Page:Federal Reporter, 1st Series, Volume 4.djvu/764

 750 FEDERAL REPORTER. �tions to rulings are taken before the decree îs entered, that is, during the trial, there can be no bill of exceptions. There- fore, in the present case, there can be no bill of exceptions, and I must decline to sign one. The only paper I can sign is one amounting to a record, showing the proceedings which took place in court in the case at the trial, prior to the decision of it by the court, embodying the requests to find on both sides, and also the findings made and the written opinion of the court, and the exceptions filed showing the dates of the several proceedings. It must be left to the supreme court to say what, upon such record, wiU be the extent of its review in this case. I have changed the proposed bill of exceptions into Buch a record and bave signed it. ���BoLLiNS V. Steamer E. 0. Stanabd and others. (Diitriet Court, B. B. Mittovn. November 25, 1880.) �1. Mahiners — Wages— Ratbs. — Where mariners are not engaged at a flxed rate, the courts will allow them the highest rates existlng at the time at the port of departure. �In Admiralty. �Drummond a Smith, for petitioner. �R. H. Kern, for respondents. �Treat, D. J. The demand of libellant, as mariner, is for the sum of $39, and respondent tendered $30.30. It seems that for a previous voyage it was agreed that libellant should receive five dollars more a month than roustabouts, and that he consequently was paid at the rate of $35 per month. On the foUowing voyage, which is that in question, roustabouts re- ceived per agreement $40 per month; and, therefore, libel- lant demanda at the rate of $45 per month, and shows, by satisfactory evidence, that the difference for classes of service mentioned is as charged. �Mariners are wards of the court, and as such are to be pro- ����