Page:United States Statutes at Large Volume 18 Part 1.djvu/948

 876 Trrnn L1u.—MERCHANT SEAMEN.—(JH. 3. master or owner who neglects or refuses to make Hayment in manner hereinbeforc mentioned, without sufficicnt cause, sha pay to the seaman a sum. not exceeding the amount of two days’ pay for each of the days, not exceeding ten days, during which payment is delayed beyond the respective periods; which sum shall be recoverable as wages in any claim made before the court. But this section shall not apply to the masters or owners of any vessel the seamen on which are entitled to share in the profits of the cruise or voyage. Paylnéntefwnses Sec. 4530. Everv seaman shall be entitled to receive from the master at P°"·"· &°·___r of the vessel to which he belongs, one-third part of the wages which 20 July, 1790, e. shall be due to him at every port where suc vessel shall unlade and 29,S·6n’· LP-133- deliver her cargo before the voyage is ended, unless the contrary be expressly stipulated in the contract; and as soon as the voyage is ended, and the cargo or ballast is fully discharged at the last port of delivery, he shall be entitled to the wages which shall be then due. Allotment of Sec. 4531. All stipulations for the allotment of any part of the wages Wages- of a seaman, durin his absence, which are made at the commencement 7 June, 1872, c. of the voya e shag be inserted in the agreement, and shall state the 322.¤·16,v- l7»P· amounts and; times of the payments to be made. and the persons to 262 whom such payments are to be made. AdVS¤°SS· Sec. 4532. No advance of wages shall be made, or advance security Ibm__ S, ]7_ given to any person, but to the seaman himself, or to his wife or mother; and no advance of wages shall be made, or advance security given. unless the agreement contains a stipulation for the same, and an accurate statement of the amount thereof; and no advance wages or advance security shall be given to any seaman except in the presence of the shippingcommissioner. R€€0V€¥`¥’ln wss Sec. 4533. lf any advance of wages is made or advance security given 0f ““l““' ul ad' to any seaman in any such manner as to constitute a breach of any of E?;.-. - the rovisions of the two preceding sections, the wages of such seaman Ibi‘l·» S- 18- shall)be recoverable by him, as if no such advance had been made or promised; and in the case of any advance security so given, no person shall be sued thereon, unless he was a party to such breach. Di¤¤<>¤¤¢ 9* Mk Sec. 4534. W henever any advance security is discounted for any sea- man, such seaman shall sign or set his mark to a. receipt indorsed on the Ibid. S- 19· security, stating the sum actually paid or accounted for to him by the person discounting the same; and if the seaman sails in the vessel from the port of departure mentioned in the security, and is then duly earning his wages, or is previously discharged with the consent of the master, but not otherwise, the person discounting the security may, ten days after the final departure of the vessel from the port of departure mentioned in the security, sue for and recover the amount promised by the security, with costs, either from the owner or from any agent who has drawn or authorized the drawing of the security; and in any such proceeding it shall be sufficient for such person to prove that the security was given by the owner or master, or some other authorized agent, and that the same was discounted to and receipted by the seaman; and the seaman shall be presumed to have sailed in the vessel from such port, and to be _ duly earning his wages, unless the contrary is proved. Leer of l¤¤¤· Sec. 4535. N o seaman shall, by any agreement other than is provided Ibid.,s.31,p.268. by this Title, forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled; and every stipulation in any agreement inconsistent with any provision of this Title, and every stipulation by which any seaman consents to abandon his right to his wages in the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative. Noattachmentor Sec. 4536. No wages due or accruing to any seaman or apprentice shall assignment of be subject to attachment or arrestment from any court; and every pa - ‘l,g"';...__. ment of wages to a seaman or apprentice shall be valid in law, notwith- Il>id.,¤.61,p·276· standing any previous sale or ass1gnment of wages, or of any attachment, incumbrance, or arrestment thereon; and no assignment or sale of wages, or of salvage, made prior to the accruing thereof, shall bind the party