Page:United States Statutes at Large Volume 44 Part 1.djvu/1531

 1517 TITLE 40.--_: undexi the provisions of this chapter, and shall quarterly remit 1 .to the district court of the district embracing the port from 1 which such .ve¤8e1 sailed, or the port where the voyage termi· 1 nates, all moneys belonging to or Arising from the sale of the 1 effects 6: paid as the wages of any deceased seamen or up- 1 prentlces which have come to his'hands; and shall render sich accounts thereof as the district court requires. (B. S. $4541; 1 Mar. 3, 1897,12. 389, { 4, 29 Stat, 989: Mar. 3, 1911, ·c. ,231, 36 Stat. 1167.) · _ _· ‘  _ 625. Efects of seaman dying within the United States.-- Whenever any seaman ot. apprentice dies in the United States, 1 and is, at thetime of his death, entitled to claim from the “ master or owner bf amy vessel in which he has served, any 1 · unpaid wdges or eEects,~ such mastei or. owner shall pay and 1 deliver, e or account fdr the game, to the ·shi;}ping commissioner _1 at th¢ Port where the seaman or apprentice was discharged,. 1 ur wes to bave·been·discharged or where he died. (B. S. I "1 4542; Maxi 8, 1897, c. 389, $,6, 29`Stat. 689.) _ _. 626. Payment to district c<mrt.—-Every shipping commis- 1 sinner in. the United Suites shall, within one week from the i deceased seaman or apprentice, pay, remit, for deliver, to the district court of the district [ln which he resides, the money, 1 wages, br 'e1l'ects,.subfect to suchddeductions as may be allowed ,1 by the  court for expenses incurred in respect to such -1 money and cEects;_ and should ‘any‘ cqmmissioner tail to pay, -1 _remit,jund°deliver the 881118 tonthe district court, within the 1 time hereinbetcre mentioned, ll6.Bll8u4 incur a— penalty of not ·§ mores than treble the vqluc gf-auch money and effects. (R. S. T ‘·,§ 4543; Mar. 8, 1911, q. %1, 36 Stat. 1167.) _ ’_ _ · ~ . 627. Dmribqtibn by district court.?-—If the money and effebts 1 the district court, including the rgoneys received for any part ,1 of his .e¤ec¤ which have been écldeeither ~befoxe delivery to 1 the district court, or by he directione, do not ejnqeed in value 1 pthe-slain "of $90, -_the¤, subject to the Iirovlsions hercluqfterl 1 contained; and to all such deductions for expenses incurred in < respect tc; the seaman or apprentice, 0;*- of luis, money gud .1 emects, as, the said court thinks; ht to allow, the court may pay &!1d’d@iV8l" the said wmcy and. effects to any plalmants 1 ·~ Qvho gan erove themselves either totbe his widoyv or ellildren, 1 dr to be entitled to the effects of the deceased under, his will, 1 er under any statute, or at c0mm0n_law,·cr to bo, entitled to f dprqcare probate, or telce out letters of admiplstistlcn or `c01i·, 1 Srmatlqn, himough no pfobate or letters of administration or 1 conilrmatlou have been taken out, and shall be thereby  1 _ charged tromdlnll further llubllitydtn  of the money and 1 meets so' paid, and delivered; .qr° may, if it think; it no to dc, 1 réqqixye prwdte, or letter; of administration or condrmation, 1 td be taken out, and thereupon pay` and deliver the nid money 1 and eltecta to the legal péuonal repafeéentativea of- the dee eeaeed; and lt smclf money and effects exceed in value the sum 1 of $300, thm, sdbject to deduction for expenaes, the ccuit shall l pay and deliver the same to the legal personal .1’epr&tativga _1 of the ¢l@sed. (B. 8. I 4544;Ma1% 3, {911, ¢. $1.,*86 dt., 1 1167.) .` _ ·. ~ K  '1 628. Unclaimed wages and elects.-Y-·A district emlrt, ln its 1 discretion, maygat any time direct the sale of the whole or any 1 1 Dart of the»_&xts of a demsed seaman or apprentice, which 1 it has received, and shall hold tbdpfoceeds of such gale QI the A ‘ wages of decuud seamen are held. When nn  to the 1 wages or edects cr. proceeds of the mls `qf the meets of a deceased naman an- apprentiqe, ieceived by a_  court, ig 1 substmltland within slxvyeara after the receipt  by tm é wprt, it  be lu the abmlute dl a¤ not the e¤¤rt,#lt   1 suwequent claim is made, either to allow or refuse the tame. Such cqdrrts phall, from time to tide, pay, any money; ailnleg 1 from the unclaimed  apd ¤¢ect¤ `d_     1
