Page:United States Statutes at Large Volume 44 Part 1.djvu/1535

 1521 “TITLE 46.- ccxhplied with, cause a muster of the crew bf any vessel to be made to` dptergpine the fact; and no clearance shall be given "to any vesseL failing to éonpply. with the provlsions ·0t this section-: Prqvidcd, That the collector of customs shall not be-. required to cause such muster of the crew to be megie pnless said sworn information has been filed with him for at least six hours before the vessel, departs`, Ol.? is scheduled tp depart: Provided iurther,'1‘hat any person that shall knowingly make fl false andavit for "such purpose shall be "deemed guilty of perjurykand uponconviétion thereqi shall be puixiéhed by a fine not exceeding $500 or by imprisorgrfneut not exceeding `one year, or by beth such Hue and imprisonment. lwjithin the discretion of the court. Any violation of any provision of this section b$· the owner, master, 01‘~0mC9l.' ju chzujge of the vessel shall subject tuqowner otsmich vessel to a penalty of not less than $100 and knot mere thin $500: AM provided further, That the Secretaryeuf Commerce shall make such ru1eg_'and'1fegu1uti01is as may be necessary to carry out the provisions ot this. section, and. ` nothing herein, shall be held·0r ctiustrped to prevent the Board_ of Supérvisjng Inspectors, with the approval of the Qeeretary ef Commerce, from making rules und regulations authprized by v_ law as., to gessels excluded from the operdtiorrof this Section,. (Mar. 4, 1915, c. 153, `§ 13, 38 Stat; 1169.) .- l " . » · . 673. Requirements .as;to`wvatches;hd1ities of seamen; right te discharge.--In ull merclnaht vessels of the United States/of more than-one hundred toqs gross, excepting those navigating. rivers,·herbcirs, bays, or sounds exclusivelj, the sailors. shall, t while at sea, be divid'ed_ into at least two, and the iiremen,_ {filers,) and; water te11deré‘li1t0"_at least thiee wgtcbes, which: shall he kept du duty successively. for the performance of ordi-" nary work incident to the sailing and management of the vessel. ‘ The seamen shallnet be shipped to“w0rk alternately in the Bye; mom end on-éleck, nor shall those shipped for deck duty be ‘ required to work in 'th€‘HY€l.'00iI1,~0FtViCB versa`; but thesé"p1·0-_ visions shsill_1;ot limit either the authority of the master or other o@cer or the obedlencehof the seamen- when, in the judg4 ment of the master or other officer, the whole or any part of . the crewiare needed ,{0_1' the ·ma—ueuveting_ of the €»'§®Sel·cr the pex·£oi·mance of werk_ necessary $01* the safety of thee vessel 01* her cargo, or fo1'—~u)£.~S8Y1I1g ot life aboard othérgvessels in jeopaxfdy, or when impart or at sea.frem— requiring the whole / or any part of the chew to participate in the performance ot m·e,»lifebqqt,`;g1ud other drills, Qvhilesuch vessel is in a site ha»rboh·.m swaian shallmbe requiredtc do auyuugeéeesary work, on Sundays or the tpllqwingmamed days: New Year/’s Day,·t1;g Feurth et Ju1y,.Ln£>or Day, Thanksgiving Dey, and Christmas DW, but this shall not pfevent: the dispatch ot a. veééel on _ ‘ regular schedule er_ when ready te proceed cir her voyage. And at a11‘times,wbi1e such tease! is ixi a safeeharbor, nine hours,} inclusive ct the anchor watch, shall constitute A day’s WD1'k;JK ‘ Whenever the masterful my vessel shall fail to comply with — this section, the seamen shall he entitled . to, discharge {rom ‘su<:li» vessel had to receive the we.ges_ee`med. But this section · shalt not apply to ughing or iwihallug vessels or `ylqchts. (Mar; . 4, 1915, :.:;.153, i. 2,.88 Stet.'1164.)  ‘, — ‘ ,974; Lat of crew te be adeliveréd to eelleetdr.—-·Bef<>;·e e clearance ia granted to any geese! bexgml eu a forelgxja veyege e br ezxgagedlu the whale fishery, the muster thereof shall 'de— liver to the collector of the customs. I1 list centaihihg theymlmes, · places 'et birth and residence, `atxd descmition et the persons e whe coiuwee his shipweémpany; to which Hit the oath of the ‘ captain shall be annexed, that the list eeutslns the mules et his  ‘ crew, together with the·p1mQ·es of the}: birth and residence. as tar eanhe me eeeertein`them; and the ’¢@§1¢¢¢¤1T shall delléeie ‘ him a eertmed copy therehf. (-1}.. S. § 4573.)-_ · t .~, ° · " 635{ Certihgnte telid oferew; recerd.———-In all eases ot private veiseels of the United-States ‘éhl~l"lng from a port in the 7 United States `to e foreign port, the list eythe crew shall be 86270’———·—.@8·—-—¢—·-—-96 I ° “ ‘

