(UnrtiFll ICaui ^rljnnl ICibtary 
 
.,_ Cornell University Library 
 
 KF1121.M11 
 
 The seaman's contract, 1790-1918; a compi 
 
 3 1924 018 919 187 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31 92401 891 91 87 
 
THE 
 
 SEAMAN'S CONTRACT 
 
 1790-1918 
 
 A Complete Reprint of the Laws 
 Relating to American Seamen 
 
 Enacted, Amended, and Repealed 
 By the Congress of the United States 
 
 As Originally Published in the U. S. Statutes at Large. 
 Compiled and Arranged for Purposes of Comparison 
 
 Including the Present Law 
 
 INTRODUCTION 
 
 A Summary of the Earlier Sea L aws 
 
 APPENDIX 
 
 A Review of the Principal Subjects 
 of Legislation 
 
 TABLES 
 
 Showing the Chronology of the Laws by Subjects 
 and Acts of Congress 
 
 AND A 
 
 COMPLETE INDEX 
 
 COMPILED BY 
 
 W^ALTER MACARTHUR 
 
 SAN FRANClScO, CALIF., 1919 
 
COPYRIGHTED BY 
 
 WALTER MACARTHUR 
 
 1919 
 
THE SEAMAN S CONTRACT. 
 
 PREFACE 
 
 This work is designed as a means of reference to tlie Navigation 
 Laws regulating the seaman's contract, as originally enacted by 
 Congress and subsequently amended, for purposes of comparing 
 the legislation of different periods. 
 
 The scope of the work embraces those laws which deal with the 
 seaman's personal relations to the shipowner and shipmaster, con- 
 stituting the terms of the contract under which he is employed. It 
 includes the laws on Shipment, Discharge, Protection and Relief, 
 Offenses and Punishments, and all other matters bearing upon the 
 seaman's rights, duties, responsibilities and qualifications. 
 
 The earlier Acts of Congress here quoted were compiled and 
 published in the Statutes at Large (Vols. I-XVII). These volumes 
 contained all the laws which had been enacted since the foundation 
 of the Government, 1789-1873. By authority of an Act of Congress, 
 June 27, 1866, a commission was appointed to "revise, simplify, 
 arrange and consolidate all statutes of the United States, general 
 and permanent in their nature." The Revised Statutes were enacted 
 by Congress, June 22, 1874, "embracing the Statutes of the United 
 States, general and permanent in their nature, in force on the first 
 day of December, 1873." The second edition of the Revised Statutes 
 was published in 1878. This edition contained the Statutes as they 
 existed on December 1, 1873, with the addition of all amendments 
 and corrections which had been enacted by Congress between that 
 date and March 3, 1877. 
 
 In order to avoid useless repetition the Revised Statutes (2nd 
 Edition, 1878) have been adopted as the source of quotation. Few 
 changes were made in the Navigation Laws between the date of 
 original enactment and the date of publication in the second edition 
 of the Revised Statutes, so that the form in which they are here 
 reprinted is in almost all instances identical with that of the orig- 
 inal publication. The date of original enactment, and of the amend- 
 ments, if any, with a reference to the volume and page of the 
 Statutes at Large containing the original publication, accompanies 
 each section. The laws which were first enacted subsequent to the 
 date of the Revised Statutes (Dec. 1, 1873) are reprinted from the 
 Statutes at Large, issued after the close of each Congress, with 
 date of enactment and reference to volume and page. The laws are 
 reproduced verbatim et literatim. 
 
 The arrangement is primarily by subjects — "Naturalization of 
 Seamen," "Licensed Officers'," etc. — and thereafter in chronological 
 order. Thus the entire body of legislation on each subject is 
 
IV THE SEAMAN S CONTRACT. 
 
 brought together on successive pages.. The subjects themselves 
 are arranged as nearly as possible in the order of their correlation. 
 By this arrangement all legislation on related subjects is brought 
 immediately before the reader. In each instance the law as it exists 
 at the present time is marked by an asterisk (*) accompanying the 
 number of the section or date of the Act at present in force. 
 Obsolete laws have been omitted, but a summary of such legisla- 
 tion is included in the Appendix. 
 
 The difficulty of determining the actual significance of a given 
 enactment, except by comparison with all preceding" enactments 
 on the same subject, is acknowledged by all authorities. This cir- 
 cumstance arises from the manner in which the various laws have 
 been passed. With few exceptions all recent legislation has taken 
 the form of amendments to existing law. For example, the Act of 
 March 4, 1915, commonly called the Seamen's Act, contains twenty 
 sections, all but seven of which are amendments to previously 
 existing law. ]\Iany of the provisions thus amended were originally 
 enacted in the earlier period of the Nation's history. One feature, 
 in particular, i. e., that governing the payment of part wages in 
 ports during the voyage, was originally enacted in 1790 and amended 
 in 1898. This feature of the modern law has been widely regarded 
 as an innovation, yet it is in reality merely an amendment intended 
 to make effective a provision of law that has been on the statutes 
 for nearly a hundred and thirty years. 
 
 Several of the principal Acts of Congress passed within recent 
 years have each embodied numerous amendments to as many dif- 
 ferent statutes of different periods. Other enactments, in them- 
 selves brief, have changed the incidence of many sections of the 
 law, in respect to their applicability to seamen in particular trades, 
 thereby creating a wide difference of opinion as to the exact status 
 of the seamen employed in the respective trades. An example in 
 point is contained in the Act of June 9, 1874, which declared that 
 none of the provisions of the Act of June 7, 1872 (Shipping Com- 
 missioner's Act), should apply to seamen in the coastwise trade. 
 The first-mentioned of these Acts contained little more than one 
 hundred words, yet in effect it repealed practically the whole law 
 so far as the coastwise trade is concerned. Subsequent enactments 
 have in large part remedied this condition, but a question still 
 remains as to the applicability of certain features of the law in the 
 latter trade, thus giving rise to disagreement among even the most 
 
THE seaman's contract. V 
 
 rendered by the admiralty courts bear evidence of the great labor 
 involved in the process of making- such comparison. 
 
 The sections of the Revised Statutes here reproduced number 
 two hundred and eleven, which were originally contained in forty- 
 three Acts of Congress, enacted during the period 1790-1873. The 
 amending and original acts passed between 1874 and 1918 num- 
 ber fifty-seven. The total number of enactments reproduced is three 
 hundred and eighteen. The compilation of these enactments has 
 necessitated a reference to thirty-six volumes of the Statutes at 
 Large, in which they were originally published. 
 
 The present work is, in effect, a reproduction of the Revised Stat- 
 utes and the Statutes at Large, to the extent embraced by its title. 
 It is presented in the belief, based upon long experience, that it 
 will prove useful to those concerned with the Navigation Laws, by 
 obviating the great labor involved in referring to the original 
 sources of authority, at the same time affording assurance that in 
 the construction and administration of the law of to-day due cog- 
 nizance shall be taken of all antecedent legislation. 
 
 Xo attempt has been made to present the maritime law nor to 
 traverse any of the ground already covered by other works now 
 in common use and easily available. The contents are limited 
 exclusively to a reproduction of the statute law, with the sole object 
 of facilitating the study and comparison of the respective enact- 
 ments upon each subject and affording in simple and inviting form 
 a survey of the whole field. 
 
 Owing to the decline of the American merchant marine in the 
 foreign-going trade during the past fifty years, and the consequent 
 absence of practical interest in the laws relating to Seamen, all 
 incentive to the study of the subject has lapsed. By common con- 
 sent all claim to authoritative voice on the subject has been relin- 
 quished in favor of a comparati\ely few persons, who in the course 
 of long experience in a professional capacity, as members of Con- 
 gress, admiralty judges, and maritime counsellors, have gained rec- 
 ognition as specialists and experts in this branch of jurisprudence. 
 This condition was natural to the state of American shipping in 
 the recent past, and possibly served well enough in the circum- 
 stances. But it is obvious that such a state of things can not suffice 
 for the needs of the present and future. 
 
 The revival and expansion of our maritime interests has created 
 a demand for more general knowledge of the law in its various 
 branches, and especially in that branch which treats of the personnel 
 of the merchant marine. The demand is not only for an increase 
 of the numbers practicing the law, but also for a wider comprehen- 
 
VI THE SEAMAN S CONTRACT. 
 
 sion of the law itself, in order that its principles may be intelli- 
 gently applied to modern conditions. This volume, it is believed, 
 supplies an aid to this end by bringing together the whole body 
 of the law relating to seamen, as enacted by Congress since the 
 beginning of the Government, arranged in such manner as to unite 
 under the respective heads the successive enactments on each sub- 
 ject. It is published in the hope that it may contribute in some 
 degree to that comprehensive knowledge of the subject that is 
 essential to the perpetuation of those principles of the law upon 
 which the successful conduct of maritime affairs so intimately 
 depends. 
 
 The Introduction is intended to present an outline of the origin 
 and development of the Navigation Laws, prepared with the object of 
 extending the reader's horizon and bringing within his ken those 
 antecedents of the modern law not ordinarily available to the stu- 
 dent but which are necessary to a true understanding of the subject. 
 The excerpts from the Laws of Oleron, and accompanying Observa- 
 tions, are reprinted from Peters' "Admiralty Decisions (Phila., 
 1807)," to which authority the compiler is indebted for valuable 
 assistance in preparing that part of the present work. The "Review 
 of the Principal Subjects of Legislation," printed in the Appendix, 
 will serve as a guide to the existing law, by enabling the reader 
 more readily to trace and determine the meaning of the changes 
 made by each successive enactment. 
 
 Table I presents the chronology of the laws by subjects, thus 
 enabling the reader to trace the progress of legislation on each 
 subject from the date of original enactment, through the respective 
 amendments, repeals, and re-enactments, to the present time. 
 
 Table II presents the Acts of Congress in the order of their 
 enactment, with the corresponding section numbers of the Revised 
 Statutes. A reference to this table will facilitate the object of 
 tracing the respective features of each Act through all stages of 
 subsequent enactment. 
 
 Walter Macarthur. 
 
 San Francisco, Calif., October, 1919. 
 
THE SEA^^Al\'s CONTRACT. vil 
 
 CONTENTS 
 
 PREFACE 
 
 IXTRODUCTIOX. The Earlier Sea Laws. 
 
 lll-Vl 
 
 ix-xxiii 
 
 PART OXE. 
 
 Naturalization of Seamen S 
 
 Licensed Officers 7 
 
 Manning Scale 32 
 
 Shipping Commissioner 35 
 
 Shipping Articles 42 
 
 Advance and Allotment 58 
 
 Forecastles 64 
 
 Scale of Provisions — Survey of Food 68 
 
 Survey of Vessel 74 
 
 PART TWO. 
 
 Discharge and Payment of Wages 81 
 
 Duties of Consuls 92 
 
 Discharge in Foreign Port 95 
 
 Distressed Seamen 100 
 
 Deceased Seamen 102 
 
 Offenses and Punishments 108 
 
 Crimes 121 
 
 PART THREE. 
 
 Accidents to Tow-barges 144 
 
 Apprentices 144 
 
 Fishermen's Agreement 14S 
 
 Harboring Deserters, Soliciting Lodgers, etc 147 
 
 Illtreatment of Seamen 148 
 
 Liability of Owner ISO 
 
 Liability of Charterer 151 
 
 Lien and Salvage 152 
 
 Marine Hospitals 153 
 
 Removal of blaster 157 
 
 Medicines, Lime-juice, Slop-chest, Warm Room 157 
 
 Exemption from Militia Duty 159 
 
 Official Log-Book 160 
 
 Officers not Fellow-Servants 162 
 
vm THE seaman's contract. 
 
 Seamen's Act , . ., -. ,■. 163 
 
 Shanghaiing 164 
 
 Radio Communication 166 
 
 Watch-and-Watch, Holidays, Workday 168 
 
 Witnesses' Fees and Transportation 169 
 
 TABLES. 
 
 Table I— SUBJECTS. Chronology of the Laws, With References to 
 Dates of Enactment, Amendment, and Repeal, as Published in the 
 Statutes at Large and Revised Statutes, 1790-1918 171 
 
 Table II— ACTS OF CONGRESS AND REVISED STATUTES. 
 Dates of Acts of Congress, Section Numbers as Re-enacted in Re- 
 vised Statutes, and Dates of Subsequent Acts, 1790-1918 , 190 
 
 APPENDIX. 
 
 A Review of the Principal Subjects of Legislation, 1790-1918 203 
 
 INDEX 225 
 
THE seaman's contract. 
 
 INTRODUCTION 
 
 THE EARLIER SEA LAWS. 
 
 THE PRINCIPLES OF THE SEASrAN's CONTRACT, AS CONTAINED IN THE 
 
 ANCIENT MARITIME CODES, WITH REFERENCES TO AN.\LOGOl'S 
 
 FEATURES OF THE MODERN NAVIGATION LAWS. 
 
 The origin of the laws governing seamen may be traced to the 
 eariiest period of history. These laws developed with the growth of 
 commerce among the ancient peoples and were adopted by each suc- 
 cessi\e maritime power in form modified in accordance with the con- 
 ditions generally prevailing in each nation, but preserving in substance 
 and principle those features which had been found necessary to the 
 successful conduct of maritime enterprise. 
 
 The oldest sea laws are contained in the code of Hammurabi, a 
 Babylonian ruler, whose reign is variously dated between 2400 and 
 2000 B. C. Recent discoveries identify this monarch with Amraphel, 
 who is mentioned in Genesis 14 :1, as King of Shinar. It would seem 
 that his rule extended over the territory that lies between the Persian 
 Gulf and the ^lediterranean Sea. Hammurabi's code throws much 
 light upon Babylonian social grades, industries, religion, law, and 
 family life, and has been described as "the oldest code of laws in the 
 world." 
 
 In those parts of the code which relate to seamen it is required that 
 the shipbuilder shall make the vessel tight, and if a leak occurs on the 
 first voyage he shall make repairs at his own expense. If a vessel be 
 lost by carelessness on the part of the seaman, the latter shall com- 
 pensate the owner for the loss thus occasioned. Other provisions set 
 forth the rates of wages of seamen and of payment for the hire of 
 \essels and also define the liability of shipmasters in cases of collision. 
 These regulations, dating from the earliest period of recorded history, 
 contain the germs of all the maritime laws subsequently enacted in 
 the countries bordering the INIediterranean, and from thence handed 
 down to the maritime peoples of the West and North. 
 
 The older authorities are agreed as to the great antiquity of the 
 maritime laws, but there agreement ends. The claims of precedence 
 made on behalf of one or other of the ancient codes are positively 
 asserted by some writers and as positively denied by others. This 
 dispute arose naturally and inevitably from the fact that these laws 
 have not been transmitted to us directly, but by "discovery," after the 
 lapse of centuries. Even the place and date of discovery, the name of 
 the discoverer, and other particulars have long remained in doubt. 
 
X THE SEAMAN S CONTRACT. 
 
 For instance, the Rhodian law is commonly supposed to antedate the 
 birth of Christ by about nine hundred years. Yet the question whether 
 the fragments of that ancient law were discovered in France or in 
 Germany, and whether first printed at Basle in 1561, or at Frankfort 
 in 1596, remains undecided. Similarly, the question as to the authen- 
 ticity of the fragments of the Rhodian law found in the Pandects or 
 Digest of Justinian — whether these are in reality translations from 
 the original Greek, or merely so much "trash" fabricated by more 
 modern Greeks — and whether the Pandects themselves were discovered 
 at Amalfi or at Pisa, are still subjects of contention. Says an Ameri- 
 can authority, Judge Peters, in his work, "Admiralty Decisions" 
 (Philadelphia, 1807): 
 
 "This controversy has divided the learned for a long period, and 
 must be left with those who delight in such investigations. It does 
 
 not appear less probable that the Rhodian laws, either entire or digested, 
 and published under one of the Greek emperors in their original language, 
 were in existence in 876, in the time of the Emperor Basilicus, than that 
 the Pandects should be found at Amalfi in 1135 or 1137. The Greek copy 
 may have been preserved in Germany, and there discovered, as many such 
 ancient manuscripts have been, in that district of the empire. 
 
 "Whether the laws, in the very words in which they were originally 
 promulgated, or only a summary of, or commentary on them, 'are in-- 
 serted in the Pandects or Digest,' is immaterial, if their general principles 
 and distinguishing features are handed down to us. We have indisputable 
 maritime laws, competent to guide and govern us, if what we have here- 
 tofore deemed the Rhodian laws should be rejected as apocryphal. The 
 principles of the venerable Rhodian code are indubitably transfused into 
 systems yet extant and in high estimation. These principles have survived 
 the ravages of barbarism and the vicissitudes of fortune, which have re- 
 duced to imbecility and obscurity the once powerful and celebrated people 
 with whom they originated. Time, which has exterminated every monu- 
 ment of their wealth and splendor, has perpetuated these more durable 
 memorials of their policy, wisdom and justice, by disseminating them 
 through distant regions, and extending their inestimable advantages to 
 remote generations and races of men." 
 
 With the resumption of commerce in the ^fiddle Ages the old mari- 
 time laws were revived in the Consolato del Mare, which are character- 
 ized by Judge Peters as "the most ancient, celebrated, and authentic 
 sea laws, after those of the Rhodians, Greeks, and Romans." This 
 code was promulgated by the citizens of Barcelona, probably in the 
 earlier part of the thirteenth century. It was a compilation of the 
 best maritime laws then existing, and constituted the binding force 
 within the Mediterranean Sea, and indeed throughout maritime Europe. 
 
 The Laws of Oleron were chiefly borrowed from the Consolato del 
 Mare, of the same period, and promulgated by Eleanor of Guienne for 
 the government of her continental dominions. Afterward they were 
 improved successively by Richard I (the Lionhearted), who introduced 
 the code into England ; by King John, by Henry III, and received their 
 ultimate confirmation during the reign of Edward III. 
 
 The laws of Wisby were principally compiled from those of 
 Oleron. Upon this point it has been remarked that "the Germans 
 
THE SEAMAN S CONTRACT. XI 
 
 Swedes, Danes, Flemings, and all the people of the North observe 
 them, but none have been so curious as to preserve the date and re- 
 membrance of the time when they were composed and published." 
 Some writers have contended that the laws of Wisby are older than 
 those of Oleron, or even the Consolato. Other authorities dispute this 
 claim and deny their having been promulgated prior to 1266. 
 
 The laws of the Hanseatic League miy be dated from the establish- 
 ment of that confederation, in 1241, but it seems certain that they were 
 not formulated into a system of universal application until 1591, and 
 revised in 1614. 
 
 As to those features directly concerning seamen, the laws of 
 Wisby and the Hanseatic League were almost identical with the Laws 
 of Oleron. Whatever the exact period of their enactment, these laws 
 constituted the authority under which commerce was carried on in 
 North Europe. "The naval law of Rhodes, as the law of nations in 
 the Mediterranean Sea, was in force, as in Gaul the laws of Oleron, 
 as also among all Scandinavians the laws of Wisby." 
 
 The ^Marine Ordinances of Louis XIV were compiled by Colbert 
 and published in 1681. This code was a reproduction of those features 
 of the maritime code of Europe which had been acknowledged as 
 authority by all, with the addition of other regulations which were 
 considered as peculiarly necessaiy for the trade of France. Referring 
 to these laws. Chief Justice Tilghman (Supreme Court of Pennsyl- 
 vania, 1807), said: 
 
 "They and the commentaries on them have been received with great 
 respect in the courts both of England and the United States, not as con- 
 veying any authority in themselves, but as evidence of the general marine 
 law. When they are contradicted by judicial decisions in our own country 
 they are not to be regarded; but on points which have not been decided, 
 they are worthy of great consideration." 
 
 For the purposes of the present work the Laws of Oleron have been 
 selected, as constituting the best example of the earlier sea laws. That 
 code, in itself a development of the more ancient systems, forms the 
 ground work of the laws subsequently enacted by the leading maritime 
 nations of the world. As above stated, the laws of Wisby and the Han- 
 seatic League, and the Ordinances of Louis XIV were compiled chiefly 
 from those of Oleron. Originally a combination of the French and Eng- 
 lish laws, the Laws of Oleron were peculiarly adapted to the needs of 
 British commerce and hence were incorporated in the Black Book of 
 the British admiralty and consulted by all the courts of that country on 
 subjects of maritime and commercial controversy. The admiralty 
 courts of the United States frequently refer to the same authority 
 upon questions involving the principles of the maritime law and the 
 constitutionality of the statutes. In explanation of this practice Judge 
 
 Peters says: 
 
 "There is a striking similarity in the leading principles of all these 
 
Xll THE SEAMAN S CONTRACT. 
 
 laws. So far from sound principles becoming obsolete, or injured by time, 
 it will be found, on careful investigation, that the oldest sea laws we 
 know, those of the Rhodiahs, have furnished the outline and leading char- 
 acter of the whole. With such examples before us, we need not hesitate 
 to be guided by the rules and principles established in the maritime laws 
 of other countries. As the sea is common, it is proper and essentially 
 convenient that its laws should be also common to all who travel this 
 'high road of nations'." 
 
 LAWS OF OLERON. 
 
 DEPARTURE OF VESSEL. 
 
 Art. II. If a ship or other vessel be in a port, waiting for weather, and 
 a wind to depart, the master ought when that time comes, before his de- 
 parture to consult his company, and say to them: "Gentlemen, what think 
 you of this wind?" If any of them see that it is not settled, and advise him 
 to stay until it is, and others, on the contrary, would have him make use 
 of it as fair, he ought to follow the advice of the major part. If he does 
 otherwise, and the vessel happens to miscarry, he shall be obliged to make 
 good the same, according to the value upon a just appraisement. 
 
 Observation. 
 
 It is a maxim, or general sea law, that a master of a ship shall never 
 sail out of a port, never weigh or drop anchor, cut masts or cable, or indeed 
 do anything of consequence, let him be in whatever danger may happen, 
 without the advice of the major part of his company, and the merchants, 
 if there be any aboard. He must call all together to consult. (Compare 
 Acts, July 20, 1790, July 20, 1840, and July 29, 1850, pp. 74, 11 ^ 
 
 WAGES IN CASE OF SHIPWRECK. 
 
 Art. III. If any vessel, through misfortune, happens to be cast away, 
 in whatsoever place it be, the mariners shall be obliged to use their best 
 endeavors for saving as much of the ship and lading as possibly they can; 
 and if they preserve part thereof, the master shall allow them a reason- 
 able consideration to carry them home to their own country. And in 
 case they save enough to enable the master to do this, he may lawfully 
 pledge to some honest persons such part thereof as may be sulScient for 
 that occasion. But if they have not endeavored to save as aforesaid, then 
 the master shall not be bound to provide for them in anything, but ought 
 to keep them in safe custody, until he knows the pleasure of the owners, 
 in which he may act as becomes a prudent master; for if he does otherwise 
 he shall be obliged to make satisfaction. 
 
 Observation. 
 
 The ship's crew are obliged to do all that lies in their power to 
 save things from shipwreck, and gather up what they save, on pain of 
 losing their wages; and those that hinder or dissuade them from it, shall 
 be severely punished. This law is very well explained by an ordinance of 
 King Philip II, of Spain, in the year 1563, by which it is ordained,, that 
 the seamen shall be bound to save as much as they can from shipwreck; 
 and in such case, the master is bound to pay them their wages, and to 
 give them a further reward for their labor out of the goods. But if the 
 seamen refuse to do their endeavor to save the goods, they shall neither 
 have pay nor reward. (Compare Act, June 7, 1872, Sees. 32-33, p. 81.) 
 
 DISCHARGE AND P.VYMENT OF WAGES. 
 Art. XVIII. "yVhen a vessel is unladen, and the mariners demand 
 their freight, some of them having neither bed, chest, nor trunk aboard 
 the master may lawfully retain part of their wages, till they have brought 
 back the ship to the port from whence she came; unless they give good 
 security to serve out the whole voyage. 
 
 Observation. 
 
 The 31st article of the ordinances of Wisbuy agrees exactly with 
 this. The seamen's wages are not regularly due till after their work is 
 
TI-IE SEAMAN S CONTRACT. XIU 
 
 entirely done, or the time they hired themselves for expired; except there 
 are any private agreements to the contrary. The 28th article of the Han- 
 seatic law ordains that their wages should be paid at three several pay- 
 ments; one third when they set sail upon a voyage, one third when they 
 arrive at their port of discharge, and the other third when the ship is 
 returned home. (Compare Act, July 20, 1790, Sec. 6, pp. 82, 84, 86.) 
 
 However, a mariner may demand, and ought to have his discharge, 
 either before or during the voyage, for these four reasons: In case he is 
 made master _ or mate of another ship; if he marries, and then he is 
 obliged to refund what he has received; if he made any provision in his 
 bargain for quitting the ship; if the voyage is finished, the ship disarmed, 
 unloaded and light, the sails, tackle and furniture taken away and secured. 
 (Compare Acts, August 18, 18S6, February 28, 1803, and July 20, 1840, pp. 95, 
 98, 99.) 
 
 If the master gives a mariner his discharge, without any lawful cause, 
 and for his pleasure only; in case he does it before the voyage and while 
 the ship is in port, he ought to pay half as much as he was to give him 
 for the whole voyage; but if he discharges him after the ship is sailed, he 
 ought to pay him all his wages. 
 
 By the Hanseatic law, the master is to pay a third of the wages 
 only, and not to bring it to his owner's account. He is obliged also 
 to pay him not only all his wages, if he discharges him in his voyage, 
 but to defray the charges of his return. If after a bargain is made be- 
 tween the master and mariner, if the voyage happens to be hindered by 
 war or pirates, or any other lawful account, the mariner, according to 
 King Philip's laws. Art. 9, shall have a quarter part of the wages that 
 were promised him for the voyage; and the master by a French law 
 shall have half the freight. (Compare Act, June 7, 1872, Sec. 21, p, 82.) 
 
 A master may turn off a mariner if he finds he is ignorant in mari- 
 time affairs, and incapable to perform the voyage, particularly a pilot, to 
 whom in such cases he is not bound to pay any wages, and at his return 
 may have him punished for his rashness, according to' King Philip's and 
 the Hanseatic laws. If it happens that the master finds out the pilot or 
 mariner's ignorance when he can not discharge them, they shall be obliged 
 at their return to refund all the money he had advanced to them, and 
 pay the master besides half what he had promised them; but if the pilot 
 declares first he is dubious, and cannot depend on his knowledge, that he 
 is out of the way, and does not very well understand his business; if it 
 is when he is outward bound, he shall be paid half what was promised 
 him; if homeward bound, all. (Compare Act, June 7, 1872, Sec. 65, p. 53.) 
 
 If the master finds that any officer or seaman aboard his ship has 
 any infectious distemper that is dangerous, he may put him ashore at 
 the first place he comes to, without paying him anything; but then he 
 must prove it by two or three witnesses. He may also turn away any 
 thieving mariner, or any quarrelsome or factious fellow; but as to the 
 latter, he should have a little patience, to see if he can be brought to 
 reason. Vide the Hanseatics, Art. 29, and the laws of Wisbuy, Art. 25. 
 
 OBLIG-VTIONS OF MARINERS. 
 
 Art V. If a vessel departing from one port, laden or empty, arrives 
 at another, the mariners shall not leave the ship without the master's 
 consent- if they do. and by that means she happens to be lost or 
 damnified they shall be answerable for the damage; but if the vessel 
 be moored and lying at anchor, with a sufficient number ot men aboard 
 to keep the decks and lading, they may go without the master's consent, 
 if they come back in good time; otherwise they shall be liable to make 
 satisfaction, if they have wherewithal. 
 
 Observation. 
 
 This article relating to seamen, it will not be unacceptable to the 
 reader to observe what other customs and ordinances we have met with 
 
 concerning them. <• ,, r^ ..u- »u .i i <. 
 
 Mariners are obliged to look carefully after everything that relates 
 
XIV THE SEAMAN S CONTRACT. 
 
 to the preservation of the ship and goods, Consolato, Chap. 169, Wisbuy, 
 Art. 47. For which reason, they ought not to go ashore and leave the 
 vessel, without the master or mate's permission: if they do, they are 
 bound to answer all the damages that happen to the ship or merchandise 
 in their absence, Wisbuy, Art. 17. The Emperor Charles V's ordinance 
 in the year 1SS2, Art. 9 and 10, conformable to the Rhodian law, secundo 
 tomo juris Graeco-Romani, num. 20. 
 
 The regulations of the Hanse Towns, Art. 40, ordain, That if any 
 seaman goes ashore without license, and if in his absence the ship happens 
 to be lost for want of hands, the seaman thus absent shall be appre- 
 hended, and kept a year in prison on bread and water; and if anyone 
 should be killed or drowned in his absence, and that be the cause of it, 
 he shall be corporally punished. The same ordinances condemn those 
 mariners that lie out of their ship all night, to pay all the damage that 
 shall happen while they are absent. Those of the Hanse Towns, articles 
 22 and 23, add imprisonment. Some laws forbid them to undress them- 
 selves, and the Hanse Towns, Art. 32, to lie with their wives aboard. 
 The reason is, that they may always be ready to assist their fellows in 
 the discharge of their duty in the preservation of the ship and goods. 
 (Compare Act, June 7, 1872, Sec. SI, p. 110.) 
 
 The obligation of the mariner to the master begins as soon as he 
 is hired and terms are agreed; and ends when the voyage is finished, and 
 they are returned. The obligation of the mariner to the merchant is 
 from the beginning of his charge, and the mariner is obliged to stow and 
 unstow the goods, according as the place they are in is commodious or 
 not, to keep them from damnifying and promote or hinder the ship's 
 trimming; and if by their refusing to do so, the merchandise is damnified 
 or spoilt, they are bound to make the damage good, Wisbuy, Art. 48; 
 Philip II, Art. 19. By the laws of Wisbuy, they are also bound to un- 
 lade some goods with the shovel, and some to hand ashore; for which 
 they are to have no extraordinary allowance; but for letting things- up or 
 down, they are by the same laws to be allowed something extraordinary, 
 that is above their wages. (Compare Act, June 7, 1872, Sec. 65, p. S3.) 
 
 The laws are very severe against those seamen that run away from 
 ships after they are hired. In men of war, desertion is punished with 
 death; in merchantmen, by the Hanseatic laws, or those of the Hanse 
 Towns, they are to be marked in the face with a red hot iron, that they 
 may be known, and be infamous as long~, as they live. If the mariner 
 runs away before the voyage, when he is taken, he ought to refund half 
 as much as the master was to have paid him for the whole voyage. If 
 he hires himself to two masters, the first may demand him, and by the 
 Hanseatic law. Art. I, he is not bound to pay him any wages. (Compare 
 Acts, July 20, 1790, Sec. 7, J.uly 20, 1840, .Sec. 17, and June 7, 1872, Sec. 56, 
 pp. llS-116.) 
 
 Provision is made for such seamen as run away, only because the 
 master has used them ill. By the same laws, if any master entices away 
 a mariner hired before by another, the last master shall forfeit to the 
 first 25 livres, and the mariner, half the wages he was to have had of 
 the master that so enticed him. That master who knowingly hires a mar- 
 iner who was hired before, shall pay double the wages he was to pay the 
 mariner and the latter be bound to follow and serve the first master 
 (Compare Act, Dec. 21, 1898, Sec. 18, p. 100.) 
 
 OFFENSES AND PUNISHMENTS. 
 
 Art. VI. If any of the mariners hired by the master of any vessel 
 go out of the ship without his leave, and get themselves drunk and 
 thereby there happens contempt to their master, debates, or fighting and 
 quarreling amongst themselves, whereby some happen to be wounded" 
 in this case the master shall not be obliged to get them cured, or in any' 
 thing to provide for them, but may turn them and their accomplices out 
 of the ship; and if they make words of it, they are bound to pay the 
 master besides; but if by the master's orders and commands any of the 
 ship's company be in the service of the ship, and thereby happen to be 
 
THE SEAMAN S CONTRACT. XV 
 
 wounded or otherwise hurt, in that case they shall be cured and provided 
 for at the costs and charges of the said ship. 
 
 Observation. 
 
 By the laws of Wisbuy, Art. 18, those mariners that are mutinous and 
 quarrelsome, are obliged to refund all they have received, and pay besides 
 what the master is forced to give to others whom he hires in their 
 places above the wages he was to give them. 
 
 The laws of Charles V, Art. 23, and seq., ordain certain punishments, 
 according to the heinousness of the offenses and crimes committed by 
 seamen. If the mariners are wounded, or anywise hurt in serving the 
 master of the ship, they shall be cured, taken care of, and indemnified at 
 the charge of the ship, Wisbuy, Art. 18; Hanseatic, Art. 39; Charles V, 
 Arts. 11 and 28; Philip II, Art. 16. If mariners are taken by corsairs in 
 his, and his ship's service, the master is bound to redeem them, and be- 
 sides that, to pay them their wages, during their captivity, as much as if 
 they had all that time been in his service. This law is in the Consulate, 
 Chap. 182. If in defending himself, or fighting against an enemy or cor- 
 sairs, a mariner is maimed, or disabled to serve on board a ship for the 
 rest of his life, besides the charge of his cure, he shall be maintained as 
 long as he lives at the cost of the ship and cargo. Vide the Hanseatic 
 law. Art. 35. (Compare Act, June 7, 1872, Sees. 51-54, pp. 110-118. Also 
 the Brig "Hope," 1 Peters' Ad. Rep. 138, and "Osceola" case, U. S. Su- 
 preme Court (1903), Rep. 187-190.) 
 
 Art. XII. A master, having hired his mariners, ought to keep the 
 peace betwixt them, and to be as their judge at sea; so that if there be 
 any of them that gives another the lie, whilst they have wine and bread 
 on the table, he ought to pay four deniers; and if the master himself 
 give any the lie, he ought to pay eight deniers; and if any of the mariners 
 impudently contradict the master, he also ought to pay eight deniers; 
 and if the master strike any of the mariners, he ought to bear with the 
 first stroke, be it with the fist or open hand; but if the master strikes him 
 more than one blow, the mariner may defend himself; but if the said 
 mariner doth first assault the master, he ought to pay five sols, or lose 
 his hand. 
 
 Observation. 
 
 This law restrains the correction of the master to one blow with his 
 fist, which the mariner ought to bear, and no more. The Consulate, 
 Chap. 16, explains how far the mariner is bound to suffer his master's 
 assaulting him, in these terms: "The mariner is obliged to obey his mas- 
 ter though he should call him ill names, and is enraged against him, he 
 ought to keep out of his sight, or hide himself in the prow of the ship; 
 if the master follows him, he ought to fly to some other place from him; 
 and if he still follows him, then the mariner may stand upon his defence, 
 demanding witnesses how he was pursued by the master; for the master 
 ought not to pass into the prow after him." 
 
 The 24th article of the laws of Wisbuy punished the giving the lie. 
 The same article is very severe against the mariner that strikes the mas- 
 ter The mariner that strikes, or lifts up arms against his master, was 
 to lose half his hand in a very painful way. If the mariner has com- 
 mitted a crime too great for the master's authority to punish then the 
 master and his officers ought to seize the criminal, put him in irons, and 
 brine him to justice at his return. (Compare Acts, April 30, 1790, Sec. 8, 
 MTrch 3, 1835, Sec. 3, and Sept. 28, 1850, Sec. 1, pp 134, 148, 149.) 
 
 Art XIII If a difference happens between the master of a ship and 
 one of his mariners, the master ought to deny him his mess thrice, ere 
 he turn him out of the ship, or discharge him thereof: but if the said 
 mariner offer, in the presence of the rest of the manners, to make the 
 master satisfaction, and the master be resolved to accept of no satisfac- 
 tion from him, but to put him out of the ship; in such case the said mar- 
 
XVI THE SEAMAN S CONTRACT. 
 
 iner may follow the said vessel to her port of discharge, and ought to 
 have as good hire or wages, as if he had corrie in the ship, or as if h"^ 
 had made satisfaction for his fault in the sight and presence of the ship s 
 company; and if the master take not another mariner into the ship in his 
 stead, as able as the other, and the ship or lading happens thereby to be, 
 through any misfortune, damnified, the master shall be obliged to make 
 good the same, if he hath wherewithal. 
 
 Observation. 
 
 To deny him his mess, is, in the original, oter la touaille, an old 
 Gascon phrase, which signifies to deny him the table-cloth or victuals for 
 three meals; by which is understood a day and a half. The Wisbuy 
 law. Art. 25, provides for the master's making satisfaction for the dam- 
 ages that may happen through the want of the mariner he turns off. 
 And the laws of the Hanse Towns, Article 21, require the master not to 
 give the seamen any cause to mutiny; not to provoke them, call them 
 names, wrong them, nor keep anything from them that is theirs; but to 
 use them well, and pay them honestly what is their due. Some French 
 Jaws ordain, that no mariner should be admitted under 18 years,- nor above 
 50. The choice of the crew is entirely in the master; the reason is, that 
 he ought to be himself very well assured of his seamen's ability, and not 
 take it upon trust by report of others. (Compare Act, Dec. 21, 1898, Sec. 
 19, p. 111.) 
 
 MAINTENANCE AND WAGES DURING SICKNESS. 
 
 Art. VII. If it happens that sickness seizes on any one of the mar- 
 iners, while in the service of the ship, the master ought to set him ashore, 
 to provide lodging and candlelight for him, and also to spare him one of 
 the ship-boys, or hire a woman to attend him, and likewise to aflford him 
 such diet as is usual in the ship, so much as he had on shipboard in his 
 health, and nothing more, unless it please the master to allow it him; 
 and if he will have better diet, the master shall not be bound to provide 
 it for him, unless it be at the mariner's own cost and charges; and if the 
 vessel be ready for her departure, she ought riot to stay for the said sick 
 party — but if he recover, he ought to have his full wages, deducting only 
 such charges as the master has been at for him. And if he dies his wife 
 or next of kin shall have it. 
 
 Observation. 
 
 The 19th article of the laws of Wisbuy, the 45th of the Hanseatic 
 law, the 27th of Charles V, and the 16th of Philip II, whicli he compiled 
 for the Low Countries, were all founded upon this law of Oleron, in what 
 relates to a sick mariner, and agree exactly with it, both if he recovers 
 his health, or dies in the voyage. The Spaniards have another custom in 
 the West India voyages; for in case a mariner falls sick, he must substi- 
 tute another in his place, otherwise he loses all his wages for the time in 
 which he could not work. By the Hanseatic law. Art. 45, if a mariner 
 is detained ashore by sickness, the voyage ought not to be retarded on 
 his account. By Charles V's ordinances, if the mariner dies as he is out- 
 ward bound, his wife and heirs shall receive half his pav; if as he is 
 homeward bound, they shall have all, deducting the charge of his funeral 
 if there has been any. In ships of war the custom in some places has 
 been more favorable to sailors; for we find in a treatise written by Francis 
 Pyrard de Laval, entitled, "Advis pour aller aux Indies Orientales " that 
 if a man died the first day of the voyage, his heirs were to be paid as 
 much as if he had completed it. (Compare "Osceola" case U S Siinrpme. 
 Court (1903) Rep. 187-190.) ' ' ^' -"-^V-^^m^ 
 
 SCALE OF PROVISIONS. 
 
 Art. XVII. The mariners of Brittany ought to have but one meal 
 day from the kitchen, because they have beverage going and coniino- 
 But those of Normandy are to have two meals a day, because they ha\^e 
 
THE SEAMAN S CONTRACT. xvii 
 
 only water at the ship's allowance; and when the ship arrives in a wine 
 country, there the master shall procure them wine to drink. 
 
 Observation. 
 
 The custom of giving every man a certain allowance is very ancient, 
 and to prevent jealousies, complaints and disorders, that allowance is 
 settled at so much a head, and exactly delivered out to all alike. As to 
 the allowance of wine and meals by this article, the 29th of the ordinances 
 of Wisbuy agrees with it. In those voyages where wine is to be had, 
 the master is bound to provide it for the mariners, and then they shall 
 have but one meal a day. But when they drink water only, they shall 
 have two meals. Charles V, and Philip II's laws ordain, that the master 
 shall order the mariners to have three certain meals a day, and if they 
 would have more meat, they shall only have what was last at their meals, 
 unless upon extraordinary occasions. 
 
 By the S2nd article of the Hanseatic laws, the master of German 
 ships bound for France and Spain, are not to provide victuals for their 
 mariners when they are outward bound; but when they are homev\'ard 
 bound, if the ship is let out to freight and loaden, the masters are obliged 
 to maintain their mariners; if they return light or empty, they are not ob- 
 liged. The Portuguese in their East India voyages, maintain both mar- 
 iners and soldiers outward bound, and allow each a pound and a half of 
 biscuit, 3 pints of wine, and 3 pints of water a day. and 31 pounds of salt 
 fish a month, some dry fish, garlic and onions. But in their homeward 
 bound voyages, they have only biscuits and water to the Cape of Good 
 Hope, and after that they live every man on his own provision. 
 * Facilis decensus ad Indos: 
 
 Sed revocare gradum, veteremque ad ' Orbem, 
 Hoc Opus, hie Labor est . . 
 
 In cases of necessity, when provisions fall short, those that have vic- 
 tuals aboard ought to communicate to those that have not, by the Rhodian 
 law. (Compare Act, July 20, 1790, Sec. 9, p. 68.) 
 
 A comparison between these ancient laws and the Navigation Laws 
 of the present day shows a very close resemblance. The difiference 
 between the ancient and modern statutes consists more in the langtiage 
 in which they are expressed than in their actual meaning. The methods 
 adopted for the enforcement of the laws have been changed, forms 
 of procedure have been modified, the obligations both of the seaman 
 and of those in authority over him have become less onerous, and the 
 penalties of the law have been reduced. But these changes have had 
 their motive in the changing conditions of society itself, in the ad- 
 vancement of those arts that enter into the business of navigation, and 
 in the refinements that have taken place in the relations of mankind. 
 In all that concerns the natural conditions of maritime commerce — that 
 is to say, those conditions which are natural to and inseparable from 
 the conduct of enterprise on the seas — the laws of to-day are in prin- 
 ciple identical with those of the eariiest period. 
 
 By reference to the modern laws cited in parentheses the reader 
 may judge for himself how far the comparison holds good. Points 
 of difference as well as of similarity will be at once noted, but even 
 
 • "Easy descent to India, but to turn steps backward and to the Old World, 
 this task is labor." 
 
XVlll THE SEAMAN S CONTRACT. 
 
 as to these it will be found that the difference is more apparent than 
 real. Freight is no longer the mother of wages, but wages may still 
 be withheld in part until the end of the voyage. Similarly, while sea- 
 men who desert in American ports can no longer be imprisoned and 
 forcibly returned to their vessels, their earnings are still subject to 
 forfeiture, and thus in a manner they are still bound to the vessel. 
 Other points of difference may be noted, and in most instances may 
 be resolved in conformity with the original principles by reference to 
 the changes that have taken place in practical conditions. 
 
 It remains to be noted that as to several important features of the 
 old laws our statutes are silent. Conspicuous among these features is 
 the law concerning the wages and treatment of seamen who fall sick or 
 die during the voyage. The Navigation Laws of the United States 
 contain no provision on this subject. Nevertheless, on this point, as on 
 other features of the earlier sea laws, the rights of the seaman and 
 the responsibilities of the shipmaster and shipowner have been de- 
 termined by our admiralty courts as being included in the maritinie 
 law, substantially as specified in the old laws. 
 
 Some writers have pointed out what they conceive to be an essential 
 difference between the older maritime laws which had their origin in 
 the countries of the Mediterranean, as compared with those of a later 
 period adopted by the nations of the northern seas. Thus, it has been 
 said that the law of the South treated the seaman, at the time of en- 
 gagement, as a slave, while that of the North treated him as a free- 
 man. It appears, however, that in both cases the relations between 
 shipmaster and seaman, after "clasping hands'" were the same; tliey 
 were mutually responsible to each other and jointly responsible to the 
 ship and her freight. This, it would seem, is the essence of the sea- 
 man's contract. The engagement . between seaman and shipmaster, 
 once made, is binding for the period of the voyage. It can not be 
 terminated except by mutual consent. If broken by either party die 
 party at fault must pay to the other the full amount of benefits ac- 
 cruing to him under the contract, precisely as though the contract had 
 been fully carried out. The success of maritime enterprise depends 
 largely upon adherence to this principle. 
 
 The first Act of Congress relating to seamen, passed July 20, 1790, 
 was modeled upon, and in some respects identical with an Act of the 
 British Parliament passed in 1729. Successive measures passed by 
 Congress during a period of many years were drawn upon the same 
 model, although in most instances considerably later than the original 
 The Act of June 7, 1872, which embraced almost the whole law on the 
 subject of seamen, was in inany of its provisions a literal reproduction 
 of the British law enacted in 1854. It is to be remarked that the 
 .American law differs from its prototype chiefly in the greater severity 
 
THE SEAMAN S CONTRACT. XIX 
 
 of the penalties for certain offenses. Further, it appears that under 
 the earher laws of other countries many of the penalties imposed upon 
 seamen for infractions of discipline were made contingent upon loss 
 cr damage resulting to the vessel by reason of the seaman's mis- 
 conduct. Under the modern laws the penalties are imposed without 
 reference to whether or not any loss or damage has been caused. 
 
 The British law of 1880 repealed the provision for imprisonment of 
 deserting seamen and retained only a provision under which deserters 
 might be arrested and conveyed on board their vessels. This law was 
 altered in 1894 so as to permit the imprisonment of deserters, "except 
 in cases arising in the United Kingdom." Although the American law 
 of 1790 contained no provision for the imprisonment of deserters, that 
 section of the Act of 1872 which practically re-enacted the former 
 measure contained in addition a provision for imprisonment. The law 
 in this respect remained unchanged until 1895, at which time the 
 penalty of imprisonment for desertion was made not applicable to sea- 
 men in the coastwise trade. It is to be noted, however, that the 
 penalty of imprisonment for desertion in a domestic port was still 
 imposed upon seamen who at the time of desertion were engaged 
 on a foreign voyage, and so continued until by the Act of December 
 21, 1898, the imposition of that penalty was limited to the offense 
 of desertion in a "foreign port in the foreign trade." Thus it appears 
 that, whereas under the British law imprisonment for desertion was 
 abolished in 1880, and so continues in the ports of the United King- 
 dom, that penalty remained on the statutes of the United States for 
 a subsequent period of eighteen years — that is, until 1898. By the 
 Act of ^larch 4, 1915, the penalty of imprisonment for desertion was 
 entirely aboHshed. In this respect the laws of the United States are 
 now in advance of those of all other countries. 
 
 The laws relating to seamen have from the earliest times down to 
 the present day been chiefly distinguished by a single characteristic, 
 namely, the obligation which binds the seaman to his ship during the 
 period of the voyage for which he has been engaged. This feature has 
 formed the groundwork of the whole structure, both as regards the 
 riohts and duties of the seaman and the responsibilities of the ship- 
 master and shipowner. As already noted, this feature of our Naviga- 
 tion Laws was originally adopted along with other leading characteris- 
 tics of the laws long in use by other nations. Although now regarded as 
 an anomaly in our system of personal relations, the feature of in- 
 voluntary or obligatory service during the life of the shipping articles 
 was until quite recently made applicable to American seamen as a 
 necessity inherent in their calling. The first change in the law in this 
 respect was made by the Maguire Act of 1895. The attempt then 
 made to alter the seaman's status from that of a bondman during the 
 
XX THE SEAMAN S CONTRACT. 
 
 period of the voyage to that of a freeman, to the extent at least ot 
 freedom from the penalty of imprisonment for desertion, was immedi- 
 ately challenged by the arrest of certain seamen and their imprison- 
 ment and subsequent delivery on board the vessel from which they 
 had deserted. The issue thus raised was carried to the United States 
 Supreme Court. The judgment of the Court in the "Arago" case (No. 
 |834, October term, 1896), rendered on January 25, 1897, marks an 
 epoch in the history of maritime legislation. The reasoning followed in 
 the decision covers a wide field and clearly exemplifies the view upon 
 which all legislation of the kind in question has been based. The 
 principal grounds of the Supreme Court's decision are as follows : 
 
 "The prohibition of slavery, in the Thirteenth Amendment, is v/ell 
 known to have been adopted with reference to a state of affairs which had 
 existed in certain States of the Union since the foundation of the Govern- 
 ment, while the addition of the words 'involuntary servitude' were said 
 in the Slaughter-house cases (16 Wall, 36), to have been intended to 
 cover the system of Mexican peonage and the Chinese coolie trade, the 
 practical operation of which might have been a revival of the institution 
 of slavery under a different and less offensive name. It is clear,- however, 
 that the amendment was not intended to introduce any novel doctrine with 
 respect to certain descriptions of service which hive always been treated 
 as exceptional; such as military and naval enlistments, or to disturb the 
 right of parents and guardians to the custody of their minor children or 
 wards. The amendment, however, makes no distinction between a public 
 and a private, service. To say that persons engaged in a public service are 
 not within the amendment is to admit that there are exceptions to its 
 general language, and the further question is at once presented. Where 
 shall the line be drawn? We know of no better answer to make than to 
 say that services which have from time immemorial been treated as ex- 
 ceptional shall not be regarded as within its purview. 
 
 "From the earliest historical period the contract of the sailor has 
 been treated as an exceptional one, and involving, to a certain extent, the 
 surrender of his personal liberty during the life of the contract. Indeed, 
 the business of navigation could scarcely be carried on without some 
 guaranty, beyond the ordinary civil remedies upon contract, that the 
 sailor will not desert the ship at a critical moment, or leave her at some 
 place where seamen are impossible to be obtained — as Molloy forcibly 
 expresses it, to 'rot in her neglected brine.' Such desertion might involve a 
 long delay of the vessel while the master is seeking another crew, an 
 abandonment of the voyage, and, in some cases, the safety of the ship 
 itself. Hence, the laws of nearly all maritime nations have made pro- 
 vision for securing the personal attendance of the crew on board, and for 
 their criminal punishment for desertion, or absence without leave durino- 
 the life of the shipping articles. 
 
 "Even by the maritime law of the ancient Rhodians, which is supposed 
 to antedate the birth of Christ by about nine hundred years, accordino' to 
 Pardessus (Lois Maritime, Vol. I, page 250), if the master or the saflors 
 absented themselves by night, and the ve.=sel were lost or damaged", they 
 were bound to respond in the amount of the loss. 
 
 "In the compilation of maritime laws known as the Consulate of the 
 Sea, it was also provided that a sailor should not go ashore without per- 
 mission, upon the penalty of being obliged to pay any damage occasioned 
 by his absence, and, in default of his being able to respond, of beine 
 thrust in prison until he had paid all such damage (Chaps. 121 P4- '? 
 Pardessus, 146, 147, 148). ' ~ ' ~ 
 
 "A like provision is found in the Rules of Oleron, promulgated in the 
 reign of Henry III, by which (Art. V) the seamen were forbidden to 
 leave the ship without the master's consent. 'If they do and by that 
 means she happens to be lost or damnified, they shall be answerable for all 
 
THE SEAMAX S CONTRACT. XXI 
 
 the damage' (I Pet. Adm'y, XI). A similar prohibition is found in article 
 seventeen of the Laws of Wisby (I Pet. Ad., LXXIII). 
 
 "The provision of Rev. Stat., sec. 4598, under which these proceedings 
 were taken, was first enacted by Congress in 1790 (1 Stat., 131, sec. 7). 
 This act provided for the apprehension of deserters and their delivery on 
 board the vessel, but apparently made no provision for imprisonment as a 
 punishment for desertion: but by the Shipping Commissioner's Act of 
 1872 (17 Stat., 273, sec. 51), now incorporated into the Revised Statutes 
 as section 4596, the court is authorized to add to forfeiture of wages for 
 desertion imprisonment for a period of not more than three months, and 
 for absence without leave imprisonment for not more than one month. In 
 this act and the amendments thereto very careful provisions are made for 
 the protection of seamen against the frauds and cruelty of masters, the 
 devices of boarding-house keepers, and, as far as possible, against the 
 consequences of their own ignorance and improvidence. At tlie same time, 
 discipline is more stringently enforced by additional punishments for de- 
 sertion, absence without leave, disobedience, insubordination, and barratry. 
 Indeed, seamen are treated by Congress, as well as by the Parliament 
 of Great Britain, as deficient in that full and intelligent responsibility for 
 their acts which is accredited to ordinary adults, and as needing the pro- 
 tection of the law in the same sense which minors and wards are entitled to 
 the protection of their parents and guardians — 'quemadmodum pater in filios, 
 magister in discipulos, dominus in servos vel familiares.' The ancient char- 
 acterization of seamen as 'wards of admiralty' is even more accurate now 
 than it was formerly. 
 
 "In face of this legislation upon the subject of desertion and ab- 
 sence without leave, which was in force in this country for more than 
 sixty years before the Thirteenth Amendment was adopted and similar 
 legislation abroad from time immemorial, it can not be open to doubt that 
 the provision against involuntary servitude was never intended to apply to 
 their contracts. 
 
 "The judgment of the court below is therefore affirmed. 
 
 "Mr. Justice Gray was not present at the argument, and took no part 
 in the decision of this case." 
 
 A dissenting opinion was rendered by Mr. Justice Harlan. In that 
 
 opinion the anomalous state of the law, as defined in the opinion of 
 
 the Court, is clearly set forth. The principal features of the dissenting 
 
 opinion are as follows : 
 
 "The Thirteenth Amendment of the Constitution of the United States 
 declares that 'neither slavery nor involuntary servitude, except as a punish- 
 ment for crime, whereof the party shall have been duly convicted, shall exist 
 within the United States, or any place subject to their jurisdiction.' 
 
 "Slavery exists wherever the law recognizes a right of property in a 
 human being; but slavery can not exist in any form within the United 
 States The Thirteenth Amendment uprooted slavery as it once existed in 
 this country, and destroyed all of its badges and incidents. It established 
 freedom for all. 'By its own unaided force and effect it abolished slavery and 
 establi-ihed freedom.' The amendment, this court has also said, is not a 
 mere prohibition of Slate laws establishing or upholding slavery or m- 
 voluntary servitude, but an absolute declaration that slavery or involuntary 
 servitude shall not exist in any part of the United States' (Civd Rights 
 Cases, 109 U. S., 1, 20). * * * ^ • , k , 
 
 "It is said that the statute in question is sanctioned by long usage 
 among the nations of the earth, as well as by the above Act of July 20, 
 
 1790 
 
 "In considering the antiquity of regulations that restrain the personal 
 freedom of seamen, the court refers to the laws of the ancient Rhodians, 
 which are supposed to have antedated the Christian era. But those laws, 
 whatever they 'may have been, were enacted at a time when no account was 
 taken of man as man, when human life and human liberty were regarded as 
 of little value, and when the powers of government were employed to gratify 
 the ambition and the pleasures of despotic rulers rather than promote the 
 welfare of the people. 
 
XXll THE SEAMAN S CONTRACT. 
 
 "Attention has been called by the court to the laws enacted by the 
 towns of the Hanseatic League, four hundred years ago, by one of which 
 a seaman who went ashore without leave could, in certain contingencies, 
 be kept in prison 'upon bread and water for one year,' and by another of 
 which an officer or seaman who quit his ship and concealed himself could 
 be apprehended and 'stigmatized in the face with the first letter of the 
 name of the town to which he belongs.' Why the reference to these en- 
 actments of ancient times enforced by or under governments possessing 
 arbitrary power inconsistent with a state of freedom? Does anyone sup- 
 pose that a regulation of commerce authorizing seamen who quit their 
 ship, without leave, to be imprisoned 'upon bread and water for one 
 year,' or which required them to be 'stigmatized in the face' with the 
 letter of the town or State to which they belonged, would now receive 
 the sanction of any court in the United States? 
 
 "The further suggestion is made that seamen have always been treated 
 by legislation in this country and in England as if they needed the pro- 
 tection of the law in the same sense that minors and wards need the 
 protection of parents and guardians, and hence have been often described 
 as 'wards of admiralty.' Some writers say that seamen are in need of the 
 protection of the courts, 'because peculiarly exposed to the wiles of 
 sharpers and unable to take care of themselves' (1 Parson's Shipp. and 
 Adm., 32). Mr. Justice Story, in Harden v. Gordon (Mason, 541, 555), said 
 that 'every court should watch with jealousy any encroachment upon the 
 ''°;hts of seamen, because they are unprotected and need counsel; be- 
 cause they are thoughtless and require indulgence; because they are 
 credulous and complying, and are easily overreached.' Mr. Justice Thomp- 
 son, in the Brig Cadmus v. Matthews (2 Paine, 229, 240), said: 'In con- 
 sidering the obligations of seamen, arising out of their contract in 
 shipping articles', according to the formula in common use, due weight 
 ought to be given to the character and situation of this class of men. 
 Generally ignorant and improvident, and probably very often signing the 
 shipping articles without knowing what they contain, it is the duty of 
 the court to watch over and protect their rights, and apply very liberal 
 and equitable considerations to the enforcement of their contracts.' 
 
 "In view of these principles, I am unable to understand how the 
 necessity for the protection of seamen against those who take advantage 
 of them can be made the basis of legislation compelling them, against their 
 ivill, and by force, to render personal service for others engaged in private 
 business. Their supposed helpless condition is thus made the excuse for 
 imposing upon them burdens that could not be imposed upon other classes 
 without depriving them of rights that inhere in personal freedom. The 
 Constitution furnishes no authority for any such distinction between classes 
 of persons in this country. If prior to the adoption of the Thirteenth 
 Amendment the arrest of a seaman and his forcible return under any 
 circumstances to the vessel on which he had engaged to serve could have 
 been authorized by an Act of Congress, such deprivation of the liberty of 
 a freeman can not be justified under the Constitution as it now is. To 
 give any other construction to the Constitution is to say that it is not 
 made for all, and that all men in this land are not free and equal before 
 the law, but that one class may be so far subjected to involuntary servi- 
 tude as to be compelled by force to render personal services in a purely 
 private business with which the public has no concern whatever. 
 
 "It seems to me that the Thirteenth Amendment, although tolerating 
 involuntary servitude only when imposed as a punishment for crime, of 
 which the party shall have been duly convicted, has been construed by the 
 decision just rendered as if it contained an additional clause expressly 
 excepting from its operation seamen who engage to serve on private 
 vessels. Under this view of the Constitution we may now look for 
 advertisements, not for runaway servants, as in the days of slavery but 
 for runaway seamen. In former days overseers could stand with 'whip 
 in hand over slaves and force them to perform personal service for their 
 masters. While with the assent of all that condition of things has ceased 
 to exist, we can but be reminded of the past when it is adjudged to be 
 consistent with the law of the land for freemen who happen to be seamen 
 to be held in custody that they may be forced to go aboard private 
 vessels and render personal services against their will. 
 
THE SEAMAN S CONTRACT. XXlil 
 
 • -1 "■^", ™y judgment the holding: of any person in custody, whether in 
 jail or by an officer of the law, against his will, for the purpose of com- 
 pelling him to render personal service to another in a private business, 
 places the person so held in custody in a condition of involuntary servitude 
 forbidden by the Constitution of the United States; consequently, that 
 the statute as it now is, and under which the appellants were arrested at 
 Astoria and placed against their will on the barkentine Arago, is null 
 and void, and their refusal to work on such vessel after being forcibly re- 
 turned to it could not be made a public offense authorizing their subse- 
 quent arrest at San Francisco. 
 
 "I dissent from the opinion and judgment of the court." 
 
 These views of the Supreme Court are instructive as a complete 
 presentation of the law in its general bearing upon the seaman. In 
 the majority opinion the old law as it had existed for centuries is 
 enunciated without the slightest modification or suggestion of change. 
 In the dissenting opinion a new conception — new at least in the annals 
 of maritime jurisprudence — is voiced, and, as it seems, in terms that 
 challenge all the old institutions. 
 
 It is significant that within two years certain of the statutes upon which 
 the Court's judgment was based were materially amended and others 
 were repealed. The change thus made was followed by other steps in 
 the same direction, resulting finally in the entire abolition of the 
 system of involuntary servitude among American seamen in all ports 
 and among the seamen of all nations in American ports. 
 
