to a port on the Pacific, or vice versa, may complain to any officer in command of any of the vessels of the United States Navy, or consular officer of the United States, or shippingcommissioner or chief officer of the customs, that the provisions or water for the use of the crew are, at any time, of bad quality, unfit for use, or deficient in quantity. Such officer shall thereupon examine the provisions or water, or cause them to be examined; and if, on examination, such provisions or water are found to be of bad quality and unfit for use, or to be deficient in quantity, the person making such examination shall certify the same in writing to the master of the ship. If such master does not thereupon provide other proper provisions or water, where the same can be had, in lieu of any so certified to be of a bad quality and unfit for use, or does not procure the requisite quantity of any so certified to be insufficient in quantity, or uses any provisions or water which have been so certified as aforesaid to be of bad quality and unfit for use, he shall, in every such case, be liable to a penalty of not more than one hundred dollars; and upon every such examination the officers making or directing the same shall enter a statement of the result of the examination in the log-book, and shall send a report thereof to the district judge for the judicial district embracing the port to which such vessel is bound; and such report shall be received in evidence in any legal proceedings. SEC. 4566. If the officer to whom any such complaint, in regard to the provisions or the water, is made, certifies in such statement that there was no reasonable ground for such complaint, each of the parties so complaining shall be liable to forfeit to the master or owner, out of his wages, a sum not exceeding one week's wages. Forfeiture for false complaint Ibid., s. 37. Permission to Ibid., s. 38. SEC. 4567. If any seaman, while on board any vessel, enter complaint. shall state to the master that they desire to make complaint, in accordance with the two preceding sections, in regard to the provisions or the water, to a competent officer, against the master, the master shall, if the vessel is then at a place where there is any such officer, so soon as the service of the vessel will permit, and if the vessel is not then at such a place, so soon after her first arrival at such place as the service of the vessel will permit, allow such seamen, or any of them, to go ashore, or shall send them ashore, in proper custody, so that they may be enabled to make such complaint; and shall, in default, be liable to a penalty of not more than one hundred dollars. Return of sea men. Feb. 28, 1803, s. SEC. 4577. It shall be the duty of the consuls, vice-consuls, commercial agents, and vice-commercial agents, from time to time, to provide for the seamen of the United 4, v. 2, p. 204. States, who may be found destitute within their districts, respectively, sufficient subsistence and passages to some port of the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the Secretary of State shall give. The seamen shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. June 26, 1884. tra wages. Destitute sea ters of vessels, at States. Substitute for R. S., sec. 4578. 1886, June 19, ch. 421, s. 18, SEC. 9. That section forty-five hundred and seventy-eight Disposal of ex- of the Revised Statutes be amended so as to read as follows: "SEC. 4578. All masters of vessels of the United States, men to be trans and bound to some port of the same, are required to take ported to United States by mas such destitute seamen on board their vessels, at the request cost of United of consular officers, and to transport them to the port in the United States to which such vessel may be bound, on such terms, not exceeding ten dollars for each person for voyof not more than thirty days, and not exceeding ages twenty dollars for each person for longer voyages, as may be agreed between the master and the consular officer; and said consular officer shall issue certificates for such transportation, which certificates shall be assignable for collection. If any such destitute seaman is so disabled or ill as to be unable to perform duty, the consular officer shall so certify able to do duty. in the certificate of transportation, and such additional compensation shall be paid as the First Comptroller of the Treasury shall deem proper. 497. p. Additional pay by United States when seamen un Refusal by master to receive Every such master who refuses to receive and transport destitute seamen. Such seamen on the request or order of such consular officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certifi cate of any such consular officer, given under his hand and official seal, shall be presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. Limit of obligation. No master of any vessel shall, however, be obliged to 1886, June 19, take a greater number than one man to every one hundred ch. 421, s. 18, p. tons burden of the vessel on any one voyage." 497. Payments in ad vance or for ship prohibited. "SEC. 10. That it shall be, and is hereby, made unlawful ment of seamen, in any case to pay any seamen wages before leaving the 22 Fed. Rep., port at which such seaman may be engaged in advance of 734:27 Fed. Rep., the time when he has actually earned the same, or to pay 765; 24 C. Cls. R., such advance wages to any other person, or to pay any person, other than an officer authorized by act of Congress to collect fees for such service, any remuneration for the shipment of seamen. 