James E. Anderson and Cheryl J. Latos - Page 14

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          receive a share of the proceeds from fishing operations on a                
          voyage basis rather than previously agreed-upon wages or fees.              
          See, e.g., Cromwell v. Slaney, 65 F.2d 940, 941 (1st Cir. 1933);            
          United States v. Laflin, 24 F.2d 683, 685 (9th Cir. 1928) (“It              
          has been the maritime law [for more than 700 years] that                    
          agreements, by which seamen, engaged in a fishing or whaling                
          voyage, are to receive for their services shares of the profits             
          of the voyage, are contracts of hiring, and the shares so agreed            
          upon are in the nature of wages, to recover which actions may be            
          maintained after the end of the voyage.”); The Carrier Dove, 97             
          F. 111, 112 (1st Cir. 1899); Cape Shore Fish Co. v. United                  
          States, 165 Ct. Cl. 630, 638, 330 F.2d 961, 965 (1964); Brown v.            
          Hicks, 24 F. 811, 812 (C.C.D. Mass. 1885) (shipmaster contracted            
          with the boat owner for the “the one-fifteenth lay or share of              
          the net proceeds of the cargo”).9                                           






               9In Cape Shore Fish Co. v. United States, 165 Ct. Cl. 630,             
          643 n.13, 330 F.2d 961, 969 n.13 (1964), the Court of Claims                
          quoted the following passage from Melville’s Moby Dick 57-58                
          (Intl. Collectors Lib. ed.) regarding lays:                                 
                 “I was already aware that in the whaling business                    
                 they paid no wages; but all hands, including the                     
                 captain, received certain shares of the profits                      
                 called lays, and that these lays were proportioned to                
                 the degree of importance pertaining to the respective                
                 duties of the ship’s company.”                                       





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