Page:Federal Reporter, 1st Series, Volume 2.djvu/94

 MUEBAT ». PEBET-BOAT. 87 �T. W. Fowler, the owner of the boat, has moved the court io quash the proceedinga and dismiss the libel, for the follow- ing reasons : �. "First. That said libel filed by said libellant is a claim for seaman's wages, and that the said libellant has not complied with the act of congress, (July 20, 1790, Eev. St. §§ 4546 and 4547,) in not having a commissioner certify to this hon- orable court sufficient cause of complaint, as required by the terms of said act." �"Second. That said respondent's vessel is a steam ferry- boat, running between two points or places in the same state, within the body of the same county, to-wit, between the foot of Locust Street, AUegheny City, Pennsylvania, and Cork's run, on the opposite side, being enrolled and licensed as such at her home port, the city of Pittsburgh. " �In support of the motion, there has been produced and filed a certified copy of the boat's enrollment, showing that she ie a steam f erry-boat of 64 tons, and the libellant admits it to be true that, during the period covered by his claim for ■wages, the vessel plied as a steam ferry-boat between points on opposite sides of the Ohio river, to-wit : AUegheny City and Cork's run, within the county of AUegheny and state of Pennsylvania. �1. Seqtions 4546 and 4547, of the United States Eevised Statutes, which re-enact substantially the provisions of section 6 of the act of July 20, 1790, provide that if the wages of any seaman are not paid after they become due and payable, or in case of a dispute touching the same, the district judge, or, in certain cases, any judge or justice of the peace, or any commissioner of a circuit court, may summon the master of the vessel to appear before him and show cause why process should not issue against the vessel ; and if the master neglecta to appear, or appearing does not show ihat the wages are paid or otherwise settled or forfeited, and if the dispute is not forthwith settled, the judge, justice or commissioner shall certify to the clerk of the district court that there is sufficient cause whereon to found admiralty process, and thereupon the clerk shall issue process against the vessel, etc. ����