Marder v. Boynton
District Court, D. Massachusetts
This was a libel promoted by William Mar-der and four others of the crew of the brig Mary Paulina, for extra wages, under the statute of July 20th, 1790 (section 9), which provides that “every ship or vessel, belonging as aforesaid, bound on a voyage across the Atlantic Ocean, shall, at the time of leaving the last port from whence she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted flesh meat, and one hundred…
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This was a libel promoted by William Mar-der and four others of the crew of the brig Mary Paulina, for extra wages, under the statute of July 20th, 1790 (section 9), which provides that “every ship or vessel, belonging as aforesaid, bound on a voyage across the Atlantic Ocean, shall, at the time of leaving the last port from whence she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted flesh meat, and one hundred pounds of wholesome ship-bread, for every person on board, over and besides such other provisions, stores and live stock as…
1Opinion of the Court
SPRAGUE, District Judge.
The first question which has been raised is, whether a voyage from the coast of Africa, near the equator, to Boston, is a voyage' “across the Atlantic,” within the meaning of the statute, or one requiring a larger supply of bread than the one hundred pounds specified in the statute. In the view I have taken of the case, it becomes unnecessary to decide that point, as I. think it clear that this vessel thad not even the one hundred pounds. The next question is, whether Acra, or St. Thomas, is to be deemed the “last port of departure;” and I have no doubt that it is St.…
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