 The letter of the old law has been changed ; the hardships incidental 
 to the operation of the old law have been removed. But the essential 
 features of the seaman's contract — those provisions of the law that are 
 essential to the safety and success of commerce on the seas — remain 
 embodied in the law of to-day. The principle of the seaman's contract, 
 the principle of mutual rights and responsibilities and of inseparable 
 relations between the seaman and shipmaster during the period of the 
 voyage, continues in full force. 
 
PART ONE 
 
 NATURALIZATION OF SEAMEN. 
 
 (See also "Licensed Officers" and "Manning Scale.") 
 
 R. S. 2174. 
 June 7. 1872 (Sec. 29), S. L. 17, p. 268. 
 
 NATUR.\LIZATIOX AFTER THREE YEARS* SERVICE. 
 
 Every seaman, being a foreigner, who declares his intention of be- 
 coming a citizen of the United States in any competent court, and 
 shall have served three years on board of a merchant vessel of the 
 United States subsequent to the date of such declaration, may, on 
 his application to any competent court, and the production of his cer- 
 tificate of discharge and good conduct during that time, together with 
 the certificate of his declaration of intention to become a citizen, be 
 admitted a citizen of the United States ; and every seaman, being a 
 foreigner, shall, after his declaration of intention to become a citizen 
 of the United States, and after he shall have served- such three years, 
 be deemed a citizen of the United States for the purpose of manning 
 and serving on board an}' merchant vessel of the United States, any- 
 thing to the contrary in any act of Congress notwithstanding: but 
 such seaman shall, for all purposes of protection as an American citi- 
 zen, be deemed such, after the filing of his declaration of intention to 
 become such citizen. 
 
 =:^MAY 9, 1918 (SEC. 1). 
 S. L. 40, p. 543. 
 
 That section four of an Act entitled "An Act to estabUsh a Bureau 
 of Immigration and Naturalization and to provide a uniform rule for 
 the naturalization of aliens throughout the United States," approved 
 June twenty-ninth, nineteen hundred and six, be, and is hereby, 
 amended by adding seven new subdivisions as follows : 
 
 "Seventh. . . . Any alien . . who has served for three 
 
 years on board of any vessel of the United States Government, or 
 for three years on board of merchant or fishing vessels of the United 
 States of more than twenty tons burden, and while in the service on 
 a re-enlistment or re-appointment, or within six months after an hon- 
 orable discharge or separation therefrom . . may, on presenta- 
 tion of the required declaration of intention, petition for naturalization 
 without proof of the required five years' residence within the United 
 
b THE SEAMAN S CONTRACT. 
 
 States if upon examination by the representative of the Bureau of 
 Naturalization, in accordance with the requirements of this subdivision 
 it is shown that such residence can not be established ; . . . and, except 
 as otherwise herein provided, the honorable discharge certificate of 
 such alien, or person owing permanent allegiance to the United States, 
 or the certificate of service showing good conduct, signed by a duly 
 authorized officer, or by the masters of said vessels, shall be deemed 
 prima facie evidence to satisfy all the requirements of residence within 
 the United States and within the State, Territory, or the District of 
 Columbia, and good moral character required by law, when supported 
 by the affidavits of two witnesses, citizens of the United States, iden- 
 tifying the applicant as the person named in the certificate or honor- 
 able discharge. 
 
 "... Provided further, That service by aliens upon vessels other 
 than of American registry, whether continuous or broken, shall not 
 be considered as residence for naturalization purposes within the juris- 
 diction of the United States, and such aliens can not secure residence 
 for naturalization purposes during service upon vessels of foreign 
 registry. . . . 
 
 *"Eighth. That every seaman, being an alien, shall, after his dec- 
 laration of intention to become a citizen of the United States, and 
 after he shall have served three years upon such merchant or fishing 
 vessels of the United States, be deemed a citizen of the United States 
 for the purpose of serving on board any such merchant or fishing 
 vessel of the United States, anything to the contrary in any Act of 
 Congress notwithstanding; but such seaman shall, for all purposes of 
 protection as an American citizen, be deemed such after the filing of 
 his declaration of intention to become such citizen; Provided, That 
 nothing contained in this Act shall be taken or construed to repeal or 
 modify any portion of the Act approved March fourth, nineteen hun- 
 dred and fifteen . . ., being an Act to pfomote the welfare of 
 American seamen." 
 
 * Repeals R. S. 2174. 
 
 *R. S. 4588. 
 May 28, 1796 (Sec. 4), S. L. 1, p. 477 
 
 CERTIFICATE OF CITIZENSHIP. 
 
 The collector of every district shall keep a book or books, in which, 
 at the request of any seaman, being a citizen of the United States of 
 America, and producing proof of his citizenship, authenticated in the 
 manner hereinafter directed, he shall enter the name of such seaman 
 and shall deliver to him a certificate, in the following form, that is 
 
THE seaman's contract. 7 
 
 to say : "'I, A. B,, collector of the district of D., do hereby certify, 
 
 that E. F., an American seaman, aged years, or thereabouts, 
 
 of the height of feet inches (describing the said seaman 
 
 as particularly as may be), has, this day, produced to me proof in the 
 manner directed by law ; and I do hereby certify that the said E. F. 
 is a citizen of the United States of America. In witness whereof, I 
 
 have hereunto set my hand and seal of office, this day of 
 
 ."" It shall be the duty of the collectors to file and preserve the 
 
 proofs of citizenship so produced. *For each certificate so delivered, 
 the collectors shall be entitled to receive from the seaman applying for 
 the same the sum of twenty-five cents. 
 
 Fees abolished by Act, June 19, 1886. 
 
 *R. S. 4591. 
 May 28, 1796 (Sec. 7), S. L. 1, p. 477. 
 
 LIST OF CERTIFICATES OF CITIZENSHIP. 
 
 The collector of every port of entry in the United States shall send 
 a list of the seamen to whom certificates of citizenship have been 
 granted, once every three months, to the Secretary of State, together 
 with an account of such impressments or detentions, as shall appear, 
 by the protests of the masters, to have taken place. 
 
 LICENSED OFFICERS. 
 
 (See also "Manning Scale.") 
 
 R. S. 4131. 
 Dec. 31, 1792 (Sec. 1), S. L. 1, p. 287. 
 
 VESSELS SHALL BE COMMANDED BY CITIZEN. 
 
 Vessels registered pursuant to law, and no others, except such as 
 shall be duly qualified, according to law, for carrying on the coasting 
 trade and fisheries, or one of them, shall be deemed vessels of the 
 United States, and entitled to the benefits and privileges appertaining to 
 such vessels; but they shall not enjoy the same longer than they shall 
 continue to be wholly owned by citizens and to be commanded by a 
 citizen of the United States. 
 
 JUNE 26, 1884 (SEC. 1). 
 S. L. 23, p. 53 (R. S. 4131). 
 
 OFFICERS SI-IALL IN ALL CASES BE CITIZENS. 
 
 All the officers of vessels of the United States shall be citizens of 
 the United States, except that in cases where, on a foreign voyage, or 
 
5 THE SEAMAN S CONTRACT. 
 
 on a voyage from an Atlantic to a Pacific port of the United States, 
 any such vessel is for any reason deprived of the services of an officer 
 below the grade of master, his place, or a vacancy caused by the pro- 
 motion of another officer to such place, may be supplied by a person 
 not a citizen of the United States until the first return of such vessel 
 to its home port; and such vessel shall not be liable to any penalty or 
 penal tax for such employment of an alien officer. 
 
 NOTE— Omitted, Act, April 17, 1874. See p. 170. 
 
 *MAY 28, 1896. 
 S. L. 29, p. 188 (R. S. 4131). 
 
 Vessels registered pursuant to law and no others, except such . as 
 shall be duly qualified according to law for carrying on the coast- 
 ing or fishing trade, shall be deemed vessels of the United States, 
 and entitled to the benefits and privileges appertaining to such vessels ; 
 but no such vessel shall enjoy such benefits and privileges longer than 
 it shall continue to be wholly owned by a citizen or citizens of the 
 United States or a corporation created under the laws of any of the 
 States thereof, and be commanded by a citizen of the, United States. 
 
 And all the officers of vessels of the United States who shall have 
 charge of a watch, including pilots, shall in all cases be citizens of the 
 United States. 
 
 The word "officers" shall include the chief engineer and each assist- 
 ant engineer in charge of a watch on vessels propelled wholly or in 
 part by steam ; and after the first day of January, eighteen hundred 
 and ninety-seven, no person shall be qualified to hold a license as a 
 commander or watch officer of a merchant vessel of the United States 
 who is not a native-born citizen, or whose naturalization as a citizen 
 shall not have been fully completed. 
 
 Sec. 2. That all licenses issued to such officers shall be for a term 
 of five years, but the holder of a license may have the same renewed 
 for another five years at any time before its expiration : 
 
 Provided, hozvever, That any officer holding a license, and who is 
 engaged in a service which necessitates his continuous absence from 
 the United States, may make application in writing for one renewal 
 and transmit the same to the board of local inspectors with a statement 
 of the applicant verified before a consul, or other officer of the United 
 States authorized to administer an oath, setting forth the reasons for 
 not appearing in person ; and upon receiving the same the board of 
 local inspectors that originally issued such license shall renew the same 
 for oije additional term of such license, and shall notify the applicant 
 of such renewal. 
 
 And in all cases where the issue is the suspension or revocation of 
 such licenses, whether before the local boards of inspectors as provided 
 
THE seaman's contract. [) 
 
 for in section forty-four hundred and fifty of the Revised Statutes, or 
 before the supervising inspector as provided for in section forty-four 
 hundred and fifty-two of the Revised Statutes, the accused shall be 
 allowed to appear by counsel and to testify in his own behalf. No 
 master, mate, pilot, or engineer of steam vessels licensed under title 
 fifty-two of the Revised Statutes shall be liable to draft in time of 
 war, except for the performance of duties such as required by his 
 license ; and, while performing such duties in the service of the United 
 States, every such master, mate, pilot, or engineer shall be entitled to 
 the highest rate of wages paid in the merchant marine of the United 
 States for similar services ; and, if killed or wounded while performing, 
 such duties under the United States, they, or their heirs, or their legal 
 representatives shall be entitled to all the privileges accorded to soldiers 
 and sailors serving in the Army and Navy, under the pension ,laws of 
 the United States. 
 
 Sec. 3. That all laws or parts of laws in conflict with this- Act are 
 hereby repealed. 
 
 But this shall not be construed to modify or repeal that provision of 
 the Act of June twenty-sixth, eighteen hundred and eighty-four, which 
 reads as follows : 
 
 In cases where on a foreign voyage, or on a voyage from an Atlantic 
 to a Pacific port of the United States, any such vessel is for any reason 
 deprived of the services of an officer below the grade of master, his 
 place, or a vacancy caused by the promotion of another officer to such 
 place, mav be suppHed by a person not a citizen of the United States 
 until the first return of such vessel to its home port ; and such vessel 
 shall not be liable to any penalty or penal tax for such employment of 
 an alien officer. 
 
 *OCT. 22, 1914 (SEC. 2). 
 S. L. 38, p. 765 (R. S. 4131). 
 
 Sec. 2. Tljat all licenses issued to such officers shall be for a term 
 of five vears, but the holder of a license may have the same renewed 
 for another five years in the manner prescribed in the rules and regu- 
 lations of the Board of Supervising Inspectors : Provided, however. 
 That iny officer holding a license, and who is engaged in a service 
 which necessitates his continuous absence from the United States, may 
 make application in writing for renewal and transmit the same to the 
 board of local inspectors, with his certificate of citizenship, if nat- 
 uralized, and a statement of the applicant, verified before a consul or 
 other officer of the United States authorized to administer an oath, 
 , setting forth the reasons for not appearing in person; and upon re- 
 
10 THE seaman's contract. 
 
 ceiving the same the board of local inspectors that originally issued 
 such license shall renew the same and shall notify the applicant of such 
 renewal: Provided further, That no license as master, mate, or pilot 
 of any class of vessel shall be renewed without furnishing a satisfac- 
 tory certificate of examination as to color blindness. And in all cases 
 where the issue is the suspension or revocation of such licenses, 
 whether before the local boards of inspectors (of steam vessels), as 
 provided for in section forty-four hundred and fifty of the Revised 
 Statutes, or before the supervising inspector, as provided for in section 
 forty-four hundred and fifty-two of the Revised Statutes, the accused 
 shall be allowed to appear by counsel and to testify in his own behalf. 
 No master, mate, pilot, or engineer of steam vessels licensed under 
 title fifty-two of the Revised Statutes, pages forty-three hundred and 
 ninety-nine to forty-five hundred, shall be liable to draft in time of 
 war, except for the performance of duties such as required by his 
 license ; and while performing such duties in the service of the United 
 States every such master, mate, pilot, or engineer shall be entitled to 
 the highest rate of wages paid in the merchant marine of the United ~ 
 States for similar services; and if killed or wounded while performing 
 such duties under the United States, they, or their heirs, or their legal 
 representatives, shall be entitled to all the privileges accorded to 
 soldiers and sailors serving in the Army or Navy, under the pension 
 laws of the United States. 
 
 *R. S. 4219. 
 Feb. 27, 1877, S. L. 19, p. 250. 
 
 PENALTY FOR NON-CITTZEN OFFICER. 
 
 . . . Any vessel, any officer of which shall not be a citizen of the 
 United States, shall pay a tax of fifty cents per ton. 
 
 *R. S. 4401. 
 Feb. 28, 1871 (Sec. 51), S. L. 16, p. 455. 
 
 VESSELS NAVIG.ATING COASTWISE AND ON GREAT LAKES. 
 
 All coastwise sea-going vessels, and vessels navigating the "oreat 
 lakes, shall be subject to the navigation laws of the United States 
 when navigating within the jurisdiction thereof; and all vessels, pro- 
 pelled in whole or in part by steam, and navigating as aforesaid, shall 
 be subject to all the rules and regulations established in pursuance of 
 law for the government of steafn-vessels in passing, as provided by 
 this Title; and every coastwise sea-going steam-vessel subject to the 
 navigation laws of the United States, and to the rules and regulations 
 
THE seaman's contract. 11 
 
 aforesaid, not sailing under register, shall, when under way, except 
 on the high seas, be under the control and direction of pilots licensed 
 by the inspectors of steamboats. 
 
 *R. S. 4406. 
 Feb. 28, 1871 (Sec. 24), S. L. 16, p. 449. 
 
 DVTIES OF SI-PERVISING INSPECTORS. 
 
 Each supervising inspector shall watch over all parts of the territory 
 assigned to him, shall visit, confer with, and examine into the doings 
 of the local boards of inspectors within his district, and shall instruct 
 them in the proper performance of their duties ; and shall, whenever 
 he thinks it expedient, visit any vessels licensed, and examine into 
 their condition, for the purpose of ascertaining whether the provisions 
 of this Title have been observed and complied with, both by the board 
 of inspectors and the master and owners. All masters, engineers, 
 mates, and pilots of such vessels shall answer all reasonable inquiries, 
 and shall give all the information in their power in regard to any such 
 vessel so visited, and her machinery for steaming, and the manner of 
 managing both. 
 
 *R. S. 4407. 
 Feb. 28, 1871 (Sec. 25), S. L. 16, p. 449. 
 
 DUTIES OF SUPERVISING INSPECTORS AS TO VIOLATIONS OF L.\W. 
 
 Whenever a supervising inspector ascertains to his satisfaction that 
 any master, mate, engineer, pilot, or owner of any steam-vessel fails 
 to perform his duties according to the provisions of this Title, he shall 
 report the facts in writing to the board of local inspectors ii) the dis- 
 trict where the vessel was inspected or belongs ; and, if need be. he 
 -hall cause the negligent or offending party to be prosecuted : and if 
 the supervising inspector has good reason to believe there has been, 
 through negligence or any other cause, a failure of the board which 
 inspected the vessel to do its duty, he shall report the facts in writing 
 to the Secretary of the ^Treasury : who shall cause immediate investi- 
 gation into the truth of the complaint, and, if he deems the cause 
 sufficient, shall remove any officer found delinquent. 
 
 * "Commerce and Labor" — Feb. 14, 1903, Sec. 10. "Commerce" — ^lar. 4, 
 1913, Sec. 1. 
 
 *R. S. 4413. 
 Feb. 28, 1871 (Sec. 29), S. L. 16,' p. 450. 
 
 PENALTY FOR VIOL.VTION OF REGULATIONS. 
 
 Every pilot, engineer, mate, or master of any steam-vessel who 
 neglects or willfully refuses to observe the regulations established in 
 
12 THE seaman's contract. 
 
 pursuance of the preceding section [rules of the road], shall be liable 
 to a penalty of fifty dollars, and for all damages sustained by any 
 passenger, in his person or baggage, by such neglect or refusal. 
 
 R. S. 4426. 
 Feb. 28, 1871 (Sec. 58), S. L. 16, p. 456. 
 
 FERRY-BOATS, CANAL-BOATS, YACHTS,- ETC. 
 
 The hull and boilers of every ferry-boat, canal-boat, yacht, Or other 
 small craft of like character, propelled by steam, shall be inspected 
 under the provisions of this Title. Such other provisions of law for 
 the better security of life, as may be applicable to such vessels, shall, 
 by the regulations of the board of supervising inspectors, also be re^ 
 quired to be complied with, beforfe a certificate of inspection shall be 
 granted ; and no such vessel shall be navigated without a licensed 
 engineer and a licensed pilot. 
 
 DEC. 22, 1890. 
 S. L. 26, p. 692 (R. S. 4426). 
 
 That section forty-four hundred and twenty-six of the Revised 
 Statutes of the United States be amended by adding the following 
 words.: 
 
 Provided, hoii'ever, That in open steam-launches of ten tons burden 
 and under, one person, if duly qualified, may serve in the double 
 capacity of pilot and engineer. 
 
 JAN. 18, 1897. 
 S. L. 29, p. 489 (R. S. 4426). 
 
 That all vessels of above fifteen tons burden, carrying freight or 
 passengers for hire, propelled by gas, fluid, naphtha, or electric motors, 
 shall be, and are hereby, made subject to all the provisions of section 
 forty-four hundred and twenty-six of the Revised Statutes of the 
 United States, relating to the inspection of hulls and boilers and re- 
 quiring engineers and pilots ; and all vessels so propelled, without 
 regard to tonnage or use, shall be subject to the provisions of section 
 forty-four hundred and twelve of the Revised Statutes of the United 
 States, relating to the regulation of steam vessels in passino- each 
 other; and to so much of sections forty-two hundred and thirty-three 
 and forty-two hundred and thirty-four of the Revised Statutes relatin"" 
 to lights, fog signals, steering, and sailing rules, as the Board of Su- 
 pervising Inspectors shall, by their regulations, deem applicable and 
 practicable for their safe navigation. 
 
THE SEAMAX'S CONTRACT. 13 
 
 *-MAY 16, 1906. 
 S. L. 34, p. 193 (R. S. 4426). ' 
 
 That section forty-four hundred and twenty-six of the Revised 
 Statutes of the United States be, and it is hereby, amended by striking 
 out, after the words "launches of ten," and before the words "and 
 under," the words "tons burden," and inserting in lieu thereof the 
 words "gross tons,'' and by striking out, after the words "above fif- 
 teen," and before the words "carrying freight," the words "tons 
 burden. ' and inserting in Ueu thereof the words "gross tons ;" and also 
 that said section be, and it is hereby, further amended by adding at 
 the end thereof the following: "All vessels of fifteen gross tons or 
 less propelled in whole or in part by gas, gasoline, petroleum, naphtha, 
 fluid, or electricit}-, and carrying passengers for hire, shall carry one 
 life-preserver, of the sort prescribed by the regulations of the board 
 of supervising inspectors, for every passenger carried, and no such 
 boat while so carrying passengers shall be operated or navigated ex- 
 cept in charge of a person duly licensed for such service by the local 
 board of inspectors. Xo examination shall be required as a condition 
 of the obtaining of such a license, and any such license shall be re- 
 voked or suspended by the local board of inspectors for misconduct, 
 gross negligence, recklessness in navigation, intemperance, or violation 
 of law on the part of the holder, and if revoked, the person holding 
 such license shall be incapable of obtaining another such license for 
 one year from the date of revocation," so that said section, when 
 amended, >hall read as follows : 
 
 Sec. -1426. The hull and boilers of ever\' ferry-boat, canal-boat, 
 yacht, or other small craft of like character propelled by steam, shall 
 be inspected under the provisions of this Title. Such other provisions 
 of law for the better security of life as may be applicable to such ves- 
 sels shall, b}' the regulations of the board of supervising inspectors, 
 also be required to be complied with before a certificate of inspection 
 shall be granted, and no such vessel shall be navigated without a 
 licensed engineer and a licensed pilot : Provided, however, That in open 
 steam launches of ten gross tons and under, one person, if duly quali- 
 fied, may serve in the double capacity of pilot and engineer. All ves- 
 sels of above fifteen gross tons carrjnng freight or passengers for 
 hire, but not engaged in fishing as a regular business, propelled by 
 o-as. fluid, naphtha, or electric motors, shall be, and are hereby, made 
 subject to all the provisions of section forty- four hundred and twenty- 
 six of the Revised Statutes of the United States relating to the inspec- 
 tion of hulls and boilers and requiring engineers and pilots, and for 
 _any violation of the provisions of this Title applicable to such vessels, 
 or of rules or regulations lawfully established thereunder, and to the 
 
14 THE seaman's contract. 
 
 extent to which such provisions of law and regulations are so applica- 
 ble, the said vessels, their masters, officers, and owners shall be sub- 
 ject to the provisions of sections forty-four hundred and ninety-six, 
 forty- four hundred and ninety-seven, forty- four hundred and ninety- 
 eight, forty-four hundred and ninety-nine, and forty-five hundred, 
 relating to the imposition and enforcement of penalties and the en- 
 forcement of law. 
 
 All vessels of fifteen gross tons or less propelled in whole or in 
 part by gas, gasoline, petroleum, naphtha, fluid, or electricity, and 
 carrying passengers for hire, shall carry one Hfe-preserver, of the sort 
 prescribed by the regulations of the board of supervising inspectors, 
 for every passenger carried, and no such boat while so carrying pas- 
 sengers shall be operated or navigated except in charge of a person 
 duly licensed for such service by the local board of inspectors. No 
 examination shall be required as a condition of the obtaining of such 
 a license, and any such license shall be revoked or suspended by the 
 local board of inspectors for misconduct, gross negligence, reckless- 
 ness in navigation, intemperance, or violation of law on the part of 
 the holder, and if revoked, the person holding such license shall be 
 incapable of obtaining another such license for one year from the date 
 of revocation. 
 
 *JUNE 9, 1910 (SEC. 5). 
 S. L. 36, p. 463. 
 
 MOTOR BOATS NOT REQUIRED TO CARRY LICENSED OFFICERS. 
 
 All motor boats carrying passengers for hire shall carry one life- 
 preserver of the sort prescribed by the regulations of the Board of 
 Supervising Inspectors for every passenger carried, and no such boat 
 while so carrying passengers for hire shall be operated or navigated 
 except in charge of a person duly licensed for such service by the 
 Local Board of Inspectors. No examination shall be required as the 
 condition of obtaining such a license, and any such license shall be 
 revoked or suspended by the Local Board of Inspectors for miscon- 
 duct, gross negUgence, recklessness in navigation, intemperance, or 
 violation of law on the part of the holder, and if revoked the person 
 holding such license shall be incapable of obtaining another such 
 license for one year from the date of revocation : Provided. That motor 
 boats shall not be required to carry licensed ofiicers, except as required 
 in this Act. 
 
THE seaman's contract. IS 
 
 *R. S. 4427. 
 Feb. 28, 1871 (Sec. 59), S. L. 16, p. 456. 
 
 TUG-BOATS, FREIGHT-BOATS, ETC. 
 
 The hull and boiler of every tug-boat, towing-boat, and freight-boat 
 shall be inspected, under the provisions of this Title ; and the inspectors 
 shall see that the boilers, machinery, and appurtenances of such vessel 
 are not dangerous in form or workmanship, and that the safety-valves, 
 gauge-cocks, low-water alarm-indicators, steam-gauges, and fusible 
 plugs are all attached in conformity to law; and the officers navigating 
 such vessels shall be licensed in conformity with the provisions of this 
 Title, and shall be subject to the same provisions of law as officers 
 navigating passenger-steamers. 
 
 R. S. 4438. 
 Feb. 28, 1871 (Sec. 14), S. L. 16, p. 446. 
 
 LICENSES OF OFFICERS BY INSPECTORS. 
 
 The boards of local inspectors shall license and classify the masters, 
 chief mates, engineers, and pilots of all steam-vessels. It shall be un- 
 lawful to employ any person, or for any person to serve as master, 
 chief mate, engineer, or pilot on any steamer, who is not licensed by 
 the inspectors ; and any one violating this section shall be liable to a 
 penalty of one hundred dollars for each ofifense. 
 
 DEC. 21, 1898 (SEC. 1). 
 S. L. 30, p. 764 (R. S. 4438). 
 Sec. 4438. The boards of local inspectors shall license and classify 
 the masters, chief mates, and second and third mates, if in charge of 
 a watch, engineers, and pilots of all steam-vessels, and the masters and 
 chief mates of sail-vessels of over seven hundred tons and all other 
 vessels and barges of over one hundred tons burden carrying passen- 
 gers for hire. It shall be unlawful to employ any person, or for any 
 person to serve, as a master, chief mate, engineer, or pilot of any 
 steamer, or as master or chief mate of any sail-vessel of over seven 
 hundred tons who is not licensed by the inspectors ; and any one vio- 
 lating this section shall be liable to a penalty of one hundred dollars 
 for each ofifense. 
 
 JAN. 25, 1907. 
 
 S. L. 34, p. 864 (R. S. 4438). 
 
 Sec. 4438. The boards of local inspectors shall license and classify 
 
 the masters, chief mates, and second and third mates, if in charge of a 
 
 watch engineers, and pilots of all steam-vessels, and the masters of 
 
16 THE seaman's contract. 
 
 sail-vessels of over se\ en hundred gross tons, and all other vessels of 
 over one hundred gross tons carrying passengers for hire. It shall be 
 unlawful to employ any person, or for any person to ser\e, as a mas- 
 ter, chief mate, engineer in charge of a watch, or pilot of any steamer 
 or as master of any sail-vessel of over seven hundred gross tons, or of 
 any other vessel of over one hundred gross tons carrying passengers 
 for hire, who is not licensed by the inspectors ; and anyone violating 
 this section shall be liable to a penalty of one hundred dollars for each 
 offense. 
 
 *MAY 28, 1908 (SEC. 2). 
 
 S. L. 35, p. 425 (R. S. 4438). 
 
 Sec. 4438. The boards of local inspectors shall license and classify 
 the masters, chief mates, and second anfi third mates, if in charge of 
 a watch, engineers, and pilots of all steam-vessels, and the masters of 
 sail-vessels of over seven hundred gross tons, and all other vessels of 
 over one hundred gross tons carrying passengers for hire. It shall be 
 unlawful to employ any person or for any person to serve as a master, 
 chief mate, engineer, or pilot of any steamer or as master of any sail- 
 vessel of over seven hundred gross tons or of any other vessel of over 
 one hundred gross tons carrying passeng'ers for hire who is not 
 licensed by the inspectors ; and anyone violating this section shall be 
 liable to a penalty of one hundred dollars for each offense. 
 
 R. S. 4439. 
 Feb. 28. 1871 (Sec. 15), S. L. 16, p. 446. 
 
 , LICENSE OF C.\PT.\IN. 
 
 Whenever any person applies to be licensed as master of a steam- 
 vessel, the inspector shall make diligent inquiry as to his character, and 
 shall carefully examine the applicant, as well as the proofs which he 
 presents in support of his claim, and if they are satisfied that his 
 capacity, experience, habits of life, and character are such as to war- 
 rant the belief that he can be safely intrusted with the duties and 
 responsibilities of the station for which he makes application, they shall 
 grant him a license authorizing him to discharge such duties on any 
 such vessel for the term of one year; but such hcense shall be sus- 
 pended or revoked, upon satisfactory proof of bad conduct, intem- 
 ]5erate habits, incapacity, inattention to his duties, or the willful viola- 
 tion of any provisions of this Title. 
 
THE SEAJFAN's CONTRACT. 17 
 
 *DEC. 21, 1898 (SEC. 2). 
 S. L. 30, p. 764 (R. S. 4439). 
 Sec. 4439. \\ henever any person applies to be licensed as master of 
 any steam-vessel, or of a sail-vessel of over seven hundred tons, the 
 inspectors shall make diligent inquiry as to his character, and shall 
 carefully e.xamine the applicant as well as the proofs which he presents 
 m support of his claim, and if they are satisfied that his capacity, ex- 
 perience, habits of life, and character are such .as warrant the belief 
 that he can safely be intrusted with the duties and responsibilities of 
 the station for which he mnkes application, they shall grant him a 
 license authorizing him to discharge such duties on any such vessel 
 for the term of five years : but such license shall be .suspended or re- 
 voked upon satisfactory proof of bad conduct, intemperate habits, 
 incapacity, inattention to his duties, or the willful violation of any pro- 
 vision of this Title applicable to him. 
 
 R. S. 4440. 
 Feb. 28, 1871 (Sec. 16), S. L. 16, p. 446. 
 
 LICEXSE OF CHIEF MATE. 
 
 Whenever any person applies for authority to be employed as chief 
 mate of steam-vessels, the inspectors shall require satisfactory evidence 
 of the knowledge, experience, and skill of the applicant in lading 
 cargo, and in handling and stowage of freight, and shall examine him 
 as to his knowledge and ability in navigation and managing such ves- 
 sels, and all other duties pertaining to his station ; and if satisfied of 
 his qualifications and good character, they shall grant him a license, 
 authorizing him to perform such duties for the term of one year ; but 
 such license shall be suspended or revoked upon satisfactory proof of 
 bad conduct, intemperate habits, unskillfulness, or want of knowledge 
 of the duties of his station, or the willful violation of any provision of 
 this Title. 
 
 *DEC. 21, 1898 (SEC. 3). 
 S. L. 30, p. 765 (R. S. 4440). 
 
 Sec. 4440. Whenever any person applies for authority to be em- 
 ployed as chief mate of ocean or coastwise steam-vessels or of sail- 
 vessels of over seven hundred tons, or as second or third mate of 
 ocean or coastwise steam-vessels, who shall have charge of a watch, 
 or whenever any person applies for authority to be employed as mate 
 of river steamers, the inspectors shall require satisfactory evidence of 
 the knowledge, experience, and skill of the applicant in lading cargo 
 
18 THE seaman's contract. 
 
 and in handling and stowage of freight, and if for Hcense as chief 
 mate on ocean or coastwise steamers, or of sail-vessels of over seven 
 hundred tons, or as second or third mate of ocean or coastwise steam- 
 ers, who shall have charge of a watch, shall also examine him as to 
 his knowledge and ability in navigation and managing such vessels and 
 all other duties pertaining to his station, and if satisfied of his qualifi- 
 cations and good character they shall grant him a license authorizing 
 him to perform such duties for the term of five years upon the waters 
 upon which he is found quahfied to act; but such license shall be sus- 
 pended or revoked upon satisfactory proof of bad conduct, intemperate 
 habits, unskillfulness, or want of knowledge of the duties of his station 
 or the willful violation of any provision of this title. 
 
 *R. S. 4441. 
 
 Feb. 28, 1871 (Sec. 17), S. L. 16, p. 446; April 17, 1874, S. L. 18, p. 30; 
 Feb. 27, 1877, S. L. 19, p. 252. 
 
 LICENSE OF ENGINEER. 
 
 Whenever any person applies for authority to perform the duties of 
 engineer of any steam-vessel, the inspectors shall examine the applicant 
 as to his knowledge of steam machinery, and his experience as an engi- 
 neer, and also the proofs which he produces in support of his claim ; 
 and if, upon full consideration, they are satisfied that his character, 
 habits of life, knowledge, and experience in the duties of an engineer 
 are all such as to authorize the belief that he is a suitable and safe per- 
 son to be intrusted with the powers and duties of such a station, they 
 shall grant him a license, authorizing him to be employed in such duties 
 for the term of *one year, in which they shall assign him to the appro- 
 priate class of engineers; but such license shall be suspended or re- 
 voked upon satisfactory proof of negligence, unskillfulness, intemper- 
 ance, or the willful violation of any provision of this Title. Whenever 
 complaint is made against any engineer holding a license authorizing 
 him to take charge of the boilers and machinery of any steamer, that 
 he has, through negligence or want of skill, permitted the boilers in 
 his charge to bum or otherwise become in bad condition, or that he 
 has not kept his engine and machinery in good working order, it shall 
 be the duty of the inspectors, upon satisfactory proof of such negli- 
 gence or want of skill, to revoke the license of such engineer and 
 assign him to a lower grade or class of engineers, if they find him 
 fitted therefor. 
 
 'Five years"— May 28, 1896, Sec. 2. 
 
THE seaman's contract. 19 
 
 *R. S. 4442. 
 Feb. 28, 1871 (Sec. 18), S. L. 16, p. 447. 
 
 LICENSE OF PILOT. 
 
 Whenever any person claiming to be a skillful pilot of steam-vessels 
 offers himself for a Hcense, the inspectors shall make diligent inquiry 
 as to his character and merits, and if satisfied, from personal exami- 
 nation of the appHcant, with the proof that he offers that he possesses 
 the requisite knowledge and skill, and is trustworthy and faithful, they 
 shall grant him a license for the term of *one year to pilot any such 
 vessel within the limits prescribed in the Hcense ; but such license shall 
 be suspended or revoked upon satisfactory evidence of negligence, un- 
 skillfulness, inattention to the duties of his station, or intemperance, or 
 the willful violation of any provision of this Title. 
 
 * "Five years"— May 28, 1896, Sec. 2. 
 
 *R. S. 4443. 
 Feb. 28, 1871 (Sec. 18), S. L. 16, p. 447. 
 
 LICENSE OF CAPTAIN OR MATE AS PILOT. 
 
 Where the master or mate is also pilot of the vessel, he shall not be 
 required to hold two licenses to perform such duties, but the license 
 issued shall state on its face that he is authorized to act in such double 
 capacity. 
 
 *R. S. 4444. 
 Feb. 28, 1871 (Sec. 51), S. L. 16, p. 455. 
 
 STATE REGULATION OF PILOTS. 
 
 Xo State or municipal government shall impose upon pilots of 
 steam-vessels any obligation to procure a State or other license in 
 addition to that issued by the United States, or any other regulation 
 which will impede such pilots in the performance of the duties required 
 by this Title ; nor shall any pilot-charges be levied by any such author- 
 ity upon any steamer piloted as provided by this Title; and in no case 
 shall the fees charged for the pilotage of any steam-vessel exceed the 
 customary or legally established rates in the State where the same is 
 performed. Nothing in this Title shall be construed to annul or affect 
 any regulation established by the laws of any State, requiring vessels 
 entering or leaving a port in any such State, other than coastwise 
 steam-vessels, to take a pilot duly licensed or authorized by the laws 
 of such State, or of a State situate upon the waters of such State. 
 
20 THE seaman's contract. 
 
 *R. S. 4445. 
 
 f 
 
 Feb. 28, 1871 (Sec. 36), S. L. 16, p. 456. 
 
 OATH OF LICENSED OFFICERS. 
 
 Every master, chief mate, engineer, and pilot, who receives a license, 
 shall, before entering upon his duties, make oath before one of the 
 inspectors herein provided for, to 'be recorded with the certificate, that 
 he will faithfully and honestly, according to his best skill and judg- 
 ment, without concealment or reservation, perform all the duties re- 
 quired of him by law. 
 
 *MARCH 23, 1900. 
 S. L. 31, p. SO (R. S. 4445): 
 
 That section forty-four hundred and forty-five, of Title fifty-two, of 
 the Revised Statutes, be, and is hereby, amended by adding thereto the 
 following paragraphs : 
 
 Sec. 4445. Every applicant for license as either master, mate, pilot, 
 or engineer under the provisions of this Title shall make and subscribe 
 to an oath or affirmation, before one of the Inspectors referred to in 
 this Title, to the truth of all the statements set forth in his application 
 for such license. 
 
 Any person who shall make or subscribe to any oath or affirmation 
 authorized in this Title and knowing the same to be false shall be 
 deemed guilty of perjury. 
 
 Every licensed master, mate, pilot, or engineer who shall change, by 
 addition, interpolation, or erasure of any kind, any certificate or license 
 issued by any Inspector or Inspectors referred to in this Title shall, for 
 every such offense, upon conviction, be punished by a fine of not more 
 than five hundred dollars or by imprisonment at hard labor for a term 
 not exceeding three years. 
 
 R. S. 4446. 
 Feb. 28, 1871 (Sec. 18), S. L. 16, p. 447. 
 
 LICENSE TO BE EXHIBITED. 
 
 Every master, mate, engineer, and pilot who shall receive a license 
 shall, when employed upon any vessel, place his certificate of license 
 which shall be framed under glass, in some conspicuous place in such 
 vessel, where it can be seen by passengers and others at all times ; and 
 for every neglect to comply with this provision by any such master 
 mate, engineer, or pilot, he shall be subject to a fine of one hundred 
 dollars, or to the revocation of his license. 
 
THE SEAMAX'S CONTRACT. 21 
 
 *FEB. VK 1907. 
 S. L. 34, p. 807 (R. S. 4446). 
 Si:c. 4446. Every master, mate, engineer, and' pilot who shall re.- 
 ceive a license shall, when employed upon any vessel, within forty-eight 
 hours after going on duty, place his certificate of license, which shall 
 be framed under glass, in some conspicuous place in such vessel, where 
 it can be seen by passengers and others at all times : Provided, That 
 in case of emergency such officer may be transferred to another vessel 
 of the same owners for a period not exceeding forty-eight hours with- 
 out tlie transfer of his license to such other vessel : and for every neg- 
 lect to comply witli this provision by any such master, mate, engineer 
 or pilot, he shall be subject to a fine of one hundred dollars, or to the 
 revdcat-on of his license. 
 
 *R. S. 4447. 
 Feb. 28, 1871 (Sec. 36), S. L. 16, p. 456. 
 
 REXEW.VL OF OFFTCEr's LICENSE. 
 
 When anv licensed officer is employed on a steamer in a district dis- 
 tant from any local board of inspectors, such inspectors, or the super- 
 vising inspector of the district, may grant a renewal of his license, 
 without such licensed officer being personally present, under such regu- 
 lations as the board of supervising inspectors shall prescribe. 
 
 R. S. 4448. 
 Feb. 28, 1871 (Sec. 54), S. L. 16, p. 456. 
 
 LICENSED OFFICERS TO ASSIST INSPECTORS IK EXAMIXATIONS. 
 
 All officers Hcensed under the provisions of this Title shall assist 
 the insnectors in their examination of any vessel to which such licensed 
 officers belong, and shall point out ail defects and imperfections known 
 to them in the hull, equipments, boilers, or machinery of such vessel, 
 and also shall make known to the inspectors, at the earliest opportu- 
 nity, all accidents or occurences producing serious injury to the vessel, 
 her boilers, or machinery ; and in default thereof the license of any 
 such officer so neglecting or refusing shall be revoked. 
 
 R. S. 4440. 
 Feb. 28, 1871 (Sec. 55), S. L. 16, p. 456. 
 
 REVOCATION OF OFFICER'S LICENSE FOR REFUSAL TO SERVE, ETC. 
 
 If any licensed officer shall, to the hindrance of commerce, wrong- 
 fully or unreasonably refuse to serve in his official capacity on any 
 
22 THE seaman's contract. 
 
 steamer, as authorized by the terms of his certificate of license, or 
 shall fail to deliver to the applicant for such service at the time of 
 such refusal, if the same shall be demanded, a statement in writing 
 assigning good and sufficient reasons therefor, or if any pilot or 
 engineer shall refuse to admit into the pilot-house or engine-room 
 any person whom the master or owner of the vessel may desire to 
 place there for the purpose of learning the profession, his license 
 shall be revoked, upon the same proceedings as are provided in other 
 cases of revocation of such licenses. 
 
 MARCH 3, 1905 (SEC. 5). 
 S. L. 33, p. 1030 (R. S. 4449). 
 
 "Sec. 4449. If any licensed officer shall, to the hindrance of com- 
 merce, wrongfully or unreasonably refuse to serve in his official 
 capacity on any vessel as authorized by the terms of his certificate 
 of license, or shall fail to deliver to the applicant for such service 
 at the time of such refusal, if the same shall be demanded, a state- 
 ment in writing assigning good and sufficient reasons therefor, or if 
 any pilot or engineer shall refuse to admit into the pilot house or 
 engine-room any person whom the master or owner of the vessel 
 may desire to place there for the purpose of learning the profession, 
 his license shall be revoked or suspended upon the same proceedings 
 as are provided in other cases of revocation or suspension of such 
 licenses." 
 
 *MARCH 3, 1915. 
 S. L. 38, p. 893 (R. S. 4448, 4449). 
 
 Sec. 4448. That all officers licensed under the provisions of this 
 title shall assist the inspectors in their examination of any vessel 
 to which such licensed officers belong and shall point out all defects 
 and imperfections known to them in the hull, equipments, boilers, or 
 machinery of such vessel, and shall also make known to the Inspectors 
 at the eariiest opportunity all accidents or occurrences producing 
 serious injury to the vessel, her equipments, boilers, or machinery, 
 and in default thereof the license of any such officer so neglecting 
 or refusing shall be suspended or revoked. 
 
 No inspector or supervising inspector receiving information from 
 a licensed officer who is employed on any vessel as to defects in such 
 vessel, or her equipments, boilers, or machinery, or that any provision 
 of this title is being violated, shall impart the naqie of such licensed 
 officer, or the source of his information, to any person other than his 
 superiors in the steamboat-inspection service. Any inspector or su- 
 pervising inspector violating this provision shall be subject to dismissal 
 from the service. 
 
THE seaman's contract. 23 
 
 Sec. 4449. That if any licensed officer shall, to the hindrance of 
 commerce, wrongfully or unreasonably refuse to perform his official 
 duties after having signed Articles or while employed on any vessel 
 as authorized by the terms of his certificate or license, or if any pilot 
 or engineer shall refuse to admit into the pilot-house or engine-room 
 any person whom the master or owner of the vessel may desire to 
 place there for the purpose of learning the profession, his license 
 shall be revoked or suspended upon the same proceedings as are 
 provided in other cases of revocation or suspension of such license. 
 
 *R. S. 4450. 
 Feb. 28, 1871 (Sec. 19), S. L. 16, p. 447. 
 
 INVESTIGATION OF CONDUCT OF OFFICERS. 
 
 The local boards of inspectors shall investigate all acts of incompe- 
 tency or misconduct committed by any licensed officer while acting 
 under the authority of his license, and shall have power to summon 
 before them any witnesses within their respective districts, and compel 
 their attendance by a similar process as in the United States circuit 
 or district courts ; and they may administer all necessary oaths 
 to any witnesses thus summoned before them ; and after reasonable 
 notice in writing, given to the alleged delinquent, of the time and 
 place of such investigation, such witnesses shall be examined, under 
 oath, touching the performance of his duties by any such licensed 
 officer; and if the board shall be satisfied that such licensed officer 
 is incompetent, or has been guilty of miisbehavior, negligence, or 
 unskillfulness, or has endangered life, or willfully violated any pro- 
 vision of this Title, they shall immediately suspend or revoke his 
 license. 
 
 R. S. 4452, 
 Feb. 28, 1871 (Sec, 20), S. L, 16, p. 447. 
 
 APPEAL TO SUPERVISING INSPECTOR, 
 
 Whenever any board of local inspectors refuses to grant a license to 
 any person applying for the same, or suspends or revokes the license 
 of any master, mate, engineer, or pilot, any person deeming himself 
 wronged by such refusal, suspension, or revocation, may, within thirty 
 days thereof, on application to the supervising inspector of the district, 
 have his case examined anew by such supervising inspector; and the 
 local board shall furnish to the supervising inspector, in writing, 
 the reasons for its doings in the premises ; and such supervising 
 inspector shall examine the case anew, and he shall have the same 
 
24 THE seaman's contract. 
 
 powers to summon witnesses and compel their attendance, and to 
 administer oatlis, that are conferred on local inspectors; and such 
 witnesses and the marshal shall be paid in the, same manner as 
 provided for by the preceding section-; and stich supervising inspector 
 may revoke, change, or modify the decision of such local board ; and 
 like proceedings may be had by any master or owner of any steam- 
 vessel in relation to the inspection of such vessel, or her boilers or 
 machinery, by any such local board ; and in case of repairs, and in 
 any investigation or inspection, where there shall be a disagreement 
 between the local inspectors, the supervising inspector, when so 
 requested, shall investigate and decide the case. 
 
 MARCH 3, 1905 (SEC. 6). 
 
 S. L. 33, p. 1030 (R. S. 4452). 
 
 Sec. 4452. Whenever any board of local inspectors refuses to grant 
 a license to any person applying for the same, or suspends or revokes 
 the license of any master, mate, engineer, or pilot, any person deeming 
 himself wronged by such refusal, suspension, or revocation, may, 
 within thirty days thereof on application to the supervising inspector 
 of the district, have his case examined anew by such supervising 
 inspector; and the local board shall furnish to the supervising 
 inspector, in writing, the reasons for its doings in the premises ; and 
 such supervising inspector shall examine the case anew, and he shall 
 have the same powers to summon witnesses and compel their attend- 
 ance and to administer oaths that are conferred on local inspectors ; 
 and such witnesses and the marshal shall be paid in the same manner 
 as provided for by the preceding section : and such supervising 
 inspector may revoke, change, or modify the decision of such local 
 board ; and like proceedings may be had by any master or owner of 
 any steam vessel in relation to the inspection of such vessel, or her 
 boilers or machinery, b>' any such local board ; and, in case of repairs, 
 and in any investigation or inspection, where there shall be a disagree- 
 ment between the local inspectors, the supervising inspector, when so 
 requested, shall investigate and decide the case. In cases of trials for 
 the revocation or suspension of an officer's license, where either the 
 license has been revoked or suspension for more than six months has 
 been made, and such action has been affirmed by the supervising 
 inspector, the officer whose license is in question may have the case 
 examined anew by the Supervising Inspector-General, who shall have 
 the same powers to summon witnesses, to compel their attendance, 
 and to administer oaths as are conferred on local inspectors, and the 
 Supervising Inspector-General may revoke, change, or modify said 
 decisions. Application for such re-examination of the case shall be 
 
THE SEA.MAX S COXTRACT. Z? 
 
 made to the Supervising Inspector-General within thirty days after 
 final decision by the supervising inspector. 
 
 *JUXE 10, 1918. 
 
 S. L. 40, p. 602 (R. S. 4452). 
 
 That whenever any person directly interested in or affected by 
 any decision or action of any board of local inspectors of vessels 
 shall feel aggrieved by such decision or action, he may appeal there- 
 from to the supervising inspector of the district ; and a like appeal 
 shall be allowed from any decision or action of a supervising inspector 
 to the Supervising Inspector-General, whose decision, when approved 
 by the Secretary- of Commerce, shall be final ; provided . however, 
 that application for such re-examination of the case by a supervising 
 inspector or by the Supervising" Inspector-General shall be made 
 within thirty days after the decision or action appealed from shall 
 have been rendered or taken ; and provided further, that in all 
 cases reviewed under the provisions of this act where the issue is 
 the suspension or revocation of the license of a licensed officer, 
 such officer shall be allowed to be represented by counsel and to 
 testify in his own behalf. 
 
 Sec. 2. That whenever there shall be a disagreement between the 
 local inspectors in regard to any matter before them for decision 
 they shall report the case to the supervising inspector of the district, 
 who shall investigate and decide the same. Any supervising inspector 
 may within thirty days thereafter, upon his own motion, review any 
 decision or action of any supervising inspector or board of local 
 inspectors, and the decision of the Supervising Inspector-General in 
 such case shall, when approved by the Secretary of Commerce, be 
 final. 
 
 Sec. 3. That any decision or action reviewed by the Supervising 
 Inspector-General or by any supervising inspector, as provided in 
 sections one and two of this act, may be revoked, changed, or 
 modified by such reviewing officer, who shall have power to admin- 
 ister oaths and to summon and compel the attendance of witnesses 
 by a similar process as in the district courts of the United States ; 
 and the disbursing clerk, Department of Commerce, shall pay, on 
 properly certified vouchers, such fees to any witness so summoned 
 for his actual travel and attendance as shall be officially certified to 
 by the officer reviewing the case, not exceeding the rate allowed 
 for fees to witnesses for travel and attendance in the district courts 
 of the United States. 
 
 Sec. 4. That the Secretary of Commerce shall make such regula- 
 
26 
 
 THE SEAMAN S CONTRACT. 
 
 tions as may be necessary to secure a proper enforcement of the 
 provisions of this act. 
 
 Sec. 5. That section forty-four hundred and fifty-two of the 
 Revised Statutes, as amended by section six of the act of March 
 third, nineteen hundred and five, is hereby repealed. 
 
 *R. S. 4455. 
 Feb. 28, 1871 (Sec. 21), S. L. 16, p. 448. 
 
 EFFECT OF DECISIONS BY INSPECTORS. 
 
 The inspectors of one district shall not modify or annul the doings 
 of the inspectors of another district in regard to repairs, unless there 
 is a change in the state of things, demanding more repairs than w^ere 
 thought necessary when the order was made. Nor shall the inspectors 
 of one district license a person coming from another district, if such 
 person has been rejected for unfitness or want of qualifications. 
 
 R. S. 4458. 
 Feb. 28, 1871 (Sec. 60), S. L. 16, p. 457. 
 
 LICENSE FEES. 
 
 Before issuing any license to any steamer, the collector or other 
 chief officer of the customs for the port or district, shall demand 
 and receive from the owners thereof, as a compensation for the inspec- 
 tions and examination made for the year, the following sums, in addi- 
 tion to the fees for issuing enrollments and licenses now allowed by 
 law, according to the tonnage of the vessel: For each steam-vessel 
 of one hundred tons or under, twenty-five dollars ; and in addition 
 thereto, for each and every ton in excess of one hundred tons, five 
 cents. Each master, chief engineer, and first-class pilot, licensed as 
 herein provided, shall pay for every certificate, granted by any 
 inspector or inspectors, the sum of' ten dollars ; and every chief mate, 
 engineer, and pilot of an inferior grade shall pay, for every certificate 
 so granted, the sum of five dollars. Such fees shall be paid over 
 to the chief officer of the customs in such mamier and under such 
 regulations as shall be prescribed by the Secretary of the Treasury. 
 
 APRIL 5, 1882. 
 S. L. 22, p. 40 (R. S. 4458). 
 That section forty-four hundred and fifty-eight of the Revised 
 Statutes be, and is hereby, amended by striking out of the para- 
 graph, beginning in the eighth line thereof, the following words, 
 
THE seaman's contract. 27 
 
 that IS to say, "Each master, chief engineer, and first-class pilot 
 licensed as herein provided shall pay for every certificate granted 
 by any inspector or inspectors the sum of ten dollars and every 
 chief mate, engineer, and pilot of an inferior grade shall pay for 
 every certificate so granted the sum of five dollars" and insert 
 in lieu thereof the following: "Each master, engineer, pilot, and mate 
 licensed as herein provided shall pay for every certificate granted 
 by any inspector or inspectors the sum of fifty cents." * 
 
 Fees abolished— June 19, 1886, Sec. 1. 
 
 R. S. 4463. 
 Feb. 28, 1871 (Sec. 14), S. L. 16, p. 446. 
 
 OFFICERS AND CREW OF PASSENGER STEAMERS. 
 
 Xo steamer carrying passengers shall depart from any port unless 
 she shall have in her service a full complement of licensed officers 
 and full crew, sufficient at all times to manage the vessel, including 
 the proper number of watchmen. But if any such vessel, on her 
 voyage, is deprived of the services of any licensed officer, without 
 the consent, fault, or collusion of the master, owner, or any person 
 interested in the vessel, the deficiency may be temporarily supplied, 
 until others licensed can be obtained. 
 
 APRIL 2, 1908. 
 S. L. 35, p. 55 (R. S. 4463). 
 
 Sec. 4463. Any vessel of the United States subject to the pro- 
 visions of this title or to the inspection laws of the United States 
 shall not be navigated unless she shall have in her service and on 
 board such complement of licensed officers and crew as may, in 
 the judgment of the local inspectors who inspect the vessel, be 
 necessary for her safe navigation. The local inspector shall make 
 in the certificate of inspection of the vessel an entry of such 
 complement of officers and crew, which may be changed from 
 time to time by indorsement on such certificate by local inspectors 
 by reason of change of conditions or employment. Such entry or 
 indorsement shall be subject to a right of appeal, under regula- 
 tions to be made by the Secretary of Commerce and Labor, =" to 
 the supervising inspector and from him to the Supervising Inspector- 
 General, who shall have the power to revise, set aside, or affirm 
 the said determination of the local inspectors. 
 
 If any such vessel is deprived of the services of any member of 
 
 * "Commerce"— Mar. 4, 1913, Sec, 1. 
 
28 THE SEA.MAX'S CONTRACT. 
 
 the crew without the consent, fault, or collusion of the master, 
 owner, or any person interested in the vessel, the vessel may pro- 
 ceed on her voyage, if in the judgment of the master she is 
 suffiicientl}' manned for such voyage. 
 
 If the master shall fail to explain in writing such deficiency in the 
 crew to the local inspectors within twelve hours of the time of the 
 arrival of the vessel at her destination, he shall be liable to a penalty 
 of fifty dollars. If the vessel shall have been insvifficiently manned 
 in the judgment of the local inspectors, the master shall be liable 
 to a penalty of one hundred dollars, or in case of an insufficient 
 number of licensed officers to a penalty of five hundred dollars. 
 
 Sec. 2. That this act shall take effect on July first. _ nineteen 
 hundred and eight. 
 
 *MARCH 3, 1913. 
 S. L. 37, p. 722 (R. S. 4463). 
 Sec. 4463. *Any vessel of the United States subject to the pro- 
 visions of this title or to the Inspection laws of the United States 
 shall **not be navigated unless she shall have in her service and on 
 board such complement of licensed officers and crew*** as may, in 
 the judgment of the Local Inspectors who inspect the vessel, be 
 necessary for her safe navigation. The Local Inspectors' shall 
 make in the certificate of inspection of the vessel an entry of such 
 complement of- officers and crew which may be changed from time to 
 time by indorsement on such certificate by Local Inspectors bv 
 reason of change of conditions or employment. Such entr\- or 
 indorsement shall be subject to a right of appeal, under regulations 
 to be made by the Secretary of Commerce and Labor,**** to the 
 Supervising Inspector a:nd from him to the Supervising Inspector- 
 General, who shall have the power to revise, set aside, or affirm 
 the said determination of the local inspectors. If an^• -such vessel 
 is deprived of the services of any number of the crew without the 
 consent, fault, or collusion of the master, owner, or any person 
 interested in the vessel, the vessel may proceed on her voyage if, 
 in the judgment of the master, she is sufficiently manned for srch 
 voyage. Provided. That the master shall ship, if obtainable, a num- 
 ber equal to the number of those whose services he has been deprived' 
 of by desertion or casualty, who must be of the same grade or of 
 a higher rating with those whose places they fill. If the master 
 
 * \\'ord "Any" changed to word "Xo" — May 11, 1918. 
 ** Word "not" omitted — May 11, 1918. 
 
 *** Words '•including certificated lifeboat men, separately stated," follow- 
 ing the word "crew" wherever it appears — Mar. 4. 1915, Sec. 14 
 **** "Commerce" — Mar. 4, 1913, Sec. 1. 
 
THE SEAMAN'S COXTRACT. 29 
 
 shall fail to explain in writing the cause of such deficiency in the 
 crew to the Local Inspectors within twelve hours of the time of 
 the arrival of the vessel at her destination, he shall be liable to a 
 penalty of fifty dollars. If the vessel shall not be manned as pro- 
 vided in this Act, the owner shall be liable to a penalty of one 
 hundred dollars, or, in case of an insufficient number of licensed 
 officers, to a penalty of fi\e hundred dollars. 
 
 Sec. 2. That the Board of Local Inspectors shall make an entry 
 in the certificate of inspection of every ocean and coastwise sea- 
 going merchant vessel of the L'nited States propelled by machinery, 
 and every ocean-going vessel carrying passengers, the minimum 
 number of licensed deck officers required for her safe navigation 
 according to the following scale : 
 
 That no such vessel .shall be navigated unless she shall have on 
 board and in her service one duly licensed master. 
 
 That every such vessel of one thousand gross tons and over, propelled 
 by machinery, shall have in her service and on board three licensed 
 mates, who shall stand in three watches while such vessel is being 
 navigated, unless such vessel is engaged in a run of less than 400 
 miles from the port of departure to the port of final destination, 
 then such vessel shall ha^ e t\\'o licensed mates : and every vessel 
 of two hundred gross tons and less than one thousand gross tons, 
 propelled by machinery, shall have two licensed mates. 
 
 That everv such vessel of one hundred gross tons and under two 
 hundred gross tons, propelled by machinery, shall have on board 
 and in her service one licensed mate; but if such vessel is engaged 
 in a trade in which the time required to make the passage from the 
 port of departure to the port of destination exceeds twenty-four 
 hours, then such vessel shall have two licensed mates. 
 
 That nothing in this section shall be so construed as to prevent 
 Local Inspectors from increasing the number of licensed officers 
 on any vessel subject to the inspection laws of the' United States 
 if, in their judgment, such \essel is not sufficiently manned for 
 her safe navigation : Provided. That this section shall not apply to 
 fishing or whaling vessels, yachts, or motor-boats as defined in the 
 Act of June 9. 1910, *or to wrecking vessels. 
 
 Sec. 3. That it shall be unlawful for the master, owner, agent, 
 or other person having authority, to permit an officer of any vessel 
 to take charge of the deck watch of the vessel upon leaving or 
 immediately after leaving port, unless such officer shall have had 
 at least six hours ofif duty within the twelve hours immediately 
 
 * Inserted— May 11, 1918. 
 
30 THE seaman's contract. 
 
 preceding the time of sailing, and no licensed officer on any ocean 
 or coastwise vessel shall be required to do duty to exceed nine hours 
 of any twenty-four while in port, including the date of arrival, or 
 more than twelve hours of any twenty-four at sea, except in a 
 case of emergency when life or property is endangered. Any viola- 
 tion of this section shall subject the person or persons guilty thereof 
 to a penalty of one hundred dollars. 
 
 Sec. 4. That all laws or parts of laws in conflict with this Act 
 are hereby repealed. 
 
 R. S. 5344. 
 Feb. 28, 1871 (Sec. 57), S. L. 16, p. 456. 
 
 MISCONDUCT, LOSS OF LIFE, MANSLAUGHTER. 
 
 Every captain, engineer, pilot, or other person employed on any 
 steamboat or vessel, by whose misconduct, negligence, or inattention 
 to his duties on such vessel, the life of any person is destroyed, and 
 every owner, inspector, or other public officer, through whose fraud, 
 connivance, misconduct, or violation of law, the life of any person is 
 destroyed, shall be deemed guilty of manslaughter, and, upon convic- 
 tion thereof before any circuit court of the United States, shall be 
 sentenced to confinement at hard labor for a period of not more than 
 ten years. 
 
 *MARCH 4, 1909 (SEC. 282). 
 
 S. L. 35, p. 1144 (R. S. 5344). 
 
 Sec. 282. Every captain, engineer, pilot, or other person employed 
 on any steamboat or vessel, by whose misconduct, negligence, or inat- 
 tention to his duties on such vessel the life of any person is destroyed, 
 and every owner, charterer, inspector, or other public officer, through 
 whose fraud, neglect, connivance, misconduct, or violation of law the 
 life of any person is destroyed, shall be fined not more than ten thou- 
 sand dollars, or imprisoned not more than ten years, or both : Provided, 
 That when the owner or charterer of any steamboat or vessel shall be 
 a corporation, any executive officer of such corporation, for the time 
 being actually charged with the control and management of the opera- 
 tion, equipment or navigation of such steamboat or vessel, who has 
 knowingly and willfully caused or allowed such fraud, neglect, con- 
 nivance, misconduct, or violation of law, by which the life of any 
 person is destroyed, shall be fined not more than ten thousand dollars, 
 or imprisoned not more than ten years, or both. 
 
