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
If, at the end of the voyage, the crew are discharged and not retained
to unload, their wages are due immediately;[262] but they cannot sue in
admiralty until ten days after the day of discharge.[263] If they are
retained to unload, then the owner is allowed ten days from the time
the cargo is fully discharged. If, however, the vessel is about to
proceed to sea before the ten days will elapse, or before the cargo
will be unloaded, the seaman may attach the vessel immediately.[264] If
the owner retains his crew while the cargo is unloading, he must unload
it within a reasonable time. Fifteen working days has frequently been
held a reasonable time for unloading, and the ten days have been
allowed to run from that time.[265]
[262] Ware, 458. Dunl. Ad. Pr. 99. 1 Pet. Ad 165, 210.
[263] Act 1790, ch. 56, §6.
[264] Do.
[265] 1 Pet. Ad. 165. Abb. Shipp. 456, n.
The longest time allowed by law for unloading vessels is twenty days,
if over 300 tons, and ten days, if under that tonnage. Probably seamen
would not be held bound to the vessel for a longer time than is thus
allowed by law for unloading.
INTEREST ON WAGES.--In suits for seamen's wages, interest is allowed
from the time of the demand; and if no demand is proved, then from the
time of the commencement of the suit.[266]
[266] 2 Gall. 45.
SALVAGE.--If a vessel is picked up at sea abandoned, or in distress,
and any of the crew of the vessel which falls in with her go on board,
and are the means of saving her, or of bringing her into port, they are
entitled to salvage.[267] In this case, all the crew who are ready and
willing to engage in the service are entitled to a share of the reward,
although they may not have gone on board the wreck.[268] The reason is,
that where all are ready to go, and a selection is made, there would be
injustice and favoritism in allowing any one the privilege more than
another. Besides, those who remain have an extra duty to perform in
consequence of the others having gone on board the wreck.[269]
[267] Ware, 477. 1 Pet. Ad. 306.
[268] Ware, 477. 2 Pet. Ad. 281.
[269] 2 Dodson, 132.
Crews are not ordinarily entitled to salvage for services performed on
board their own vessel, whatever may have been their perils or
hardships, or the gallantry of their services in saving ship and
cargo;[270] for some degree of extra exertion to meet perils and
accidents, is within the scope of a seaman's duty. In case of
shipwreck, however, where, by the general law, wages are forfeited, the
court will allow salvage, considering it as in the nature of wages due.
In one instance salvage was refused to a part of a crew who rescued the
ship from the rest who had mutinied; for this was held to be no more
than their duty.[271]
[270] 10 Pet. R. 108. 1 Hagg. 227.
[271] 2 Dods. 14.
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