Page:United States Statutes at Large Volume 97.djvu/602

 97 STAT. 570 PUBLIC LAW 98-89 —AUG. 26, 1983 10507. Duties of shipping commissioners. 10508. General penalties. 10509. Penalty for failing to begin voyage. § 10501. Application Ante, p. 561. (a) Except for a vessel to which chapter 103 of this title applies, this chapter applies to a vessel of at least 50 gross tons on a voyage between a port in one State and a port in another State (except an adjoining State). (b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage. (c) Unless otherwise provided, this chapter does not apply to a foreign vessel. § 10502. Shipping articles agreements (a) Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman on board, declaring the nature of the voyage or the period of time for which the seaman is engaged. (b) The agreement shall include the date and hour on which the seaman must be on board to begin the voyage. (c) The agreement may not contain a provision on the allotment of wages or a scale of provisions. § 10503. Exhibiting merchant mariners' documents Before signing the agreement required by section 10502 of this title, a seaman required by section 8701 of this title to have a merchant mariner's document shall exhibit to the master a docu- ment issued to the seaman and appropriately endorsed for the capacity in which the seaman is to serve. § 10504. Wages (a) After the beginning of a voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement required by section 10502 of this title and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under section 10312 of this title, a court having jurisdiction may set aside, for good cause shown, the release and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht. However, this subsection applies to a vessel taking oysters. (b) The master shall pay a seaman the balance of wages due the seaman within 2 days after the termination of the agreement re- quired by section 10502 of this title or when the seaman is dis- charged, whichever is earlier. Delayed (c) When payment is not made as provided under subsection (b) of payment. ^jjjg ggction without Sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed. (d) Subsections (b) and (c) of this section do not apply to a fishing or whaling vessel or a yacht. However, subsections (b) and (c) apply to a vessel taking oysters.

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