Page:Federal Reporter, 1st Series, Volume 4.djvu/834

820 FEDBBAIi fiBPOETEE. �The principal question thus presented is wlietlier the wages €amed by a seaman in the coastwise trade of the United States are aubject to garnishment at the instance of a crediter of the seaman in an action at law brought in a state court. This question appears to have recôived little or no attention in the courts of this conntry, but is one deserving a careful exami- nation. In most maritime countries such a question could not be deemed an open one. As early as the Consolato it was declared that against the wages of the seaman no creditor of the ship, nor any other person, can say anything or do any- thing; for the seamen must have their wages at the place where the master has promised to pay them. Consolato del Mare, c. 95; 2 Pard. Lois Maritime, 131. It was not to he expected that, in a compilation of such antiquity as the Consolato, the modern proceeding by garnishment would be mentioned in terma. But the language employed is broad enough to cover such a prooeedilig, and the principle declared is plainly inconsistent with the light of a creditor to divert the seaman's wages into his own pocket by means of the pro- cess of garnishment. �The principle declared in the Consolato, and thus made part of the law of the maritime world as then understood, appears to have taken the form of an authoritative order in France in the year 1748, (Caumont, Dict. Droit Mar. title "Gens de Mer, " § 8, No. 19,) from which time to the present, as it is believed, the law of that great commercial nation has declared seaman's wages to be exempt from attachment at the suit of his cred- itor, except for debts of a certain character, and then only by virtue of express permission granted by officiai authority. The importance attached to this exemption in France is seen by its careful preservation during more than 100 years. In that couatry it is not even permitted to attach the wages of a seaman when deposited by him in a savings bank. �To the same effect has been the law of England, at least from the year 1728 up to the present time. The act of George II. c. 36, declares that the "payment of wages shall be good, valid in law, notwithstauding any action, bill of sale, attach- ment, or encumbrance whatsoever." While the act 17-18 ����