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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 544   View pdf image (33K)
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544 \ HIGH COURT OF CHANCERY.

of the seamen constitute a lien upon the vessel, or the proceeds
derived from the sale of it. This claim will be first considered.

This Steam Packet Company was incorporated by the act of
1829, chapter 42, for the purpose of establishing and conduct-
ing a line or lines of steamboats, vessels, and stages or other
carriages, between Baltimore and Fredericksburg, and the
several ports and places on the Rappahannock, and the other
rivers and waters of the Chesapeake bay, for the conveyance
of passengers, and transportation of merchandise and other
articles.

The purpose, then, for which the company was incorporated,
was to open a communication by water between the ports of
Maryland and Virginia. The vessels were to ply between the
two states in the waters of the Chesapeake bay and the Rap-
pahannock, and there would seem to be no doubt, indeed it is
not understood to be questioned, that the seamen have a right,
for wages due them in such service, to proceed by libel in the
District Court of the United States, and that, as a general rule,
they have a lien on the vessel, her tackle and furniture. Smith
vs. the Pelein, Gilpin's Rep., 203; Wilson vs. the Ohio, same
book, 505.

In this last case the libel was for wages on board a steam-
boat plying between the ports of adjoining states, on a navi-
gable tide river, and the proceeding was sustained; and it was
also decided, that the title to sue in the admiralty for wages,
extended to the pilot, the deck hands, the engineer and the fire-
men.

In short, this right to libel the vessel in the admiralty courts
for wages, extends to every officer and man who assists in navi-
gating her except the captain. Ross vs. Walker, 2 Wilson, 264.
The authorities are abundant to show, that the officers and
seamen (except the captain) have a triple security for their
wages—they may have recourse to the vessel, the owner, and
the master. Bronde, et al. vs. Haven, Gilpin's Rep., 592, 595 ;

3 .Kent's Corn., 196,197.

Chancellor Kent speaks of the seamen's claims for wages as
entitled to the favor and protection of the law—that this claim



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 544   View pdf image (33K)
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