Page:Federal Reporter, 1st Series, Volume 10.djvu/168

 156 FEDERAL REPOSTEU. �rily tHe full half of the stream; if she does so, it is her duty, upon the first indication of possible danger from another vessel approaching with the current, to change her course and give way betimes, as much and as early as possible. The tug had sufficientroom to do so. She must have been at least 125 feet from the shore, and probably more than that, and there was no obstruction in that direction. She did port, as she ought to have done earlier, but too late to be of any serv- ice; and no previous signais of danger were given. In not giving any such additional signais, and especially in her failure to give way by porting or stopping, or in attempting to do either, until too late, there was such a want of that vigilance and caution which the situa- tion demandedof her, that the Blue Bonnet must also be held in fault. A decree should be entered against both vessels, with the usual order of reference. ���The Paul Eevere. {District Court, 8. D. New York. Jamiary 27, 1882.) �1. Sbamen's Wages — Epfkct op Consul's DiscJiAnoE. �Where a consul has by statute jurisdiotion to grant a disoharge, his certifl- cate thereof, duly authenticated, ia a bar to a seaman's claim iox wages subse- quent to his discharge. �2. Samb. �Where, upon the proceedings before the consul on a charge of criminal mis- conduct, it does not appear that any question was made ooncerning the sea- man's wages at the time of his disoharge, the seaman is not precluded from claiming any wages which may, upon the merits, appear to be due to him. �3. BeAMBN— POITISHMBNT FOR MiSCONDUCT. �Double punishmeat through loss of wages, in addition to confinement on board,is not to be imposed except in cases where the seaman is incorrigiblydis- obedient, and his confinement is necessary to the salety of the ship, in conse- quence of his own dangerous character. �4. Sam:;— DoaBLB Ponisii-mknt Whbn Not Imposbd — Case Stated. �Where the cook(coIored)shipped for a voyage from New York to Yokohama and back, and when two months out, in an aflray with the steward, fired two shots of a small pistol, by which the steward received a flesli wound in the wrist, and it appeared that the steward was a maa of a quarrelsome and dan- gerous character ; that the affray was the resuit of several previous quarrels and challenges to flght ; and it appearmg that aside from this affray the cook was neitlier quarrelsome nor dangerous in his ordinary behavior, and had pre- viously applied to the captain for protection against the steward ; and that immediatelyafter the flring he was arrested without resistance, put in irons by ��� �