« PreviousContinue »
June 19, 1886, or New Foundland, or the West Indies, or Mexico, as ch. 421, 8. i and note, s: 2 (1 Supp. authorized by section two of an Act approved June nineR. S., 493). teenth, eighteen hundred and eighty-six, entitled “An Act
to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes," an agreement shall be made with each seaman
engaged as one of such crew in the same manner as is proR. S., gecs. 4511, vided by Sections four thousand five hundred and eleven
and four thousand five hundred and twelve of the Revised Statutes,
not however including the sixth, seventh and eighth R. S., 4511, pars. items of Section four thousand five hundred and eleven; 6,7,8. Posting agree and such agreement shall be posted as provided in SecR. S., sec. 4519. tion four thousand five hundred and nineteen. Wages, etc. and such seamen shall be discharged and receive their R. S. secs., 4526, 4530, 4535, " 4536 wages as provided by the first clause of Section four thou4542, 4547, 4549, sand five hundred and twenty-nine and also by Sections
four thousand five hundred and twenty-six, four thousand five hundred and twenty-seven, four thousand five hundred and twenty-eight, four thousand five hundred and thirty, four thousand five hundred and thirty-five, four thousand five hundred and thirty-six, four thousand five hundred and forty-two, four thousand five hundred and forty-three, four thousand five hundred and forty-four, four thousand five hundred and forty-five, four thousand five hundred and forty-six, four thousand five hundred and forty-seven, four thousand five hundred and forty-nine, four thousand five hundred and fifty, four thousand five hundred and fiftyone, four thousand five hundred and fifty-two, four thousand five hundred and fifty-three and four thousand five
hundred and fifty-four of the Revised Statutes; Shipment, how but in all other respects such shipment of seamen and regarded.
such shipping ageement shall be regarded as if both shipment and agreemen't had been entered into between the master of a vessel and a seaman without going before a
shipping commissioner: Clothing Provided, That the clothing of any seaman shall be exempt from at.
empt from attachment, and that any person who shall detain such clothing when demanded by the owner shall be
liable to a penalty of not exceeding one hundred dollars." Exception SEC. 4513. The section forty-five hundred and eleven shall to shipping arti
not apply to masters of vessels where the seamen are by Idem, s. 12, and custom or agreement entitled to participate in the profits Feb. 271877, v. 19, p. 252. or result of a cruise or voyage, nor to masters of coastwise
nor to masters of lake-going vessels that touch at foreign ports; but seamen may, by agreement, serve on board such vessels a definite time, or, on the return of any vessel to a port in the United States, may reship and sail in the same vessel on another voyage, without the payment of additional fees to the shipping commissioner, by either the seaman or
the master. Penalty for SEC. 4514. If any person shall be carried to sea, as one of shipping with out agreement.
the crew on board of any vessel making a voyage as hereJune 7, 1872, s. inbefore specitied, without entering into an agreement with 14, v. 17, p. 265.
the master of such vessel, in the form and manner, and at the place and times in such cases required, the vessel shall be held liable for each such offense to a penalty of not more than two hundred dollars. But the vessel shall not be held liable for any person carried to sea, who shall have secretly stowed away himself without the knowledge of the master, mate, or of any of the officers of the vessel, or who shall have falsely personated himself to the master, mate, or officers of the vessel, for the purpose of being carried to sea. SEC. 4515. If any master, mate, or other officer of a ves- Penalty for
knowingly shipsel knowingly receives, or accepts, to be entered on board ping soamon of any merchant-vessel, any seaman who has been engaged witbigit articles. or supplied contrary to the provisions of this Title, the ves- Steamship City
of Mexico, 11 sel on board of which such seaman shall be found shall, for
Blatch., 489. every such seaman, be liable to a penalty of not more than two hundred dollars. SEC. 4516. In case of desertion, or of casualty resulting Lost seamen
may be replaced. in the loss of one or more seamen, the master may ship a June 7, 1872, s. number equal to the number of whose services he has been 14, v. 17, p. 265. deprived by desertion or casualty, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding sections. SEC. 4517. Every master of a merchant.vessel who en- Shipping sea
in foreign gages any seaman at a place out of the United States, in which there is a consular officer or commercial agent, shall, Ibid., s. 15. before carrying such seaman to sea, procure the sanction of such officer, and shall engage seamen in his presence;
and the rules governing the engagement of seamen before a shipping.commissioner in the United States, shall apply to such engagements made before a consular officer or commercial agent; and upon every such engagement the consular officer or commercial agent shall indorse upon the agreement his sanction thereof, and an attestation to the effect that the same has been signed in his presence, and otherwise duly made. SEC. 4518. Every master who engages any seaman in Penalty for vio
lating preceding any place in which there is a consular officer or commercial agent, otherwise than as required by the precerling section, Ibid. shall incur a penalty of not more than one hundred dollars, for which penalty the vessel shall be held liable.