THE seaman's contract. 31 
 
 *MARCH 3, 1891 (SECS. 3, 7, 8). 
 S. L. 26, p. 831. 
 
 OFFICERS, SEAMEN, CADETS, AND APPRENTICES ON VESSELS EMPLOYED IN 
 
 MAIL SERVICE. 
 
 Sec 3. The vessels employed in the mail service under the provisions 
 of this Act shall be American-built steamships, owned and officered by 
 American citizens, in conformity with the existing laws, or so owned 
 and officered and registered according to law, and upon each departure 
 from the United States the following proportion of the crew shall be 
 citizens of the United States, to wit: During the first two years of 
 such contract for carrying the mails, one-fourth thereof ; during the 
 next three succeeding years, one-third thereof ; and during the remain- 
 ing time of the continuance of such contract at least one-half thereof ; 
 and shall be constructed after the latest and most approved types, with 
 all the modern improvements and appliances for ocean steamers. 
 
 Sec 7. The officers of the United States Navy may volunteer for 
 service on said mail vessels, and when accepted by the contractor or 
 contractors, may be assigned to such duty by the Secretary of the Navy 
 whenever in his opinion such assignment can be made without detriment 
 to the service, and while in said employment they shall receive furlough 
 pav from the Goverrmient, and such other compensation from the con- 
 tractor or contractors as may be agreed upon by the parties : Provided, 
 That thev shall only be required to perform such duties as appertain 
 to the merchant service. 
 
 Sec 8. Said vessels shall take, as cadets or apprentices, one Amer- 
 ican-bom boy, under twenty-one years of age for each one thousand 
 tons gross register, and one for each majority fraction thereof, who 
 shall be educated in the duties of seamanship, rank as petty officers, 
 and receive such pay for their services as may be reasonable. 
 
 *AUGUST 18, 1914. 
 S. L. 38, p. 698. 
 
 SUSPENSION OF REQUIREMENT OF CITIZENSHIP. 
 
 That the words "not more than five years old at the time they 
 [foreign-built vessels owned by citizens of the United States] apply 
 for registry" in section 5 of the Act entitled "An Act to provide for 
 the opening, maintenance, protection, and operation of the Panama 
 Canal and the sanitation and government of the Canal Zone," are 
 hereby repealed. 
 
 Sec 2. That the President of the United States is hereby author- 
 ized, whenever in his discretion the needs of foreign commerce may 
 
32 THE seaman's contract. 
 
 require, to suspend by order, so far and for such length of time as he 
 may deem desirable, the provisions of law prescribing that all watch 
 officers of vessels of the United States registered for foreign trade 
 shall be citizens of the United States. 
 
 Under like conditions, in like manner, and to like extent the Pr&si- 
 dent of the United States is also hereby authorized to suspend the 
 provisions of the law requiring survey, inspection, and measurement 
 by officers of the United States of foreign-built vessels admitted to 
 American registry under this Act. 
 
 Sec. 3. This Act shall take effect immediately. 
 
 MANNING SCALE. 
 
 (See also "Licensed Officers.") 
 
 *R. S. 4477. 
 Feb. 28, 1871 (Sec. 6), S. L. 16, p. 446. 
 
 WATCHMEN ON PASSENGER STEAMERS. ■ 
 
 Every steamer- carrying passengers during the night time shall keep 
 a suitable number of watchmen in the cabins, ■ and on each deck, to 
 guard against fire or other dangers, and to give alarm in case of acci- 
 dent or disaster. 
 
 *R. S. 4478. 
 Feb. 28, 1871 (Sec. 6),, S. L. 16, p. 446. 
 
 rUNISHMENT FOR FAILURE TO KEEP WATCHMEN. 
 
 For any neglect to keep the watchmen required by the, preceding 
 section, the license of the officer in charge of the vessel for the time 
 being shall be revoked; and every owner of such vessel who neglects 
 or refuses to furnish the number of men necessary to keep watch as 
 required, shall be fined one thousand dollars. 
 
 R. S. 4516. 
 June 7, 1872 (Sec. 14), S. L. 17, p. 265.. 
 
 LOST SEAMEN MAY BE REPLACED. 
 
 In case of desertion, or of casualty resulting in the loss of one or 
 more seamen, the master may ship a number equal to the number of 
 whose services he has been deprived by desertion or casualty, and 
 report the same to the United States consul at the first port at which 
 he shall arrive, without incurring the penalty prescribed by the two 
 preceding sections. 
 
THE seaman's contract. 33 
 
 DEC. 21. 1898 (SEC. 1). 
 S. L. 30, p. 7'?5 (R. S. 4516). 
 
 Sec. -J-.-lo. In case of desertion or casualty resulting in the loss of 
 one or more seamen, the master must ship, if obtainable, a number 
 equal to the number of those whose services he has been deprived of 
 by desertion or casualty, who must be of the same grade or rating 
 and equally expert with those whose place or position they refill, and 
 report the same to the United States consul at the first port at which 
 he shall arrive, without incurring the penalty prescribed by the two 
 preceding sections. [This section shall not apply to fishing or whaling 
 vessels or yachts, Dec. 21. 1808, sec. 26.] 
 
 *MARCH 4, 1915 (SEC. 1). 
 S. L. 38, p. 1164 (R. S. 4516). 
 
 Sec. 4,-^1(). In case of desertion or casualty resulting in the loss of 
 one or more of the seamen, the master must ship, if obtainable, a 
 number equal to the number of those whose services he has been de- 
 pri\-ed of b}- desertion or casualt}-. who must be of the same or higher 
 grade or rating with those whose places they fill, and report the same 
 to the United States consul at the first port at which he shall arrive, 
 without incurring the penalty prescribed by the two preceding sections. 
 This -ection shall not apply to fishing or whaling vessels or \-achts. 
 
 *M.\RCH 4, 1915 (SEC. 13). 
 S. L. 38, p. 1169. 
 
 QUALIEICATIOXS OF SE.VMEN. 
 
 Xo vessel of one hundred tons gross' and upward, except those navi- 
 gating rivers exclusively and the smaller inland lakes and except as 
 pro\ided in Section 1 of this Act, shall be permitted to depart from 
 an\- port of the United States unless she has on board a crew not less 
 than seventy-five per centum of which, in each department thereof, 
 are able to understand an}- order given by the officers of such vessel, 
 nor unless forty per centum in the first year, forty-five per centum in 
 the second year, fifty per centum in the third year, fifty-five per centum 
 in the fourth year after the passage of this Act, and thereafter sixty- 
 five per centum of her deck crew, exclusive of licensed officers and 
 apprentices, are of rating not less than able seaman. 
 
 Ever\- person shall be rated an able seaman, and qualified for service 
 as such on the seas, who is nineteen years of age or upward, and has 
 had at least three years' service on deck at sea or on the Great Lakes, 
 on a vessel or vessels to which this section applies, including decked 
 
34 THE seaman's contract. 
 
 fishing vessels, naval vessels or coast guard vessels ; and every person 
 shall be rated an able seaman, and qualified to serve as such on the 
 Great Lakes and on the smaller lakes, bays, or sounds, who is nineteen 
 years of age or upward and has had at least eighteen months' service 
 on deck at sea or on the Great Lakes or on the smaller lakes, bays, 
 or sounds, on a vessel or vessels to which this section applies, including 
 decked fishing vessels, naval vessels, or coast guard vessels ; and grad- 
 uates of school ships approved by and conducted under rules prescribed 
 by the Secretary of Commerce may be rated able seamen after twelve 
 months' service at sea: 
 
 Provided, That upon examination, under rules prescribed by the 
 Department of Commerce as to eyesight, hearing, and physical condi- 
 tion, such persons or graduates are found to be competent : 
 
 Provided further, That upon examination, under rules prescribed 
 by the Department of Commerce as to eyesight, hearing, physical con- 
 dition, and knowledge of the duties of seamanship a person found 
 competent may be rated as able seaman after having served on deck 
 twelve months at sea, or on the Great Lakes ; but seamen examined 
 and rated able seamen under this proviso shall not in any case compose 
 more than one-fourth of the number of able seamen required by this 
 section to be shipped or employed upon any vessel. 
 
 Any person may make application to any Board of Local Lispectors 
 for a certificate of service as able seaman, and upon proof being made 
 to said board by affidavit and examination, under rules approved by 
 the Secretary of Commerce, showing the nationality and age of the 
 applicant and the vessel or vefssels on which he has had service and 
 that he is entitled to such certificate under the provisions of this 
 section, the Board of Local Inspectors shall issue to said applicant a 
 certificate of service, which shall be retained by him and be accepted 
 as prima facie evidence of his rating as an able seaman. 
 
 Each Board of Local Inspectors shall keep a complete record of all 
 certificates of service issued by them and to whom issued and shall 
 keep on file the affidavits upon which said certificates are issued. 
 
 The Collector of Customs may, upon his own motion, and shall, 
 upon the sworn information of any reputable citizen of the LInited 
 States setting forth that this section is not being complied with, cause 
 a muster of the crew of any vessel to be made to determine the fact; 
 and no clearance shall be given to any vessel failing to comply with 
 the provisions of this section : 
 
 Provided, That the Collector of Customs shall not be required to 
 cause such muster of the crew to be made unless said sworn informa- 
 tion has been filed with him for at least six hours before the vessel 
 departs, or is scheduled to depart : 
 
THE seaman's contract. 35 
 
 Provided, further, That any person that shall knowingly make a 
 false affidavit for such purpose shall be deemed guilty of perjury and 
 upon conviction thereof shall be punished by a fine not exceeding $500 
 or by imprisonment not exceeding one year, or by both such fine and 
 imprisonment, within the discretion of the court. Any violation of 
 any provision of this section by the owner, master, or officer in charge 
 of the vessel shall subject the owner of such vessel to a penalty of 
 not less than $100 and not more than $500 : 
 
 And provided further. That the Secretary of Commerce shall make 
 such rules and regulations as may be necessary to carry out the pro- 
 visions of this section, and nothing herein shall be held or construed 
 to prevent the Board of Supervising Inspectors, with the approval 
 of the Secretary of Commerce, from making rules and regulations 
 authorized by law as to vessels excluded from the operation of this 
 section. 
 
 SHIPPING COMMISSIONER. 
 
 (See also "Shipping Articles" and "Deceased Seamen.") 
 
 R. S. 4501. 
 June 7, 1872 (Sec. 1), S. L. 17, p. 262; June 9, 1874, S. L. 18, p. 64. 
 
 APPOIXTIIENT OF SHIPPING COMMISSIONER. 
 
 The several circuit courts within the jurisdiction of which there is 
 a port of entry which is also a port of ocean navigation, shall appoint 
 a commissioner for each such port which in their judgment may 
 require the same, such commissioners to be termed shipping-commis- 
 sioners ; and may, from time to time, remove from office any commis- 
 sioner whom the court may have reason to believe does not properly 
 perform his duties, and shall then provide for the proper performance 
 of his duties until another person is duly appointed in his place. Such 
 courts shall regulate the mode of conducting business in the shipping- 
 offices to be established by the shipping-commissioners as hereinafter 
 provided; and shall have full and complete control over the same, 
 subject to the provisions herein contained. 
 
 *JUNE 26, 1884 (SEC. 27). 
 S. L. 23, p. 59 (R. S. 4501). 
 Sec 4501. The Secretary of the ^Treasury shall appoint a commis- 
 sioner for each port of entry, which is also a port of ocean navigation, 
 and which, in his judgment, may require the same; such commissioner 
 to be termed a shipping commissioner, and may, from time to time. 
 
36 THE seaman's contract. 
 
 remove from office any such commissioner whom he may have reason 
 to believe does not- properly perform his duty, and shall then provide 
 for the proper performance of his duties until another person is duly 
 appointed in his place: Provided,. Tha^t Shipping Commissioners now in 
 office shall continue to perform the duties thereof until others shall be 
 appointed in their places. Shipping Commissioners shall monthly ren- 
 der a full, exact, and itemized account of their receipts and expendi- 
 tures to the Secretary of the *Treasury, who shall determine their 
 compensation, and shall from time to time determine the number and 
 compensation of the clerks appointed by such commissioner, with the 
 approval of the Secretary of the ^Treasury, subject to the limitations 
 now fixed by law. The Secretary of the "Treasury shall regulate the 
 mode of conducting business in the shipping offices to be established 
 by the shipping commissioners as hereinafter provided, and shall have 
 full and complete control over the same, subject to the provisions 
 herein contained ; and all expenditures by shipping commissioners shall 
 be audited and adjusted in the *Treasur}' Department in the mode and 
 manner provided for expenditures in the collection of customs. **A11 
 fees of Shipping Commissioners shall be paid into the Treasury of the 
 United States and shall constitute a fund which shall be used under 
 the direction of the Secretary of the Treasury to pay the compensation 
 of said Commissioners and their clerks and such other expenses as he 
 may find necessary to ensure the proper administration of their duties. 
 
 * "Commerce and Labor" — Feb. 14, 1903, Sec. 10; "Commerce" — Mar. 4, 
 1913, Sec. 1. 
 
 ** Fees abolished— June 19, 1886, Sec. 1. 
 
 R. S. 4502. 
 June 7, 1872 (Sec. 2), S. L. 17, p. 262. 
 
 BOND AND OATH OF COM -M ISSIONER. 
 
 Every shipping-commissioner so appointed shall give bond to the 
 United States, conditioned for the faithful performance of the duties 
 of his office, for a sum, in the discretion of the circuit judge, of not 
 less than five thousand dollars, with two good and sufficient sureties 
 therefor, to be approved by such judge: and shall take and subscribe 
 the following oath before entering upon the duties of his office : "I do 
 solemnly swear (or affirm, as the case may be) that I will support the 
 Constitution of the United States, and that I will truly and faithfully 
 discharge the duties of a shipping-commissioner to the best, of my 
 ability, and according to law.'' Such oath shall be indorsed on the 
 commission or certificate of appointment, and signed by him, and 
 certified by the officer before whom such oath shall ha\e been taken. 
 
THE SKAMAX'S CONTRACT. 37 
 
 =^-APRIL 26, 1906. 
 S. L. 34, p. 137 (R. S. 4502). 
 
 Sec. 4502. Every shipping commissioner so appointed shall give 
 bond to the L'nited States, conditioned for the faithful performance of 
 the duties of his office, for a sum, in the discretion of the Secretary 
 of Commerce *and Labor, of. not less than five thousand dollars, in 
 such form and with such security as the Secretary of Commerce and 
 Labor shall direct and approve ; and shall take and subscribe the oath 
 prescribed b}' section seventeen hundred and fifty-seven of the Revised 
 Statutes before entering upon the duties of his office: Provided, That 
 nothing in this section shall be construed to affect in any respect the 
 liability of principal or sureties on any bond heretofore given by any 
 shipping commissioner. 
 
 * ^^'ords ''and Labor" stricken out — ^larch 4, 1913, Sec. 1. 
 
 *R. S. 4503. 
 June 7, 1872 (Sec. 8), S. L. 17, p. 263. 
 
 WHEX OFFICERS OF THE CUSTOilS SHALL .\CT .\S COMMISSIONERS 
 
 In any port in which no shipping-commissioner shall have been 
 appointed, the whole or an\- part of the business of a shipping-com- 
 missioner shall be conducted by the collector or deputy collector of 
 customs of such port: and in respect of such business such custom 
 house shall be deemed a shipping-office, and the collector or deputy 
 collector of customs to whom such business shall be committed, shall, 
 for all purposes, be deemed a shipping-commissioner within the mean- 
 ing of this Title. 
 
 *R. S. 4504. 
 June 7, 1872 (Sec. 12), S. L. 17, p. 263; Jan. 15, 1873, S. L. 17, p. 410. 
 
 ' PENALTY FOR UNLAWFULLY ACTING AS COMMISSIONER. 
 
 Any person other than a commissioner under this Title, who shall 
 perform or attempt to perform, either directly or indirectly, the duties 
 which are by this Title set forth as pertaining to a shipping-commis- 
 sioner, shall be liable to a penalty of not more than five hundred 
 dollars. Nothing in this Title, however, shall prevent the owner, or 
 consignee, or master of any vessel except vessels bound from a port 
 in the United States to any foreign port, other than vessels engaged 
 in trade between the L'nited States and the British North American 
 possessions, or the West India Islands, or the republic of ]\Iexico, and 
 vessels of the burden of seventy-five tons or upward bound from a 
 
38 THE seaman's contract. 
 
 port on the Atlantic to a port on the Pacific, or vice versa, from per- 
 forming, himself, so far as his vessel is concerned, the duties of ship- 
 ping-commissioner under this Title. Whenever the master of any vessel 
 shall engage his crew, or any part of the same, in any collection- 
 district where no shipping-commissioner shall have been appointed, he 
 may perform for himself the duties of such commissioner. 
 
 *R. S. 4505. 
 June 7, 1872 (Sec. 3), S. L. 17, p. 262. 
 
 CLERKS OF COMMISSIONER. 
 
 Any shipping-commissioner may engage clerks to assist him in the 
 transaction of the business of the shipping-office, at his own proper 
 cost, and may, in case of necessity, depute such clerks to act for him 
 in his official capacity; but the shipping-commissioner shall be held 
 responsible for the acts of every such clerk or deputy, and will be per- 
 sonally liable for any penalties such clerk or deputy may incur by the 
 violation of any of the provisions of this Title ; and all acts done by a 
 clerk, as such deputy, shall be as valid and binding as if done by the 
 shipping-commissioner. 
 
 *R. S. 4506. 
 June 7, 1872 (Sec. 3), S. L. 17, p. 262. 
 
 SEAL OF COMMISSIONER. 
 
 Each shipping-commissioner shall provide a seal with which he shall 
 authenticate all his official acts, on which seal shall be engraved the 
 arms of the United States, and the name of the port or district for 
 which he is commissioned. Any instrument, either printed or written, 
 purporting to be the official act of a shipping-commissioner, and pur- 
 porting to be under the seal and signature of such shipping-commis- 
 sioner, shall be received as presumptive evidence of the official char- 
 acter of such instrument, and of the truth of the facts therein set 
 forth. 
 
 R. S. 4507. 
 June 7, 1872 (Sec. 4), S. L. 17, p. 263. 
 
 OFFICE OF COMMISSIONER. 
 
 Every shipping-commissioner shall lease, rent, or procure, at his 
 own cost, suitable premises for the transaction of business, and for 
 the preservation of the books and other documents connected there- 
 with; and these premises shall be styled the shipping-commissioner's 
 office. 
 
THE seaman's contract. 39 
 
 *MARCH 3, 1897 (SEC. 1). 
 
 S. L. 29, p. 687 (R. S. 4507). 
 
 Sec. 4:>07. The Secretary of the ^Treasury shall assign in public 
 buildings or otherwise procure suitable offices and rooms for the ship- 
 ment and discharge of seamen, to be known as shipping-commissioners' 
 offices, and shall procure furniture, stationery, printing, and other 
 requisites for the transaction of the business of such offices. 
 
 * "Commerce and Labor" — Feb. 14, 1903, Sec. 10; "Commerce" — March 4, 
 1913, Sec. 1. 
 
 *R. S. 4508. 
 June 7, 1872 (Sec. 4), S. L. 17, p. 263. 
 
 DUTIES OF COMMISSIONER. 
 
 The general duties of a shipping-commissioner shall be : 
 
 First. To afford facilities for engaging seamen by keeping a register 
 of their names and characters. 
 
 Second. To superintend their engagement and discharge, in manner 
 prescribed by law. 
 
 Third. To provide means for securing the presence on board at the 
 proper times of men who are so engaged. 
 
 Fourth. To facilitate the making of apprenticeships to the sea 
 service. 
 
 Fifth. To perform such other duties relating to merchant seamen or 
 merchant ships as are now or may hereafter be required by law. 
 
 *R. S. 4554. 
 June 7, 1872 (Sec. 25), S. L. 17, p. 2Q . 
 
 COMMISSIONER TO ACT AS ARBITER. 
 
 Every shipping-commissioner shall hear and decide any question 
 whatsoever between a master, consignee, agent, or owner, and any of 
 his crew, which both parties agree in writing to submit to him; and 
 every award so made by him shall be binding on both parties, and 
 shall, in any legal proceedings which may be taken in the matter, 
 before any court of justice, be deemed to be conclusive as to the rights 
 of parties. And any document under the hand and official seal of a 
 commissioner purporting to be such submission or award, shall be 
 prima-facie evidence thereof. 
 
40 THE seaman's coxtract. 
 
 R. S. 4592. 
 June 7, 1872 (Sec. 3), S.L. 17, p. 2f)3. 
 
 FEES OF COMMISSIONER. 
 
 *Fees not exceeding the sums specified in the tables marked "C" and 
 "D" in the schedule annexed to this Title, shall be payable upon all 
 engagements and discharges and apprenticeships effected before any 
 shipping-commissioner. Each shipping-commissioner shall cause a scale 
 of the fees payable to be prepared, and to be conspicuously placed in 
 the shipping-office, and may refuse to proceed with any engagement or 
 discharge unless the fees payable thereon are first paid. 
 
 * Fees abolished— June 19, 1886, Sec. 1. 
 
 R. S. 4593. 
 June 7, 1872 (Sec. 6), S. L. 17, p. 263. 
 
 PAYMENT OF FEES. 
 
 *Every owner, consignee, agent, or master of a vessel engaging or 
 discharging any seaman in a shipping-office, or before a shipping- 
 commissioner, shall pay to the shipping-commissioner the whole of the 
 fees hereby made payable in respect of such engagement or discharge; 
 and may, for the purpose of in part reimbursing himself, deduct, in 
 respect to each such engagement or discharge, from the wages of all 
 persons except apprentices, so engaged or discharged, and retain, any 
 stims not exceeding the sums specified in that behalf in the table 
 marked "E" in the schedule annexed to this Title. 
 
 ■ Fees abolished — June 19, 1886, Sec. 1. 
 
 *R. S. 4594, 
 June 7, 1872 (Sec. 66), S. L. 17, p. 277. 
 i-uriT OF officer's compensation. 
 In no case shall the salary, fees, and emoluments of any officer ap- 
 pointed under this Title be more than five thousand dollars per annum ; 
 and any additional fees shall be paid into tht Treasury of the I'nited 
 States. 
 
 -R. S. 4595. 
 June 7, 1872 (Sec. 7), S. L. 17, p. 263. 
 
 PENALTY FOR TAKINC UNLAWFUL FEES. 
 
 Every shipping-commissioner, and every clerk or emplove in any 
 shipping-office, who demands or receives any remuneration whatever, 
 either directly or indirectly, for hiring or supplying any seaman for 
 any merchant-vessels, excepting the lawful fees payable under this 
 Title, shall, for every such offense, be liable to a penalty of not more 
 than two hundred dollars. 
 
THE seaman's coxtract. 41 
 
 *JU\E 19,'i88r> (SEC 1). 
 S. L. 24, p. 79. 
 
 FEES ABOLISHED. 
 
 On and after July first, eighteen hundred and eight}-six, no fees 
 shall be charged or collected by collectors or other officers of customs, 
 or by inspectors of steam-\ essels or shipping-commissioners, for the 
 following services to vessels of the United States, to wit : }ileasure- 
 ment of tonnage and certifying the same ; issuing of license or grant- 
 ing of certificate of registry, record, or enrollment, including all 
 indorsements on the same and bond and oath ; indorsement of change 
 of . master : certifying and receiving manifest, including master's oath 
 and permit : granting permit to vessels licensed for the fisheries to 
 touch and trade : granting certificate of payment of tonnage dues ; 
 recording bill of sale, mortgage, hypothecation, or conveyance, or the 
 discharge of such mortgage or hypothecation; furnishing certificate of 
 title : furnishing the crew list, certificate of protection to seamen : bill 
 of health : shipping or discharging of seamen, as provided by Title 
 fifty-three of the Revised Statutes R. S. 4501-4612 and section two of 
 this Act ; apprenticing boys to the merchant service ; inspecting, exam- 
 ining, and licensing steam-vessels, including inspection certificate' and 
 copies thereof; and licensing of master, engineer, pilot, or mate of a 
 vessel; and all provisions of laws authorizing or requiring the collec- 
 tion of fees for such ser\ices are repealed, such repeal to take effect 
 July first, eighteen hundred and eighty-six. Collectors or other officers 
 of customs, inspectors of steam-vessels, and shipping-commissioners 
 who are paid wholly or partl\- by fees shall make a detailed report of 
 such services, and the fees provided by law to the Secretary of the 
 Treasur)-, under such regulations as that officer may prescribe : and the 
 Secretary of the Treasury shall allow and pay, from any money in the 
 Treasur\- not otherwise appropriated, said officers such compensation 
 for said --ervices as each would have received prior to the passage of 
 this Act ; also such compensation to clerks of shipping-commissioners 
 as would have been paid them had thi'^ Act not passed : Proi'ided. 
 That such services have, in the opinion of the Secretary of the Treas- 
 ur>'. been neces.Sarily rendered. 
 
42 THE seaman's contkact. 
 
 SHIPPING ARTICLES. 
 
 (See also "Shipping Commissioner" and "Scale of Provisions.") 
 
 *R. S. 4511. 
 June 7, 1872 (Sec. 12), S. L. 17, p. 264. 
 
 PARTICULARS OF SHIPPING ARTICLES. 
 
 The master of every vessel bound from a port in the United States 
 to any foreign port other than vessels engaged in trade between the 
 United States and the British North American possessions, or the 
 West India Islands, or the repubHc of Mexico, or of any vessel of the 
 burden of seventy-five tons or upward, bound from a port on the 
 Atlantic to a port on the Pacific, or vice versa, shall, before he pro- 
 ceeds on such voyage, make an agreement, in writing or in print, with 
 every seaman whom he carries to sea as one of the crew, in the man- 
 ner hereinafter mentioned; and every such agreement shall be, as near 
 as may be, in the form given in the table marked A, in the schedule 
 annexed to this Title, and shall be dated at the time of the first signa- 
 ture thereof, and shall be signed by the master before any seaman 
 signs the same, and shall contain the following particulars : 
 
 First: The nature and, as far as practicable, the dyration of the 
 intended voyage or engagement, and the port or country at which the 
 voyage is to terminate. 
 
 Second. The -number and description of the crew, specifying their 
 respective employments. 
 
 Third. The time at which each seaman is to be on board, to begin 
 work. 
 
 Fourth. The capacity in which each seaman is to serve. 
 Fifth. The amount of wages which each seaman is to receive. 
 Sixth. A scale of the provisions which are to be furnished to each 
 seaman. 
 
 Seventh. Any regulations as to conduct on board, and as to fines, 
 short allowance of provisions, or other lawful punishments for miscon- 
 duct, which may be sanctioned by Congress, which the parties agree 
 to adopt. 
 
 Eighth. Any stipulations in reference to *advance and allotment of 
 wages, or other matters not contrary to law. 
 
 * Advance prohibited— June 26, 1884, Sec. 10. 
 
THE seaman's contract. 43 
 
 *MARCH 3, 1897 (SEC. 19). 
 S. L. 29, p. 691. 
 
 STIPULATIONS IN SHIPPING ARTICLES. 
 
 That article seven of section forty-five hundred and eleven of the 
 Revised Statutes be, and is hereby, amended to read: 
 
 "Seventh. Any regulations as to conduct on board and as to fines, 
 short allovv^ances of provisions, or other lawful punishments for mis- 
 conduct, which may be sanctioned by Congress or authorized by the 
 Secretary of the *Treasury not contrary to or not otherwise provided 
 for by law, which the parties agree to adopt." 
 
 * "Commerce and Labor" — Feb. 14, 1903, Sec. 10. "Commerce" — Mar. 4, 
 1913, Sec. 1. 
 
 JAN. IS, 1873. 
 S. L. 17, p. 410. 
 
 SECTION SHALL NOT APPLY TO CERTAIN VESSELS. 
 
 That section twelve of the act entitled "An act to authorize the 
 appointment of shipping-commissioners,'' etc., approved June seven, 
 eighteen hundred and seventy-two, be amended by adding to said sec- 
 tion the following proviso : "Provided further, That this section shall 
 not apply to masters of vessels when engaged in trade between the 
 United States and the British North American possessions, or the 
 West India Islands, or the Repubhc of Mexico." 
 
 NOTE — The terms of this amendment are included in the reprint of 
 R. S. 4511, page 42. 
 
 JUNE 9, 1874. 
 S. L. 18, p. 64. 
 
 NONE OF THE PROVISIONS OF THE SHIPPING-COMMISSIONERS' ACT SHALL 
 APPLY TO VESSELS IN THE COASTWISE OR LAKE-GOING TRADE. 
 
 That none of the provisions of an Act entitled "An Act to authorize 
 the appointment of shipping-commissioners by the several circuit courts 
 of the United States to superintend the shipping and discharge of sea- 
 men engaged in merchant ships belonging to the United States, and 
 for the further protection of seamen" shall apply to sail or steam ves- 
 sels engaged in the coastwise trade (except the coastwise trade between 
 the Atlantic and Pacific Coasts), or in the Lake-going trade touching 
 at foreign ports or otherwise, or in the trade between the United 
 States and the British North American possessions, or in any case 
 where the seamen are by custom or agreement entitled to participate 
 in the profits or result of a cruise or voyage. 
 
44 THE seaman's contract. 
 
 =^=JUNE 19, 1886 (SEC. 2). 
 S. L. 24, p. 80. 
 
 SHIPPING-COMMISSIONERS MAY SHIP AND DISCHARGE CREWS IN' 
 COASTWISE TRADE. 
 
 That shipping-commissioners may ship and discharge crews for any 
 vessel engaged in the coastwise trade, or the trade between the United 
 States and the Dominion of Canada, or Newfoundland, or the West 
 Indies, or the Republic of ^Mexico, at the request of the master or 
 owner of such vessel, *the shipping and discharging fees in such cases 
 to be one-half that prescribed by section forty-six hundred and twelve 
 of the Revised Statutes, for the' purpose of determining the compensa- 
 tion of shipping-commissioners. 
 
 * Fees abolished— June 19, 1886, Sec. 1. 
 
 -R. S. 4512. 
 June 7, 1872 (Sec. 13), S. L. 17, p. 265. 
 
 RULES FOR SHIPPING .\RTICLES. 
 
 The following rules shall be observed with respect to agreements : 
 
 Fir,st. Every agreement, except such as are otherwise specially pro- 
 vided for, shall be signed by each seaman in the presence of a ship- 
 ping-commissioner. 
 
 Second. When the crew is first engaged the agreement shall be 
 signed in duplicate, and one part shall be retained by the shipping- 
 commissioner, and the other part shall contain a special place or form 
 for the description and signatures of persons engaged subsequently to 
 the first departure of the ship, and shall be delivered to the master. 
 
 Third. Every agreement entered into before a shipping-commis- 
 sioner shall be acknowledged and certified under the hand and offi- 
 cial seal of such commissioner. The certificate of acknowledgment 
 shall be indorsed on or annexed to the agreement ; and shall be in 
 the following form : 
 "State of . County of : 
 
 "On this day of , personally appeared before me, 
 
 a shipping-commissioner in and for the said county, A. B., C. D., and 
 E. F., severally known to me to be the same persons who executed the 
 foregoing instrument, who each for himself acknowledged to me 
 that he had read or had heard read the same; that he was by me 
 made acquainted with the conditions thereof, and understood the 
 same ; and that, while sober and not in a state of intoxication, he 
 signed it freely and voluntarily, for the uses and purposes therein 
 mentioned." 
 
THE seaman's contract. 45 
 
 *R. S. 4513. 
 June 7, 1S72 (Sec. 12), S. L. 17, p. 264; Feb. 27. 1877, S. L. 19, p. 252. 
 
 EXCEPTIOX AS TO SHIPPING ARTICLES. 
 
 Section forty-five hundred and eleven shall not apply to masters 
 of vessels where the seamen are by custom or agreement entitled 
 to participate in the profits or result of a cruise or voyage, nor to 
 masters of coastwise nor to masters of lake-going vessels that touch 
 at foreign ports; but seamen may, by agreement, serve on board 
 such vessels a definite time, or, on the return of any vessel to a port 
 in the United States, may reship and sail in the same \essel on 
 another voyage, without the payment of additional fees to the 
 shipping-commissioner, by either the seamen or the master. 
 
 -R. S. 4514. 
 June 7, 1872 (Sec. 14), S. L. 17, p. 265. 
 
 PEX.VLTY FOR SHIPPING WITHGLFT AGREEifENT. 
 
 If any person shall be ■ carried to sea, as one of the crew on 
 board of any vessel making a voyage as hereinbefore specified, 
 without entering into an agreement with the master of such vessel, 
 in the form and manner, and at the place and times in such cases 
 required, the vessel shall be held liable for each such offense to a 
 penaltv of not more' than two hundred dollars. But the vessel 
 shall not be held liable for any person carried to sea, who shall have 
 secre::> stowed away himself without the knowledge of the master, 
 mate, or of any of the officers of the vessel, or who shall have 
 falselv personated himself to the master, mate, or officers of the 
 \esse!, for the purpose of being carried to sea. 
 
 *R. S. 4515. 
 
 June 7, 1872 (Sec. 14), S. L. 17, p. 265. 
 
 PENALT'i' FOR KNOWINGLY SHIPPING SE.VMEN WITHOUT ARTICLES. 
 
 If any master, mate, or other officer of a vessel knowingly receives, 
 or accepts, to be entered on board of any merchant vessel, any 
 seaman who has been engaged or supplied contrary to the provisions 
 of this Title, the vessel on board of which such seaman shall be 
 found shall, for every such seaman, be liable to a penalty of not 
 more than two hundred dollars. 
 
46 THE seaman's contract. 
 
 *R. S. 4517. 
 June 7, 1872 (Sec. 15), S. L. 17, p. 265. 
 
 SHIPPING SEAMEN IN FOREIGN PORTS. 
 
 Every master of a merchant-vessel who engages any seaman at a 
 place out of the United States, in which there is a consular officer 
 or commercial agent, shall, before carrying such seaman to sea, 
 procure the sanction of such officer, and shall engage seamen in his 
 presence; and the rules governing the engagement of seamen before 
 a shipping commissioner in the United States, shall apply to such 
 engagements made before a consular officer or commercial agent; and 
 upon every such engagement the consular officer or commercial agent 
 shall indorse upon the agreement his sanction thereof, and an attesta- 
 tion to the effect that the same has been signed in his presence, and 
 otherwise duly made. 
 
 *JUNE 26, 1884 (SEC. 19). 
 S. L. 23, p. 53. 
 
 SHIPMENT IN PORT OF UNITED STATES FOR FOREIGN VOYAGE. 
 
 That a master of a vessel in the foreign trade may engage a sea- 
 man at any port in the United States, in the manner provided by 
 law, to serve on a voyage to any port, or for the round trip from 
 and to the port of departure, or for a definite time, whatever the 
 destination. The master of a vessel making regular and stated 
 trips between the United States and a foreign country may engage 
 a seaman for one or more round trips, or for a definite time, or on 
 the return of said vessel to the United States may reship such sea- 
 man for another voyage in the same vessel, in the manner provided 
 by law, without the payment of additional fees to any officer for 
 such reshipment or re-engagement. 
 
 *JUNE 26, 1884 (SEC. 20). 
 S. L. 23, p. 53. 
 
 SHIPMENT IN FOREIGN PORT FOR ONE OR MORE ROUND TRIPS. 
 
 That every master of a vessel in the foreign trade mav engage any 
 seaman at any port out of the United States, in the manner provided 
 by law, to serve for one or more round trips from and to the port of 
 departure, or for a definite time, whatever the destination; and the 
 master of a vessel clearing from a port of the United States with one 
 or more seamen engaged in a foreign port as herein provided shall 
 not be required to reship in a port of the United States the seamen so 
 
THE seaman's contract. 47 
 
 engaged, or to give bond, as required by section forty-five hundred 
 and seventy-six of the Revised Statutes, to produce said seamen before 
 a boarding-officer on the return of said vessel to the United States. 
 
 *R. S. 4518. 
 June 7, 1872 (Sec. 15), S. L. 17, p. 265. 
 
 PENALTY FOR VIOLATING PRECEDING SECTION. 
 
 Every master who engages any seaman in any place in which there 
 is a consular officer or commercial agent, otherwise than as required 
 by the preceding section, shall incur a penalty of not more than one 
 hundred dollars, for which penalty the vessel shall be held liable. 
 
 *R. S. 4519. 
 June 7, 1872 (Sec. 20), S. L. 17, p. 266. 
 
 POSTING COPY OF AGREEMENT (FORECASTLE CARD). 
 
 The master shall, at the commencement of every voyage or engage- 
 ment, cause a legible copy of the agreement, omitting signatures, to 
 be placed or posted up in such part of the vessel as to be accessible 
 to the crew ; and on default shall be liable to a penalty of not more 
 than one hundred dollars. 
 
 *R. S. 4520. 
 July 20, 1790 (Sec. 1), S. L. 1, p. 131; June 7, 1872 (Sec. 12), 
 
 S. L. 17, p. 264. 
 
 SHIPPING ARTICLES FOR VESSELS IN COASTING TRADE. 
 
 Every master of any vessel of the burden of fifty tons or upward, 
 bound from a port in one State to a port in any other than an adjoin- 
 ing State, except vessels of the burden of seventy-five tons or upward, 
 bound from a port on the Atlantic to a port on the Pacific, or vice 
 versa, shall, before he proceeds on such Voyage, make an agreement 
 in writing or in print, with eveiy seaman on board such vessel except 
 such as shall be apprentice or servant to himself or owners, declaring 
 the voyage or term of time for which such seaman shall be shipped. 
 
 *R. S. 4521. 
 July 20, 1790 (Sec. 1), S. L. 1, p. 131. 
 
 PENALTY FOR SHIPPING WITHOUT ARTICLES. 
 
 If any master of such vessel of the burden of fifty tons or upward 
 shall carry out any seaman or mariner, except apprentices or servants, 
 without such contract or agreement being first made and signed by 
 
48 THE seaman's contract. 
 
 the seaman, such master shall pay to , every such seaman the highest 
 price or wages which shall have been given at the port or place where 
 such seaman was shipped, for a similar voyage, within three months 
 next before the time of such shipping, if such seaman shall perform 
 such voyage ; or if not, then for such time as he shall continue to do 
 duty on board such vessel ; and shall moreover be liable to a penalty 
 of twenty dollars for every such seaman, recoverable, one-half to the 
 use of the person prosecuting for the same, and the other half to the 
 use of the United States. Any seaman who has not signed such a con- 
 tract shall not be bound by the regulations nor subject to the penalties 
 and forfeitures contained in this Title. 
 
 R. S. 4522. 
 July 20, 1790 (Sec. 2), S. L. 1, p. 131. 
 
 PENALTY FOR OMITTING TO BEGIN VOYAGE. 
 
 At the foot of every such contract to ship upon such a vessel of the 
 burden of fifty tons or upward, there shall be a memorandum in 
 writing of the day and the hour on which the seamen who ship and 
 subscribe shall render themselves on board to begin the voyage agreed 
 upon. If any seaman shall neglect to render himself on board the 
 vessel, for which he has shipped, at the time inentioned in such mem- 
 orandum, and if the master of the vessel shall, on the day on which 
 such neglect happened, make an entry in the log-book of such vessel, 
 of the name of such seaman, and shall in like manner note the time 
 that he so neglected to render himself, after the time appointed, then 
 every such seaman shall forfeit for every hour which he shall so 
 neglect to render himself, one day's pay, according to the rate of 
 wages agreed upon, to be deducted out of his wages. If any such sea- 
 man shall wholly neglect to render himself on board of such vessel, 
 or having rendered himself on board, shall afterward desert and 
 escape, so that the vessel proceed to sea without him, he shall be liable 
 to pay to the master, owner, or consignee of the vessel, a sum equal 
 to that paid to him by advance at the time of signing the contract, 
 over and besides the sum so advanced, both which sums shall be re- 
 coverable in any court, or before any justice of any State, city, town, 
 or county within the United States, which, by the laws thereof, have 
 cognizance of debts of equal value, against such seaman or mariner, 
 or his surety or sureties, in case he shall have given surety to proceed 
 the voyage. 
 
THE SEAMAN S CONTRACT. 
 
 49 
 
 *DEC. 21. 1898 (SEC. 2). 
 
 S. L. 30, p. yy? (R. S. 4522). 
 
 At the foot of every such contract to ship upon such a vessel of the 
 burden of fifty tons or upward there shall be a memorandum in writing 
 of the day and the hour when such seaman who shipped and sub- 
 scribed shall render himself on board to begin the voyage agreed upon. 
 If any seaman shall neglect to render himself on board the vessel for 
 which he shipped at the time mentioned in' such memorandum without 
 giving twenty-four hours' notice of his inabilitv to do so, and if the 
 master of the vessel shall, on the day in which such neglect happened, 
 make an entry in the log-book of such vessel of the name of such sea- 
 man, and shall in like manner note the time that he so neglected to 
 render himself after the time appointed, then every such seaman shall 
 forfeit for every hour which he shall so neglect to render himself 
 one-half of one day's pay, according to the rate of wages agreed upon, 
 to be deducted out of his wages. If anv such seaman shall whollv 
 neglect to render himself on board of such \essel, or having rendered 
 himself on board shall afterward desert, he shall forfeit all of his 
 wages or emoluments which he has then earned. (This section is not 
 applicable to fishing or whaling vessels or yachts.) 
 
 -R. S. 4523. 
 July 20. 1840, .S. L. 5, p. 395 : June 7, 1872 (Sec. 15), S. L. 17, p. 265. 
 uxL.\WFUL sinr.\rE,\TS void. 
 All shipments of seamen made contrary to the provisions of any 
 act of Congress shall be void ; and any seaman so shipped may leave 
 the service at any time, and shall be entitled to recover the highest 
 rate of wages of the port from which the seamart was shipped, or the 
 sum agreed to be given him at his shipment. 
 
 *R. S. 4573. 
 
 Feb. 28, 1803 (Sec. 1), S. L. 2, p. 203; April 4. 1840 (Sec. 2), 
 
 S. L. 5, p. 370. 
 
 LIST OF CREW TO BE DICLIVERED TO Ci )r. LECTOR. 
 
 Before a clearance is granted to any vessel bound on a foreign 
 voyao'e or engaged in the whale-fishery, the master thereof shall de- 
 liver to the collector of the customs a list containing the names, iilaces 
 of birth and residence, and description of the persons who compose 
 his ship's company; to which list the oath of the captain shall be 
 annexed, that the list contains the names of his crew, together with 
 
50 THE seaman's contract. 
 
 the places of their birth and residence, as far as he can ascertain them ; 
 and the collector shall deliver him a certified copy thereof, *for which 
 the collector shall be entitled to receive the sum of twenty-five cents. 
 
 ♦Fees abolished— June 19, 1886, Sec. 1. 
 
 *R. S. 4574. 
 March 3, 1813 (Sec. 3), S. L. 2, p. 809. 
 
 CERTIFICATE TO LIST. 
 
 In all cases of private vessels of the United States saihng from a 
 port in the United States to a foreign port, the list of the crew shall 
 be examined by the collector for the district from which the vessel 
 shall dear, and, if approved of by him, shall be certified accordingly. 
 No person shall be admitted or employed on board of any such vessel 
 unless his name shall have been entered in the list of the crew, ap- 
 proved and certified by the collector for the district from which the 
 vessel shall clear. The collector, before he delivers the list of the crew, 
 approved and certified, to the m.aster or proper officer of the vessel to 
 which the same belongs, shall cause the same to be recorded in a book 
 by him for that purpose to be provided, and the record shall be open 
 for the inspection of all persons, and a certified copy thereof shall be 
 admitted in evidence in any court in which any question may arise 
 under any of the provisions of this Title. 
 
 *R. S. 4575. 
 July 20, 1840, S. L. 5, pp. 394, 395, 397; Feb. 27, 1877, S. L. 19, p. 252. 
 
 RULES AS TO LIST OF CREW. 
 
 The following rules shall be observed with reference to vessels 
 bound on any foreign voyage : 
 
 First. The duplicate list of the ship's company, required to be made 
 out by the master and delivered to the collector of the customs, under 
 section forty-five hundred and seventy-three, shall be a fair copy in 
 one uniform handwriting, without erasure or interlineation. 
 
 Second. It shall be the duty of the owners of every such vessel to 
 obtain from the collector of the customs of the district from which the 
 clearance is made, a true and certified copy of the shipping-articles, 
 containing the names of the crew, which shall be written in a uniform 
 hand, without erasures or interlineations. 
 
 Third. These documents, which shall be deemed to contain all the 
 conditions of contract with the crew as to their service, pay, voyage, 
 and all other things, shall be produced by the master, and laid before 
 
THE SEAMAN S CONTRACT. 51 
 
 any consul, or other commercial agent of the United States, whenever 
 he may deem their contents necessary to enable him to discharge the 
 duties imposed upon him by law toward any mariner applying to him 
 for his aid or assistance. 
 
 Fourth. All interlineations, erasures, or writing in a hand dififerent 
 from that in which such duplicates were originally made, shall be 
 deemed fraudulent alterations, working no change in such papers, 
 unless satisfactorily explained in a manner consistent with innocent 
 purposes and the provisions of law which guard the rights of mariners. 
 
 Fifth. If any master of a vessel shall proceed on a 'foreign voyage 
 without the documents herein required, or refuse to produce them when 
 required, or to perform the duties imposed by this section, or shall 
 violate the provisions thereof, he shall be liable to each and every indi- 
 vidual injured thereby in damages, to be recovered 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. 
 
 Sixth. It shall be the duty of the boarding-officer to report all viola- 
 tions of this section to the collector of the port where any vessel may 
 arrive, and the collector shall report the same to the Secretary of the 
 Treasury* and to the United States attorney in his district. 
 
 * "Commerce and Labor" — Feb. 14, 1903, Sec. 10. "Commerce" — Mar. 4, 
 1913, Sec. 1. 
 
 R. S. 4576. 
 Feb. 28, 1803 (Sec. 1), S. L. 2, p. 203. 
 
 BOND FOR RETURN OF SEAMEN. 
 
 The master of every vessel bound on a foreign voyage or engaged 
 in the whale-fishery, shall enter into bond, with sufficient security, in 
 the sum of four hundred dollars, that he shall exhibit the certified copy 
 of the list of the crew, to the first boarding-officer, at the first port in 
 the United States at which he shall arrive on his return, and also 
 produce the persons named therein to the boarding-officer ; whose duty 
 it shall be to examine the men with such list, and to report the same 
 to the collector; and it shall be the duty of the collector at the port 
 of arrival, where the same is different from the port from which the 
 vessel originally sailed, to transmit a copy of the list so reported to 
 him to the collector of the port from which such vessel originally 
 sailed. But such bond shall not be forfeited on account of the master 
 not producing to the first boarding-officer any of the persons contained 
 in the list, who may be discharged in a foreign country with the con- 
 sent of the consul, vice-consul, commercial agent, or vice-commercial 
 agent there residing, certified in writing, under his hand and official 
 
?J THE SEAMAN S COXTRACT. 
 
 seal, to be produced to the colleclor with the other persons composing 
 the crew ; nor on account of any such person dying or absconding, or 
 being forcibly impressed into other service, of which satisfactory proof 
 shall be then also exhibited to the collector. 
 
 *MARCH 3, 1897 (SEC. 3). 
 S. L. 29, p. 688 (R. S. 4576). 
 
 Sec. 457 f). The master of every vessel bound on a foreign vuyage 
 or engaged in the whale-fishery shall exhibit the certified cop}' of the 
 list of the crew to the first boarding-officer at the first port in the 
 United States at which he shall arrive on his return, and also produce 
 the persons named therein to the boarding-officer, whose duty it shall 
 be to examine the men with such list and to report the same to the 
 collector : and it shall be the duty of the collector at the port of arrn-al, 
 where the same is different from the port from which the vessel 
 originally sailed, to transmit a copy of the list so reported to him to 
 the collector of the port from which such vessel originally sailed. 
 For each failure to produce any person on the certified copy of the 
 list of the crew the master and owner shall be severally liable to a 
 penalty of four hundred dollars, to be sued for, prosecuted, and dis- 
 posed of in such manner as penalties and forfeitures which may be 
 incurred for offenses against the laws relating to the collection of 
 duties : but such penalties shall not be incurred on account of the 
 master not producing to the first boarding-officer any of the persons 
 c-ontained in the list who may have been discharged in a foreign 
 country with the consent of the consul, vice-consul, commercial agent, 
 or vice-commercial agent there residing, certified in writing, under his 
 hand and official seal, to be produced to the collector with the other 
 persons composing the crew, nor on account of any such person dying 
 or absconding or being forcibly impressed into other service of which 
 satisfactory proof shall also be exhibited to the collector. 
 
 *R. S. 4612. 
 
 June 7, 1872 (Sec. 65), S. L. 17, p. 
 
 //. 
 
 DEFINITIONS, SCHEDULE .\ND T.\BLES. 
 
 In the construction of this Title, every person having the command 
 of any vessel belonging to any citizen of the United States shall be 
 deemed to be the "master" thereof; and every person (apprentices 
 excepted) who shall be employed or engaged to sen-e in anv capacity 
 on board the same shall be deemed and taken to be a "seaman ;" and 
 the term "vessel" shall be understood to comprehend every description 
 of vessel navigating on any sea or channel, lake or river, to which the 
 
THE seaman's contract. S3 
 
 provisions of this Title may be applicable, and the term ''owner" shall 
 be taken and understood to comprehend all the several persons, if 
 more than one, to \\hom the vessel shall belong. 
 
 SCHEDULE. 
 
 T.VBLE A. 
 
 form of articles of ac.ree.mext. 
 United States of America. 
 
 (Date and place of first signature of agreement, including name of 
 shipping-office) : 
 
 It IS agreed between the master and seamen or mariners of the 
 , of which is at present master, or who- 
 ever shall go for master, now bound from the port of — . , 
 
 to . ( here the voyage is to be described, and the places 
 
 named at which the vessel is to touch, or if that cannot be done, the 
 general nature and probable length of the voyage is to be stated). 
 
 And the said crew agree to conduct themselves in an orderly, faith- 
 ful, honest, and sober manner, and to be at all times diligent in their 
 re'^pective duties, and to be obedient to the lawful commands of the 
 said master, or of any person who shall lawfully succeed him, and of 
 their superior officers in ever)-thing 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 supph- 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 
 AesseTs cargo or stores, shall be made good to the owner out of the 
 wage'- of the person guilty of the same; and if any person enters him- 
 self a> qualified for a dut}- which he proves himself incompetent to 
 perfonn. 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 c|uiet and orderlv manner, who shall thereupon take such steps as 
 the ca-e may require. And it is also agreed that (here any other 
 stipulations mav be inserted to which the parties agree, and which are 
 not contrary to law ) . 
 
 In witness whereof the said parties have subscribed their names 
 here'o, on the days against their respective signatures mentioned. 
 
 Si'jned by , master, on the day of . eighteen 
 
 hundred and . 
 
54 
 
 THE seaman's contract. 
 
 
 
 
 
 
 
 Descrip- 
 
 
 
 
 
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 Note. — In the place for signatures and descriptions of men engaged 
 after the first departure of the ship, the entries are to bfe 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 sub- 
 stituted for that of the shipping-master. 
 
 ACCOUNT OF APPRENTICES ON BOARD. 
 
 Christian and sur- 
 name of appren- 
 tice in full. 
 
 Date of registry 
 of indenture. 
 
 Port at which in- 
 denture was reg- 
 istered. 
 
 Date of register of 
 assignment. 
 
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 signment was reg- 
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 Table B. 
 certificate of discharge. 
 
 
 
 
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 c- S 
 
 & 
 
 o 
 
 *3 
 
 o 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 PM 
 
 a 
 
 u 
 
 p 
 
 o 
 
 a 
 
 
 Gu 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I certify that the above particulars are correct, and that the above- 
 named seaman was discharged accordingly. 
 
 Dated day of , eighteen hundred and . 
 
 (Signed) , Master. 
 
 (Countersigned) , Seaman. 
 
 Given to the above-named seaman in my presence this day of 
 
 , eighteen hundred and . 
 
 (Signed) 
 
 Shipping-Commissioner. 
 
the seaman s contract. 55 
 
 Table C. 
 
 FEES (SEARtEN). 
 
 Fee payable on engaging crew, for each member of the crew 
 (except apprentices) $2.00 
 
 Fee payable on discharging crew, for each member of crew 
 discharged 50 
 
 Table D. 
 
 FEES (apprentices). 
 
 For each boy apprenticed to the merchant service, including the 
 indenture $5.00 
 
 Table E. 
 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. 
 
 Note. — Collection of fees for shipment and discharge of seamen 
 aboHshed on and after July 1, 1886, by the Act, June 19, 1886 (Sec. 1). 
 
 AUGUST 19, 1890. 
 S. L. 26, p. 320. 
 
 SECTIONS GOVERNING SHIPMENT AND DISCHARGE OF CREWS IN COASTWISE 
 
 TRADE, WHEN SHIPPED AND DISCHARGED IN PRESENCE OF 
 
 SHIPPING-COMMISSIONER. 
 
 That when a crew is shipped by a shipping-commissioner for any 
 American vessel in the coastwise trade, or the trade between the 
 United States and the Dominion of Canada, or Newfoundland, or the 
 West Indies, or Mexico, as authorized by section two of an act ap- 
 proved June nineteenth, eighteen hundred and eighty-six, entitled an 
 act to abolish certain fees for official services to American vessels, and 
 to amend the laws relating to shipping-commissioners, seamen, and 
 owners of vessels, and for other purposes, an agreement shall be made 
 with each seaman engaged as one of such crew, in the same manner 
 and form as is provided by sections forty-five hundred and eleven and 
 forty-five hundred and twelve of the Revised Statutes for the shipment 
 of the crews of other vessels; and the provisions of sections forty-five 
 hundred and twenty-two, forty-five hundred and twenty-four, forty-five 
 hundred and twenty-five, forty-five hundred and twenty-six, forty-five 
 hundred and twenty-seven, forty-five hundred and twenty-eight, forty- 
 
56 THE seaman's contract. 
 
 five hundred and fifty-four, forty-five hundred and ninety-six, forty-five 
 hundred and ninety-seven, forty-five hundred and ninety-eight, forty- 
 five hundred and ninety-nine, forty-six hundred and one, forty-six 
 hundred and two, forty-six hundred and three, forty-six hundred and 
 four, forty-six hundred and five, forty-six hundred and ten, and forty- 
 six hundred and twelve of the Revised Statutes shall extend to and 
 embrace such vessels in the coastwise trade and the trade between 
 the United States and the Dominion of Canada, or Newfoundland, or 
 the \^'est Indies, or Mexico, where their crews have been shipped by 
 a shipping-commissioner, to the same extent and with the same force 
 and effect as if said vessels had been mentioned and embraced in the 
 language and terms of said sections. 
 
 *FEB. 18, 1895. 
 S. L. 28, p. 667, 
 
 "A\'hen a crew is shipped by a shipping-commissioner for any Amer- 
 ican vessel in the coastwise trade, or the trade between the United 
 States and the Dominion of Canada, or Newfoundland, or the West 
 Indies, or Mexico, as authorized by section two of an Act approved 
 June nineteenth, eighteen hundred and eighty-six, entitled "An Act to 
 abolish certain fees for official services to American vessels, and to 
 amend the laws relating to shipping-commissioners, seamen, and owners 
 of vessels, and for other purposes," an agreement shall be made with 
 each seaman engaged as one of such crew in the same manner as is 
 provided by Sections four thousand five hundred and eleven and four 
 thousand five hundred and twelve of the Revised Statutes, 
 
 not however including the sixth, seventh and eighth items of Section 
 four thousand five hundred and eleven ; * 
 
 and such agreement shall be posted as provided in Section four thou- 
 sand five hundred and nineteen, 
 
 and such seamen shall be discharged and receive their wages as 
 provided by the first clause of Section four thousand five hundred and 
 twent}"-nine and also by Sections four thousand five hundred and 
 twenty-six, four thousand five hundred and twenty-seven, four thou- 
 sand five hundred and twenty-eight, four thousand five hundred and 
 thirty, four thousand five hundred and thirty-five, four thousand five 
 hundred and thirty-six, four thousand five hundred and forty-two, four 
 thousand five hundred and forty-three, four thousand five hundred and 
 forty-four, four thousand five hundred and forty-five, four thousand 
 five hundred and forty-six, four thousand five hundred and forty- 
 seven, four thousand five hundred and forty-nine, four thousand five 
 
 * These items subsequently included by Acts March 3 1897 CSec 81 • 
 Dec. 2\, 1898 (Sec. 23), and March 4, 1915 (Sec. 11). ' \^ ■ ) , 
 
THE seaman's contract. 57 
 
 hundred and fifty, four thousand five hundred and fifty-one, four thou- 
 sand five hundred and fifty-two, four thousand five hundred and fifty- 
 three and four thousand five hundred and fifty-four of the Revised 
 Statutes ; 
 
 but in all other respects such shipment of seamen and such shipping 
 agreement shall be regarded as if both shipment and agreement had 
 been entered into between the master of a vessel and a seaman without 
 going before a shipping-commissioner : 
 
 Proznded, That the clothing of any seaman shall be exempt from 
 attachment, and that any person who shall detain such clothing" when 
 demanded by the owner shall be liable to a penalty of not exceeding 
 one hundred dollars." 
 
 *MAR. 3, 1897 (SEC. 8). 
 
 S. L. 29, p. 689. 
 
 That chapter ninety-seven of the laws of eighteen hundred and 
 ninety-five, entitled "An Act to amend an Act entitled 'An Act to 
 amend the laws relative to shipping-commissioners,' approved August 
 nineteenth, eighteen hundred and ninety," is amended by striking 
 therefrom the word "'seventh," in the eighteenth line artd inserting the 
 words "and four thousand six hundred and two" in the thirty-fourth 
 line after the words "four thousand five hundred and fifty-four." 
 
 *APRIL 11, 1904. 
 S. L. 33, p. 168. 
 
 ATT.\CHMEXT OF CLOTHING PROHIBITED. 
 
 That so much of the Act approved February 18, 1895, entitled "An 
 Act to amend an Act entitled 'An Act to amend the laws relative to 
 shipping-commissioners,' approved August 19, 1890, and for other 
 purposes" as reads "shall be liable to a penalty of not exceeding 
 $100" is hereby amended to read ''shall be deemed guilty of a mis- 
 demeanor, and shall be imprisoned not more than six months or 
 fined not more than $500, or both." 
 
 ^AUGUST 21, 1916 (SEC. 9). 
 S. L. 40, p. 529. 
 
 CANAL ZONE IN FOREIGN TRADE. 
 
 The laws relating to seamen of vessels of the United States on 
 foreign voyages shall apply to seamen of all vessels of the United 
 States at the Panama Canal Zone, whether such vessels be regis- 
 tered or enrolled and licensed, and the powers in respect of such 
 
58 THE seaman's contract. 
 
 seamen of such vessels bestowed by law upon consular officers of 
 the United States in foreign ports and upon shipping-commissioners 
 in ports of the United States are hereby bestowed upon the ship- 
 ping-commissioner and deputy shipping-commissioners on the Pan- 
 ama Canal Zone. 
 
 NOTE — Philippine Islands included in foreign trade by Act, July 1, 
 1902, S. 84. 
 
 ADVANCE AND ALLOTMENT. 
 
 R. S. 4531. 
 June 7, 1872 (Sec. 16), S. h. 17, p. 266. 
 
 ALLOTMENT OF WAGES. 
 
 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 per- 
 sons to whom such payments are to be made. 
 
 R. S. 4532. 
 June 7, 1872 (Sec. 17), S. L. 17, p. 266. 
 
 ADVANCES. 
 
