said master, or of any person who shall lawfully succeed him, and of their superior officers in everything relating to the vessel, and the stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service, to be duly performed, the said master hereby agrees to pay the said crew, as wages, the sums against their names respectively expressed, and to supply them with provisions according to the annexed scale. And it is hereby agreed that any embezzlement, or willful or negligent destruction of any part of the vessel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the same; and if any person enters himself as qualified for a duty which he proves himself incompetent to perform, his wages shall be reduced in proportion to his incompetency. And it is also agreed that if any member of the crew considers himself to be aggrieved by any breach of the agreement or otherwise, he shall represent the same to the master or officer in charge of the vessel, in a quiet and orderly manner, who shall thereupon take such steps as the case may require. And it is also agreed that (here any other stipulations may be inserted to which the parties. agree, and which are not contrary to law).

In witness whereof the said parties have subscribed their names hereto, on the days against their respective signatures mentioned. Signed by master, on the

eighteen hundred and

day

of

Note. In the place for signatures and descriptions of men engaged

after the first departure of the ship, the entries are to be made as above, except that the signatures of the consul or vice-consul, officer of customs, or witness before whom the man is engaged, is to be substituted for that of the shipping-master.

SCALE OF PROVISIONS TO BE ALLOWED AND SERVED OUT TO THE CREW DUR. ING THE VOYAGE.

One pound of flour daily may be substituted for the daily ration of biscuit or fresh bread; two ounces of desiccated vegetables for one pound of potatoes or yams; six ounces of hominy, oatmeal, or cracked wheat, or two ounces of tapioca, for six ounces of rice; six ounces of canned vegetables for one-half pound of canned tomatoes; one-eighth of an ounce of tea for three-fourths of an ounce of coffee; threefourths of an ounce of coffee for one-eighth of an ounce of tea; six ounces of canned fruit for three ounces of dried fruit; one-half ounce of lime juice for the daily ration of vinegar; four ounces of oatmeal or cracked wheat for one-half pint of corn meal; two ounces of pickled onions for four ounces of fresh onions.

When the vessel is in port and it is possible to obtain the same, one and one-half pounds of fresh meat shall be substituted for the daily rations of salt and canned meat; one-half pound of green cabbage for one ration of canned tomatoes; one-half pound of fresh fruit for one ration of dried fruit. Fresh fruit and vegetables shall be served

while in port if obtainable. The seamen shall have the option of accepting the fare the master may provide, but the right at any time to demand the foregoing scale of provisions.

The foregoing scale of provisions shall be inserted in every article of agreement, and shall not be reduced by any contract, except as above, and a copy of the same shall be posted in a conspicuous place in the galley and in the forecastle of each vessel.

TABLE B.

CERTIFICATE OF DISCHARGE.

I certify that the above particulars are correct, and that the abovenamed seaman was discharged accordingly.

Dated

day of

(Signed)

(Countersigned)

–, eighteen hundred and

Seaman.

Given to the above-named seaman in my presence this

eighteen hundred and

(Signed)

Master.

day of

Shipping-Commissioner.

TABLE C.

FEES, (SEAMEN.)

Fee payable on engaging crew, for each member of the crew, (except apprentices)

Fee payable on discharging crew, for each member of crew discharged

TABLE D.

FEES, (APPRENTICES.)

For each boy apprenticed to the merchant service, including the indenture

TABLE E.

$2.00

50

$5.00

REDUCTION FROM WAGES OF SEAMEN.

In partial repayment of the fees payable in Table C, in respect of engagements, from the wages of each member of the crew, twenty-five

cents.

In respect of discharges, from the wages of each member of the crew, twenty-five cents.

Act June 7, 1872, c. 322, §§ 65, 68, 17 Stat. 277. Act Dec. 21, 1898, c. 28, 23, 30 Stat. 762.

