II. Contracts of Affraightment by Charter-parties or otherwise.
Reasons,
1. Because there is a necessary relation and dependance between Fraight and Wages, and therefore of necessity must belong to the same Judicatory.
1. Usually the Wages is paid out of the Fraight.
2. There be divers Cases wherein the Marriners Wages are defaulked or abated in respect of the abatement of Fraight, as in case of losse or spoyl∣ing the Merchants goods, and therefore fit both to be examined in the same Court;
2. Beause of inconvenience, if Fraight and Wages should belong to severall Judicatories.
1. The Marriner shall have a speedy remedy agaiast the Master or Owner for his Wages, but the Owner put to a long suite to recover the Fraight which should defray the Wages.
2. The Owner shall be enforced to pay full Wages where there may be just cause of defaulcation of Wages in respect of the Merchants losses, which cannot be discovered till the Merchant judiciously prove it.
3. The defaulcation of the Marriners Wages in case of losse or dammage of the Merchants goods, is the greatest ingagement of care and fidelity up∣on the Marriners, and therefore, if they shall recover their full Wages, before examination of the Merchants dammages, which cannot be put upon the suite for Fraight, this ingagement will be wholly lost;
4. Otherwise the Owner may lose his Ship for non-payment of Wages, before he can possibly recover his Fraight which should discharge it.
3. Because there are many Cases wherein there is a necessity to depart from the Letter of the Charter-patty, otherwise the Merchant, Master, and Owner may be ruined; this the Lawes and course of the Admiralty doth permit, the course of the Common Law doth not.
For instance,
A Contract is made for six months, payable monthly by the Charter-party:
Yet, if within the time the Ship be imbarqued, no Fraight shall be paid for that time.
If before a Port made, and the goods delivered, the goods 〈…〉〈…〉
4. The Fraighter may be beyond or upon the Sea, and cannot be arrested, or may be insolvent, whereby the party is remedilesse at Law 〈…〉〈…〉 the Lawes and course of the Admirall Court, the goods may be attached, and upon default condemned for the payment of Fraight, which is the great security of the Master and Owner.
5. The Fraight of one Voyage is the supply of another, and therefore requires a summary dispatch for the advancement of Trade and Navigation, which is setled by the Laws and course of the Admiralty, but cannot be by the course of the Common Law.
6. The proofs in such cases, are most commonly by Sea-men, or Persons residing beyond Sea, who are examinable by Commission in the Admiralty; but by course of Common Law must punctually attend the tryall which in most cases is impossible.
7. By the Statute of 32. H. 8. Cap. 14. a summary remedy is given to the Merchant upon Charter-parties, and therefore necessary that the Owner should have the like reciprocall remedy, being it is but one Contract.