Page:United States Statutes at Large Volume 44 Part 1.djvu/1532

 § 645 r1:z·1,E 46. copy shall be receivable in evidence upon any future question touching such claims, and shall have all the eqect ot the origiuel ot which it purports to be a copy. ._ ‘ ; Fourth. In cases in which discharge 'zmd settlement before e shippjng commissioner are required, no payment, receipt,` settlement, or discharge} otherwise made shall operate as evidence of the release oi setistactioupt any claim. · ‘ ‘ ” Fifth. Upon. payment being jmade by a lm1ster~betore a ship ping commissioner, the shipping commissioner shall, it required, sign and give to such master ~a_ statement ot thewhole 'amount his employer, be received as evidence that he has ‘ made the -pay·ments therein meut;i0ned._· (R. S. 5 4552.) ‘ U A. 645. Certificate of clraracger.-—-Upou every discharge effected before a shipping commissioner, l the master shall make and sign, in the form gives lu the table marked “B," in the/schedule annexed to this chapter, a report ot the conduct. character, " and qualifications `nof the persons dischargedj or may state in such form; that he declines to give any opinion upon such par- ‘· ticulars, or upon any of them} and-the commissioner shallkee; a register of the same, and shall, it desired so to do by any seaman, give to him or ihdoxsser on his certiiicate of. discharge a copy `of so much of suchv report als concerns him. ¢ (R. S 646. Discharge of crews in poast trade.-·§h1pping _ commle siouers may discharge crews from any vwsel engaged in the coastwise trede, or the trade hetweenihe United Stetes and the Domiuiouot Canada, or Newfoundland, or the West Indies or . the Republic of Mexico, at the request ot the"master` o1 owner of such vessel. (June 19, 1886,- c. 421,`$ 2, 24 Stat. 80.) _ PROTECTION AND RELIEF ._ 651; Commissioner. as arbiter.—Every‘shlpping commlesloher shall hear and decide any question whatsoever between n master, couslguee; agent, or owner, and- any ot his crew, `whlch both parties agree in writing to submit .to him; and every award soomede- by him. shall be binding on- both parties, and shell, ln` any,legul proceedings which may be taken lu. tbefmeb ler, before. any court of ;|uetice,'be deemed to be conclusive an to the rights ot-parties. And ’apy document under the hand and odiclai seal ot a commissioner purporting to bé euéh sub mimlon or ewardQ shall be prima-facie evidencethereot. (R._ 8 ‘ 652. Exemlneiion" of wimesee¤.··—·~·-Io any proceeding relating- to the waga, claims, or discharge ot e seaman, carried or ibefore any shipping commissioner; under the providlous 'ofthis chapter, such "shipping commissioner may  upon the owner orp his agent, or upon the master} or oily mate, or any other member ot the crew, to produce deny log hooks, papers, or other documents .ln` their possession or power, respectdvely, relating to any matter io question in such proceedl¤@, and may call before him` hud BXRQUG any of such persons, being then at on near the place, on any such matter; und every y owner, agent master, mote, or` other member ot the erew, who; when culled upon iiy the shipping commissioner, doernot produce any such books, papers, or documents, i£  in his pomesloh or power, on does noteppear and give evidence, shall, unless he shows some reasonable cdueeior ouch default, be lllableito nspenelty ot not e moreithau $1% Joreuch _0Eei1se; and, our application made nb; the shipping commleslouer, shell be further punished, in the discretion ot the court, as in other cases of contempt of the process ot the court, _(R. S. S 4555.} _"·,· · n ,` . 653. Complaint {hat vedéel is ur;ee•Worthy.——·It the ilret and second omeers. under the master or n majority of the crew. oi any vweel bound on any voyage shall; before the vessel shall have lelt the harbor,. discover that the vessel is too`leaky or .is otherwise uuht ixrher crew, body, tackleérpparél, §u`i·¤ltgre, provisions, or store; to proceed on the lntepded voygge, and
 * , so paid; end such statement shall, between the master end

-—jSHIPPING 1518 E shall require such_ uniltness to be inquired into, the master N ' -_ shall, upon the request of the first and second officers lmdex: the master or snchmajority of the crew, forthwltln apply to the
 * judge of the district court of that judicial district, if he shall