SEC. 4538. Whenever any seaman or apprentice belong. Title 53, chap. 3. ing to or sent home on any merchant-vessel, whether a foreign-going or domestic vessel, employed on a voyage “June , 1872, d. which is to terminate in the United States, dies during 43, v. 17, p. 271. such voyage, the master shall take charge of all moneys, clothes, and effects which he leaves on board, and shall, if he thinks fit, cause all or any of such clothes and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the official log book, and cause it to be attested by the mate and one of the crew, containing the following particulars:
First. A statement of the amount of money so left by the deceased.
Effects of de ceased seamen.
Second. In case of a sale, a description of each article sold, and the sun received for each.
Third. A statement of the sum due to deceased as wages, and the total amount of deductions, if any, to be made
therefrom. Proceedings in SEC, 4539. In cases embraced by the preceding section, regard to effects of deceased sea the following rules shall be observed:
First. If the vessel proceeds at once to any port in the Ibid., 8. 44.
United States, the master shall, within forty-eight hours after his arrival, deliver any such effects remaining unsold, and pay any money which he has taken charge of, or received from such sale, and the balance of wages due to the deceased, to the shipping commissioner at the port of destination in the United States.
Second. If the vessel touches and remains at some foreign port before coming to any port in the United States, the master shall report the case to the United States consular officer there, and shall give to such officer any information he requires as to the destination of the vessel and probable length of the voyage; and such officer may, if he considers it expedient so to do, require the effects, money, and wages to be delivered and paid to him, and shall, upon such delivery and payment, give to the master a receipt; and the master shall within forty-eight hours after bis ar rival at his port of destination in the United States produce the same to the shipping-commissioner there. Such consular officer shall, in any such case, indorse. and certify upon the agreement with the crew the particulars with respect to such delivery and payment.
Third. If the consular officer does not require such pay. ment and delivery to be made to him, the master shall take charge of the effects, money, and wages, and shall, within forty-eight hours after his arrival at his port of destination in the United States, deliver and pay the same to the shipping commissioner there.
Fourth. The master shall, in all cases in which any seaman or apprentice dies during the voyage or engagement, give to such officer or shipping-commissioner an account, in such form as they may respectively require, of the effects, money, and wages so to be delivered and paid; and no deductions claimed in such account shall be allowed unless verified by an entry in the official log-book, if there be any; and by such other vouchers, if any, as may be reasonably required by the officer or shipping-commissioner to whom the account is rendered.
Fifth. Upon due compliance with such of the provisions of this section as relate to acts to be done at the port of destination in the United States, the shipping-commissioner shall grant to the master a certificate to that effect. No officer of customs shall clear any foreign-going vessel with
out the production of such certificate. Penalty for SEC. 4510. Whenever any master fails to take such charge neglect in regard to seaman's et. of the money or other effects of a seaman or apprentice Ibid., 8. 45.
during a voyage, or to make such entries in respect thereof, or to procure such attestation to such entries, or to make
Soe noto 2.
such payment or delivery of any money, wages, or effects of any seaman or apprentice dying during a voyage, or to give such account in respect thereof as is above directed, he shall be accountable for the money, wages, and effects of the seaman or apprentice to the circuit court in whose jurisdiction such port of destination is situate, and shall pay and deliver the same accordingly; and he shall, in addition, for every such offense, be liable to a penalty of not more than treble the value of the money or effects, or, if such value is not ascertained, not more than two hundred dollars; and if any such money, wages, or effects are not duly paid, delivered, and accounted for by the master, the owner of the vessel shall pay, deliver, and account for the same, and such money and wages and the value of such effects shall be recoverable from him accordingly; and if he fails to account for and pay the same, he shall, in addition to his liability for the money and value, be liable to the same penalty which is incurred by the master for a like offense; and all money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the courts and by the modes of proceeding by which seamen are enabled to recover wages due to them.
