Page:United States Statutes at Large Volume 44 Part 1.djvu/1533

 1519 TITLE 46.--Q-S. 657. Report of Inspectors.-——'I‘lie inspectors éppoiuted by any I consul, in pnrsunnce of the preceding section, shall have L full power to examine the vessel and whenever is &b0&1°dY0f her, u so tar. as is pertinent to their inquiry, and also- to hear and- té ,. receive any other proofs which the ends of justice may requtre; 11 gm lt, upbnfa Glow of the whole proceedings; the consul is c gatisned therewith, he may approve the whole o1·°6.ny port ot_ 0 me report,. and shell [certify such npprovel; or it ho dis- 5 Sents, he shall certify- his reasons for dissenting. (B. S. 5 $4560.). _  _—  ‘ /· M i 6 658. Dischgrge of crew on account or unseeyvorthiness; pen- a `alty for sending zmseaworthy- vessel to ses.»-i—Thé° inspectors 15 _1¤ their V report shall also-" stgte whether in“ their fopinion the 1: vessel waesent to sea uusultebly provided in any important or. ti essential particular, by neglect- or design, or through mistake or d accident ;` and ln case it was by neglect or desigmnnd the con- 1 sular omoer approves of such. ¤nding,` he shall discharge sueh o of the crew ns request it, and shall require-_tl1e_.puy;nemt.by the 1 master ot one month’s wages for each. seaman, over and ebove t the wegeé then due, or Bumcient money for the return of inch. c of the. crew as desire to be discharged to the~nearest andmost 1: . oonvenient port of the United States, cr by furnishing the sen- 1; men who eo desire to be discharged with employment on *n· ¤ ship Zngreed `to by  But it injthe- opinion ot the in: { spectors the defects or: dedclencies rouge to exist have been f the result of mistake or accident, and/couldnot, ln the exerciée ·q of ordinary euro, hgve been known and pmylded nininst before ·; the selling oi the vml, and tnenmmo shall in n jnaeonoble ( time remove or remedy the canoes of complaint, then the crew shall rmx: ind di their duty. It ,•ny   knew- —, `mgly new or/attempti to and or is perty tp the, sending or t attempting to   in  ehlp to seagin the foreign ¤ o1j_coegtwise_trade,_in snehnn unaeeworthy state that theltte D ot any person is Illtelyeto be thqeby endangered, he shell, in "¤ respect ot each offense, he znllty ot • misdemeanor, and nhall · 4 be punished by a.,¤ne not toexoeed $1,000 or brlmprisonmeht; 7 not to exceed nve years; or both, at the discretion ot the eourt, unless be proves ·thet._elther_ho used all rmsombie means to ‘ ’insm·e'her being sent to" ses in n unworthy state, or ».»v the to her »  going to Asen. in en nnsetworthy state was, under the ci»rcum·  stnneu, reasonable ind justifiable, "`nnd for the purposes ot gléinglthat moot be my give evidence in the same manner as  any other witness. (K8. { #561: June 26, 1884, e..121, | 4, t 23 Stat. 54;  1898, c.  11, 80 Stat. 758.) ·   _ t , 659. Payment of chnrgu for lnspection.—·'.l‘ne master shall I pay all such rueonnble charges tor- lnspeétfon under suqh com- I Maint id shall be `omcinlly} certified to him nnder the hand? Y of the consul; but in gse the lhspecto ·`x·eport that the com·· B pieint in without my good and sdm nt muse, the master ‘€ , may retnln from the wegespot the complainants, ln proportion ·t to the pay of each, the amount -ot_ s phusu, with sueh rmsonable damagu for detention on that account _ as the com ‘ sul directing the inquiry.'ma.y omcially certify, (B. S. I 456Z)` E 668. Refnsallio pay ynges  charges.-¥—$-Every master who t reinsm to pq such wow and chnrmnlhnll he liable to ach ° person, lnjnnjed fthexeby ln damqges, to be recovered in any t . court of the United States in the  where such delinquent ' may reside ox be tonnd, and in iddltion thereto be pnulshgble Q by a nne ot $100 for each offense. (R. 8, | 4563.) _ · ,` .*1 SG1. · Negled to provide snBcient ¤oresé——-Should any master S or owner of any merehnnt vasel of. the United Staten nmlect c to provide 'e sn&ient hunntity of stores to lest for n voyaks t og ordinary dumtion to the wrt. of destination, and in consequeizce ot meh neglect the crew ue eompelled to.ec;..·ept i..re·~ E duced scale, such master or owner shall be linble to s penalty "¤ as provided in wction 665. (R. S. I 4564; ‘Dec. 21, 1898, ~ c. 28, S `12, 30 Stdt. 768.)_  p ‘ I, ¤ . $62. Complaint as · to provisions or water; exnminntim.-—··  Any three or more of the crew ot any merchant vessel of the Q

