Page:Federal Reporter, 1st Series, Volume 3.djvu/659

 65^ PIfffEEAL EEPOBTEB. �Thb Amalia. (Dhtrîct Court, B. Maine. September 13, 1880.) �1. JuEiSDicTioN—FoEEiQNVBSSKir— Nation alittopCbbw.— The nation. �ality of a foreign vessel, and not that of the crew, should regulate the action of a court of admiralty in assuming junsdiction over a contro- versy lietween the offlcers and seamen of such vessel. The Nina, 2 L. R. P. 0. 39. �2. Samb — Samb — Wages. — The district court, unless restricted by some �treaty stipulation, may, in the exercise of its discretion, assume juris- diction of a claim for wages against a foreign v essel. �3. Samb — Same— Foreign Orew — Treaty with Sweden— 8 U. S. St. �352. — The thirteenth article of the treaty between Sweden and the United States, of July 4, 1827; (8 U. S. St. 346, 352,) provides "that each country shall have theright to appoint consuls, vice consuls, etc., in the commercial porta and places of the other country," and that such constlls, etc., "shall have the right, as such, to sit as judgea and arbi'ters in such differences as may arise between the captain and crewsof the vessel belongîng to the nation whose interests are com- mitted to their charge, witUout the interference of the local authori- ties." Hdd, that the district court was not thereby debaned from exercising its authority in a case within the terms of such treaty, ■where there was no consiil, or other offlcer of Sweden, within the territoifal juriadiction of the court. �4. SBAMEN—ORDELTr op Mastek— Wages — Dischargb. — The master of �a Swedish bark sailedfrom Gibraltar for Portland with an inadequate Buppiy of provisions, whereby the laws of Sweden were violated, and the crew of the vessel compelled to endure great hardships and sick- ness f or want of sufflcient food.' Held, that the crew were entitled to their discharge at Portland, before the expiration of the voyage for which they had shipped, and to the payment of the wages due them at the time of leaving the ship. �6. Same — Samb — Damages. — .ffeM, further, that the seamen were entitled to one month's extra pay, by way of indemnity for the injuries they had sustained. �Bird dt Thomas, for libellants. �Wehh de Haskell, for claimants. �Fox, D. J. This libel is instituted by the seconrl mate, eteward, and ail the seamen, praying to be discharged from further service in this bark, and for the payment of their •wages, on aceount of a short allowance of provisions on a voyage of 124 days, from Alexandria, Egypt, to this port, and ����