——SHIPPING § 677 examined by the collector for the district; from which the vessel shall clear, and, lf approved‘0f by [him; shall be Certified _acg:ordlngly. No person shall be admitted or employed on board of auysnch veasel unless his name shall have been entered in the list of the crew, apnroved and_certii1éd by the col-' lector ?to1·_ the district from which the vessel shall clear. r The collectog, before he delivers the list1 of the crew, approved and certlned, to the magtexr or proper omcer `ot the vessel to 'which the same belongs, shallcause the same tq be fecorded in a book` by him for that purpose to be provided, and the record shall be 0pén._fo;•.· the inspection of all persons, and a certihed copy thereof shall be admitted ; in evidence ·in~ any court in which any question may arise under any or the pmvisitms of this chapter._.Y (R. S. § 4574.) -. · 676. Rules as in list of ¢1:ewQ——The following tules shall be observed with reference to_ vessels `bound ml any foreign voyage; ‘ _'. `. ’ —_ ~ _ First. The duplicate list of the ship’s companyltreqnired to. he made out by the masterland delivexjed to the collector bf the customs, under section 674, shall. be a fair c0py in one uniform handwriting without erasure .0r interllheatidn. T Second. It sha1l’be the duty df the owners of every sueh vegéel to obtain' from the collector ot the customs pt the dis- · trlct from .which the"clearance is made, 8_t1'\}€ and certined copy of the shipping articles containing the names ot the crew, which shall be written in a uniform hand,f without erasures ior lnterlineatitms. U "”·` `_ ’ _ `_ _ Third`; '1‘hese‘dqcume¤tS$· which shall "be deemed. tollcontain all the conditions ot contract with the crew as to theixj service, pay, voyage, and all `otheri things, shall be produced by the °’ master, am} laid before any; consul of the United States, whenevezj he maj deem their contentsaneeeasary to enable him go ‘discharge‘ the dnties impcsecl, upon him By law; t0wai·d_ any _mari ner applying to him for his. aigi o1·`assistance._ - Fourth. All interlineations, erasurw, or writing in_ a hand different from that in which such duplicates were originally I -mad·e,_ shall bedeémed fraudulent alterations, woikiug no change 111* such papers, unleés sat;is£act¤rlly·explained in a manner bonsistent with innocent parpoaes and the provisions ot law ` which guatd the rights 0fma1‘ine1?s._ ;‘_ » *1 _ — . M Fifth. It- any master of a veml shall proceed on a foreign voyage without the documents required, or refuse to produce them when required, or to perform, the duties ihzposccl by this sectiqn, or. shall viblate the pmvlaions thereof, he shall be ;, liable to each and every individual injured thereby in damages, to` be xeéovered. in any court of the United States. in the diertrlct where suchdellgxquent marreside or- he found, and in addition thereto be punishable by a line of ,$100 for each q¤enSe. . ` e -_ ·-Sixth. tit shall be tpe`a¤¢y=¤z thehoaidlng etllcer to repmpt all violations of thlé section tq the collector ot the port where any vessel may. arrive, and the collector Shall report the same t‘0` the _Secretary of Commerce and to the United States at~. torney in his district. (R. S. §';_4575»; Feb: 27, 1877; c. 69, § 1, 19 Stat.._252; Feb. 14, 1903, c. 552,32 Stat..._829; Ma;. 4,_ 1913, é.·141,37 Sta·t..—736..) ` l _-. . 677. Production of cupy df list on return af vessel; production _0|' persona namad.·——··-Tlxé master of every vessel bnumleju M ·a·a foreign voyage or engaged in ?the whale Hshery shall. exhlhlt the certfiled copy of the list ot the crew to the first bnarcling tmcer at the that port in the United States at which he shall arrive on his retnrn,” and also produéze the pcrscms _·nam¢>d therein to the boarding bmcer; whose duty it shall he to cxr amine the men wltl1`snt·h.llst angel to report theqzgame to the. eollector; and it shall be the duty of the colléietor -nt‘ the port l- ot arrival, where the game is different from the p·m·t from which the véssel briglnally sailed, to transmit __a copy qt the list? so reported to him to the collector of the pbrt from which °