In the Schedule annexed to this section, as enacted in the Revised Statutes, in Table A thereof the scale of provisions and the substitutes to be allowed and served out to the crew during the voyage were as follows:

"Scale of Provisions to be Allowed and Served Out to the Crew During

"(Here any stipulation for changes, or substitution of one article for another, may be inserted.)

"Substitutes.

"One ounce of coffee, or cocoa, or chocolate, may be substituted for onequarter ounce of tea; molasses for sugar, the quantity to be one-half more; one pound of potatoes or yams, one-half pound flour or rice; one-third pint of pease or one-quarter pint of barley may be substituted for each other. When fresh meat is issued, the proportion to be two pounds per man per day, in lieu of salt meat. Flour, rice, and pease, beef and pork, may be substituted for each other, and, for potatoes, onions may be substituted."

This scale of provisions and substitutes was stricken out, and in place thereof the scale and substitutes contained in the section as set forth here were inserted, by amendment of the section by Act Dec. 21, 1898, c. 28, § 23, cited above.

Section 26 of said amendatory Act Dec. 21, 1898, c. 28, 30 Stat. 764, provided that the act should take effect sixty days after its approval, and should apply to all vessels not specifically exempted by the act, but that section 23 of the act, which amended this section as above stated, should not apply to fishing or whaling vessels or yachts.

The fees allowed by tables "C" and "D" of the Schedule annexed to this section were abolished by the Shipping Act of June 19, 1886, c. 421, § 1, as amended by Act April 4, 1888, c. 61, § 2, ante, § 8138. Said act provided, however, that collectors or other officers of customs, inspectors of steam-vessels, and shipping commissioners, who are paid wholly or partly by fees, should make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, and that the Secretary should allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of the act, and also such compensation to clerks of shipping commissioners and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steamboat inspection laws, and for expenses of steamboat inspectors provided for by R. S. § 4461, as would have been paid them had not the act been passed, provided that such services were, in the opinion of the Secretary, necessarily rendered.

See, also, notes to R. S. § 4501, ante, § 8287.

TITLE LIV

PRIZE

Sec.

8393. Application of provisions of Title.

8394. What are "vessels of the Navy." 8395. Duties of commanding officer upon making capture.

8396. Distribution of proceeds of prize
among captors prohibited.

8397. Duties of prize-master.
8398. Libel and proceedings by district
attorney.

8399. Duties of district attorneys.
8400. Appointment of prize-commission-

ers.

8401. Duties of prize-commissioners. 8402. Duties of marshal.

8403. Appraisal, etc., of property taken for Government.

8404. Proceedings for adjudication where property is not sent in. 8405. Delivery of property on stipulation.

8406. When property may be sold. 8407. Mode of making sale.

8408. Transfer of property to another district for sale.

8409. Distribution of proceeds to captors.

8420. Accounts of clerks of district courts.

8421. Allowances and commissions to marshals.

8422. Compensation of district attorney and prize-commissioners.

8423. Accounts of district attorney and prize-commissioner.

8424. Commissions of auctioneers. 8425. Payment of fees of witnesses. 8426. Recaptures.

§ 8393. (R. S. § 4613.) Application of provisions of Title.

The provisions of this Title shall apply to all captures made as prize by authority of the United States, or adopted and ratified by the PresiIdent of the United States.

Act June 30, 1864, c. 174, § 33, 13 Stat. 315.

§ 8394. (R. S. § 4614.) What are "vessels of the Navy."

The term "vessels of the Navy," as used in this Title, shall include all armed vessels officered and manned by the United States, and under the control of the Department of the Navy.

Act June 30, 1864, c. 174, § 32, 13 Stat. 315.

§ 8395. (R. S. § 4615.) Duties of commanding officer upon making capture.

The commanding officer of any vessel making a capture shall secure the documents of the ship and cargo, including the log-book, with all other documents, letters, and other papers found on board, and make an inventory of the same, and seal them up, and send them, with the inventory, to the court in which proceedings are to be had, with a written statement that they are all the papers found, and are