Page:United States Statutes at Large Volume 11.djvu/82

 GQ THIRTY-FOURTH CONGRESS. Sess. I. C11. 127. 1856. Provismsh, Sm;. 25. And be it furthen enacted, That whenever any seaman gy case of des&rti0H mariner of any vessel of the United Sift5GB shall d€S€1‘t such vessel, the °" S°“““’“· master or eommandexyof such vessel shall note the fact and daze of Such desertion on the list of the crew, and the same shall be ofieially authenticated at the port: or place of the consulate or commercial agency first visited by such vessel after such desertion, if such desertion shall have occurred in a foreign country, or if in such case such vessel shall not visit any place where there shall be any consulate or commercial agency before her return to the United States, or the desertion shall have oecurred in this country, the fact and time of such desertion shall be 0Hicially authenticated before a notary public immediately at the first port or place where such vessel shall arrive afier such desertion; and all wages that may be due to such seaman or mariner, and whatever interest he may have in the cargo of such vessel, shall be forfeited to and become the property of the United States, and paid over for their use to the c0l· lector of the port where the crew of such vessel are accounted for as soon as the same can be ascertained; first deducting therefrom any expense which may necessarily have been incurred on account of such vessel in consequence of such desertion; and in settling the account of such wages or interest no allowance or deduction shall be made except For moneys actually paid, or goods at a. fair price supplied, or expenses incurred to, or for such seaman or mariner, any receipt or voucher from, or arrangement with such seaman or mariner, to the contrary notwithstanding. Pmvisiou for Sec. 26. And be it further enacted, That upon the application of any We °**S° °€, the seaman or mariner for 2. discharge, if it shall appear to the consular ofii- 3-,%ga(Q_s°a` cer that he is entitled to his discharge under any act of Congress, or according be the general principles or usages of maritime law, as rec0g· uized in the United States, he shall discharge such seaman or mariner, and shall require from the master or commander of the ship or vessel from which such discharge shall be made, the payment of three months} extra wages, as provided by the act h€1‘€l1'1l)€{01‘€ mentioned, approved 1803, ch· 9· February twenty-eigl1t, eighteen hundred and three; and it shall be the V<>l· ii-P- 203- duty of such master or commander to pay the same, and no such pay- ment OI` any part thereof shall be remitted in any case, except such as are mentioned in the proviso of the ninth clause of the act entitled "An act in addition to the several acts regulating the shipment and discharge 1840,ch.48. of seamen and the duties of c0nsuls," approved July twentieth, eighteen V<>l· V- P- 394- hundred and forty, and as hereinafter provided, and the extra wages required to be paid by the said ninth clause of the last hereinbefore mem tioned act, and by this section, shall be applicable to the same purposes and in the same manner as is directed by the said act approved February twenty-eighth, eighteen hundred and three, in regard to the extra wages required to be paid thereby ; and if any consular officer, when discharging any seaman or mariner, shall neglect to require the payment of and collect the extra wages required to be paid in the ease of the discharge of any seaman or mariner, by either of the said acts, as flu as they shall remain in force under this act or by this act, he shall be accountable to the United States for the full amount of their share of such wages, and to such seaman or mariner to the full amount of his share thereof; and if any seaman or mariner shall, after his discharge, have incurred any expense for board or other neeessaries at the port or place of his discharge before shipping again, such expense shall be paid out of the share of the three m0ntbs’ wages to which he shall be entitled, which shall be retained for that purpose, and the balance only paid over to him: Pro- Pf<>ViS0· vided, however, That in eases of wrecked or stranded ships or vessels, or ships or vessels condemned as unfit For service, no payment of extra wages shall be required. List to be kept Sec. 27. And be it further enacted, That. every consular odlcer shell