Page:United States Statutes at Large Volume 44 Part 1.djvu/1530

 3 v i § 605 - TITLE 46.- vcssel. In all énscs yvhcrc the mzgttcr in demand does not ex· (iced $100 the return day of the mouition 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 monitiou, or citation, and 011 the return of process in ’0pe·f1 court, duly sefved,' either party may pr0»ceed_ therein to proofs and. hearing withqut; other notice, mndifiual judgment shall he given according to the usual course 0t~admira_lty courts ih such cases. In`such j suits all the. seamen having cause of complaint of the like kind § * against the same `wegsel may bc joined as complainants, and L  it shall be incumbent on .tha master to produce rthe contract x mlxmyvise the comp! iuants shgll bc permitted to state the coumnts thereof, and t c burden wut proof. of . the contrary shall` be on the master. But nothing herein c0utexh1ed‘sha11 prevautauy seaman frorfx maintaining any action at common law for the recovery of his; wages, oxrhaviug. immediate process out of any court having `aquniralty jurisdiction wheyenger any vessel may be found, ih case she shall have left the port of dc-` Every where her voyage yadcd before payment of the wages; or in case she shall be ab01£#t0_pr0cced to sedbefcrc the cud of. tlgc tén days·i1ex€·after_i1gé’iH'y when such wagés_·arc. dué, in acccrdazice with section 596. _ (R. S. §» 45417; May 28, 1896, 0; 252, § 19, Q Stat. 184;  c. 28, .§·6, 30 Stat. 756; Mar. 2, 1901, c. 814, 31 Stat.  .)Z.é~“ _. · . ` 685. Wagga payable i¤T·g0ld.———N6 cnnabbont, withe out mast; or 'stmm pciwer, which is required to be_ registered, licensed, or czirolled and licensed, shall be subject to be libeled in any 'ci the United States ·c0;u·ts 'fo1·' Lhé wages ot amy per-. ism whe may be employed on board thereof, or in navigating the same. (B. _8. | $251;) 'V ‘ · I · EFFECTS OF DEGEASED SEAMEN_ 621.,   of mnstei wlicre seaman; &u `dqaring voyage.-- Wheswver maywnmaq or apprentice belchgtng to`.01: sent home lm any merchant vessel, whether 4 foreign-gpi;1§ or domcstiq ves¤ncl,.cmp10yed on an vcyaswwhich lx tonterm1¤n.te`i¤,_t¤e United *St.¤tes., dies duriqg such voyage, the magtax shan take: charge qi all money; clothes, uid ’q§ects which hs, lenvm cm board, mad shall, it he thiuké Bt, {mum all or day at cmthms and warm td be sold by auction nf the mast ar other public auction, and shall thereupon ptén an entry in the_ hmm! " mg beak, and camps it to begttested by the mate and one ot the crew, containing they following %i‘¤Ci118‘|.‘—BS . {First. A sicatémeut at the amount dt money so left_ by the Semnd. In case at n sale, n desctiptioa ot meh article sold, `mdlhe sum rcxived far each; _ 1 4 . 4 Third. A atitemaut.-at the sum due to deceased · as wagu, tml the total nmmmt of deductionsfit any, in be made the~ra—- {ram. (B. 8.-4538.)   ’ E - _ - ., _ $22. P   M   gs in meghrd to cfutn.-——-In   émbtaw:1 by the preceding wctlmx, thi follcxvinz rules Shall be phsarvaeiz First. It   wsse!   at smcew any port in the United States, the {master shall; within tor£3·€i8$t hams attei his arrival, delivm my much effwta x‘einaimng mxsqld, md pay any money which he bas, mkea charge ot, 6:- received   meh séle, and the.bs,1n¤cé of wdgwdue to the `d%»d, tp th; shipping comhissinmur at the pqrt at ddstination yin the United States. " ‘
 * and logbook, if r `uircd to ascertain any matter/iu dispute;

