Wages payable in gold. Title 53, Chap. 5. SEC. 4548. 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. 3 March, 1873, v. 17, p. 602. SEC. 4559. Upon a complaint in writing, signed by the first, or the second and third officers and a majority of the crew, of any vessel while Appointment of inspectors by in a foreign port, that such vessel is in an unsuitable condition to go consul in foreign to sea, because she is leaky, or insufficiently supplied with sails, rigport. ging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores, and supplies are not, or have not been, during the voyage, sufficient and wholesome, thereupon, in any of these or like cases, the consul or a commercial agent who may discharge any duties of a consul, shall appoint two disinterested, competent, practical men, acquainted with maritime affairs, to examine into the causes of complaint, who shall, in their report, state what defects and deficiencies, if any, they find to be well founded, as well as what, in their judgment, ought to be done to put the vessel in order for the continuance of her voyage. 20 July, 1840, v. 5, p. 396. 29 July, 1850, s. 6, v. 9, p. 441. SEC. 4560. The inspectors appointed by any consul or commercial agent, in pursuance of the preceding section, shall have full power to examine the vessel and whatever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends of justice may require; and if, upon a view of the whole proceedings, the consul or other commercial agent is satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval; or if he dissents, he shall certify his reasons for dissenting. 20 July, 1840, v. 5, p. 396. Discharge of SEC. 4561. The inspectors in their report shall also state whether, seamen on ac in their opinion, the vessel was sent to sea unsuitably provided in any worthiness of important or essential particular, by neglect or design, or through count of unsea vessel. mistake or accident, and in case it was by neglect or design, and the consul or other commercial agent approves of such finding, he shall discharge such of the crew as require it, each of whom shall be entitled to three months' pay in addition to his wages to the time of discharge; but if, in the opinion of the inspectors, the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty; otherwise they shall, upon their request, be discharged, and receive each one month's wages in addition to their pay up to the time of discharge. Ibid. Payment of SEC. 4562. The master shall pay all such reasonable charges for incharges for inspection under such complaint as shall be officially certified to him spection. under the hand of the consul or commercial agent; but in case the inspectors report that the complaint is without any good or sufficient cause, the master may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reasonable damages for detention on that account as the consul or commercial agent directing the inquiry may officially certify. Refusal to pay Ibid. SEC. 4563. Every master who refuses to pay such wages and charges wages and charg shall be liable to each person injured thereby in damages, to be rees; damages; penalty. covered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of one hundred dollars for each offense. Examination of rovisions. Ibid., p. 397. SEC. 4565. Any three or more of the crew of any merchant-vessel of the United States bound from a port in the United States to any foreign port, or being of the burden of seventy-five tons or upward, and bound from a port on the Atlantic to a port on the Pacific, or vice versa, may complain to any officer in command of any of the vessels of the United States Navy, or consular officer of the United States, or shipping-commissioner or chief officer of the customs, that the provisions or water for the use of the crew are, at any time, of bad quality, unfit for use, or deficient in quantity. Such officer shall thereupon examine the provisions or water, or cause them to be examined; and if, on examination, such provisions or water are found to be of bad quality and unfit for use, or to be deficient in quantity, the person making such examination shall certify the same in writing to the master of the ship. If such master does not thereupon provide other proper provisions or water, where the same can be had, in lieu of any so certified to be of a bad quality and unfit for use, or does not procure the requisite quantity of any so certified to be insufficient in quantity, or uses any provisions or water which have been so certified as aforesaid to be of bad quality and unfit for use, he shall, in every such case, be liable to a penalty of not more than one hundred dollars; and upon every such examination the officers making or directing the same shall enter a statement of the result of the examination in the log-book, and shall send a report thereof to the district judge for the judicial district embracing the port to which such vessel is bound; and such report shall be received in evidence in any legal proceedings. 7 June, 1872, s. 36, v. 17, p. 269. SEC. 4566. If the officer to whom any such complaint, in regard to the Forfeiture for provisions or the water, is made, certifies in such statement that there false complaint. was no reasonable ground for such complaint, each of the parties so complaining shall be liable to forfeit to the master or owner, out of his wages, a sum not exceeding one week's wages. Ibid., s. 37. SEC. 4567. If any seaman, while on board any vessel, shall state to Permission to the master that they desire to make complaint, in accordance with the enter complaint. two preceding sections, in regard to the provisions or the water, to a competent officer, against the master, the master shall, if the vessel is then at a place where there is any such officer, so soon as the service of the vessel will permit, and if the vessel is not then at such a place, so soon after her first arrival at such place as the service of the vessel will permit, allow such seamen, or any of them, to go ashore, or shall send them ashore, in proper custody, so that they may be enabled to make such complaint; and shall, in default, be liable to a penalty of not more than one hundred dollars. Ibid., s. 38. Return of sea SEC. 4577. It shall be the duty of the consuls, vice-consuls, commercial agents, and vice-commercial agents, from time to time, to provide men. for the seamen of the United States, who may be found destitute within their districts, respectively, sufficient subsistence and passages to some port of the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the Secretary of State shall give. The seamen shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. 