Page:United States Statutes at Large Volume 18 Part 1.djvu/964

 892 TITLE x.m.——MERCHANT SEAMEN.—Ch. 7. before whom the case is brought to have been made on improper or on insufficient grounds, the master, mate, consignee, or shipping·commis— sioner who makes the same, or causes the same to be made, shall be liable to a penalty of not more than one hundred dollars; but such penaltv, if inflicted, shall be a bar to any action for false imprisonment. Reclamationand Sec. 4600. It shall be the duty of consular officers to reclaim deserters disclmgeofdesert- and discountenance insubordination by eveqy means within their power; gs by °°“““l‘" °f' and where the local authorities can be use ully employed for that pur- L pose, to lend their aid and use their exertions to that end, in the most U>id·»¤·56.P-275· effectual manner. In all cases where deserters are apprehended, the consular officer shall inquire into the facts; and if he is satisfied that the desertion was caused by unusual or cruel treatment, the seaman shall be discharged, and receive, in addition to his wages to the time of the discharge, three months’ pay; and the officer discharging him shall enter upon the crew-list and shipping—articles the cause o discharge, and the particulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto, officially. [see! mn.] Penalty for se- Sec.4601. Whenever anyperson harborsorsecmtesanyseaman belongcreting seamen. ing to any vessel, knowing im to belongl thereto, he shall be liable to —`gf,j,],$’ 1790,-é; pay ten dollars for every ay during whic he continues so to harbor or 29, s. 4, v. 1, p. 133. secrete such seaman, recoverable one-half to the use of the person {perse- 801*] Ifgqlgggl ¢‘· gating] [prosecuting] for the same, the other half to the use of the nited Penalty for S1·:c. 4602. Any master of, or any seaman or apprentice belonging to, d¤‘¤¤k¢¤¤¤¤¤ of any merchant-vessel, who, by willful breach of dutv, or by reason of “°gl“° °f d“tY· drunkenness, does any act tending to the immediate loss or destruction 7 June, 1872, c. of, or serious damage to such vessel, or tending immediately to endanger 322, ¤· Ml V- 17» P- the life or limb of any person belonging to or on board of such vessel; or 274* who, by willful breach of duty, or by ne lect of duty, or by reason of drunkenness, refuses or omits to do any lhwful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving an erson belongin toor on board of such ship from immediate danger to  or limb, shalhior every such offense, be eemed guilty of a misdemeanor, punishable by imprisonment for not more than twelve months. Enforcement of Sec. 4603. Any question concerning the forfeiture of, or deductions for‘f¤i¢¤1‘¤¤· from, the wages of any seaman or apprentice, ma be determined in an * Ibid_’s_56’p_275_ proceediqg lawfully instituted with respect to such wages, notwithstanding the o ense in respect of which such question arises, though hereby made plunishable by lmprisonment as well as forfeiture, has not been made the subject of any criminal proceeding. _Di¤pos¤l of for- Sec. 4604. All clothes, effects, and wages which, under the provisions {um- _ of this Title, are forfeited for desertion, shall be ap lied, in the first Ibid., s. 55. instance, in payment of the expenses occasioned by such desertion, to the master or owner of the vessel from which the desertion has taken place, H,,.,,, 2S,,,,, 583: and the balance, if any, shall be paid by the master or owner to an shipping-commissioner resident at the port at which the voyage of such vessel terminates; and the ship ingcommissioner shall account for and pay over such balance to the judge of the circuit court within one month after the commissioner receives the same, to be dis sed of by him in the same manner as is prescribed for the disposal of tlililmoney, effects, and wages of deceased seamen. Whenever any master or owner neglects or refuses to pay over to the shi ping-commissioner such balance, he shall be liable to a penalty of double the amount thereof, recoverable by the commissioner in the same manner that seamen’s wages are recovered. In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the master or owner by whom the wages are payable. Appropriation of _ $EC. 4605. Whenever in any proceedin relating to seamen’s wages .-.T.;¥_ age, been convlc of any offense by any com tent tribunal, and right- Ibnd., ¤- 57- fully punished therefor, by imprisonment or otherwise, the court hearin 27 pcb_, 1877. ,._ the case may direct a part of the wages due to such [seamen] [seumani 69, v. 19,v. 252. not exceeding fifteen dollars, to be applied in re·imbursing any costs
 * `· · ‘ · `tates.
 * ’0¤I$;‘>§Jt]gn°°¤¤ of it is shown that any seaman or apprentice has, in the course of the voy-