- 14 - 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.”Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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