receipt, settlement, or discharge otherwise made shall operate as evidence of the release or satisfaction of any claim. Fifth. Upon payment being made by a master before a shipping-commissioner, the shipping-commissioner shall, if required, sign and give to such master a statement of the whole amount so paid; and such statement shall, between the master and his employer, be received as evidence that he has made the payments therein mentioned. Upon every discharge effected before a shipping-com- R. S., 4553. missioner, the master shall make and sign, in the form given in the table marked "B," in the schedule annexed to this Title [R. S., 4501-4613], a report of the conduct, character, and qualifications of the persons discharged; or may state in such form, that he declines to give any opinion upon such particulars, or upon any of them; and the commissioner shall keep a register of the same, and shall, if desired so to do by any seaman, give to him or indorse on his certificate of discharge a copy of so much of such report as concerns him. A seaman's right to wages and provisions shall be taken R. S., 4524. to commence either at the time at which he commences work, or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens. No right to wages shall be dependent on the earning of R. S., 4525. freight by the vessel; but every seaman or apprentice who would be entitled to demand and receive any wages if the vessel on which he has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same of the master or owner in personam, notwithstanding that freight has not been earned. But in all cases of wreck or loss of vessel, proof that any seaman or apprentice has not exerted himself to the utmost to save the vessel, cargo, and stores, shall bar his claim. In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such seaman shall be considered as a destitute seaman and shall be treated and transported to port of shipment as provided in sections forty-five hundred and seventy-seven, forty-five hundred and seventy-eight, and forty-five hundred and seventy-nine of the Revised Statutes of the United States. [This section shall not apply to fishing or whaling vessels or yachts-Dec. 21, 1898, sec. 26.] R. S., 4526. Dec. 21, 1898. Sec. 3. Any seaman who has signed an agreement and is after- R. S., 4527. ward discharged before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying such discharge, and without his consent, shall be entitled to receive from the master or owner, in addition to any wages he may have earned, a sum equal in amount to one month's wages as compensation, and may, on adducing evidence satisfactory to the court hear R. S., 4528. R. S., 4529. Dec. 21, 1898. Sec. 4. Sec. 3. 1915.) ing the case, of having been improperly discharged, recover such compensation as if it were wages duly earned. No seaman or apprentice shall be entitled to wages for any period during which he unlawfully refuses or neglects to work when required, after the time fixed by the agreement for him to begin work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offense committed by him. The master or owner or any vessel making coasting voyages shall pay to every seaman his wages within two June 28, 1906. days after the termination of the agreement under which Mar. 4, 1915. he was shipped, or at the time such seaman is discharged, (Effective be- whichever first happens; and in case of vessels making ginning Nov. 4, foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the seaman shall be entitled to be paid at the time of his discharge on account of wages a sum equal to one-third part of the balance due him. Every master or owner who refuses or neglects to make payment in the manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to two days' pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court; but this section shall not apply to masters or owners of any vessel the seamen of which are entitled to share in the profits of the cruise or voyage. [This section shall not apply to fishing or whaling vessels or yachts-Dec. 21, 1898, sec. 26-but this section shall apply to all vessels engaged in the taking of oystersJune 28, 1906, sec. 4.] R. S., 4530. Sec. 4. American ves Every seaman on a vessel of the United States shall be entitled to receive on demand from the master of the Mar. 4, 1915. vessel to which he belongs one-half part of the wages (Effective on which he shall have then earned at every port where such sels beginning vessel, after the voyage has been commenced, shall load Nov. 4, 1915; or deliver cargo before the voyage is ended and all stipuforeign nations lations in the contract to the contrary shall be void: Protreaties Mar. 4, vided, Such a demand shall not be made before the expi1916; on ves-ration of, nor oftener than once in five days. Any failure foreign na-on the part of the master to comply with this demand mination of shall release the seaman from his contract and he shall on vessels of not covered by sels of other tions after ter treaties.) be entitled to full payment of wages earned. And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him, as provided in section forty-five hundred and twenty-nine of the Revised Statutes: Provided further, That notwithstanding any release signed by any seaman under section forty-five hundred and fifty-two of the Revised Statutes any court having jurisdiction may upon good cause shown set aside such release and take such action as justice shall require: And provided further, That this section shall apply to seamen on foreign vessels while in harbors of the United States, and the courts of the United States shall be open to such seamen for its enforcement. [This section shall not apply to fishing or whaling vessels or yachts-Dec. 21, 1898, sec. 26.] Whenever the wages of any seaman are not paid within R. S., 4546. ten days after the time when the same ought to be paid according to the provisions of this Title [R. S., 4501-4613], or any dispute arises between the master and seamen touching wages, the district judge for the judicial district where the vessel is, or in case his residence be more than three miles from the place, or he be absent from the place of his residence, then, any judge or justice of the peace, or any commissioner of a district court, may summon the May 28, 1896. master of such vessel to appear before him, to show cause why process should not issue against such vessel, her tackle, apparel, and furniture, according to the course of admiralty courts, to answer for the wages. If the master against whom such summons is issued neglects to appear, or, appearing, does not show that the wages are paid or otherwise satisfied or forfeited, and if the matter in dispute is not forthwith settled, the judge or justice or commissioner shall certify to the clerk of the district court that there is sufficient cause of complaint whereon to found admiralty process; and thereupon the clerk of such court shall issue process against the vessel. In all cases where the matter in demand does not exceed one hundred dollars the return day of the monition or citation shall be the