Page:United States Statutes at Large Volume 44 Part 1.djvu/1528

 \ §· 576___;_%_ . °‘ e, 2*1·T1,1a 46.- svlthout such contract or agreement "being first rhode and sighed by the seamen, such master shall pay to jevery such seamen the highest price or wages which shall lhove been given at theeport or place where such seaman was shipped, torpa similar voyage, `witlilrr three months next before the time jot _ such shipping, it such seaman; shall perform such voyage; or it 11ot, then for such- time as he shall continue to do duty on board such vessel; "aud shall. moreover be_lluble_t0 a. penalty of ` $20 for {every such seaman, recoverable, one-hel! to the use of thefpersou prosecuting for thesame, and theother half to the ,use of the United States. Ahy segmu`rn who has not signed e such n contract shall enot be boinrid by the regulations nor subject to the penalties and mreirtrres contained in, this chapter. (R.'S.SA521.)`  - °   · " · -_ ` 576. Penalty for omitting to begin mirage.--At the foot. of every such coutraet to ship upon; such a vessel ot the burden _0f Qtty tons or upward there shell he a memorandum in writing ot e the day gmdhthe hour wher: such Seaman who ehippedyand sub}. scribed shall render. himself —.G!1.` board, to begin the voyage agreed upon. If any seamah shall neglect to ·1‘€Ild€l.°`hilIlS€lf on   the vessel for whieli he has shipped at the. time ' meutio¤ed.— in such, memorax1di1_m__ without giving twentyifour hours’ notice ot his inability to dp so, and if the master of the vessel Shall, on the day hi which such neglect happened, make up entry in the lm book of such vessel of the name ot such sea-. mah, and shall in like manner note the time that he so neg! lected to render himself `after the time appointed, their every such   shall Qtorfeit for·"every_ hour- which be shall so neglect to reader himself kme·helt of one _. doy’s pay, accordixig. to the rote ot wages agreed, upon, `to be deducted out ot the wages. It only such SBBIHRHJSDKH wholly `neglect to render himself 011 board ot such vessel, or` having rendered himself on board shall afterwards ,desert,` he shall forfeit all of hiq ‘ wagw or lepgoluments, which he has- then earned. (R. S. I 4522; Feb. 27, 1877, c. 69, I 1, 19E`Stut.' 252_;· Dec. 21, 1898, c. 28, 5 2,30 Stat,-_755.—).. ` ·‘ _ . _ · _ 577. Poding copy-of agreement.-»The muster shall, af thecommeueement ot everywoyege or engagement, cause a legible copy ot the agreement, omitting signatures, to be placed or crew; endo:} default shall be liable toe penalty-ot not more tl1on$l06. (R.S.§4519.)_ _‘ _ ~` I ,_ _ · 578. Unlawful Shipments void.-——·All" shipments of seamen made contrary to the provisions of ·any_ act ot Congress shalla be void;  any `seaxhan so shipped may leave the service st I any time, and shall be entitled to recover the highest rate ot wages ot the port from which the seaman was ehlpped; or the sum agreed to be zlvexi him at his shlpqeut. .(B., S. S 45%.) · -57 9. Report of returns of collectors ‘a¤d foreign. agents.-- The Secretary ot, State shell ley beiore   within ten days after the commencement of eech regular session, a statement containing an abstract ot all the returns made tofhtm pursuant to lsw,.by the collectors ot the dlilerent ports, ot the, seamen registered bv them, together with an, account of. such impresements ood detentious as shall appear by `the · protests of the masters to have taken place. (R. S. § 207; Mar. 3, 1%7,_ ij c.- 389, { 16, 29 Stat. »691.)· · WAGES_ DF SEAMEK _ * 591. ,Commeoeeme¤;t of wages.-——-A sesnrani right to waged ond provisions shall be taken to commence either at the time at which he commences work, or at- the time qpecided in the .eg‘reeme¤t; for his commencement ot work or presenceon board, whichever iirst hoppeusy (R. S. {4524.) lt. . A _ 592. Wages not depmdent .011 frdgw aimed.-——No right to" wages shell- be dependent on the  of freight by the vessel ;, but every seaman or apprmtlee who would be étitlbd to deuianld and receive any wages lt the vessel on which he xhn
 * posted up in such partaot the vesselas to be accessible to_ the

