Page:Federal Reporter, 1st Series, Volume 1.djvu/737

HEYN80HN V. MEREIMAN. 729 �ashore, and the bark sailed from that port, leaving him sick on shore. He was not discharged, nor paid his wages. �The bark went from Buenos Ayres to Valparaiso, and the United States consul there, being informed that the libellant had been left sick at Buenos Ayres, without being discharged-, and without payment of his wages, refused to clear tha vessel until the sum of $85.97 was paid to him, that amount being claimed by the constil as the wages actually due to libellant, and three months' extra wages. �The master paid this sum to the consul, who credited it to the sailors' relief fund of the Valparaiso consulate, but no part of the money was paid to the libellant. The libellant re- mained in the hospital till November 24, 1875, when he was discharged therefrom as oured. �On the fifteenth of Pebruary, 1876, he shipped on another vessel for the United States. This was the first berth he was able to obtain in order to get home af ter leaving the hospital. �The libellant claims his wages up to January 15, 1876. The defendant claims that the payment at Valparaiso dis- charges him from ail liability, or, if not, that he should be credited with that payment. �The libellant is clearly entitled to his wages for the time claimed. A seaman, though sick, who is left by the master in a foreign port, without his consent and without being dis- charged, is entitled to his wages up to the end of the voyage, or until he can get back to his home port. Nevitt v. Clarke, Ole. Adm. 320. �The defendant claims that the payment at Valparaiso works a satisfaction of the libellant's claim for wages, under Eev. St. § 4582. But I do not perceive that that section bas any bearing on the case. By it a master is required, on discharg- ing a seaman, who is a citizen of the United States, with his own consent, in a foreign country, to prod'uce to the consul the certiiied list of his ship's company, and to pay to the consul the wages due, and three months' extra wages. That is, if the defendant had, with the consent of the libellant, discharged him at Buenos Ayres, he must bave paid to the consul there the wages due up to that time, and three months' ��� �