Page:United States Statutes at Large Volume 18 Part 1.djvu/954

 882 Tum; Lm.——MERCHANT SEAMEN.-—Ch. 5. Complaint that Sec. 4556. If the mate or first officer under the master, and a majority V°“°l ‘“ ““"“' of the crew of any vessel, bound on a voyage to any foreign port, shal, w...;...°’l'hy' after the voy is begun, and before the vessel shall have left the land, 20·l¤lY» 1790, ¢· discover thatathe vessel is too leaky, or is otherwise uniit in her crew, 29* 3·"· 1*132* body, tackle, apparel, furniture, provisions, or stores, to proceed on the intended vo age, and shall require such untitness to be imgiired into, the master shall, upon the request of the mate or other officer and such majority, forthwith proceed to or stop at the nearest or most convement port or place where such inquiry can be made, and shall there apply to the `udge of the district court of that judicial district, if he sha there reside, or if not, to some justice of the peace of the city, town, or place, taking with him two or more of the crew who shall have made such re uest. Proceedinn geo. 4557. The `udge or jlustice shall upon such application of the ¤j>°¤ °¤¤¤i¤¤*i°“ master or commander, issue is precept directed to three persons in the ‘]j_°°“"|‘ . neighborhood, the most skillful 1u maritime affairs that can be procured, Ibid. requiring them to repair on board such vessel, and_to examine the same in respect to the defects and insufficiencies complained of, and to make report to him, the judge or justice, as the case may be, in writing under their hands, or the hands of two of them, whether in any or 1u what res t the vessel is uniit to proceed on the intended voyage, and what adtlitieon of men, provisions, or stores, or what repairs or a terations in the body, tackle, or ap arel will be necessary; an upon such report the judge or justice shall adjudge, and shall indorse on the report his judgment, whether the vessel is fit to proceed on the intended voygge; and if not, whether such repairs can be made or deficiencies suppli where the vessel then lies, or whether it is necessary for her to return to the port from whence she first sailed, to be there refitted; and the master and crew shall in all things conform to the judglment. The master or commander shall, in the first instance, pay all the costs of such view, report, and judgment, to be taxed and al owed on a fair copy thereof, certified by the judge or justice. But if the complaint of the crew shall a pear, upon the report and jud ment, to have been without foundation, the master or commander, or tge owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable dama es for the detentiouéto be zscertaiqed by the judge or justice, out of the wages rowin ue to the comp aining seamen. Penalty for re- g 81:0.5558. lf after judgment that such vessel is fit to proceed on her fw! iv Pm0e0d intended voyage, or after procuring such men, provisions, stores, repairs, "l‘°“;°,fWl f°““d or alterations as may be directed, the seamen, or either of them, shall Ibid- peace to commit, by warrant under his hand and seal, every such seaman who refuses to the common jail of the county, there to remain without bail or mainprise until he has paid double the sum advanced to him at the time of subscribing the contract for the voy, together with such reasonable costs as are allowed by the justice, ah? inserted in the warrant; and the sureties of such seaman, in case he has given any, shall remain liable for such payment; nor shall any such seaman be discharged upon any writ of habeas corpus or otherwise, for want of any form of commitment, or other previous proceedings until such sum is paid by him or his surety, if su cient matter be made to ap ar, upon pho rpturpl of such gabeas}p<;rpus, and an examination then had)? to detain im or the causes erein e ore assigned. Appointment ot Sec. 4559. [3-pon a complaint in writing, signed by the first, or the inspectors by von- second and thi officers and a majority of the crew, of any vessel while wl *¤f°’€‘8" P°'*· in a. jgreign pprt,_th;1t auch vessel jg in ar; unsuitiabjle coqldititm to go to 20July, 1840, c. sea, cause s e is ea y, or msu cient su ie wit said s, ri in, +8, v- 5.lp- 336- anchors, or any other equipment, or that the direw is insufficient Engmgn 0,22 ·j,“vYbI 528 her, or that her provisions, stores, and supplies are not, or have not been, during the voyage, sufficient and wholesome, thereupon, in an of theso L0C°m;¤1*`· W°ld·2 or like cases, the consul or a commercial agent who may discharge any "‘· ‘ duties of a consul, shall appoint two disinterested, competent, practical men, acquainted with maritime affairs, to examine into the causes of
 * 2;- refuse to proceed on the voyage, it shall be lawful for any justice of the