bound to contribute to salvage. But, in the case of a vessel which was taken on her voyage from New-Castle to London, where a seaman was sent by the captors to France, and the vessel was afterwards retaken, and completed her voyage, Sir Wm. Scott dismissed the claim for his wages, because he did not remain on board, and a substitute was procured in his place; inasmuch as (he remarked) nothing was more clearly ascertained, than that the act of capture by an enemy, destroyed every right and interest of such nature. It is observed, he continued, that the recapture revives this former interest; in this case, however, there is one circumstance which makes a material dif. ference; that is, that at the time of the recapture, the claimant was not on board. (ƒ)

By an act of the British Parliament, the master is to keep a book for the purpose of entering the penalties and forfeitures incurred by the mariners, and to be deducted from their wages ; which he, and two or more of his officers are to subscribe; and only when such forfeitures are regularly entered in the said book, is he authorized to make a deduction of them. (g)

Whoever does not assist in defending the ship against pirates, in England, forfeits his wages. (h)

In England the King's Bench and Admiralty, have the decision of all questions relating to seamen's wages; the jurisdiction of the Common law Court can in this case be exercised only by suit against the person; but the jurisdiction of the Court of Admiralty, may be exercised by process against the ship. Still the limits of jurisdiction between these two courts, are not defined with sufficient accuracy. (i)

Claims for seamen's wages in the Admiralty, are limited

(f) Robinson, 4vol. 145.

(g) By St. 11 & 12, Will. 3. c. 7. § 17.

(h) 22 & 23 Car. 2. cap. sect. 7,

(i) Abbott, s. page 528.

within six years, and in case of disability, within six years after the disability shall be removed. (k)

If a ship was wrecked, and a month had been commenced, according to an ancient maritime law, the wages, if they could be recovered at all, were due for the whole month.

For the spirited defence of the vessel against pirates, the Russian law awards a recompense to the parties, similar to that in vessels of war. (1) So the Hamburg laws. (m)

Of all modes of proceeding in suits between the owners and master, or the ship's crew, or between the latter and the master, or between these and the pilot and salvors, the Altona law of April 16th, 1777, furnishes the most effectual. It prescribes that differences of that nature are to be brought to close within a limited term; and if not during the ordinary, at an extraordinary session of the court; that the proceedings are to be had verbally, and no delay but from proveable necessity; that the only appeal shall be by petition to the appellant court; (1) that claims for wages are to be prosecuted within three, other claims within eight days, and but short continuances granted; that if the claim be for wages, the right of appeal can have no suspensive operation, if the mariner can find security de in eventu restituendo; to refund, if the decree be reversed.

Nothing is more to be regretted, than the inconsiderate waste of the hard-earned pittance of sea-faring men. In seaports it is mostly deposited in the safekeeping of landlords, who (with very few exceptions) when the seamen cannot write, mark as is

(k) Abbott, page 539.

(1) Russisches seerecht, 113. (m) Langenbeck, page 101.

(1) i. e. To the court of appeal in the first instance, and not to the Supreme court of Appeals, which has further conusance of cases in errour from this first court of appeal, in cases of a different description from the above.

town.

proverbially said, with a three fingered chalk; and furnish occasion for further prodigality among the publick brothels of the For the most part they are in debt with these landlords for their clothing, constituting them, in a manner, their body guards. The determinations of a sailor, however honest and firm, may be overruled if he fall into the hands of one of these landlords, and his whole earnings are squandered. Wherefore, private institutions are to be recommended; such, perhaps, as the one which now subsists in Altona; (n) where seamen may deposite upon interest, any sum between 25 and 500 marks, which is again lent out in larger sums upon sufficient securities, and an account thereof rendered to the publick quarterly. Such seamen should at all times, without further notice, be enabled to regain their money, upon remission only of the last quarter's interest, as in Altona. The Shout (beforementioned) or whoever has the settlement of of the on payment and wages, before the men return to their landlords, might furnish them with the printed plan of such institution, with a preface something in the nature of Franklin's advice to tradesmen. As in case of the death of seamen (particularly in national vessels) large sums, in England and other countries, are lost to the heirs of such deceased, because they are either uninformed of it, or cannot sustain the costs of a claim for the recovery of them; every seaman should, before each voyage, note the name and residence of his presumptive heir, which is to be registered, and left with him who procured his engagement, to further in case of his

same,

(n) The author in a memorial to the "Institution for the support of indi gent tradesmen," recommended an additional arrangement for the benefit of servants, mariners and others, which was accordingly adopted, and now con tains 60,000 rix dollars, in small sums, at 3 per cent. interest, which are re deemable upon notice; and which, notwithstanding the adoption of govern. ment money, has uninterruptedly redeemed its deposites and interests in silver.

death, the recovery of what may be due him, without unnecessary costs.

The Ordinance of Bilbao requires the master, on this return, to give an account of his crew, (0) and to pay off those who are on board, within eight days after discharge of the cargo. (p)

CHAPTER III.

VOYAGE PAPERS, RELATING TO THE CREW.

Books of General Reference.

Code des Prises et de Commerce de Terre et de Mer, par DuFRICHE FOULAINES, à Paris, 1804. 2 T.

This work and the 2d part of the Handbuch des Seerechtes, contain the most important French decisions relative to the muster-roll, as connected with the present chapter. These decisions were at first issued singly from the government press in Paris, and were subsequently collected for the author by the President of the Council of Prize.

THE voyage papers relating to the crew, consist of:—1. The Articles between the master and the crew. (1) Of these we have treated above. They constitute the law of the parties in relation to the particulars contained in them. They are unimportant as respects prize regulations; except that in French

(1) Right of the seamen to wages is not founded on the articles, but on the services rendered. 1 Bees. Ady. Rep. 395. If a seaman be shipped by the owner, the master, if he receives him, becomes liable for his wages, because the admission of his serivces is an adoption of the contract. 1 Dallas, 392. Lex. Merc. Am. 154.