CHAPTER XII.
SEAMEN—CONCLUDED.
Recovery of wages. Interest on wages. Salvage.
Recovery of Wages.—A seaman has a threefold remedy for his wages: first, against the master; secondly, against the owners; and, thirdly, against the ship itself and the freight earned.[251] He may pursue any one of these, or he may pursue them all at the same time in courts of admiralty. He has what is called a lien upon the ship for his wages; that is, he has a right, at any time, to seize the vessel by a process of law, and retain it until his claim is paid, or otherwise decided upon by the court. This lien does not cease upon the sailing of the ship on another voyage; and the vessel may be taken notwithstanding there is a new master and different owners.[252] A seaman does not lose his lien upon the ship by lapse of time. He may take the ship whenever he finds her; though he must not allow a long time to elapse if he has had any opportunity of enforcing his claim, lest it should be considered a stale demand. In common law courts a suit cannot be brought for wages after six years have expired since they became due. This is not the case in courts of admiralty.[253]
The lien of the seaman for wages takes precedence of every other lien or claim upon the vessel.[254] The seaman's wages must be first paid, even if they take up the whole value of the ship or freight. The wreck of a ship is bound for the wages, and the rule in admiralty is, that a seaman's claim on the ship is good so long as there is a plank of her left.[255] If, after capture and condemnation, the ship itself is not restored, but the owners are indemnified in money, the seaman's lien attaches to such proceeds.[256]
Besides this lien upon the ship, the seaman has also a lien upon the freight earned, and upon the cargo.[257] He may also sue the owner or master, or both, personally. They are, however, answerable personally only for the wages earned while the ship was in their own hands.[258] But a suit may be brought against the ship after she has changed owners.[259]
A seaman does not lose his lien upon the vessel by taking an order upon the owner.[260]
After a vessel is abandoned to the underwriters, they become liable for the seamen's wages, from the time of the abandonment.[261]
If, at the end of the voyage, the crew are discharged and not retained to unload, their wages are due immediately;[262] but they cannot sue in admiralty until ten days after the day of discharge.[263] If they are retained to unload, then the owner is allowed ten days from the time the cargo is fully discharged. If, however, the vessel is about to proceed to sea before the ten days will elapse, or before the cargo will be unloaded, the seaman may attach the vessel immediately.[264] If the owner retains his crew while the cargo is unloading, he must unload it within a reasonable time. Fifteen working days has frequently been held a reasonable time for unloading, and the ten days have been allowed to run from that time.[265]