278 F. 886 | 9th Cir. | 1922
(after stating the facts as above). The assignments of error call for consideration of several elements of the decree, especially what are called penalties, ihe provisions for transportation, and the order for the sale of the ship under a junior libel, without consolidating it with earlier and intervening libels under which the ship is held.
“These statutes arc designed for the protection of seamen, to prevent the abuse of withholding their pay, and thereby keeping them in port at expense, and out, of employment while waiting for a settlement. It is a liquidated indemnity for such enforced expense and delay. It is limited to 10 days, perhaps upon the theory that the summary powers of the admiralty courts, everywhere exercised for the protection of seamen, can, within that time, be brought to bear for their relief, and to encourage diligence on their part in presenting and prosecuting their claims. These protective statutes would be of little or no value to the seamen, if they do not give them a lien on the vessel. A mere right to enforce a personal claim for such small sums against the master or owner would generally be of no value to them"; and, if they have a lien, it must, I think, be presumed that it was intended to be a lien in all respects like that for their stipulated wa.ges — one equally beneficial to them.” The Amazon (D. C.) 141 Fed. 153.
Affirmed, subject to inclusion of the amounts to be ascertained.