 No advance of wages shall be made, or advance security given, to 
 any person, but to the seaman himself, or to his wife or mother, 
 and no advance of wages shall be made, or advance security given, 
 unless the agreement contains a stipulation for the same, and an 
 accurate statement of the amount thereof ; and no advance wages 
 or advance security shall be given to any seaman, except in the 
 presence of the shipping-commissioner. 
 
 R. S. 4533. 
 June 7, 1872 (Sec. 18), S. L. 17, p. 266. 
 
 RECOVERY IN CASE OF UNLAWFUL ADVANCE. 
 
 If any advance of wages is made or advance security given to 
 any seaman in any such manner as to constitute a breach of any 
 of the provisions of the two preceding sections, the wages of such 
 seaman shall be recoverable by him, as if no such advance had 
 been made or promised; and in the case of any advance security so 
 given, no person shall be sued thereon, unless he was a party to 
 such breach. 
 
THE seaman's contract. 59 
 
 R. S. 4534. 
 June 7, 1872 (Sec. 19), S. L. 17, p. 266. 
 
 DISCOUNT OF ADVANCE SECURITY. 
 
 Whenever any advance security is discounted for any seaman, 
 such seaman shall sign or set his mark to a receipt indorsed on the 
 security, stating the sum actually paid or accounted for to him by 
 the person discounting the same; and if the seaman sails in the 
 vessel from the port of departure mentioned in the security, and is 
 then duly earning his wages, or is previously discharged vv^ith the 
 consent of the master, but not otherwise, the person discounting 
 the security may, ten days after the final departure of the vessel 
 from the port of departure mentioned in the security, sue for and 
 recover the amount promised by the security, with costs, either 
 from the owner or from any agent who has drawn or authorized 
 the drawing of the security ; and in any such proceeding it shall be 
 sufficient for such person to prove that the security was given by 
 the owner or master, or some other authorized agent, and that the 
 same was discounted to and receipted by the seaman ; and the seaman 
 shall be presumed to have sailed in the vessel from such port, and to 
 be dulv earning his wages, unless the contrary is proved. 
 
 R. S. 4609. 
 June 7, 1872 (Sec. 11), S. L. 17, p. 264. 
 
 PENALTY FOR EXTORTION FOR OBTAINING EMPLOYMENT. 
 
 If any person shall demand or receive, either directly or indi- 
 rectly, from any seaman or other person seeking employment as a 
 seaman, or from any person on his behalf, any remuneration whatever 
 other than the fees hereby authorized, for providing him with employ- 
 ment, he shall, for every such offense, be liable to a penalty of not 
 more than one hundred dollars. 
 
 JUNE 26, 1884 (SEC. 10). 
 S. L. 23, p. 53. 
 
 ADVANCE ABOLISHED. 
 
 That it shall be, and is hereby, made unlawful in any case to pay 
 any seaman wages before leaving the port at which such seaman may 
 be engaged in advance of the time when he has actually earned the 
 same, or to pay such advance wages to any other person, or to pay 
 any person, other than an officer authorized by act of Congress to 
 collect fees for such service, any remuneration for the shipment of 
 
60 THE seaman's contract. 
 
 seamen. Any person paying such advance wages or such remunera- 
 tion shall be deemed guilty of a misdemeanor, and, upon conviction, 
 shall be punished by a fine not less than four times the amount of 
 the wages so advanced or remuneration so paid, and may be also im- 
 prisoned for a period not exceeding six months, at the discretion of 
 the court. The payment of such advance wages or remuneration shall 
 in no case, except as herein provided, absolve the vessel, or the mas- 
 ter or owner thereof, from the 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: Provided, That this section 
 shall not apply to whaling vessels. And provided further. That it 
 shall be lawful for an-f seaman to stipulate in his shipping agreement 
 for an allotment of any portion of the wages which he may earn to 
 his wife, mother, or other relative, but to no other person or corpora- 
 tion. And any person who shall falsely claim such relationship to any 
 seaman in order to obtain wages so allotted shall for every such 
 offense be punishable by a fine of not exceeding five hundred dollars, 
 or imprisonment not exceeding six months, at the discretion of the 
 court. This section shall apply as well to foreign vessels as to 
 vessels of the, United States; and any foreign vessel the master, owner, 
 consignee, or agent of which has violated this section, or induced or 
 connived at its violation, shall be refused clearance from any port 
 of the United States. 
 
 JUNE 19, 1886 (SEC. 3). 
 S. L. 24, p. 80. 
 
 ALLOTjrENT TO ORIGIN, \L CREDITOR. 
 
 That section ten of the Act entitled "An Act to remove certain bur- 
 dens on the American merchant marine and encourage the American 
 foreign carrying trade, and for other purposes," approved June 
 twenty-six, eighteen hundred and eighty-four, be amended by striking 
 out the words "That it shall be lawful for any seaman to stipulate in 
 his shipping agreement for an allotment of any portion of the wages 
 which he may earn to his wife, mother, or other relative, but to no 
 other person or corporation," and inserting in lieu thereof the follow- 
 ing: "That it shall be lawful for any seaman to stipulate in his ship- 
 ping agreement for an allotment of all or any portion of the waQ'es 
 which he may earn to his wife, mother, or other relative, or to an 
 original creditor in liquidation of any just debt for board or cloth- 
 ing which he riiay have contracted prior to engagement, not exceedino- 
 ten dollars per month for each month of the time usuallv required 
 for the voyage for which the seaman has shipped, under such reo-u- 
 lations as the Secretary of the Treasury may prescribe, but no allot- 
 
THE seaman's coxtract. 61 
 
 ment to any other person or corporation shall be lawful." And said 
 section ten is further amended by striking out all of the last para- 
 graph after the words "vessels of the United States," and inserting 
 in lieu of such words stricken out the following: "And. any master, 
 owner, consignee, or agent of any foreign \essel who has violated 
 this section shall be liable to the same penalty that the master, owner, 
 or agent of a vessel of the United States would be for a similar 
 violation."' 
 
 ACT, DEC. 21, 1898 (SEC. 24). 
 S. L. 30, p. TfK-,. 
 
 ADVANCE AND ALLOTMENT. 
 
 (a) It shall be, and is hereby, made unlawful in an\' case to pay 
 any seaman wages in advance of the time when he has actually earned 
 the same, or to pay such advance wages to any other person. Any 
 person paying such advance wages shall be deemed guilty of a mis- 
 demeanor, and upon conviction shall be punished by a fine not less 
 than four times the amount of the wages so advanced, and may also 
 be imprisoned for a period not exceeding six months, at the discretion 
 of the court. The payment of such advance wages shall in no case, 
 excepting as herein provided, absolve the vessel or the master or 
 owner thereof from 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 re- 
 ceive, 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 liable to a penalty of not more than one 
 hundred dollars. 
 
 (b) It shall be lawful for an>- seaman to stipulate in his shipping- 
 agreement for an allotment of any portion of the wages which he 
 may earn to his grandparents, parents, wife, sister, or children. But 
 no allotment whatever shall be allowed in the trade between the ports 
 of the United States (except as provided in subdivision c of this 
 section) or in trade between ports of the United States and the Do- 
 minion of Canada, Newfoundland, the West Indies and Mexico. 
 
 (c) It shall be lawful for any seaman engaged in a vessel bound 
 from a port on the Atlantic to a port on the Pacific o'r vice versa, 
 or in a vessel engaged in foreign trade, except trade between the 
 United States and the Dominion of Canada or Newfoundland or the 
 West Indies or the Republic of Mexico, to stipulate in his shipping 
 ao-reement for an allotment of an amount, to be fixed by regulation of 
 the Commissioner of Navigation, with the approval of the Secretary 
 
62 THE seaman's contract. 
 
 of the Treasury,* not exceeding one month's wages, to an original 
 creditor in liquidation of any just debt for board or clothing which 
 he may have contracted prior to engagement. «i' 
 
 (d) No allotment note shall be valid unless signed by and approved 
 by the shipping-commissioner. It shall be the duty of said commis- 
 sioner 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. 
 
 (e) 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 or shall make a false 
 statement of the nature or amount of any debt claimed to be due 
 from any seaman under this section shall for every such offense be 
 punishable by a fine not exceeding five hundred dollars or imprison- 
 ment not exceeding six months, at the discretion of the court. 
 
 (f) This section shall apply as well to foreign vessels 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 a similar violation : Provided, That treaties 
 in force between the United States and foreign nations do not conflict. 
 
 (g) Under the direction of the Secretary of Commerce and Labor** 
 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.] 
 
 * "Commerce and Labor" — Feb. 14, 1903, Sec. 10; "Commerce" — Mar. 4, 
 1913, Sec. 1. 
 
 ** "Commerce"— Mar. 4, 1913, Sec. 1. 
 
 APRIL 26, 1904. 
 S. L. 33, p. 308. 
 
 ADVANCE AND ALLOTMENT. 
 
 That so much of paragraph (a) of section 24 of the Act approved 
 December 21, 1898, entitled "An Act to amend the laws relating to 
 American seamen, for the protection of such seamen, and to promote 
 commerce," as reads: "If any person shall demand or receive, either 
 directly or indirectly, from any seaman or other person seeking em- 
 ployment as seaman, or from any person on his behalf, any remunera- 
 tion whatever for providing him with employment, he shall for every 
 such offense be liable to a penalty of not more than $100," is hereby 
 
THE seaman's contract. 63 
 
 amended to read: "If any person shall demand or receive, either 
 directly or indirectly, from any seaman or other person seeking em- 
 ployment as seaman, or from any person on his behalf, any remu- 
 neration 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." 
 
 *MARCH 4, 1915 (SEC. 11). 
 
 S. L. 38, p. 1168. 
 
 advance and allotment. 
 
 Sec. 11. That section twenty-four of the Act entitled "An Act to 
 amend the laws relating to American seamen, for the protection of 
 such seamen, and to promote commerce,'' approved December twenty- 
 first, eighteen hundred and ninety-eight, be, and is hereby, amended 
 to read as follows ; 
 
 Sec. 24. That section ten of chapter one hundred and twenty-one 
 of the laws of eighteen hundred and eighty-four, as amended by sec- 
 tion three of chapter four hundred and twenty-one of the laws of 
 eighteen hundred and eighty-six, be, and is hereby, amended to read 
 as follows : 
 
 Sec. 10 (a) That it shall be, and is hereby, made unlawful in any 
 case to pay any seaman wages in advance of the time when he has 
 actually earned the same, or to pay such advance wages, or to make 
 any order, or note, or other evidence of indebtedness therefor to any 
 other person, or to pay any person, for the shipment of seamen when 
 payment is deducted or to be deducted from a seaman's wages. 
 
 Anv person violating any of the foregoing provisions of this sec- 
 tion shall be deemed guilty of a misdemeanor, and upon conviction 
 shall be punished by a fine of not less than $25 nor more than $100, 
 and may also be imprisoned for a period of not exceeding six months, 
 at the discretion of the court. 
 
 The payment of such advance 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 pro- 
 viding 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. 
 
64 THE seaman's contract. 
 
 (b) That it shall be lawful for any seamin to stipulate in his ship- 
 ping agreement for an allotment oi any portion of the wages he may 
 earn to his grandparents, parents, wife, sister, or children. 
 
 (c) That 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 theni 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 pay- 
 ments to be made and the persons to whom the payments are to be 
 made. 
 
 (d) That 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 
 ofifense be punished by a fine not exceeding $500 or imprisonment not 
 exceeding six months, at the discretion of the court. 
 
 (e) That 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 
 a 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) That under the direction of the Secretary of Commerce tTie 
 Commissioner of Navigation shall make regulations to carry out this 
 section. 
 
 FORECASTLES. 
 
 AUGUST 5, 1882. 
 S. L. 22, p. 300 (R. S. 4153). 
 
 FORECA.STLE SPACE. 
 
 That section forty-one hundred and fifty-three of the Revised Stat- 
 utes of the United States be amended by inserting before the last para- 
 graph thereof, the following words : 
 
 That from the gross tonnage of every vessel of the United States 
 there shall be deducted the tonnage of the spaces or compartments 
 
THE SEAMAN'S CONTRACT. 65 
 
 occupied by or appropriated to the use of the crew of the vessel, but 
 the deduction for crew space shall not, in any case, exceed five per 
 centur.i of the gross tonnage. And in every such \'essel propelled by 
 steam or other power requiring engine-room there shall also be de- 
 ducted from the gross tonnage of the vessel the tonnage of the space 
 or spaces actually occupied by or required to be inclosed for the 
 proper working of the boilers and machinery, including the shaft trunk 
 or alley in screw-steamers, with the addition in the case of vessels 
 propelled with paddle-wheels of fifty per centum, and in the case of 
 vessels propelled by screws of seventy-five per centum of the tonnage 
 of such space, but in no Case shall the deductions from the gross ton- 
 nage exceed fifty per centum of such tonnage ; and the proper deduc- 
 tions irom the gross tonnage having been made, the remainder shall 
 be deemed the net or register tonnage of such vessels. 
 
 That the register or other official certificate of the tonnage or na- 
 tionality of a vessel of the United States in addition to what is now 
 required by law to be expressed therein, shall state separately the de- 
 ductions made from the gross tonnage, and shall also state the net or 
 register tonnage of the A-essel. But the outstanding registers or en- 
 rollments of vessels of the United States shall not be rendered void 
 bv the addition of such new statement of her tonnage, unless volun- 
 tarily surrendered, but the same may be added to the outstanding doc- 
 ument, or by an appendix thereto, with a certificate of a collector of 
 customs that the original estimate of tonnage is amended. 
 
 -.AIARCH 2, 1895 (SECS. 1, 3). 
 S. L. 28, p. 741 (R. S. 4153). 
 
 That section forty-one hundred and fifty-three of the Revised Stat- 
 utes of the United States be amended by inserting before the last para- 
 graph thereof the following words : 
 
 "That from the gross tonnage of every vessel of the United States 
 there shall be deducted — " 
 
 ( a I The tonnage of the spaces or compartments occupied by or 
 appropriated to the use of the crew of the vessel. Every place appro- 
 priated to the crew of the vessel shall have a space of not less than 
 seventv-two cubic feet and not less than twelve superficial feet, meas- 
 ured on the deck or floor of that place, for each seaman or apprentice 
 lodged therein. Such place shall be securely constructed, properly 
 licrhted, drained, and ventilated, properly protected from weather and 
 sea, and as far as practicable properly shut off and protected from the 
 effluvium of cargo or bilge water; and failure to comply with this pro- 
 vision shall subject the owner to a penalty of five hundred dollars. 
 E\ ery place so occupied shall be kept free from goods or stores of any 
 
66 THE seaman's contract. 
 
 kind not being the personal property of the crew in use during the 
 voyage; and if any such place is not so kept free the master shall for- 
 feit and pay to each seaman or apprentice lodged in that place the sum 
 of fifty cents a day for each day during which any goods or stores as 
 aforesaid are kept or stored in the place after complaint has been made 
 to him by any two or more of the seamen so lodged. No deduction 
 from tonnage as aforesaid shall be made unless there is permanently 
 cut in a beam and over the doorway of every such place the number of 
 men it is allowed to accommodate with these words, "Certified to 
 accommodate seamen." 
 
 Sec. 3. That the provisions of this Act requiring a crew space of 
 seventy-two cubic feet per man shall apply only to vessels the construc- 
 tion of which shall be begun after June thirtieth, eighteen hundred and 
 ninety-five. 
 
 *MARCH 3, 1897 (SEC. 2). 
 S. L. 29, p. 688. 
 
 Sec. 2. That on and after June thirtieth, eighteen hundred and 
 ninety-eight, every place appropriated to the crew of a seagoing vessel 
 of the United States, except a fishing vessel, yacht, a pilot boat, and 
 all vessels under two hundred tons register, shall have a space of not 
 less than seventy-two cubic feet and not less than twelve square feet 
 measured on the deck or floor of that place for each seaman or ap- 
 prentice lodged therein: Provided, That any such seagoing sailing 
 vessel, built or rebuilt after June thirtieth, eighteen hundred and 
 ninety-eight, shall have a space of not less than one hundred cubic feet 
 and not less than sixteen square feet measured on the deck or floor of 
 that space for each seaman or apprentice lodged therein. Such place 
 shall be securely constructed, properly lighted, drained, heated and 
 ventilated, properly protected from weather and sea, and, as far as 
 practicable, properly shut off and protected from the effluvium of 
 cargo 'or bilge water. 
 
 Fishing vessels, yachts, and pilot boats are hereby exempted from 
 the provisions of section one of chapter one hundred and seventy-three 
 of the laws of eighteen hundred and ninety-five, entitled "An Act to 
 amend section one of chapter three hundred and ninety-eio-ht of the 
 laws of eighteen hundred and eighty-two, entitled 'An Act to provide 
 for deductions from the gross tonnage of vessels of the United 
 States,' " so far as said section prescribes the amount of space which 
 shall be appropriated to the crew and provides that said space shall be 
 kept free from goods or stores not being the personal property of the 
 crew in use during the voyage. 
 
 And on and after June thirtieth, eighteen hundred and ninetv-eio-ht 
 
THE seaman's contract. 67 
 
 every steamboat of the United States plying upon the Mississippi River 
 or its tributaries shall furnish an appropriate place for the crew, 
 which shall conform to the requirements of this section so far as they 
 shall be applicable thereto by providing sleeping room in the engine 
 room of the steamboats properly protected from the cold, winds, and 
 rain by means of suitable awnings or screens on either side of the 
 guards or sides and forward, reaching from the boiler deck to the lower 
 or main deck, under the direction and approval of the Supervising 
 Inspector-General of Steam Vessels, and shall be properly heated. Any 
 failure to comply with this section shall subject the owner or owners 
 to a penalty of five hundred dollars. 
 
 *MARCH 4, 1915 (SEC. 6). 
 S. L. 38, p. 1165. 
 
 SPACE REQUIRED ON VESSELS BUILT AFTER MARCH 4, 1915. 
 
 Sec. 6. That on all merchant vessels of the United States the con- 
 struction of which shall be begun after the passage of this Act, except 
 yachts, pilot boats, or vessels of less than one hundred tons register, 
 every place appropriated to the crew of the vessel shall have a space 
 of not less than 120 cubic feet and not less than 16 square feet, meas- 
 ured on the floor or deck of that place, for each seaman or apprentice 
 lodged therein, and each seaman shall have a separate berth and not 
 more than one berth shall be placed one above another; such place or 
 lodging shall be securely constructed, properly lighted, drained, heated, 
 and ventilated, properly protected from weather and sea, and, as far 
 as practicable, properly shut off and protected from the effluvium of 
 cargo or bilge water. And every such crew space shall be kept free 
 from goods or stores not being the personal property of the crew' 
 occupying said place in use during the voyage. 
 
 In addition to the space allotment for lodgings hereinbefore pro- 
 vided, on all merchant vessels of the United States which in the 
 ordinary course of their trade make voyages of more than three days' 
 duration between ports, and which carry a crew of twelve or more 
 seamen, there shall be constructed a compartment, suitably separated 
 from other spaces, for hospital purposes, and such compartment shall 
 have at least one bunk for every twelve seamen, constituting her crew, 
 provided that not more than six bunks shall be required in any case. 
 
 Every steamboat of the United States plying upon the Mississippi 
 River or its tributaries shall furnish an appropriate place for the crew, 
 which shall conform to the requirements of this section, so far as 
 they are applicable thereto, by providing sleeping room in the engine- 
 room of such steamboat, properly protected from the cold, wind, and 
 
6S THE seaman's contract. 
 
 rain by means of suitable awnings or screens on either side of the 
 guards or sides and forward, reaching from the boiler deck to the 
 lower or main deck, under the direction and approval of the Super- 
 vising Inspector-General of Steam Vessels, and shall be properly 
 heated. 
 
 All merchant vessels of the United States, the construction of 
 which shall be begun after the passage of this Act having more than 
 ten men on deck must have at least one light, clean, and properly 
 ventilated washing place. There shall be provided at least one wash- 
 ing outfit for every two men of the watch. The washing place shall 
 be properly heated. A separate washing place shall be provided for 
 the fireroom and engine-room men, if their number exceed ten, which 
 shall be large enough to accommodate at least one-sixth of them at 
 the same time, and have hot and cold water supply and a sufficient 
 number of wash basins, sinks, and shower baths. 
 
 Any failure to comply with this section shall subject the owner 
 or owners of such vessel to a penalty of not less than $50 nor more 
 than $500: Provided, That forecastles shall be ftmiigated at such inter- 
 vals as may be provided by regulations to be issued by the Surgeon- 
 General of the Public Health Service, with the approval of the De- 
 partment of Commerce, and shall have at least two exits, one of which 
 may be used in emergencies. 
 
 SCALE OF PROVISIONS— SURVEY OF FOOD. 
 
 fSee also "Shipping Articles" and "Survey of Vessel.") 
 
 R. S. 4564. 
 July 20,4790'(Sec. 9), S. L.' 1, p. 135. 
 
 PROVISIONS. 
 
 Every vessel belonging to a citizen of the United States, bound on 
 a voyage across the Atlantic Ocean, shall, at the time of leaving the 
 last port from whence she sails, have on board, well secured under 
 deck, at least sixty gallons of water, one hundred pounds of salted flesh 
 meat, and one hundred pounds of wholesome ship-bread, for every 
 person on board such vessel, besides such other provisions, stores, and 
 live stock as shall by the master or passengers be put on board, and in 
 like proportion for shorter or longer vovages. 
 
THE SEAJIAN'S CONTRACT. 69 
 
 *DEC. 21, 1898 (SEC. 12). 
 S. L. 30, p. 758 (R. S. 4564). 
 
 COMPEXS.VTIOX FOR SHORTAGE. 
 
 Should any master or owner of an}- merchant vessel of the United 
 States neglect to provide a sufficient quantity of stores to last for a 
 voyage of ordinary duration to the port of destination, and in conse- 
 quence of such neglect the crew are compelled to accept a reduced 
 scale, such master or owner shall be liable to a penalty as provided in 
 section forty-tive hundred and sixty-eight of the Revised Statutes. 
 
 *R. S. 4565. 
 June 7, 1872 (Sec. 36), S. L. 17, p. 269. 
 
 EX.VMIXATIOX OF PROVISIOXS. 
 
 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, ma}' complain to any officer in command of any of the vessels 
 of the United States Xav}-, or consular officer of the United States, or 
 shipping-commissioner or chief officer of the customs, that the provi- 
 sions 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 ex- 
 amine the provisions or water, or cause them to be examined : and if, 
 on examination, such provi'^ions or water are found to be of bad qual- 
 ity 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 pro- 
 visions 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 requi- 
 site quantitv of any so certified to be insufficient in quantity, or uses 
 anv provisions or water which have been so certified as aforesaid to 
 be of bad qualitv 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. 
 
70 THE seaman's contract. 
 
 R. S. 4566. 
 June 7, 1872 (Sec. 37), S. L. 17, p. 269. 
 
 FORFEITURE FOR FALSE COMPLAINT. 
 
 If the ofificer to whom any such complaint, in regard to the provi- 
 sions or the water, is made, certifies in such statement that there was 
 no reasonable ground for such complaint, each of the parties so com- 
 plaining shall be liable to forfeit to the master or owner, out of his 
 wages, a sum not exceeding one week's wages. 
 
 *DEC. 21, 1898 (SEC. 13). 
 S. L. 30, p. 758 (R. S. 45'66). 
 
 PENALTY FOR UNREASONABLE COMPLAINT. 
 
 If the officer to whom any such complaint in regard to the provi- 
 sions or the water is made certifies in such statement that there was 
 no reasonable ground for such complaint, each of the parties so com- 
 plaining shall forfeit to the master or owner his share of the expense, 
 if any, of the survey. [This section shall not apply to fishing or 
 whaling vessels or yachts — Dec. 21, 1898, Sec. 26.] 
 
 *R. S. 4567. 
 June 7, 1872 (Sec. 38), S. L. 17, p. 269. 
 
 PERMISSION TO ENTER COMPLAINT. 
 
 If any seamen, while on board any vessel, shall state to the master 
 that they desire to make complaint, in accordance with the two pre- 
 ceding sections, in regard to the provisions or the water, to a compe- 
 tent 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. 
 
 R. S. 4568. 
 June 7, 1872 (Sec. 39), S. L. 17, p. 270. 
 
 ALLOWANCE FOR REDUCTION OF PROVISIONS. 
 
 If, during a voyage, the allowance of any of the provisions which 
 any seaman has, by his agreement, stipulated for, is reduced, except 
 in accordance with any regulations for reduction by way of punish- 
 
THE seaman's contract. 71 
 
 ment, contained in the agreement, and also for any time during which 
 such seaman willfully, and without sufficient cause, refuses or neglects 
 to perform his duty, or is lawfully under confinement for misconduct, 
 either on board or on shore ; or if it is shown that any of such provi- 
 sions are, or have been during the voyage, bad in quality and unfit for 
 use, the seaman shall receive by way of compensation for such reduc- 
 tion or bad quality, according to the time of its continuance, the fol- 
 lowing sums, to be paid to him in addition to and to be recoverable 
 as wages : 
 
 First. If his allowance is reduced by any quantity not exceeding 
 one-third of the quantity specified in the agreement, a sum not ex- 
 ceeding fifty cents a day. 
 
 Second. If his allowance is reduced by more than one-third of such 
 quantity, a sum not exceeding one dollar a day. 
 
 Third. In respect of bad quality, a sum not exceeding one dollar 
 a day. 
 
 But if it is shown to the satisfaction of the court before which the 
 case is tried, that any provisions, the allowance of which has been re- 
 duced, could not be procured or supplied in sufficient quantities, or 
 were unavoidably injured or lost, and that proper and equivalent sub- 
 stitutes were supplied in lieu thereof, in a reasonable time, the court 
 shall take such circumstances into consideration, and shall modify or 
 refuse compensation, as the justice of the case may require. 
 
 *DEC. 21, 1898 (SEC. 14). 
 S. L. 30, p. 758 (R. S. 4568). 
 
 If, during a voyage, the allowance of any of the provisions which 
 anv seaman is entitled to under section forty-six hundred and twelve 
 of the Revised Statutes is reduced except for any time during which 
 such seaman willfully and without sufficient cause refuses or neglects 
 to perform his duty, or is lawfully under confinement for misconduct 
 either on board or on shore; or if it shall be shown that any of such 
 provisions are, or have been during the voyage, bad in quality or 
 unfit for use, the seaman shall receive, by way of compensation for 
 such reduction or bad quality, according to the time of its continuance, 
 the following sums, to be paid to him in addition to and to be recover- 
 able as wages : 
 
 First. If his allowance is reduced by any quantity not exceeding 
 one-third of the quantity specified by law, a sum not exceeding fifty 
 cents a day. 
 
 Second. If his allowance is reduced by more than one-third of such 
 quantity, a sum not exceeding one dollar a day. 
 
/Z THE SEAAfAN S CdXTKACT. 
 
 Third. In respect to bad quality, a sum not exceeding one dollar 
 a day. 
 
 But if it is shown to the satisfaction of the court before which the 
 case is tried that any provisions, the allowance of which has been re- 
 duced, could not be procured or supplied in sufficient quantities, or 
 were unavoidably injured or lost, or if by reason of its innate tjualities 
 any article becomes unfit for use and that proper and equivalent sub- 
 stitutes were supplied in lieu thereof, the court shall take such circum- 
 stances into consideration and shall modify or refuse compensation, as 
 the justice of the case may require. [This section shall not apply to 
 fishing or whaling vessels or yachts — Dec. 21, 1898, Sec. 26.] 
 
 *R. S. 4571. 
 June 7, 1872 (Sec. 42), S. L. 17, p. 270. 
 
 WEIGHTS AND MEASURES. 
 
 Every master shall keep on board proper weights and measur-es for 
 the purpose of determining the quantities of the several provisions and 
 articles served out, and shall allow the same to be used at the time of 
 serving out such provisions and articles, in the presence of a witness, 
 whenever any dispute arises about such quantities, and in default shall, 
 for every offense, be liable to a penalty of not more than fifty dollars. 
 
 R. S. 4612. 
 June 7, 1872 (Sec. 65), S. L. 17, p. 277. 
 
 SCALE OF PROVISIONS TO BE ALLOWED. 
 
 Sunday . . . 
 Monday . . . 
 Tuesday . . 
 Wednesday 
 Thursday . 
 Friday . . . . 
 Saturday . . 
 
 H 
 
 Llis. 
 1 
 1 
 1 
 1 
 1 
 1 
 1 
 
 iy2 
 '1%' 
 
 Ph 
 
 I.bs 
 
 Lb 
 
 1/2 
 
 ft 
 
 Pts. 
 
 Pts 
 
 Ozs. 
 
 Vs 
 
 y« 
 
 ' Vs 
 
 % 
 
 Vs 
 
 % 
 
 Vs 
 
 Ozs, 
 
 1/2 
 
 1/2 
 
 % 
 
 V2. 
 
 % 
 
 V2 
 
 % 
 
 Oz^ 
 
 or changes, or substitution of one article for 
 
 (ITere any stipulation 
 another, may be inserted.) 
 
 SUBSTITUTES. 
 
 One ounce of cofifee, or cocoa, or chocolate, may be substituted for 
 one-quarter ounce of tea ; molasses for sugar, the quantity to he 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 sub- 
 stituted for each other. When fresh meat is issued, the proportion to 
 
THE SEAJCAN S CONTRACT. 
 
 73 
 
 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 pota- 
 toe-~. inions ^la^' be substituted. 
 
 *DEC. 21, 1898 (SEC. 23). 
 S. L. 30, p. 762 (R. S. 4612). 
 
 ARTICLES TO 1;E SUPPLIED, .\ND SUBSTITUTES THEREFOR. 
 
 Water quarts . . 
 
 Biscuit pound . . 
 
 Beef, salt pounds. . 
 
 Pork, sal t pound . . 
 
 Flour ■ pound. . 
 
 Canned meat pound. . 
 
 Fresh bread pounds . . 
 
 Fish, dry. preserved, or fresh. . .pound. . 
 
 Potatoes or yams pound. . 
 
 Canned potatoes pound. . 
 
 Peas pint. . 
 
 Beans pint. . 
 
 Rice pint.. 
 
 Coffee 'gieen berry) ounce.. 
 
 Tea ounce . . 
 
 Sugar ounces. . 
 
 IMola--.'-- .■; pint. . 
 
 nried fruit ounces . . 
 
 picl<l.^s pint. . 
 
 Mnesr.ir pint. . 
 
 Corn meal ounces. . 
 
 Onions ounces . . 
 
 I ,ard ounce . . 
 
 Butter ounce. . 
 
 Mustard, pepper, .3nd salt sufBcienti for 
 Reasoning 
 
 V2 
 1 
 
 iy2 
 
 1 
 
 i'hi' 
 
 4 
 "%' 
 
 'iii' 
 
 1 
 
 l»/3 
 
 % 
 
 Vs 
 
 4 
 
 1/2 
 1% 
 
 V2 
 
 1% 
 
 1 
 
 1 
 
 1/2 
 
 4 
 
 l" 
 
 1/1 
 
 SUBSTITUTES. 
 
 ' ):ie pound of flour daily may be substituted for the daily ration 
 of biscuit or fresh bread: two ounces of desiccated vegetables , for 
 one j>ound of potatoes or yams: six ounces of hominy, oatmeal, or 
 cracked wheat, or two ounces of tapioca, for six ounces of rice ; six 
 ounce- 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 ; 
 three-fourths 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 i.vheat 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 cab- 
 bat^e for one ration of canned tomatoes; one-half pound of fresh fruit 
 for one ration of dried fruit. Fresh fruit and vegetables shall be 
 
74 THE seaman's contract. 
 
 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 mserted 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. [Fishing or whaling vessels or yachts 
 exempt— Dec. 21, 1898, Sec. 26.] 
 
 *MARCH 4, 1915 (SEC. 10). 
 S. L. 38, p. 1168 (R. S. 4612). 
 scale of provisions. 
 That section twenty-three of the Act entitled ''An Act to amend 
 the laws relating to American seamen, for the protection of such 
 seamen, and to promote commerce," approved December twenty-first, 
 eighteen hundred and ninety-eight, be, and is hereby, amended as 
 regards the items of water and butter, so that in lieu of a daily re- 
 quirement of four quarts of water there shall be a requirement of five 
 quarts of water every day, and in lieu of a daily requirement of one 
 ounce of butter there shall be a requirement of two ounces of butter 
 every day. 
 
 SURVEY OF VESSEL. 
 
 R. S. 45S6. 
 July 20, 1790 (Sec. 3). S. L. 1, p. 132. 
 
 COMPLAINT THAT VESSEL IS UNSEAWORTHY. 
 
 If the mate or first officer under the master, and a majority of the 
 crew of any vessel, bound on a voyage to any foreign port, shall, 
 after the voyage is begun, and before the vessel shall have left the 
 land, discover that the vessel is too leaky, or is otherwise unfit in her 
 crew, body, tackle, apparel, furniture, provisions, or stores, to proceed 
 on the intended voyage, and shall require such unfitness to be inquired 
 into, the master shall, upon the request of the mate or other officer 
 and such majority, forthwith proceed to or stop at the nearest or 
 most convenient port or place where such inquiry can be made, and 
 shall there apply to the judge of the district court of that judicial 
 district, if he shall there reside, or if not, to some justice of the 
 peace of the city, town, or place, taking with him two or more of the 
 crew who shall have made such request. 
 
THE seaman's contract. 75 
 
 R. S. 4557. 
 July 20, 1790 (Sec. 3). S. L. 1, p. 132. 
 
 PROCEEDINGS UPON EX \MIXA1I0N OF VESSEL. 
 
 The judge or justice shall, upon such application of the master or 
 commander, issue his precept directed to three persons in the neigh- 
 borhood, the most skillful in maritime affairs that can be procured, 
 requiring them to repair on board such vessel, and to examine the 
 same in respect to the defects and insufficiencies complained of, and 
 to make report to him, the judge or justice, as the case may be, in 
 writing under their hands, or the hands of two of them, whether in 
 any or in what respect the vessel is unfit to proceed on the intended 
 voyage, and what addition of men, provisions, or stores, or what re- 
 pairs or alterations in the body, tackle, or apparel will be necessary; 
 and upon such report the judge or justice shall adjudge, and shall 
 indorse on the report his judgment, whether the vessel is fit to proceed 
 on the intended voyage; and if not, whether such repairs can be made 
 or deficiencies supplied where the vessel then Hes, or whether it is 
 necessary for her to return to the port from whence she first sailed, 
 to be there refitted; and the master and crew shall in all things con- 
 form to the judgment. The master or commander shall, in the first 
 instance, pay all the costs of such view, report, and judgment, to be 
 taxed and allowed on a fair copy thereof, certified by the judge or 
 justice. But if the complaint of the crew shall appear, upon the report 
 and judgment, to have been without foundation, the master or com- 
 mander, or the owner or consignee of such vessel, shall deduct the 
 amount thereof, and of reasonable damages for the detention, to be 
 ascertained by the judge or justice, out of the wages growing due to 
 the complaining seamen. 
 
 *DEC. 21, 1898 (SEC. 7). 
 
 S. L. 30, p. 757 (R. S. 4556). 
 
 If the first and second officers under the master or a majority of 
 the crew of any vessel bound on any voyage shall, before the vessel 
 shall have left the harbor, discover that the vessel is too leaky or is 
 otherwise unfit in her crew, body, tackle, apparel, furniture, provisions, 
 or stores to proceed on the intended voyage, and shall require such 
 unfitness to be inquired into, the master shall, upon the request of the 
 first and second officers under the master or such majority of the 
 crew, forthwith apply to the judge of the district court of that judicial 
 district, if he shall there reside, or if not, to some justice of the peace 
 of the city, town, or place, for the appointment of surveyors, as in 
 section forty-five hundred and fifty-seven provided, taking with him 
 
76 THE seaman's contract. 
 
 two or more of the crew who shall have made such request ; and any 
 master refusing or neglecting to coniply with these provisions shall 
 be liable to a penalty of live hundred dollars. [This section shall not 
 apply to fishing or whaling vessels or yachts — Dec. 21, 1898, Sec. 26.] 
 
 ^:=DEC. 21, 1898 (SEC. 8). 
 S. L. 30, p. 757 (R. S. 4557), 
 The judge, or justice, in a domestic port, shall, upon such application 
 of the master or commander, issue his precept, directed to three persons 
 in the neighborhood, the most experienced and skillful in maritime 
 affairs that can be procured ; and whenever such complaint is about 
 the provisions one of such surveyors shall be a physician or a surgeon 
 of the Public Health and Marine Hospital Service, if such service is 
 established at the place where the complaint is made. It shall be the 
 duty of such surveyors to repair on board such vessel and to examine 
 the same in respect to the defects and insufficiencies complained of, and 
 make reports to the judge, or justice, as the case may be, in writing, 
 imder their hands or the hands of two of them, whether in any or in 
 what respect the vessel is unfit to proceed on the intended voyage, 
 and what addition of men, provisions, or stores, or what repairs or 
 alterations in the body, tackle, or apparel will be necessary ; and upon 
 ;aich report the judge or justice shall adjudge and shall indorse on his 
 report his judgment whether the vessel is fit to proceed on the intended 
 voyage, and, if not, whether such repairs can be made or deficiencies 
 supplied where the vessel then lies, or whether it is necessary for her 
 to proceed to the nearest or most convenient place where such supplies 
 can be made or deficiencies supplied ; and the master and the crew 
 shall, in all things, conform to the judgment. The master or com- 
 mander shall, in the first instance, pay all the costs of such review, 
 report, or judgment, to be taxed and allowed on a fair copy thereof, 
 certified by the judge or justice. But if the complaint of the crew shall 
 appear upon the report and judgment to have been without foundation, 
 the master or commander, or the owner or consignee of such vessel, 
 shall deduct the amount thereof, and of reasonable damages for the 
 detention, to be ascertained by the judge or justice, out of the wages 
 of the complaining seamen. [This section shall not apply to fishing or 
 whaling vessels or yachts — Dec. 21, 1898, Sec. 26.] 
 
 R. S. 45.^8. 
 July 20, 1790 (Sec. 3). S. L. 1, p. 132. 
 
 PENALTY FOR REFUSAL TO PROCEED WHEN VESSEL FOtJND SEAWORTHY. 
 
 If after judgment that such vessel is fit to proceed on her intended 
 voyage, or after procuring such men, provisions, stores, repairs, or 
 
THE seaman's contract. 77 
 
 alterations as may be directed, the seamen, or either of them, shall 
 refuse to proceed on the voyage, it shall be lawful for any iustice of 
 the peace to commit, by warrant under his hand and seal, every such 
 seaman who refuses to the common jail of the county, there to remain 
 without bail or mainprise until he has paid double the sum advanced 
 to him at the time of subscribing the contract for the voyage, together 
 with such reasonable costs as are allowed by the justice, and inserted 
 in the warrant ; and the sureties of such seaman, in case he has given 
 any, shall remain liable for such payment ; nor shall any such seaman 
 be discharged upon any writ of habeas corpus or otherwise, for want 
 of any form of commitment, or other previous proceedings, until such 
 sum is paid by him or his surety, if sufficient matter be made to appear, 
 upon the return of such habeas corpus, and an examination then had, to 
 detain him for the causes hereinbefore assigned. 
 
 *DEC. 21, 1898 (SEC. 9). 
 S. L. 30, p. 757 (R. S. 4558). 
 
 PENALTY FOR REFUSING TO PROCEED TO SEA AFTER SURVEY. 
 
 If, alter judgment that such vessel is fit to proceed on her intended 
 voyage, or after procuring such men, provisions, stores, repairs, or 
 alterations as may be directed, the seamen, or either of them, shall re- 
 fuse to proceed on the voyage, he shall forfeit any wages that may be 
 due him. [This section shall not apply to fishing or whaling vessels or 
 vachts— Dec. 21, 1898, Sec. 26.] 
 
 R. S. 4559. 
 July 20, 1840, S. L. 5, p. 396; July 29, 1850, S. L. 9, p. 441. 
 
 APPOINTiLENT OF INSPECTORS BY CONSUL IN FOREIGN PORT. 
 
 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 in a 
 foreign port, that such vessel is in an unsuitable condition to go to 
 sea, because she is leaky, or insufficiently supplied with sails, rigging, 
 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 
 disohar.ge any duties of a consul, shall appoint two disinterested, 
 competent, practical men, acquainted with maritime afifairs, to ex- 
 amine 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. 
 
78 THE seaman's contract. 
 
 DEC. 21, 1898 (SEC. 10). 
 
 S. L. 30, p. 757 (R. S. 4559). 
 
 Upon a complaint in wrifing, signed by the first or second officer 
 and a majority of the crew of any vessel while in a foreign port, 
 that such vessel is in an unsuitable condition to go to sea because she 
 is leaky or insufficiently supplied with sails, rigging, 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 cause to be appointed three persons, of 
 Hke qualifications with those described in section forty-five hundred 
 and fifty-seven, who shall proceed to examine into the causes of 
 complaint, and they shall be governed in all their proceedings and 
 proceed as provided in section forty-five hundred and fifty-seven. 
 [This section shall not apply to fishing or whaling vessels or yachts — 
 Dec. 21, 1898, Sec. 26.] 
 
 *MARCH 4, 1915 (SEC. 5). 
 
 S. L. 38, p. 1165 (R. S. 4559). 
 
 "Sec. 4559. Upon a complaint in writing, signed by the first and 
 second officers or a majority of thp crew of any vessel, while in a 
 foreign port, that such vessel is in an unsuitable condition to go to 
 sea because she is leaky or insufficiently supplied with sails, rigging, 
 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 or wholesonie, thereupon, in 
 any of these or like cases the consul or a commercial agent who 
 may discharge any of the duties of a consul shall cause to be 
 appointed three persons of like qualifications with those described 
 in section forty-five hundred and fifty-seven, who shall proceed to 
 examine into the cause of complaint and who shall proceed and be 
 governed in all their proceedings as provided by said section." 
 
 *R. S. 4560. 
 
 July 20, 1840. S. L. 5, p. 396. 
 
 report of inspectors. 
 
 The mspectors 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 seaman's contract. 79 
 
 the ends of justice may require ; and if, upon a view of the whole 
 proceedings, the consul or other commercial agent is satisfied there- 
 with, he may approve the whole or any, part of the report, and 
 shall certify such approval; or if he desires, he shall certify his 
 reasons for dissenting. 
 
 R. S. 4561. 
 July 20, 1840. S. L. 5, p. 396. 
 
 DISCHARGE OF SEAitEN ON ACCOUNT OF UNSEAWORTHINESS OF VESSEL. 
 
 The inspectors in their report shall also state whether, in their 
 opinion, the vessel was , sent to sea unsuitably provided in any im- 
 portant or essential particular, by neglect or design, or through mis- 
 take 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 ore month's wages in addition to their pay up to the time of 
 discharge. 
 
 JUNE 26, 1884 (SEC. 4). 
 
 S. L. 23, p. 53 (R. S. 4561). 
 
 Sec. 4561. The inspectors in their report shall also state whether, 
 in their opinion, the vessel was sent to sea unsuitably provided in 
 any important or essential particular, by neglect or design, or through 
 mistake or accident; and in case it was by neglect or design, and 
 the consular officer approves of such finding, he shall discharge such 
 of the crew as request it, and shall require the payment by the 
 master of one month's wages for each seaman over and above the 
 wages then due. But if, in the opinion of the inspectors, the de- 
 fects 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. 
 
80 THE seaman's contract. 
 
 *DEC. 21, 1898 (SEC. 11). 
 S. L. 30, p. 758 (R. S. 4561). 
 The inspectors iti their report shall also state whether in their 
 opinion the vessel was sent to sea unsuitably provided in any im- 
 portant or essential particular, by neglect or design, or through 
 mistake or accident; and in case it was by neglect or design, and 
 the consular officer approves of such finding, he shall discharge 
 such of the crew as request it, and shall require the payment by the 
 inaster of one month's wages for each seaman over and above the 
 wages then due, or suffi.cient money for the return of such of the 
 crew as desire to be discharged to the nearest and most convenient 
 port of the United States, or by furnishing the seamen who so desire 
 to be discharged v/ith employment on a ship agreed to by them. 
 But if m the opinion of the inspectors the defects or deficiencies 
 found to exist have beeii 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 com- 
 plaint, then the crew shall remain and discharge their duty. [This 
 section shall not apply to fishing or whaling vessels or yachts — Dec. 
 21, 1898, 'Sec. 26.] 
 
 *R. S. 4562. 
 July 20, 1840. S. L. 5, p. 396. 
 payment of charges for inspection. 
 The master shall pay all such reasonable charges for inspection 
 under such complaint as shall be officially certified to him under the 
 hand of the consul or commercial agent ; but in case the inspectors 
 report that the complaint is without any good and sufficient cause, 
 the master may retain from the wages of the complainants, in pro- 
 portion 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. 
 
 *R. S. 4563. 
 July 20, 1840. S. L. 5, p. 397. 
 refusal to pay wages and ch.\rges; damages; penalty. 
 Every master who refuses to pay such wages and charges shall 
 be liable to each person injured thereby in damages, to be recovered 
 in any court of the United States in the district where such delin- 
 quent may reside or be found, and in addition thereto be punishable 
 by a fine of one hundred dollars for each offense. 
 
PART TWO 
 
 DISCHARGE AND PAYMENT OF WAGES. 
 
 (See also "Duties of Consuls'' and "Discharge in Foreign Port") 
 
 *R. S. 4524. 
 June 7, 1872 (Sec. 30), S. L. 17, p. 268. 
 
 COMMENCEMENT OF WAGES. 
 
 A seaman's right to wages and provisions shall be taken to com- 
 mence 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. 
 
 *R. 5. 4525. 
 June 7, 1872 (Sec. 32), S. L. 17, p. 268. 
 
 WAGES NOT DEPENDENT ON FREIGHT. 
 
 No right to wages shall be dependent on the earning of 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 con- 
 ditions 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. 
 
 R. S. 4526. 
 June 7, 1872 (Sec 33), S. L. 17, p. 269. 
 
 TERMINATION OF WAf;KS TiY LOSS OF VESSEL. 
 
 In cases where the service of any seaman terminates before the 
 period contemplated in the agreement, by reason of the wreck or loss 
 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. 
 
 *DEC. 21, 1898 (SEC. 3). 
 
 S. L. 30, p. 755 (R. S. 4526.) 
 
 Sec. 4526. 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 
 
82 THE seaman's contract. 
 
 lor the time oi service prior ' to such - termination, but not for any- 
 further period. Such seaman shall be considered as a destitute sea- 
 man and shall be treated and trcin^pojrted 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. 
 26.1 ' 
 
 *R. S. 4527. 
 June 7, 1872 (Sec. 21), S. L. 17, p. 266. 
 
 WAGES IN CASE OF IMPROPER DISCHARGE. 
 
 Any seaman who has signed an agreement and is afterward dis- 
 charged 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 hearing the case, 
 of having been improperly discharged, recover such compensation as 
 if it were wages duly earned. 
 
 *R. S. 4528. 
 June 7, 1872 (Sec. 34), S. L. 17, p. 269. 
 
 SUSPENSION OF WAGES. 
 
 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 oflfense committed by 
 him. 
 
 R. S. 4529. 
 July 20, 1790 (Sec. 6), S. L. 1, p. 133; June 7, 1872 (Sec. 35), 
 
 S. L. 17, p. 269. 
 
 TIME FOR PAYMENT. 
 
 The master or owner of every vessel making voyages from a port 
 on the Atlantic to a port on the Pacific, or vice versa, shall pay to 
 every seaman his wages, within two days after the termination of 
 the agreement, or at the time such seaman is discharged, whichever 
 
THE SEAMAN'S CONTRACT. 83 
 
 first happens ; and, in the case of vessels making foreign voyages, 
 within three days after the cargo has been delivered, or within five 
 days alter the seaman's discharge, whichever first happens; and in 
 all cases the seaman shall, at the time of his discharge, be entitled 
 to be paid, on account, a sum equal to one-fourth part of the balance 
 due to him. Every master or owner who neglects or refuses to make 
 payment in manner hereinbefore mentioned, without sufficient cause, 
 shall pay to the seaman a sum not exceeding the amount of two days' 
 pay tor each of the days, not exceeding ten days, during which pay- 
 ment 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 the masters or owners of any vessel the 
 seamen on which are entitled to share in the profits of the cruise or 
 voyage. 
 
 DEC. 21, 1898 (SEC. 4). 
 S. L. 30, p. 756 (R. S. 4529). 
 Sec. 4529. The master or owner of any vessel making coasting 
 voyages shall pay to every seaman his wages within two days after 
 the termination of the agreement under which he shipped, or at the 
 time such seaman is discharged, whichever first happens; and in the 
 case of vessels making 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, at the time of his discharge, be entitled to be paid, 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 pay- 
 ment in manner hereinbefore mentioned without sufficient cause shall 
 pay to the seaman a sum equal to one day's 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 the masters or 
 owners of any vessel the seamen on 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 oysters — June 28, 
 1906, Sec. 4.] 
 
 *MARCH 4, 1915 (SEC. 3). 
 S. L. 38, p. 1164 (R. S. 4529). 
 Sec. 4529- The master or owner of any vessel making coasting 
 voyages shall pay to every seaman his wages within two days after 
 
84 THE seaman's contract. 
 
 the termination of the agreement under which he was shipped, or 
 at the time such seaman is discharged, whichever first happens ; and 
 in case of vessels making 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 dis- 
 charge 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 suf- 
 ficient 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. 
 
 R. S. 4530. 
 July 20, 1790 (Sec. 6), S. L. 1, p. 133. 
 
 PAYMENT OF WAGES AT PORTS, ETC. 
 
 Every seaman shall be entitled to receive irom the master of the 
 vessel to which he belongs, one-third part of the wages which shall 
 be due to him at every port where such vessel shall unlade and deliver 
 her cargo before the voyage is ended, unless the contrary be expressly 
 stipulated in the contract ; and as soon as the voyage is ended, and 
 the cargo or ballast is fully discharged at the last port of delivery, he 
 shall be entitled to the wages which shall be then due. 
 
 DEC. 21, 1898 (SEC. 5). 
 
 S. L. 30, p. 7S6 (R. S. 4530). 
 
 Sec. 4530. Every seaman on a vessel of the United States shall be 
 entitled to receive from the master of the vessel to which he belongs 
 one-half part of the wages which shall be due him at every port where 
 such vessel, after the voyage has commenced, shall load or deliver 
 cargo before the voyage is ended unless the contrary be expressly 
 stipulated in the contract; 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. [This section shall not apply to fishing 
 or whaling vessels or yachts — Dec. 21, 1898, Sec. 26.] 
 
THE seaman's contract. 85 
 
 *MARCH 4, 1915 (SEC. 4). 
 S. L. 38, p. 1165 (R. S. 4530). 
 
 Sec. 4530. Every seaman on a vessel of the United States shall be 
 entitled to receive on demand from the master of the vessel to which 
 he belongs one-half part of the wages which he shall have then 
 earned at every port where such vessel, after the voyage has been 
 commenced, shall load or deliver cargo before the voyage is ended 
 and all stipulations in the contract to the contrary shall be void. 
 
 Such a demand shall not be made before the expiration of, nor 
 oftener than once in five days. Any failure on the part of the master 
 to comply with this demand shall release the seaman from his contract 
 and he shall be entitled to full payment of wages earned. 
 
 \\^hen the voyage ,is ended every such seaman shall be entitled to 
 the remainder of the wages which shall then be due him, as pro- 
 vided in Section 4529 of the Revised Statutes. 
 
 Notwithstanding any release signed by any seathan under Section 
 4552 of the Revised Statutes any court having jurisdiction may upon 
 good cause shown set aside such release and take such action as jus- 
 tice shall require. 
 
 This section shall apply to seamen on foreign vessels while in har- 
 bors of the United States, and the courts of the United States shall 
 be open to such seamen for its enforcement. 
 
 R. S. 4536. 
 June 7, 1872 (Sec. 61), S. L. 17, p. 276. 
 
 NO ATTACHMENT OR ASSIGNMENT OF WAGES. 
 
 Xo wages due or accruing to any seaman or apprentice shall be 
 subject to attachment or arrestment from any court; and every pay- 
 ment of wages to a seaman or apprentice shall be valid in law, not- 
 withstanding any previous sale or assignment of wages, or of any at- 
 tachment, incumbrance, 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 advance securities as are 
 authorized by this Title. 
 
 *MARCH 4, 1915 (SEC. 12). 
 S. L. 38, p. 1169. 
 
 Xo wages due or accruing to any seaman or apprentice shall be 
 subject to attachment or arrestment from any court, and every pay- 
 ment of wages to a seaman or apprentice shall be vaUd in law, not- 
 withstanding any previous sale or assignment of wages or of any 
 
86 THE seaman's contract. 
 
 attachment, incumbrance, 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 em- 
 ployed on fishing vessels as well as to seamen. 
 
 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. Section 4536 of the Revised Statutes of the 
 United States is hereby repealed. 
 
 *R. S. 4537. 
 July 20, 1790 (Sec. 4), S. L. 1, p. 133. 
 
 LIMIT OF SUM RECOVERABLE DURING VOYAGE. 
 
 No sum exceeding one dollar, shall be recoverable from any seaman, 
 by any one person, for any debt contracted during" the time such sea- 
 man shall actually belong to any vessel, until the voyage for which 
 such seaman engaged shall be ended. 
 
 *R. S. 4546. 
 
 July 20, 1790 (Sec. 6), S. L. 1, p. 133; Aug. 23, 1842 (Sec. 1), 
 
 S. L. 5, p. 517. 
 
 SUMMONS FOR NON-PAYMENT OF WAGES. 
 
 Whenever the wages of any seaman arg not paid within ten days 
 after the time when the same ought to be paid according to the pro- 
 visions of this Title, or any dispute arises between the master and sea- 
 men 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 circuit court, 
 may summon the 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. 
 
 R. S. 4547. 
 July 20, 1790 (Sec. 6), S. L. 1, p. 133; Aug. 23, 1842 (Sec. 1), 
 
 S. L. 5, p. 517. 
 
 Lir.EL FOR WAGES. 
 
 If the master against whom such summons is issued neo'lects to 
 appear, or, appearing, does not show that the wages are paid, or 
 
THE seaman's contract. 87 
 
 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, and the suit shall be pro- 
 ceeded on in the court, and final judgment shall be given according to 
 the usual course of admiralty courts in such cases. In such suit all the 
 seamen having cause of complaint of the like kind against the same 
 vessel, shall be joined as complainants; and it shall be incumbent on 
 the master to produce the contract and log-book, if required, to ascer- 
 tain any matters in dispute ; otherwise the complainants shall be per- 
 mitted to state the contents thereof, and the proof of the contrary shall 
 lie on the master. But nothing herein contained shall prevent, any sea- 
 man from maintaining any action at common law for the recovery of 
 his wages, or having immediate process out of any court having ad- 
 miralty 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 tlie ten days next after the delivery of her cargo 
 or ballast. 
 
 *DEC. 21, 1898 (SEC. 6). 
 
 S. L. 30, p. 756 (R. S. 4547). 
 
 Sec. 4547. 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 re- 
 quired 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 
 
OO THE SEAMAN S CONTRACT. 
 
 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.] 
 
 NOTE— Omitted, Act, July 20, 1846, Sec. 1. See p. 170. 
 
 *R. S. 4549., 
 
 June 7, 1872 (Sec. 22), S. L. 17, p. 266. 
 
 MODE OF DISCHARGE. 
 
 All seamen discharged in the United States from merchant vessels 
 engaged in voyages from a port in the United States to any foreign 
 port, or, being of the burden of seventy-five tons or upward, from a 
 port on the Atlantic to a port on the Pacific, or vice versa, shall be 
 discharged and receive their wages in the presence of a duly author- 
 ized shipping-commissioner under this Title, except in cases where 
 some competent court otherwise directs; and any master or owner of 
 any such vessel who discharges any such seaman belonging thereto, or 
 pays his wages within the United States in any other manner, shall 
 be liable to a penalty of not more than fifty dollars. 
 
 *R. S. 4550. 
 June 7, 1872 (Sec. 23), S. L. 17, p. 267. 
 
 ACCOUNT ON DISCHARGE. 
 
 Every master shall, not less than forty-eight hours before paying 
 off or discharging any seaman, deliver to him, or, if he is to be dis- 
 charged before a shipping-commissioner, to such shipping-commissioner, 
 a full and true account of his wages, and all deductions to be made 
 therefrom on any account whatsoever; and in default shall, for each 
 offense, be liable to a penalty of not more than fifty dollars. No de- 
 duction from the wages of any seaman except in respect of some mat- 
 ter happening after such delivery shall be allowed,- unless it is included 
 in the account delivered ; and the master shall, during the voyage, enter 
 the various matters in respect to which such deductions are made, with 
 the amounts of the respective deductions as they occur, in the official 
 
THE SEAMAN'S CONTRACT. 89 
 
 log-book, and shall, if required, produce such book at the time of the 
 payment of wages, and, also, upon the hearing, before any competent 
 authority, of any complaint or question relating to such payment. 
 
 *R. S. 4551. 
 June 7, 1872 (Sec. 24), S. L. 17, p. 267. 
 
 CERTIFICATE OF DISCHARGE. 
 
 Upon the discharge of any seaman, or upon payment of his wages, 
 the master shall sign and give him a certificate of discharge, specify- 
 ing the period of his service and the time and place of his discharge, 
 in the form marked Table B in the schedule annexed to this Title ; and 
 every master who fails to sign and give to such seaman such certificate 
 and discharge, shall, for each such offense, incur a penalty not ex- 
 ceeding fifty dollars. But whenever the master shall discharge his 
 crew or any part thereof in any collection district where no shipping- 
 commissioner has been appointed, he may perform for himself the 
 duties of such commissioner. 
 
 ■ *R. S. 4552. 
 June 7, 1872 (Sec. 27), S. L. 17, p. 267. 
 
 RULES FOR SETTLEMENT. 
 
 The following rules shall be observed with respect to the settlement 
 of wages : 
 
 First. Upon the completion, before a shipping-commissioner, of any 
 discharge and settlement, the master or owner and each seaman, re- 
 spectively, in the presence of the shipping-commissioner, shall sign a 
 mutual release of all claims for wages in respect of the past voyage or 
 engagement, and the shipping-commissioner shall also sign and attest 
 it, and shall retain it in a book to be kept for that purpose, provided 
 both the master and seamen assent to such settlement, or the settle- 
 ment has been adjusted by the shipping-commissioner. 
 
 Second. Such release, so signed and attested, shall operate a^ a 
 mutual discharge and settlement of all demands for wages between the 
 parties thereto, on account of wages, in respect of the past voyage or 
 engagement. 
 
 Third. A copy of such release, certified under the hand and seal of 
 such shipping-commissioner to be a true copy, shall be given by him 
 to any party thereto requiring the same, and such copy shall be receiv- 
 able in evidence upon any future question touching such claims, and 
 shall have all the effect of the original of which it purports to be a copy. 
 
 Fourth. In cases in which discharge and settlement before a ship- 
 
90 THE seaman's ■ CONTRACT; 
 
 ping-commissioner are required, no payment, 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 re- 
 ceived as evidence that he has made the payments therein mentioned. 
 
 *R. S. 4553. 
 June 7, 1872 (Sec. 28), S. L. 17, p., 268. 
 
 CERTIFICATE OF CHARACTER. 
 
 Upon every discharge effected before a shipping-commissioner, the 
 master shall make and sign, in the form given in the table marked 
 "B," in the schedule annexed to this Title, 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 particu- 
 lars, 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. 
 
 '*R. S. 4555. 
 June 7, 1872 (Sec. 26),, S. L. 17, p. 268. 
 
 EXAMINATION OF WITNESSES. 
 
