The opinion of the Court was by
— Desertion of the vessel during the continuance of the contract, animo non revertendi, and without sufficient cause, connected with a continued abandonment, works a forfeiture of seamen’s wages by the maritime law. But when a statute desertion is interposed as a forfeiture of wages, there must be a performance of the duty required by the act of Congress by making the proper entry in the logbook. Limland v. Stephens, 3 Esp. R. 269. Cloutman v. Tunison, 1 Sum.
In this case the seaman shipped for the term of four months and deserted, when the term had but little more than half expired ; and did not return, or offer to do so. And for this he offers no excuse. This brings him within the first class of cases; and his wages earned before the desertion are by the maritime law forfeited.
Exceptions sustained, and new trial granted.