Wages
- A seaman to whom wages are due has a right of action against the
owner, the crew may bring an action in the Admiralty court either in
personam against the owner, or in rem against the ship but he cannot
recover wages beyond the day on which the suit is filed and if he fails to
obtain relief by one process, the other remains open to him.
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- The general rule is that any person who has done any work on board a
ship can bring an action to obtain what is due to him. The
jurisdiction of the court extends to foreign seamen on board foreign
ships, but when a foreign ship is sued in rem, notice of the action should
be sent to the consul of the country to which the ship belongs.
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- The meaning of the word wages and the times from which they begin to
accrue and at which they are payable have to be considered. To fall within
the term wages for the purpose of an action in the Admiralty court, the
sums sued for must have been earned on board the ship, not necessarily at
sea, but in work on the vessel itself, or in duties connected with it.
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- BCAS: 2102-1013
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