·s111rr1N0 1516 » Second. It the vessel touches and remains af some foreign} port before coming to any port in the United States, the master shall report the casc to the United States consular omcer there, and shall give to such ofliccc any information he requires ne to pthe destination of theyessel and probable length oi the voyage; and such ofliccr may, it he considers it/expedient so to do, require the effects. money, and wages to be delivered and 'paid_ to him, and shall, upon suéhdelivcry and payment, give to Athe master `a receipt; and the lnastcr shall within forty-eight hours aftcrjznls arrival at his port -·o£ destination ‘in the, United States produce the same to the shipping commissioner there. Such censulap 'o£Hce1·.ehnll,, in any such caec, indorseand certify upon the agreement with thecrcw the pn;. · ticulars with respect to such delivery and payment. Third. if the c0nsula1·,0&ccr does not require such payment and delivery gte be made to him, `the master- shalltake charge of the effects, m0ney,”E?1°3°Ywagcs,`and shall, niithin fortyeigllg U hours after his arrival at his port of destination in the United l States, dellvcr and pay the same to the shipping commissioner; U there,. e _. ’ ·  . ' _ Fourth. The master Shall, in all casesdin which any seaman. `or apprentice dice during. the voyage or engagement, give to such otiiccr or shipping c01n1nissioner`an_‘acc0nnt,, in such form as they may respectively requlre,. of the effects, money, and wages no to be delivered and paid; and no deductions claimed ml such account shall be allowed unless verllled by an entry in the omcial log book, if there be any; and by such other vouch-‘ U ers, it any, -as niay be reasonably required by the emer or shipping commissioner to whom the account IS rendered. · Upon dne compliance with such et the provisions or this. section as relate te acts to be  at the portot nation in the United Etatea, the ¤hlD§¤8 cemmimene: shallgrang 'to the master a certlhcate te that e¤’cct. No .e§cer of · customs shall clear any terelgngoing vmsel without the pro-. ¥ duction ot snch cgrtidcate. (R. Sa S 45@.) _» -, * 6%. Penalty for neglccf of 1•est¢r.——Whe¤ever enyfnxaster tails te take such charge of the money or other effecb et a seaman or apprentice daring a voyage, oi: to make each entries in respect thereof, on to precnre m& ntteetation to meh mgrles, or to make each payment or ddlye:7 at any money, wramee, or eqects ct any eeaman or apprwtice dying daring} voyage, or to give each account. `ln x;@ect thereof as is above directed, he shsllfhe accountable to: the money, wagw, and effects of the s®man_ or apprentice to, the district conn ln when jurisdiction such pert of destinatien is eltnate, and shall pay and de liver the same accordingly; and he shall, in eddltien, ter every. smb-oifense, be liable to up penalty of ax than treble the value ot the money or effects, or, lt Bach value in not annex--· _ K-tained, not more than @6: and if any meh money, wages, ez; e&ect¤. are net duly paid, delivered, and accennged for by the mutex, the ovme: {et the v&l shall Pi!. ddiver, and eccennt ter the same, and such money and wages and the value . ot? such effects shall be recoverable from hun accordingly; and if he falls te aeconnt fer and pey "the sam he shall, in addition to his liability for the money and value, ‘he” liable to the same penalty which is lncnrred by the master for a like ot- _· tense; and all money, waica, am eneczs ot any seaman or apprentice dying daring · a voyage shall be recoverable ln _ the comes and by the modes of proceeding by which W eeaxnen are enabled to recover wages dueto thexn. (B. S. I 45-Q; Mn;. 8. 1911, c. 231, 36 Stat. 1167.) · _ A _ U ._ ° _ 624. Dutiw of cennulat n$cerel,-—\Vhenexrer nny such een- . man for apprentice dies at any mace ent of the United States; laying any money oc-effects not on board otxhis wl, the cenmeé cmeer of me United _Stetes_ at or near/est_ lhe piece shall claim end take charge et auch. money and emecte, and ¤ha1l,`lt he thinks ntfaell all er any of such elfecta, or any eqecls of any deceased seaman or apprentice delivered to hinr D _