The general rule is, that a seaman's wages are secure to him whenever the vessel has earned any freight, whatever may afterwards happen. And a vessel earns freight at every port where she delivers any cargo. For the benefit of seamen a vessel is held to earn freight whenever she goes to a port under a contract for freight, though she go in ballast.[239] A seaman also secures his wages wherever the ship might have earned freight but for the agreement or other act of the owner.[240] If a vessel is on a trading voyage from port to port, and is lost on the homeward pa.s.sage, wages would probably be allowed for the outward pa.s.sage, and for half the time she was engaged in trading with the old or new cargoes; the trading and going from port to port being considered the same as though she had been lying in port all the time, and discharging and receiving cargo. Or else, wages would be given up to the last port at which she took in any return cargo, and for half the time she was lying there.[241]

[239] 2 Mason, 319. 1 Pet. Ad. 207.

[240] 3 Sumner, 286. 2 Mason, 319. 2 Hagg. 158.

[241] Pet. C. C. 182. 2 Pet. Ad. 390.

These rules apply only to cases where the voyage is broken up by inevitable accidents, as by perils of the seas, capture, war or superior force. If the voyage is broken up by the fault of the seamen, they lose all their wages. If, on the other hand, the seamen are compelled to leave, or the voyage is broken up by the fault of the master or owner, as by cruel treatment, want of provisions, or the like, the crew would be justly ent.i.tled to wages for the whole voyage contracted for. If the vessel is sold, or the voyage altered or abandoned by the master or owner, not from inevitable necessity, but for their own interest and convenience, then the crew are ent.i.tled, by statute, to wages for all the time they were on board, and two months'

extra pay.[242] And, by the general law, they would always receive some extra wages as a compensation for the loss of the voyage, and as a means of supporting themselves and procuring a pa.s.sage home; or, perhaps, full wages for the voyage.[243]

[242] Act 1803, ch. 62, --3.

[243] 2 Pet. Ad. 264. Bee, 48. 2 Gall. 182. 3 Johns. R. 518.

WAGES ON AN ILLEGAL VOYAGE.--A seaman has no remedy for his wages upon an illegal voyage; as, for instance, in the slave trade.[244] Wages have, however, been allowed, where it was proved that the seaman was innocent of all knowledge of, or partic.i.p.ation in, the illegal voyage.[245]

[244] 9 Wheat. 409. 6 Rob. 207. 2 Mason, 58. Edw. 35.

[245] 9 Wheat. 409.

WAGES AFFECTED BY DEATH OR DISABILITY.--If a seaman dies during the voyage, wages are to be paid up to the time of his death.[246] A seaman is ent.i.tled to all his wages during sickness, and during any time he was disabled from performing duty. But if his sickness or disability is brought on by his own fault, as by vice or wilful misconduct, a deduction may be made for the loss of his services.[247] So, where the death of a seaman was caused by his own unjustifiable and wrongful acts, his wages were held forfeited.[248] If a seaman, at the time he ships, is laboring under a disease which incapacitates or is likely to incapacitate him during the voyage, and he conceals the same, no wages will be allowed him, or a deduction will be made from them, according to the nature of the case.[249] If, in consequence of sickness, a seaman is left at a foreign port, he is still ent.i.tled to wages for the whole voyage.[250]

[246] Bee, 254, 441.

[247] 1 Pet. Ad. 142, 138.

[248] Do. 142.

[249] 2 Pet. Ad. 263.

[250] Bee, 414. 2 Gall. 46. 1 Pet. Ad. 117.

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 Ma.s.s. 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 ent.i.tled to salvage.[267] In this case, all the crew who are ready and willing to engage in the service are ent.i.tled 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.