Ward

The libel is for seaman’s wages from the period of time libelant was discharged from the General Gordon, under charter to the respondent, at Manila, P. I. on February 25, 1947, because of being ill with pulmonary tuberculosis till the end of the voyage in San Francisco on March 19, 1947, for a penalty of double wages for said period of time, and for an award for maintenance and cure. At the trial the stipulated evidence established that respondent was not liable for a penalty and libelant has, in essence, abandoned his claim for any penalty.

■ The uncontradicted evidence shows that libelant, ever since his return from Manila, has had the status of an active in-patient at United States Marine hospitals in Seattle, Washington, Fort Stanton, New Mexico, and San Francisco, California, where he now is, with an intervening period of two months in the Los Angeles County Hospital. The same evidence further shows that he will continue to be an active in-patient for an indefinite period of time, and that it is impossible at this time to determine, with any degree of accuracy, when he will commence to be treated on an out-patient basis by the 'hospital; that at.this time it is impossible to…