Page:United States Statutes at Large Volume 18 Part 1.djvu/955

 Trrmz 1.m.—-MERCHANT SEAMEN.—~(,‘n. 5. 883 complaint, who shall, in their report, state what defects and deficiencies, if any, they find to be well founded, as well as what, in their judgment, ought to be done to put the vessel in order for the continuance of her vo . _ Sec. 4560. The inspectors appointed by any consul or commercial agent, R°P<>Y*<>H¤¤P¢¤"*· in pursuance of the preceding section, shall have full power to examine ?‘E___-,,_,_.-- the vessel and whatever is aboard of her, so far as is pertinent to their 20-luly. 1840. v- inquiry, and also to hear and receive any other proofs which the ends of 48· "’· 5· P- 396- justice may require: and if, upon a view of the whole roceedings, the consul or other commercial agent is satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval; or if he dissents, he shall certify his reasons for dissenting. Sec. 4561. The inspectors in their report shall also state whether, in Di¤°h¤'K°°i¤°¤· their opinion, the vessel was sent to sea unsuitably provided in any E‘n‘;;;’:°f,°§?:Q;g§ important or essential particular, by neglect or design, or through mis- ,,,,,8,,L take or accident, and in case it was by neglect or desi, and the consul +———— or other commercial agent approves of such finding,he shall discharge Ibm' such of the crew as require 1t, each of whom shall be entitled to three months’ pay in addition to his wages to the time of discharge; but if, in the opinion of the instpectors, the defects or deficiencies found to exist have been the result o mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty; otherwise they shall, upon their re uest, be dischar ed, and receive each one month’s wages in addition to dieir pay up to tile time of discharge. [Sw S5 1708. HM-] Sec. 4562. The master shall pay all such reasonable charges for inspec- Payment of tion under such complaint as shall be officially certified to him under °P°'8°° f°’“‘°P°°‘ the hand of the consul or commercial agent; but in case the inspectors 2E_,;. report that the complaint is without any good and sufficient cause, the Ibidmnster may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reasonable damages for detention on that account as the consul or commercial agent directing the inquiry may officially certify. Sec. 4563. Every master who refuses to pay such wages and charges Refusal to pay shall be liable to each person injured there y in damages, to be recov- W$8€€8¤fich$¥`€€$} ered in any court of the United States in the district where such delin- quent may reside or be found, and in addition thereto be punishable by Ibid., p. 397. a fine of one hundred dollars for each offense. Sec. -1-564. Every vessel belon ing toa citizen of the United States, Provisions. bound on a voyage across the Atgntic Ocean, shall, at the time of leav- 20 July, 1790, Q_ ing the last port from whence she sails. have on board, well secured under 29, s. 9, v. 1, p. 185. deck, at least sixty gallons of water, one hundred pounds of salted flesh —§ meat, and one hundred pounds of wholesome ship-bread, for every person ,._ The 3,,,, w,_,h_ on board such vessel, besides such other provisions, stores, and live-stock ington, 1 Pet. as shall by the master or passengers be put on board, and in like pro- Ad¤¤·,1_§9i F¤;¤‘¤- portion for shorter or longer voyages. gl? iwé Ship Elizabeth r-. Rickers, 2 Paine, 291; Pratt r. Thomas, Ware, 439; Coleman The Brig Harriet, Bee, 80; The Elizabeth Frith, Blatch. 6: H., 195; The Mary Paulina, Sprague, 45; Foster v-. Sampson, Sprague, 182; Collins et al. w-. Wheeler et al., Sprague, 188. Sec. 4565. Any three or more of the crew of any merchant-vessel of E¤$¤!¤i¤¤*i¤¤ of the United States bound from a port in the United States to any foreign ¥f_°j']_‘}[T3____ port, or being of the burden of seventy-five tons or upward, and bound 7 June, 1872, c. rom a port on the Atlantic to a port on the Pacific, or vice versa, may %· ¤· W V- W- P- 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 had quality and unfit for