Page:Federal Reporter, 1st Series, Volume 8.djvu/183

THE HUDSON. 169 means to retum to their homes, is it likely that a man of them would liave shipped on her ? Says Judge Treat, in the case of The Lioness, supra: "It is very easy for officers to state to a mai'iner deflnitely what his em- ployi lient is to be— whether to be discharged at the port of arrivai pr other- wise — if they wisli to limit his term of service, or reserve a right to discharge him before his retiirn to the port of shipinent." The humanity,of the rule which requires the mariner to be returned to his port of shipment, in the absence of an understanding to the contrary, is well illustrated by what befel these libellants. When they were tu"rned off the Hudson- into the streets of Pittsburgh the weather was bitter cold. Some of them vrere insufficiently clad; none of them had money enough to take them to their distant homes. They were total strangers in a great city, and soon penniless. In their extremity some of them were compelled to seek refuge at night in the city lock-up, where, in charity, they were permittea' tO' lodge. It is claimed that, having received their wages and qnit the boat, the libellants thereby waived any further rights they may have had; but, in view of all the faets, I think no waiver is shown. They were virtually expelled from the boat, and this without justification. Clearly, under the circumstances, the ofiScers of the Hudson were bound, either to keep the libellants upon the boat and provide them with food until the boat resumed navigation, of else furnish them with means to return to their several places of shipment. The libel- lants, therefore, will be allowed, respeotively, traveling costs and expenses, as of the date of their discharge, from Pittsburgh to their several places of shipment, by the ordinary routes then open, and also wages at the contract rate for the time required to reach said places ; and the case is recommitted to the commissioner to ascertain and report the several amounts coming to the libellants under tha rule of compensation indicated.