The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1823-05-07
@Disceitanp.
From the Boston Patriot.
MARINE LAW.

Prom the Boston Patriot.
MARINE LAW.
Several important pcints IN the con,tfuc.
lion Of tho Statue Of tho United States for
The government and regulation of seamrn In
Tho merchants vice, having been lst.'y de
elded by the Hon. John Davis in the follow
ing csse, which came before him, we publish
the csse in eGffnse Cor the info, NATION Of our
mercantile friends.
POINTS DECIDED.
Ist. A mariner is entlticd 40 his wages so
soon as nc is VOLUNTARILY discharged; end, 1t
no, paid IN ten dsys afterwards, admiralty
process moy Issue TO recover them. Vide
note.
I'd. The captain may continue mariner on
wages 10 sssist in dischare'Dg the cargo, at
the las, port Of telive<y, not longe, than IF
teen working days, before he viii be entitled
to his wages, sud II NOT paid in ten days after,
admiralty profess Tor them will be sustained.
Cd. Whether in any case marine mby
be retained, at the last port OF delivery, for
more than h'ieen days, on wages, 10 assist 10
unladlDg! QJcry,
MASSACHUSETTS DISTRICT, sS.
Special Drsfrict Court,
December %. 1923.
IIoLaEs Us. BRADSHAW.
MS HDSi u TOT tnc oi NdEeo wv
the libelian,'s service az sesmcn and stew.
ard, on board ,he ship Missouri, Of which tho
respondent was master, in ioreign voyage,
alleged TO have been performed according 10
lhe terms Of the shipping paper. The ship
arrived 81 Boston on the sih OF December, IN.
slant, and the Hbelisn, Was discharged on tho
same day. The libel wa Fled end process
was issued on The ;Sih inst. the cargo oi the
ship being not then discharged.
I, is contended for tho respondent, that the
pfoce,s was commenced too soon, having re
ference to tho .dcf for the government and
regulation Of seanren in The merchants servIee,
and TO past decisions OF the Court IN snaia-
gous Eases. The ststuic declares, that "s
coon es the voyage is ended, and the 60 or
ballast be fully discharged, st the last port OF
delivery, every scsmen shall be entitled 10 the
wages which shall then be due according to
his eontrsci; and if such wsses shall not be
paid within ten days after such discharge, or
IL. .ny hi,Pu,c shall arise between tho mae'e-
and seanno or mariners, touching the ssid
wages, it shall bc lawful for the Judge OF the
disuic, where tho So, ship shall be, or in
case his residence be moe than three miles
from the place, or Of his absence from the
place OF his residence, then, fos any Judge or
Justice OF the peace, to summon the master Of
such ship OF vessel TO appear before him, TO
sbew cause, why process should not is'ne a.
gains, such ship or vessel, her tackle, fuIBl.
iuIe and spparel, according to the coYfse of
admiralty courts, to answer for the wsges."
Az what time . sesmeo, at The last port Of
delivery, may iswfoily commence seit Tor
his wages, hss been disputed and doubtful
Qussiioo in this end in other districts, In cases
whsIe ,he unladios OF the vessel has been
conside'abIy delayed, hut moro frequently
when sea@en have been discharged Oh srri.
val, or very soon sferwsrds, anti other per.
sons have been employed in the discharge Of
the cargo. Judge Peters has gisea' con-
s.ruc,icn 20 the statue that would relieve Tho
seamen from ;he great Inconvenience and de-
lay which The strict letter OF the act would
seem 10 impos, In The csse oi Ed'vo-ds vs.
the shin Lucy, Adm'y Decisions, l65 cited
jn the argument, the dsy on which the vessel
i, made last 10 the wharf, ready to discharge,
is held to the end Of me voyage, end The pc.
rod when tho wages are due. Process is
sustained II commenced in ten days, OF, at the
most, ahcr the lapse of aiteen working days
from ths, time the Court exc Using dis.
creIioh, and giving moro or less time, within
''osS 'iuNss etSo'u'bb wv WV
appearing in evidence. The uncertain inler-
val. between ten and fifteen days, reserved to
the discretion Of the Judge by his consruc-
ton, must, should ap2rehend, prove source
Of troublesome and tui,ieH dispute, in pre-
liminary questions, foreign to tho substantial
mc,it, Of The cares in controversy, and il
seems to be desirable that . greater degree OF
certainly should belong to rule on this cub.
ject.
In execution Of this statute. though have
felt the urgency of the con,idern,ioo' which
favor the equitable construction that has been
mentioned, have not been prepared entirely
to adopt it. shoulG God q difficulty in de-.
clatiog, that IN all cases, the period from
which the ten days shall ron shall be tho ~.
rival Of the vessel; but on the o,hes hsod,
hardship on scamen would be so gtes, In de.
termiuiog tha, period 10 be in oil cssss from
the discharge Of the cargo, ths, Cannot think
such was the intention of the Legislature, es-
peci,llv when the hu IN ne sod liberal sps iii Of