Page:United States Statutes at Large Volume 30.djvu/794

 756 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 28. 1898. Such seaman shall be considered as a destitute seaman and shall be _R- S··¤¤¤¤-457"·45"8· treated and transported to port of shipment as provided in sections "°7°‘pp`886`887' forty-five hundred and seventy-seven, forty-five hundred and seventy- eight, and forty-five lnindred and seventy-nine of the Revised Statutes of the United States. Sec. 4. That section forty-five hundred and twenty-nine of the Revised Statutes be, and is hereby, amended so as to read as follows: crime nn paying "SEc. 4529. The master or owner of any vessel making coasting voy- ‘"{§°§ M_ ,529, ,,_ ages shall pay to every seaman his wages within two days after the svsiimended- termination of the agreement under which he shipped, or at the time such seaman is discharged, whichever first happens; and in the case of vessels making foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the seaman shall, at the time of his discharge, be entitled to be paid, on account of wages, a Penney rm anim sum equal to one-third part of the balance due him. Every master or mentioned without sufficient cause shall pay to the seaman a_ sum equal to one d.ay’s pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court; but this section shall not apply to the masters or owners of any vessel the seamen on which are entitled to share in the profits of the cruise or voyage." · _ Sec. 5. That section forty-five hundred and thirty of the Revised Statutes be, and is hereby, amended to read as follows: Payment nt wages “Sec. 4530. Every seaman on a vessel of the United States shall be °’°,¥g°’gf‘· W, my ,,_ entitled to receive from the master of the vessel to which he belongs Swhméndod- one-half part of the wages which shall be due him at every port where such vessel, after the voyage has commenced, shall load or deliver cargo before the voyage is ended unless the contrary be expressly stipulated in the contract; and when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him as provided in section forty-five hundred and twenty-nine of the Revised Statutes." Sec. 6. That section forty-five hundred and forty-seven of the Revised Statutes be, and is hereby, amended to read as follows: mimi at wages. *‘SEc. 4547. If the master against whom such summons is issued s7§£gum 4·'>·*"· P- neglects to appear, or, appearing, d0es not show that the wages are ‘paid or otherwise satisfied or forfeited, and if the matter in dispute is not forthwith settled, the judge or justice or commissioner shall certify to the clerk of the district court that there is sufficient cause of complaint whereon to found admiralty process; and thereupon the clerk of Tren-lm any or can- such court shall issue process against the vessel. In all cases where “°¤· the matter in demand does not exceed one hundred dollars the return day of the monition or citation shall be the first day of a stated or special session of court next succeeding the third day after the service of the momtion or citation, and on the return of process in open court, ’ duly served, either party may proceed therein to proofs and hearing without other notice, and final judgment shall be given according to Joining ·.r_1srs the usual course of admiralty courts in such cases. In such suits all °°“"““ "* °"“‘l"“‘“‘· the seamen having cause of complaint of the like kind against the same p,,,.1,..-,.0.. .,l· ing vessel may be joined as complainants, and it shall be incumbent on the any matter in dispute; otherwise the complainants shall be permitted to state the contents thereof, and the burden of proof of the contrary C,,,,,,,,,,,, 1,,,,, ,,,,,0,, shall be on the master. But nothing herein contained shall prevent ¤~¤¢f•¤cw<1.•=¤¤- an y seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty jurisdiction wherever any vessel may be found, in case she shall have left the port of delivery where her voyage ended before pay- ment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the day when such wages are due,
 * °P¤Y· owner who refuses or neglects to make payment in manner hereinbefore
 * ><>¤l·=- master to produce the contract and log book, if required to ascertain