160. 18 Opins., 253. Exemption of whaling vessels. Penalty for false claim of re Any person paying such advance wages or such remuneration shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not less than four times the amount of the wages so advanced or remuneration so paid, and may be also imprisoned for a period not exceeding six months, at the discretion of the court. The payment of such advanced wages or remuneration shall in no case, except as herein provided, absolve the ves sel, or the master or owner thereof, from full payment of wages after the same shall have been actually earned, and shall be no defense to a libel, suit, or action for the recovery of such wages: Provided, That this section shall not apply to whalingvessels: And provided further, * * [Words omitted, super seded, 1886, June 19, ch. 421, s. 3, p. 493.] lationship. to any seaman in order to obtain wages so allotted shall, for every such offense, be punishable by a fine of not exceeding five hundred dollars, or imprisonment not exceeding six months, at the discretion of the court. This section shall apply as well to foreign vessels as to Section applies vessels of the United States; * * [Words omitted, sels. superseded, 1886, June 19, ch. 421, s. 3, p. 493.] to foreign ves lowance for men. SEC. 4579. Whenever distressed seamen of the United, Additional alStates are transported from foreign ports where there is transportation of no consular officer of the United States, to ports of the destitute seaUnited States, there shall be allowed to the master or Feb. 28, 1811, v. owner of each vessel, in which they are transported, such 2, p. 651. reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the First Comptroller of the Treasury. June 26, 1884. Discharge of seamen and pay Substitute for R. S.,sec. 4580. SEC. 2. That section forty-five hundred and eighty of the Revised Statutes be amended so as to read as follows: "SEC. 4580. Upon the application of the master of any ment of wages. vessel to a consular officer to discharge a seaman, or upon the application of any seaman for his own discharge, if it appears to such officer that said seaman has completed his shipping agreement, or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States, such officer shall discharge said seaman, and require from the master of said vessel, before such discharge shall be made, payment of the wages which may then be due said seaman; But no payment of extra wages shall be required by any consular officer upon such discharge of any seaman except as provided in this act." Substitute for SEC. 7. That section forty-five hundred and eighty-one of June 26, 1884. the Revised Statutes be amended so as to read as follows: Penalty on consuls for neglect "SEC. 4581. If any consular officer, when discharging any to collect extra seaman, shall neglect to require the payment of and collect wages. the arrears of wages and extra wages required to be paid R. S., sec. 4581. in the case of the discharge of any seaman, he shall be accountable to the United States to the full amount thereof. [Words omitted superseded, 1888, April 4, ch. 61, * 8. 3, p. 584.] Substitute for R.S., sec. 4582. "SEC. 5. That section forty-five hundred and eighty-two June 26, 1884. of the Revised Statutes be amended so as to read as follows: Extra wages "SEC. 4582. Whenever a vessel of the United States is in case of sale. upon discharge sold in a foreign country, and her company discharged, it shall be the duty of the master to produce to the consular officer the certified list of his ship's company, and also the shipping articles, and to pay to said consular officer for every seaman so discharged one month's wages over and above the wages which may then be due to such seaman; But in case the master of the vessel so sold shall, with the assent of said seaman, provide him with adequate employment on board some other vessel bound to the port at which he was originally shipped, or to such other port as may be agreed upon by him, then no payment of extra wages shall be required." June 26, 1884. Substitute for R. S., sec. 4583. SEC. 3. That section forty-five hundred and eighty-three Extra wages of the Revised Statutes be amended so as to read as follows: when voyage is unnecessarily "SEC. 4583. Whenever on the discharge of a seaman in prolonged or disa foreign country, on his complaint that the voyage is concharge is for injuries received. tinued contrary to agreement, the consular officer shall be satisfied that such voyage has been designedly and unneces sarily prolonged in violation of the articles of shipment, or whenever a seaman is discharged by a consular officer in consequence of any hurt or injury received in the service of the vessel, such consular officer shall require the payment by the master of one month's wages for such seaman over and above the wages due at the time of discharge." Protest upon impressment. 