Page:United States Statutes at Large Volume 18 Part 1.djvu/959

 '1`rru: 1.m.—MERCHANT SEAMEN.—Ch. 5. 887 Every such master who refuses the same on the request or order of such consul or officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certificate of any such consul or officer, given under his hand and official seal, shall be presumptive evidence of such refuml, in any court of law havin jurisdiction for the recovery of the penalty. No master of any vessel slgall, however, be obliged to take a greater number than two men to every one hundred tons burden of the vessel on any one voyage. [Su S 1719-1 Sm. 4579. Whenever distressed mmen of the United States are trans- Additional dud,- ported from foreign ports where there is no consular officer of the United ance for transportates, to ports of the United States, there shall be allowed to the master *¤*l°¤ °f d¤¤¢i*¤*¤ or owner of each vessel, in which they are transported, such reasonable °°“"‘°"‘ compensation, in addition to the allowance now fixed by law, as shall be 28 Feb., 1811, c. deemed equitable by the First Comptroller of the Treasury. 28. V- 2. p- 651. Sec. 4580. Upon the application of any seaman to a consular officer Extra wages on for a discharge. if it ap are to such officer that he is entitled to his dis- divcbvge. charge under any act offlfongress, or according to the general principles or usages of maritime law, as recognized in the United States, the officer 127, s. 26,,v. 11,'p; shall discharge such seaman; and shall require from the master of the 62- vessel from which such discharge shall be made, the payment of three 243 Mfg 18%)**- months’ extra wages, over and above the w es which may then be due ’ v' ’ p` ’ tosuch seaman. Vhen, however, after a fulfhearing of both parties, the cause of discharge is found to be the misconduct of the seaman, the consular officer may remit so much of the extra wages as would be, by section forty-five hundred and eighty-four, payable to the seaman. [su 5; ues, un, rm.; Sue. 4581. If any consular officer, when discharging any seaman, shall Penalt for negneglect to require the payment of and collect the extra wages r uired lcctfocollcctextra to_be id in the case of the dischar e of any seaman, he shalllhe ac- ‘“‘8°“· countahle to the United States for the full amount of their share of such 18 A ., 1856, c. wages, and to such seaman to the full amount of his share thereof; and 127. ¤· 2%. v. 11, p. if any seaman shall, after his discharge, have incurred any expense for 62· board or other necessaries at the place of his discharge, before shipping again, such expense shall be id out of the share of t ree months’ wages to which he shall be entitledlm which shall be retained for that purpose. and the balance only paid over to him. [Sw SS 1719. 1786-] Sec. 4582. Whenever a vessel belonging to a citizen of the United Extra wages up- States is sold in a foreign country, and her companyl discharged, or when 0¤ di¤¤hMz¢. ln a seaman, a citizen of the United States, is, with is own consent, dis- °”"°f““l°· charged in a foreign country, it shall be the duty of the master to pro- 28 Feb., 1803, c. duce to the consular oflioer, the certified list of his ship’s company, and 9» ¤- 3. V- 2. P- 203- to pay such consul or officer, for every seaman so discharged, esignated The Aiiimticr on such list as a citizen of the United States, three months’ pay, over Abb. Adm., 451; and above the wages which may then be due to such seaman. ,{‘;’;*°u 2'2_U;;_E·é Caroline E. Kelly, 2 Abb. U. S., 160; Emerson v. Howland, 1 Mas., 45; Oyiine e·.’T0wnsend, 4 Mas., 541; Bates v. Seabury, Sprague, 433; Pool r. Welsh, Gilp., 193; The Dawn, Daveis, 121; Wells 1*. Meldrum, B atch. & H., 342; Ogden 1·. Orr, 12 Johns., 143; U. S. 3lsParI?:ps, 1 Low., 107; Hoffman et al., Yarrington, 1 Lowell, 168; Pray’s Case, 10 C. Sec. 4583. No payment of extra wages shall be reqcuired upon the dis- When extra cha of any seaman in cases where vessels are wrec ed, or stranded, or "%g?,m¤Y b¤ ¤>· conldgibnned as unfit for service. If any consular officer, upon the com- plaint of an seaman that he has fulfilled his contract, or that the voyage 20 July, 1840, c. is continuedy contrary to his agreement, is satisfied that the contract has 48. v. 5. p. 395. expired, or that the voyage has been protracted by circumstances beyond ,2,}** Aggn 18%- °· the control of the master, and without any design on his part to violate 62_ ’ °' ’ v` ’p' the articles of shipment, then he may, if he deems it just, discharge the mariner without exacting the three months’ additional pay. No payment of such extra wa s, or any part thereof, shall be remitted in any case, except as allowetfin this section. Sec. 4584. Whenever any consular officer upon the discharge of any Disposalofextra seaman demands or receives extra three months’ wages for such seaman, W¤8¤¤- two-thirds thereof shall be paid by such officer to the seaman so dis- N ¤1—-03-61