Summary jurisdiction where wages do not exceed 50%. compensation not exceeding 207. as the Court hearing the case may think reasonable. By sect. 188 of the Merchant Shipping Act, 1854, any seaman of magistrates or apprentice, or any person duly authorized on his behalf, may sue summarily for any wages not exceeding 507. over and above the costs of the proceedings, as soon as the wages become payable. This proceeding must be before any two justices (d) acting in or near the place at which the service terminated, or the seaman or apprentice was discharged, or at which the person on whom the claim is made resides; and the order of the justices in the matter is final (e). Jurisdiction of county courts. County courts having Admiralty jurisdiction (ƒ) now possess jurisdiction as to any claim for wages (g) in any cause in which the amount claimed does not exceed 1507., and in any such cause where the amount claimed exceeds 1507. but the parties have agreed in writing that any specified county court having Admiralty jurisdiction shall have jurisdiction (). Where any Court or magistrate has power to direct the payment of any seaman's wages, penalties or other sums of money, if the person ordered to pay them is the master or owner, and the same are not paid as directed, the Court may direct the amount to be levied by distress and sale of the ship, and of her tackle, furniture, and apparel (i). Jurisdiction over claims for seamen's wages is conferred on the Vice-Admiralty Courts (j) by the Vice-Admiralty Court Act, 1863 (k). (d) Or before a stipendiary magistrate. The M. S. Act, 1854, s. 519. (e) But see the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49, s. 33). In Scotland, the proceedings must be either before such justices as are above mentioned, or before the sheriff of the county within which the place is situated. The M. S. Act, 1854, s. 188. (f) For a list of these Courts see Appendix, "Orders in Council," pp. 20-25. (g) As to these words see The Blessing, 3 P. D. 35. (h) 31 & 32 Vict. c. 71, s. 3, Appendix, p. ccxcvii; see also the County Courts Act, 1875 (38 & 39 Vict. c. 50), Appendix, p. cccxxxiv. The 9th section of the 31 & 32 Vict. c. 70, provided that if any person should take in a su perior Court without the leave of such (j) See supra, p. 123, note (y). (k) 26 Vict. c. 24, s. 10. See App. ccxlii. See The City of Petersburg, 1 Stuart's Vice-Adm. R., N. S. 343. As to the jurisdiction of the ViceAdmiralty Courts in causes of wages previously to the passing of that sta men. Foreign seamen may proceed in Admiralty against foreign Suits by foreign seaships coming to this country; but the Court is unwilling to interfere in these cases without the consent of the representative of the nation to which the parties belong; and, although his consent is not necessary, the rule acted upon is, that notice of the proceedings must be given to him (7). Where an owner had employed American seamen (at a period when they were alien enemies) in order to make his vessel pass for an American ship, he was not allowed to set up that fact in answer to a claim in the Admiralty Court for wages (m). The right to sue for wages was also recognized in a case where the seamen, who were alien enemies, had earned their wages in a foreign ship on a voyage under the protection of a British licence (n). Foreign seamen improperly discharged in this country, have been held, in the Court of Admiralty, entitled in addition to their wages to a sufficient sum to cover the expenses of their return home (0). The 230th sect. of the Merchant Shipping Act, 1854, enacts Conflict of that where, in any matter relating to a ship or the persons belonging thereto, there is a conflict of laws, and no provision in the third part of the act is expressly applicable, the case shall be governed by the law of the flag (p). laws. CORPORATIONS By the 20 Geo. 2, c. 38, a corporation was created for re- CHARITABLE lieving and supporting maimed and disabled seamen, and FOR RELIEF OF the widows and children of those killed in the merchant ser- SEAMEN, &c. vice (q). The 37 Geo. 3, c. 73, the 4 & 5 Will. 4, c. 52, the 6 & 7 Will. 4, c. 15, and the 7 & 8 Vict. c. 112, also contained provisions for the support and regulation of this institution. Under these acts masters and owners in the merchant service navigating their own ships, and seamen employed in it, were tute, see The Rajah of Cochin, Swa. 473; The