The Mermaid
The Mermaid
Opinion of the Court
after stating the case as above, delivered the opinion of the court.
The district court held that the conduct of the appellee was not desertion, for the reason that he had not bound himself by signing lawful shipping articles; but the court expressed the opinion that, but for defects in the shipping articles rendering them void, it would not hesitate to declare a forfeiture of the appellee’s wages for desertion. We agree with the district court that drunkenness was no excuse for the conduct of the appellee, and that his action in leaving the vessel as he did was desertion. We are unable, however, to concur in the conclusion that the shipping articles are so defective under the law as to be void. They describe the voyage in the following words: “To ports in the district of Alaska within the Behring Sea and Arctic Ocean, and also other ports and places in any part of the world, as the master may direct, and back to a final port of discharge in the 'United States, for a term of time not exceeding six calendar months.” The statute (section 4511, Rev. St.) requires that the shipping articles shall state “the nature, and so far as practicable, the duration of the intended voyage or engagement, and the port or country at which the voyage is to terminate.” The articles in question undoubtedly comply with the second and third of these three stathtory requisites. They state the duration of the intended voyage, and the country at which it was to terminate. These are obviously the most important features of the contract, so far as it concerned the seaman. They informed him of the length of time of his engagement, and, in a general way, of the
The decree will be reversed, and the case remanded, with instructions to dismiss the libel.
Reference
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- I Seamen — Shipping Articles — Validity under Statute. Under Rev. St. § 4511, which requires shipping articles to state “the nature, and so far as practicable the duration, of the intended voyage or engagement, and the port or country at which the voyage is to terminate,” articles for service on a brig from a port in the state of Washington “to ports in the district of Alaska, within the Behring Sea and Arctic Ocean, and also other ports and places in any part of the world, as the master may direct, and back to a final port of discharge in the United States, for a term of time not exceeding six calendar months,” are not so indefinite in describing the nature of the voyage as to render them void, in view of the character of the vessel, the length of time required to make the voyage to an Alaskan port and return, and the limit on the term of service. & Same — Forfeiture of Wages — Desertion at Sea. Libelant, a seaman who has signed for a voyage to an Alaskan port and return to a port of the United States, before reaching the port of destination, and while at sea, went on board another vessel without leave, where he became intoxicated and refused to return when ordered, and did not thereafter return or offer to return to his service. 'Held, that his intoxication was no excuse, and that by his desertion he forfeited his wages earned.