Seamen have a lien for their wages l which attaches in admiralty to the ship and the freight, and to all the proceeds thereof, wherever they are, if within the reach of the court;(r) and whether the fund is entire or broken, or partially lost. (s) This * lien is not lost by the receipt of an order from the master for wages, (t) or of a promissory note, (u) unless the seaman takes it with notice of its effect. This lien belongs to fishermen on shares, (v) and to all persons serving in the navigation of a ship, as pursers, (w) stewards, (x) cooks, (y) shipcarpenters, (z) deck hands, pilots, engineers, and firemen of a steamboat, (a) or even a woman, if she renders maritime services ; (b) and to all officers except the master. (c) Also to persons hired principally for their skill as wreckers, who are also required to aid in the management of the vessel. (d) But mere landsmen on board have no lien, as barbers, servants, (e) musicians, (f) or a watchman, or keeper in port. (g)

This lien exists against the government, when the seamen are employed in civil purposes. (h) It prevails even over a bottomry

(r) Brown v. Lull, 2 Sumner, 443, and cases passim. In The Steamer May Queen, Sprague, 688, a boiler was put into a steamer by the makers, under an agreement that it should continue their property until paid for, with a right to remove it should any instalments be overdue. It was held, that the seamen had a lien on the boiler, although instalments were unpaid and overdue.

(s) Pitman v. Hooper. 3 Sumner, 50, 286.

(t) The Eastern Star, Ware, 185.

(u) The Betsey & Rhoda, Daveis, 112.

(v) 1813, c 2, § 2,3 U. S. Stats, at Large, 2.

(w) Alleson v. Marsh, 2 Vent. 181; The Prince George, 3 Hagg. Adm. 376.

(x) Black v. Ship Louisiana, 2 Pet Adm. 268; Smith v. Sloop Pekin, Gilpin, 203.

(y) Tamer's case, Ware, 83. See Allen v. Hallet, Abbott, Adm. 673.

(z) Wheeler v. Thompson, 2 Stra. 707; Creed v. Mallet, Fortes. 231.

(a) Wilson v. The Ohio, Gilpin, 605; The Steamer May Queen, Sprague, 688.

(b) The Jane & Matilda, 1 Hagg. Adm. 187; Wolverton v. Lacey, 18 Law Reporter, 672; Sageman v. Sch. Brandywine,. 1 Newb. Adm. 6.

(c) As the mate: The Steamer May Queen, Sprague, 588; Bayly v. Grant, 1 Salk. 33; Hook v. Moreton, 1 Ld. Raym. 397; and the boatswain: Alleson v. Marsh, 2 Vent 181; Ragg v. King, 2 Stra. 868.

(d) The Sch. Highlander, Sprague, 610.

(e) Thackarey v. The Farmer Gilpin, 584, per Hopkinson, J.

(f) Trainer v. The Superior, Gilpin, 614.

(g) Phillips v. The Thomas Scattergood, Gilpin, 1; Graham v. Hoskins, Olcott, Adm. 224.

(h) See The St Jago De Cuba, 9 Wheat. 409; United States v. Wilder, 8 Sumner, 308.

1 "A seaman has a threefold remedy for his wages against the master, the owner, or the ship, and may proceed at his election against either of the three in the admiralty, or against the master or the owner at common law." Gray, C. J., in Temple v. Turner, 123 Mass. 125, citing The Jack Park, 4 C. Rob. 308, and Aspinwall v. Bartlet, 8 Mass. 483. A shipmaster who has been habitually drunk during his employment cannot maintain an action for his wages. The Macleod, 5 P. D. 264.

bond, because it is the services of the seamen, which, by bringing the vessel into port, give to the bottomry bond any value. (i)

If the ship is lost before the completion of the voyage, wages are due to the last port of delivery, or to the last port of arrival, and for half the time she lies in that port. (j)

Seamen are not permitted to insure their wages, (k) or to derive any benefit from an insurance by the owners, either on freight or ship. (l) But advanced wages belong to the seamen, * whether they are earned by subsequent services or not. (m) It is a maxim of the law-merchant, that freight is the mother of wages. (n) This rule probably meant, originally, that the freight which the ship earned is the fund from which the owners pay their seamen. It is now, however, a rule of some importance in determining whether the seamen have earned their wages for a voyage.

While seamen are, as we have seen, regarded very kindly by the law-merchant, and. are protected by a lien which overrides all others, the necessity of stimulating the sailors to every effort which may make the voyage successful, has made it a rule of the law-merchant that wages are earned only when the freight is earned. It is, however, true, that wages are earned if the freight either is or might be earned; for no special contract between the owner and the freighter, in respect to the obligation to pay freight, has any effect whatever on the earning of wages. (o)

As to the voyage and its completion, we have seen that wages are earned to every port of delivery or arrival, although it be not the port of ultimate destination. A voyage may, however, be so far an entire voyage outward and homeward, as that wages are not earned until the end of the whole. (p)

If a ship be wrecked, and the seamen stay by her until the last moment, and make every effort for her safety, and enough is

(i) See ante, p. *283, note (a).

(j) Hooper v. Perley, 11 Mass. 646; Pitman v. Hooper, 3 Sumner, 286.

(k) The Juliana, 2 Dock. 600; Lucena v. Craufurd, 6 B. & P. 294; Webster v. De Tastet, 7 T. R. 167; The Neptune, 1 Hagg. Adm. 239.

(l) The Lady Durham, 3 Hagg. Adm. 106; M'Quirk v. Ship Penelope, 2 Pet. Adm. 276; Icard v. Goold, 11 Johns. 270.

(m) The Mentor. 4 Mason, 102.

(n) See the learned argument of counsel in the case of The Niphon, U. S. D. C. Mass. 13 Law Reporter, 266.

(o) Anonymous, 1 Pet Adm. 101, note; Pitman v. Hooper, 3 Sumner, 60, 286; Blanchard v. Bucknam, 3 Green1.1.

(p) The Lady Durham, 3 Hagg. Adm. 196; Hernaman v. Bawden, 3 Burr. 1844; Giles v. Brig Cynthia, 1 Pet. Adm. 206; Anonymous, 1 Pet. Adm. 206.

saved to pay their wages or any part thereof, those wages are earned. (q) Where nothing of the cargo is saved, this would be in contradiction of the rule that freight is the mother of wages. To avoid this, it has been said that they are now earned by way of salvage. (r) But this again would contradict the more important rule, * that all possible efforts for the safety of the ship and cargo are demanded of the seamen by their legal duty; and therefore they cannot earn salvage. We prefer to say, that what is then paid them is paid as wages. (s)

At common law it has been said, that if the ship be abandoned for an original unseaworthiness before any freight is earned, no wages are due. (t) This conclusion springs also from the rule that freight is the mother of wages. But admiralty would not permit the sailors to lose their wages for the fault of the owner, without fault on their part, and we doubt whether common law would do so now. (u)