first day of a stated or special session of court next succeeding the third day after the service of the monition or citation, and on the return of process in open court, duly served, either party may proceed therein to proofs and hearing without other notice, and final judgment shall be given according to the usual course of admiralty courts in such cases. In such suits all the seamen having cause of complaint of the like kind against the same vessel may be joined as complainants, and it shall be incumbent on the master to produce the contract and log book, if required to ascertain any matter in dispute; otherwise the complainants shall be permitted to state the contents thereof, and the burden of proof of the contrary shall be on the master. But nothing herein contained shall prevent any seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty jurisdiction wherever any vessel may be found, in case she shall have left the port of delivery where her voyage ended before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the day when such wages are due, in accordance with section forty-five hundred and twenty-nine of the Revised Statutes. [This section shall not apply to fishing or whaling vessels or yachts-Dec. 21, 1898, sec. 26-but this section shall apply to all vessels engaged in the taking of oysters-June 28, 1906, sec. 4.] 143562°-196 R. S., 4547. Dec. 21, 1898. June 28, 1906. Sec. 4. R. S., 4548. R. S., 4603. R. S., 4605. R. S., 4251. Sec. 24. Sec. 4. Sec. 11. American ves Moneys paid under the laws of the United States, by direction of consular officers or agents, at any foreign port or place, as wages, extra or otherwise, due American seamen, shall be paid in gold or its equivalent, without any deduction whatever any contract to the contrary notwithstanding. Any question concerning the forfeiture of, or deductions from, the wages of any seaman or apprentice, may be determined in any proceeding lawfully instituted with respect to such wages, notwithstanding the offense in respect of which such question arises, though hereby made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding. Whenever in any proceeding relating to seamen's wages it is shown that any seaman or apprentice has, in the course of the voyage, been convicted of any offense by any competent tribunal, and rightfully punished therefor, by imprisonment or otherwise, the court hearing the case may direct a part of the wages due to such seaman not exceeding fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring such conviction and punishment. 97. Vessels exempt from libel for wages. No canal-boat, without masts or steam power, which is required to be registered, licensed, or enrolled and licensed, shall be subject to be libeled in any of the United States courts for the wages of any person who may be employed on board thereof, or in navigating the same. 98. Advances and allotments of wages. Dec. 21, 1898. (a) It shall be, and is hereby, made unlawful in any Apr. 26, 1904. case to pay any seaman wages in advance of the time June 28, 1906. when he has actually earned the same, or to pay such adMar. 4, 1915. vance wages, or to make any order, or note, or other (Effective on evidence of indebtedness therefor to any other person, sels beginning or to pay any person, for the shipment of seamen when Nov. 4, 1915 payment is deducted or to be deducted from a seaman's foreign nations wages. Any person violating any of the foregoing provitreaties Mar. 4, sions of this section shall be deemed guilty of a misde1916; on ves meanor, and upon conviction shall be punished by a fine foreign na- of not less than $25 nor more than $100, and may also tions after ter be imprisoned for a period of not exceeding six months, treaties.) at the discretion of the court. The payment of such ad on vessels of not covered by sels of other mination of vance wages or allotment shall in no case except as herein provided absolve the vessel or the master or the owner thereof from the full payment of wages after the same shall have been actually earned, and shall be no defense to a libel suit or action for the recovery of such wages. If any person shall demand or receive, either directly or indirectly, from any seaman or other person seeking employment, as seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, he shall for every such offense be deemed guilty of a misdemeanor and shall be imprisoned not more than six months or fined not more than $500. (b) It shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children. (c) No allotment shall be valid unless in writing and signed by and approved by the shipping commissioner. It shall be the duty of the said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotment of any part of the wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agreement and shall state the amounts and times of the payments to be made and the persons to whom the payments are to be made. (d) No allotment except as provided for in this. section shall be lawful. Any person who shall falsely claim to be such relation, as above described, of a seaman under this section shall for every such offense be punished by a fine not exceeding $500 or imprisonment not exceeding six months, at the discretion of the court. (e) This section shall apply as well to foreign vessels while in waters of the United States, as to vessels of the United States, and any master, owner, consignee, or agent of any foreign vessel who has violated its provisions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for similar violation. The master, owner, consignee, or agent of any vessel of the United States, or of any foreign vessel seeking clearance from a port of the United States, shall present his shipping articles at the office of clearance, and no clearance shall be granted any such vessel unless the provisions of this section have been complied with. (f) Under the direction of the Secretary of Commerce the Commissioner of Navigation shall make regulations to carry out this section. [This section shall not apply to fishing or whaling vessels or yachts-Dec. 21, 1898, sec. 26-but this section shall apply to all vessels engaged in the taking of oysters-June 28, 1906, sec. 4.] 99. Wages and clothing exempt from attachment. Sec. 12. Mar. 4. 1915. ginning Nov. 4, No wages due or accruing to any seaman or apprentice shall be subject to attachment or arrestment from any court, and every payment of wages to a seaman or ap- 1915.) prentice shall be valid in law, notwithstanding any previous sale or assignment of wages or of any attachment, encumbrance, or arrestment thereon; and no assignment or sale of wages or of salvage made prior to the accruing thereof shall bind the party making the same, except such allotments as are authorized by this title. This section shall apply to fishermen employed on fishing vessels as well as to seamen: Provided, That nothing contained in this or any preceding section shall interfere with the order by any court regarding the payment by any seaman of any part of his wages for the support and maintenance of his wife and minor children. |