Emerson v. Howland

STORY, Circuit Justice.

In future, where seamen are discharged in a foreign port, I shall decree against the owners the whole of the three months’ wages authorized and required to be paid by the statute of the 28th of February, 1803 (chapter 02). The practice has heretofore been to allow only the two months’ wages, which belong to the mariner. But the owner ought not to be in a better situation than if he had complied with the terms of the law; and it is the duty of the court to see, that it is enforced. The additional month’s wages will not, however, be paid over to the mariner, but retained…