 In any proceeding relating to the wages, claims, or discharge of a 
 seaman, carried on before any shipping-commissioner, under the pro- 
 visions of this Title, such shipping-commissior;er may call upon the 
 owner, or his agent, or upon the master, or any mate, or any other 
 member of the crew, to produce any log-books, papers, or other docu- 
 ments in their possession or power, respectively, relating to any matter 
 in question in such proceedings, and may call before him and examine 
 any of such persons, being tljen at or near the place, on any such mat- 
 ter; and every owner, agent, master, mate, or other member of the crew 
 who, when called upon by the shipping-commissioner, does not produce 
 any such books, papers, or documents, if in his possession or power, 
 or does not appear and give evidence, shall, unless he shows some rea- 
 sonable cause for such default, be liable to a penalty of not more than 
 one hundred dollars for each offense; and, on application made by the 
 shipping-commissioner, shall be further punished, in the discretion of 
 the court, as in other cases of contempt of the process of the court. 
 
THE SEAMAN'S CONTRACT. 91 
 
 *R. S. 4601 1 
 
 June 7, 1872 (Sec. 56), S. L. 17, p. 275. 
 
 ENFORCEMENT OF FORFEITURES. 
 
 Any question concerning the forfeiture of, or deductions from, the 
 wages of any seaman or apprentice, may be determined in any pro- 
 ceeding 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. 
 
 *R. S. 4605. 
 June 7, 1872 (Sec. 57), S. L. 17, p. 275. 
 
 APPROPRIATION OF WAGES TO COSTS OF CONVICTION. 
 
 ^^'henever 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 pun- 
 ished therefor, by imprisonment or otherwise, the court hearing the 
 case mav direct a part of the wages due to such seamen, not exceeding 
 fifteen dollars, to be applied in reimbursing any costs properly incurred 
 by the master in procuring such conviction and punishment. 
 
 JULY 1, 1916 (SEC. 1, JUDICIAL). 
 S. L. 39, p. 313. 
 
 SUITS BY SEAMEN. 
 
 That courts of the United States shall be open to seamen, without 
 furnishing bonds or prepayment of or making deposit to secure fees 
 or costs, for the purpose of entering and prosecuting suits in their 
 own name and for their own benefit for wages or salvage and to enforce 
 laws made for their health and safety. 
 
 *JULY 1, 1918 (SEC. 1, JUDICIAL). 
 S. L. 40, p. 683. 
 
 That courts of the United States, including appellate courts, hereafter 
 shall be open to seamen, without furnishing bonds or prepayment of or 
 making deposit to secure fees or costs, for the purpose of entering 
 and prosecuting suit or suits in their own name and for their own 
 benefit for wages or salvage and to enforce laws made for their health 
 and safety. 
 
92 THE seaman's contract. 
 
 DUTIES OF CONSULS. 
 
 (See also "Shipping Articles," "Discharge in Foreign Port," "Distressed 
 Seamen," "Deceased Seamen," "Offenses and Punishments," Etc.) 
 
 *R. S. 1433. 
 Feb. 20, 1845 (Sec. 2), S. L. 5, p. 725. 
 
 CONSULAR POWERS. 
 
 The commanding officer of any fleet, squadron, or vessel acting 
 singly, when upon the high seas or in any foreign port where there 
 is no resident consul of the United States, shall be authorized to exer- 
 cise all the powers of a consul in relation to mariners of the United 
 States. 
 
 *R. S. 1707. 
 April 14, 1792 (Sec. 2), S. L. 1, p. 255. 
 
 PROTESTS. 
 
 Consuls and vice-consuls shall have the right, in the ports or places 
 to which they are severally appointed, of receiving the protests or 
 declarations which captains, masters, crews, passengers, or merchants, 
 who are citizens of the United States, may respectively choose to make 
 there; and also such as any foreigner may choose to make before 
 them relative to the personal interest of any citizen of the United 
 States. Copies of such acts duly authenticated by consuls or vice- 
 consuls, under the seal of their consulates, respectively, shall be re- 
 ceived in evidence equally with their originals in all courts in the 
 United States. 
 
 *R. S. 1708. 
 Aug. 18, 1856 (Sec. 27), S. L. 11, p. 62. 
 
 LISTS AND RETURNS OF SE.\MEN, VESSELS, ETC. 
 
 Every consular officer shall keep a detailed Hst of all seamen and 
 mariners shipped and discharged by him, specifying their names and 
 the names of the vessels on which they are shipped and from which 
 they are discharged, and the payments, if any, made on account of 
 each so discharged; also of the number of the vessels arrived and 
 departed, the amounts of their registered tonnage, and the number of 
 their seamen and mariners, and of those who are protected, and 
 whether citizens of the United States or not, and as nearly as possible 
 the nature and value of their cargoes, and where produced, and shall 
 
THE seaman's contract. 93 
 
 make returns of the same, with their accounts and other returns, to 
 the Secretary of the *Treasury. 
 
 * "Commerce and Labor' — Feb. 14, 1903, Sec. 10. "Commerce" — Mar. 4, 
 1913, Sec. 1. 
 
 *R. S. 1718. 
 Aug. 18, 1856 (Sec. 28), S. L. 11, p. 63. 
 
 FEES ALLOWED FOR OFFICIAL SERVICES. 
 
 Whenever any master or commander of a vessel of the United 
 States has occasion for any consular or other official service, which 
 any consular officer of the United States is authorized by law or usage 
 officially to perform, and for which any fees are allowed by the rates 
 or tariffs of fees, he shall apply to the consular officer at the consulate 
 or commercial agency where such service is required to perform such 
 service, and shall pay to such officer the fees allowed for such service 
 by the rates or tariffs of fees. And every such master or commander 
 who omits so to do shall be liable to the United States for the amount 
 of the fees lawfully chargeable for such services when actually per- 
 formed. All consular officers are authorized and required to retain in 
 their possession all the papers of such vessels, which shall be deposited 
 with them as directed by law, till payment shall be made of all de- 
 mands and wages on account of such vessels. 
 
 *JUNE 26, 1884 (SEC. 12). 
 S. L. 23, p. 57. 
 That on and after July first, eighteen hundred and eighty-four, no 
 fees named in the tariff of consular fees prescribed by order of the 
 President shall be charged or collected by consular officers for the 
 official services to American vessels and seamen. Consular officers shall 
 furnish the master of every such vessel with an itemized statement of 
 such services performed on account of said vessel, with the fee so pre- 
 scribed for each service, and make a detailed report to the Secretary of 
 the Treasury of such services and fees, under such regulations as the 
 Secretary of State may prescribe ; and the Secretary of the Treasury 
 shall allow consular officers who are paid in whole or in part by fees 
 such compensation for said services as they would have received prior 
 to the passage of this Act : Provided, That such services, in the opin- 
 ion of the Secretary of the Treasury have been necessarily rendered ; 
 *and a sum sufficient for the payment of such compensation, when thus 
 adjusted by the Secretary of the Treasury, is hereby appropriated out 
 of any money in the Treasury not otherwise appropriated. 
 
 * Fees abolished — June 19, 1886, Sec. 1. 
 
94 THE seaman's contract. 
 
 *R. S. 1719. 
 Aug. 18, 1856 (Sec. 20), S. L. 11, p. 59. 
 
 NO PROFIT FROM DISCHARGED SEAMEN. 
 
 No consular officer, nor any person under any consular officer shall 
 make any charge or receive, directly or indirectly, any compensation, 
 by way of commission or otherwise, for receiving or disbursing the 
 wages or extra wages to which any seaman or, mariner is entitled who 
 is discharged in any foreign country, or for any money advanced to 
 any such seaman or mariner who seeks relief from any consulate or 
 commercial agency; nor shall any consular officer, or any person under 
 any consular officer, be interested, directly or indirectly, in any profit 
 derived from clothing, boarding, or otherwise supplying or sending 
 home any such seaman or mariner. Such prohibition as to profit, how- 
 ever, shall not be construed to reHeve or prevent any such officer who 
 is the owner of or otherwise interested in any vessel of the United 
 States, from transporting in such vessel any such seaman or mariner, 
 or from receiving or being interested in such reasonable allowance as 
 may be made for such transportation by law. 
 
 R. S. 4213. 
 Aug. 18, 1856 (Sec. 18), S. L. 11, p. 59. 
 
 COPIES OF RECEIPTS OF CONSULAR FEES, ETC. 
 
 It shall be the duty of all owners, agents, consignees, masters, and 
 commanders of vessels to whom any receipt for fees shall be given 
 by any consular officer, to furnish a copy thereof to the collector of 
 the district in which such vessels shall first arrive on their return to 
 the United States. And it shall also be the duty of every collector to 
 forward to the Secretary of the Treasury all such copies of receipts as 
 shall have been so furnished to him, and also a statement of all certi- 
 fied invoices which shall have come to his office, giving the dates of 
 the certificates, and the names of the persons for whom and of the 
 consular officers by whom the same were certified. 
 
 *JUNE 26, 1884 (SEC. 13). 
 
 S. L. 23, p. 57 (R. S. 4213). 
 Sec. 4213. It shall be the duty of all masters of vessels "for whom 
 any official services shall be performed by any consular officer, without 
 the payment of a fee, to require a written statement of such services 
 from such consular officer, and, after certifying as to whether such 
 statement is correct, to furnish it to the collector of the district in 
 which such vessels shall first arrive on their return to the United 
 
THE seaman's contract. 95 
 
 States : and if any such master of a vessel shall fail to furnish such 
 statement, he shall be liable to a fine of not exceeding fifty dollars, 
 unless such master shall state under oath that no such statement was 
 furnished him by said consular officer. And it shall be the duty of 
 every collector to forward to the Secretary of the Treasury all such 
 statements as shall have been furnished to him, and also a statement 
 of all certified invoices which shall have come to his office, giving the 
 dates of the certificates, and the names of the persons for whom and 
 of the consular officer by whom the same were certified. 
 
 DISCHARGE IN FOREIGN PORT. 
 
 See also "Duties of Consuls," "Distressed Seamen," Etc.) 
 
 *R. S. 4548. 
 March 3, 1873, S. L. 17, p. 602. 
 
 WAGES PAYABLE IN GOLD. 
 
 Aloneys 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 con- 
 trary notwithstanding. 
 
 R. S. 4580. 
 Aug. 18, 1856 (Sec. 2f.). S. L. 11, p. 62; Mar. 3, 1873, S. L. 17. p. 580. 
 
 EXTRA WAGES ON DISCHARGE. 
 
 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 dis- 
 charge under any Act of Congress, or according to the general prin- 
 ciples 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. 
 
96 THE seaman's contract. 
 
 *JUNE 26, 1884 (SEC. 2). 
 
 S. L. 23, p. 53 (R. S. 4580). 
 
 Sec. 4580. Upon the application of the master, of any vessel to a 
 consular officer to discharge a seaman, or upon the application of any 
 seaman for his own discharge, if it appears to such officer that said 
 seaman has completed his shipping agreement, or is entitled to his dis- 
 charge under any Aqt of Congress or according to the general princi- 
 ples or usages of maritime law as recognized in the United States, 
 such officer shall discharge said seaman, and require from the master 
 of said vessel, before such discharge shall be made, payment of the 
 wages which may then be due said seaman ; but no payment of extra 
 wages shall be required by any consular officer upon such discharge 
 of any seaman except as provided in this act. 
 
 R. S. 4581. 
 Aug. 18, 1856 (Sec. 26), S. L. 11, p. 62. 
 
 PENALTY FOR -NEGLECT TO COLLECT EXTRA WAGES. 
 
 If any consular officer, when discharging any seaman, shall 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 account- 
 able 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. 
 
 JUNE 26, 1884 (SEC. 7). 
 
 S. L. 23, p. 55 (R. S. 4581). 
 
 Sec. 4581. If any consular officer, when, discharging any seaman, 
 shall neglect to require the payment of and collect the arrears of wages 
 and extra wages required to be paid in the case of the discharge of any 
 seaman, he shall be accountable to the United States to the full amount 
 thereof. If any seaman, after his discharge, shall have incurred any 
 expense for board or other necessaries at the place of his discharge, 
 before shipping again, or for transportation to the United States, such 
 expense shall be paid out of the arrears of wages and extra wao'es re- 
 ceived by the consular officer, which shall be retained for that purpose 
 and the balance only paid over to such seamen. 
 
THE seaman's contract. 97 
 
 APRIL 4, 1888 (SEC. 3). 
 S. L. 25. p. 80 (R. S. 4581). 
 
 That section forty-five hundred and eighty-one of the Revised Stat- 
 utes, as amended by section seven of chapter one hundred and twenty- 
 one of the public laws passed by the Forty-eighth Congress, is amended 
 by striking out all after the word "thereof," in the fifth line, and in- 
 serting in lieu thereof as follows : 'If any seaman, after his discharge, 
 shall have incurred any expense for board or other necessaries, or for 
 reasonable charges for medical care and nursing, at the place of his 
 discharge, before shipping again, or for transportation to the United 
 States, such expense shall be paid out of the arrears of wages and 
 extra wages received by the consular officer, which shall be retained 
 for that purpose, and the balance only paid over to such seaman ; and 
 if such arrears and extra wages are not sufficient to defray such ex- 
 pense, the deficiency shall be paid from the fund in the Treasury for 
 the maintenance and transportation of destitute American seamen." 
 
 *DEC. 21, 1898 (SEC. 16). 
 
 S. L. 30, p. 755 (R. S. 4581). 
 
 Sec. 4581. If any consular officer, when discharging any seaman, 
 shall neglect to require the payment of and collect the arrears of 
 wages and extra wages required to be paid in the case of the dis- 
 charge of any seaman, he shall be accountable to the United States 
 for the full amount thereof. The master shall provide any seaman 
 so discharged with employment on a vessel agreed to by the seaman, 
 or shall provide him with one month's extra wages, if it shall be 
 shown to the satisfaction of the consul that such seaman was not dis- 
 charged for neglect of duty, incompetency, or injury incurred on the 
 vessel. If the seaman is discharged by voluntary consent before the 
 consul, he shall be entitled to his wages up to the time of his dis- 
 charge, but not for any further period. If the seaman is discharged, 
 on account of injury or illness, incapacitating him .for service, the 
 expenses of his maintenance and return to the United States shall 
 be paid from the fund for the maintenance and transportation of des- 
 titute American seamen. 
 
 *MARCH 4, 1915 (SEC. 19). 
 
 S. L. 38, p. 1185 (R. S. 4581). 
 
 Sec. 19. That section sixteen [R. S. 4581] of the Act approved 
 December twenty-first, eighteen hundred and ninety-eight, entitled "An 
 Act to amend the laws relating to American seamen, for the protec- 
 
98 THE seaman's contract. 
 
 tion of such seamen, and to promote commerce," be amended by add- 
 ing at the end of the section the following: 
 
 "Proziided, That at the discretion of the Secretary of Commerce, 
 and under such regulations as he may prescribe, if any seaman in- 
 capacitated from service by injury or illness is on board a vessel so 
 situated that a prompt discharge requiring the personal appearance 
 of the master of the vessel before an American consul or consular 
 agent is impracticable, such seaman may be sent to a consul or con- 
 sular agent, who shall care for him and defray the cost of his main- 
 tenance and transportation, as provided in this paragraph." 
 
 R. S. 4582. 
 Feb. 28, 1803 (Sec. 3), S. L. 2, p. 203. 
 
 EXTRA WAGES. UPON DISCHARGE IN CASE OF SALE. 
 
 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, dis- 
 charged 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, des- 
 ignated 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. 
 
 JUNE 26, 1884 (SEC. 5). 
 S. L. 23, p. 53 (R. S. 4582). 
 
 Sec. 4582. Whenever a vessel of the United States is sold in a for- 
 eign country, and her company discharged, it shall be the duty of the 
 master to produce to the consular officer the certified list of his ship's 
 company, and also the shipping articles, and to pay to said consular offi- 
 cer for every seaman so discharged one month's wages over and above 
 the wages which may then be due to such seaman ; but in case the mas- 
 ter of the vessel so sold shall, with the assent of said seaman, provide 
 him with adequate employment on board some other vessel bound to 
 the port at which he was originally shipped, or to such other 'port as 
 may be agreed upon by him, then no payment of extra wages shall be 
 required. 
 
 *DEC. 21, 1898 (SEC. 17). 
 S. L. 30, p. 759 (R. S. 4582). 
 
 Sec. 4582. Whenever a vessel of the United States is sold in a for- 
 eign country and her company discharged, it shall be the duty of the 
 master to produce to the consular officer a certified list of the ship's 
 
THE seaman's contract. 99 
 
 company, and also the shipping articles, and besides paying to each 
 seaman or apprentice the wages due him, he shall either provide him 
 with adequate employment on board some other vessel bound to the 
 port at which he was originally shipped, or to such other port as may 
 be agreed upon by him, or furnish the means of sending him to such 
 port, or provide him with a passage home, or deposit with the con- 
 sular officer such a sum of money as is by the officer deemed suffi- 
 cient to defray the expenses of his maintenance and passage home; 
 and the consular officer shall indorse upon the agreement with the 
 crew of the ship which the seaman or apprentice is leaving the par- 
 ticulars of any payment, provision, or deposit made under this section. 
 A failure to comply with the provisions of this section shall render the 
 owner liable to fine of not exceeding fifty dollars. 
 
 R. S. 4583. 
 July 20, 1840, S. L. 5, p. 395; Aug. 18, 1856 (Sec. 26), S. L. 11, p. 62. 
 
 WHEN EXTRA WAGES MAY BE REMITTED. 
 
 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 com- 
 plaint 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 cir- 
 cumstances 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. 
 
 JUNE 26, 1884 (SEC. 3). 
 
 S. L.: 23, p. 53 (R. S. 4583). 
 
 Sec. 4583. Whenever on the discharge of a seaman in a foreign 
 country, on his complaint that the voyage is continued contrary to 
 agreement, the consular officer shall be satisfied that such voyage has 
 been designedly and unnecessarily prolonged in violation of the articles 
 of shipment, or whenever a seaman is discharged by a consular officer 
 in consequence of any hurt or injury received in the service of the 
 vessel, such consular officer shall require the payment by the master of 
 one month's wages for such seaman over and above the wages due at 
 the time of discharge. 
 
100 THE seaman's contract. 
 
 *DEC. 21, 1898 (SEC. 18). 
 S. L. 30, p. 760 (R. S. 4583). 
 Sec. 4SS3. Whenever on the discharge of a seaman in a foreign 
 country by a consular officer on his complaint that the voyage is con- 
 tinued contrary to agreen^ent, or that the vessel is badly provisioned or 
 unseaworthy, or against the officers for cruel treatment, it shall be the 
 duty of the consul or consular agent to institute a proper inquiry into 
 the matter, and, i:pon his being satisfied of the truth and justice of such 
 complaint, he shall require the master to pay to such seaman one 
 month's wages over and above the wages due at the time of discharge, 
 and to provide him with adequate employment on board some other 
 vessel, or provide him with a passage on board some other vessel 
 bound to the port from which he was origiiially shipped, or to the 
 most convenient port of entry in the United States, or to a port 
 agreed to by the seaman. 
 
 R. S. 4584. 
 Feb. 28, 1803 (Sec. 3), S. L. 2, p. 203; July 20, 1840, S. L. 5, p. 395; 
 Aug. 18, 1856 (Sec. 26), S. L. 11, p. 62. 
 disposal of extra wages. 
 ^^'henever 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 des- 
 titute, 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. 
 
 DISTRESSED SEAMEN. 
 
 (See also "Duties of Consuls," "Discharge in Foreign Port," Etc.) 
 
 *R. S. 4577. 
 
 Feb. 28, 1803 (Sec. 4), S. L. 2, p. 204. 
 
 return of seamen. 
 
 It shall be the duty of the consuls, vice-consuls, commercial agents, 
 
 and vice-commercial agents, from time to time, to provide for the 
 
 seamen of the United States, who may be found destitute within their 
 
THE seaman's contract. 101 
 
 districts, respectively, sufficient subsistence and passages to some port 
 in 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. 
 
 R. S. 4578. 
 Feb. 28, 1803 (Sec. 4), S. L. 2, p. 204. 
 
 PEN.\LTY FOR REFUSING TO RECEIVE SEAMEN. 
 
 All masters of vessels belonging to citizens' of the United States, 
 and bound to some port of the same, are required to take such des- 
 titute 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. 
 
 *JUNE 26, 1884 (SEC. 9). 
 
 S. L. 23, p. 55 (R. S. 4578). 
 
 Sec. 4578. All masters of vessels of the United States, and bound 
 to some port of the same, are required to take such destitute seamen on 
 board their vessels, at the request of consular officers, 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 for 
 voyages of not more than thirty days, and not exceeding twenty dol- 
 lars for each person for longer voyages, as may be agreed between the 
 master and the consular officer ; and said consular officer shall issue 
 certificates for such transportation, which certificates shall be assigna- 
 ble for collection. If any such destitute seaman is so disabled or ill as 
 to be unable to perform duty, the consular officer shall so certify in 
 the certificate of transportation, and such additional compensation shall 
 be paid as the First Comptroller of the Treasury shall deem proper. 
 Every such master who refuses to receive and transport such seamen 
 
102 THE seaman's contract. 
 
 on the request or order of such consular 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 consular 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 pen- 
 alty. No master of any vessel shall, however, be obliged to take a 
 greater number than one man to every one hundred tons burden of the 
 vessel on any one voyage. 
 
 *JUNE 19, 1886 (SEC. 18). 
 
 S. L. 24, p. 83 (R. S. 4578). 
 Sec. 18. Section nine of "An Act to remove certain burdens on 
 the American merchant marine and encourage the American foreign 
 carrying trade, and for other purposes," approved June twenty-sixth, 
 eighteen hundred and eighty-four, is hereby amended in the eighth 
 line by inserting after the words "and the consular officer" the fol- 
 lowing: "When the transportation is by a sailing vessel; and the reg- 
 ular steerage passenger rate, not to exceed two cents per mile, when 
 the transportation is by steamer.'' And the said section is further 
 amended by adding at the end the following: "or to take any seaman 
 having a contagious disease." 
 
 *R. S. 4579. 
 Feb. 28, 1811, S. L. 2, p. 651. 
 
 ADDITIONAL ALLOWANCE FOR TRANSPORTATION OF DESTITUTE SEAMEN. 
 
 Whenever distressed seamen of the United States are transported 
 from foreign ports where there is no consular officer of the 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. 
 
 DECEASED SEAMEN. 
 
 (See also "Duties of Consuls.") 
 
 *R. S. 4538. 
 June 7, 1872 (Sec. 43), S. L. 17, p. 271. 
 
 EFFECTS OF DECEASED SEAMEN. 
 
 Whenever any seaman or apprentice belonging to or sent home on 
 any merchant vessel, whether a foreign-going or domestic vessel, em- 
 ployed on a voyage which is to terminate in the United States, dies 
 
THE seaman's contract. 103 
 
 during such voyage, the master shall take charge of all moneys, 
 clothes, and effects which he leaves on board, and shall, if he thinks 
 fit, cause all or any of such clothes and effects to be sold by auction 
 at the mast or other public auction, and shall thereupon sign an entry 
 in the official log-book, and cause it to be attested by the mate and 
 one of the crew, containing the following particulars : 
 
 First. A statement of the amount of money so left by the deceased. 
 
 Second. In case of a sale, a description of each article sold, and 
 the sum received for each. 
 
 Third. A statement of the sum due to deceased as wages, and the 
 total amount of deductions, if any, to be made therefrom. 
 
 *R. S. 4539. 
 June 7, 1872 (Sec. 44), S. L. 17, p. 271. 
 
 PROCEEDINGS IN REGARD TO EFFECTS OF DECEASED SEAHrEN. 
 
 In cases embraced by the preceding section, the following rules 
 shall be observed: 
 
 First. If the vessel proceeds at once to any port in the United 
 States, the master shall, within forty-eight hours after his arrival, de- 
 liver any such effects remaining unsold, and pay any money which he 
 has taken charge of, or received from such sale, and the balance of 
 wages due to the deceased, to the shipping-commissioner at the port 
 of destination in the United States. 
 
 Second. If the vessel touches and remains at some foreign port 
 before coming to any port in the United States, the master shall report 
 the case to the United States consular officer there, and shall give to 
 such officer any information he requires as to the destination of the 
 vessel and probable length of the voyage; and such officer may, if he 
 considers it expedient so to do, require the effects, money, and wages 
 to be delivered and paid to him, and shall, upon such delivery and pay- 
 ment, give to the master a receipt ; and the master shall within forty- 
 eight hours after his arrival at his port of destination in the United 
 States produce the same to the shipping-commissioner there. Such 
 consular officer shall, in any such case, indorse and certify upon the 
 ao-reement with the crew the particulars with respect to such delivery 
 and payment. 
 
 Third. If the consular officer does not require such payment and 
 delivery to be made to him, the master shall take charge of the effects, 
 money, and wages, and shall, within forty-eight hours after his arrival 
 at hi.s port of destination in the United States, deliver and pay the same 
 to the shipping-commissioner there. 
 
 Fourth. The master shall, in all cases in which any seaman or 
 
104 THE SEAMAN S CONTRACT. 
 
 apprentice dies during the voyage or engagement, give to such officer 
 or shipping-commissioner an account, in such form as they may re- 
 spectively require, of the effects, money, and wages so to be dehvered 
 and paid ; and no deductions claimed in such account shall be allowed 
 unless verified by an entry in the official log-book, if there be any; 
 and by such other vouchers, if any, as may be reasonably required by 
 the officer or shipping-commissioner to whom the account is rendered 
 Fifth. Upon due compliance with such of the provisions of this sec- 
 tion as relate to acts to be done at the port of destination in the United 
 States, the shipping-commissioner shall grant to the master a certificate 
 to that effect. No officer of customs shall clear any foreign-going ves- 
 sel without the production of such certificate. 
 
 *R. S. 4540. 
 June 7, 1872 (Sec. 45), S. L. 17, p. 271. 
 
 PENALTY FOR NEGLECT IN REGARD TO SEAMEn's EFFECTS. 
 
 Whenever any master fails to take such charge of the money or 
 other effects of a seaman or apprentice during a voyage, or to make 
 such entries in respect thereof, or to procure such attestation to such 
 entries, or to make such payment or delivery of any money, wages, or 
 effects of any seaman or apprentice dying during a voyage, or to give 
 such account in respect thereof as is above directed, he shall be ac- 
 countable for the money, wages, and effects of the seaman or apprentice 
 to the circuit court in whose jurisdiction such port of destination is 
 situate, and shall pay and. deliver the same accordingly ; and he shall, 
 in addition, for every such offense, be liable to a penalty of not more 
 than treble the value of the money or effects, or, if such value is not 
 ascertained, not more than two hundred dollars ; and if any such 
 money, wages, or effects are not duly paid, delivered, and accounted 
 for by the master, the owner of the vessel shall pay, deliver, and ac- 
 count for the same, and such money and wages and the value of such 
 effects shall be recoverable from him accordingly ; and if he fails to 
 account for and pay the same, he shall, in addition to his liabilitv for 
 the money and value, be liable to the same penalty which is incurred 
 by the master for a like offense ; and all money, wages, and effects of 
 any seaman or apprentice dying during a voyage shall be recoverable 
 in the courts and by the modes of proceeding by which seamen are 
 enabled to recover wages due to them. 
 
THE seaman's contract. 105 
 
 *R. S. 4541. 
 June 7, 1872 (Sec. 46), S. L. 17, p. 272. 
 
 DUTIES OF CONSULAR OFFICERS IN REGARD TO DECEASED SEAMAN'S .EFFECTS. 
 
 AMienever any such seaman or apprentice dies at any place out of 
 the United States, leaving any money or effects not on board of his 
 vessel, the consular officer of the United States at or nearest the place 
 shall claim and take charge of such money and effects, and shall, if 
 he thinks fit, sell all or any of such effects, or any effects of any de- 
 ceased seaman or apprentice delivered to him under the provisions of 
 this Title, and shall quarterly remit to the district judge for the dis- 
 trict embracing the port from which such vessel sailed, or the port 
 where the voyage terminates, all moneys belonging to or arising from 
 the sale of the effects or paid as the wages of any deceased seamen or 
 apprentices which have come to his hands ; and shall render such ac- 
 counts thereof as the district judge requires. 
 
 *MAR. 3, 1897 (SEC. 4). 
 
 S. L. 29, p. 689 (R. S. 4541). 
 
 That section forty-five hundred and forty-one of the Revised Stat- 
 utes be, and is hereby, amended by striking out the words "district 
 judge for the district," in the seventh line of said section, and substi- 
 tuting in place thereof the words * "circuit court of the circuit" ; and 
 that said section be, and is hereby, further amended by striking out the 
 words "district judge" where they occur in the eleventh and twelfth 
 lines of said section and substituting in place thereof the words "cir- 
 cuit court." 
 
 * "district court for the district" — May 28, 1896. 
 
 *R. S. 4542. 
 June 7, 1872 (Sec. 47), S. L. 17, p. 272. 
 
 PAYMENT OF WAGES IN CASE OF DEATH WITHIN THE UNITED STATES. 
 
 Whenever any seaman or apprentice dies in the United States, and 
 is, at the time of his death, entitled to claim from the master or owner 
 of any vessel in which he has served, any unpaid wages or effects, such 
 master or owner shall pay and deliver, or account for the same, to the 
 shipping-commissioner at the port where the seaman or apprentice 
 was discharged, or was to have been discharged. 
 
106 THE seaman's contract. 
 
 *MAR. 3, 1897 (SEC. 6). 
 S. L. 29, p. 689 (R. S.' 4542). 
 That section forty-five hundred and forty-two of the Revised Stat- 
 utes be, and is hereby, amended by adding thereto the words "or 
 where he died." 
 
 *R. S. 4543. 
 June 7, 1872 (Sec. 48), S. L. 17, p. 272. 
 
 PAYMENT TO CIRCUIT COURT. 
 
 Every shipping-commissioner in the United States shall, within one 
 week from the date of receiving any sufch money, wages, or effects of 
 any deceased seaman or apprentice, pay, remit, or deliver to the * cir- 
 cuit court of the circuit in which he resides, the money, wages, or 
 effects, subject to such deductions as may be allowed by the **circuit 
 court for expenses incurred in respect to such money and effects ; and 
 should any commissioner fail to pay, remit, and deliver the same to 
 the **circuit court, within the time hereinbefore mentioned, he shall 
 incur a penalty of not more than treble the value of such money and 
 effects. 
 
 * "district court of the district"— May 28, 1896. 
 ** "district court"— May 28, 1896. 
 
 *R. S. 4544. 
 June 7, 1872 (Sec. 49), S. L. 17, p. 272. 
 
 DISTRIBUTION OF SEAMAN 'S MONEY AND EFFECTS BY CIRCUIT COURT. 
 
 If the money and effects of any seaman or apprentice paid, remitted, 
 or delivered to the * circuit court, including the moneys received for 
 any part of his effects which have been sold, either before delivery to 
 the *circuit court, or by its directions, do not exceed in value the sum 
 of three hundred dollars, then, subject to the provision's hereinafter 
 contained, and to all such deductions for expenses incurred in respect 
 to the seaman or apprentice, or of his money and effects, as the said 
 court thinks fit to allow, the court may pay and deliver the said money 
 and effects to any claimants who can prove themselves either to be his 
 widow or children, or to be entitled to the effects of the deceased under 
 his will, or under any statute, or at common law, or to be entitled to 
 procure probate, or take out letters of administration or confirmation, 
 although no probate or letters of administration or confirmation have 
 been taken out, and shall be thereby discharged from all further lia- 
 bility in respect of the money and effects so paid and delivered ; or 
 
 * "district court"— May 28, 1896. 
 
THE seaman's contract. 107 
 
 may. if it thinks fit so- to do, require probate, or letters of administra- 
 tion or confirmation, to be taken out, and thereupon pay and deUver 
 the said money and efirects to the legal personal representative of the 
 deceased ; and if such money and eflfects exceed in value the sum of 
 three hundred dollars, then, subject to deduction for expenses, the 
 court shall pay and deliver the same to the legal personal representa- 
 tives of the deceased. 
 
 R. S. 4545. 
 June 7, 1872 (Sec. 50), S. L. 17, p. 273. 
 
 UNCLAIMED WAGES AND EFFECTS OF DECEASED SEAMEN. 
 
 W^hen no claim to the wages or effects of a deceased seaman or 
 apprentice, received by a circuit court, is substantiated within six 
 years after the receipt thereof by the court, it shall be in the absolute 
 discretion of the court, if any subsequent claim is made, either to allow 
 or refuse the same. Such courts shall, from time to time, pay any 
 moneys arising from the unclaimed wages and effects of deceased 
 seamen, which, in their opinion, it is not necessary to retain for the 
 purpose of satisfying claims, into the Treasury of the United States, 
 and such moneys shall form a fund for, and be appropriated to, the 
 relief of sick and disabled and destitute seamen belonging to the United 
 States merchant marine service. 
 
 *^IARCH 3, 1897 (SEC. 7). 
 
 S. L. 29, p. 689 (R. S. 4545). 
 
 Sec 4545. A * circuit court, in its discretion, may at any time direct 
 the sale of the whole or any part of the effects of a deceased seaman 
 or apprentice, which it has received or may hereafter receive, and shall 
 hold the proceeds of such sale as the wages of deceased seamen are 
 held. When no claim to the wages or effects or proceeds of the sale of 
 the effects of a deceased seaman or apprentice, received by a circuit 
 court, is substantiated within six years after the receipt thereof by the 
 court, it shall be in the absolute discretion of the court, if any subse- 
 quent claim is made, either to allow or refuse the same. Such courts 
 shall, from time to time, pay any moneys arising from the unclaimed 
 wages and effects of deceased seamen, which in their opinion it is not 
 necessary to retain for the purpose of satisfying claims, into the Treas- 
 ury of the United States, and such moneys shall form a fund for, and 
 be appropriated to, the relief of sick and disabled and destitute seamen 
 belonging to the United States merchant marine service. 
 
 * "district court"— May 28, 1896. 
 
108 THE seaman's contract. 
 
 OFFENSES AND PUNISHMENTS. 
 
 (See also "Shipping Articles," "Illtreatment of Seamen," "Crimes.") 
 
 *R. S. 4079. 
 June 11, 1864 (Sec. 1), S. L. 13, p. 121. 
 
 POWERS OF FOREIGN CONSULS OVER DISPUTES BETWEEN SEAMEN. 
 
 Whenever it is stipulated by treaty or convention between the 
 United States and any foreign nation that the consul-general, consuls, 
 vice-consuls, or consular or commercial agents of each nation, shall 
 have exclusive jurisdiction of controversies, difficulties, or disorders 
 arising at sea or in the waters or ports of the other nation, between 
 the master or officers and any of the crew, or between any of the crew 
 themselves, of any vessel belonging to the nation represented by such 
 consular officer, such stipulations shall be executed and enforced within 
 the jurisdiction of the United States as hereinafter declared. But 
 before this section shall take effect as to the' vessels of any particular 
 nation having such treaty with the United States, the President shall 
 be satisfied that similar provisions have been made for the execution 
 of such treaty by the other contracting party, and shall issue his proc- 
 lamation to that effect, declaring this section to be in force as to such 
 nation. 
 
 *R. S. 4080. 
 June 11, 1864 (Sec. 2), S. L. 13, p. 121. 
 
 ARREST OF SEAMEN ON APPLICATION OF CONSUL. 
 
 In all cases within the purview of the preceding section the consul- 
 general, consul, or other consular or commercial authority of such 
 foreign nation charged with the appropriate duty in the particular case, 
 may make application to any court of record of the United States, or 
 to any judge thereof, or to any commissioner of a * circuit court, set- 
 ting forth that such controversy, difficulty, or disorder has arisen, 
 briefly stating the nature thereof, and when and where the same oc- 
 curred, and exhibiting a certified copy or extract of the shipping arti- 
 cles, roll, or other proper paper of the vessel, to the effect that the 
 person in question is of the crew or ship's company of such vessel; 
 and further stating and certifying that such person has withdrawn 
 himself, or is believed to be about to withdraw himself, from the con- 
 trol and discipline of the master and officers of the vessel, or that he 
 has refused, or is about to refuse, to submit to and obey the lawful 
 
 * "district court"— May 28, 1896. 
 
THE seaman's contract. 109 
 
 jurisdiction of such consular or commercial authority in the premises; 
 and further stating and certifying that, to the best of the knowledge 
 and belief of the officer certifying, such person is not a citizen of the 
 United States. Such application shall be in writing and duly authenti- 
 cated by the consular or other sufficient official seal. Thereupon such 
 court, judge, or commissioner shall issue his warrant for the arrest of 
 the person so complained of, directed to the marshal of the United 
 States for the appropriate district, or in his discretion to any person, 
 being a citizen of the United States, whom he may specially depute 
 for the purpose, requiring such person to be brought before him for 
 examination at a certain time and place. 
 
 *R. S. 4081. 
 June 11, 1864 (Sec. 2), S. L. 13, p. 121. 
 
 COMMITMENT AND DISCHARGE. 
 
 If, on such examination, it is made to appear that the person so 
 arrested is a citizen of the United States, he shall be forthwith dis- 
 charged from arrest, and shall be left to the ordinary course of law. 
 But if this is not made to appear, and such court, judge, or commis- 
 sioner finds, upon the papers hereinbefore referred to, a sufficient 
 prima facie case that the matter concerns only the internal order and 
 discipline of such foreign vessel, or, whether in its nature civil or crim- 
 inal, does not affect directly the execution of the laws of the United 
 States, or the rights and duties of any citizen of the United States, he 
 shall forthwith, by his warrant, commit such person to prison, where 
 prisoners under sentence of a court of the United States may be law- 
 fully committed, or, in his discretion, to the master or chief officer of 
 such foreign vessel, to be subject to the lawful orders, control, and 
 discipline of such master or chief officer, and to the jurisdiction of 
 the consular or commercial authority of the nation to which such ves- 
 sel belongs, to the exclusion of any authority or jurisdiction in the 
 premises of the United States or any State thereof. No person shall 
 be detained more than two months after his arrest, but at the end of 
 that time shall be set at liberty and shall not again be arrested for the 
 same cause. The expenses of the arrest and the detention of the per- 
 son so arrested shall be paid by the consular officers making the 
 application. 
 
 ■^■MARCH 4, 1915 (SEC. 17). 
 S. L. 38, p. 1184 (R. S. 5280, 4081). 
 
 That upon the expiration after notice of the periods required, re- 
 spectively, by said treaties and conventions and of one year in the case 
 of the independent State of the Kongo, so much as hereinbefore de- 
 
110 THE SEAMAN'S CONTEACT. 
 
 scribed in each and every one of said articles shall be deemed and 
 held to have expired and to be of no force and effect, and thereupon 
 section fifty-two hundred and eighty and so much of section four thou- 
 sand and eighty-one of the Revised Statutes as relates to the arrest or 
 imprisonment of officers and seamen deserting or charged with deser- 
 tion from merchant vessels of foreign nations in the United States and 
 Territories and possessions thereof, and for the co-operation, aid, and 
 protection of competent legal authorities in effecting such arrest or 
 imprisonment, shall be, and is hereby, repealed. 
 
 R. S. 4596. 
 June 7, 1872 (Sec. 51), S. L. 17, p. 273. 
 
 VARIOUS OFFENSES BY SEAMEN ; PENALTIES. 
 
 Whenever any seaman who has been lawfully engaged, or any a])- 
 prentice to the sea service, commits any of the following offenses, he 
 shall be punishable as follows : 
 
 First. For desertion, by imprisonment for not more than three 
 months, and by forfeiture of all or any part of the clothes or effects 
 he leaves on board, and of all or any part of the wages or emoluments 
 which he has then earned. 
 
 Second. For neglecting and refusing, without reasonable cause, to 
 join his vessel, or to proceed to sea in his vessel, or for absence with- 
 out leave at any time within twenty-four hours of the vessel sailing 
 from any port, either at the commencement or during the progress of 
 any voyage ; or for absence at any time without leave, and without suf- 
 ficient reason, from his vessel, or from his duty, not amounting to 
 desertion or not treated as such by the master ; by imprisonment for 
 not more than one month, and also, at the discretion of the court, by 
 forfeiture of his wages, of not more than two days" pay, and, for 
 every twenty-four hours of absence, either a sum not exceeding six 
 days' pay, or any expenses which have been properly incurred in 
 hiring a substitute. 
 
 Third. For quitting the vessel without leave after her arrival at 
 her port of dehvery, and before she is placed in security, by forfeiture 
 out of his wages of not more than one month's pay. 
 
 Fourth. For willful disobedience to any lawful command, by im- 
 prisonment for not more than two months, and also, at the discretion 
 of the court, by forfeiture out of his wages of not more than four 
 days' pay. 
 
 Fifth. For continued willful disobedience to lawful commands, or 
 continued willful neglect of duty, by imprisonment for not more than 
 "six months, and also, at the discretion of the court, by forfeiture, for 
 
THE SEAJIAN'S CONTRACT. Ill 
 
 every t\vcnt)'-four hours' continuance of such disobedience or neglect, 
 of either a sum not more than twelve days' pay, or sufficient to defray 
 any expenses which have been properly incurred in hiring a substitute. 
 
 Sixth. For assaulting any master or mate, by imprisonment for not 
 more than two years. 
 
 Seventh. For combining with any others of the crew to disobey 
 lawful commands, or to neglect duty, or to impede navigation of the 
 vessel, or the progress of the voyage, by imprisonment for not more 
 than twelve months. 
 
 Eighth. For willfully damaging the vessel, or embezzling or will- 
 fully damaging any of the stores or cargo, by forfeiture out of his 
 wages, of a sum equal in amount to the loss thereby sustained, and 
 also, at the discretion of the court, by imprisonment for not more than 
 twelve months. 
 
 Ninth. For any act of smuggling of which he is convicted, and 
 whereby loss or damage is occasioned to the master or owner, he shall 
 be liable to pay such master or owner such a sum as is sufficient- to 
 re-imburse the master or owner for such loss or damage ; and the 
 whole or any part of his wages may be retained in satisfaction or on 
 account of such liability ; and he shall also be liable to imprisonment 
 for a period of not more than twelve months. 
 
 DEC. 21, 1898 (SEC. 19). 
 S. L. 30, p. 760 (R. S. 4596). 
 
 Sec. 4596. The words "domestic trade" in this section shall include 
 trade between ports of the United States and trade between ports of 
 the United States and the Dominion of Canada, Newfoundland, the 
 West Indies,, and ]\Iexico. The words "foreign trade" shall include 
 trade between ports of the United States and foreign ports, except as 
 above specified, and trade between Atlantic and Pacific ports of the 
 United States. Whenever any seaman who has been lawfully engaged 
 or any apprentice to the sea service commits, any of the following 
 offenses he shall be punishable as follows: 
 
 First. For desertion, if the offense occur at a port of the United 
 States, or a foreign port in the domestic trade, by forfeiture of all 
 or any part of the clothes or effects he leaves on board and of all or 
 any part of the wages or emoluments which he has then earned. If 
 the offense occur at a foreign port in the foreign trade, by forfeiture 
 of all or any part of the clothes or effects he leaves on board and of 
 all or any part of the wages or emoluments which he has then earned ; 
 and also, at the discretion of the court, by imprisonment for not more 
 than one month. 
 
 Second. For neglecting or refusing, without reasonable cause, to 
 
112 THE seaman's contract. 
 
 join his vessel or to proceed to sea in his vessel, or for absence vi^ithout 
 leave at any time within twenty-four hours of the vessel's sailing from 
 any port, either at the commencement or during the progress of any 
 voyage, or for absence at any time without leave and without sufficient 
 reason from his vessel or from his duty, not amounting to desertion 
 or not treated as such by the master, if the offense occur at a port of 
 the United States or a foreign port in the domestic trade, by a for- 
 feiture from his wages of not more than two days' pay, or sufficient to 
 defray any expenses which have been properly incurred in hiring a 
 substitute; or if the offense occur at a foreign port, in the foreign 
 trade, by a forfeiture from his wages of not more than two days' pay, 
 or, at the discretion of the court, by imprisonment for not more than 
 one month. 
 
 Third. For quitting the vessel, in whatever trade engaged, at a 
 foreign or domestic port, without leave after her arrival at her port of 
 delivery and before she is placed in security, by forfeiture from his 
 wages of not more than one month's pay. 
 
 Fourth. For willful disobedience to any lawful command at sea, 
 by being, at the option of the master, placed in irons until such dis- 
 obedience shall cease, and upon arrival in port, if of the United States, 
 by forfeiture from his wages of not more than four days' pay, or upon 
 arrival in a foreign port by forfeiture from his wages of not more 
 than four days' pay, or, at the discretion of the court, by imprison- 
 ment for not more than one month. 
 
 Fifth. For continued willful disobedience to lawful command or 
 continued willful neglect of duty at sea by being, at the option of the 
 master, placed in irons, on bread and water, with full rations every 
 fifth day, until such disobedience shall cease, and upon arrival in porr. 
 if of the United States, by forfeiture, for every twenty-four hours' 
 continuance of such disobedience or neglect, of either a sum of not 
 more than twelve days' pay or sufficient to defray any expenses which 
 have been properly incurred in hiring a substitute, or upon arrival in 
 a foreign port, in addition to the above penalty, by imprisonment for 
 not more than three months, at the discretion of the court. 
 
 Sixth. For assaulting any master or mate, in whatever trade en- 
 gaged, by imprisonment for not more than two years. 
 
 Seventh. For willfully damaging the vessel, or embezzling or will- 
 fully damaging any of the stores or cargo, in whatever trade engaged, 
 by forfeiture out of his wages of a sum equal in amount to the loss 
 thereby sustained, and also, at the discretion of the court, by imprison- 
 ment for not more than twelve months. 
 
 Eighth. For any act of smuggling for which he is convicted, and 
 whereby loss or damage is occasioned to the master or owner, in 
 
THE seaman's contract. 113 
 
 whatever trade engaged, he shall be liable to pay such master or 
 owner such a sum as is sufficient to reimburse the master or owner 
 for such loss or damage; and the whole or any part of his wages 
 may be retained in satisfaction or on account of such liability; and 
 he shall be liable to imprisonment for a period of not more than twelve 
 months. 
 
 *MAR. 4, 1915 (SEC. 7). 
 
 S. L. 38, p. 1166 (R. S. 4596). 
 
 Sec. 4596. Whenever any seaman who has been lawfully engaged 
 or any apprentice to the sea service commits any of the following 
 offenses, he shall be punishable as follows: 
 
 First. For desertion, by forfeiture of all or any part of the clothes 
 or effects he leaves on board and of all or any part of the wages or 
 emoluments which he has then earned. 
 
 Second. For neglecting or refusing without reasonable cause to 
 join his vessel or to proceed to sea in his vessel, or for absence without 
 leave at any time within twenty-four hours of the vessel's sailing from 
 any port, either at the commencement or during the progress of the 
 voyage, or for absence at any time without leave and without sufficient 
 reason from his vessel and from his duty, not amounting to desertion, 
 by forfeiture from his wages of not more than two days' pay, or 
 sufficient to defray any expenses which shall have been properlv in- 
 curred in hiring a substitute. 
 
 Third. For quitting the vessel without leave, after her arrival at 
 the port of her delivery and before she is placed in security, by for- 
 feiture from his wages of not more than one month's pay. 
 
 Fourth. For willful disobedience to any lawful command at sea, 
 by being, at the option of the master, placed in irons until such dis- 
 obedience shall cease, and upon arrival in port by forfeiture from his 
 wages of not more than four days' pay, or, at the discretion of the 
 court, by imprisonment for not more than one month. 
 
 Fifth. For continued willful disobedience to lawful command or 
 continued willful neglect of duty at sea, by being, at the option of the 
 master, placed in irons, on bread and water, with full rations every 
 fifth day, until such disobedience shall cease, and upon arrival in port 
 by forfeiture, for every twenty-four hours' continuance of such dis- 
 obedience or neglect, of a sum of not more than twelve days' pay, or 
 by imprisonment for not more than three months, at the discretion of 
 the court. 
 
 Sixth. For assaulting any master or mate by imprisonment for not 
 more than two years. 
 
 Seventh. For willfully damaging the vessel, or embezzling or will- 
 
114 THE seaman's CONTRACT- 
 
 fully damaging any of the stores or cargo, by forfeiture out of his 
 wages of a sum equal in amount to the loss thereby sustained, and 
 also, at the discretion of the court, by imprisonment for not more than 
 twelve months. 
 
 Eighth. For any act of smuggling for which he is convicted and 
 whereby loss or damage is occasioned to the master or owner, he 
 shall be liable to pay such master or owner such a sum as is sufficient 
 to reimburse the master or owner for such loss or damage, and the 
 whole or any part of his wages may be retained in satisfaction or on 
 account of such liabiUty, and he shall be liable to imprisonment for a 
 period of not more than twelve months. 
 
 R. S. 4597. 
 June 7, 1872 (Sec. 52), S. L. 17, p. 274. 
 
 ENTRY OF OFFENSE IN LOG-BOOK. 
 
 Upon the commission of any of the offenses enumerated in the 
 preceding section, an entry thereof shall be made in the ofificial log- 
 book, and shall be signed by the master, and by the mate or one of 
 the crew; and the offender, if still in the vessel, shall, before her next 
 arrival at any port, or if she is at the time in port, before her de- 
 parture therefrom, either be furnished wtih a copy of such entry, or 
 have the same read over disiinctly and audibly to him, and may there- 
 upon make such reply thereto as he thinks fit ; and a statement that a 
 copy of the entry has been so furnished, or the same has been so read 
 over, together with the reply, if any, made by the offender, shall like- 
 wise be entered and signed in the same manner. In any subsequent 
 legal proceedings the entries hereinbefore required shall, if practicable, 
 be produced or proved, and in default of such production or proof, the 
 court hearing the case may, at its discretion, refuse to receive evidence 
 of the offense. 
 
 *DEC. 21, 1898 (SEC. 20). 
 
 S. L. 30, p. 761 (R. S. 4597). 
 
 Sec. 4597 Upon the commission of any of the offenses enumerated 
 in the preceding section an entry thereof shall be made in the ofificial 
 log-book on the day on which the offense was committed, and shall 
 be signed by the master and by the mate or one of the crew ; and the 
 offender, if still in the vessel, shall, before her next arrival at any 
 port, or, if she is at the time in port, before her departure therefrom, 
 be furnished with a copy of such entry, and have the same read over 
 distinctly and audibly to him, and may thereupon make such a reply 
 
THE seaman's contract. 115 
 
 thereto as he thinks fit ; and a statement that a copy of the entry has 
 been so furnished, or the same has been so read over, together with 
 his reply, if any, made by the oflfender, shall likewise be entered and 
 signed in the same manner. In any subsequent legal proceedings the 
 entries hereinbefore required shall, if practicable, be produced or 
 proved, and in default of such production or proof the court hearing 
 the case may, at its discretion, refuse to receive evidence of the offense. 
 
 R. S. 4598. 
 July 20, 1790 (Sec. 7), S. L. 1, p. 134. 
 
 DESERTERS JI.VY BE APPREHENDED ON JUSTICE'S WARRANT. 
 
 If any seaman who shall have signed a contract to perform a voyage 
 shall, at any port or place, desert, or shall absent himself from such 
 vessel, without leave of the master, or officer commanding in the ab- 
 sence of the master, it shall be lawful for any justice of the peace 
 within the United States, upon the complaint of the master, to issue 
 his warrant to apprehend such deserter, and bring him before such 
 justice ; and if it then appears that he has signed a contract within the 
 intent and meaning of this Title, and that the voyage agreed for is 
 not finished, or altered, or the contract otherwise dissolved, and that 
 such seaman has deserted the vessel, or absented himself without leave, 
 the justice shall commit him to the house of correction or common 
 jail of the city, town, or place, to remain there until the vessel shall 
 be ready to proceed on her voyage, or till the master shall require 
 his discharge, and then to be delivered to the master, he paying all 
 the cost of such commitment, and deducting the same out of the wages 
 due to such seaman. 
 
 R. S. 4599. 
 June 7, 1872 (Sec. 53), S. L. 17, p. 274. 
 
 ARREST OF SEAMAN WITHOUT WARR.\NT, WHEN ALLOWABLE. 
 
 A\'henever, either at the commencement of or during any voyage, 
 any seaman or apprentice neglects or refuses to join, or deserts from 
 or refuses to proceed to sea in, any vessel in which he is duly en- 
 gaged to serve, or is found otherwise absenting himself therefrom 
 without leave, the master, or any mate, or the owner, or consignee, 
 or shipping commissioner, may, in any place in the United States, 
 with or without the assistance of the local public officers or constables, 
 who are hereby directed to give their assistance if required, and also 
 at any place out of the United States, if and so far as the laws in 
 force at such place will permit, apprehend him without first procuring 
 
116 THE seaman's contract. 
 
 a warrant ; and may thereupon, in any case, and shall in case he so 
 requires and it is practicable, convey him before any court of justice 
 or magistrate of any State, city, town, or county, within the United 
 States, authorized to take cogTiizance of offenses of like degree and 
 kind, to be dealt with according to the provisions of law governing 
 such cases ; and may, for the purpose of conveying him before such 
 court or magistrate, detain him in custody for a period not exceed- 
 ing twenty-four hours, or may, if he does not so require, or if there 
 is no such court at or near the place, at once convey him on board. 
 If such apprehension, appears to the court or magistrate before whom 
 the case is brought to have been made on improper or on insufficient 
 grounds, the master, mate, consignee, or shipping-commissioner who 
 makes the same, or causes the same to be made, shall be liable to a 
 penalty of not more than one hundred dollars ; but such penalty, if 
 inflicted, shall be a bar to any action for false imprisonment. 
 
 R. S. 4600. 
 
 July 20, 1840 (Sec. 17), S. L. 5. p. 394; June 7, 1872 (Sec. 56 >. 
 
 S. L. 17, p. 275. 
 
 EECLAM.\TION AND DISCHARGE OF DESERTERS BY CONSULAR OFFICERS. 
 
 It shall be the duty of consular officers to reclaim deserters and 
 discountenance insubordination by every means within their power ; 
 and where the local authorities can be usefully employed for that 
 purpose, to lend their aid and use their exertions to that end, in the 
 most effectual manner. In all cases where deserters are apprehended, 
 the consular officer shall inquire into the facts ; and if he is satisfied 
 that the desertion was caused by unusual or cruel treatment, the sea- 
 man 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. 
 
 JUNE 26, 1884 (SEC. 6). 
 
 S. L. 23, p. 53 (R. S. 4600). 
 
 Sec. 4600. It shall be the duty of consular officers to reclaim de- 
 serters and discountenance insubordination by every means within 
 their power, and where the local authorities can be usefully employed 
 for that purpose, to lend their aid and use their exertions to that end 
 in the most effectual manner. In all cases where deserters are appre- 
 hended the consular officer shall inquire into the facts ; and if he is 
 
THE seaman's contract. 117 
 
 satisfied that the desertion was caused by unusual or cruel treatment, 
 he shall discharge the seaman, and require the master of the vessel 
 from which such seaman is discharged to pay one month's wages 
 over and above the wages then due ; and the officer discharging such 
 seaman shall enter upon tlie crew-list and shipping articles the cause 
 of discharge, and the particulars in which the cruelty or unusual 
 treatment consisted, and the facts as to his discharge or re-engage- 
 ment, as the case may be, and subscribe his name thereto officially. 
 
 DEC. 21, 1898 (SEC. 21). 
 
 S. L. 30, p. 755 (R. S. 4600). 
 
 Sec. 4600. It shall be the duty of all consular officers to reclaim 
 deserters, discountenance insubordination by every means in their 
 power, and, where the local authorities can be usefully employed for 
 that purpose, to lend their aid and use their exertions to that end in 
 the most effectual manner. In all cases where seamen or officers are 
 accused the consular officer shall inquire into the facts and proceed as 
 provided in section forty-five hundred and eighty- three of the Revised 
 Statutes ; and the officer discharging such seamen shall enter upon the 
 crew list and shipping articles and official log the cause of discharge 
 and the particulars in which the cruel or unusual treatment consisted, 
 and subscribe his name thereto officially. He shall read the entry made 
 in the official log to the master, and his reply thereto, if any, shall 
 likewise be entered and subscribed in the same maimer. 
 
 *MARCH 4, 1915 (SEC. 8). 
 S. L. 38, p. 1167 (R. S. 4600). 
 Sec. 4600. It shall be the ditty of all consular officers to dis- 
 countenance insubordination by every means in their power and, where 
 the local authorities can be usefully employed for that purpose, to 
 lend their aid and use their exertions to that end in the most effectual 
 manner. In all cases where seamen or officers are accused, the con- 
 sular officer shall inquire into the facts and proceed as provided in 
 Section 4583 of the Revised Statutes. The officer discharging such 
 seaman shall enter upon the crew list and shipping articles and official 
 log the cause of such discharge and the particulars in which the cruel 
 or unusual treatment consisted, and subscribe his name thereto of- 
 ficially. He shall read the entry made, in the official log to the master, 
 and his reply thereto, if any, shall Ukewise be entered and subscribed 
 in the same manner. 
 
118 THE seaman's contract. 
 
 *R. S. 4602. 
 
 June 7, 1872 (Sec. 54), S. L. 17, p. 274. 
 
 penalty for drunkenness or neglect of duty. 
 
 Any master of, or any seaman or apprentice belonging to, any' 
 merchant-vessel, who, by willful breach of duty, or by reason of 
 drunkenness, does any act tending to the immediate loss or destruc- 
 tion of, or serious damage to such vessel, or tending immediately to 
 endanger the life or limb of any person belonging to or on board of 
 such vessel ; or who, by willful breach of duty, or by neglect of duty, 
 or by reason of drunkenness, refuses or omits to do any lawful act 
 proper and requisite to be done by him for preserving such vessel from 
 immediate loss, destruction, or serious damage, or for preserving any 
 person belonging to or on board of such ship from immediate danger 
 to life or limb, shall, for every such offense, be deemed guilty of a 
 misdemeanor, punishable by imprisonment for not more than twelve 
 months. 
 
 *R. S. 4604. 
 
 June 7, 1872 (Sec. 55), S. L. 17, p. 274. 
 
 disposal of forfeitures. 
 
 All clothes, effects, and wages which, under the provisions of this 
 title, are forfeited for desertion, shall be applied, in the first instance, 
 in payment of the expenses occasioned by such desertion, to the 
 master or owner of the vessel from which the desertion has taken 
 place, and the balance, if any, shall be paid by the master or owner 
 to any shipping-commissioner resident at the port at which the voyage 
 of such vessel terminates; and the shipping-commissioner shall account 
 for and pay over such balance to the judge of the ^'circuit court- within 
 one month after the commissioner receives the same, to be disposed 
 of by him in the same manner as is prescribed for the disposal of the 
 money, effects, and wages of deceased seamen. Whenever any master 
 or owner neglects or refuses to pay over to the shipping-commissioner 
 such balance, he shall be liable to a penalty of double the amount 
 thereof, recoverable by the commissioner in the same manner that 
 seamen's wages are recovered. In all other cases of forfeiture of 
 wages, the forfeiture shall be for the benefit of the master or owner 
 by whom the wages are payable. 
 
 * "district court"— May 28, 1896. 
 
THE seaman's contract. 119 
 
 *R. S. 4608. 
 July 27, 1866 (Sees. 1, 2), S. L. 14, p. 304. 
 
 CARRYING SHEATH-KNIVES PROHIBITED. 
 
 Xo seaman in the merchant-service shall wear any sheath-knife on 
 shipboard. It shall be the duty of tlie master of any vessel registered, 
 enrolled, or licensed under the laws of the United States, and of the 
 person entering into contract for the employment of a seaman upon 
 any such vessel, to inform every person offering to ship himself of 
 the provisions of this section, and to require his compliance there- 
 with, under a penalty of fifty dollars for each omission, to be sued 
 for and recovered in the name of the United States, under the di- 
 rection of the Secretary of the Treasury ; one-half for the benefit of 
 the informer, and the other half for the benefit of the fund for the 
 relief of sick and disabled seamen. 
 
 *R. S. 4610. 
 June 7, 1872 (Sec. 64), S. L. 17, p. 276. 
 
