New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-28
z1N,rrn STATES DISTRICT COURT-JAs. %-BdoI'
~'' Judge BITS.


DECISION ~ ADMIRALTY. 49,,
Hsnford Horton ag. The Proceed. 81 the S aio'f I-,
BErTs J.-T6e libelan: was hLed a. eng neel W ~
the steamboat Aida in navigating me Hudson RIVER OIL aaiy
Of 81 900 the season OF naUeaH1h U9E p4y.O - Of
oonthy Psynens 1ioS 10 the les in the employment
oeTs and pots usually exceed ten MONTHS aud the ~
h bcas tom the Let OF March the LIST Of January Tn7
fern Of hiring in this car commenced inc 10y OF
by decree Court sad beer PAID The oniay
sp Nov J. s55 and now seeks ~ ps5'n 20 ICED
don mouths to January 1855 cat oil 'he P'''eeu
% steamer was arrested various liens 'h 2st o. setem
aI Is and was condemned o. BE- sod for Their ga oD
md her proceeds brought into Court ioI ne
on ibe i Of NovSmSei He now claims the
ysse the not distributed and tDa ne
x entitled to his demand attached to me fond ~ me cn
and bus take precedence OF al ohe'
think his claim be sustained In this s'pect Ihe
business Of the vessel broken up ~ Sepapsr ana n
bsn ceased performing sevces CT p0tid hef OF ens
The lien Of wages having the Grs. of privilege against
ss,I aconiTes that Precedence from OF the
VICES they being vital her usefulness and value The ser
vices are than the of employing her or rendering
her protabthey endpensabe preservation IN her
<npoyment aud restoration 10 heT owners soi ths
con the places them in the first rank oil tt
az positive which the vessel be male sqbs They
even override foGTIe' to the 9T o ~ S
The services were rendered ID known Noaon o. puo-
this privilege springs Of the mariner. services il is
properly limited to their rendition IN fact or BY equitable iu
There may equivalent 70 actual service Arising out Of
which uphold eSmAns leo for wages afte'
as actual service on board temnsedss he wrong
fully prevented continuing with her during her emploJnent
or when willing perform HE duty is disabled from dong SO
Nv injuries incurred in the business OF the vessel
When for which the contracted
B wholly aud the vessel ceases TO be employed OF
owned by with whom the mariner contracted the reason
Tor retaining pledge the ship for the security OF wages no
enger Wages In compensation Of seSmens services
.Ddn nothing else. abbot Peck, ad. 1888
In the tttees eId not IN the con-
tract II Batch H. 1881 1fthe seaman Calls TO enter upon
Of the vessel wages become Cue by oIce oil the
contract q Gal, So ,,-.
The relationship the mariner and the vessel h then
no way more his than the master or owner mad re-
i'm on
before he Joined the vessel HIS night then
of violation Of the owners contract
With him and the footing Of services performed Inc
maritime In its and lien upon the shp ana
its breach BE- collected by action ~ rem
AGAINST the vessel but the element CT wages earned does not
give 10 p-eeminence other liens
Sisng out OF contract The has been seized condemned
and process q law and the business or yoysSse IL
hbsant engaged her all ceased ana inc
have further authority night over
her Of hiring accordingly terminated or broken
the besnt has other method OF redress OF
recompense the violation of he agreement than by SUN '
ssmases which with IL remedies not apperSnine 10
all actions Of O maritime character ,.-,-- .
Of agreed TO be paid may properly De en
the such the damage 10 ROY
limited that The Court may pronounce ioi
an amount which shall indemnify the mariner for the lose
wronsy inflicted upon him by breach oil the contIa;' WIN
To Mi, instance the stipulated 10 be paid will he ample
ton for the ulilmen Of the shipping agreement
and shall accordingly pronounce for the beant that he re
sover two months wager leo CO., with interest from jan Il
lS6 the Of this decree and costs 10 be taxed ~,
For hbeant, Walter L. Livingstoni Ter Claimant d. W.
Bonpcy and J. Sherwood.