Page:Federal Reporter, 1st Series, Volume 1.djvu/738

 730 ÏEDBEAIi REPORTER. �extra wages, and this would have released him and the vessel from further liability under the oontract. �Of the extra wages so paid two-thirds wonld have gone by the statute to the seaman himself, and one-third to a fund for the relief of destitute seamen. But there is no pretence that the libellant was discharged with his own consent, and therefore the statnte can have no possible application to effect the release of the vessel or the master. Nor can the libel- lant's rights be in any way affected by the act of the consul ai Vàlparaiso, which appears to have been unauthorized, in exacting this payment from the master. �Decree for libellant, with costs. ���Akdus V. The Stbamboat Saratooa. �{District Court, S. B. New Yvrk. March 13, 1880.) �Injubt to Tow-Boat — Duty of Stbamboat ns Passing Tow. — If a steamboat cannot safely pass on either side of a tow, traveling in the same direction, it is lier duty to wait until they have reached a point where she can thus pass in safety. �Same — Samb— Tow on thb Wkono Sidb of thb Chahnbl. — The mere fact that the tow was on the wrong side of the channel would not jus- tify the steamboat in violating her plain duty to keep out of the way of the tow, when she had such tow in plain sight, and was able to do so. �In Admiralty. �F. A. Wilcox, for libellant. �S. H. Valentine, for claimaint. �Choate, J. This is a libel by the owner of the canal-boat Belle Andus for injuries sustained while on a voyage from Troy to New York, in tow of the tug James McMahon, on the twenty-first day of September, 1877. There were 11 boats in the tow, in four tiers, eaeh tier having three boats, except the last, which had two. Libellant's beat was the starboard boat in the third tier, and directly astern of her was one of the boats in the last tier. The tow was proceeding down the river at a rate of about three miles an hour, and when she had reached the upper end of the long dike, about half a mila ��� �