Page:Federal Reporter, 1st Series, Volume 6.djvu/326

 314 FEDERAL REPORTER. �Olsbn and others t*. Schooneb Edwin Post, her tackle, etc. (District Court, 1). Velaware. March 18, 1881.) �1. Seamen— Wages. �While it is true as a general raie that seamen 'will not be entitled to wages until the voyage is completed, there are exceptions to it, and among them is the case of a vessel employed to perform certain ■work or duties in a specifled locality, and not engaged in carrying freight from port to port. �2. Same— Samb. �An agreement to pay them for six months' services on board the said vessel for wrecking purposes, although it may contain a proviso for its return to a specifled port, will not deprive the seamen of wages at the expiration of the term for which they shipped. �3. Same— Same. �If the seamen remain longer on board performing faithful service, they will be entitled to pay for their additional services upon the basis of quantum vieruit. �4. Same— Same. �A reasonable mode of determining that sum is to ascertain the wages mutually agreed upon between the parties during the contin- uance of their contract, and to adopt that rate for the additional services. �6. Same— Desertion. �Leavingthe vessel in a place of security, selected by the captain for winter quarters, in order to obtain wages which had been repeatediy refused them, does not constitute desertion, so as to deprive the sea- men of the wages earned. �6. Same— Wages. �Trivial depredation upon the ship's property does not of itself for- feit seamen's wages. �7. Amendments— COSTS. �Amendments of mere form not going to the merits of the case, and not of such a character asto prejudice the respondent, will not entitle him to costs. �In Admiralty. Libel for Wages. �Upon motion of the libellants' proctor to confirm the re- port of the admiralty commissioner under the forty-fourth rule in admiralty. �Charles B. Love, proctor for libellants for the motion. �L. C. Vandsgrift, proctor for respondents in opposition to- the confirmation of the report. ��� �