HUNT, Circuit Judge (after stating the facts as above).
Plaintiff in error contends that in suing for two days' pay for each day's delay in payment of wages claimed to be due to him as an able seaman (section 4529, Rev. St. [Comp. St. § 8320]) his action is for a penalty, and therefore governed by section 1047, Revised Statutes (Comp. St. § 1712), which provides that no suit for any penalty accruing under the laws of the United States shall be maintained...
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