Australia, Swa. 480. (1) The Vrow Mina, 1 Dods. 234; The Golubchick, 1 W. Rob. 143. See also as to the interference of our Courts for the protection of foreign mariners, The Madonna d'Idra, 1 Dods. 37; The Wilhelm Frederick, 1 Hag. 138; The Octavie, Br. & L. 215; 33 L. J., P. M. & A. 115. See also as to the practice of the Court of Admiralty in these cases, The Nina, L. R., 2 A. & E. 44, and L. R., 2 P. C. 38. The practice is now regulated by (m) The Frederick, 1 Dods. 266. (n) The Maria Theresa, 1 Dods. 303. (0) The Madonna d'Idra, 1 Dods. 37; The Gustaf, Lush. 506; The Union, Lush. 128. (p) See Lloyd v. Guibert, L. R., 1 Q. B. 115. (2) A somewhat similar system is established in America. See 3 Kent, Com. pp. 179, 181. compelled to contribute towards a fund called the Merchant Seamen's Fund, out of which the corporation was empowered to relieve disabled or decrepit seamen, and those who had been. shipwrecked or taken by the enemy, and also the widows and children of seamen who had been killed or drowned. In consequence, however, of this fund having been, to some extent, diverted from its original purpose, the Seamen's Fund Winding-up Act, 1851 (14 & 15 Vict. c. 102), provided that contributions to the fund should cease to be compulsory, and that no one should be allowed to contribute to it who was not a contributor at the time of the passing of the act. And, finally, the Merchant Shipping Repeal Act, 1854 (17 & 18 Vict. c. 120), repealed all the statutes relating to the subject except certain portions of the 14 & 15 Vict. c. 102 (»), and put an end to the system established by the earlier acts, except so far as it was preserved for the purpose of winding up the fund ($). Another institution for the benefit of merchant seamen, namely, "The Seamen's Hospital Society," was established in 1821, and afterwards incorporated by the 3 & 4 Will. 4, c. 9. This society is now supported by voluntary contributions. For some years it was also entitled, under the 14 & 15 Vict. c. 102, to receive the proceeds of the unclaimed effects and wages of deceased seamen, and to certain annual contributions for a limited period by the Board of Trade out of the Merchant Seamen's Fund (t). These provisions have now either expired or have been repealed by the Merchant Shipping Repeal Act, 1854 (u). The Greenwich Hospital Act, 1869 (32 & 33 Vict. c. 44), enabled the Admiralty and the Board of Trade to pay a limited sum in pensions to merchant seamen who before 1835 contributed to Greenwich Hospital. By a subsequent Act of 1872 (35 & 36 Vict. c. 67) this limit was removed, and annuities of 31. 8s. a year are now granted to all seamen who can show to () The following sections remain unrepealed, sects. 4-26, 39, 50, 5261. See also the Shipping Law Amendment Act, 1853 (16 & 17 Vict. c. 131), ss. 28, 29. (s) It is provided by the 22nd section of the act, that all masters and seamen who, before the passing of the act, had contributed to the fund, should be allowed to continue to contribute in the manner provided for by the act, and should, in respect of their contributions, be entitled to relief in the manner and subject to the conditions therein mentioned. (t) See the 14 & 15 Vict. c. 102, ss. 29-38, 51, 61. (u) See the Schedule to the 17 & 18 Vict. c. 120. the satisfaction of the Board of Trade at least five years' service previous to January, 1835, and who during that period contributed sixpence a month to the funds of Greenwich Hospital (x). The 546th sect. of the Merchant Shipping Act, 1854, enables the corporation of any borough being a seaport, and any association constituted for any public purpose connected with shipping, with the consent of the Home Secretary, to appropriate lands vested in them as sites for sailors' homes. (x) See Order in Council of the 7th chant Shipping Legislation, Parl. October, 1869, and Report on Mer- Papers (C.-1398), Sess. 1876. NATURE OF EMPTED FROM LIA- 281 Under M. S. Act, 1854 282 284 PILOTS are persons who, having special knowledge of particular waters, are taken on board to superintend the steering of the vessel where the navigation is difficult and dangerous (a). During the period of their charge, the whole responsibility of the safe conduct of the vessel devolves upon them. All maritime countries have endeavoured to promote their efficiency, by affording to them means of instruction, and by punishing them for misconduct or incapacity (b). |