DESERTION OF A SEAMAN. The aban donment. by a sailor, of a vessel in which he had engaged to perform a voyage, before the expiration of his time, and without leave.
Where a seaman signs articles fOr a voy age, agreeing to go to the port where the vessel is lying to join her, arid fails to do so, he is a deserter ; In re Sutherland, 53 Fed. 551; Tucker v. Alexandroff, 183 U. S. 424, 22 Sup. Ct. 195, 46 L. Ed. 264, where a Russian sailor, sent to the United States as one of the force ordered to man a cruiser then building, was held a deserter within the meaning of the treaty of 1832 with Rus sia, though he never set foot on the vessel and it had not been commissioned.
Desertion without just cause renders the sailor liable on his shipping articles for damages, and, will, besides, work a for feiture of his wages previously earned ; 3 Kent 155. It has been decided in England that leaving the ship before the completion of the voyage Is not desertion, in case,— first, of the' seaman's entering the public service, either voluntarily or by impress ment; and, second, when he is compelled to leave it by the inhuman treatment of the captain; 2 Esp. 269 ; 1 Bell, Com. 514 ; 2 C.
Rob. 232. And see Cloutman v. Tunison, 1 Sumn. 373, Fed. Cas. No. 2,907 ; Sims v. Mariners, 2 Pet. Adm. 393, Fed. Cas. No. 12,893; Coffin v. Jenkins, 3 Sto. 109, Fed. Cas. No. 2,948.
To justify the' forfeiture of a seaman's wages for absence for more than forty-eight hours, under the provisions of the act of of July 20, 1790, an entry in the log-book of the fact of his absence, made by the Officer in charge of it on the day on which he absented himself, and giving name 'of the absent' seaman as • absent with out permission, is indispensable ; 2 'Pars. Sh. & Adm. 101 ; The Phoebe v. Degnum, 1 Wash. C. C. 48, Fed. Cas. No. 11,110 ; Gilp. 212, 296.
Receiving a marine again on board, and his return to duty with the assent of the master, is a waiver of the forfeiture of wages previously incurred ; Whitton v. The Commerce, 1 Pet. Adm. 160, Fed. Cas. No. 17,604.