Chapter XII: Seamen--Concluded

Recovery of wages. Interest on wages. Salvage.

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.

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.

Yet seamen may entitle themselves to salvage for services performed on board their own vessel, if clearly beyond the line of their regular duty; as, when the crew rise and rescue the vessel from the enemy after she has been taken.[272] So, where a ship was abandoned at sea, and one or two men voluntarily remained behind, and by great exertions brought her into port.[273] If an apprentice is a salvor, he, and not his master, is entitled to the salvage.[274] If one set of men go on board a wreck, but fall into distress and are relieved by others, they do not lose their claim for salvage, but each set of salvors shares according to the merit of its services. If the second set take advantage of the necessity and distress of the first salvors to impose terms upon them, as, that they shall give up all claim for salvage, such conditions will not be regarded by the court.[275]

[272] 1 Pet. Ad. 306.

[273] 2 Cr. 240. 1 Pet. Ad. 48.

[274] 2 Cr. 240. 2 Pet. Ad. 282.

[275] 1 Sumner, 400.

End of Project Gutenberg's The Seaman's Friend, by Richard Henry Dana