 PENALTIES AND FORFEITURES, AND HOW RECORDED. 
 
 All penalties and forfeitures imposed by this Title, for the recovery 
 whereof no specific mode is herein before provided, may be recovered, 
 with costs, in any ^circuit court of the United States, at the suit of any 
 district attorney of the United States, or at the suit of any person by 
 information to any district attorney in any port of the United States, 
 where or near to where the offense is committed or the offender is 
 found ; and if a conviction is had, and the sum imposed as a penalty 
 by the court is not paid either immediately after the conviction, or 
 within such period as the court at the time of the conviction appoints, 
 it shall be lawful for the court to commit the offender to prison, there 
 to be imprisoned for the term hereinbefore provided in case of such 
 offense, the commitment to be terminable upon payment of the amount 
 and costs ; and all penalties and forfeitures mentioned in this Title 
 for which no special application is provided, shall, when recovered, be 
 paid and applied in manner following: So much as the court shall 
 determine, and the residue shall be paid to the court and be remitted 
 from time to time, by order of the judge, to the Treasury of the United 
 States, and appropriated as provided for in section forty-five hundred 
 and forty-five: Provided always, That it shall be lawful for the court 
 before which any proceeding shall be instituted for the recovery of 
 any pecuniary penalty imposed by this act, to mitigate or reduce such 
 penalty as to such court shall appear just and reasonable ; but no 
 such penalty shall be reduced to less than one-third of its original 
 
 * "district court"— May 28, 1896. 
 
120 THE seaman's contract. 
 
 amount : Provided also, That ail proceedings so to be instituted shall 
 be commenced within two ye'ars next after the commission of the 
 offense, if the same shall have been committed at or beyond the Cape 
 of Good Hope or Cape Horn, or within one year if committed • else- 
 where, or within two months after the return of the offender and 
 the complaining party to tiie United States ; and there shall be no 
 appeal from any decision of any of the *circuit courts, unless the 
 amount sued for exceeds the sum of five hundred dollars. 
 
 * "district courts"— May 28, 1896. 
 
 R. S. 5280. 
 March 2, 1829, S. L. 4, p. 359; Feb. 24, 1855, S. L. 10, p. 614. 
 arrest of deserting seamen from foreign vessels. 
 On application of a consul or vice-consul of any foreign govern- 
 ment having a treaty with the United States stipulating for the res- 
 toration of seamen deserting, made in writing, stating that the person 
 therein named has deserted from a vessel of any such government, 
 while in any port of the United States, and on proof by the exhibition 
 of the register of the vessel, ship's roll, or other official document, that 
 the person named belonged, at the lime of desertion, to the crew of 
 sucli vessel, it shall be the duty of any court, judge, commissioner of 
 any circuit court, justice, or other magistrate, having competent 
 power, to issue warrants to cause such person to be arrested for 
 examination. K, on examination, the facts stated are found to be 
 true, the person arrested not being a citizen of the United States, 
 shall be delivered up to the consul or vice-consul, to be sent back to 
 the dominions of any such government, or, on the request and at the 
 expense of the consul or vice-consul, shall be detained until the consul 
 or vice-consul finds an opportunity to send him back to the dominions 
 of any such government. No person so arrested shall be detained 
 more than two months after his arrest; but at the end of that time 
 shall be set at liberty, and shall not be again molested for the same 
 cause. If any such deserter shall be found to have committed any 
 crime or offense, his surrender may be delayed until the tribunal 
 before which the case shall be depending, or may be cognizable, shall 
 have pronounced its sentence, and such sentence shall have been 
 carried into effect. 
 
THE seaman's contract. 121 
 
 CRIMES. 
 
 (See also ''Offenses and Punishments.") 
 
 *R. S. 730. 
 
 April 30, 1790 (Sec. 8), S. L. 1, p. 113; April 20, 1818 (Sec. 4), S. L. 
 3, p. 448; May 15, 1820 (Sees. 3, 4, 5), S. L. 3, p. 600; March 3, 
 1825 (Sees. 5, 14), S. L. 4, pp. 115, 118; March 3, 1847, S. L. 9, 
 p. 175. 
 
 OFFENSES ON THE HIGH SEAS^ ETC., WHERE TRIABLE. 
 
 The trial of all offenses committed upon the high seas or elsewhere, 
 out of the jurisdiction of any particular State or district, shall be in 
 the district where the offender is found, or into which he is first 
 brought. 
 
 *R. S. 4300. 
 June 11, 1864 (Sec. 2), S. L. 13, p. 124. 
 
 WHEN SUMMARY TRIALS MAY BE HAD. 
 
 Whenever a complaint shall be made against any master, officer, or 
 seaman of any vessel belonging, in whole or in part, to any citizen of 
 the United States, of the commission of any offense, not capital or 
 otherwise infamous, against any law of the United States made for 
 the protection of persons or property engaged in commerce or navi- 
 gation, it shall be the duty of the district attorney to investigate the 
 same, and the general nature thereof, and if, in his opinion, the case 
 is such as should be summarily tried, he shall report the same to the 
 district judge, and the judge shall forthwith, or as soon as the ordi- 
 nary business of the court will permit, proceed to try the cause, and 
 for that purpose may, if necessary, hold a special session of the court, 
 either in term-time or vacation. 
 
 *R. S. 4301. 
 June 11, 1864 (Sees. 3, 4), S. L. 13, p. 125. 
 
 COMPLAINT AND ANSWER. 
 
 At the summary trial of offenses against the laws for the protection 
 of persons or property engaged in commerce or navigation, it shall not 
 be necessary that the accused shall have been previously indicted, but 
 a statement of complaint, verified by oath in writing, shall be pre- 
 sented to the court, setting out the offense in such manner as clearly 
 
122 THE seaman's contract. 
 
 to apprise the accused of the character of the offense complained of, 
 and to enable him to answer the complaint. The complaint or state- 
 ment shall be read to the accused, who may plead to or answer the 
 same, or make a counter-statement. The trial shall thereupon be 
 proceeded with in a summary manner, and the case shall be decided 
 by the court, unless, at the time for pleading or answering, the ac- 
 cused shall demand a jury, in which case the trial shall be upon the 
 complaint and plea of not guilty. 
 
 *R. S. 4302. 
 June 11, 1864 (Sec. 6), S. L. 13, p. 12.5. 
 
 AMENDMENTS AND ADJOURNMENTS. 
 
 It shall be lawful for the court to allow the district attorney to 
 amend his statement of complaint at any stage of the proceedings, 
 before verdict, if, in the opinion of the court, such amendment will 
 work no injustice to the accused; and if it appears to the court that 
 the accused is unprepared to meet the charge as amended, and that an 
 adjournment of the cause will promote the ends of justice, such 
 adjournment shall be made, until a further day, to be fixed by the 
 court. 
 
 *R. S. 4303. 
 June 11, 1864 (Sec. 7), S. L. 13, p. 125. 
 
 CHALLENGES TO , JURORS. 
 
 At the trial in summary cases, if by jury, the United States and 
 the accused shall each be entitled to three peremptory challenges. 
 Challenges for cause, in such cases, shall be tried by the court without 
 the aid of triers. 
 
 *R. S. 4304. 
 June 11, 1864 (Sec. 5), S. L. 13, p. 125. 
 
 LIMIT OF SENTENCES. 
 
 It shall not be lawful for the court to sentence any person convicted 
 in such trial to any greater punishment than imprisonment in jail for 
 one year, or to a fine exceeding five hundred dollars, or both, in its 
 discretion,, in those cases where the laws of the United States authorize 
 such imprisonment and fine. 
 
THE seaman's contract. 123 
 
 *R. S. 4305. 
 Dec. 31, 1792 (Sec 29), S. L. 1, p. 298. 
 
 RECOVERY OF PENALTIES AND FORFEITURES UNDER NAVIGATION LAWS, 
 
 All the penalties and forfeitures which may be incurred for offenses 
 against this Title may be sued for, prosecuted, and recovered in such 
 court, and be disposed of in such manner, as any penalties and for- 
 feitures which may be incurred for oifenses against the laws relating 
 to the collection of duties, except when otherwise expressly prescribed. 
 
 *SEPT. 4, 1890. 
 S. L. 26, p. 424. 
 
 JURISDICTION EXTENDED OVER GREAT LAKES, ETC. 
 
 That every person who shall, upon any vessel registered or enrolled 
 under the laws of the United States, and being on a voyage upon the 
 waters of any of the Great Lakes, namely. Lake Superior, Lake Michi- 
 gan, Lake Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or any 
 of the waters connecting any of the said lakes, commit or be guilty of 
 any of the acts, neglects, or omissions, respectively, mentioned in 
 chapter three of title seventy [Sees. 5339-5391] of the Revised Statutes 
 of the L'nited States shall, upon conviction thereof, be punished with 
 the same punishments in the said title and chapter, respectively, affixed 
 to the same offenses therein mentioned, respectively. 
 
 Sec. 2. That the circuit and district courts of the United States, 
 lespectively, are hereby vested with the same jurisdiction in respect 
 of the offenses mentioned in the first section of this act that they by 
 law have and possess in respect of the offenses in said chapter and 
 title in the first section of this act mentioned, and said courts, re- 
 spectively, are also for the purpose of this act vested with aU and 
 the same jurisdiction they, respectively, have by force of title thirteen, 
 chapter three [Sees. 563-571], and title thirteen, chapter seven [Sees. 
 629-657], of the Revised Statutes of the United States. 
 
 *MARCH 4, 1909 (SEC. 272). 
 S. L. 35, p. 1142. 
 
 PLACES AND WATERS APPLICABLE. 
 
 Sec. 272. The crimes and offenses defined in this chapter [Chap, 
 xi.] shall be punished as herein prescribed: 
 
 First. When committed upon the high seas, or on any other 
 waters within the admiralty and maritime jurisdiction of the United 
 States and out of the jurisdiction of any particular State, or when 
 
124 THE seaman's contract. 
 
 committed within the admiralty and maritime jurisdiction of the 
 United States and out of the jurisdiction of any particular State on 
 board any vessel belonging in whole or in part to the United States 
 or any citizen thereof, or to any corporation created by or under 
 the laws of the United States, or of any State, Territory, or District 
 thereof. 
 
 Second. When committed upon any vessel registered, licensed, or 
 enrolled under the laws of the United States, and being on a voyage 
 upon the >vaters of any of the Great Lakes, namely: Lake Superior, 
 Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake 
 Ontario, or any of the waters connecting any of said lakes, or upon 
 the River Saint Lawrence where the same constitutes the International 
 boundary line. 
 
 Third. When committed within or on any lands reserved or acquired 
 for the exclusive use of the United States, and under the exclusive 
 jurisdiction thereof, or any place purchased or otherwise acquired by 
 the United States by consent of the legislature of the State in which 
 the same shall be, for the erection of a fort, magazine, arsenal, dock- 
 yard, or other needful building. 
 
 Fourth. On any island, rock, or key, containing deposits of guano, 
 which may, at the discretion of the President, be considered as apper- 
 taining to the United States. 
 
 *MARCH 4, 1909 (SEC. 310). 
 S. L. 35, p. 1148. 
 
 "VESSEL OF THE UNITED STATES" DEFINED. 
 
 Sec. 310. The words "vessel of the United States," wherever they 
 occur in this chapter [Chap, xii.], shall be construed to mean a vessel 
 belonging in whole or in part to the United States, or any citizen there- 
 of, or any corporation created by or under the laws of the L'nited 
 States, or of any State, Territory, or District thereof. 
 
 *MARCH 3, 1911 (SECS. 42, 43). 
 S. L. 36, p. 1100. 
 
 OFFENSE BEGUN IN ONE DISTRICT AND COMPLETED IN ANOTHER. 
 
 Sec. 42. When any offense against the United States is begun in 
 one judicial district and completed in another, it shall be deemed to 
 have been committed in either, and may be dealt with, inquired of, 
 
THE seaman's contract. 125 
 
 tried, determined, and punished in either district, in the same manner 
 as if it had been actually and wholly committed therein. 
 
 Sec. 43. All pecuniary penalties and forfeitures may be sued for 
 and recovered either in the district where they accrue or in the dis- 
 trict where the offender is found. 
 
 ABANDONMENT OF SEAMEN. 
 
 R. S. 5363. 
 March 3, 1S25 (Sec. 10), S. L. 4, p. 117. 
 
 FORCIBLE ABANDONMENT OF OFFICER OR MARINER IN FOREIGN PORT. 
 
 Every master or commander of any vessel belonging, in whole or 
 part, to any citizen of the United States, who, during his being abroad, 
 maliciously and without justifiable cause forces any officer or mariner 
 of such vessel on shore, in order to leave him behind in any foreign 
 port or place, or refuses to bfing home again all such officers 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. 
 
 *MARCH 4, 1909 (SEC. 295) 
 S. L. 35, p. 1146 (R. S. 5363). 
 Sec 295. Whoever, being master or commander of a vessel of the 
 United States, while abroad, maliciously and without justifiable cause 
 forces any officer or mariner of such vessel on shore, in order to 
 leave him behind in any foreign port or place, or refuses to bring 
 home again all such officers 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 fined not more than five hundred dollars, or imprisoned not more 
 than six months, or both. 
 
 ARSON. 
 
 R. S. 5385. 
 March 3, 1825 (Sec. 1), S. L. 4, p. 115. 
 
 ARSON OF DWELLING HOUSE WITHIN A FORT, ETC. 
 
 Every person who, within any fort, dock-yard, navy-yard, arsenal, 
 armory, or magazine, the site whereof is under the jurisdiction of the 
 United States, or on the site of any light-house, or other needful 
 
126 THE seaman's contract. 
 
 building belonging to the United States, the site whereof is under 
 their jurisdiction, willfully and maliciously burns any dwelling-house, 
 or niansion-hoUse, or any store, barn, stable, or other building, parcel of 
 any dwelling or mansion-house, shall suffer death.' 
 
 *MARCH 4, 1909 (SEC. 285) 
 
 S. L. 35, p. 1144 (R. S. 5385). 
 
 Sec. 285. Whoever shall willfully and maliciously set fire to, burn, 
 or attempt to burn, or by means of a dangerous explosive destroy or 
 attempt to destroy, any dwelling house, or any store, barn, stable, or 
 other building, parcel of a dwelling house, shall be imprisoned not more 
 than twenty years. 
 
 R. S. 5386. 
 March 3, 1825 (Sec. 2), S. L. 4, p. 115. 
 
 ARSON OF ARMORY, ARSENAL, ETC. 
 
 Every person who, in any of the places mentioned in the preceding 
 section, maliciously sets fire to, or burns, any arsenal, armory, maga- 
 zine, rope-walk, ship-house, warehouse, block-house, or barrack, or any 
 store-house, barn, or stable, not parcel of a dwelling-house, or any 
 other building not mentioned in such section, or any vessel built, or 
 begun to be built, or repairing, or any light-house, or beacon, or any 
 timber, cables, rigging, or other materials for building, repairing, or 
 fitting out vessels, or any pile of wood, boards, or other lumber, or 
 any mihtary, naval, or victualing stores, arms, or other munitions of 
 war, shall be punished by a fine of not more than five thousand dol- 
 lars, and by imprisonment at hard labor not more than ten years. 
 
 R. S. 5387. 
 
 March 3, 1825 (Sec. 11), S. L. 4, p. 115. 
 
 Every person who riialiciously sets on fire, or burns, or otherwise 
 destroys, any vessel of war of the United States, afloat on the high 
 seas, or in any arm of the sea, or in any river, haven, creek, basin, or 
 bay within the admiralty jurisdiction of the United States, and out of 
 the jurisdiction of any particular State, shall suffer death. 
 
 *MARCH 4, 1909 (SEC. 286). 
 S. L. 35, p. 1144 (R. S. 5386, 5387). 
 Sec 286. Whoever shall maUciously set fire to, burn, or attempt 
 to burn, or by any means destroy or injure, or attempt to destroy or 
 
THE seaman's contract. 127 
 
 injure, any arsenal, armory, magazine, rope-walk, ship-house, ware- 
 house, block-house, or barrack, or any store-house, barn, or stable, not 
 parcel of a dwelling house, or any other building not mentioned in the 
 section last preceding, or any vessel built, building, or undergoing re- 
 pair, or any lighthouse, or beacon, or any machinery, timber, cables, 
 rigging, or other materials or appliances for building, repairing, or 
 fitting out vessels, or any pile of wood, boards, or other lumber, or 
 any military, naval, or victualing stores, arms, or other munitions of 
 war, shall be fined not more than five thousand dollars and imprisoned 
 not more than twenty years. 
 
 CASTING AWAY VESSEL. 
 
 R. S. 5365. 
 ^larch 26, 1804 (Sec. 2), S. L. 2, p. 290. 
 
 OWNER DESTROYING VESSEL AT SEA. 
 
 Every person who, on the high seas, willfully and corruptly casts 
 away or otherwise destroys any vessel of which he is owner, in 
 whole or part, with intent to prejudice any person that may underwrite 
 any poHcy of insurance thereon, or any merchant that may have 
 goods thereon, or any other owner of such vessel, shall sufifer death. 
 
 AUGUST 6, 1894 (SEC. 1.) 
 
 S. L. 28, p. 233 (R. S. 5365). 
 
 Sec. 5365. Every person who, on the high seas, willfully and cor- 
 ruptly casts away or otherwise destroys any vessel of which he is 
 owner, in whole or in part, with intent to prejudice any person that 
 may underwrite any policy of insurance thereon, or any merchant that 
 may have goods thereon, or any other owner of such vessel, shall be 
 punished by imprisonment for life, or for any term of years. 
 
 *MARCH 4, 1909 (SEC. 300). 
 S. L. 35, p. 1147 (R. S. 5365). 
 Sec. 300. Whoever, upon the high seas or on any other waters 
 within the admiralty and maritime jurisdiction of the United States, 
 willfully and corruptly casts away or otherwise destroys any vessel, of 
 which he is owner, in whole or in part, with intent to prejudice any 
 person that may underwrite any policy of insurance thereon, or any 
 merchant that may have goods thereon, or any other owner of such 
 vessel, shall be imprisoned for life or for any term of years. 
 
128 THE seaman's contract. 
 
 R. S. 5366. 
 March 26, 1804 (Sec. 1), S. L. 2, p. 290. 
 
 OTHER PERSONS DESTROYING VESSEL AT SEx\. 
 
 Every person, not being an owner, who, on the high seas, willfully 
 and corruptly casts away or otherwise destroys any vessel to which 
 he belongs, being the property of any citizen, shall suffer death. 
 
 AUGUST 6, 1894 (SECS. 2, 3). 
 
 S. L. 28, p. 233 (R. S. 5366). 
 
 Sec. 5366. Every person, not being an owner, who, on tlie high 
 
 seas, willfully and corruptly casts away or otherwise destroys any 
 
 vessel to which he belongs, being the property of any citizen, shall 
 
 be punished by imprisonment for life, or for any term of years. 
 
 R. S. 5367. 
 July 29, 1850 (Sec, 7), S. L. 9, p. 441. 
 
 ATTEMPT TO DESTROY VESSEL AT SEA. 
 
 Every person, not being an owner, who, on the high seas, willfully, 
 with intent to destroy the same, sets fire to any vessel, or otherwise at- 
 tempts the destruction thereof, being the property of any citizen, shall 
 suffer imprisonment at hard labor for a term not more than ten years 
 nor less than three years. 
 
 *MARCH 4, 1909 (SEC. 301). 
 S. L. 35, p. 1147 (R. S. 5366, 5367). 
 Sec. 301. Whoever, not being an owner, upon the high seas or 
 on any other waters within the admiralty and maritime jurisdiction of 
 the United States, willfully and corruptly casts away or otherwise 
 destroys any vessel of the United States to which he belongs, or will- 
 fully with intent to destroy the same, sets fire to any such vessel, or, 
 otherwise attempts the destruction thereof, shall be imprisoned not 
 more than ten years. 
 
 MAIMING. 
 
 R. S. 5348. 
 April 30, 1790 (Sec. 13), S. L. 1, p. 115. 
 
 MAIMING, ETC. 
 
 Every person who, within any of the places upon the land under 
 the exclusive jurisdiction of the United States, or who, upon the 
 high seas, in any vessel belonging to the United States, or to anv 
 
THE seaman's contract. 129 
 
 citizen tliereof, maliciously cuts off the ear, cuts out or disables the 
 tongT.ie, puts out an eye, slits the nose, cuts off the nose or lip, or cuts 
 off or disables any limb or member of any person, with intent to maim 
 or disfig-ure such person, shall be imprisoned at hard labor not more 
 than seven years, and fined not more than one thousand dollars. 
 
 *-AIARCH 4. 1909 (SEC. 283). 
 S. L. 35, p. 1144 (R. S. 5348). 
 
 Sec. 283. Whoever, with intent to maim or disfigure, shall cut, 
 bite, or slit, the nose, ear, or lip, or cut out or disable the tongue, or 
 put out or destroy an eye, or cut off or disable a limb or any member 
 of another person; or whoever, with like intent, shall throw or pour 
 upon another person, any scalding hot water, vitriol, or other corrosive 
 acid, or caustic substance whatever, shall be fined not more than one 
 thousand dollars, or imprisoned not more than seven years, or both. 
 
 MURDER, MANSLAUGHTER, RAPE, ETC. 
 
 R. S. 5339. 
 
 April 30, 1790 (Sec. 3), S. L. 1, p. 113; March 3, 1825 (Sec. 4), 
 
 S. L. 4, p. 115; March 3, 1875, S. L. 18, pp. 479, 480. 
 
 Every person who commits murder — 
 
 First. Within any fort, arsenal, dock-yard, magazine, or in any other 
 place or district of country under the exclusive jurisdiction of the 
 United States ; 
 
 Second. Or upon the high seas, or in any arm of the sea, or in 
 any river, haven, creek, basin, or bay within the admiralty and maritime 
 jurisdiction of the United States, and out of the jurisdiction of any par- 
 ticular State ; 
 
 Third. Or who upon any such waters maliciously strikes, stabs, 
 wounds, poisons, or shoots at any other person, of which striking, 
 stabbing, wounding, poisoning, or shooting such other person dies, 
 either on land or at sea, v^ithin or without the United States, shall 
 suffer death. 
 
 *:\1ARCH 4, 1909 (SEC. 275). 
 S. L. 35, p. 1143 (R. S. 5339). 
 
 Sec. 275. Every person guilty of murder in the first degree shall 
 suffer death. Every person guilty of murder in the second degree 
 shall be imprisoned not less than ten years and may be imprisoned for 
 lifQ. 
 
130 THE seaman's contract. 
 
 *A/[ARCH 4, 1909 (SEC. 273). 
 S. L. 35, p. 1143. 
 "murder" defined. 
 Sec. 272,. Murder is the unlawful killing of a human being with 
 malice aforethought. Every murder perpetrated by poison, lying in 
 wait, or any other kind of willful, deliberate, malicious, and pre- 
 meditated killing; or committed in the perpetration of, or attempt to 
 perpetrate, any arson, rape, burglary, or robbery ; or perpetrated from 
 a premeditated design unlawfully and maliciously to effect the death 
 of any liuman being other than him who is killed, is murder in the first 
 degree. Any other murder is murder in the second degree. 
 
 R. S. 5341. 
 
 April 30, 1790 (Sec. 7), S. L. 1, p. 113; March 3, 1857 (Sec. 1), 
 
 S. L. 11, p. 250. 
 
 MANSLAUGHTER. 
 
 Every person who, within any of the places or upon any of the 
 waters described in section fifty-three hundred and thirty-nine, un- 
 lawfully and willfully, but witliout malice, strikes, stabs, wounds, or 
 shoots, at, or otherwise injures another, of which strikmg, stabbing, 
 wounding, shooting, or other injury such other person dies, either on 
 land or sea, within or without the United States, is guilty of the 
 crime of manslaughter. 
 
 *MARCH 4, 1909 (SEC. 274.) 
 S. L. 35, p. 1143 (R. S. 5341). 
 ''manslaughter" defined. 
 Sec. 274. Manslaughter is the unlawful kilhng of a human being 
 without malice. It is of two kinds : 
 
 First. Voluntary — Upon a sudden quarrel or heat of passion. 
 Second. Involuntary — In the commission of an unlawful act not 
 amounting to a felony, or "in the commission of a lawful act which 
 might produce death, in an unlawful manner, or witliout due caution 
 and circumspection. 
 
 R. S. 5342. 
 
 March 3, 1857 (Sec. 2), S. L. 11, p. 250. 
 
 attempt to commit mitrder or manslaughter. 
 
 Every person who, within any of the places or upon any of the 
 
 waters described in section fifty-three hundred and thirty-nine, attempts 
 
THE SEAMAN S CONTRACT. 131 
 
 to commit the crime of murder or manslaughter, by any means not 
 constituting the offense of assault with a dangerous weapon, shall be 
 punished by imprisonment, with or without hard labor, not more than 
 three years, and by a fine of not more than one thousand dollars. 
 
 *?iIARCIi 4, 1909 (SEC. 277). ' 
 
 S. L. 35, p. 1143 (R. S. 5342). 
 
 Sec. 277. Whoever shall attempt to commit murder or man- 
 slaughter, except as provided in the preceding section, shall be fined 
 not more than one thousand dollars and imprisoned not more than 
 three vears. 
 
 R. S. 5343. 
 
 April 30, 1790 (Sec. 7), S. L. 1, p. 113; :\larch 3, 1857 (Sec. 3), 
 
 S. L. 11, p. 250. 
 
 PUNISHMENT OF MANSLAUGHTER. 
 
 The punishment of manslaughter shall be imprisonemnt, with or 
 without hard labor, not more than three years, and by a fine of not 
 more than one thousand dollars, except as otherwise specially pro- 
 vided by. law. 
 
 *iAlARCH 4, 1909 (SEC. 275). 
 
 S. L. 35, p. 1143 (R. S. 5343). 
 
 Sec. 275. Every person guilty of voluntary manslaughter shall be 
 imprisoned not more than ten years. Every person guilty of invol- 
 untary manslaughter shall be imprisoned not more than three years, 
 or fined not exceeding one thousand dollars, or both. 
 
 R. S. 5345. 
 March 3, 1825 (Sec. 4), S. L. 4, p. 115. 
 
 RAPE. 
 
 Every person who, within any of the places or upon any of the 
 waters specified in section fifty-three hundred and thirty-nine, com- 
 mits the crime of rape shall suffer death. 
 
 *MARCH 4, 1909 (SEC. 278). 
 S. L. 35, p. 1143 (R. S. 5345). 
 Sec. 278. Whoever shall commit the crime of rape shall suffer 
 death. 
 
132 THE seaman's contract. 
 
 R. S. 5346. 
 March 3, 1825 (Sec. 22), S. L. 4, p. 121. 
 
 ASSAULT WITH A DANGEROUS WEAPON. 
 
 Every person who, upyii the high seas, or in any arm of the sea, 
 or in any river, haven, creek, basin, or bay, withiii the admiralty 
 jurisdiction of the United States, and out of the jurisdiction of any 
 particular State, on board any vessel belonging in whole or part to 
 the United States, or any citizen thereof, with a dangerous weapon, 
 or with intent to perpetrate any felony, commits an assault on 
 another shall be punished by a fine of not more than three thousand 
 dollars, and by imprisonment at hard labor not more than three 
 years. 
 
 *MARCH 4, 1909 (SEC. 276). 
 S. L. 35, p. 1143 (R. S. 5346). 
 
 Sec. 276. Whoever shall assault another with intent to commit 
 murder, or rape, shall be imprisoned not more than twenty years. 
 Whoever shall assault another with intent to commit any felony, 
 except murder, or rape, shall be fined not more than three thousand 
 dollars, or imprisoned not more than ten years or both. Whoever, 
 with intent to do bodily harm, and without just cause or excuse, 
 shall assault another with a dangerous weapon, instrument; or other 
 thing, shall be fined not more than one thousand dollars, or impris- 
 oned not rriore than five years, or both. Whoever shall unlawfully 
 strike, beat, or wound another, shall be fined not more than five 
 hundred dollars, or imprisoned not more than six months, or both. 
 Whoever shall unlawfully assault another, shall be fined not more 
 than three hundred dollars, or imprisoned not more than three months, 
 or both. 
 
 MUTINY. 
 
 R. S. 5359. 
 April 30, 1790 (Sec- 12), S. L. 1, p. 115; March 3, 1835 (Sec.^ 2), 
 
 S. L. 4, p. 776. 
 
 INCITING REVOLT OR MUTINY ON SHIPBOARD. 
 
 If any one of the crew of any American vessel on the high seas, 
 or other waters within the admiralty and maritime jurisdiction of the 
 United States, endeavors to make a revolt or mutiny on board such 
 vessel, or combines, conspires, or confederates with any other person 
 on board to make such revolt or mutiny, or solicits, incites, or stirs up 
 
THE seaman's contract. 133 
 
 any other of the crew to disobey or resist the lawful orders of the 
 master, or other officer of such vessel, or to refuse or neglect their 
 proper duty on board thereof, or to betray their proper trust, or assem- 
 bles with others in a tumultuous and mutinous manner, or makes a 
 riot on board thereof, or unlawfully confines the master, or other com- 
 manding officer thereof, he shall be punished by a fine of not more 
 than one thousand dollars, or by imprisonment not more than five 
 years, or by both such fine and imprisonment. 
 
 * MARCH 4, 1909 (SEC. 292). 
 
 S. L. 35, p. 1146 (R. S. 5359). 
 
 Sec. 292. ^^'hoever, being of the crew of a vessel of the United 
 States, on the high seas, or on any other waters within the admiralty 
 and maritime jurisdiction of the United States, endeavors to make a 
 revolt or mutiny on board such vessel, or combines, conspires, or con- 
 federates with any other person on board to make such revolt or mu- 
 tiny, or solicits, incites, or stirs up any other of the crew to disobey 
 or resist the lawful orders of the master or other officer of such ves- 
 sel, or to refuse or neglect their proper duty on board thereof, or to 
 betray their proper trust, or assembles with others in a tumultuous 
 and mutinous manner, or makes a riot on board thereof, or unlaw- 
 fully confines the master or other commanding officer thereof, shall 
 be fined not more than one thousand dollars, or imprisoned not more 
 than five years, or both. 
 
 R. S. 5360. 
 
 April 30, 1790 (Sec. 8), S. L. 1, p. 113; March 3, 1835 (Sec. 1), 
 
 S. L. 4, p. 775. 
 
 REVOLT AND MUTINY ON SHIPBOARD. 
 
 If any one of the crew of an American vessel on the high seas, or 
 on any other waters within the admiralty and maritime jurisdiction of 
 the United States, unlawfully and with force, or by fraud, or intimida- 
 tion, usurps the command of such vessel from the master or other 
 lawful officer in command thereof, or deprives him of authority and 
 command on board, or resists or prevents him in the free and lawful 
 exercise thereof, or transfers such authority and command to another 
 not lawfully entitled thereto, he is guilty of a revolt and mutiny, and 
 shall be punished by a fine of not more than two thousand dollars, and 
 by imprisonment at hard labor not more than ten years. 
 
134 THE seaman's contract. 
 
 *MARCH 4, 1909 (SEC. 293). 
 S. L. 35, p. 1146 (R. S. 5360). 
 
 Sec. 293. Whoever, being of the crew of a vessel of the United 
 States, on the high seas, or on any other waters within the admiralty 
 and maritime jurisdiction of the United States, unlawfully and with 
 force, or by fraud, or intimidation, usurps the command of such vessel 
 from the master or other lawful officer in command thereof, or deprives 
 him of authority and command on board, or resists or prevents him 
 in the free and lawful exercise thereof, or transfers such authority 
 and command to another not lawfully entitled thereto, is guilty of a 
 revolt and mutiny, and shall be fined not more than two thousand 
 dollars and imprisoned not more than ten years. 
 
 PIRACY, PRIVATEERING. 
 
 R. S. 5368. 
 
 March 3, 1819 (Sec. S),»S. L. 3, p. 513; May 15, 1820 (Sec. 2), 
 
 S. L. 3, p. 600; Jan. 30, 1823, S. L. 3, p. 721. 
 
 piracy under the law of nations. 
 Every person who, on the high seas, commits the crime of piracy 
 as defined by the law of nations, and is afterward brought into or 
 found in the United States, shall sufifer death. 
 
 *MARCH 4, 1909 (SEC. 290). 
 S. L. 35, p. 1145 (R. S. 5368). 
 
 Sec. 290. Whoever, on the high seas, commits the crime of piracy 
 as defined by the law of nations, and is afterwards brought into or 
 found in the United States, shall be imprisoned for life. 
 
 R. S. 5369. 
 
 April 30, 1790 (Sec. 8), S. L. 1, p. 113. 
 
 seaman laying violent hands on his commander. 
 
 Every seaman who lays violent hands upon his commander, thereby 
 
 to hinder and prevent his fighting in defense* of his vessel or the 
 
 goods intrusted to him, is a pirate, and shall suffer death. 
 
 *MARCH 4, 1909 (SEC. 294). 
 S. L. 35, p. 1146 (R. S. 5369). 
 Sec. 294. Whoever, being a seaman, lays violent hands upon his 
 commander, thereby to hinder and prevent his fighting in defense of 
 
THE seaman's contract. 135 
 
 his vessel or the goods intrusted to him, is a pirate, and shall be im- 
 prisoned for life. 
 
 R. S. 5370. 
 :May 15, 1820 (Sec. 3), S. L. 3, p. 600. 
 
 ROBBERY UPON THE HIGH SEAS. 
 
 Every person who, upon the high seas, or in any open roadstead, 
 or in any haven, basin, or bay, or in any river where the sea ebbs 
 and flows, commits the crime of robbery, in or upon any vessel, or 
 upon any ship's company of any vessel, or the lading thereof, is a 
 pirate, and shall suffer death. 
 
 *.A1ARCH 4, 1909 (SEC. 284). 
 
 S. L. 35, p. 1144 (R. S. 5370). 
 
 Sec. 284. \A'hoever, by force and violence, or by putting in fear, 
 shall feloniously take from the person or presence of another anything 
 of value, shall be imprisoned not more than fifteen years. 
 
 R. S. 5371. 
 :May 15, 1820 (Sec. 3), S. L. 3, p. 600. 
 
 ROBBERY OX SHORE BY CREW OF PIRATICAL VESSEL. 
 
 Every person engaged in any piratical cruise or enterprise, or being 
 of the crew of any piratical vessel, who lands from such vessel and 
 on shore commits robbery, is a pirate, and shall suffer death. 
 
 *MARCH 4. 1909 (SEC. 302). 
 S. L. 35, p. 1147 (R. S. 5371). 
 Sec. 302. Whoever, being engaged in any piratical cruise, or en- 
 terprise, or being of the crew of any piratical vessel, lands from such 
 vessel, and on shore commits robbery, is a pirate, and shall be im- 
 prisoned for life. 
 
 R. S. 5373. 
 April 30, 1790 (Sec. 9), S. L. 1, p. 114. 
 
 PIRACY UNDER COLOR OF A COMMISSION FROM A FOREIGN POWER. 
 
 Every citizen who commits any murder or robbery, or any act of 
 hostility against the United States, or against any citizen thereof, on 
 the high seas, under color of any commission from any foreign prince, 
 or state, or on pretense of authority from any person, is, notwithstand- 
 ing the pretense of such authority, a pirate, and shall suffer death. 
 
136 THE seaman's contract. 
 
 *MARCH 4, 1909 (SEC. 304). 
 
 S. L. 35, p. 1147 (R. S. 5373). 
 
 Sec. 304. Whoever, being a citizen of the United States, commits 
 any murder or robbery, or any act of hostility against the United 
 States, or against any citizen thereof, on the high seas, under color 
 of any commission from any foreign prince, or state, or on pretense 
 of authority from any person, is, notwithstanding the pretense of such 
 authority, a pirate, and shall be imprisoned for life. 
 
 R. S. 5374. 
 March 3, 1847, S. L. 9, p. 175. 
 
 PIRACY BY SUBJECTS OR CITIZENS OF A FOREIGN STATE. 
 
 Every subject or citizen of any foreign state, who is found and 
 taken on the sea making war upon the United States, or cruising 
 against the vessels and property thereof, or of the citizens of the same, 
 contrary to the provisions of any treaty existing between the United 
 States and the state of which offender is a citizen or subject, when 
 by such treaty such acts are declared to be piracy, is guilty of piracy, 
 and shall suffer death. 
 
 *MARCH 4, 1909 (SEC. 305). 
 
 S. L. 35, p. 1147 (R. S. 5374). 
 
 Sec. 305. Whoever, being a citizen or subject of any foreign state, 
 is found and taken on the sea making war upon the United States, or 
 cruising against the vessels and property thei^eof, or of the citizens of 
 the same, contrary to the provisions of any treaty existing between 
 the United States and the state of which the offender is a citizen or 
 subject, when by such treaty such acts are declared to be piracy, is 
 guilty of piracy, and shall be imprisoned for life. 
 
 R. S. 5384. 
 April 30, 1790 (Sec. 12), S. L. 1, p. 115. 
 
 CONFEDERATING, ETC., WITH PIRATES. 
 
 If any person attempts or endeavors to corrupt any commander,, 
 master, officer, or mariner to yield up or to rtm away with any vessel, 
 or with any goods, wares, or merchandise, or to turn pirate, or to go 
 over to or confederate with pirates, or in any wise to trade with any 
 pirate, knowing him to be such, or furnishes such pirate with any am- 
 munition, stores, or provisions of any kind, or fits out any vessel know- 
 ingly and with a design to trade with, supply, or correspond with any 
 
THE seaman's contract. 137 
 
 pirate or robber upon the seas ; or if any person consults, combines, 
 confederates, or corresponds with any pirate or robber upon the seas, 
 knowing him to be guilty of any piracy or robbery; or if any seaman 
 confines the master of any vessel, he shall be imprisoned not more than 
 three rears, and fined not more than one thousand dollars. 
 
 *MARCH 4, 1909 (SEC. 307). 
 S. L. 35, p. 1148 (R. S. 5384). 
 
 Sec. 307. Whoever attempts or .endeavors to corrupt any com- 
 mander, master, officer, or mariner to yield up or to run away with 
 any vessel, or with any goods, wares, or merchandise, or to turn pirate, 
 or to go over to or confederate with pirates, or in any wise to trade 
 with any pirate, knowing him to be such, or furnishes such pirate with 
 ammunition, stores, or provisions of any kind, or fits out any vessel 
 knowingly and with a design to trade with, supply, or correspond with 
 anv pirate or robber upon the seas ; or whoever consults, combines, 
 confederates, or corresponds with any pirate or robber upon the seas, 
 knowing him to be guilty of any piracy or robbery ; or whoever, being 
 a seaman, confines the master of any vessel, shall be fined not more 
 than one thousand dollars and imprisoned not more than three years. 
 
 PLUNDERING VESSEL. 
 
 R. S. 5361. 
 March 3, 1825 (Sec. 6), S. L. 4, p. 116. 
 
 ATTACKING \'ESSEL WITH INTENT TO PLUNDER. 
 
 Every person who, upon the high seas, or in any arm of the sea. 
 or in any river, haven, creek, basin, or bay, within the admiralty and 
 maritime jurisdiction of the United States, and out of the jurisdiction 
 of any particular State, by surprise or by open force, maliciously at- 
 tacks or sets upon any vessel belonging to another, with an intent 
 unlawfully to plunder the same, or to despoil any owner thereof of 
 any moneys, goods, or merchandise laden on board thereof, shall be 
 punished by a fine of riot more than five thousand dollars, and by im- 
 prisonment at hard labor not more than ten years. 
 
 *MARCH 4, 1909 (SEC. 298). 
 S. L. 35, p. 1147 (R. S. 5361). 
 
 Sec 298. Whoever, upon the high seas or on any other waters 
 within the admiralty and maritime jurisdiction of the United States, 
 by surprise or by open force, maliciously attacks or sets upon, any 
 
138 THE seaman's contract. 
 
 vessel belonging to another, with an intent unlawfully to plunder the 
 same, or to despoil any owner thereof of any moneys, goods, or mer- 
 chandise laden on board thereof, shall be fined not more than five 
 thousand dollars and imprisoned not more than ten years. 
 
 R. S. 5362. 
 March 3, 1825 (Sec. 7), S. L. 4, p. 116. 
 
 BREAKING AND ENTERING VESSEL, ETC. 
 
 Every person who, upon the high seas, or in any other of the places 
 mentioned in the preceding section, with intent to commit any felony, 
 breaks or enters any vessel, or maliciously cuts, spoils, or destroys any 
 cordage, cable, biioys, buoy-rope, head- fast, or other fast fixed to the 
 anchor or moorings belonging to any vessel, shall be punished by a 
 fine of not more than one thousand dollars, and by imprisonment at 
 hard labor not more than five years. 
 
 *MARCH 4, 1909 (SEC. 299). 
 
 S. L. 35, p. 1147 (R. S. 5362). 
 
 Sec. 299. Whoever, upon the high seas or on any other waters 
 within the admiralty and maritime jurisdiction of the United States, 
 and out of the jurisdiction of any particular State, breaks or enters 
 any vessel, with intent to commit any felony, or maliciously cuts, spoils, 
 or destroys any cordage, cable, buoys, buoy-rope, head-fast, or other 
 fast, fixed to the anchor or moorings belonging to any vessel, shall be 
 fined not more than one thousand dollars and imprisoned not more 
 than five years. 
 
 RUNNING AWAY WITH VESSEL. 
 
 R. S, 5383. 
 
 April 30, 1790 (Sec. 8), S. L. 1, p. 113; August 8, 1846 (Sec. 5), 
 
 S. L. 9, p. 73. 
 
 RUNNING AWAY WITH OR YIELDING UP VESSEL OR CARGO. 
 
 Every captain, other officer, or mariner, of a vessel on the high seas, 
 or on any other waters within the admiralty and maritime jurisdiction 
 of the United States, who piratically or feloniously runs away with 
 such vessel, or with any goods or merchandise thereof, to the value of 
 fifty dollars, or who yields up such vessel voluntarily to any pirate, 
 shall be fined not more than ten thousand dollars, or imprisoned at 
 hard labor not more than ten years, or both. 
 
THE seaman's contract. 139 
 
 *]MARCH 4. 1909 (SEC. 306). 
 
 S. L. 35, p. 1148 (R. S. 5383). 
 
 Sec. 306. \Mioever, being a captain or other officer or mariner of 
 a vessel upon the high seas or on any other waters within the admiralty 
 and maritime jurisdiction of the United States, piratically or feloniously 
 runs away with such vessel, or with any goods or merchandise thereof, 
 to the value of fifty dollars, or who yields up such vessel voluntarily 
 to any pirate, shall be fined not more than ten thousand dollars, or 
 imprisoned not more than ten years, or both. 
 
 SEDUCTION. 
 
 R. S. 5349. 
 :March 24, 1860 (Sec. 1), S. L. 12, p. 3. 
 
 SEDUCTION OF FEilALE PASSENGERS ON VESSELS. 
 
 Every master, officer, seaman, or other person employed on board 
 of any American vessel who, during the voyage, under promise of 
 marriage, or by threats, or the exercise of authority, or solicitation, 
 or the making of gifts or presents, seduces and has illicit connection 
 with any female passenger, shall be punished by imprisonment not more 
 than twelve months, or by a fine of not more than one thousand dol- 
 lars ; but subsequent intermarriage of the parties may be pleaded in 
 bar of conviction. 
 
 -^lARCH 4, 1909 (SEC. 280). 
 
 S. L. 35, p. 1143 (R. S. 5349). 
 
 Sec. 280. Every master, officer, seaman, or other person employed 
 on board of any American vessel who, during the voyage, under prom- 
 ise of marriage, or by threats, or the exercise of authority, or solicita- 
 tion, or the making of gifts or presents, seduces and has illicit con- 
 nection with any female passenger, shall be fined not more than one 
 thousand dollars, or imprisoned not more than one year, or both ; but 
 subsequent intermarriage of the parties may be pleaded in bar of 
 conviction. 
 
 R. S. 5350. 
 March 24, 1860 (Sec. 4), S. L. 12, p. 4. 
 
 PAYJIENT OF FINE TO FEMALE SEDUCED. 
 
 When any person is convicted under the provisions of tjie preceding 
 section, the court may, in its discretion, by an order entered on its 
 
140 THE seaman's contract. 
 
 minutes, direct the amount of the fine, when imposed and collected; 
 to be paid for the use of the female seduced or her child, if she have 
 any. 
 
 R. S. 5351. 
 March 24, 1860 (Sec. 5), S. L. 12, p. 4. 
 
 EVIDENCE required; LIMITATION OF INDICTMENT. 
 
 No conviction shall be had on the testimony of the female seduced, 
 without other evidence, nor unless the indictment is found within one 
 year after the arrival of the vessel on which the ofifense was com- 
 mitted at the port for which it was destined. 
 
 *MARCH 4, 1909 (SEC. 281). 
 S. L. 35, p. 1143 (R. S. 5350, 5351). 
 Sec. 281. When a person is convicted of a violation of the section 
 last preceding, the court may, in its discretion, direct that the amount 
 of the fine, when paid, be paid for the use of the female seduced, or 
 her child, if she have any; but no conviction shall be had on the testi- 
 mony of the female seduced, without other evidence, nor unless the 
 indictment is found within one year after the arrival of the vessel on 
 which the offense was committed at the port of its destination. 
 
 FEBRUARY 9, 1889. 
 S. L. 25, p. 658. 
 carnal and unlawful knowledge of fem-ales under sixteen 
 
 TO BE felony. 
 
 That every person who shall carnally and unlawfully know any 
 female under the age of sixteen years, or who shall be accessory to 
 such carnal and unlawful knowledge before the fact in the District 
 of Columbia or other place, except the territories, over which the 
 United States has exclusive jurisdiction ; or on any vessel within the 
 admiralty or maritime jurisdiction of the United States, and out of 
 the jurisdiction of any State or Territory, shall be guilty of a felony, 
 and when convicted thereof shall be punished by imprisonment at hard 
 labor, for the first offense for not more than fifteen years, and for 
 each subsequent offense not more than thirty years. 
 
 *MARCH 4, 1909 (SEC. 279). 
 S. L. 35, p. 1143 (Feb. 9, 1889). 
 Sec. 279. Whoever shall carnally and unlawfully know any female 
 under the age of sixteen years, or shall be accessory to such carnal 
 and unlawful knowledge before the fact, shall, for a first offense, be 
 imprisoned not more than fifteen years, and for a subsequent offense 
 be imprisoned not more than thirty years. 
 
THE seaman's contract. 141 
 
 SELLING ARMS, LIQUOR, ETC., TO PACIFIC ISLANDERS. 
 
 FEB. 14, 1902 (SECS. 1, 2, 3). 
 S. L. 32, p. 33. 
 
 PACIFIC ISLANDS — SALE OF ARMS AND INTOXICANTS FORBIDDEN. 
 
 That any person subject to the authority of the United States who 
 shall give, sell, or otherwise supply any arms, ammunition, explosive 
 substance, intoxicating liquor, or opium to any aboriginal native of 
 any of the Pacific islands lying within the twentieth parallel of north 
 latitude and the fortieth parallel of south latitude and the one hun- 
 dred and twentieth meridian of longitude west and one hundred and 
 twentieth meridian of longitude east of Greenwich, not being, in the 
 possession or under the protection of any civilized power, shall be 
 punishable by imprisonment not exceeding three months, with or with- 
 out hard labor, or a fine not exceeding fifty dollars, or both. And in 
 addition to such punishment all articles of a similar nature to those 
 in respect to which an offense has been committed found in the pos- 
 session of the offender may be declared forfeited. 
 
 Sec. 2. That if it shall appear to the court that such opium, wine, 
 or spirits have been given bona fide for medical purposes it shall be 
 lawful for the court to dismiss the charge. 
 
 Sec. 3. That all offenses against this Act committed on any of said 
 islands or on the waters, rocks, or keys adjacent thereto shall be 
 deemed committed on the high seas on board a merchant ship or vessel 
 belonging to the United States, and the courts of the United States 
 shall have jurisdiction accordingly. 
 
 *MARCH 4, 1909 (SECS. 308, 309). 
 
 S. L. 35, p. 1148 (Feb. 14, 1902, Sees. 1, 2, 3). 
 
 Sec. 308. Whoever, being subject to the authority of the United 
 States, shall give, sell, or otherwise supply any arms, ammunition, ex- 
 plosive substance, intoxicating liquor, or opium to any aboriginal native 
 of any of the Pacific islands lying within the twentieth parallel of 
 north latitude and the fortieth parallel of south latitude, and the one 
 hundred and twentieth meridian of longitude east of Greenwich, not 
 being in the possession or under the protection of any civilized power, 
 shall be fined not more than fifty dollars, or imprisoned not more than 
 three months, or both. In addition to such punishment, all articles 
 of a similar nature to those in respect to which an offense has been 
 committed, found in the possession of the offender, may be declared 
 forfeited. If it shall appear to the court that such opium, wine, or 
 
142 THE seaman's contract. 
 
 spirits have been given bona fide for medical purposes, it shall be law- 
 ful for the court to dismiss the charge. 
 
 Sec. 309. All offenses against the provisions of the section last 
 preceding, committed on any of said islands, or on the waters, rocks, 
 or keys adjacent thereto, shall be deemed committed on the high seas 
 on board a merchant ship or vessel belonging to the United States, 
 and the courts of the United States shall have jurisdiction accordingly. 
 
 VISITING PASSENGERS' QUARTERS. 
 
 R. S. 4275. 
 March 24, 1860 (Sec. 2), S. L. 12, p. 3. 
 
 PENALTY UPON VISITING PART OF VESSEL ASSIGNED TO EMIGRANTS. 
 
 Neither the officers, seamen, nor other persons employed on board 
 of any vessel bringing emigrant passengers to the United States, or 
 any of them, shall visit or frequent any part of such vessel assigned 
 to emigrant passengers, except by the direction or permission of the 
 master of such vessel first made or given for such purpose. Every 
 officer, seaman, or other person employed on board of such vessel, who 
 shall violate the provisions of this section shall be deemed guilty of 
 a misdemeanor, and, on conviction thereof, shall forfeit to the vessel 
 his wages for the voyage of the vessel during which the offense has 
 been committed. 
 
 R. S. 4276. 
 l\larch 24, 1860 (Sec. 2), S. L. 12, p. 3. 
 
 PENALTY FOR PERMITTING OFFICERS OR SEAMEN TO VISIT SUCH PART 
 
 OF VESSEL. 
 
 Every master who directs or permits any officer or seaman or other 
 person employed on board of any vessel to visit or frequent anv part 
 of such vessel assigned to emigrant passengers, except for the purpose 
 of doing or performing some necessary act or duty as an officer, sea- 
 man, or other person employed on board of the vessel, shall be deemed 
 guihy of a misdemeanor, and shall be punishable by a fine of fifty dol- 
 lars for each occasion on which he so directs or permits the provisions 
 of this section to be violated by any officer, seaman, or other person 
 employed on board of such vessel. 
 
THE seaman's contract. 143 
 
 R. S. 4277. 
 :March 24, 1860 (Sec. 3), S. L. 12, p. 4. 
 
 NOTICE TO BE POSTED IN EMIGRANT VESSELS. 
 
 The master of every vessel bringing emigrant passengers to the 
 United States shall post a written or printed notice in the English, 
 French, and German languages containing the provisions of the two 
 preceding sections in a conspicuous place on the forecastle, and in the 
 several parts of the vessel assigned to emigrant passengers, and keep 
 the same so posted during the voyage; and if he neglects so to do, he 
 shall be deemed guilty of a misdemeanor, and shall be punishable by 
 a fine of not more than five hundred dollars. 
 
 -AUGUST 2, 1882 (SEC. 7). 
 
 S. L. 22, p. 189 (R. S. 4275, 4276, 4277). 
 
 Sec. 7. That neither the officers, seamen, nor other persons em- 
 ployed on any such steamship or other vessel shall visit or frequent 
 any part of the vessel provided or assigned to the use of such pas- 
 sengers, except by the direction or permission of the master of such 
 vessel first made or given for such purpose ; and every officer, seaman, 
 or other person employed on board of such vessel who shall violate 
 the provisions of this section shall be deemed guilty of a misdemeanor, 
 and may be fined not exceeding one hundred dollars, and be imprisoned 
 not exceeding twenty days, for each violation; and the master of such 
 vessel who directs or permits any officer, seaman, or other person 
 employed on board the vessel to visit or frequent any part of the vessel 
 provided for or assigned to the use of such passengers, or the com- 
 partments or spaces occupied by such passengers, except for the pur- 
 pose of doing or performing some necessary act or duty as an officer, 
 seaman, or other person employed on board of the vessel, shall be 
 deemed guilty of a misdemeanor, and may be fined not more than one 
 hundred dollars for each time he directs or permits the provisions of 
 this section to be violated. A copy of this section, written or printed 
 in the language or principal languages of the passengers on board, 
 shall, by or under the direction of the master of the vessel, be posted 
 in a conspicuous place on the forecastle and in the several parts of 
 the vessel provided and assigned for the use of such passengers, and 
 in each compartment or space occupied by such passengers, and the 
 same shall be kept so posted during the voyage ; and if the said master 
 neglects so to do, he shall be deemed guilty of a misdemeanor, and 
 shall be fined not more than one hundred dollars. 
 
PART THREE 
 
 ACCIDENTS TO TOW-BARGES. 
 
 *MARCH 4, 1915 (SEC. 15). 
 S. L. 38, p. 1184. 
 
 ACCIDENTS TO BE REPORTED. 
 
 The owner, agent, or master of every barge which, while in tow 
 through the open sea, has sustained or caused any accident, shall be 
 subject in all respects to the provisions of Sections 10, 11, 12, and 13 
 of Chapter 344 of the Statutes at Large, approved June 20, 1874, and 
 the reports therein prescribed shall be transmitted by Collectors of 
 Customs to the Secretary of Commerce, who shall transmit annually 
 to Congress a summary of such reports during the previous fiscal year, 
 together with a brief statement of the action of the Department in 
 respect to such accidents. 
 
 APPRENTICES. 
 
 *R. S. 4509. 
 June 7, 1872 (Sec. 9), S. L. 17, p. 263. 
 
 CONDITIONS OF APPRENTICESHIP. 
 
 Every shipping-commissioner appointed under this Title shall, if 
 applied to for the purpose of apprenticing boys to the sea-service, by 
 any master or owner of a vessel, or by any person legally qualified, 
 give such assistance as is in his power for facilitating the making of 
 such apprenticeships ; but the shipping-commissioner shall ascertain 
 that the boy has voluntarily consented to be bound, and that the par- 
 ents or guardian of such boy have consented to such apprenticeship, 
 and that he has attained the age of twelve years, and is of sufficient 
 health and strength, and that the master to whom such boy is to be 
 bound is a proper person for the purpose. Such apprenticeship shall 
 terminate when the' apprentice becomes eighteen years of age. The 
 shipping-commissioner shall keep a register of all indentures of appren- 
 ticeship made before him. 
 
 -R. S. 4510. 
 June 7, 1872 (Sec. 10), S. L. 17, p. 264. 
 
 INDENTURE OF APPRENTICE TO BE PRODUCED TO COMMISSIONER. 
 
 The master of every foreign-going vessel shall, before carrying any 
 apprentice to sea from any place in the United States, cause such ap- 
 
THE seaman's contract. 145 
 
 prentice to appear before the shipping-commissioner before whom the 
 crew is engaged, and shall produce to him the indenture by which 
 such apprentice is bound, and the assignment or assignments thereof, 
 if any; and the name of the apprentice, with the date of the indenture 
 and of the assignment or assignments thereof, if any, shall be entered 
 on the agreement ; which shall be in the form as near as may be given 
 in the table marked "A" in the schedule annexed to this Title; and 
 no such assignment shall be made without the approval of a commis- 
 sioner, of the apprentice, and of his parents or his guardian. For any 
 violation of this section, the master shall be liable to a penalty of not 
 more than one hundred dollars. 
 
 FISHERMEN'S AGREEMENT. 
 
 *R. S. 4391. 
 June 19, 1813 (Sec. 1), S. L. 3, p. 2; March 3, 1865, S. L. 13, p. 535. 
 
 AGREEMENT FOR FISHING VOYAGE. 
 
 The master of any vessel of the burden of twenty tons or upward, 
 qualified according to law for carrying on the bank and other cod fish- 
 eries, or the mackerel-fishery, bound from a port of the United States 
 to be employed in any such fishery, at sea, shall, before proceeding on 
 such fishing voyage, make an agreement in writing with every fisher- 
 man who may be employed therein, except only an apprentice or serv- 
 ant of himself or owner, and, in addition 'to such terms of shipment 
 as may be agreed on, shall, in such agreement, express whether the 
 same is to continue for one voyage or for the fishing season, and shall 
 also express that the fish or the proceeds of such fishing voyage or 
 voyages which may appertain to the fishermen shall be divided among 
 them in proportion to the quantities or number of such fish which they 
 may respectively have caught. Such agreement shall be indorsed or 
 countersigned by the owner of such fishing vessel or his agent. 
 
 *R. S. 4392. 
 June 19, 1813 (Sec. 1), S. L. 3, p. 2. 
 
 PENALTY FOR VIOLATING AGREEMENT. 
 
 If any fi.sherman, having engaged himself for a voyage or for the 
 fishing season in any fishing vessel and signed an agreement therefor, 
 thereafter and while such agreement remains in force and to be per- 
 formed deserts or absents himself from such vessel without leave of 
 the master thereof, or of the owner or his agent, such deserter shall 
 
146 THE seaman's contract. 
 
 be liable to the same penalties as deserting seamen are subject to m 
 the merchant service, and may in the like manner, and upon the like 
 complaint and proof, be apprehended and detained; and all costs of 
 process and commitment, if paid by the master or owner, shall be de- 
 ducted out of the share of fish or proceeds of any fishing voyage to 
 which such deserter had or shall become entitled. Every fisherman, 
 having so engaged himself, who during such fishing voyage refuses 
 or neglects his proper duty on board the fishing vessel, being thereto 
 ordered or required by the master thereof, or otherwise resists his just 
 commands to the hinderance or detriment of such voyage, besides 
 being answerable for all damages arising thereby, shall forfeit to the 
 use of the owner of such vessel his share of any public allowance 
 which may be paid upon such voyage. 
 
 -R. S. 4393. 
 June 19, 1813 (Sec. 2), S. L. 3, p. 2. 
 
 RECOVERY OF SHARES OF FISH UNDER AGREEMENT. 
 
 Whenever an agreement or contract is so made and signed for a 
 fishing voyage or for the fishing season, and any fish caught on board 
 such vessel during the same are delivered to the owner or to his agent, 
 for cure, and sold by such owner or agent, such vessel shall, for the 
 term of six months after such sale, be liable for the master's and every 
 other fisherman's share of such fish, and may be proceeded against in 
 the same form and to the same effect as any other vessel is by law 
 liable, and may be proceeded against for the wages of seamen or mari- 
 ners in the merchant service. Upon such proceeding for the value of 
 a share or shares of the proceeds of fish so delivered and sold it shall 
 be incumbent on the owner or his agent to produce a just account of 
 the sales and division of such fish according to such agreement or con- 
 tract; otherwise the vessel shall be answerable upon such proceeding 
 for what may be the highest value of the shares demanded. But in 
 all cases the owner of such vessel or his agent, appearing to answer 
 in such proceeding, may offer thereupon his account of general sup- 
 plies made for such fishing voyage and of other supplies therefor made 
 to either of the demandants, and shall be allowed to produce evidence 
 thereof in answer to their demands respectively; and judgment shall 
 be rendered upon such proceeding for the respective balances which 
 tipon such an inquiry shall appear. 
 
THE seaman's contract. 14/ 
 
 *R. S. 4394. 
 June 10, 1813 (Sec. 2), S. L. 3, p. 2. 
 
 DISCHARGE OF VESSEL UPON BOND TiY OWNER. 
 