28 Feb., 1803, s. 4, v. 2, p. 204. fusal to receive seamen. SEC. 4578. All masters of vessels belonging to citizens of the United Penalty for reStates, and bound to some port of the same, are required to take such destitute seamen on board of their vessels, at the request of the consuls, vice-consuls, commercial agents, or vice-commercial agents, respectively, and to transport them to the port in the United States to which such vessel may be bound, on such terms, not exceeding ten dollars for each person, as may be agreed between the master and the consul or officer. Every such master who refuses the same on the request or order of such consul or officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certificate of any such consul or officer, given under his hand and official seal, shall be presumptive evidence of such refusal, in any court of law having jurisdiction for the recovery of the penalty. No master of any vessel shall, however, be obliged to take a greater number than two men to every one hundred tons burden of the vessel, on any one voyage. Ibid. sea. Additional al- SEC. 4579. Whenever distressed seamen of the United States are lowance for transported from foreign ports where there is no consular officer of the transportation of destitu te United States, to ports of the United States, there shall be allowed to the master or owner of each vessel, in which they are transported, such reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the First Comptroller of the Treasury. men. Extra wages on discharge. extra wages. 28 Feb., 1811, v. 2, p. 651. SEC. 4580. Upon the application of any seaman to a consular officer for a discharge, if it appears to such officer that he is entitled to his discharge under any act of Congress, or according to the general principles or usages of maritime law, as recognized in the United States, the officer shall discharge such seaman; and shall require from the master of the vessel from which such discharge shall be made, the payment of three months' extra wages, over and above the wages which may then be due to such seaman. When, however, after a full hearing of both parties, the cause of discharge is found to be the misconduct of the seaman, the consular officer may remit so much of the extra wages as would be, by section forty-five hundred and eighty-four, payable to the seaman. [See 1708, DIPLOMATIC OFFICERS.] 18 Aug., 1856, s. 26, v. 11, p. 62. 3 March, 1873, v. 17, p. 580. Penalty for SEC. 4581. If any consular officer, when discharging any seaman, shall neglect to collect neglect to require the payment of and collect the extra wages required to be paid in the case of the discharge of any seaman, he shall be accountable to the United States for the full amount of their share of such wages, and to such seaman to the full amount of his share thereof; and if any seaman shall, after his discharge, have incurred any expense for board or other necessaries at the place of his discharge, before shipping again, such expense shall be paid out of the share of three months' wages to which he shall be entitled, which shall be retained for that purpose, and the balance only paid over to him. Extra wages upon discharge, in case of sale. When extra wages may be remitted. tra wages. 18 Aug., 1856, s. 26, v. 11, p. 62. SEC. 4582. Whenever a vessel belonging to a citizen of the United States is sold in a foreign country, and her company discharged, or when a seaman, a citizen of the United States, is, with his own consent, discharged in a foreign country, it shall be the duty of the master to produce to the consular officer, the certified list of his ship's company, and to pay such consul or officer, for every seaman so discharged, designated on such list as a citizen of the United States, three months' pay, over and above the wages which may then be due to such seaman. 28 Feb., 1803, s. 3, v. 2, p. 203. SEC. 4583. No payment of extra wages shall be required upon the discharge of any seaman in cases where vessels are wrecked, or stranded, or condemned as unfit for service. If any consular officer, upon the complaint of any seaman that he has fulfilled his contract, or that the voyage is continued contrary to his agreement, is satisfied that the contract has expired, or that the voyage has been protracted by circumstances beyond the control of the master, and without any design on his part to violate the articles of shipment, then he may, if he deems it just, discharge the mariner without exacting the three months' additional pay. No payment of such extra wages, or any part thereof, shall be remitted in any case, except as allowed in this section. 20 July, 1840, v. 5, p. 395. 18 Aug., 1856, s. 26, v. 11, p. 62. Disposal of ex- SEC. 4584. Whenever any consular officer upon the discharge of any seaman demands or receives extra three months' wages for such seaman, two-thirds thereof shall be paid by such officer to the seaman so discharged, upon his engagement on board of any vessel to return to the United States. The remaining third shall be retained for the purpose of creating a fund for the payment of the passages of seamen, citizens of the United States, who may be desirous of returning to the United States, and for the maintenance of American seamen who may be destitute, and may be in such foreign port; and the several sums retained for such fund shall be accounted for with the Treasury every six months by the persons receiving the same. Idem and 18 Feb., 1803, 8. 3, v. 2, p. 203. upon SEC. 4589. The master of every vessel of the United States, any of Protest the crew whereof shall have been impressed or detained by any foreign impressment. power, shall, at the first port at which such vessel arrives, if such impressment or detention happened on the high seas, or if the same happened within any foreign port, then in the port in which the same happened, immediately make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person impressed or detained; distinguishing also whether he was an American citizen; and, if not, to what nation he belonged. Such master shall also transmit, by post or otherwise, every such protest made in a foreign country, to the nearest consul or agent, or to the minister of the United States resident in such country, if any such there be; preserving a duplicate of such protest, to be by him sent immediately after his arrival within the United States to the Secretary of State, together with information to whom the original protest was transmitted. In case such protest shall be made within the United States, or in any foreign country, in which no consul, agent, or minister of the United States resides, the same shall, as soon thereafter as practicable, be transmitted by such master, by post or otherwise, to the Secretary of State. 