The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant serviceDana, Richard Henry
Science
The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant service
Dana, Richard Henry
Maritime law; Merchant marine; Naval art and science; Naval art and science -- Dictionaries; Seamanship
RECOVERY OF WAGES.--A seaman has a threefold remedy for his wages:
first, against the master; secondly, against the owners; and, thirdly,
against the ship itself and the freight earned.[251] He may pursue any
one of these, or he may pursue them all at the same time in courts of
admiralty. He has what is called a _lien_ upon the ship for his wages;
that is, he has a right, at any time, to seize the vessel by a process
of law, and retain it until his claim is paid, or otherwise decided
upon by the court. This lien does not cease upon the sailing of the
ship on another voyage; and the vessel may be taken notwithstanding
there is a new master and different owners.[252] A seaman does not lose
his lien upon the ship by lapse of time. He may take the ship whenever
he finds her; though he must not allow a long time to elapse if he has
had any opportunity of enforcing his claim, lest it should be
considered a stale demand. In common law courts a suit cannot be
brought for wages after six years have expired since they became due.
This is not the case in courts of admiralty.[253]
[251] Bee, 254. 2 Sumner, 443. 2 Gall. 398.
[252] 2 Sumner, 443. 5 Pet. R. 675.
[253] 2 Gall. 477. Paine C. C. 180. 3 Mason, 91.
The lien of the seaman for wages takes precedence of every other lien
or claim upon the vessel.[254] The seaman's wages must be first paid,
even if they take up the whole value of the ship or freight. The wreck
of a ship is bound for the wages, and the rule in admiralty is, that a
seaman's claim on the ship is good so long as there is a plank of her
left.[255] If, after capture and condemnation, the ship itself is not
restored, but the owners are indemnified in money, the seaman's lien
attaches to such proceeds.[256]
[254] Ware, 134, 41.
[255] Sumner, 50. 1 Ware, 41.
[256] 5 Pet. R. 675.
Besides this lien upon the ship, the seaman has also a lien upon the
freight earned, and upon the cargo.[257] He may also sue the owner or
master, or both, personally. They are, however, answerable _personally_
only for the wages earned while the ship was in their own hands.[258]
But a suit may be brought against the _ship_ after she has changed
owners.[259]
[257] Ware, 134. 5 Pet. R. 675.
[258] 11 Johns. 72. 6 Mass. 300; 8 do. 483.
[259] 5 Pet. R. 675. 2 Sumner, 443.
A seaman does not lose his lien upon the vessel by taking an order upon
the owner.[260]
[260] Ware, 185.
After a vessel is abandoned to the underwriters, they become liable for
the seamen's wages, from the time of the abandonment.[261]
[261] 4 Mason, 196.
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