ored and sacred lien upon the vessel. It does not reduce the costs and expenses. They are untouched in amount. They are only thrown upon the innocent instead of the guilty parties. The clerk cannot refuse to perform his duties,—the marshal must assume his great responsibility of custody and care-pay for advertising pay a keeper and other necessary disbursements, and neither have any fees or reimbursement unless the libellant recover and collect a sum so large that fifty per cent of it will pay all the fees of the witnesses and commissioner, and leave a residue to be divided, pro rata, between those responsible and necessary and involuntary officers of the government; and the proctor, who alone can pilot the seaman through the courts, is absolutely denied all costs, except from the pocket. of the seamen.(a)

The act is as follows:

500. "An Act for the Reduction of the Costs and Expenses of Proceedings in Admiralty against Ships and Vessels. "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any case brought in the courts of the United States, exercising jurisdiction in admiralty, where a warrant of arrest, or other process in rem, shall be issued, it shall be the duty of the marshal to stay the execution of such process, or to discharge the property arrested if the same has been levied, on receiving from the claimant of the same a bond or stipulation in double the amount claimed by the libellant, with sufficient surety, to be approved by the judge of the said court, or, in his absence, by the collector of the port, conditioned to abide and answer the decree of the court in such cause; and such bond or stipulation shall be returned to the said court, and judgment on the same, both against the principal and sureties may be recovered at the time of rendering the decree in the original cause: Provided, That the entire costs in any such case, in which the amount recovered by the libellant shall not exceed one hundred dollars, shall not be more than fifty per cent of the amount recovered in the same,

(a) Conk. 399, 445.

which costs shall be applied, first, to the payment of the usua fees for witnesses, and the commissioner, where a commissioner shall act on the case, and the residue to be divided, pro rata between the clerk and marshal, under the direction of the judge of the court where the cause may be tried: Provided, further, That no attorney's or proctor's fees shall be allowed or paid out of the said costs.

"Approved, March 3, 1847."

501. Does the act intend to allow every person, even a stranger, to take possession of a libelled vessel, giving a bond to pay the demand for which she is libelled-if not, how is the marshal to discriminate; or does it only extend to a "claimant," as known to the Admiralty practice, one who has filed his claim showing his interest and given the necessary stipulation-if so, is the claim to be filed with the marshal? Does it embrace all cases in rem, and transfer from the court to the marshal the important judicial power of staying proceedings in a cause, and disposing of the questions of delivering property on stipulationwithout appraisement-without notice to the libellant-without orders or proceedings in court? How is the libellant to proceed to a decree when no property is arrested, and no party appears? Of what use is a bond to abide and answer a decree in "the original cause," when that cause has but one party and he the libellant. These and other pregnant questions must be answered by those who seek to apply the act. The practice under it is simple.

Prepare a bond-have it executed with surety, and ap proved by the Judge or the Collector of the port-give it to the Marshal, and take the property-without fee or reward to amy one.(a)

502. If a libellant be unable to give security for costs, he is not thereby denied justice, but he is, on application to the judge, permitted to give the juratory caution, or security by his oath. This is analogous to the common law practice of suing in forma pauperis. That is to say, he personally stipulates in the necessary amount, to appear from time to time, as required by

(a) Conk. Ad. 446-8. Vid. the form of the Bond, in the Appendix.

he court, and adds to it his oath that he will do so. The de fendant may also, by order of the judge, be permitted to give the juratory caution in proper cases, where he cannot procure bail. This security is but rarely taken.

The juratory security for costs is in the following form:

"In the District Court of the United States for the Southern District of New York.

"In a certain cause, civil and maritime, wherein A. B. is libellant and C. D. is defendant, on this tenth day of February, 1849, the said A. B. personally appeared and stipulated in the sum of one hundred dollars, to prosecute this said cause, and to pay all costs and expenses which may be awarded against him herein, by the final decree of this court, and, in case of appeal, of the appellate court; and to appear on the twelfth day of February instant, (the return day,) and as often afterwards as he shall be ordered by the court. And the said A. B. made oath that he would appear as aforesaid. "A. B.

Taken, acknowledged, and sworn,

February 10th, 1849, before me,

"CHAS. W. NEWTON, U. S. Commissioner."

(a) Dunlap's Prac. 157. Conk. Prac. 463, 538. Marriot's Forms, 351.

CHAPTER XXIX.

Seamen's Wages.

503. The character of seamen and the nature of their employment has induced the Congress to provide specially for the collection of their demands for wages. Seamen have always been considered as wards of the Admiralty, and the wages of their perilous service have been by all nations highly favored in the law. It was the great considerations of policy and justice connected with that humble but most useful class of citizens, that induced the English common law courts to leave to the Admiralty the undisputed cognizance of suits for seamen's wages, and to make those wages a lien upon the last plank of the ship. A cheap and summary mode has been, therefore, provided, for hearing the controversies in relation to their wages, which are usually of small absolute amount but of very great importance to the

seaman.

; 504. As soon as the voyage is ended, and the cargo or ballast discharged, the seaman is entitled to his wages. If there be any dispute as to his wages, or if he be discharged from the vessel, he may, without any delay, proceed to enforce payment. If the balance be admitted he must wait ten days, or, at least, a reasonable time, after the cargo is out, before he commence. If the vessel have left the port, when the voyage ended, without paying the wages, or is about to go to sea again before the expiration of the ten days, be proceeds by libel, in the first instance, and arrests the vessel-all the seamen joining in the same suit and the suit proceeds like other suits in rem. In all other cases he proceeds by a preliminary summons before a magistrate, before whom the question of probable cause of suit is investigated. (a)

(4) Betts' Prac. 60, et seq. Seamen's Act of July 20, 1750.

to sue.

505. In such cases, the judge of the District, or a magistrate or United States commissioner, issues a summons to the master of the vessel, to appear before him and show cause why process should not issue against the vessel, according to the course of Admiralty, to answer for the wages. This summons should be founded on an affidavit, or a libel, showing a prima facie right On the return of the summons, if the master do not appear, the certificate of sufficient cause is given of course. If the master appear, he is permitted "to show that the wages are paid, or otherwise satisfied or forfeited," or to settle the dispute on the spot, without further suit. If he does neither, the magistrate gives a certificate that there is sufficient cause whereon to found Admiralty process, and the certificate, with the libel, is filed with the clerk, who issues the process against the vessel, and the suit proceeds in the regular manner, according to the course of Admiralty.(a)

506. The suit being thus commenced, if there be any other seamen on the same voyage, having like cause of complaint, they are not compelled to repeat the preliminary proceeding, but by petition, stating their case, they are allowed to join in the suit, which is done by filing their petition and annexing it to the libel. They are then considered as original libellants, and the suit proceeds, in their collective names, to a decree. Their rights are entirely separate and independent. They are colibellants, but not joint libellants, and they are competent witnesses for each other. Each man's case must be separately proved should be separately passed upon by the court, and the decree should be separate for each, especially in cases in which the amount will justify an appeal.(b)

507, The practice in these cases is founded on the "act for the government and regulation of seamen in the merchant serVice." This is believed to embrace all vessels not in the national naval service. The first three sections of the act relate to ves

(a) Betts' Prac. 60, et seq. Vid. the precedents in the Appendix. (b) 6 Peters' 143.