a1rr1NG § 665 Inited States bound from a `p0rt in the United States to any creigu port, or being of thé burden of -seventy·i1vo `tons 01* pward,_aud» b0und·from a port on the Atlantic to u port on he Pacific; or vicg yersa, may complain to any omcer in comnand of any of the vessels ot; the United States Navy, or onéularofficer ofixhe United States, or shipping commissioner: ·r chief omcer of the customs; that the proviéions or watér or the use of thq crew are, at any time, of bad quality, uniit or use, qr dehcient -111 quantity. Such omccf shall thereupon xaminé the provisions or water, or, causé them to be exmined; aug it,_on examinajiou`, suc}; provisions or water are ound to be of bad quality andruzmt for use, or to be deficient n quantity, the persim making such examination shall certify hg same 11; writing to the master ci the ship. K such mgsteg logs not thereupon provide other p1·0p¢r provisions or water, { vhercnthe same cim be had, in lieu .0t any so certimzd to be »f a bad quauty aug} unfit toy usa, or doeé not procure, the ·equisitc quantity of any S0 ccrtlfiedtc be igisum-cient in qpanity, or uses any; provisions 01** water" which have been sb eertiiiedyas aforesaid to béiit Bad quality and uutlt for use; np shall, in every such case, be liable to ax penalty ot not more had $100; and upqm evémy suclik gxaminatlou the ot§ce;·s naking -0: directing the Ammo shall enter g statement otjtho thu]; of the exammuon in the log book; . and shall send a. eport thefcof to the distxjict judge td: the judicial district ___ mbmdng the pért `tc which such vessel is bound`; and guch ` eport ~sh¤l1 Be received in evidence in any le§nl·p1foceedings. QR._S.I4565.)· ·» ·_ ._ _, ‘ · · 1 Farfdture _. for false cpaplaigt as tc pmvbioms or rster.·-y··If the gmcgr to whom any such bomplaiut in regard 6 tbé provision; 0: the wagcer is yds certmes in_ such 3tatenept that there wai `¤o» maw¤s.b1o·grou¤d‘!or mch coml Mint, eagzh ct the parties an complaining mall tbrteit to the master or· owner hi: sharp of the expense; if airy, nf_ the mrvcy. (R. S; S 4566; Déc. 21,»1B98, c. 28, 5 13, 30 Stat. :1 W F O . H . ··· I 664. .Pcrmhsion from master @0—entcr`c01iiplnint_u to pmrléions qi wqtér.-·—It any seamen, while oh board any vc-may ixghjtato to {hc master that theéy desire to make complaint, in zccordaucc with tied ‘ tvgo preceding sectioms, in rcguxd to the wcvidonp or thu wafer, to a C0!D[)Q€€11fo$CBI,.§g'€iI§St tlgd maser; the matte; shall; it the iesad is thén nt n place; where here is any agchycmcer, so soon as the service of the vemel will mrmit, and `it the wry! is not, ¢he¤ ifsuch n péace, qq soon Liter ber mst arrival at such plice dg thé service of tha vessel will permit, allow such seamen; or dn? of them, t0_ gdnshorei or " lhgll send thu}; hshore, 'in wprépcr custddy, so that they may be miblcd to make such complaint; §¤d· shall, in default, be liable 0 a penalty or not more-than $100. (B. 8. { 4567.) ‘ ` 665; Allowance for mductinn `qf  pmvisi0hs.-—·—It,‘ during :1 myagé, the allowance ot my of the provision; which any seanan is entitled to under xction 713 is reduced except for any imc diving wpich meh wamnn wilitully gxgd without sufH- step]: CEUBQAIGTDBGQC or ngtectg to perform his -d¤ty, or is lawmli under cohmiement for misconducfz 'dther ox; bodrd Or on more ;_ or if it shall M skgown that any of such pmvipious mei »r have hadn during die voyage; bad in qua1lty·`·bx· undt for n.se;'theQ séaman   all receive, by way ot"com;:gg§gtion--tor” Lu¢h`1‘8d¤£}UOR orqid quality, according to the time of its ecntinunuce, the following mime, to {M paid tp- him in addition ¤ and to be recoverable as wages ; _ First. It his- allowance is reduced by any quantity not ‘ exceeding oxwthird of the quantityspecihad by law, a sum not mcoediug 50 cents a- day. , · A ’ I, Secdhd. If hiiallnwanbg is reducgd by more than que-third rt `mch quantity; ll sum rmt cxqeeyiing $1 a day. _, Third. fri rapectyhof ba_d qudljtyg a `sum not exceeding $1 1 dn!.