Page:Federal Reporter, 1st Series, Volume 3.djvu/584

 COTSBI V. BSITISB £Bia WBXf OBD. 677 �CovEBT and others v. The Bbitish Bbig Wexfoed, etc. �{Distrid Court, 8. D. New York. , August 21, 1880.) �1 Extra Wages-^Lien— 17 and 18 Viot. c. 104, § 187.— Section 187 of the British Merchant Shipping Act (17 and 18 Vict. c. 104) provides that when a masteror owner, without sufflcient cause, refuses or neglects to pay the wages of seamen within the time flxed by statute, he sliall pay them a sum not exceedlng the amount of two days' pay for eaoh of the days, not exceeding ten days, during which payment is so de- layed. eeld,, that such extra pay is to be treated as wages, for which the seamen have a lien in a,ll respects like that for their stipulated wages. �2. Mastbb— Wages— Lien— 17 and 18 Vict. «. 104, § 197.— Section 197 of �the British Merchant Bhipping Act (17 and 18 Vict. g. 104) provides that " the master of every ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his wages which, by this act, or by any law or custom, any seaman not being a master has for the recovery of his wages." Rdd, that this statute gives the master a lien on the vessel for his wages enforceable in the admiralty courts of this country, although, by the maratime law, the master has no lien, and although the lien is given by a foreign statuta. �The Eatana, 1 Sprague, 402. �The Enterprise, 1 Law. 465. �3. Bamb — Bame — Samb. — He may, however, have waîved or subordinated �his lien by contracts with material men or parties furnishing supplies, and it does not, therefore, necessarily follow, as in the case of the sea- men, that his lien will have priority over that which may be estab- lished by other claimants. The Selah, 4 Sawy. 40. �4. JURISDICTION — FORBiaN Sbambn — FoREIGN Vessel. — Although it Is �discretionary with the court to entertain jurisdiction of a claim of for- eign seamen against a foreign vessel, it cannot refuse, where it has seized and sold such vessel under its process, to distribute the pro- ceeds according to the rights of the respective parties who appear to claim them. �In Admiralty. �J. A. Deady, for libellants. �F. A. Wilcox, for other parties, �Choate, D. J. This is a libel by the master and seamen of a British vessel for balance of wages due opon the termi- nation of the voyage, which ended in this port. The libel- lants also claim extra wages under section 187 of the British �v,3,no.lO— 37 ����