 ^^ hen process shall be issued against any vessel so liable, if the 
 owner thereof or his agent will give bond to each fisherman in whose 
 favor such process shall be instituted, with sufficient security, to the 
 satisfaction of two justices of the peace, of whom one shall be named 
 by such owner or agent, and the other by the fisherman or fishermen 
 pursuing such process, or if either party shall refuse, then the justice 
 first appointed shall name his associate, with condition to answer and 
 pay whatever sum shall be recovered by him or them on such process, 
 there shall be an immediate discharge of such vessel. Nothing in this 
 or the preceding section shall prevent any fisherman from having his 
 action at common law for his share or shares of fish or the proceeds 
 thereof. 
 
 HARBORING DESERTERS, SOLICITING LODGERS, ETC. 
 
 R. S. 4601. 
 July 20, 1790 (Sec. 4), S. L. 1, p. 133; Feb. 18, 1875, S. L. 18, p. 320. 
 
 PENALTY FOR SECRETING SEAMEN. 
 
 ^\'henever any person harbors or secretes any seaman belonging to 
 any vessel, knowing him to belong thereto, he shall be liable to pay ten 
 dollars for every day during which he continues so to harbor or secrete 
 such seaman, recoverable one-half to the use of the person prosecuting 
 for the same, the other half to the use of the United States. 
 
 ''R. S. 4606. 
 June 7, 1872 (Sec. 62), S. L. 17, p. 276. 
 
 PENALTY FOR BOARDING VESSELS BEFORE ARRIVAL. 
 
 Every person who, not being in the United States service, and not 
 being duly authorized by law for the purpose, goes on board any ves- 
 sel about to arrive at the place of her destination, before her actual 
 arrival, and before she has been completely moored, without permis- 
 sion of the master, shall, for every such offense, be punishable by a 
 fine of not more than two hundred dollars, and by imprisonment for 
 not more than six months ; and the master of such vessel may take 
 any such person so going on board into custody, and deliver him up 
 forthwith to any constable or police officer, to be by him taken before 
 any justice of the peace, to be dealt with according to the provisions 
 of this Title. 
 
148 THE seaman's contract. 
 
 *R. S. 4607. 
 June 7, 1872 (Sec. 63), S. L. 17, p. 276. 
 penalty for soliciting seamen as lodgers. 
 If, within twenty-four hours after the arrival of any vessel at any 
 port in the United States, any person, then being on board such ves- 
 sel, solicits any seaman to become a lodger at the house of any person 
 letting lodgings for hire, or takes out of such vessel any effects of 
 any seaman, except under his personal direction, and with the per- 
 mission of the master, he shall, for every such offense, be punishable 
 by a fine of not more than fifty dollars, or by imprisonment for not 
 more than three months. 
 
 *APRIL 13, 1904. 
 S. L. 33, p. 174 (R. S. 4607). 
 
 That section 4607 is hereby amended by adding thereto the fol- 
 lowing : 
 
 "This section shall apply to vessels of the United States engaged 
 in the foreign trade and to foreign vessels." 
 
 Sec. 2. That this Act shall take effect one month after its passage. 
 
 ILL-TREATMENT OF SEAMEN. 
 
 R. S. 5347. 
 March 3, 1835 (Sec. 3), S. L. 4, p. 776. 
 maltre.\tment of crew by officers of vessels. 
 Every master or other officer of any American vessel on the high 
 seas, or on any other waters within the admiralty and maritime juris- 
 diction of the United States, who, from malice, hatred, or revenge, 
 and without justifiable cause, beats, wounds, or imprisons any of the 
 crew of such vessel, or withholds from them suitable food and nour- 
 ishment, or inflicts upon them any cruel and unusual punishment, 
 shall be punished by a fine of not more than one thousand dollars, 
 or by imprisonment not more than five years, or by both. 
 
 MARCH 3, 1897 (SEC. 18). 
 S. L. 29, p. 691 (R. S. 5347). 
 Every master or other officer of an American vessel on the high 
 seas or on any other waters within the admiralty and maritime ju- 
 risdiction of the United States, who, without justifiable cause, beats, 
 
THE SEAiUAX's CONTRACT. 149 
 
 wounds, or imprisons any of the crew of sucli vessel or withholds 
 from them suitable food and nourishment, or inflicts upon them any 
 cruel and unusual punishment, shall be punished by a fine of not more 
 than one thousand dollars, or by imprisonment not more than five 
 years, or by both. 
 
 Nothing herein contained shall be construed to repeal or modify 
 section forty-six hundred and eleven of the Revised Statutes. 
 
 *:MARCH 4, 1909 (SEC. 291). 
 
 S. L. 35, p. 1145 (R. S. 5347). 
 
 Sec. 291. Whoever, being the master or officer of a vessel of the 
 United States, on the high seas, or on any other waters within the 
 admiralty and maritime jurisdiction of the United States, beats, 
 wounds, or without justifiable cause, imprisons any of the crew of 
 such vessel, or withholds from them suitable food and nourishment, 
 or inflicts upon them any cruel and unusual punishment, shall be 
 fined not more than one thousand dollars, or imprisoned not more 
 than five years, or both. Nothing herein contained shall be con- 
 strued to repeal or modify section forty-six hundred and eleven of 
 the Revised Statutes. 
 
 R. S. 4611. 
 September 28, 1850 (Sec. 1), S. L. 9, p. 515. 
 
 FLOGGING ABOLISHED. 
 
 Flogging on board vessels of commerce is hereby abolished. 
 
 DEC. 21, 1898 (SEC. 22). 
 
 S. L. 30, p. 761 (R. S. 4611). 
 
 Flogging and all other forms of corporal punishment are hereby 
 prohibited on board any vessel, and no form of corporal punishment 
 on board any vessel shall be deemed justifiable, and any master or 
 other officer thereof who shall violate the aforesaid provisions of this 
 section or either thereof shall be deemed guilty of a misdemeanor, 
 punishable by imprisonment not less than three months or more than 
 two years. Whenever any officer other than the master of such vessel 
 shall violate any provision of this section, it shall be the duty of 
 such master to surrender such officer to the proper authorities as soon 
 as practicable. Any failure upon the part of such master to comply 
 herewith, which failure shall result in the escape of such officer, shall 
 render said master liable in damages to the person illegally punished 
 by such officer. 
 
150 THE seaman's contract. 
 
 *MARCH 4, 1915 (SEC. 9). 
 S. L. 38, p. 1167 (R. S. 4611). 
 
 Flogging and all other forms of corporal punishment are hereby 
 prohibited on board of any vessel, and no form of corporal punish- 
 ment on board of any vessel shall be deemed justifiable. Any master 
 or other officer thereof who shall violate the aforesaid provisions of 
 this section, or either thereof, shall be deemed guilty of a misdemea- 
 nor, punishable by imprisonment for not less than three months nor 
 more than two years. Whenever any officer other than the master of 
 such vessel shall violate any provision of this section, it shall be the 
 duty of such master to surrender such officer to the proper authorities 
 as soon as practicable, provided he has actual knowledge of the mis- 
 demeanor, or complaint thereof is made within three days after reacli- 
 ijig port. 
 
 Any failure on the part of such master to use due diligence to com- 
 ply herewith, which failure shall result in the escape of such officer, 
 shall render the master or vessel or the owner of the vessel liable in 
 damages for such flogging or corporal punishment to the person 
 illegally punished by such officer. 
 
 LIABILITY OF OWNER. 
 
 *R. S. 4283. 
 March 3, 1851 (Sec. 3), S. L. 9, p. 635. 
 
 LIABILITY OF OWNER NOT TO EXCEED HIS INTEREST. 
 
 The liability of the owner of any vessel, for any embezzlement, loss, 
 or destruction, by any person, of any property, goods, or merchandise, 
 shipped or put on board of such vessel, or for any loss, damage, or 
 injury by collision, or for any act, matter, or thing, lost, damage, or 
 forfeiture, done, occasioned, or incurred, without the privity or knowl- 
 edge of such owner or owners, shall in no case exceed the amount or 
 value of the interest of such owner in such vessel, and her freio-ht 
 then pending. 
 
 *JUNE 26, 1884 (SEC. 18). 
 S. L. 23, p. 57 (R. S. 4288). 
 
 liability of OWNER NOT TO EXCEED HIS INTEREST. 
 
 That the individual liability of a shipowner shall be limited to the 
 proportion of any or all debts and liabilities that his individual share 
 of the vessel bears to the whole; and the aggregate liabilities of all 
 the owners of a vessel on account of the same shall not exceed the 
 
THE seaman's contract. 151 
 
 value of such vessel and freight pending: Provided, That this pro- 
 vision shall not affect the liabihty of any owner incurred previous to 
 the passage of this act, nor prevent any claimant from joining all the 
 owners in one action; nor shall the same apply to wages due to per- 
 sons employed by said shipowners. 
 
 R. S. 4289. 
 March 3, 1851 (Sec. 7), S. L. 9, p. 636. 
 
 EXCEPTION TO LIMITATION OF LIABILITY. 
 
 The provisions of this Title relating to the limitation of the liability 
 of the owners of vessels, shall not apply to the owners of any canal- 
 boat, barge, or lighter, or to any vessel of any description whatsoever 
 used in rivers or inland navigation. 
 
 *JUXE 19, 1886 (SEC. 4). 
 S. L. 24. p. 80 (R. S. 4289). 
 
 LAW EXTENDED TO CANAL-BOATS, BARGES, AND LIGHTERS. 
 
 The provisions of the seven preceding sections, and of section 
 eighteen of an act entitled "An act to remove certain burdens on the 
 American merchant marine and encourage the American foreign car- 
 rying trade, and for other purposes," approved June twenty-sixth, 
 eighteen hundred and eighty-four, relating to the limitations of the 
 liability of the owners of vessels, shall apply to all sea-going vessels, 
 and also to all vessels used on lakes or rivers or in inland navigation, 
 including canal-boats, barges, and lighters. 
 
 LIABILITY OF CHARTERER. 
 
 *R. S. 4286. 
 March 3, 1851 (Sec. 5), S. L. 9, p. 636. 
 
 WHEN CHARTERER IS DEEilED OWNER. 
 
 The charterer of any vessel, in case he shall man, victual, and navi- 
 gate such vessel at his own expense, or by his own procurement, shall 
 be deemed the owner of such vessel within the meaning of the pro- 
 visions of this Title relating to the limitation of the liability of the 
 owners of vessels ; and such vessel, when so chartered, shall be liable 
 in the same manner as if navigated by the owner thereof. 
 
152 THE seaman's contract. 
 
 LIEN AND SALVAGE. 
 
 *R. S. 4535. 
 June 7, 1872 (Sec. 31), S. L. 17, p. 268. 
 
 SEAMAN SHALL NOT FORFEIT LIEN ON SHIP. 
 
 No seaman shall, by any agreement other than is provided by this 
 Title, forfeit his lien upon the ship, or be deprived of any remedy for 
 the recovery of his wages to which he would otherwise have been 
 entitled; and every stipulation in any agreement inconsistent with any 
 provision of this Title, and every stipulation by which any seaman 
 consents to abandon his right to his wages in the case of the loss of 
 the ship, or to abandon any right which he may have or obtain in the 
 nature of salvage, shall be wholly inoperative. 
 
 *AUGUST 1, 1912. 
 S. L. Z7, p. 242. 
 
 RIGHT TO SALVAGE NOT AFFECTED BY JOINT OWNERSHIP OF VESSELS. 
 
 That the right to remuneration for assistance or salvage services 
 shall not be affected by common ownership of the vessels rendering 
 and receiving such assistance or salvage services. 
 
 Sec 2. That the master or person in charge of a vessel shall, so 
 far as he can do so without serious danger to his own vessel, crew, 
 or passengers, render assistance to every person who is found at sea 
 in danger of being lost; and if he fails to do so, he shall, upon con- 
 viction, be liable to a penalty of not exceeding one thousand dollars 
 or imprisonment for a term not exceeding two years, or both. 
 
 Sec 3. That salvors of human life, who have taken part in the 
 services rendered on the occasion of the accident giving rise to sal- 
 vage, are entitled to a fair share of the remuneration awarded to 
 the salvors of the vessel, her cargo, and accessories. 
 
 Sec 4. That a suit for the recovery of remuneration for render- 
 ing assistance or salvage services shall not be maintainable if brought 
 later than two years from the date when such assistance or salvage 
 was rendered, unless the court in which the suit is brought shall be 
 satisfied that during such period there had not been any reasonable 
 opportunity of arresting the assisted or salved vessel within the juris- 
 diction of the court or within the territorial waters of the country in 
 which the libelant resides or has his principal place of business. 
 
 Sec 5. That nothing in this Act shall be construed as applyino- 
 
THE seaman's contract. 153 
 
 to ships of war or to Government ships .appropriated exclusively to 
 the public service. 
 
 Sec. 6. That this Act shall take effect and be in force on and after 
 July 1, 191 2. 
 
 MARINE HOSPITALS. 
 
 R. S. 4585. 
 
 July 20, 1846 (Sec. 1), S. L. 9, p. 38; June 29. 1870 (Sec. 1), S. L. 
 
 16, p. 169: Feb. 10, 1871 (Sec. 1), S. L. 16, p. 595; Mar. 3, 
 
 1875 (Sees. 1, 2), S. L. 18, p. 485. 
 
 ASSESSMENT OF FORTY CENTS PER MONTH. 
 
 There shall be assessed and collected by the collectors of customs at 
 the ports of the United States, from the master or owner of every 
 vessel of the United States arriving from a foreign port, or of every 
 registered vessel employed in the coasting trade, and before such ves- 
 sel shall be admitted to entry, the sum of forty cents per month for 
 each and every seaman who shall have been employed on such vessel 
 since she was last entered at any port of the United States ; such sum 
 such master or owner may collect and retain from the wages of such 
 seamen. 
 
 R. S. 4586; 
 
 July 20, 1846 (Sec. 1), S. L. 9, p. 38; June 29, 1870 (Sec- 2), S. L. 
 
 16, p. 169; Feb. 10, 1871 (Sec. 1). S. L. 16, p. 595; Mar. 3, 
 
 1875 (Sees. 1, 2), S. L. 18, p. 485. 
 
 Whenever a sale or transfer of any vessel of the United States 
 is made in a foreign port or water, the consular officer of the United 
 States within whose consulate or district the same is made, or in 
 whose hands the papers of such vessel are, is required to collect of 
 the master or agent of such vessel all moneys that shall have become 
 due to the United States by virtue of the preceding section, and shall 
 remain unpaid at the time of such sale or transfer; and such consular 
 officer shall retain possession of the papers of such vessel until such 
 money shall have been paid as herein provided; and in 'default of such 
 payment the sale or transfer shall be void, excepting as against the 
 vendor. 
 
154 
 
 THE SEAMAN S CONTRACT. 
 
 R. S. 4587. 
 
 July 20, 1846 (Sec. 1), S. L. 9, p. 38; June 29, 1870 (Sec. 2), S. L. 
 
 16, p. 169; Feb. 10, 1871 (Sec. 1), S. L. 16, p. 595; Mar. 3, 
 
 1875 (Sees. 1, 2), S. L. 18, p. 485. 
 
 No collector shall grant to any vessel except canal boats employed 
 in navigating the canals within the United States, whose enrollment 
 or license for carrying on the coasting trade has expired, a new en- 
 rollment or license, unless the master of such vessel shall have first 
 rendered a true account to the collector of the number of seamen and 
 the time they have been employed on such vessel, during the continu- 
 ance of the license which has so expired, and shall have paid to such 
 collector forty cents per month for every such seaman who shall have 
 been employed; which sum the master is hereby authorized to retain 
 out of the wages of such seaman. Whenever the master of any regis- 
 tered, enrolled, or licensed vessel of the United States renders a false 
 account of the number of seamen so employed, or of the length of time 
 they have severally been employed, as, is herein required, he shall be 
 liable to a penalty of fifty dollars, which shall be applied to, and shall 
 make a part of, the general hind created for the relief of sick and 
 disabled seamen; and all needful regulations for the mode of collect- 
 ing the sums hereinbefore mentioned shall be prepared under the direc- 
 tion of the Secretary of the Treasury, by such person as by him may 
 be designated. 
 
 *JUNE 26, 1884 (SEC. 15). 
 S. L. 23, p. 57 (R. S. 4585, 4586, 4587). 
 
 HOSPITAL DUES ABOLISHED. 
 
 Sections forty-five hundred and eighty-five, forty-five hundred and 
 eighty-six, and forty-five hundred and eighty-seven of the Revised 
 Statutes, and all other acts and parts of acts providing for the assess- 
 ment and collection of a hospital tax for seamen, are hereby repealed, 
 and the expense of maintaining the Marine Hospital Service shall 
 hereafter be borne by the United States out of the receipts for duties 
 on tonnage provided for by this act; and so much thereof as may be 
 necessary, is hereby appropriated for that purpose. 
 
 *MARCH 3, 1905. 
 S. L. 33, p. 1217. 
 
 REPEAL OF APPROPRIATION FROM TONNAGE TAX. 
 
 That SO much of section fifteen of an Act entitled "An Act to re- 
 move certain burdens on the American merchant marine and encourage 
 the American foreign carrying trade, and for other purposes," ap- 
 
THE seaman's coxtr.\ct. 15.5 
 
 proved June twenty-sixth, eighteen hundred and eighty-four, as makes 
 a permanent appropriation of the receipts for duties on tonnage pro- 
 vided for by said Act for the expenses of maintaining the Marine 
 Hospital Service is hereby repealed, to take efifect from and after 
 June thirtieth, nineteen hundred and six. And the Secretary of the 
 Treasury shall, for the fiscal year nineteen hundred and seven, and 
 annually thereafter, submit to Congress, in the regular Book of Esti- 
 mates, detailed estimates of the expenses of maintaining the Public 
 Health and ^Marine Hospital Service. 
 
 *R. S. 4801. 
 July 16, 1798 (Sec. 4), S. L. 1, p. 606. 
 
 POWER TO RECEIVE GIFTS IN AID OF MARINE HOSPITALS. 
 
 The President is authorized to receive donations of real or personal 
 property, in the name of the United States, for the erection or support 
 of hospitals for sick and disabled seamen. 
 
 *R. S. 4804. 
 Feb. 10, 1871, S. L. 16, p. 595. 
 
 PERSONS EMPLOYED ON CANAL-BOATS IN THE COASTING TRADE EXCLUDED. 
 
 Xo person employed in or connected with the navigation, manage- 
 ment, or use of canal-boats engaged in the coasting trade shall by 
 reason thereof be entitled to any benefit or relief from the marine 
 hospital fund. 
 
 *R. S. 4805. 
 May 3, 1802 (Sec. 5), S. L. 2, p. 193. 
 
 FOREIGN SEAMEN ADMITTED. 
 
 Sick foreign seamen may be admitted to the marine hospitals within 
 the United States, if it can with convenience be done, on the applica- 
 tion of the master of any foreign vessel to which any such seaman 
 may belong. Each seaman so admitted shall be subject to a charge 
 of seventy-five cents per day for each day he may remain in the hos- 
 pital, which shall be paid by the master of such foreign vessel to the 
 collector of the collection district in which such hospital is situated. 
 And the collector shall not grant a clearance to any foreign vessel 
 until the money so due from her master shall be paid. The ofScer in 
 charge of each hospital is hereby directed, under penalty of fifty dol- 
 lars, to make out the accounts against each foreign seaman that may 
 be placed in the hospital under his direction, and render the same to 
 the collector. 
 
156 THE seaman's contract. 
 
 *MARCH 3, 1875 (SECS. 3, 4, 5, 6, 7, 8). 
 S. L. 18, p. 485. 
 
 TERM "seaman" DEFINED. 
 
 Sec. 3. That the term "seaman," wherever employed in legislation 
 relating to the marine hospital service, shall be held to include any 
 person employed on board in the care, preservation, or navigation of 
 any vessel, or in the service, on board, of those engaged in such care, 
 preservation, or navigation. 
 
 Sec. 4. That the Secretary of the Treasury may rent or lease such 
 marine hospital buildings, and the lands appertaining thereto, as he 
 may deem advisable in the interests of the marine hospital service ; 
 and the proceeds of such rents or leases are hereby appropriated for 
 the said service. 
 
 Sec. 5. That insane patients of said service shall be admitted into 
 the Government Hospital for the Insane upon the order of the Secre- 
 tary of the Treasury, and shall be cared for therein until cured or 
 until removed by the same authority ; and the charge for each such 
 patient shall not exceed four dollars and fifty cents a week, which 
 charge shall be paid out of the marine hospital fund. 
 
 Sec. 6. That sick and disabled seamen of foreign vessels and of 
 vessels not subject to hospital dues may be cared for by the marine 
 hospital services at such rates and under such regulations as the Sec- 
 retary of the Treasury may prescribe. 
 
 Sec. 7. That the compensation of the Supervising Surgeon of the 
 United States marine hospital service shall be paid out of the marine 
 hospital fund, and the salary of the supervising surgeon shall be four 
 thousand dollars a year. 
 
 Sec. 8. That all acts and parts of acts inconsistent with this act 
 are hereby repealed. 
 
 * AUGUST 4, 1894. 
 S. L. 28, p. 229. 
 
 LIFE-S.WING CREWS ENTITLED TO BENEFITS OF MARINE HOSPIT.\LS. 
 
 That the privilege of admission to and temporary treatment in the 
 marine hospitals under the control of the Government of the United 
 States be, and is hereby, extended to the keepers and crews of the 
 Life-Saving Service under the same rules and regulations as those gov- 
 erning sailors and seamen, and for the purposes of this Act members 
 of the Life-Saving Service shall be received in said hospitals and 
 treated therein, and at the dispensaries thereof, as are seamen of 
 American registered vessels; but this Act shall not be so construed as 
 
THE seaman's contract. 157 
 
 to compel the establishment of hospitals or dispensaries for the benefit 
 of said keepers and crews, nor as establishing a home for the same 
 when permanently disabled. 
 
 REMOVAL OF MASTER. 
 
 *R. S. 4250. 
 April 9, 1872, S. L. 17, p. 51. 
 
 REMOVAL OF CAPTAIN BY OWNERS OF VESSELS. 
 
 Any person or body corporate having more than one-half owner- 
 ship of any vessel shall have the same power to remove a master, who 
 is also part owner of such vessel, as such majority owners have to 
 remove a master not an owner. This section shall not apply where 
 there is a valid written agreement subsisting, by virtue of which such 
 master would be entitled to possession, nor in any case where a master 
 has possession as part owner, obtained before the ninth day of April, 
 eighteen hundred and seventy-two. 
 
 MEDICINES, LIME-JUICE, SLOP-CHEST, WARM ROOM. 
 
 *R. S. 4569. 
 July 20, 1790, S. L. 1, p. 134; June 7, 1872 (Sec. 40), S. L. 17, p. 270. 
 
 MEDICINES AND LIME-JUICE. 
 
 Every vessel belonging to a citizen 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, shall be provided with 
 a chest of medicine ; and every sailing vessel bound on a voyage across 
 the Atlantic or Pacific Ocean, or around Cape Horn, or the Cape of 
 Good Hope, or engaged in the whale or other fisheries, or in sealing, 
 shall also be provided with, and cause to be kept, a sufficient quantity 
 of lime or lemon juice, and also sugar and vinegar, or other anti-scor- 
 butics, to be served out to every seaman as follows : The master of 
 every such vessel shall serve the lime or lemon juice, and sugar and 
 vinegar, to the crew, within ten days after salt provisions mainly have 
 been served out to the crew, and so long afterward as such consump- 
 tion of salt provisions continues ; the lime or lemon juice and sugar 
 daily at the rate of half an ounce each per day ; and the vinegar weekly, 
 at the rate of half a pint per week for each member of the crew. 
 
158 THE seaman's contract. 
 
 *JUNE 26, 1884 (SEC. 11). 
 S. L. 23, p. 56. 
 
 VESSELS MENTIONED IN R. S. 4569 SHALL ALSO BE PROVIDED Vi^ITH 
 
 SLOP-CHEST. 
 
 That every vessel mentioned in section forty-five hundred and sixty- 
 nine of the Revised Statutes shall also be provided with a slop-chest, 
 which shall contain a complement of clothing for the intended voyage 
 for each seaman employed, including boots or shoes, hats or cE^ps, 
 under-clothing and outer-clothing, oiled-clothing, and everything nec- 
 essary for the wear of a seaman; also a full supply of tobacco and 
 blankets. Any of the contents of the slop-chest shall be sold, from 
 time to time, to any or every seaman applying therefor, for his own 
 use, at a profit not exceeding ten per centum of the reasonable whole- 
 sale value of the same at the port at which the voyage commenced. 
 And if any such vessel is not provided, before sailing, as herein re- 
 quired, the owner shall be liable to a penalty of not more than five 
 hundred dollars. The provisions of this section shall not apply to ves- 
 sels plying between the United States and the Dominion of Canada, 
 Newfoundland, the Bermuda Islands, the Bahama Islands, the West 
 Indies, Mexico, and Central America. 
 
 *JUNE 19, 1886 (SEC. 13).' 
 S. L. 24, p. 82. 
 
 WHALING AND FISHING VESSELS EXEMPTED. 
 
 That section eleven of "An Act to remove certain burdens on the 
 American merchant marine and encourage the American foreign car- 
 rying trade, and for other purposes," approved June twenty-sixth, 
 eighteen hundred and eighty-four, shall not be construed to a,pply to 
 vessels engaged in the whaling or fishing business. 
 
 *R. S. 4570. 
 June 7, 1872 (Sec. 41), S. L. 17, p. 270. 
 
 PENALTY FOR FAILURE TO KEEP MEDICINES. 
 
 If, on any such vessel, such medicines, medical stores, lime or lemon 
 juice, or other articles, sugar, and vinegar, as are required by the pre- 
 ceding section, are not provided and kept on board, as required, the 
 master or owner shall be liable to a penalty of not more than five hun- 
 dred dollars; and if the master of any such vessel neglects to serve out 
 the lime or lemon juice, and sugar and vinegar in the case and manner 
 directed, he shall for each such offense be liable to a penalty of not 
 
THE seaman's coxtract. 159 
 
 more than one hundred dollars ; and if any master is convicted in either 
 of the offenses mentioned in this section, and it appears that the offense 
 is owing to the act or default of the owner, such master may recover 
 the amount of such penalty, and the costs incurred by him, from the 
 owner. 
 
 R. S. 4572. 
 June 7, 1872 (Sec. 42), S. L. 17, p. 270. 
 
 WOOLEN CLOTHING AND FUEL. 
 
 Every vessel bound on any foreign voyage shall also be provided 
 with at least one suit of woolen clothing for each seaman, for use 
 during the winter months ; and every such vessel shall be provided 
 with fuel and a safe and suitable room in which a fire can be kept for 
 the use of seamen. 
 
 *DEC. 21, 1898 (SEC. 15). 
 S. L. 30, p. 759 (R. S. 4572). 
 
 WARM ROOM IN ALL TRADES. 
 
 Ever\- vessel bound on any foreign voyage exceeding in length four- 
 teen days shall also be provided with at least one suit of woolen cloth- 
 ing for each seaman, and every vessel in the foreign or domestic trade 
 shall provide a safe and warm room for the use of seamen in cold 
 weather. Failure to make such provision shall subject the owner or 
 master to a penalty of not less than one hundred dollars. [This sec- 
 tion shall not apply to fishing or whaling vessels or yachts — Dec. 21, 
 1898, Sec. 26.] 
 
 EXEMPTION FROM MILITIA DUTY. 
 
 R. S. 1629. 
 
 MiLX 8, 1792 (Sec. 2), S. L. 1, p. 272; May 7, 1800 (Sec. 4), 
 S. L. 2, p. 62; April 30, 1810 (Sec. 33), S. L. 2, p. 603. 
 
 PERSONS EXEMPT FROM MILITIA DUTN'. 
 
 The A'ice-President of the United States; the officers judicial and 
 executive of the Government of the United States ; the members of 
 both Houses of Congress, and their respective officers ; all custom-house 
 officers with their clerks ; all postmasters and persons employed in the 
 transportation of the mail ; all ferrymen employed at any ferry on post 
 roads; all inspectors of exports; all artificers and workmen employed 
 in the armories and arsenals of the United States ; all pilots ; all mari- 
 
160 THE seaman's contract. 
 
 ners actually employed in the sea service of any citizen or merchant 
 within the United States ; and all persons who now are or may here- 
 after be exempted by the laws of the respective States, shall be ex- 
 empted from militia duty, notwithstanding their being above the age 
 of eighteen, and under the age of forty-five years. 
 
 *JAN. 21, 1903 (SEC. 2). 
 S. L. 32, p. 775 (R. S. 1629). 
 Sec. 2. That the Vice-President of the United States, the officers, 
 judicial and executive, of the Government of the United States, the 
 members and officers of each Hotise of Congress, persons in the mili- 
 tary or naval service of the United States, all custom-house officers, 
 with their clerks, postmasters and persons employed by the United 
 States in the transmission of the mail, ferrymen employed at any ferry 
 on a post road, artificers and workmen employed in the armories and 
 arsenals of the United States, pilots, mariners actually employed in 
 the sea service of any citizen or merchant within the United States, 
 and all persons who are exempted by the laws of the respective States 
 or Territories shall be exempted from militia duty, without regard to 
 age: Provided, That nothing in this Act shall be construed to require 
 or compel any member of any well-recognized religious sect or organ- 
 ization at present organized and existing whose creed forbids its mem- 
 bers to participate in war in any form, and whose religious convictions 
 are against war or participation therein, in accordance with the creed 
 of said religious organization, to serve in the miHtia or any other 
 armed or volunteer force under the jurisdiction and authority of the 
 United States. 
 
 OFFICIAL LOG-BOOK. 
 
 (See also "Payment of Wages" and "Offenses and Punishments.") 
 
 *R. S. 4290. 
 June 7, 1872 (Sec. 58), S. L. 17, p. 275; Feb. 27, 1877, S. L. 19, p. 251. 
 
 ENTRIES IN LOG-BOOK. 
 
 Every vessel making voyages from a port in the United States to 
 any foreign port, or, being of the burden of seventy-five tons or up- 
 ward, from a port on the Atlantic to a port on the Pacific, or vice 
 versa, shall have an official log-book; and every master of such vessel 
 shall make, or cause to be made therein, entries of the following mat- 
 ters, that is to say : 
 
 First. Every legal conviction of any member of his crew, and the 
 punishment inflicted. 
 
THE seaman's contract. 161 
 
 Second. Even- offense committed by any member of his crew for 
 wliich it is intended to prosecute, or to enforce a forfeiture, togetlier 
 with such statement concerning the reading over such entry, and con- 
 cerning the reply, if any, made to the charge, as is required by the 
 provisions of section forty-five hundred and ninety-seven. 
 
 Third. Every off'ense for which punishment is inflicted on board, 
 and the punishment inflicted. 
 
 Fourth. A statement of the conduct, character, and qualifications of 
 each of his crew ; or a statement that he declines to give an opinion 
 of such particulars. 
 
 Fifth. Every case of illness or injury happening to any member of 
 the crew, with the nature thereof, and the medical treatment. 
 
 Sixth. Every case of death happening on board, with the cause 
 thereof. 
 
 Seventh. Every birth happening on board, with the sex of the infant, 
 and the names of the parents. 
 
 Eighth. Every marriage taking place on board, with the names and 
 ages of the parties. 
 
 Ninth. The name of every seaman or apprentice who ceases to be a 
 member of the crew otherwise than by death, with the place, time, 
 manner, and cause thereof. 
 
 Tenth. The wages due to any seaman or apprentice who dies during 
 the voyage, and the gross amount of all deductions to be made there- 
 from. 
 
 Eleventh. The sale of the effects of any seaman or apprentice who 
 dies during the voyage, including a statement of each article sold, and 
 the sum received for it. 
 
 -FEB. 14, 1900. 
 S. L. 31, p. 29 (R. S. 4290). , 
 
 ENTRY OF COLLISION. 
 
 That section forty-two hundred and ninety of the Revised Statutes 
 be amended by adding the following: 
 
 "Twelfth. In every case of collision in which it is practicable so to 
 do, the master shall, immediately after the occurrence, cause a state- 
 ment thereof, and of the circumstances under which the same occurred, 
 to be entered in the official log-book. Such entry shall be made in the 
 manner prescribed in section forty-two hundred and ninety-one, and 
 failure to make such entry shall subject the offender to the penalties 
 prescribed by section forty-two hundred and ninety-two. 
 
162 THE seaman's contract. 
 
 *R. S. 4291. 
 June 7, 1872 (Sec. 59), S. L. 17, p. 276. 
 
 MODE OF MAKING ENTRIES. 
 
 Every entry hereby required to be made in the official log-book 
 shall be signed by the master and by the mate, or some other one of 
 the crew, and every entry in the official log-book shall be made as soon 
 as possible after the occurrence to which it relates, and, if not made 
 on the same day as the occurrence to which it relates, shall be made 
 and dated so as to show the date of the occurrence, and of the entry 
 respecting it; and in no case shall any entry therein, in respect of any 
 occurrence happening previously to the arrival of the vessel at her 
 final port, be made more than twenty-four hours after such arrival. 
 
 *R. S. 4292. 
 June 7, 1872 (Sec. 60), S. L. 17, p. 276. 
 
 PENALTY FOR OMITTING ENTRIES. 
 
 If in any case the official log-book is not kept in the manner hereby 
 required, or if any entry hereby directed to be made in any such log- 
 book is not made at the time and in the manner hereby directed, the 
 master shall, for each such offense, be liable to a penalty of not more 
 than twenty-five dollars ; and every person who makes, or procures to 
 be made, or assists in making, any entry in any official log-book in 
 respect of any occurence happening previously to the arrival of the 
 vessel at her final port of discharge, more than twenty-four hours after 
 such arrival, shall, for each offense, be liable to a penalty of not more 
 than one hundred and fifty dollars. 
 
 OFFICERS NOT FELLOW-SERVANTS. 
 
 *MARCH 4, 1915 (SEC. 20). 
 S. L. 38, p. 1185. 
 
 OFFICERS NOT FELLOW-SERVANTS WITH SEAMEN. 
 
 Sec. 20. That in any suit to recover damages for any injury sus- 
 tained on board vessel or in its service seamen having command shall 
 not be held to be fellow-servants with those under their authority. 
 
THE seaman's contract. 163 
 
 SEAMEN'S ACT. 
 
 *.AIARCH 4. 1915 (SEC. 16). 
 S. L. 38, p. 1184. 
 
 ABROGATION OF TREATIES. 
 
 Sec. 16. That in the judgment of Congress articles in treaties and 
 conventions of the United States, in so far as they provide for the 
 arrest and imprisonment of officers and seamen deserting or charged 
 with desertion from merchant vessels of the United States in foreign 
 countries, and for the arrest and imprisonment of officers and seamen 
 deserting or charged with desertion from merchant vessels of foreign 
 nations in the United States and the Territories and possessions thereof, 
 and for the co-operation, aid, and protection of competent legal au- 
 thorities in effecting such arrest or imprisonment and any other treaty 
 provision in conflict with the provisions of this Act, ought to be ter- 
 minated, and to this end the President be, and he is hereby, requested 
 and directed, within ninety days after the passage of this Act, to give 
 notice to the several Governments, respectively, that so much as here- 
 inbefore described of all such treaties and conventions between the 
 United States and foreign governments will terminate on the expira- 
 tion of such periods after notices have been given as may be required 
 in such treaties and conventions. 
 
 *MARCH 4, 1915 (SEC. 18). 
 S. L. 38, p. 1185. 
 
 date of taking EFFECT. 
 
 Sec. 18. That this Act f]\larch 4, 1915] shall take effect, as to all 
 vessels of the United States, eight months after its passage, and as to 
 foreign vessels twelve months after its passage, except that such parts 
 hereof as are in conflict with articles of any treaty or convention with 
 any foreign nation shall take effect as regards the vessels of such for- 
 eign nation on the expiration of the period fixed in the notice of abro- 
 gation of the said articles as provided in section sixteen of this Act. 
 
164 THE seaman's contract. 
 
 SHANGHAIING. 
 
 JUNE 28, 1906. 
 S. L. 34, p. 551. 
 
 SHANGHAIING PROHIBITED.- 
 
 That whoever, with intent that any person shall perform service or 
 labor of any kind on board of any vessel of any kind engaged in trade 
 and commerce among the several States or with foreign nations, shall — 
 
 First. Procure or induce or attempt to procure or induce another 
 by force, threats, or representations which the person making them 
 knows or believes to be untrue, or while the person so mduced or pro- 
 cured is intoxicated or under the influence of any drug, to go on 
 board of any such vessel. 
 
 Second. Induce or procure or attempt to induce or procure another 
 by force or threats, or by representations known of believed by the 
 person making them to be untrue, or while the person so induced or 
 procured is intoxicated or under the influence of any drug, to sign or 
 in any wise enter into any agreement to go on board any such vessel to 
 perform service or labor thereon, shall be fined not more than one 
 thousand dollars or imprisonment for one year, or both. 
 
 Sec. 2. That whoever shall knowingly detain on board any such 
 vessel any person induced to go on board thereof or to enter into an 
 agreement to go on board thereof by any of the means defined in sec- 
 tion one hereof shall be punished as provided in section one. 
 
 Sec. 3. That whoever shall knowingly aid or abet in the doing of 
 any of the things declared unlawful by sections one and two of this 
 Act shall be deemed a principal and punished accordingly. 
 
 Sec. 4. That sections four, six, and twenty-four of chapter twenty- 
 eight of the Acts of Congress, approved December twenty-first, eighteen 
 hundred and ninety-eight, shall apply to all vessels engaged in the tak- 
 ing of oysters, anything in section twenty-six of said last-mentioned 
 Act to the contrary notwithstanding. 
 
 MARCH 2, 1907. 
 S. L. 34, p. 1233. 
 
 That sections one, two, and three of an Act entitled "An Act to 
 prohibit shanghaiing in the United States," approved June twenty- 
 eighth, nineteen hundred and six, be amended so as to read as fol- 
 lows : 
 
 "Whoever, with intent that any person shall perform service or labor 
 of any kind on board of any vessel engaged in trade and commerce 
 
THE seaman's contract. 165 
 
 among the several States or with foreign nations, or on board of any 
 vessel of the United States engaged in navigating the high seas or 
 any navigable water of the United States, shall procure or induce, or 
 attempt to procure or induce, another, by force or threats or by rep- 
 resentations which he knows or believes to be untrue, or while the 
 person so procured or induced is intoxicated or under the influence of 
 any drug, to go on board of any such vessel, or to sign or in any wise 
 enter into any agreement to go on board of any such vessel to perform 
 service or labor thereon, or whoever shall knowingly detain on board 
 of any such vessel any person so procured or induced to go on board 
 thereof or to enter into any agreement to go on board thereof by any 
 means herein defined, or whoever shall knowingly aid or abet in the 
 doing of any of the things herein made unlawful shall be fined not 
 more than one thousand dollars or imprisoned not more than one year, 
 or both." 
 
 Sec. 2. That sections one, two, and three of the Act hereby 
 amended are repealed. 
 
 *:\IARCH 4, 1909 (SEC. 82). 
 S. L. 35, p. 1103. 
 
 SHANGHAIING DESCRIBED. 
 
 Sec. 82. Whoever, with intent that any person shall perform serv- 
 ice or labor of any kind on board of any vessel engaged in trade and 
 commerce among the several States or with foreign nations, or on 
 board of any vessel of the United States engaged in navigating the 
 high seas or any navigable water of the United States, shall procure 
 or induce, or attempt to procure or induce, another, by force or threats 
 or by representations which he knows or believes to be untrue, or 
 while the person so procured or induced is intoxicated or under the 
 influence of any drug, to go on board of any such vessel, or to sign 
 or in anywise enter into any agreement to go on board of any such 
 vessel to perform service or labor thereon ; or whoever shall know- 
 ingly detain on board of any such vessel any person so procured or 
 induced to go on board thereof, or to enter into any agreement to go 
 on board thereof, by any means herein defined ; or whoever shall 
 knowingly aid or abet in the doing of any of the things herein made 
 unlawful, shall be fined not more than one thousand dollars, or im- 
 prisoned not more than one year, or both. 
 
166 THE seaman's contract. 
 
 RADIO-COMMUNICATION. 
 
 -JUNE 24, 1910. 
 
 S. L. 36, p. 629. 
 
 appar.\tus and operators required. 
 
 That from and after the first day of July, nineteen hundred and 
 eleven, it shall be unlawful for any ocean-going steamer of the United 
 States, or of any foreign country, carrying passengers and carrying 
 fifty or more persons, including passengers and crew, to leave or at- 
 tempt to leave any port of the United States unless such steamer shall 
 be equipped with an efficient apparatus for radio-communication, in 
 good working order, in charge of a person skilled in the use of such 
 apparatus, which apparatus shall be capable of transmitting and re- 
 ceiving messages over a distance of at least one hundred miles, night 
 or day : Provided, That the provisions of this Act shall not apply to 
 steamers plying only between ports less than two hundred miles apart. 
 
 Sec. 2. That for the purpose of this Act apparatus for radio-com- 
 munication shall not be deemed to be efficient unless the company 
 installing it shall contract in writing to exchange, and shall, in fact, 
 exchange, as far as may be physically practicable, to be determined 
 by the master of the vessel, messages with shore or ship stations using 
 other systems of radio-communication. 
 
 Sec. 3. That the master or other person being in charge of any 
 such vessel which leaves or attempts to leave any port of the United 
 States in violation of any of the provisions of this Act shall, upon 
 conviction, be fined in a sum not more than five thousand dollars, and 
 any such fine shall be a lien upon such vessel, and such vessel may be 
 libeled therefor in any district court of the United States within the 
 jurisdiction of which such vessel shall arrive or depart, and the leav- 
 ing or attempting to leave each and every port of the United States 
 shall constitute a separate offense. 
 
 Sec. 4. That the Secretary of *Commerce and Labor shall make such 
 regulations as may be necessary to secure the proper execution of this 
 Act by collectors of customs and other officers of the Government. 
 
 * "Commerce"— Mar. 3, 1913, Sec. 1. 
 
 *JULY 23, 1912. 
 
 S. L. 37, p. 199. 
 
 That section one of an Act entitled "An Act to require apparatus 
 
 and operators for radio-communication on certain ocean steamers," 
 
 approved June twenty-fourth, nineteen hundred and ten, be amended 
 
 so that it will read as follows : 
 
 "Section 1. That from and after October first, nineteen hundred 
 
THE seaman's cuxtract. 167 
 
 and twelve, it shall be unlawful for any steamer of the United States 
 or of any foreign country navigating the ocean or the Great Lakes 
 and licensed to carry, or carrying, fifty or more persons, including 
 passengers or crew or both, to leave or attempt to leave any port of 
 the United States unless such steamer shall be equipped with an 
 efficient apparatus for radio-communication, in good working order, 
 capable of transmitting and receiving messages over a distance of at 
 least one hundred miles, day or night. An auxiliary' power supply, 
 independent of the vessel's main electric power plant, must be pro- 
 vided which will enable the sending set for at least four hours to send 
 messages over a distance of at least one hundred miles, day or night, 
 and efficient communication between the operator in the radio room 
 and the bridge shall be maintained at all times. 
 
 "The radio equipment must be in charge of two or more persons 
 skilled in the use of such apparatus, one or the other of whom shall be 
 on duty at all times while the vessel is being navigated. Such equip- 
 ment, operators, the regulation of their watches, and the transmission 
 and receipt of messages, except as may be regulated by law or inter- 
 national agreement, shall be under the control of the master, in the 
 case of a vessel of the United States; and every willful failure on the 
 part of the master to enforce at sea the provisions of this paragraph 
 as to equipment, operators, and watches shall subject him to a penalty 
 of one hundred dollars. 
 
 ''That the provisions of this section shall not apply to steamers 
 plying between ports, or places, less than two hundred miles apart." 
 
 Sec. 2. That this Act, so far as it relates to the Great Lakes, shall 
 take effect on and after April first, nineteen hundred and thirteen, 
 and so far as it relates to ocean cargo steamers shall take effect on 
 and after July first, nineteen hundred and thirteen : Provided, That 
 on cargo steamers, in lieu of the second operator provided for in this 
 Act, there may be substituted a member of the crew or other person 
 who shall be duly certified and entered in the ship's log as competent 
 to receive and understand distress calls or other usual calls indicating 
 danger, and to aid in maintaining a constant wireless watch so far as 
 required for the safety of life. 
 
 *AUG. 13, 1912 (SEC. 3). 
 S. L. ^7, p. 303. 
 Sec. 3. That every such apparatus shall at all times while in use 
 and operation as aforesaid be in charge or under the supervision of a 
 person or persons hcensed for that purpose by the Secretary of '"Com- 
 merce and Labor. Every person so licensed who in the operation of 
 
 * '-Commerce"— Mar. 4, 1913, Sec. 1. 
 
168 THE seaman's contract. 
 
 any radio apparatus shall fail to observe and obey regulations con- 
 tained in or made pursuant to this Act or subsequent Acts or treaties 
 of the United States, or any one of them, or who shall fail to enforce 
 obedience thereto by an unlicensed person while serving under his 
 supervision, in addition to the punishments and penalties herein 
 prescribed, may suffer the suspension of the said license for a period 
 to be fixed by the Secretary of *Commerce and Labor not exceeding 
 one year. It shall be unlawful to employ any unlicensed person or 
 for any unlicensed person to serve in charge or in supervision of the 
 use and operation of such apparatus, and any person violating this 
 provision shall be guilty of a misdemeanor, and on conviction thereof 
 shall be punished by a fine of not more than one hundred dollars or 
 imprisonment for not more than two months, or both, in the discretion 
 of the court, for each and every such ofifense : Provided, That in case 
 of emergency the Secretary of ^Commerce and Labor may authorize 
 a collector of customs to issue a temporary permit, in lieu of a license, 
 to the operator on a vessel subject to the radio ship act of June 
 twenty-fourth, nineteen hundred and ten. 
 
 * "Commerce"— Mar. 4, 1913, Sec. 1. 
 
 WATCH-AND-WATCH, HOLIDAYS, WORKDAY. 
 
 *MARCH 4, 1915 (SEC. 2). 
 S. L. 38, p. 1164. 
 
 WATCH-AND-WATCH AT SE.\. 
 
 Sec. 2. That in all merchant vessels of the United States of more 
 than one hundred tons gross, excepting those navigating rivers, har- 
 bors, bays, or sounds exclusively, the sailors shall, while at sea, be 
 divided into at least two, and the firemen, oilers, and water-tenders into 
 at least three watches, which shall be kept on duty successively for the 
 performance of ordinary work incident to the sailing and management 
 of the vessel. 
 
 The seamen shall not be shipped to work alternately in the fireroom 
 and on deck, nor shall those shipped for deck duty be required to work 
 in the fireroom, or vice versa; but these provisions shall not limit 
 either the authority of the master or other officer or the obedience of 
 the seamen when, in the judgment of the master or other officer, the 
 whole or any part of the crew are needed for the maneuvering of the 
 vessel or the performance of work necessary for the safety of the 
 vessel or her cargo, or for the saving of life aboard other vessels in 
 jeopardy, or when in port or at sea from requiring the whole or any 
 
THE seaman's contract. 169 
 
 part of the crew to participate in the performance of fire, lifeboat, and 
 other drills. 
 
 SUNDAYS AND HOLIDAYS IN PORT. 
 
 "\^'hile such vessel is in a safe harbor no seaman shall be required 
 to do any unnecessary work on Sundays or the following-named days : 
 New Year's Day, the Fourth of July, Labor Day, Thanksgiving Day, 
 and Christmas Day, but this shall not prevent the dispatch of a vessel 
 on regular schedule or when ready to proceed on her voyage. 
 
 WORKDAY IN PORT. 
 
 And at all times while such vessel is in a safe harbor, nine hours, 
 inclusive of the anchor watch, shall constitute a day's work. 
 
 Whenever the master of any vessel shall fail to comply with this 
 section, the seamen shall be entitled to discharge from such vessel and 
 to receive the wages earned. But this section shall not apply to fishing 
 or whaling vessels, or vachts. 
 
 WITNESSES' FEES AND TRANSPORTATION. 
 
 *R. S. 851. 
 Feb. 26, 1853 (Sec. 3), S. L. 10, p. 168. 
 
 SEAMEN SENT HOME AS WITNESSES. 
 
 There shall be paid to each seaman or other person who is sent 
 to the United States from any foreign port, station, sea, or ocean, 
 by any United States minister, charge d'aflfaires, consul, captain, or com- 
 mander, to give testimony in any criminal case depending in any court 
 of the United States, such compensation, exclusive of subsistence and 
 transportation, as such court may adjudge to be proper, not exceeding 
 one dollar for each day necessarily employed in such voyage, and in 
 arriving at the place of examination or trial. In fixing such compensa- 
 tion, the court shall take into consideration the condition of said seaman 
 or witness, and whether his voyage has been broken up, to his injury, 
 by his being sent to the United States. 
 
 When such seaman or person is transported in an armed vessel of the 
 United States no charge for subsistence or transportation shall be 
 allowed. When he is transported in any other vessel, the compensation 
 for his transportation and subsistence, not exceeding in any case fifty 
 cents a day, may be fixed by the court, and shall be paid to the captain 
 of said vessel accordingly. 
 
170 THE seaman's contract. 
 
 JULY 20, 1846 (SEC. 1). 
 S. L. 9, p. 38 (R. S. 4251). 
 
 CANAL-BOATS NOT TO EE LIBELED FOR WAGES. 
 
 * * * Nor shall any such boat [canal boats without masts or steam- 
 power, now by law required to be registered, licensed, or enrolled 
 and licensed] be subject to be libeled in any of the United States 
 courts for the wages of any person or persons who may be employed 
 on board thereof, or in navigating the same. 
 
 *R. S. 4251. 
 
 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. (See p. 88.) 
 
 APRIL 17, 1874. 
 S. L. 18, p. 30. 
 
 ALIEN JIAY BE LICENSED AS ENGINEER OR PILOT UPON DECLAR.VTIOX OF 
 INTENTION AND SIX MONTHS' RESIDENCE. 
 
 That any alien who, in the manner provided for by law, has declared 
 his intention to become a citizen of the United States, and who shall 
 have been a permanent resident of the United States for at least six 
 months immediately prior to the granting of such license, may be 
 licensed, as if already naturalized, to serve as an engineer or pilot 
 upon any steam-vessel subject to inspection under the provisions of 
 the act entitled "An act to provide for the better security of hfe on 
 board vessels propelled, in whole or in part, by steam, and for other 
 purposes," approved February twenty-eighth, eighteen hundred and 
 seventy-one. (See p. 8.) 
 
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TABLE II— ACTS OF CONGRESS AND 
 REVISED STATUTES 
 
 DATES OF ACTS OF CONGRESS, SECTION NUMBERS AS RE-ENACTED IN 
 REVISED STATUTES, AND DATES OF SUBSEQUENT ACTS, 1790-1918. 
 
 * Present law. 
 (Am.) Amended i 
 (Rep.) Repealed. 
 (Ren.) Re-enacted. 
 
 Date of Original Enactment 
 
 Sec. 
 
 of 
 
 Act 
 
 Section of 
 Rev. Stats. 
 
 Page 
 This 
 Vol. 
 
 APRIL 30, 1790— 
 
 
 
 
 
 ilurder 
 
 3 
 
 
 
 129 
 
 ilanslaughter 
 
 7 
 
 
 
 130 
 
 Punishment of manslaughter 
 
 " 
 
 
 
 131 
 
 Revolt and mutiny- 
 
 8 
 
 
 
 133 
 
 Laying violent hands on com- 
 
 " 
 
 
 5369 
 
 134 
 
 mander 
 
 
 *(Ren. 
 
 Mar. 4, 1909, s. 294) 
 
 
 Running away with vessel 
 
 " 
 
 
 
 138 
 
 Piracy under color of foreign 
 
 9 
 
 
 5373 
 
 135 
 
 commission 
 
 
 *(Ren. 
 
 Mar. 4, 1909, s. 304) 
 
 
 Inciting revolt or mutiny 
 
 12 
 
 
 
 132 
 
 Confederating, etc., with pirates 
 
 
 *(Ren. 
 
 5384 
 Mar. 4, 1909, s. 307) 
 
 136 
 
 Maiming 
 
 13 
 
 *(Ren. 
 
 5348 
 Mar. 4, 1909, s. 283) 
 
 128 
 
 JULY 20, 1790— 
 
 
 
 
 
 ♦Penalty for shipping without ar- 
 
 1 
 
 
 4521 
 
 47 
 
 ticles 
 
 
 
 
 
 Penalty for omitting to begin 
 
 2 
 
 
 4522 
 
 48 
 
 voyage 
 
 
 
 
 
 Complaint that vessel is unsea- 
 
 3 
 
 
 4SS6 
 
 74 
 
 worthy 
 
 
 
 
 
 Proceedings upon examination 
 
 " 
 
 
 4557 
 
 75 
 
 of vessel 
 
 
 
 
 
 Penalty for refusal to proceed 
 
 
 
 4558 
 
 76 
 
 when vessel found seaworthy 
 
 
 
 
 
 *Limit of sum recoverable dur- 
 
 4 
 
 
 4537 
 
 86 
 
 ing voyage 
 
 
 
 
 
 Penalty for secreting seamen 
 
 " 
 
 
 4601 
 
 147 
 
 Time for payment 
 
 6 
 
 
 
 82 
 
 Payment of wages at ports, etc. 
 
 
 
 4530 
 
 84 
 
 Summons for non-payment of 
 
 li 
 
 
 
 86 
 
 wages 
 
 
 
 
 
 Libel for wages 
 
 " 
 
 
 
 86 
 
 Deserters may be apprehended 
 
 7 
 
 
 4598 
 
 115 
 
 on justices' warrant 
 
 
 (Rep. 
 
 Dec. 21, 1898, s. 25 
 
 
 Medicines and lime-juice 
 
 8 
 
 
 
 157 
 
 Scale of provisions 
 
 9 
 
 
 4564 
 
 68 
 
 AUGUST 30, 1790— 
 
 
 
 
 
 Oflfenses on the high seas, etc., 
 
 8 
 
 
 
 121 
 
 where triable 
 
 
 
 
 
 APRIL 14, 1792— 
 
 
 
 
 
 ♦Protests to consul 
 
 2 
 
 
 1707 
 
 92 
 
 MAY 8, 1792— 
 
 
 
 
 
 Exemption from militia duty 
 
 2 
 
 
 
 159 
 
 DECEMBER 31, 1792— 
 
 
 
 
 
 Vessels shall be commanded by 
 
 1 
 
 
 4131 
 
 7 
 
 citizen 
 
 
 
 
 
 ♦Recovery of penalties 
 
 29 
 
 
 4305 
 
 123 
 
THE SEAMAN S CONTRACT. 
 
 191 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Sec. 
 of 
 Act 
 
 Section of 
 Rev. Stats. 
 
 Page 
 This 
 Vol. 
 
 MAY 28, 1796— 
 
 *Certificate of citizenship 
 *List of certificates of citizen- 
 ship 
 JULY 16, 1798— 
 '■'Power to receive Rifts in aid of 
 marine hospitals 
 MAY 7, 1800— 
 
 Exemption from militia duty 
 MAY 3, 1802— 
 ♦Foreign seamen admitted to ma- 
 rine hospitals 
 FEBRUARY 28, 1803— 
 
 List of crew to be delivered to 
 
 collector 
 Bond for return of seamen 
 Extra wages on discharge in 
 
 case of sale 
 Disposal of extra wages 
 *Return of seamen 
 Penalty for refusing to receive 
 seamen 
 MARCH 26, 1804— 
 
 Other persons destroying ves- 
 sel at sea 
 Owner destroying vessel -at sea 
 
 APRIL 30, 1810— 
 
 Exemption from militia duty 
 FEBRUARY 28, 1811— 
 *Additional allowance for trans- 
 portation of destitute seamen 
 MARCH 3, 1813— 
 
 ♦Certificate to crew list 
 JUNE 19, 1813— 
 
 Agreement for fishin? vovaee 
 ♦Penalty for violating fishermen's 
 
 agreement 
 ♦Recovery of share of fish 
 ♦Discharge of fishing vessel upon 
 bond 
 APRIL 20, 1814— 
 
 Ofifenses on the high seas, etc., 
 where triable 
 MARCH 3, 1819— 
 
 Piracy under the law of nations 
 MAY IS, 1820— 
 
 Piracy under the law of nations 
 Robbery on the high seas 
 
 Robbery on shore 
 
 Offenses on the high seas, etc., 
 where triable 
 JANUARY 30, 1823— 
 
 Piracy under the law of nations 
 
 MARCH 3, 1825— 
 
 Arson 
 
 4 
 
 5 
 
 1 
 3 
 4 
 
 1 
 2 
 
 33 
 
 3 
 
 1 
 
 4588 
 4591 
 
 4801 
 
 4805 
 
 4576 
 4582 
 
 4577 
 4578 
 
 5366 
 *(Ren. Mar. 4, 1909, s. 301) 
 
 5365 
 *(Ren. Mar. 4, 1909, s. 300) 
 
 1629 
 
 4579 
 
 4574 
 
 4392 
 
 4393 
 4394 
 
 3,4,5 
 
 155 
 
 159 
 
 155 
 
 49 
 
 51 
 98 
 
 100 
 100 
 101 
 
 128 
 127 
 
 159 
 102 
 
 50 
 
 145 
 145 
 
 146 
 147 
 
 121 
 
 134 
 
 
 
 
 
 
 134 
 
 
 
 5370 
 
 
 
 135 
 
 *(Ren. 
 
 Mar 
 
 4. 1909, 
 5371 
 
 s. 
 
 284) 
 
 135 
 
 *(Ren. 
 
 Mar 
 
 4, 1909, 
 5368 
 
 s. 
 
 302) 
 
 121 
 
 134 
 
 ♦(Ren. 
 
 Mar 
 
 4, 1909, 
 5385 
 
 s. 
 
 290) 
 
 125 
 
 *(Ren. 
 
 Mar 
 
 . 4, 1909, 
 
 s. 
 
 285) 
 
 
192 
 
 THE SEAMAN S CONTRACT. 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Arson 
 
 Murder 
 
 Rape 
 
 Offenses on the high seas, etc., 
 
 where triable 
 Attacking vessel 
 
 Breaking and entering vessel 
 
 Abandonment of seamen 
 
 Arson 
 
 Assault with a dangerous weapon 
 
 MARCH 2, 1829— 
 
 Arrest of deserting seamen from 
 foreign vessels 
 MARCH 3, 1835— 
 Revolt and mutiny- 
 Inciting revolt or mutiny 
 
 Maltreatment of crew by ofificers 
 of vessels 
 APRIL 4, 1840— 
 ♦List of crew to be delivered to 
 collector 
 JULY 20, 1840— 
 
 Unlawful shipments void 
 Rules as to list of crew 
 Appointment of inspectors by 
 consul in foreign port 
 *Rcport of mspectors 
 Discharge of seamen on account 
 of unseaworthiness 
 ^Payment of charges for inspec- 
 tion 
 *Refusal to pay wages and 
 charges; damages; penalty 
 Reclamation and discharge of 
 deserters by consular officers 
 When extra wages may be re- 
 mitted 
 Disposal of extra wages 
 AUGUST 23, 1842— 
 ♦Summons for non-payment of 
 wages 
 Libel for wages 
 FEBRUARY 20, 1845— 
 
 ♦Consular powers 
 JULY 20, 1846— 
 
 Assessment of forty cents per 
 month for marine hospitals 
 ♦Canal-boats not subject to libel 
 for wages 
 
 Sec. 
 of 
 Act 
 
 2 
 
 4 
 
 5,14 
 
 6 
 
 7 
 
 10 
 11 
 22 
 
 Section of 
 Rev. Stats. 
 
 '(Ren. 
 ^(Ren. 
 (Ren. 
 
 (Ren. 
 (Ren. 
 (Ren. 
 (Ren. 
 ♦(Ren. 
 
