The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-15
Important Decision In AdmiraIty-The Rights
OF Seamen 10 Libel for Wages.
UNITED STATES DISTRACT COURT.

Before Hon Judge Belts
Nov 12-James Robinson and Others, Crew of the Brig
Lille Nails u.s. tie Brig Lille Mills james Nesmih and
others, ciaimon-The following opinion and decision by
Judge Belts determines the of the of Con
gress of July co. $780, relative the right Of seamen
libel for their wages The effect OF this decision is to
require seamcp, before filing libel for wages to summon
the master of the vessel before Commissioner of the
Court pursuant TO that act unless they aege in their libel
that the vessel has left the port OF delivery where her
voyage ended before payment of the wages that the
vessel about proceed to before the end Of the
days next after the delivery of her cargo ballast In
this case although the libel did either of these
allegations las the facts did not warrant them, the Court
refused TO vacae the arrest of the vessel the ground
that the claimants had assented TO the process
vacate the OF the vessel and subsequent
ngs In this cause instituted for the recovery Of wages
claimed by the The libellants performed voyage
last summer on board the brig from Bnmore to the
West Indies and thence to New York. where she arrived
and was quarantned about the 10th Of September last,
and was discharged therelrom the 28b which day
the beants also left the vessel The wages were not
satisfied by the master or the claimants on demand by the
beanis, and objections were raised by the claimants
that the beans had refused to discharge the cargo in
this port and that they had incurred forfeiture of their
wages The libel filed the 9Th Of October Gu the
18th of October the lbeants examined witnesses aud
Claimants proctors attended and examined them
On the 26th the warrant Of arrest returned and
November instant On October % notice of this motion
given to set aside the process in the cause the
rround that summons and certificate not first oh
ained from Commissioner showing ia sufficient
& complaint whereon 10 found admiralty process"
The act Of Congress Of July 20, 1870, does not
originate the jurisdiction Of this Court That is
conferred by the constitution, article g. 2, and the
statute does more than point out the proper method by
which the jurisdiction is 10 be exercised when the remedy
in this respect sought IN The statutory remedy
however, must be pursued in conformity to the act but
the reguarity or error in practice can be femtted by
assent thereto, waiver Of Il may be implied, and in
either way acquescence in tue OF proceeding may
remove the fault The acts Of the claimants and their
proctors subsequent TO the Of this action
and the arrest Of the brig therein, in my opinion amount
in judgment OF law TO waiver or all objections to the
regularity and suiciency Of the proceedings, and pre-
clude them from appealing nj this time TO the Court TO
scind and vacate those proceedings The MS it
stands open TO any defence the claimants may wish TO
Dterpose upon the merits of the demand but the claim
ants concluded by their Court and outside
from taking At this day exceptions 10 the regularity OF the
hbrants' acton The motion 10 set aside the proceed
ngs issued in this suit must accordingly be denied