Page:Halsbury Laws of England v1 1907.pdf/291

 — .

Part

II.

Jurisdiction of the Supreme Court.

69

Sect. be exercised either in rem or in personam (b), extends over any ship Wages of any for seaman wages him master or earned by a by claim on board the ship, and over any claim by the master of any ship for disbursements made by him on account of the ship (h). Masters (e) and seamen {d) have maritime Hens for their wages, and both masters and persons acting for masters on their decease or incapacity from ilhiess, have also now a maritime lien for disbursements or liabilities incurred by them on account of the ship (e). These maritime liens may be lost by negligence or delay if the rights of third parties may be thereby compromised, but where reasonable diligence is used and the proceedings are taken in good faith the lien travels wdth the res into whosesoever possession it

may come

7.

etc.

{/).

111. A pilot has a maritime lien for his pilotage charges, and can claims for sue for them in an Admiralty action in rem {(/) The following have also J^^^es etc. by other been held entitled to bring Admiralty actions in rem for their wages an persons. apprentice (/i) a purser {i), the ship's surgeon (k), a woman employed as a ship's stewardess®, a ship's carpenter (7?t), and seamen and officers employed on board a ship after the discharge of the rest of the crew(«); hut the Court has no jurisdiction to entertain in an Admiralty action in rem, or as a claim within either its inherent or statutory jurisdiction, a claim by a ship's husband for his salary or.



,

emoluments

(o).

Suits for w^ages in the Admiralty Division six years

must be brought within

(j)).

Conditional remuneration promised to a master by his owners if he stands by the ship and brings her safely into port is included in the term wages {q) 112. A claim by a seaman for damages for wrongful dismissal can Damages be prosecuted by him in an action of w^ages within the jurisdiction ^g^^g^} ismissa of the Admiralty Court (?•). Admiralty Court Act, 1861 (24 Vict. c. 10), ss. 10, '65. See The Elmville No. 2, [1904] P. 422; 57 & 58 Vict. c. 60, s. 167. {(i) The Sydney Cove (1815), 2 Dods. 11 The The Nymph (1856), Swa. 86. maritime lien in respect of seamen's wages due under a special contract may either be considered to have been conferred by the operation of the 10th section of the Admiralty Act, 1860, or to have always existed, although the Court of Admiralty until recent times might have been restrained by prohibition from enforcing it. (e) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 167 The Tagus, [1903] P. 44 The Mipon City, [1897] P. 226. (/) See The Fairjjort (1882), 8 P. D. 48, 55. The Adah (1830), 2 Hag. (g) See The Servia and Carinthia, [1898] P. 36 (b)

(c)









Adm.

326.

(Ii) The Albert Crosby (1860), Lush, 44. (0 The Prince George (1837), 3 Hag. Adm. 376. (/i) The Lord Hobart (1815), 2 Dods. 100. (/) Jane and Matilda (1823), 1 Hag. Adm. 187. (m) The Lord Hobart (1815), 2 Dods. 100, 104. {n) See R. v. Judge of the Citii of London Court and (1890), 25 Q. B. D. 339. (o) The llaby No. 2, [1898] P. 59. (i>) 4 & 5 Anne, c. 3 (sometimes printed as c. 16), (q) The Elmville No. 2, supra.

{>)

The Great Eastern (1867), L. R.

1

A.

&

E. 384.

Owners of the SS. Michigan

s.

17

for

.