Page:United States Statutes at Large Volume 30.djvu/795

 FIFTY-FIFTH CONGRESS. Srzss. III. GH. 28. 1898. 757 in accordance with section iorty-five hundred and twenty-nine of the Supm i·· T56- Revised Statutes.” ' Sec. 7. That section forty-five hundred and fifty-six of the Revised Statutes be, and hereby is, amended so as to read as follows: “SEc. 4556. If the iirst and second officers under the master or a “f°;:Pl°*¤* mt *¤·- majority of the crew of any vessel bound on any voyage shall, before sa. °°”°°`W°m”y’ the vessel shall have left the harbor, discover that the vessel is too ,,8§;_f,gn§f,‘g *556- P- leaky or is otherwise unilt in her crew, body, tackle, apparel, furniture, ’ ` provisions, or stores to proceed on the intended voyage. and shall require such uniltness to be inquired into, the master shall, upon the request of the first and second officers under the master or such majority of the crew, forthwith applyto the judge of the district court of that judicial district, if he shall there reside, or if not, to some justice of the peace of the city, town, or place for the appointment of surveyors, as in section forty-five hundred and fifty-seven provided, taking with him two or more -of the crew who shall have made such request; and —v¤¤¤l¤y· any master refusing or neglecting to comply with these provisions shall be liable to a penalty of five hundred dollars." Sec. 8. That section forty-five hundred and fifty-seven of the Revised Statutes be, and hereby is, amended to read as follows: “ Sec. 4557. The judge, or justice, in a domestic port, shall, upon such °x£;>;¤=·§*¤z¤f ¤1>¤¤ application of the master or commander, issue his precept, directed to 1:. dr •°;i.°4RB°7'£°°,iZ . three persons in the neighborhood, the most experienced and skillful in ““2·°”*°¤*l°** maritime affairs that can be procured; and whenever such complaint is about the provisions one of such surveyors shall be a physician ora surgeon of the Marine Hospital Service, if such service is established at the place where the complaint is made. It shall be the duty of such surveyors to repair on board such vessel and to examine the same in respect to the defects and insufficiencies complained oi, and make reports to 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 in what respect the vessel is unfit to proceed on- the intended voyfgo. and what addition of men, provisions, or stores, or what repairs or alterations in the body, tackle, or apparel will be necessary; and upon such —j¤·1g¤¤¤¤t report the judge or justice shall adjudge and shall indorse on his report his judgment whether the vessel is fit to proceed on the intended voyage, and, if not, whether such repairs can be made or deficiencies supplied where the vessel then lies, or whether it is necessary for her to proceed to the nearest or most convenient place where such supplies can be made or deficiencies supplied; and the master and the crew shall, in all things, conform to the judgment. The master or commander shall, in -¤¤m. the tirst instance, pay all the costs of such review, report, or judgment, to be taxed andallowed on a fair copy thereof; certified by the judge or justice. But if the complaint of the crew shall appear upon the report and judgment to have been without foundation, the master or commander, or the owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable damages for the detention, to be ascertained by the judge or justice, out of the wages of the complaining seamen." Sec. 9. That section forty-five hundred and fifty-eight of the Revised Statutes he, and hereby is, amended to read as follows: “Ssc. 4558. If, after judgment that such vessel is nt to proceed on rmnty rm- maui her intended voyage, or after procuring such men, provisions, stores, $,}f_,’gf§§§_;'j’;;‘,§;;j repairs, or alterations as may be directed, the seamen, or either of eu}, S them, shall refuse to proceed on the voyage, he shall forteit any wages m,;,,{,g,,§:$j_ ea "‘ that may be due him." S20. 10. That section forty-five hundred andnfty-nine of the Revised Statutes be, and hereby is, amended to read as follows: •* Sec. 4559. Upon a complaint in writing, signed by the tirst or second Appointment or ni. officer and a majority of the crew of any VBSSBI While in a foreign port, }§:,Q§;°,,"p:fL°°"“d in _ that such vessel is in an unsuitable condition to go to sea because she R- S-·¤a•;i 559- r- ig leaky or insufficiently supplied with sails, rigging, anchors, or any °”°`“° other equipment, or that the crew is insufficient to man her, or that