, to those cases in which shares
of fish, taken on the Bank and other Cod-fisheries, and of oil in the
Whale-fishery, are claimed; and, as in English Courts, the seaman may
unite his claims, though founded on distinct contracts, in one suit,
but this only when demanding wages. The Courts of Common Law in the
United States also take cognizance of mariners’ contracts, but they are
not competent to give a remedy so as to enforce the mariner’s lien on
the vessel; hence, they confine their jurisdiction to personal suits
against the master or owner, in accordance with the contract made with
the seaman; but, in cases of tort committed on the high seas, and where
the form of action is trespass, or a special action, the common law has
concurrent jurisdiction.
The laws of the United States[14] expressly provide that the crews of
merchant vessels shall have the fullest liberty to lay their complaints
before their consuls abroad, and shall in no respect be restrained
therein by any master or officer, unless some sufficient and valid
objection exist against their landing, in which case it is the duty of
the master to apprize the consul forthwith, stating the reason why the
seaman is not permitted to land; whereupon, the consul must proceed on
board, and act as the law directs. In all cases where deserters are
apprehended the consul is required to investigate the facts, and, if
satisfied that the desertion was caused by unusual or cruel treatment,
the mariner shall be, in such case, not merely discharged, but shall
receive, in addition to his wages, three months’ pay, and the whole act
is required to be entered upon the crew-list and shipping articles,
with full particulars of the nature of this treatment. Any consul or
commercial agent of the United States neglecting or omitting to perform
his duties, or guilty of malversation or abuse of power, is liable
to an action from the parties aggrieved; and, for corrupt conduct in
office, he is liable to indictment, and on conviction may be fined from
one to ten thousand dollars, and be imprisoned not less than one, or
more than five, years.
[Sidenote: Laws with reference to pilots.]
Public-domain text, read in full here on John Shaqi.
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