SEC. 4541. Whenever any such seaman or apprentice dies su Partion of con at any place out of the United States, leaving any money regard to deceasor effects not on board of his vessel, the consular officer of de seamau's efthe United States at or nearest the place shall claim and ibid., s. 46. take charge of such money and effects, and shall, if he thinks fit, sell all or any of such effects, or any effects of any deceased seaman or apprentice delivered to him under the provisions of this Title, and shall quarterly remit to the district judge for the district embracing the port from which such vessel sailed, or the port where the voyage terminates, all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seamen or apprentices which have come to his hands; and shall render such accounts thereof as the district judge requires. SEC. 4548. Moneys paid under the laws of the United Wages payablo
in gold. States, by direction of consular officers or agents, at any Mar. 3, 1873, v. foreign port or place, as wages, extra or otherwise, due 17, p. 602. American seamen, shall be paid in gold or its equivalent, without any deduction whatever, any contract to the contrary notwithstanding.
SEC. 4559. Upon a complaint in writing, signed by the Title 53, chap.6. first, or the second and third officers and a majority of the Appointment of crew, of any vessel while in a foreign port, that such vessel is posters by
consul in foreign is in an unsuitable condition to go to sea, because she is port,
July 20, 1840, . leaky, or insufficiently supplied with sails, rigging, anchors, 5, p. 3967 July 29, or any other equipment, or that the crew is insufficient to 1850, s. 6, v.9, p. man her, or that her provisions, stores, and supplies are not, or have not been, during the voyage, sufficient and wholesome, thereupon, in any of these or like cases, the consul or a commercial agent who may discharge any duties of a
Note 2.-Unclaimed wages and effects, after six years, go to the fund for the relief of disabled and destitute seamen. (Sec. 4515.)
crew and pay. ment of extra
consul, shall appoint two disinterested, competent, practi. cal men, acquainted with maritime affairs, to examine into the causes of complaint, who shall, in their report, state what defects aud deficiencies, if any, they find to be well founded, as well as what, in their judgment, ought to be done to put the vessel in order for the continuance of her
voyage. Report of in SEC. 4560. The inspectors appointed by any consul or
July 20, 1840, v. commercial agent, in pursuance of the preceding section, 5, p. 396.
shall have full power to examine the vessel and whatever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends of justice may require; and if, upon a view of the whole proceedings, the consul or other commercial agent is satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval; or if he dissents,
he shall certify his reasons for dissenting. Juno 26, 1884. SEC. 4. That section forty-five hundred and sixty-one of Discharge of the Revised Statutes be amended so as to read as follows:
“Sec. 4561. The inspectors in their report shallalso state wages on account whether, in their opinion, the vessel was sent to sea unsuitof unseaworthi. Dess of vessel.ably provided in any important or essential particular, by Substitute for neglect or design, or through mistake or accident; and in
case it was by neglect or design, and the consular officer approves of such finding, he shall discharge such of the crew as request it, and shall require the payment by the master
onth's wages for each seaman over and above the wages then due.
But if, in the opinion of the inspectors, the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, then the crew
shall remain and discharge their duty.” Payment of
SEC. 4562. The master shall pay all such reasonable charges for inspection. charges for inspection under such complaint as shall be
officially certitied to him under the hand of the consul or commercial agent; but in case the inspectors report that the complaint is without any good or sufficient cause, the master may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reasonable damages for detention on that account as the consul or commercial agent directing the inquiry
may officially certify. Refugal SEC. 4563. Every master who refuses to pay such wages charges; dam.
and charges shall be liable to each person injured thereby agos penalty in damages, to be recovered in any court of the United
: . Ibid., p.397.
States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine
of one hundred dollars for each offense. Examination of SEC, 4565. Anythree or more of the crew of any merchantprovisions. June 7, 1872. 8.
vessel of the United States bound from a port in the United 36, v. 17, p. 269. States to any foreign port, or being of the burden of seventy
five tons or upward, and bound from a port on the Atlantic
to pay wages and