A Treatise On the Rights And Duties of Merchant Seamen According to the General
A Treatise On the Rights And Duties of Merchant Seamen According to the General
George Ticknor Curtis
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2, p. 152. • Taylor \. The Cato, 1 Telcrs's Adin. R. 18. Giles v. The Cynthia, 2 Ibid. 203. Chnjton v. The Harmony, Ibid. 70, 79. Weeks v. The Calha- rina 3fanV/, Ibid. 124. In tbosc cases, it is intimated that there may be a claim for compensation beyond wages, if the property saved warrants it. • Adams V. Tha Sophia, Gilpin's R. 77. Drachclt v. The JlcrculcSy Ibid. 184. 286 WAGES IJN CASE OP' SIIirvVllECK. m'^ by wajof salva«j;o. ' Jii (he District Court for Maine, Judfio Warr lias rccoiiiiis...ed the doctrine that tlie wreck is })ledi2, c{l h\ \\\c inaritiinc ]a\\ (or tlie paynnnitof wa^es; but Uv holds that the seamen arc not enlitled, if the ma- terials are saved by other persons; that the original con- tract l)V wliich the seaman is bound to the vessel, is not dissolved 1)\ the shi[)wreck, as long as the seamen re- main by it, but tiiat it is dissolved, if they abandon it.^ In the Circuit Court for the District of Massachusetts, the allowance was j)ut upon the ground of salvage, ado})ting the wages earned as a measure, in ordinary cases, leaving an additional recompense to be made for cases of extraordinary merit.^ The court intimated, however, that it might be more consistent with the prin- ciple of the rule, that the earning of wages shall depend on the earning of freight, to hold that the case of ship- wreck constituted an exception from the rule, and that the claim to wages was fully supported by the maritime policy on which the rule itself rests.^ This doctrine was subsequently asserted by Lord Stowell, in an elaborate judgment, in which he held that the original contract was not dissolved by the shipwreck ; that the duty is im- perative to remain by the wreck, and that the lien for w^ages attaches upon a part, as well as the whole of the * Frothingham v.
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