<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2014-06-19</DATE>
<RESPSTMT>
<NAME>Colm MacCrossan</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch R140010.pdcc.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="OX" ID="A95696">
<STC T="W">T881A</STC>
<STC T="C">R42918</STC>
<BIBNO T="oclc">38875942</BIBNO>
<VID>152443</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="admiralty court document">
<PB REF="1">
<HEAD>The&s;e Points are de&s;ired to be deter|mined in the ADMIRALL Court, although the agreement touching the &s;ame were made upon the Land.</HEAD>
<DIV2 N="1" TYPE="item">
<HEAD>I. <HI>Mariners Wages.</HI></HEAD>
<P><HI><HI>Rea&s;ons,</HI></HI></P>
<P N="1">1. _BEcau&s;e if Marriners &s;hould be con&s;trained to &s;ue at Law, every Marriner mu&s;t be enforced to a &s;everall action; whereas by the cour&s;e of the Admiralty all the Marriners may joyn in one Petition.</P>
<P N="2">2. Becau&s;e the nece&s;&s;ity of a Marriners condition requires a &s;ummary di&s;patch, which is accordingly provided for by the cour&s;e of the Admiralty, but not provided for by the Common Law.</P>
<P N="3">3. By the cour&s;e of Common Law the remedy for the Marriners is only again&s;t the Contractor, which may be ab&s;ent or in|&s;olvent; Whereas by the Admiralty he hath remedy again&s;t the Ship; and Fraight due.</P>
<P N="4">4. By the Laws and cour&s;e of the Admiralty, the Marriner hath the Oath of the Contractor to di&s;cover the Contract, which is u&s;ually private, which he cannot have by the cour&s;e of Common Law, but mu&s;t prove that by witne&s;&s;es.</P>
</DIV2>
<DIV2 N="2" TYPE="item">
<HEAD>II. <HI>Contracts of Affraightment by Charter-parties or otherwi&s;e.</HI></HEAD>
<P><HI><HI>Rea&s;ons,</HI></HI></P>
<P N="1">1. Becau&s;e there is a nece&s;&s;ary relation and dependance between Fraight and Wages, and therefore of nece&s;&s;ity mu&s;t belong to the &s;ame Judicatory.</P>
<P N="1">1. U&s;ually the Wages is paid out of the Fraight.</P>
<P N="2">2. There be divers Ca&s;es wherein the Marriners Wages are defaulked or abated in re&s;pect of the abatement of Fraight, as in ca&s;e of lo&s;&s;e or &s;poyl|ing the Merchants goods, and therefore fit both to be examined in the &s;ame Court;</P>
<P N="2">2. Beau&s;e of inconvenience, if Fraight and Wages &s;hould belong to &s;everall Judicatories.</P>
<P N="1">1. The Marriner &s;hall have a &s;peedy remedy agaia&s;t the Ma&s;ter or Owner for his Wages, but the Owner put to a long &s;uite to recover the Fraight which &s;hould defray the Wages.</P>
<P N="2">2. The Owner &s;hall be enforced to pay full Wages where there may be ju&s;t cau&s;e of defaulcation of Wages in re&s;pect of the Merchants lo&s;&s;es, which cannot be di&s;covered till the Merchant judiciou&s;ly prove it.</P>
<P N="3">3. The defaulcation of the Marriners Wages in ca&s;e of lo&s;&s;e or dammage of the Merchants goods, is the greate&s;t ingagement of care and fidelity up|on the Marriners, and therefore, if they &s;hall recover their full Wages, before examination of the Merchants dammages, which cannot be put upon the &s;uite for Fraight, this ingagement will be wholly lo&s;t;</P>
<P N="4">4. Otherwi&s;e the Owner may lo&s;e his Ship for non-payment of Wages, before he can po&s;&s;ibly recover his Fraight which &s;hould di&s;charge it.</P>
<P N="3">3. Becau&s;e there are many Ca&s;es wherein there is a nece&s;&s;ity to depart from the Letter of the Charter-patty, otherwi&s;e the Merchant, Ma&s;ter, and Owner may be ruined; this the Lawes and cour&s;e of the Admiralty doth permit, the cour&s;e of the Common Law doth not.</P>
<P><HI>For in&s;tance,</HI></P>
<P>A Contract is made for &s;ix months, payable monthly by the Charter-party:</P>
<P>Yet, if within the time the Ship be imbarqued, no Fraight &s;hall be paid for that time.</P>
<P>If before a Port made, and the goods delivered, the goods <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"></P>
