The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1823-05-07


tho ten days, according to The Different drnes
when the connexion Of sesmen with tho ship
may be dissolved, whether by the ezpiFalion
oi their engagement; according TO its iefms,
or by their being previously voluntarily dis.
chuged. The general pIineip pie is admitted,
that The end oi the voyage is The period when
the weges arc cue, convenient respite being
given from that periot, before psymen, shall
be exscsed by admiralty process but am
not prepared 10 say that, IN oil Instances, the
end ol ,he voyage is at the arrival OF the YES.
seh he end Of the yeysge, contemplated
by the statute, eppeas TO be when tie cargo
or ballast shall be discharged. 10 that peri
od The sesDeD ni,y be required 10 remain al.
tscbed to the ship srd It's service, and such
usually Is their contract, in exp,ess terms.
WhtG seanen are thus retained in service,
alter the arrival OF the vessel, their wtges: OF
course, are continued, commensurate with
theh engagement; and there IS 90 hardship
10 such case, ~ defetring the commencement
OF the ten days TO the dl:charg. of the cargo.
But tho engagement may be terminated ear.
lier, snd sesmen ale otlen discharged with
their own consent on the arrival Of the vessel,
or Sery soon afterwards. In such instances
il would be inoniles,iy unreasonable to require
them 10 wait un,il ten csys after the discharge
of the cargo before lhey shovld be enobed ,c
CONNIE nee admiralty process Tor tker wages,
" they should be virnholdeD, there should
be dispute on the spbiec, Tho statute ap-
pen,s TO me TO have Omitted the consideration
OF such eiIcum,tance, ,bough it be now oi
very frequent occurrence The oct there
lore in my estimation is rather defective ,nsu
obscure. In case within The term OF II we
are 10 DO governed by It's directions buI IN
a case OF different character courts having
jurisdiction oo the subject matter; indepsn.
dent OF the statute, ore al liberty 10 adop,
reasonable reg ulation, which, however, should
be eon,tructgd, IS aea, y as the case will ed.
init, in conformity TO that portion OF The stat
ute which contains plain directory Or this
principle I have considered, tha, when sea-
mon are discharged before The cargo Is unla
den, they have q right to commence their
process within ten d-ys after such discharge,
provided the vessel should be hen unladen
if not then unladeD, fifteen working days from
the titne OF the arrival have been allowed for
that purpose. Those seamen who are retain
ed until the ves,e! he discharged, have been
holden not 10 bc entitled 10 commence sui,
for their wages, until ten days after The cargo
working days, which has been considered to
10 a reasonable time for uni.JiDg.
The ordinary character Of he eneagemen nt
conte mpIa,ed by me salute, rs its extension
TO the uniading Of the cargo. II it be ebridg-
ed by mu,uai con,ont, such sbridgemen,, 10y
fair intet p'cta,ion, inplies end edmits, in my
opinion, a correspondent anticipation Of the
ten days respite given by the law
In ,hs prasenr case, though The libelan;
ws,ed syfors than ten days before tho suit was
commenced, yet tho vessel was NOT OF tbst
time unlsden, nor hsd fifteen day, elapsed
from the ume Of her Hrrsah l must there.
fo's IN confor nifty 10 pest practice in such ca
! ses, prosouuce that the suit was prems,ure,
end ,hs, The libsi be dismissed. or j, may be
| sustained without cost. TO The !bellant il the
responder, wayo The objections.
Though l think the respondent entitled TO
claim ths dispose. Of the csse, and that J can
not deny IL consistently with formcr decisions 4,
yet mus, sid, th0t am not ahoge,he, ss'is
fed with tho distinclion, ,e,Ul,ing from the
,ae be,ween those sesmsn who ere retained
Until tho vessel be uOisden, and those who
are previously discharged. Men of the latter
description are, by the operation Of tn. rule,
subjected toa longer delay, without being un.
dst pay, before they Gao demsnd their wages,
ihr1 hose who are retained in service until
the opading DO completed. I think it proper
therefore, to eoDouncs that shall in future,
on process in be bali OF sesrsn voluntarily dis.
charged, dismiss q consideration OF The cir.
cuns,ance whether tho vessel be unaden,
and shall susisin the sui, If the wsges be no,
paid within ten days from euch discharge.
Thus both descriptions Of seamen will be on
the .eme footing, as respects delay without
compensation siter their wages are due. The
merchant or sbipmas,er Cannot teasonsby
complain Of this arrangement. They s'e not
bound to discharge Tbs men imme disreiy on
the arrival Of the vessel, end il in ,h.ir opin.
ion, delay OF ten days be not sufficient time
In mske tho arrangements which the circum'
stances OF the voyage and the cnnduc, OF the
men may require, It is in thsi, power to ex-
tend the term, by retaining the men in SER
Vice for uolsding the vessel but wages are
considered ~ due under such detention q, the
expiration Of fifteen eorking days, and suit
IN Admiralty may DO commenced IL the wa
ges be not paid wirhn ton dsys aterwa,ts