Page:Federal Reporter, 1st Series, Volume 7.djvu/516

 504 FEDERAL REPORTER. �see no reason why the seamen should not have the extra ■wages which the law of their country gives them. A similar point was ruled in favor of the seamen in the case of The Wexford, 3 Ped. Ebp. 577. This allowance is a liquidated and certain substitute for the olaim which, independently of positive law, the seamen are entitled to when the voyage is broken up in a foreign port. They can claim their wages up to the time when they might be able to arrive at their home port, and the expense of their transportation. The Elizabeth, 2 Dods. 410, I think the seamen were boiind under the ar- ticles for the return voyage of the vessel, and therefore upon their discharge here are entitled to the compensation which the law awards them. As to the claim that upon the equita- ble principle of the marshalling of assets the court should leave the seamen to pursue their remedies in personam in their native country, it is true that the admiralty courts, as courts governed by equitable principles, will marshal assets by compelling in a proper case a party having two funds to resort to, to look to that fund upon which another party hav- ing but one of the funds to resort to has no claim, in order that both may be paid. Ordinarily, however, for the appli- cation of this rule, the fund to which the party having two funds to look to may thus be compelled to resort should be one affording a remedy as certain as the one he is compelled to relinquish, and the application of the principle should not be made where the remedy to which he is remitted is likely to be 80 delayed that his relief will thereby be seriously preju- diced. It is not to be forgotten that the claim for marshal- ling of assets is a merely equitable claim, and it should never be pushed so far as to imperil or impair the substantial rights of the party having a specifie lien or legal claim to the fund. It is indeed a matter of discretion whether the court will assume jurisdiction of the olaim of foreign seamen ; and where justice to other parties requires it, and no injustice appears to be done to the seamen themselves by deelining to take the jurisdiction, the court may refuse to act and thus work ont the equities of the parties, and leave the seamen to ��� �