Page:Federal Reporter, 1st Series, Volume 4.djvu/838

 824 PBDEEAL BEPORTEE. �of the general maritime law, there are reasons to be found in the provisions of the act of July 20, 1790, (now sections 4530, 4546, 4547, of the Eevised Statutes,) which strongly sustain, if tbey do not compel, the conclusion that seamen's wages are exempt from garnishment in an action at law. The act of 1790, which, so far as it is reproduced in the above- mentioned sections of the Eevised Statutes, is wholly unaf- fected by the act of June 9, 1874, provides that "as soon as the voyage is ended, and the cargo or ballast is fuUy dis- charged at the last port of deliverj', he (the seaman) shall be entitled to the wages which shall then be due." This provis- ion is absoliite. There is no exception in the case of service of an attacement. It does not say the seaman or his cred- iter. But the statute proceeds, (section 4546 :) "Whenever the wages of any seaman are not paid within 10 days after the time when the same ought to be paid, or any dispute arises between the master and seaman touching wages, the district judge of the judicial district where the vessel is show cause why process should not issue against such vessel, her taokle, apparel, and furniture, according to the course of admiralty courts, to answer for the wages." Section 4547. "If the master against whom such summons is issued neg- lects to appear, or, appearing, does not show that the wages are paid, or otherwise satisfied or forfeited, and if the mat- ter in dispute is not forthwith settled, the judge shall certify to the clerk of the district court that there is suiiScient cause of complaint whereon to found admiralty process, and there- upon the clerk of such court shall issue process against the vessel, and the suit shall be proceeded on in the court, and final judgment shall be given, according to the usual course of admiralty courts in such cases." �By this provision every seaman is given a statutory right, in every case of subtraction of his wages, to have the master of the vessel summoned to show cause why process should not issue against the vessel, and jurisdiction is given to the district judge of any district where the vessel may be to so Bummon the master. It is difficult to see how the district ����
 * * * may summon the master to appear before him to