28 May, 1796, s. 4, v. 1, p. 477. SEC. 4600. It shall be the duty of consular officers to reclaim deserters Title 53, Chap. 7. and discountenance insubordination by every means within their power; Reclamation and where the local authorities can be usefully employed for that pur- and discharge of pose, to lend their aid and use their exertions to that end, in the most deserters by coneffectual manner. In all cases where deserters are apprehended, the sular officers. consular officer shall inquire into the facts; and if he is satisfied that the desertion was caused by unusual or cruel treatment, the seaman shall be discharged, and receive, in addition to his wages to the time of the discharge, three months' pay; and the officer discharging him shall enter upon the crew-list and shipping-articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto, officially. 7 June, 1872, s. 56, v. 17, p. 275. SEC. 5363. Every master or commander of any vessel belonging, in Title 70, Chap. 3. whole or part, to any citizen of the United States, who, during his being abroad, maliciously and without justifiable cause forces any officer Forcible abanor mariner of such vessel on shore, in order to leave him behind in any donment of offi foreign port or place, or refuses to bring home again all such officer or mariner in foreign port. cers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not more than six months. 3 March, 1825, s. 10, v. 4, p. 117. NOTE.-The consular and diplomatic act passed July 1, 1882, appropriates $60,000 for the relief of Amorican seamen in foreign countries. SEC. 4131. Vessels registered pursuant to law, and no others, except Title 48, Chap. 1. such as shall be duly qualified, according to law, for carrying on the What are vescoasting trade and fisheries, or one of them, shall be deemed vessels of, sls of the United the United States, and entitled to the benefits and privileges appertain- States. ing to such vessels; but they shall not enjoy the same longer than they By whom may shall continue to be wholly owned by citizens and to be commanded by a citizen of the United States. And officers of vessels of the United States shall in all cases be citizens of the United States. be commanded. What vessels 31 Dec., 1792. s. 1, v. 1, p. 287. [NOTE.-An act approved April 17, 1874, chap. 107, v. 18, p. 30, provides that any alien, who in the manner provided for by law, has declared his intention of becoming a citizen of the United States, and who may have been a permanent resident of the United States for at least six months immediately previous to the granting of such license, may be licensed, as if already naturalized, as an engineer or pilot upon any steam vessel subject to inspection under the provisions of the act of Feb. 28, 1871, v. 16, p. 440. An act approved April 18, 1874, chap. 110, v. 18, p. 31, exempts canal boats or boats employed on the internal waters or canals of any State, excepting such as are provided with sails or propelling machinery of their own adapted to lake or coastwise navigation and such as are employed in trade with the Canadas, from the provisions of the act of Feb. 18, 1793, and from the payment of all customs and other fees under any act of Congress.] SEC. 4132. Vessels built within the United States, and belonging are entitled to wholly to citizens thereof, and vessels which may be captured in war register. by citizens of the United States, and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this Title. Vessels owned citizens. Idem, s. 2, p. 288. SEC. 4133. No vessel shall be entitled to be registered, or, if registered, by non-resident to the benefits of registry, if owned in whole or in part by any citizen of the United States who usually resides in a foreign country, during the continuance of such residence, unless such citizen be a consul of the United States, or an agent for and a partner in some house of trade or copartnership, consisting of citizens of the United States actually carrying on trade within the United States. zens. Ibid. Vessels owned SEC. 4134. No vessel shall be entitled to be registered as a vessel of by non-resident the United States, or, if registered, to the benefits of registry, if owned. naturalized citi- in whole or in part by any person naturalized in the United States, and residing for more than one year in the country from which he originated, or for more than two years in any foreign country, unless such person be a consul or other public agent of the United States. Nothing contained in this section shall be construed to prevent the registering anew of any vessel before registered, in case of a sale thereof in good faith to any citizen resident in the United States; but satisfactory proof of the citizenship of the person on whose account a vessel may be purchased shall be exhibited to the collector, before a new register shall be granted for such vessel. 27 March, 1804, s. 1, v. 2, p. 296. American vesSEC. 4135. No vessel which has been recorded or registered as an sel taking foreign American vessel of the United States, pursuant to law, and which was flag. licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registerod as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry. Wrecked vessels. 10 Feb., 1866, ch. 8, v. 14, p. 3. SEC. 4136. The Secretary of the Treasury may issue a register or enrollment for any vessel built in a foreign country, whenever such vessel shall be wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired. 23 Dec., 1852, ch. 4, v. 10, p. 149. Failure to reSEC. 4172. If any vessel registered as a vessel of the United States port sale to for- shall be sold or transferred, in whole or in part, by way of trust, confieigners. dence, or otherwise, to a subject or citizen of any foreign prince or state, and such sale or transfer shall not be made known, as herein before directed, such vessel, together with her tackle, apparel, and furniture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the jury before whom the trial for such for |