Schmidt

Libelant shipped as chief- steward, on respondent’s steamship City of Sydney, in July, for round trip voyage from San Francisco to Balboa. The voyage ended in September, and on September 24th libelant received from the shipping commissioner -all of his wages therefor.

[1] The City of Sydney makes regular trips between these ports, and while in San Francisco, during the time this controversy arose, was engaged in discharging freight brought in, and loading freight for the next trip. It is the custom for the employés to remain on duty while in port, unless they receive notice of discharge from such employment, and to sign articles for the next trip on the day preceding the next sailing day. While in port they receive what is known as “port pay”; that is to say, their regular wages plus $1 per day for victualing, .as no meals are served on the vessel during her stay. Following this custom, libelant, having received no notice of discharge, remained in the service of respondent while the City of Sydney was discharging and 'receiving freight for its next trip, from September 25th to October 1st, inclusive. Upon October 1st he was told that his services would not longer be required.…