Seamen are entitled to their wages, of which one-third is due at every port at which the vessel shall unlade and deliver her cargo before the voyage be ended ; and at the end of the voyage an easy and speedy remedy is given them to recover all unpaid wages. When taken sick, a seaman is entitled to medical advice and aid at the expense of the ship, such expense being considered in the nature of additional wages and as constitut ing a just remuneration for his labor and services; Harden v. Gordon, 2 Mas. 541, Fed. Cas. No. 6,047; Raymond v. The Ella S. Thayer, 40 Fed. 904. In case of sickness preventing a performance of duty, if the malady be not occasioned by the mariner's malconduct, the full wages are payable; and if a sailor dies on the voyage, his heirs shall have his full wages; Highland v. The Harriet C. Kerlin, 41 Fed. 224.
The right of seamen to wages is founded not in the shipping articles, but in the serv ices performed; Mahoon v. The Glocester, Bee 395, Fed. Cas. No. 8,970; and to recover such wages the seaman has a triple remedy, —against the vessel, the owner, and the mas ter; Bronde v. Haven, Gilp. 592, Fed. Cas. No. 1,924; Carey v. The Kitty, Bee 254, Fed. Cas. No. 2,401. But he cannot claim wages to the end of the voyage when he has ob tained his discharge at his own solicitation and against the advice and even against the expostulation of the master ; Raymond v. The Ella S. Thayer, 40 Fed. 903. The legis lation of most maritime countries, ancient and modern, established that the contract of a seaman always involved, to a certain ex tent, the surrender of his personal liberty during the life of the contract, and the neces sities, and perhaps the safety, of navigation have called into existence legislation, by near ly all maritime nations, for the purpose of securing the personal attendance of the crew on board and for their criminal punish ment for their desertion or absence without leave; and it is, therefore, a natural and equitable result that the expenses of their confinement and the wages of their substi tutes whilst they are refusing to work should be deducted from their wages; The W. F. Babcock, 85 Fed. 978, 29 C. C. A. 514. In cases of desertion of seamen, the proper ex penses for their arrest and detention, and the cost of supplying substitutes whilst so detained, and also the cost of any damage to property by them, may be 'deducted from their wages; id.
When destitute in foreign ports, Ameri can consuls and commercial agents are re quired to provide for them and for their passage to some port of the United States, in a reasonable manner, at the expense of the United States; and American vessels are bound to take such seamen on board at the request of the consul. See R. S. §i 4577
4579, as amended 1884 and 1886 ; SEAMEN'S FUND.
The arrest and return to their ships of deserting foreign seamen is required by the treaty with Russia and other treaties; whether, in the absence of a treaty, the courts have such power, is not decided: Tucker v. Alexandroff, 183 U. S. 424, 22 Sup. Ct. 195, 46 L. Ed. 264. That they have not, see Moore, Extrad. § 408; 6 Op. A. G. 209.
A seaman is one of the crew of a merchant vessel from the time he signs the shipping articles; of a man of war, as soon as he is tailed to her service; Tucker v. Alexandroff, 183 U. S. 424, 22 Ct. 195, 46 L. Ed. 264.
An alien enlisting as one of the crew of an American ship becomes a temporary sub ject of the United States so as to bring him within the jurisdiction of a United States consular tribunal in respect of an offence committed by him on board ship; In re Ross, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. Ed. 581. So a German serving as a seaman on a Swedish ship becomes, for all purposes in re lation to that ship, a Swedish subject; Ha waii v. Mankichi, 190 U. S. 216, 23 Sup. Ct. 787, 47 L. Ed. 1016.
If a seaman is seriously injured and re quires medical attendance within a reason able distance of a port it is • the master's duty to go there but not in every instance; The Iroquois, 194 U. S. 240, 24 Sup. Ct. 640; 48 L. Ed. 955.
Where a seaman on a whaling voyage per formed extra labor in connection with a trad ing venture carried on without his previous knowledge, he is entitled to the same share in the profits as his lay in the catch; Lopes v. Luce, Q84 Fed. 465.
If the return of a whaling ship is unduly delayed, a seaman is allowed for his time and expenses in return, over and above his lay ; The William Martin, 1 Spr. 564, Fed. Cas. No. 17,698.
Seamen on a whaler have no property in the oil; they may take their lay in kind, or get it in the cash value of the oil at the port of, delivery ; Bourne v. Smith, 1 Lowell, 547, Fed. Cas. No. 1,701. Seamen on a mackerel fishing vessel are not part owners of the catch ; Lewis v. Chadbourne, 54 Me. 484, 92 Am. Dec. 558.
Seamen in the public service are governed by particular laws. See NAVY ; LIEN ; MAR INER; DESERTION OF A SEAMAN ; SHIP; PAS TIES ; LAY.