4, v. 1, p. 477. SEC. 4589. The master of every vessel of the United May 28, 1796, s. States, any of the crew whereof shall have been impressed or detained by any foreign power, shall, at the first port at which such vessel arrives, if such impressment or detention happened on the high seas, or if the same happened within any foreign port, then in the port in which the same happened, immediately make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person impressed or detained; distinguishing also whether he was an American citizen; and, if not, to what nation he belonged. Such master shall also transmit, by post or otherwise, every such protest made in a foreign country, to the nearest consul or agent, or to the minister of the United States resident in such country, if any such there be; preserving a duplicate of such protest, to be by him sent immediately after his arrival within the United States to the Secretary of State, together with information to whom the original protest was transmitted. In case such protest shall be made within the United States, or in any foreign country, in which no consul, agent, or minister of the United States resides, the same shall, as soon thereafter as practicable, be transmitted by such master, by post or otherwise, to the Secretary of State. June 26, 1884. Reclamation and discharge of deserters by con Substitute for R. S., sec. 4600. SEC. 6. That section forty-six hundred of the Revised Statutes be amended so as to read as follows: "SEC. 4600. It shall be the duty of consular officers to sular officers. reclaim deserters and discountenance insubordination by every means within their power, and where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where deserters are apprehended the consular officer shall inquire into the facts; and if he is satisfied that the desertion was caused by unusual or cruel treatment, he shall discharge the seaman, and require the master of the vessel from which such seaman is discharged to pay one month's wages over and above the wages then due; and the officer discharging such seaman shall enter upon the crew-list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and the facts as to his discharge or re-engagement, as the case may be, and subscribe his name thereto officially." donment of ofli Mar, 3, 1825, s. SEC. 5363. Every master or commander of any vessel Title 70, chap. 3. belonging, in whole or part, to any citizen of the United Forcible abanStates, who, during his being abroad, maliciously and with- cer or mariner in out justifiable cause forces any officer or mariner of such foreign port. vessel on shore, in order to leave him behind in any foreign 10, v. 4, p. 117. port or place, or refuses to bring home again all such offi- See note 1. cers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not more than six months. Sec. VESSELS. 4131. What are vessels of the United States. By whom may be commanded. 4132. What vessels are entitled to regis. ter. 4133. Vessels owned by nonresident citi zens. 4134. Vessels owned by nonresident naturalized citizens. 4135. American vessel taking foreign flag. 4146. Act Jan. 16, 1885. Certificate of reg. 4178. Act Feb. 21, 1891. Names of vessels 4189. Penalty for fraudulent registry. 4190. Sea letters, to what vessels issued. 4191. Making or using forged sea letters. 4204. Conveyance of bullion, etc. Sec. 4207. Rates of consular fees. 4308. Passports of unregistered vessels. 4310. Penalty for failure to deposit pa- 4573. List of crew to be delivered to col- 4574. Act Mar. 3, 1813. List of crew to be 4575. Rules as to crew list. 5358. Plundering wrecked vessels, etc. 5366. Other person destroying vessel at sea. 5367. Attempt to destroy vessel at sea. States. SEC: 4131. Vessels registered pursuant to law, and no Title 48, chap.1. others, except such as shall be duly qualified, according to What are veslaw, for carrying on the coasting trade and fisheries, or one sels of the United of them, shall be deemed vessels of the United States, and By whom may entitled to the benefits and privileges appertaining to such be commanded. vessels; but they shall not enjoy the same longer than they 1, shall continue to be wholly owned by citizens and to be commanded by a citizen of the United States. Dec. 31, 1792, s. v. 1, p. 287. See note 2. That the last clause of section forty-one hundred and June 26, 1884. thirty-one of the Revised Statutes be amended so as to read as follows: "All the officers of vessels of the United States shall be citizens of the United States, except that in cases where, on a foreign voyage, or on a voyage from an Atlantic to a Note 1.-The consular and diplomatic act passed July 1, 1882, appropriates $60,000 for the relief of American seamen in foreign countries. 23 Stat. L., 53. Officers of vessels of United States to be citizens, except, etc. Note 2.-An act approved Apr. 17, 1874, chap. 107, v. 18, p. 30, provides that any See act of Apr. alien, who in the manner provided for by law, has declared his intention of becoming 17, 1874, and act a citizen of the United States, and who may have been a permanent resident of the of Apr. 5, 1882, United States for at least six months immediately previous to the granting of such title, Pilots and license, may be licensed, as if already naturalized, as an engineer or pilot upon any pilotage." steam vessel subject to inspection under the provisions of the act of Feb. 28, 1871, v. 16, p. 440. An act approved Apr. 18, 1874, chap. 110, v. 18, p. 31, exempts canal boats or boats employed on the internal waters or canals of any State, excepting such as are provided with sails or propelling machinery of their own adapted to lake or coastwise navigation and such as are employed in trade with the Canadas, from the provisions of the act of Feb. 18, 1793, and from the payment of all customs and other fees under any act of Congress. |