\ .. ‘ ` -8H I PPI N G `·r__·L—__-`T 1514 l \ éserved had earned freight, shall, subject to all other rules of · law and conditions applicable to the case, be entitled to claim and recover the sameof the master or owner in persenam, net-. ‘withstanding..that freight has not been earned. But in all cases of wreck or loss of- vessel, proof that any seaman or apprentiize has not exertedlhimself to the ntmost to` save the vessel, cargo, and stores shall bar his claim. (B. S. .§ 4525.) _ 593. Termination of wages by loss of vessel;. transportation `Qto place of shipment.?-In cases wheretthe service of any senman terminates before the period contemplated in the agreement, DY. reason-of the loss or. wreck of the vessel, such seaman shall  entitled to wages for the   of service girler te isneh 1 .. ‘ termination, but not torany further period.? Such seaman shall bewonsidered as a destitute seaman and shall be treated and transported to port ot shipment aaa provided in sections 678, 679, and 681. (R. S. § 4526; Dec.$21, 1898,-c.\28, § 3, 30 Stat. 594. Right-to. `wages in case- o£._ improper dis¢harge.—~¢Any _seaman who `"has signed an agreement and is afterward` dis-» charged- before the cominencexnentof rnemoyage or before one - moi1th’s_ _\\'8g€$,,;8l°é earned, without fault on his bart justlfying ` such di.scharg€,_ and without his consent, shall be entitled to receive from the master or owner, in addition to any wages hemay have earned, a sum equalin amount to one month's wages as compensation; and may, on adducing- evidence satisfactory · t0~· the court hearing the case, of having been improperly discharged, recover such Qcompehsation as it it were wages duly earned. (R._S._$ 4527.) ._ I · _ V f V ` » 595. Conduct `as aEccting right.——No seaman or apprentice  · shall be entitled to  fornny period during which he unlawfully refusesfor neglects to worh when required, after the time fixed by the agreement for him to begin work, ner; unless the. court hearing the case otherwise directs, for any ‘ period during which hails lawfully imprisoned for any offense committed by him. '(B. S. { 4528.) — —  -   ‘ 596. Time for payrnent.—-The master or owner or any- vessel malring coasting voyages shall pay to. every. seaman his wages within two days after the termination of the agreement under which he was shlppéd,.jor at thetlme such seaman is ·_ discharged, whichever first happens; and ln case ot vessels making foreign voyages, orfrom a bert on the Atlantic to a port _ on the ‘P.aolfic,_ or vice versa, within twentydour hours ’ after the cargo has been discharged, or within {cnr days after ° the seaman has been. -whichever' first happens; and [in all cases theseaman shall be entitled to be paid at the time of his discharge on account of wages a sum equal to one-third .part.;of theabnlance due  Every master or owner who `re} fuses or neglects, to make nayment ln` the manner herelnbetore mentioned without sumclent cause shall my to the .seaman_ a. sum equal to two days', pay for each and every day during which payment. is `delayed peyond the; respective perlegls. ‘ * which sum shall be recoverable as wages in any claim made before the"court; but this section shall not apply to masters or owners ot any vessel theseamen. ot which are entitled to share in the predts er; the cruise or voyage. (R. 8. 5 4529: Dec. 21, 1898, c. E,.} al 30 Stat. 756; Man 4, 1915, ::.*153, 5 3, 38 ‘Stat.1164.) _        .- ·  ‘597._Payment at ports.-·—·-Every, seaman on a vessehor the United States shall be entitled to receive on demand from the J master of the vm to which he belongs ,one·hal£ part ot the balance of his wagu earned and remaining unpaid at the time _when such demand is made at every port where such presse!. ._ after the voyage has   commenced, shall load or deliver cargo before the voyage ia ended; and . all stipulations in the contractto thelcontrary shall be_vold:` .Pro5vtded, Such a dec mand shall net be made b0!9!‘¢·`Ul§ expiration ‘o£r · nor ottener than once ln, Eve days no1•_moi·e than once in the same harbor ` on the same entry. Any failure on the part ot the master to _=