- there reside, or if not, to Some juétice of the peace of the city, e town, or place for the appointment of surveyors, as in the fol-. 1ow1¤g*¤e¢mm provided, tnkingjwith him two or more-ot the - crew who shall have made such request rand any master refus- , ing or neglecting to comply with these provisions shall be liable lsm,v;·s·z.>, · ·   _ < e · 654. Proceedings on examination of vessel.-41*he judge, or justice, in n domestic port; shall, upon such application of the I fnaster or Ycommander, issue his preceptvdlrected to three perl sons in the neighborhood, the most experienced and Skillful in. a `maritime affairs that cen be procured; and wheneyep such com- ,. plaint, is aboutthe provisions one ot such surveyors shall be e 1 physician or a surgeon of the- Public Health Service, 11 such -_ service ie establisped at the placé where theeomplalnt ie mode. ' » It shall be me dntyo! such surveyors to repair on board such r vessel and to examine the some in respect to the defect; and', z insuiiiciencies cp1npluined_ of,'and make reports to the judge, . or justice, as the case may be, in writing, under their hands ' or the hands of two ot them` vvhethet in any orpin what respect ·· the vessel is unilt to proceed on the l¤tended—voy¤.ze, and what) a addition of men, provisions, or stores, or what repair; oi- alter· I ations in the bodjr, tackle, or apparel will hemecessary; sind, upon such repoyt the judge or justiceelihll adjudge and mgshall r indorse on his feport his jtidgmenfwhether the veeeelle ilt to, » Qproceed on the intended 'voysge, and, it not, whether such 'repaire cnn be made og deficiencies supplied where the veeéel then lies, or' whether it is necessary for her to proeeecl to the r nearest or most, convenient place where such jnpplles can he -_ made or. kletlcleucies supplied; and the master end the- crew r commander shall, ln the Bret instance, pay all the costs ot l such revievv, report, or judgment,} to be taxed and allowed on a . fair copj thereof, certweci by the judge or justlcee Bot}! the ; = mendef, or the owner or consipee ot such vqsel, shall deduct . · the amount thereof, and of reasonable deniges for the déten· l ‘ tion, to.be ascerteined by the jndgeor justice, out of the wagw -· of the comp1aining’eei1men.i (B, S. { 4557; Dec 21, 1§9S,'c. n 28, { 8, 30.Stat. 757; July 1, 1902, c. 1370, 82 State f712; Aug. L 14, 1912, c.—%8, 37 Stnt, 309.) ‘ .. p _ , 655. Refuse] to proceed when vusel ~ found aeavrortl•y.——-··It,, 3 after judgment that auch "vwseli is on to proceed on her in-
 * to a penalty ot $500. (R. S. { 4556; Dec. 21, 1898,-c. 28, §_"7, 30
 * shall, in allathings, conform to the- judgment. Thqmeete: or ·
 * complaint of the crew shell eppear upon the report md judgl ment to I have been without foundation, tho mister or Mcom·
 * tended voyage, oi: etter proé'uring“ such IIl€¤,'§1°0Yi8i0!l8, tores,

l either of them, shal1*1•e{use to_ proceed on_ the voyage, bei shall v forfeit any wages thet may he due him. (B. S. § .4558; Dec. l, 21,,-1898, lc. 28, Q 9, 30 Stat. 757) _· , _, _ ` p I t 656. Appointméw of inbpeétors by consul in foreign port.--- a Upon A complaint in w».·1uug,{¤1g¤e¤·¤y the mst and second r oiilcers-or e majority of the crew of any vessel, while. in. • a torelgn port, that such vessel is in an unsuitable condition to L go to see {because she is leaky or -insu&clently supplied `virith r sails, xfigging, anchors, or any other eqhipment,.or that the n crew' is insu¤‘lclent° to men her, op that her provisions, stores, a engl supplies are not or have not been during the voyage enmeient or wholesome, thereupon, in any. of theee or lie cesee I the eonsul shall canes to be- appointed three·_pereon,s ot like E qttellflcstions with those dmribed` in section 654, who shall l` proceed to examine into  of complaint and who egell P proceed and he governed in_al1 their proceedings as provided_ tv 30 Stat. 757;_Mer._4,__191`5,`e. 153, S 5, 38 _Stat{—1165.) ‘
 * repairs, or; altetetione ee may he dipeeted, the seamen, or,
 * hy eeld section. (R,8. { 4559; Dec:21, 1898,* e. 28, 6 10,