 * date of receiving any ’such money, yvdges, or eitééts of any 1
 * of any seaman cr` appténticc paid, 'temittéd, or dellveredyto 4

}HIPPING § 544 svhich in their opinion it is not necessary te retain for the purpose of satisfying claims, into the Treasury of the United States, and such xnoneyeshall term n fund for, and be sppp0· printed to, the relief of sick and disabled and destitute seamen belonging 'to the United States merchant marine service. (R. S. 5 4545: Mar. 8, 1897, c. 389, 5 7, 29 Stat. 689; Mar. 3, 1911, c. 231, 36 Stat. 1167.) _ ' DISCHARGE M0de.—All' seamen discharged in the United Statestrom merchant vessels engaged in voyages from a pexit in the United States to gmy foreign port, or, being of the burden of seventy-five, tons or upward, from a p0rt· on the Atlantic tc n port en the Pacific, or vice versa, shall be discharged and _ receive thelr wages in the presence of a duly authorized ship-· ping, commissioner under this chapter, except ln cases where some competent court otherwige directs; and any master or owner of any snch vessel who discharges any such seaman belonging thereto, or pays his wages within the United States In any other manner, shall be liable t0. a penalty of not more than $50. (B.·S. §-4549.)  ° · ` . 642. Accomting as to w•gé¤.-nm-; master shall; not less thanforty-eight hours before lpayini ot! or discharging any seaman, qleliver to him, or, if hé is to be discharged before n shipping commissioner, to such shipping commissioner, ~a full and true account ot his wages, and all deductions to be mgde therefrom on any accounf whawoeverf and in default shell, — lor each cltense, be liable to af penalty ot not more than $50: Novdednctlnn from the Wqges of any seamen except in respect of somexnatter ·hqppenlng—·sfte;· such delivery shall be allowed, unless it lslnclucled in the account dellvjerecl; and themaster shall, during the voyage,. enter the varlens matters in respect tc which snub deductions are made, with- the amounts of the, respective deductions as they occur, in the omelal log `book, and shall, lg required, produce sneh hook at the time of the payment of wages; and, algo, upon thai hearing, before any t competent authority, at any — complaint br quuticn relating E0 such payment. (R. 8. Q 4550.) _ I _ 648. CcvtlHcate.···—Up¤n the discharge ct any seaman, or upon payment of his wages, the mastes elxsll sign and yve him a a eenjtihcate ets discharge, speeitylng the period et his sepviee and the time fend place of his discharge, ln the term HIRYKEQ · Table. B in the schedule annexed te this chapter; and every master whe fails tp sign and give te euch  such. eertisl este and discharge. shell, for each such. ettense, ineeg `• penalty not exceeding  But whenever _ the master shell discharge his cnet; or any part  in any collectien district there nb shipping commissioner has been appointed,. h.é}§ may ’pe1·· form fer — himseltl the Qdutsles of. such commlmmnep. (R; B. _ 54551.) _' , p `— _ · - .644. Rules [cr settlement.--The fellevvlng {elw snail be nts served with respect to the settlement et wages: ,· · _ ~ Flxst. Upon the completion, before. a- shipping eemmissionen et any dischetge and `settlement, the master er owner and each sea.msn,_r0¤pebtd1¤ely, in thej presence ot the shipping ccmmlssienen, shall $gn n mutual release of all claims fer. wsgee in respect of the put voyage crenxazemept, and the shipping cemmissleneg shall alsq  nndj attest lt, and shall · retain ltlln n beck` te he kept for that pugpcee, pri0vided_ beth the master end seamen gssentltq such settlement, er the settlement has been adjllntw [by thejhipping commlésioner. _8ec0nd. Buch release. so 8iZ¤%(}_. incl attested, shall operate as a uiutnal discharge and settlement of ell demands for   the pertiestherete, en account of wages, in respects! thepaat voyage er mgageluent. I y _— I Thli·d;A eepy pt meh peleges, cestitied under theehand and wal otlsueh shipping ¢¤m¤:¤x¤¤¤»s_¢e be s true cepy, shall bf rlven by him to any purtytbereto drequiring themme, and such