Page:United States Statutes at Large Volume 18 Part 1.djvu/951

 Trru: 1.111.-MERCHANT SEAMEN.—Ch. 3-4. 879 dollars, then, subject to deduction for expenses, the court shall pay and deliver the same to the legal personal representatives of the deceased. Sec. 4545. When no claim to the wages or effects of a deceased seaman U¤¤1¤i¤¤¤dw¤§¤¤ or apprentice, received by a circuit court, is substantiated within six years md °,E°°t° °f °' after the receipt thereof by the court, it shall be in the absolute discre- tion of the court, if any subsequent claim is made, either to allow or Ibid·»°·50·P·273- refuse the same. Such courts shall, from time to time, pay any mone s arising from_ the unclaimed wages and effects of deceased seamen, which, in their opinion, 1t is not necessary to retain for the urpose of satisfyin claims, into the Treasury of the United States, and such moneys shah form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant marine service. Sec. 4546. Whenever the wages of any seaman are not paid within Summonsfornonten days after the time when the same ought to be paid according to the P“Ym°¤* °f "*8°*- provisions of this Title, or any dispute arises between the master and zoJu1y,1790_ c_ seamen touching wages, the district judge for the judicial district where 29, S- 6, v- 1. 133- the vessel is, or in case his residence be more than three miles from the 853 A“€·· 1 *2*- place, or he be absent from the place of his residence, then, any judge or  justice of the peace, or any commissioner of a. circuit court, ma summon The steamboat the master of such vessel to a pear before him, to show cause why process Th¤m¤¤ ·l€*f¤¤¤>¤» should not issue against such vessel, her tackle, apparel, and furniture, gi Vgé; 'ggicghg according to the course of admiralty courts, to answer for the wages.  FS3; ’·j·j,,, 1;;,,,,1- mus, Blatch. & H., 139; The Warrinlgmn, Blatch. on H., 335; Freeman v. Baker, Blatch. & H., 372; The Phoebe, Ware, 367; he Schooner David Faust, 1 Ben., 183; Whiteman r. The Ship Neptune, 1 Pet. Adm., 183; The Commerce, Sprague, 34; Collins 1:. Nickerson, Sprague, 126; The Ship William Jarvis, Sgrague, 485; Kief & Lang 1*. The Steamboat Lon on, Newb., 6; The Schooner Eagle, lc., 232. Sec. 4547. If the master against whom such summons is issued ne - Libel for W¤·z¤¤· lects to appear, or, a pearing, does not show that the wages are paid, go jury, 1790, c_ or otherwise satistiedp or for eitcd, and if the matter in is ute is not 29, s. 6, v. 1. p. 133. forthwith settled, the judge or `ustice or commissioner shalhcertify to 23 A¤S·»1842»¢· the clerk of the district court that there is sufficient cause of complaint whereon to found admiralty process, and thereupon the clerk of such Oliver v. Alexcourt shall issue process a ainst the vessel, and the suit shall be pro- ?]d€,pr?f°*%j1‘*35 ceeded on in the court, and; final judgment shall be given according to & fl 9:* °t° ‘ the usual course of admiralty courts in such cases. In such suit all the " ` seamen having cause of complaint of the like kind against the same vessel, shall be joined as comp ainants; and it shall be incumbent on the master to produce the contract and log-book, if required, to ascertain any matters in dispute; otherwise the complainants shall be permitted to state the contents thereof, and the proof of the contrary shall lie on the master. But nothing herein contained shall prevent any seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty `urisdiction, wherever any vessel may be found, in case she shall have left the port of deliverv where her voyage ended, before payment of the wages, or in case she shall be about to proceed to sea be ore the end of the ten days next after the delivery of er cargo or ballast. Sec. 4548. Moneys paid under the laws of the United States, by direc- _ Wages payable tion of consular otncers or agents, at any foreign port or dplace, as wages, m Soldextra or otherwise, due American seamen, shall be pai in lgold or its 3 nm,, 1873, c_ equivalent, without any deduction whatever, any contract to the contrary 265, p. 602. notwithstanding. CHAPTER FOUR. DISCHARGE. see. see. 4549. Mode of discha .. I 4552. Rules for settlement. 4550. Account on disclgxge. 4553. Certificate of character. 4551. Certificate of discharge. ,