<P N="4">4. The Fraighter may be beyond or upon the Sea, and cannot be arre&s;ted, or may be in&s;olvent, whereby the party is remedile&s;&s;e at Law <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> the Lawes and cour&s;e of the Admirall Court, the goods may be attached, and upon default condemned for the payment of Fraight, which is the great &s;ecurity of the Ma&s;ter and Owner.</P>
<P N="5">5. The Fraight of one Voyage is the &s;upply of another, and therefore requires a &s;ummary di&s;patch for the advancement of Trade and Navigation, which is &s;etled by the Laws and cour&s;e of the Admiralty, but cannot be by the cour&s;e of the Common Law.</P>
<P N="6">6. The proofs in &s;uch ca&s;es, are mo&s;t commonly by Sea-men, or Per&s;ons re&s;iding beyond Sea, who are examinable by Commi&s;&s;ion in the Admiralty; but by cour&s;e of Common Law mu&s;t punctually attend the tryall which in mo&s;t ca&s;es is impo&s;&s;ible.</P>
<P N="7">7. By the Statute of 32. <HI>H.</HI> 8. <HI>Cap.</HI> 14. a &s;ummary remedy is given to the Merchant upon Charter-parties, and therefore nece&s;&s;ary that the Owner &s;hould have the like reciprocall remedy, being it is but one Contract.</P>
</DIV2>
<DIV2 N="3" TYPE="item">
<HEAD>III. <HI>Suits again&s;t the Ship, for building, repayring, victualling, and furni&s;hing thereof.</HI></HEAD>
<P><HI><HI>Rea&s;on,</HI></HI></P>
<P>By the Admirall Law, the Ship which is alwayes re&s;pon&s;ible, is liable in &s;uch ca&s;es; but by the Common Law the per&s;on is only liable, not the Ship, &s;o that if the Builder, Repairer, Victualler, or Furni&s;her, &s;hould be con&s;trained to &s;ue at Common Law, he &s;hould lo&s;e his only &s;ecurity, without which he will neither build, repair, victuall or furni&s;h, and &s;o Navigation peri&s;h.</P>
</DIV2>
<DIV2 N="4" TYPE="item">
<HEAD>IIII. <HI>Suits upon Bills of Bottomry.</HI></HEAD>
<P><HI><HI>Rea&s;on,</HI></HI></P>
<P>By the Common Law, the Ma&s;ter cannot pawn the Ship for nece&s;&s;aries, and &s;o the Voyage lo&s;t, but by the Laws of the Admiralty the Ship is charg|able upon the&s;e Bills, and thereby the Voyage performed; Therefore if the Admirall juri&s;diction &s;hould be ob&s;tructed in this, a nece&s;&s;ary expedient of Navigation &s;hould be utterly lo&s;t.</P>
<P>Ca&s;uall dammages by one Ship to another in Navigable Rivers, or by Anchors.</P>
<P><HI>Rea&s;on,</HI></P>
<P>The utmo&s;t remedy that the Common Law gives, is again&s;t the Ma&s;ter or Marriners, which are many, in&s;olvent, unknown, or ab&s;ent, in all which ca&s;es, the Laws u&s;ed in the Admirall Court, gives remedy again&s;t the Ship, which is an ingagement of care upon all that are in it, or belong to it.</P>
</DIV2>
<DIV2 N="5" TYPE="item">
<HEAD>Maritine or Merchant Contrasts made beyond the Sea.</HEAD>
<P><HI><HI>Rea&s;ons,</HI></HI></P>
<P N="1">1. Becau&s;e the witne&s;&s;es cannot per&s;onally attend at a tryall at Common Law, but may be examined by Commi&s;&s;ion in the Admiralty.</P>
<P N="2">2. Becau&s;e the Cu&s;toms of tho&s;e Countries wherein the&s;e Contracts are made, do differ from the&s;e Rules, by which the Common Law proceeds, but are well known and ruled by the Laws of the Admiralty.</P>
<P N="3">3. Mo&s;t of the&s;e Contracts are made with per&s;ons that live in Foraign parts, who expect to be judged by the Rules of the Laws of the&s;e Countries wherein they contract.</P>
<P N="4">4. Becau&s;e the Admiralty had anciently Juri&s;diction in &s;uch ca&s;es.</P>
<P>Nu&s;an&s;es in Navigable Rivers; As laying Anchors without Buoyes, riding too many Ships abre&s;t, throwing out Bala&s;t and filth into the River, and the like; tending to the ob&s;truction of tho&s;e Rivers, and hindrance of Trade and Navigation; all the&s;e nece&s;&s;ary to be provided for; and accordingly are by the Laws and cour&s;e of the Admiralty, but few or none by the Common Law.</P>
<PB REF="2" MS="y">
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
