The August Belmont

Citations

• 153 F. 639
• 1907 U.S. Dist. LEXIS 298

Syllabus

<p>1. Admiralty — Pleading—Objections to Jurisdiction.</p> <p>An objection to the jurisdiction oí a court of admiralty over a cause should he made by plea, or, where the want of jurisdiction is palpable, by demurrer.</p> <p>LEd. Noie. — For eases in point, see Cent. Dig. vol. 1, Admiralty, § 2G0..I</p> <p>2. Same — Jurisdiction—Suit by Seamen Against Foreign Vessel.</p> <p>A United States court of admiralty has jurisdiction of a suit by a seaman against a foreign vessel to recover wages, and the exercise of such jurisdiction is discretionary. Where the libelant is an American citizen, signed in an American port, although on board the vessel, and claims to have been wrongfully discharged, jurisdiction will be entertained.</p> <p>[Ed. Note. — For eases in point, see Gent. Dig. vol. 43, Seamen. § 134.]</p> <p>3. Seamen — Wages—Advances.</p> <p>Evidence considered, and hold to show that the voyage for which a libelant signed as a seaman was to terminate in a foreign port, and that he was therefore rightfully discharged in such port, but that he was entitled to recover a sum deducted from his wages on account of an advance payment made by the master when libelant signed in an American port, in violation of Act June 20, 1884, c. J2), 23 Stat. 55 amended by Act Dee. 21, 1898, c. 28, § 24, 30 Stat. 703 [U. S. Comp. St. 1901, p. 3080].</p>