 S386 
 
 Mar. 4, 1909, 
 
 5339 
 
 Mar. 4, 1909, 
 
 5345 
 Mar. 4, 1909, 
 
 5361 
 Mar. 4, 1909, 
 
 5362 
 Mar. 4, 1909, 
 
 5363 
 Mar. 4, 1909, 
 
 5387 
 Mar. 4, 1909, 
 
 5346 
 Mar. 4, 1909, 
 
 s. 286) 
 s. 275) 
 s. 278) 
 
 s. 298) 
 s. 299) 
 s. 295) 
 s. 286) 
 s. 276) 
 
 1 5360 
 ♦(Ren. Mar. 4, 1909, s. 293) 
 
 2 5359 
 ♦(Ren: Mar. 4, 1909, s. 292) 
 
 3 5347 
 
 4573 
 
 4575 
 
 4560 
 4561 
 
 4562 
 
 4563 
 
 4546 
 4547 
 1433 
 
 4251 
 
 Page 
 This 
 Vol. 
 
THE SEAMAN S CONTRACT. 
 
 193 
 
 TABLE II 
 
 —(Continued.) 
 
 
 
 
 Sec. 
 
 Section of 
 Rev. Stats. 
 
 
 Page 
 
 Date of Original Enactment 
 
 of 
 Act 
 
 
 This 
 Vol. 
 
 AUGUST 8, 1846— 
 
 
 
 
 
 Running away with vessel 
 
 s 
 
 S383 
 *(Ren. Mar. 4. 1909, 
 
 s. 306) 
 
 138 
 
 MARCH 3, 1847— 
 
 
 
 
 
 *Offenses on the high seas, etc., 
 
 
 730 
 
 
 121 
 
 where triable 
 
 
 
 
 
 Piracv by subjects of forei.gn. 
 
 
 5374 
 
 
 136 
 
 state 
 
 
 *(Ren. Mar. 4, 1909, 
 
 s. 305) 
 
 
 JULY 29, 1850— 
 
 
 
 
 
 Appointment of inspectors by 
 
 6 
 
 4559 
 
 
 77 
 
 consul in forei.gn port 
 
 
 
 
 
 Casting away vessel 
 
 7 
 
 5367 
 *(Ren. Mar. 4, 1909, 
 
 =. 301) 
 
 128 
 
 SEPTEMBER 28, 1850— 
 
 
 
 
 
 Flogging abolished 
 
 1 
 
 4611 
 
 
 149 
 
 MARCH 3, 1851— 
 
 
 
 
 
 *LiabiIit}' of owner 
 
 3 
 
 4283 
 
 
 150 
 
 Liability of charterer 
 
 S 
 
 4286 
 
 
 151 
 
 *Limitation of liability 
 
 7 
 
 4288 
 
 
 150 
 
 E.xception to limitation of lia- 
 
 " 
 
 4289 
 
 
 151 
 
 bility 
 
 
 
 
 
 FEBRUARY 26, 1853— 
 
 
 
 
 
 *Seamen sent home as witnesses 
 
 3 
 
 851 
 
 
 169 
 
 FEBRUARY 24, 1855— 
 
 
 
 
 
 Arrest of deserting seamen from 
 
 
 5280 
 
 
 120 
 
 foreign vessels 
 
 
 
 
 
 AUGUST 18, 1856— 
 
 
 
 
 
 Copies of receipts of consular 
 
 18 
 
 4213 
 
 
 94 
 
 fees, etc. 
 
 
 
 
 
 *Xo profit from discharged sea- 
 
 20 
 
 1719 
 
 
 94 
 
 men 
 
 
 
 
 
 Extra wages on discharge 
 
 26 
 
 
 
 95 
 
 Penalty for neglect to collect 
 
 " 
 
 4581 
 
 
 96 
 
 extra wages 
 
 
 
 
 
 When extra wages may be re- 
 
 (( 
 
 4583 
 
 
 99 
 
 mitted 
 
 
 
 
 
 Disposal of extra wages 
 
 " 
 
 4584 
 
 
 100 
 
 *Li;ts and returns of seamen, etc. 
 
 27 
 
 1708 
 
 
 92 
 
 *Fees allowed for official services 
 
 28 
 
 1718 
 
 
 93 
 
 MARCH 3, 1857— 
 
 
 
 
 
 ^lanslaughter 
 
 1 
 
 5341 
 *(Ren. Mar. 4, 1909, 
 
 s. 274) 
 
 130 
 
 Attempt to commit murder or 
 
 2 
 
 5342 
 
 
 130 
 
 manslaughter 
 
 
 *(Ren. Mar. 4, 1909, 
 
 s. 277) 
 
 
 Penalty for manslaughter 
 
 3 
 
 5343 
 *(Ren. Mar. 4, 1909, 
 
 s. 275) 
 
 131 
 
 MARCH 24, 1860— 
 
 
 
 
 
 Seduction 
 
 1 
 
 5349 
 
 
 139 
 
 
 
 *(Ren. Mar. 4, 1909, 
 
 s. 280) 
 
 
 Visiting passengers quarters 
 
 2 
 
 4275 
 4276 
 
 
 142 
 142 
 
 U 'I " 
 
 3 
 
 4277 
 
 
 143 
 
 Seduction 
 
 4 
 
 5350 
 
 
 139 
 
 
 
 *rRen. Mar. 4, 1909, 
 
 s. 281) 
 
 
 It 
 
 5 
 
 5351 
 *(Ren. Mar. 4, 1909, 
 
 s. 281) 
 
 140 
 
 JUNE 11, 1864— 
 
 
 
 
 108 
 
 *Powers of foreign consuls over 
 
 1 
 
 4079 
 
 
 disputes between seamen 
 
 
 
 
 
194 
 
 THE SEAMAN S CONTRACT. 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Sec. 
 of 
 Act 
 
 Section of 
 Rev. Stats. 
 
 Page 
 This 
 Vol. 
 
 *Arrest of seaman on application 
 
 2 
 
 4080 
 
 108 
 
 of consul 
 
 
 
 
 ♦Commitment and discharge 
 
 " 
 
 4081 
 
 109 
 
 *When summary trials may be 
 
 " 
 
 4300 
 
 121 
 
 had 
 
 
 
 
 ♦Complaint and answer 
 
 3, 4 
 
 4301 
 
 121 
 
 ♦Limit of sentences 
 
 S 
 
 4304 
 
 122 
 
 ♦Amendments and adjournments 
 
 6 
 
 4302 
 
 122 
 
 ♦Challenges to jurors 
 
 7 
 
 4303 
 
 122 
 
 MARCH 3, 1865— 
 
 
 
 
 ♦Agreement for fishing voyage 
 
 
 4391 
 
 145 
 
 JULY 27, 1866— 
 
 
 
 
 ♦Carrying sheath knives prohib- 
 
 1, 2 
 
 4608 
 
 119 
 
 ited 
 
 
 
 
 JUNE 29, 1870— 
 
 
 
 
 Assessment for marine hospital 
 
 1,.2 
 
 
 153 
 
 FEBRUARY 10, 1871— 
 
 
 
 
 Assessment for marine hospital 
 
 1 
 
 4585 
 
 153 
 
 ■i It (£ (( 
 
 tt 
 
 4586 
 
 153 
 
 <l U l( <( 
 
 " 
 
 4587 
 
 154 
 
 ♦Persons employed on canal-boats 
 
 " 
 
 4804 
 
 155 
 
 not entitled to benefit of ma- 
 
 
 
 
 rine hospital 
 
 
 
 
 FEBRUARY 28, 1871— 
 
 
 
 
 ♦Watchmen on passenger steam- 
 
 6 
 
 4477 
 
 32 
 
 ers 
 
 
 
 
 ♦Punishment for failure to keep 
 
 " 
 
 4478 
 
 32 
 
 watchmen 
 
 
 
 
 Officers and crew of passenger 
 
 14 
 
 4463 
 
 27 
 
 steamers 
 
 
 
 
 Licenses of officers 
 
 (t 
 
 4438 
 
 15 
 
 License of captain 
 
 IS 
 
 4439 
 
 16 
 
 " chief mate 
 
 16 
 
 4440 
 
 17 
 
 ■' " engineer 
 
 17 
 
 4441 
 
 18 
 
 ♦ " " pilot 
 
 18 
 
 4442 
 
 19 
 
 ♦ " " captain or mate as 
 
 ** 
 
 4443 
 
 19 
 
 pilot 
 
 
 
 
 License to be exhibited 
 
 " 
 
 4446 
 
 20 
 
 ♦State regulation of pilots 
 
 SI 
 
 4444 
 
 19 
 
 U '( U tl 
 
 S6 
 
 4445 
 
 20 
 
 ♦Investigation of conduct 
 
 19 
 
 4450 
 
 23 
 
 Appeal to supervising inspector 
 
 20 
 
 44S2 
 
 23 
 
 ♦Effect of decisions of inspectors 
 
 21 
 
 445 S 
 
 26 
 
 ♦Duties of supervising inspector 
 
 24 
 
 4406 
 
 11 
 
 if <. « ■< <. 
 
 25 
 
 4407 
 
 11 
 
 ♦Penalty for violation of regula- 
 
 29 
 
 4413 
 
 11 
 
 tions 
 
 
 
 
 ♦Vessels subject to Navigation 
 
 SI 
 
 4401 
 
 10 
 
 Laws 
 
 
 
 
 Officers to assist inspectors 
 
 54 
 
 4448 
 
 21 
 
 tl It tt tt 
 
 55 
 
 4449 
 
 21 
 
 Oath of licensed officers 
 
 56 
 
 4445 
 
 20 
 
 Renewal of licenses 
 
 ti 
 
 4447 
 
 21 
 
 Misconduct, etc. 
 
 57 
 
 5344 
 *(Ren. ^lar. 4, 1909, s. 282-) 
 
 30 
 
 Ferry-boats, canal-boats, etc. 
 
 58 
 
 4426 
 
 12 
 
 * " tt tt 
 
 59 
 
 4427 
 
 15 
 
 License fees 
 
 60 
 
 4458 
 
 26 
 
 APRIL 9, 1872— 
 
 
 
 
 ♦Removal of master 
 
 
 4250 
 
 157 
 
THE SEAMAN S COXTRACT. 
 
 103 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Sec. 
 of 
 Act 
 
 Section of 
 Rev. Stats. 
 
 Page 
 This 
 Vol. 
 
 JUNE 7, 1872— 
 
 (Shippinff Commissioners Act.) 
 Appointment of shipping com- 
 missioner 
 Bond and oath of sliipping com- 
 missioner 
 *Clerks of commissioner 
 *Seal of commissioner 
 
 Office of commissioner 
 ♦Duties of commissioner 
 Fees of commissioner 
 Payment of fees 
 *PenaIty for taking unlawful fees 
 ♦Officers of Customs acting as 
 
 commissioner 
 ♦Conditions of apprenticeship 
 ♦Indenture of apprentice 
 Penalty for extortion 
 
 Penalty for unlawfully acting as 
 commissioner 
 ♦Particulars of shipping articles 
 
 Exception as to shipping articles 
 ♦Shipping articles for vessels in 
 
 coasting trade 
 ♦Rules for shipping articles 
 
 Lost seamen may be replaced 
 ♦Penalty for shipping without 
 
 agreement 
 ♦Penalty for knowingly shipping 
 
 seaman without agreement 
 ♦Shipping seamen in foreign ports 
 ♦Penalty for violating preceding 
 
 section 
 ♦Unlawful shipments void 
 Allotment of wages 
 
 Advances 
 
 Recovery in case of unlawful 
 
 advance 
 Discount of advance security 
 
 ♦Posting copy of agreement 
 
 (Forecastle Card) 
 ♦Wages in case of improper dis- 
 charge 
 ♦Mode of discharge 
 ♦Account on discharge 
 ♦Certificate of discharge 
 ♦Commissioner to act as arbiter 
 ♦Examination of witnesses 
 ♦Rules for settlement 
 ♦Certificate of character 
 
 Naturalization of seamen 
 ♦Commencement of wages 
 ♦Seamen shall not forfeit lien on 
 
 ship 
 ♦Wages not deoendent on freight 
 
 9 
 10 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 
 32 
 
 4501 
 
 4502 
 
 4505 
 4506 
 4507 
 4508 
 4592 
 4593 
 4595 
 4503 
 
 4509 
 4510 
 4609 
 (Rep. Dec. 21, 1898, s. 25) 
 4504 
 
 4511 
 4513 
 4520 
 
 4512 
 4516 
 4514 
 
 4515 
 
 4517 
 4518 
 
 4523 
 
 4531 
 (Rep. Dec. 21. 1898, s. 25) 
 
 4532 
 (Rep. Dec. 21, 1898, s. 25) 
 
 4533 
 (Rep. Dec. 21. 1898, s. 25) 
 
 4534 
 (Rep. Dec. 21. 1898, s. 25) 
 
 4519 
 
 4527 
 
 4549 
 4550 
 4551 
 4554 
 4555 
 4552 
 4553 
 2174 
 4524 
 4535 
 
 4525 
 
THE seaman's contract. 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Termination of wages by loss of 
 vessel 
 *Suspension of wages 
 
 Time for payment 
 *Examination of provisions 
 
 Forfeiture for false complaint 
 ^Permission to enter complaint 
 Allowance for reduction of pro- 
 visions 
 *AIedicines and lime-juice 
 *Penalty for failure to keep medi- 
 cines 
 *Weigrits and measures 
 Woolen clothing and fuel 
 "Effects of deceased seamgn 
 "Proceedings in regard to effects 
 
 of deceased seaman 
 "Penalty for neglect in regard to 
 
 seamen's effects 
 "Duties of consular officers in re- 
 gard to deceased seamen's ef- 
 fects 
 "Payment of wages in case of 
 death within the United States 
 "Payment to circuit court 
 "Distribution of seaman's money 
 and effects 
 Unclaimed wages and effects 
 Various offenses by seamen; 
 
 penalties 
 Entry of offenses 
 Arrest of seaman 
 rant 
 "Penalty for drunkenness 
 "Disposal of forfeitures 
 Reclamation and discharge of 
 deserters by consular officers 
 "Enforcement of forfeitures 
 "Appropriation of wages to costs 
 
 of conviction 
 "Entries in log-book 
 "Mode of making entries 
 "Penalty for omitting entries 
 Ko attachn?ent or assignment of 
 wages 
 "Penalty for boarding vessel 
 "Penalty for soliciting seamen as 
 
 lodgers 
 "Penalties and forfeitures and 
 
 how recorded 
 "Definitions, schedules, and tables 
 Scale of provisions to be allowed 
 "Limit of officers' compensation 
 JANUARY 15, 1873— 
 "Penalty for unlawfully acting as 
 commissioner 
 Sections shall not apply to 
 certain vessels 
 MARCH 3, 1873— 
 "Wages payable in gold 
 
 Sec. 
 of 
 Act 
 
 in log-book 
 without war- 
 
 33 
 
 34 
 35 
 36 
 37 
 38 
 39 
 
 40 
 41 
 
 42 
 
 43 
 
 44 
 
 45 
 46 
 
 47 
 
 48 
 49 
 
 SO 
 51 
 
 52 
 53 
 
 54 
 55 
 56 
 
 57 
 
 58 
 59 
 60 
 61 
 
 62 
 63 
 
 64 
 
 65 
 
 66 
 
 Section of 
 Rev. Stats. 
 
 4526 
 
 4528 
 4529 
 4565 
 4566 
 4567 
 4568 
 
 4569 
 4570 
 
 4571 
 4572 
 4538 
 4539 
 
 4540 
 
 4541 
 
 4542 
 
 4S43 
 4544 
 
 4545 
 4596 
 
 4597 
 4599 
 (Rep. Dec. 21, 1898, s. 25) 
 4602 
 4604 
 4600 
 
 4603 
 4605 
 
 4290 
 4291 
 4292 
 4536 
 
 4606 
 4607 
 
 4610 
 
 4612 
 
 4594 
 
 (Am.) 4504 
 
 4511 
 
 4548 
 
THE SE.MSrAN S CONTRACT. 
 
 197 
 
 TABLE II— (Continued.) 
 
 
 Sec. 
 
 Section of 
 Rev. Stats. 
 
 Page 
 
 Date of Original Enactment 
 
 of 
 Act 
 
 This 
 Vol. 
 
 Extra wages on discharge 
 
 
 4580 
 
 95 
 
 APRIL 17, 1874— 
 
 
 
 
 License of alien as engineer 
 
 
 
 170 
 
 or pilot 
 
 
 
 
 JUNE 9, 1874— 
 
 
 
 
 Appointment of shipping com- 
 
 
 (Am.) 4501 
 
 35 
 
 missioner 
 
 
 
 
 JUNE 19, 1874— 
 
 
 
 
 None of the provisions of Act 
 
 
 
 43 
 
 June 7, 1872, shall apply to 
 
 
 
 
 coastwise vessels 
 
 
 
 
 FEBRUARY 18, 1875— 
 
 
 
 
 Penalty for secreting seamen 
 
 
 4601 
 (Rep. Dec. 21, 1898, s. 25) 
 
 147 
 
 MARCH 3, 1875— 
 
 
 
 
 Murder 
 
 
 (Am.) 5339 
 
 129 
 
 Assessment for marine hospital 
 
 1, 2 
 
 4585 
 4586 
 4587 
 
 154 
 
 ♦Term "seaman" defined 
 
 3,4,5, 
 6,7,8, 
 
 
 156 
 
 FEBRUARY 27, 1877— 
 
 
 
 
 ♦Penalty for non-citizen officer 
 
 
 4219 
 
 10 
 
 ♦License of engineers 
 
 
 4441 
 
 18 
 
 45 
 
 ♦Exception as to shipping articles 
 
 
 4513 
 
 ♦Rules as to list of crew 
 
 
 4575 
 
 50 
 
 ♦Entries in log-book 
 
 
 4290 
 
 160 
 
 APRIL 5, 1882— 
 
 
 
 
 License fees 
 
 
 4458 
 
 26 
 
 AUGUST 2, 1882— 
 
 
 
 
 ♦Visiting passengers' quarters 
 
 7 
 
 (Rep.) 4275 
 4276 
 4277 
 
 143 
 
 
 
 
 AUGUST 5, 1882— 
 
 
 
 
 Forecastle space 
 
 
 (Am.) 4153 
 
 64 
 
 JUNE 26, 1884— 
 
 
 
 
 (Dingley Act.) 
 
 
 
 7 
 96 
 
 Officers shall be citizens 
 
 1 
 
 4131 
 
 ♦Extra wages on discharge 
 
 2 
 
 4580 
 
 When extra wages may be re- 
 
 3 
 
 4583 
 
 99 
 
 mitted 
 
 
 
 
 Discharge of seaman on account 
 
 4 
 
 4561 
 
 79 
 
 of unseaworthiness 
 
 
 
 98 
 
 Extra wages on discharge in case 
 
 5 
 
 4582 
 
 of sale 
 Reclamation and discharge of de- 
 
 6 
 
 4600 
 
 116 
 
 serters by consular officer 
 
 
 
 96 
 
 Penalty for neglect to collect 
 
 7 
 
 4581 
 
 extra wages 
 
 
 
 
 Disposal of extra wages 
 
 8 
 
 (Rep.) 4584 
 
 26 
 
 ♦Penalty for refusal to receive 
 
 9 
 
 (Am.) 4578 
 
 101 
 
 seamen 
 
 
 
 59 
 
 158 
 
 93 
 
 Advance abolished 
 
 10 
 
 
 ♦Slop chest 
 
 ♦Fets allowed for official services 
 
 11 
 12 
 
 
 ♦Copies of receipts of consular 
 
 13 
 
 4213 
 
 94 
 
 fees, etc. 
 ♦Hospital dues abolished 
 
 15 
 
 (Rep.) 4.585 
 4586 
 4587 
 
 154 
 
198 
 
 THE SEAMAN S CONTRACT. 
 
 TABLE II— (Continued.) 
 
 Date of Orig-inal Enactment 
 
 Sec. 
 of 
 Act 
 
 Section of 
 Rev. Stats. 
 
 Page 
 This 
 Vol. 
 
 ^Limitation of liability 
 
 18 
 
 
 ISO 
 
 *Shipment in United States for 
 
 19 
 
 
 46 
 
 foreign voyage 
 
 
 
 
 ♦Shipment in foreign port for one 
 
 20 
 
 
 46 
 
 or more round trips 
 
 
 
 
 ♦Appointment of shipping com- 
 
 27 
 
 (Am.) 4501 
 
 35 
 
 missioner 
 
 
 
 
 JUNE 19, 1886— 
 
 
 
 
 *Fees abolished 
 
 1 
 
 
 41 
 
 ♦Shipping commissioner may ship 
 
 2 
 
 
 44 
 
 and discharge crews in coast- 
 
 
 
 
 wise trade 
 
 
 
 
 Allotment to original creditor 
 
 3 
 
 
 60 
 
 ♦Liability law extended to canal- 
 
 4 
 
 4289 
 
 151 
 
 boats, etc. 
 
 
 
 
 ♦Whaling and fishing vessels ex- 
 
 13 
 
 
 158 
 
 empted 
 
 
 
 
 ♦Penalty for refusal to receive 
 
 18 
 
 4578 
 
 102 
 
 seamen 
 
 
 
 
 APRIL 4, 1888— 
 
 
 
 
 Penalty for neglect to collect 
 
 3 
 
 4581 
 
 96 
 
 extra wages 
 
 
 
 
 FEBRUARY 9, 1889— 
 
 
 
 
 Seduction (Ren. Mar. 4, 1909, 
 
 
 
 140 
 
 s. 279). 
 
 
 
 
 AUGUST 19, 1890— 
 
 
 
 
 Sections governing shipment and 
 
 
 
 55 
 
 discharge of crews in coasting 
 
 
 
 
 trade in presence of shipping 
 
 
 
 
 commissioner 
 
 
 
 
 SEPTEMBER 4, 1890— 
 
 
 
 
 ♦Jurisdiction (crimes) extended 
 
 
 
 123 
 
 over Great Lakes, etc. 
 
 
 
 
 DECEMBER 22, 1890— 
 
 
 
 
 Ferry-boats, etc. 
 
 
 4426 
 
 12 
 
 MARCH 3, 1891— 
 
 
 
 
 (Postal Subsidy Act.) 
 
 
 
 
 ♦Officers, etc., on vessels in mail 
 
 3,7,8 
 
 
 31 
 
 service 
 
 
 
 
 AUGUST 4, 1894— 
 
 
 
 
 ♦Life-saving crews entitled to 
 
 
 
 156 
 
 benefit of marine hospital 
 
 
 
 
 AUGUST 6, 1894— 
 
 
 
 
 Casting away vessel 
 
 1 
 
 5365 
 
 127 
 
 it it (( 
 
 2, 3 
 
 5366 
 
 128 
 
 FEBRUARY 18, 1895— 
 
 
 
 
 (Maguire Act.) 
 
 
 V 
 
 
 ♦Sections governing shipment and 
 
 
 
 56 
 
 discharge of crews in coasting 
 
 
 
 
 trade in presence of shipping 
 
 
 
 
 commissioner 
 
 
 
 
 MARCH 2, 1895— 
 
 
 
 
 ♦Forecastle space 
 
 1, 3, 
 
 4153 
 
 65 
 
 MAY 28, 1896— 
 
 
 
 ♦Officers shall be citizens 
 
 
 4131 
 
 8 
 
 JANUARY 18, 1897— 
 
 
 
 Ferry-boats, etc. 
 
 
 4426 
 
 12 
 
 MARCH 3, 1897— 
 
 
 
 
 ♦Office of commissioner 
 
 1 
 
 4507 
 
 38 
 
 ♦Forecastle space 
 
 2 
 
 
 66 
 
THE SEAMAN S CONTRACT. 
 
 199 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Section of 
 Rev. Stats. 
 
 *Bonci for return of seamen 3 
 
 ♦Duties of consular officers in 4 
 
 regard to deceased seamen's 
 
 effects 
 ♦Payment of wages in case of 6 
 
 death within the United States 
 ♦'Unclaimed wages and effects 7 
 
 ♦Sections governing shipment and 
 
 discharge of crew in coasting 
 
 trade in presence of shipping 
 
 commissioner 
 Maltreatment of crew 18 
 
 ♦Stipulations in shippin.g articles 19 
 
 DECEMBER 21, 1898— 
 (White Act.) I 
 
 Lost seamen may be replaced 1 
 
 ♦Penalty for omitting to begin 2 
 
 voyage 
 
 ♦Termination of voyage by loss 3 
 
 of vessel 
 
 Time for payment 4 
 
 Payment of wages at ports, etc. 5 
 
 ♦Libel for wages 6 
 
 ♦Complaint that vessel is unsea- 7 
 
 worthy 
 ♦Proceedings upon examination 8 
 
 of vessel 
 ♦Penalty for refusal to proceed 9 
 
 when vessel found seaworthy 
 Appointment of inspectors by 10 
 
 consul in foreign port 
 ♦Discharge of seamen on account 11 
 
 of unseaworthiness 
 ♦Compensation for shortage of 12 
 
 provisions 
 ♦Forfeiture for false complaint 13 
 
 ♦Allowance for reduction of pro- 14 
 
 visions 
 ♦Warm room in all trades 15 
 
 ♦Penalty for neglect to collect 16 
 
 extra wages 
 ♦Extra wages on discharge in 17 
 
 case of sale 
 ♦\\'hen extra wages may be re- 18 
 
 mitted 
 Various offenses by seamen; pen- 19 
 alties 
 ♦Entry of ofifense in log-book 20 
 
 Reclama.tion and discharge of de- 21 
 
 serters by consular officers 
 Flogging abolished 22 
 
 ♦Scale of provisions to be allowed 23 
 
 Advance and allotment 24 
 
 Allotment to original creditor 
 Sections repealed. (See notes un- 
 der sections above.) 
 DECEMBER 21, 1898— 
 
 Licenses of officers. 1 
 
 ♦License of captain 2 
 
 ♦License of chief mate 3 
 
 (Am.) 4.S76 
 4.S41 
 
 4542 
 4S4S 
 
 5347 
 
 ♦(Ren. Mar. 4, 1909, s. 291) 
 (Am.) 4511 
 
 4516 
 4S22 
 
 4326 
 
 4529 
 4530 
 4547 
 4556 
 
 4S57 
 
 4558 
 
 4559 
 
 4561 
 
 4564 
 
 4566 
 4568 
 
 4572 
 4581 
 
 4582 
 
 4583 
 
 4596 
 
 4597 
 4600 
 
 4611 
 4612 
 
 4438 
 4439 
 4440 
 
200 
 
 THE SEAMAN S CONTRACT. 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Sec. 
 of 
 Act 
 
 Section of 
 Rev. Stats. 
 
 FEBRUARY 14, 1900— 
 
 ♦Entries in log-book 
 MARCH 23, 1900— 
 
 *Oath of licensed officers 
 FEBRUARY 14, 1902— 
 
 Selling arms, liquors, etc., to 
 Pacific islanders 
 JANUARY 21, 1903— 
 
 ♦Exemption from militia duty 
 APRIL 11, 1904— 
 
 ♦Attachment of clothing prohibited 
 APRIL 13, 1904— 
 ♦Penalty for soliciting seamen as 
 lodgers 
 APRIL 26, 1904— 
 
 Advance and allotment 
 MARCH 3, 1905— 
 
 Officers to assist inspectors 
 Appeal to supervising inspector 
 ♦Repeal of appropriation from 
 tonnage tax 
 APRIL 26, 1906— 
 
 ♦Bond and oath of commissioner 
 MAY 16, 1906— 
 
 ♦Ferry-boats, etc. 
 JUNE 28, 1906— 
 
 Shanghaiing prohibited 
 JANUARY 25, 1907— 
 Licenses of officers 
 FEBRUARY 19, 1907— 
 
 ♦Licenses to be exhibited 
 MARCH 2, 1907— 
 
 Shanghaiing prohibited 
 APRIL 2, 1908— 
 
 Officers and crew of passenger 
 steamers 
 MAY 28, 1908— 
 
 ♦Licenses of officers 
 MARCH 4, 1909— 
 ♦Shanghaiing described 
 ♦Places and waters applicable 
 
 (crimes) 
 ♦"Murder" defined 
 ♦Carnal and unlawful knowledge 
 of females under sixteen 
 ♦Selling arms, liquor, etc., to Pa- 
 cific Islanders 
 ♦"Vessel of United States" de- 
 fined 
 Repeals and re-enactments. (See 
 notes in parentheses under sec- 
 tions above.) 
 JUNE 9, 1910— 
 
 ♦Ferry-boats, etc. 
 JUNE 24, 1910— 
 ♦Radio apparatus and operators 
 required 
 MARCH 3, 1911— 
 ♦Offenses begun in one district 
 and completed in another 
 
 ,2,3, 
 2 
 
 82 
 272 
 
 273 
 279 
 
 308, 
 309 
 310 
 
 42,43 
 
 (Am.) 4290 
 4445 
 
 1629 
 
 4607 
 
 4449 
 4452 
 
 4502 
 4426 
 
 4438 
 4446 
 
 4463 
 4438 
 
 4426 
 
 124 
 
THE SEAMAN S CONTRACT. 
 
 201 
 
 TABLE II— (Continued.) 
 
 Date of Original Enactment 
 
 Section of 
 Rev. Stats, 
 
 Pase 
 This 
 Vol. 
 
 JULY 23, 1912— 
 
 *Radio apparatus and operators 
 requirea 
 AUGUST 1, 1912— 
 *Right to salvage not affected by- 
 joint ownership of vessels 
 AUGUST 13, 1912— 
 *Radio apparatus and operators 
 required 
 MARCH 3, 1913— 
 (Hardy Act.) 
 
 ♦Officers and crew of passenger 
 steamers 
 AUGUST 18, 1914— 
 (Ship Registry Act.) 
 *Suspension of requirement of cit- 
 izenship of officers 
 OCTOBER 22, 1914— 
 
 ♦Officers shall be citizens 
 MARCH 3, 1915— 
 *Officers to assist inspectors 
 * " " '■ " 
 
 MARCH 4. 1915— 
 
 (Seamen's Act.) 
 
 '■'Lost seamen may be replaced 
 
 *\\'atch-and-vi'atch, holidays, work- 
 day 
 
 *Time for payment 
 
 ♦Payment of wages at ports, etc. 
 
 ♦Appointment of inspectors by 
 consul in foreign port 
 
 ♦Forecastle space 
 
 ♦Various offenses by seamen; 
 penalties 
 
 ♦Reclamation and discharge of 
 deserters by consular officers 
 
 ♦Flogging abolished 
 
 ♦Scale of provisions to be al- 
 lowed 
 
 ♦Advance and allotment 
 
 ♦No attachment or assignment of 
 wages 
 
 ♦Qualifications of seamen 
 
 ♦Certificated lifeboatmen 
 
 ♦Accidents to tow-barges 
 
 ♦Abrogation of treaties 
 
 ♦Commitment and discharge 
 
 ♦Arrest of deserting seamen from 
 foreign vessels 
 
 ♦Date .of taking effect 
 
 ♦Penalty for neglect to collect 
 extra wages 
 
 ♦Officers not fellow-servants 
 JULY 1, 1916— 
 
 Suits by seamen 
 AUGUST 21, 1916— 
 
 ♦Canal Zone in foreign trade 
 MAY 9, 1918— 
 
 ♦Naturalization of seamen 
 
 9 
 10 
 
 11 
 
 12 
 
 13 
 14 
 15 
 16 
 17 
 
 18 
 19 
 
 20 
 
 (Am.) 4463 
 
 4131 
 
 4448 
 4449 
 
 4S16 
 
 4529 
 4530 
 4559 
 
 4596 
 
 4600 
 
 4611 
 4612 
 
 (Rep.) 4536 
 
 4081 
 5280 
 
 (Am.) 4581 
 
 (Rep.) 2174 
 
 166 
 152 
 167 
 
 28 
 
 31 
 
 22 
 22 
 
 33 
 168 
 
 83 
 85 
 78 
 
 67 
 113 
 
 117 
 
 150 
 74 
 
 63 
 
 85 
 
 33 
 
 28 
 144 
 163 
 109 
 109 
 
 163 
 97 
 
 162 
 
 91 
 
 57 
 
 S 
 
202 
 
 THE SE.\MAN'S contract. 
 
 TABLE I] 
 
 —(Concluded.) 
 
 
 Date of Original Enactment 
 
 Sec. 
 of 
 Act 
 
 Section of 
 Rev. Stats. 
 
 Page 
 This 
 Vol. 
 
 MAY 11, 1918— 
 
 ♦Officers and crew of passenger 
 steamers . 
 JUNE 10, 1918— 
 
 *Appeal to supervising inspector 
 JULY 1, 1918— 
 
 *Suits by seamen 
 
 
 (Am.) 4463 
 (Rep.) 44S2 
 
 28 
 
 23 
 91 
 
THE seaman's coxtract. 20.- 
 
 APPENDIX 
 
 A REVIEW OF THE PRINCIPAL SUP.jECTS OF 
 LEGISLATION, 1790-1918. 
 
 SHOWING THE DEVELOPMENT OF THE LAW FROM THE DATE OF ORIGINAL 
 
 ENACTMENT, THROUGH SOCCESSIVE AMENDMENTS, 
 
 TO THE PRESENT TIME. 
 
 CITIZENSHIP OF SEAMEN. 
 
 The act of Dec. 31, 1792, sec. 1 (S. L. 1, p. 287), provided that 
 vessels should not continue to enjoy the benefits and privileges of 
 American registry "longer than they shall continue to be wholly 
 owned, and to be commanded by a citizen or citizens of said 
 States." 
 
 The act of Mar. 3, 1813 (S. L. 2, p. 809), provided that from and 
 after the termination of the war with Great Britain "it shall not 
 be lawful to employ on board any of the public or private vessels 
 of the United States any person or persons except citizens of the 
 United States, or persons of color, natives of the United States." 
 The same act provided that naturalized citizens, before engagement 
 on any vessel, should produce their certificates of naturalization, 
 and granted permission to shipmasters, while in a foreign port, to 
 emplov subjects of such foreign country for the purpose of supply- 
 ing any deficiency of seamen on board. 
 
 The act of ]Mar. 1, 1817 (S. L. 3, p. 351), provided that the boun- 
 ties granted vessels engaged in the fisheries should be paid "only 
 on boats or vessels, the officers and at least three-fourths of the 
 crew of which shall be ''■' * * citizens of the United States" ; 
 reduced the tonnage duty payable on American vessels entering 
 ports of the United States in the coastwise trade, from fifty cents 
 to six cents per ton, in case of vessels manned as above stated, and 
 imposed a tonnage tax of fifty cents per ton upon all American 
 vessels entered in the United States from a foreign port, "unless 
 the officers and at least two-thirds of the crew shall be proved citi- 
 zens of the United States, or persons not subject to any foreign 
 prince or state." 
 
 The act of May 31, 1830 fS. L. 4, p. 425), abolished the require- 
 ment of tonnage duties on American vessels, ''of which the officers 
 and two-thirds of the crew shall be citizens of the LTnited States." 
 
 The act of June 26, 1848 (S. L. 9, p. 240), repealed the provision 
 of the act of March 3, 1813, requiring that seamen must reside in 
 
204 THE seaman's contract. 
 
 the United States continuously for five years before being admitted 
 to become citizens of the United States. 
 
 The act of June 28, 1864 (S. L. 13, p. 201), repealed the citizen- 
 ship requirements contained in the acts of Mar. 3, 1813, Mar. 1, 
 1817, and May 31, 1830. The same act provided, however, that 
 "officers of vessels of the United States shall in all cases be citizens 
 of the United States." 
 
 The act of June 7, 1872, sec. 29 (S. L. 17, p. 268), provided that 
 every seaman who declares his intention may be admitted to citi- 
 zenship upon proof of three years' service in American vessels 
 subsequent to the date of declaration. The act of May 9, 1918, re- 
 enacted the law to practically the same effect as above stated (p. 5). 
 
 The act of March 3, 1891 (commonly called the Postal Subsidy 
 Act), sees. 3, 7, 8 (S. L. 26, p. 831), provided that in vessels em- 
 ployed in the mail service under the provisions of said act the 
 following proportion of the crew shall be citizens of the United 
 States, to-wit : During the first two years of the contract for carry- 
 ing the mails, one-fourth thereof; during the next three succeeding 
 3-ears, one-third thereof, and during the remaining term of the 
 continuance of the contract at least one-half thereof. Said vessels 
 are also required to carry, as cadets or apprentices, one American- 
 born boy under twenty-one years of age for each one thousand tons 
 gross register, and one for each majority fraction thereof, "who 
 shall be educated in the duties of seamanship, rank as petty officers, 
 and receive such pay for their services as may be reasonable." The 
 same act provided that officers of the United States Navy may 
 volunteer for service on said mail vessels (p. 31). 
 
 The provisions of the last-mentioned act contain the only re- 
 quirement as to citizenship of seamen now employed on American 
 vessels, as distinguished from the requirement that officers shall in 
 all cases be citizens of the United States. 
 
 THE FIRST GENERAL LAW. 
 
 The first law enacted by Congress for the regulation of the rela- 
 tions between seamen and' their employers was passed on July 20, 
 1790, and became effective on December 1 of that year. Its pro- 
 visions included, among others, the requirement of a written agree- 
 ment (Shipping Articles), rules for the payment of wages, survey 
 of vessel, offenses and punishments, medicines and lime-juice, and 
 Scale of Provisions. 
 
 Shipping Articles. 
 
 The act of July 20, 1790 (sec. 1), provided that an agreement in 
 writing or in print should be made in all trades, foreign and coast- 
 
THE seaman's contract. 205 
 
 wise, except trade between ports in adjoining States. The law 
 remained in this form until the passage of the act of June 7, 1872 
 (sec. 12, R. S. 4511, p. 42). Thac measure originally provided that 
 the requirement of a written agreement should not be applicable 
 to vessels in the coastwise trade, except trade between ports on 
 the Atlantic and Pacific. The amendment of January 15, 1873 
 (p. 43), extended this exemption to the trade between the United 
 States and near-by foreign countries, i. e., Canada, the West Indies, 
 and Mexico. The amendment of June 9, 1874 (p. 43), provided that 
 none of the provisions of the act of June 7, 1872, should apply in 
 the exempted trades. (See also "Shipping Commissioner's Act.") 
 
 Notwithstanding the exemptions above noted, as to certain fea- 
 tures of the law applicable to seamen engaged in the presence of 
 a shipping commissioner, the requirement of a written agreement 
 in the coastwise, as in all other trades, except in trade between 
 adjoining States, declaring the voyage and term of time for which 
 the seaman was shipped, continued in force, as originally enacted 
 by the law of 1790, and was later re-enacted by R. S. 4520-4522 
 (pp. 47, 48). These sections, in addition to those of general appli- 
 cability, constitute the present law governing seamen in the coast- 
 wise trade when agreements are made directly with the master, 
 without going before a shipping commissioner. 
 
 Payment of Wages. 
 
 The act of 1790 (sec. 4) provided that no sum exceeding one 
 dollar should be recoverable from any seaman during the time of 
 his employment (R. S. 4537, p. 86) ; that every seaman should -be 
 entitled to receive one-third of the wages due him at every port 
 of discharge during the voyage, "unless the contrary be expressly 
 stipulated in the contract" (R. S. 4530, p. 84) ; that wages should 
 be payable in full immediately upon completion of the voyage 
 (R. S. 4529, .p. 82), and that the seaman should have summary 
 process in- case his wages were not paid within ten days after his 
 discharge from the vessel (R. S. 4546, 4547, p. 86). 
 
 The act of June 7, 1872 (sec. 21), provided that a seaman dis- 
 charged without fault on his own part before the commencement 
 of the voyage or before one month's wages are earned should be 
 entitled to one month's extra wages (R. S. 4527, p. 82) ; that the 
 right to wages should commence at the time the seaman com- 
 mences work or at the time agreed upon to commence work, which- 
 ever first happens (R. S. 4524, p. 81) ; that the right to wages 
 should not be dependent on the earning of freight by the ship 
 (R. S. 4525, p. 81) : that wages should cease at the time of wreck 
 (R. S. 4526, p. 81). 
 
206 THE seaman's contract. 
 
 Section 35 of the same act provided that wages should be pay- 
 able in full within two days after the termination of the voyage, in 
 the coastwise trade, and within three days after the cargo has been 
 discharged or within five days after the seaman's discharge, which^ 
 ever first happens, in the foreign trade ; and in all cases the seaman 
 shall be entitled to one-fourth of his wages at the time of his dis- 
 charge, under penalty of payment to the seaman of a sum not 
 exceeding the amount of two days' pay for each day, not exceeding 
 ten days, during which payment in full is delayed (R. S. 4529, 
 p. 82). Section 61 provided that no wages due or accruing to any 
 seaman should be subject to attachment (R. S. 4536, p. 85). 
 
 The only changes made in the law as above stated are as fol- 
 lows: The act of Dec. 21, 1898 (sec. 3, p. 81), provided that ship- 
 wrecked seamen should be treated and transported to the United 
 States as destitute seamen, in accordance with R. S. 4577, 4578 and 
 4579, pp. 100, 102. The same act (sec. 4) provided that wages 
 should be payable in full within two daysj in the coastwise trade, 
 and within twenty-four hours after the cargo is discharged or four 
 days after the seaman is discharged, whichever first happens, in 
 the foreign trade, under penalty, of one day's pay for each day's 
 delay, without limit (R. S. 4529, p. 83). The same act (aec. 5) pro- 
 vided that the seaman should receive one-half of the wages due 
 him at every port of lading or discharge during the voyage, "unless 
 the contrary be expressly Stipulated in the contract" (R. S. 4530, 
 p. 84). 
 
 The act of March 4,. 1915 (sec. 3, p. 83), amended R. S. 4529 by 
 increasing the penalty for delay in payment of wages from one 
 day's pay to two days' pay for each day's delay, without limit ; 
 amended R. S. 4530 (p. 85)- by providing that the seaman shall be 
 entitled to one-half of the wages which he shall have then earned 
 at every port of lading and discharge during the voyage, "and all 
 stipulations in the contract to the contrary shall be void" : repealed 
 R. S. 4536 and substituted therefor a provision that the wages of 
 seamen and fishermen shall be exempt from attachment, except for 
 the support of wife and minor children (p. 85). (Seealso "Seamen's 
 Act") 
 
 The act of July 1, 1916 (sec. 1, Judicial), as amended July 1, 
 1918, provided that in seamen's suits for the recovery of wages, 
 etc., no bonds or prepayment of fees shall be required (p. 91). 
 
 Survey of Vessel. 
 
 The act of July 20, 1790 (sec. 3), provided that a survey shall be 
 held on any vessel bound to a foreign port (and before the vessel 
 shall have left the land) upon demand of the mate and a majority 
 
THE SEAMAXS CONTRACT. 207 
 
 of the crew. In event the vessel were found seaworthy the seamen 
 were bound to pay the expenses of the survey and proceed upon the 
 voyage, under pain of imprisonment until they shall ha^•e paid 
 double the sum advanced at the time of signing .Vrticles, together 
 with costs (R. S. 4556, 4557, 4558, pp. 74, 'T). 
 
 The act of July 20, 1840 (sec. 12), provided for survey in a 
 foreign port upon demand of the first officer, or any. officer, and a 
 majority of the crew. In the case of a vessel sent to sea unsuitably 
 provided by neglect or design, the crew shall be discharged and 
 receive three months' extra- wages. In event of the master's failure 
 to remedy the cause of complaint, the crew shall, upon their re- 
 quest, be discharged, and receive each one month's extra wages 
 (R. S. 4559, p. 77). 
 
 The act of July 29, 1850 (sec. 6), provided that all complaints of 
 unseaworthiness shall be signed by the first, or the second and 
 third officers, and a majority of the crew, before the consul shall 
 be authorized to appoint inspectors (R. S. 4559, p. 77'). 
 
 The act of June 26, 1884 (sec. 4), reduced the amount of extra 
 wages payable in case of a vessel sent to sea unsuitably provided, 
 by neglect or design, from three months' wages to one month's 
 wages, and abolished the right of discharge, with one month's extra 
 wages, in case of the seamen's refusal to proceed on the voyage 
 (r' S. 4561, p. 79). 
 
 The act of Dec. 21, 1898 (White Act), amended the then-existing 
 law, as follows : Section 7 provided that a survey may be called in 
 a domestic port, on any vessel bound on any voyage, by the first 
 and second officers, or a majority of the crew (R. S. 4556, p. 75). 
 Section 8 provided that when, in a domestic port, complaint is 
 made about the provisions, one of the surveyors shall be a surgeon 
 of the Public Health Service (R. S. 4557, p. 76). Section 9 provided 
 that any seaman who refuses to proceed on the voyage, after repairs 
 have been made, shall forfeit the wages due him (R. S. 4558, p. 77). 
 Section 10 provided that a survey may be called on any vessel in 
 a foreign port, upon complaint in writing, signed by the first or 
 second officer and a majority of the crew (R. S. 4559, p. 78). Sec- 
 tion 11 provided that seamen discharged on account of unsea- 
 worthiness, due to neglect or design, shall receive one month's extra 
 wages, or sufficient money for their return to the I'nited States, or 
 be provided with employment on a ship agreed to by them (R. S. 
 4561, p. 80). 
 
 The act of March 4, 1915 (sec. 5), provided that a survey may 
 be called on any vessel in a foreign port upon complaint in writing. 
 
208 THE seaman's contract. 
 
 signed by the first and second officers or a majority of the crew 
 R. S. 4559, p. 78). (See also "Seamen's Act.") 
 
 Offenses and Punishments. 
 
 The act of July 20, 1790 (sec. 5), provided that if a seaman shall 
 absent himself without leave of the master for less than forty-eight 
 hours he shall forfeit three days' pay for each day's absence; if 
 absent for more than forty-eight hours he shall forfeit to the owners 
 of the vessel all the wages due him and effects on board or ashore 
 and be liable for damages for the expense of hiring other seamen. 
 The same act (sec. 7) provided that a seaman who shall desert, or 
 absent himself without leave of the master, shall be arrested and 
 imprisoned, there to remain until the vessel shall be ready to pro- 
 ceed on her voyage, all expenses to be deducted from the wages 
 of the seaman (R. S. 4598, p. 115). 
 
 The act of March 2, 1829, provided for the arrest of seamen 
 deserting from foreign vessels in ports of the United States, upon 
 application of the consul of any government having a treaty with 
 the United States to that effect. Seamen citizens of the United 
 States were exempt from this penalty, and no seaman could be 
 detained more than two months after his arrest (R. S. 5280, p. 120). 
 
 The act of July 20, 1840 (sec. 17), provided that in case of de- 
 sertion caused by unusual or cruel treatment, the seaman shall be 
 discharged and receive three months' extra pay (R. S. 4600, p. 116). 
 
 The act of Aug. 18, 1856 (sec. 25), provided that all wages for- 
 feited by deserting seamen, less the amount of expenses incurred 
 by desertion, shall become the property of the United States (R. S. 
 4604, p. 118). 
 
 The act of June 7, 1872 (sees. 51-55), enumerated certain offenses 
 and prescribed the penalties therefor (R. S. 4596, 4602, pp. 110, 118). 
 
 The act of Dec. 21, 1898 (sec. 19), defined the words "domestic 
 trade," for the purposes of that section, as including trade between 
 ports of the United States and Canada, Newfoundland, the West 
 Indies, and Mexico, and the words "foreign trade" as including 
 trade between the United States and foreign ports (except as above 
 specified), and trade between Atlantic and Pacific ports of the 
 United States. By the same act a distinction was made between 
 the penalties imposed for certain offenses when committed in the 
 domestic or foreign trade. (See also "White Act.") 
 
 The act of March 4, 1915 (sec. 7), abolished the distinction 
 above noted and also abolished the penalty of imprisonment for 
 desertion in foreign ports. The same act repealed the treaty pro- 
 visions for the arrest of seamen deserting from foreign vessels in 
 ports of the United States. (See also "Seamen's Act.") 
 
THE seaman's contract. 209 
 
 Medicines, Lime-Jmce, Slop-Chest. 
 
 The act of July 20, 1790 (sec. 8), provided that every ship, of 
 one hundred and fifty, tons or upwards navigated by ten or more 
 persons in the whole, and bound on a voyage without the limits of 
 the United States, shall be provided with a chest of medicines, the 
 same to be, examined every year and renewed. In default of having 
 such medicine-chest, the master shall provide and pay for all 
 advice, medicine, or attendance of physicians as any of the crew 
 shall stand in need of in case of sickness. 
 
 The act of I\Iarch 2, 1805, extended the provisions of the former 
 act to all vessels of seventy-five tons or upwards, navigated with 
 six persons or more, in the whole, and bound from the United 
 States to any port or ports in the West Indies. 
 
 The act of June 7, 1872 (sec. 40), provided that every ship bound 
 to a foreign port, and everj^ vessel of seventy-five tons or upwards 
 bound from a port on the Atlantic to a port on the Pacific, or 
 vice versa, shall be provided with a chest of medicines. 
 
 The same act provided that every sailing ship bound across the 
 Atlantic or Pacific ocean, or around Cape Horn, or the Cape of 
 Good Hope, or engaged in the whale or other fisheries, or in seal- 
 ing, shall also be provided with a sufficient quantity of lime or 
 lemon-juice, and also sugar and vinegar, to be served to every 
 seaman at stated times and in stated quantities, under penalty 
 (sec. 41) of a fine not exceeding $500 for failure to keep these 
 articles on board, and a fine not exceeding $100 for failure to serve 
 lime-juice. (See R. S. 4569, 4570, pp. 157, 158.) 
 
 The same act (sec. 42) provided that every vessel bound on any 
 foreign voyage shall also be provided with at least one suit of 
 woolen clothing for each seaman, and shall also be provided with 
 fuel and a safe and suitable room in which a fire can be kept for 
 the use of seamen (R. S. 4572, p. 159). 
 
 The act of June 26, 1884 (sec. 11), provided that every vessel 
 in the foreign trade should be provided with a slop-chest, which 
 should contain, in addition to clothing, a full supply of tobacco 
 and blankets, and that all articles should be sold at a profit not 
 exceeding ten per centum, under penalty of not more than five 
 hundred dollars (p. 158). 
 
 The same act exempted from these provisions vessels plying 
 between the United States and Canada, Newfoundland, the Ber- 
 muda Islands, the Bahama Islands, the A\'est Indies, Mexico, and 
 Central America (p. 158). 
 
 The act of June 19, 1886 (sec. 13), amended the foregoing act 
 
210 THE seaman's contract. 
 
 by exempting from its provisions vessels engaged in the whaling 
 or fishing business (p. 158). 
 
 The act of Dec. 21, 1898 (sec. 15), provided that every vessel 
 bound on any foreign voyage exceeding in length fourteen days 
 shall also be provided with at least one suit of woolen clothing 
 for each seaman, and every vessel in the foreign or domestic trade 
 shall provide a safe and warm room for the use of seamen m cold 
 weather, under penalty of not less than one hundred dollars. This 
 section is not applicable to fishing or whaling vessels or yachts 
 (R. S. 4572, p. 159). 
 
 Scale of Provisions. 
 
 The act of July 20, 1790 (sec. 9), provided that every ship 
 bound across the Atlantic shall have on board at least sixty gallons 
 of water, one hundred pounds of salted fresh meat, and one hun- 
 dred pounds of wholesome ship-bread for every person on board, 
 and in like proportion for shorter or longer voyages. In case the 
 crew shall be put upon short allowance of water, flesh or bread, 
 the master shall pay to each of the crew one day's wages for every 
 day they shall be put to short allowance (R. S. 4564, p. 68). 
 
 The act of June 7, 1872 (sec. 65), provided a "Scale of Pro- 
 visions," setting forth the respective articles of food and the quanti- 
 ties of each to be served each seaman on each day of the week 
 (R. S. 4612, p. 72). 
 
 The same act (sees. 36, 37, 38, 39 and 42, R. S. 4565, 4566, 4567, 
 4568 and 4571), set forth the manner of making complaint of short- 
 age or bad quality of food, survey of food, rate of compensation 
 for shortage or bad quality of food, and provided that every master 
 shall keep on board proper weights and measures, under penalty 
 not exceeding fifty dollars (pp. 69-72). 
 
 The act of Dec. 21, 1898 (sec. 12), provided that should any 
 master or owner of any merchant vessel neglect to provide a suffi- 
 cient quantity of stores to last for a voyage of ordinary duration 
 and in consequence the crew are compelled to accept a reduced 
 scale, such master or owner shall be liable to the penalty named 
 in R. S. 4568 (R. S. 4564, p. 69). 
 
 The same act (sec. 23) materiall)- increased the number and 
 quantity of articles of food contained in the Scale of Provisions 
 (R. S. 4612, p. 73). 
 
 The act of ]March 4, 1913 (sec. 10), amended the foregoing act 
 as follows : Increased the daily allowance of water from four quarts 
 to five quarts, and increased the daily allowance of butter from one 
 ounce to two ounces (p. 74). (See also "Seamen's Act.") 
 
THE seaman's contract. 211 
 
 LICENSED OFFICERS. 
 
 (Sec also "A\'hite Act" and "Hardy Act.") 
 
 The first act on the subject of licensed officers was that of Aug. 
 7, 178'^. providing that pilots should continue to be regulated by 
 State laws, until further provided by Congress. 
 
 The act of Dec. 31, 1792 (sec. 1), provided that vessels of the 
 United States shall be commanded h\ a citizen of the United States 
 (R. S. 4131, p. 7). 
 
 The act of July 7, 1838, required that licensed steamboats should 
 employ a competent number of experienced and skillful engineers. 
 
 The act of Aug. 30, 18.^2, provided that the Inspectors shall 
 license and classify all engineers and pilots of steamers carrying 
 passengers. The same act regulated the manner of examining and 
 licensing engineers and pilots, revocation of licenses, and other 
 details. ^ 
 
 The act of June 8, 1864, prescribed a license fee of ten dollars, 
 and provided tiiat all engineers and pilots of ferry-boats, tug-boats, 
 towing-boats, or canal boats subject to inspection shall be classified 
 and licensed. 
 
 The act of July 13, 1866, provided that no regulations shall be 
 adopted by any State which shall make discrimination in the rate 
 of pilotage between vessels sailing between the ports of one State 
 and vessels sailing between the ports of different States. 
 
 The act of July 25, 1866, provided that any engineer or pilot 
 who shall to the hindrance of commerce, wrongfully or unreason- 
 ably refuse to serve as such shall forfeit to the party aggrieved 
 thereby the sum of three hundred dollars and his license shall be 
 revoked. 
 
 The act of Feb. 28, 1871 (sec. 71), repealed all the foregoing acts, 
 except those of Dec. 31, 1792, and July 13, 1866, and re-enacted 
 the law governing licensed officers, as follows: 
 
 Sec. 14. Inspectors shall license and classify the captains, chief 
 mates, engineers, and pilots of all steam vessels, and no steamer 
 carrying passengers shall depart from any port unless she shall 
 have in her ser\'ice a full complement of officers and crew sufficient 
 at all times to manage the vessel, including the proper number of 
 watchmen (R. S. 4438, 4463, pp. 15-27). 
 
 Sees. 15-18. Qualifications of master, chief mate, engineer, and 
 pilot (R. S. 4439-4442, pp. 16-19). 
 
 .Sec. 18 (cont'd). Master or mate acting as pilot shall not be 
 required to hold two licenses (R. S. 4443, p. 19). 
 
 Sec. 18 (cont'd). License must be displayed (R. S. 4446, p. 20). 
 Sec. 19. Revocation of licenses (R. S. 4450, p. 23). 
 
212 THE seaman's contract. 
 
 Sec. 20. Appeal from verdict of Local Inspectors (R. S. 4452, 
 p. 23). 
 
 Sec. 21. Inspectors of one district shall not annul the doings of 
 Inspectors of another district (R. S. 4455, p. 26). 
 
 Sec. 24. Masters, engineers, mates, and pilots shall give the 
 Inspectors all the information in their power in regard to the vessel 
 and her machinery (R. S. 4406, p. 11). 
 
 Sec. 25. The Supervising Inspector shall report to the Local 
 Board the failure of any master, mate, engineer, pilot, or owner 
 to perform his duty, and if need be cause the offending party to 
 be prosecuted. He shall also report the failure of the Local Board 
 to do its duty, to the Secretary of the Treasury, who if he deems 
 the cause sufficient, shall remove the delinquent (R. S. 4407, p. 11). 
 Sec. 29. Penalty for failure to observe the Rules of the Road 
 (R. S. 4413, p. 11). 
 
 Sec. 51. Coastwise and Lake vessels subject to Navigation Laws 
 (R. S. 4401, p. 10). No State or municipal license required by 
 pilots (R. S. 4444, p. 19). 
 
 Sec. 54. Licensed officers shall assist Inspectors (R. S. 4448, 
 p. 21). 
 
 Sec. 55. Penalty for refusal to serve (R. S. 4449, p. 21). 
 Sec. 56. Penalty for perjury (R. S. 4445, p. 20). 
 Sec. 56 (cont'd). Renewal of license (R. S. 4447, p. 21). 
 Sec. 57. Penalty for misconduct (R. S. 5344, p. 30). 
 Sec. 58. , Ferry-boats, canal-boats, yachts, or other small craft 
 of like character, propelled by steam, shall not be navigated with- 
 out a licensed engineer and a licensed pilot (R. S. 4426, p. 12). 
 
 Sec. 59. Officers of tug-boats, towing-boats, and freight boats 
 shall be licensed and subject to the same law as officers navigating 
 passenger steamers (R. S. 4427, p. 15). 
 
 Sec. 60. Every captain, chief engineer and first-class pilot shall 
 pay a license fee of ten dollars ; every chief mate, engineer, and 
 pilot of an inferior grade shall pay a license fee of five dollars 
 (R. S. 4458, p. 26). 
 
 Sec. 61. Penalty for violation of law, five hundred dollars, one- 
 half for the use of the informer. 
 
 The act of April 17, 1874, provided that any alien who has de- 
 clared his intention of becoming a citizen of the United "States, and 
 who shall have been a resident of the United States for at least 
 six months, may be licensed to serve as engineer or pilot of any 
 vessel (p. 170). 
 
 The act of Feb. 27, 1877, provided that any vessel any officer of 
 
THE seaman's contract. 213 
 
 which shall not be a citizen of the United States shall pay a tax 
 of fifty cents per ton (R. S. 4219, p. 10). 
 
 The act of April 5, 1882, amended R. S. 4458 to the effect that 
 each master, engineer, pilot, and mate shall pay a license fee of 
 fifty cents (R. S. 4458, p. 26). 
 
 The act of June 26, 1884 (sec. 1), amended R. S. 4131 to the 
 eft'ect that a vacancy occurring among the officers of a vessel in 
 the foreign trade may be supplied by a person not a citizen of the 
 United States until the first return of the vessel to its home port 
 (R. S. 4131, p. 7). 
 
 The act of June 19, 1886 (sec. 1), abolished the payment of fees 
 for licensing officers (p. 41). 
 
 The act of Dec. 22. 1890, amended R. S. 4426 to the effect that 
 in open steam launches of ten tons and under one person may 
 serve in the double capacity of pilot and engineer (R. S. 4426, 
 p. 12). 
 
 The act of ]\larch 3, 1891 (sec. 7), provided that officers of the 
 United States Xavv mav volunteer for service on mail vessels 
 (p. 31). 
 
 The act of May 28, 1896 (sees. 1, 2, 3), amended R. S. 4131, as 
 follows : All officers who shall have charge of a watch, including 
 pilots, shall be citizens of the United States. The word "officers" 
 shall include the chief engineer and each assistant engineer in 
 charge of a watch, and no person shall be qualified to hold a license 
 as commander or watch officer who is not a native-born citizen, or 
 whose naturalization as a citizen shall not have been fully com- 
 pleted. All licenses shall be for a term of five years. Any officer 
 absent from the United States may make application in writing for 
 one renewal of license and the board that originally issued such 
 license shall renew the same for one additional term (R. S. 4131, 
 p. 8). 
 
 The same act (sees. 2, 3) provided that in proceedings for the 
 revocation of license the accused shall be allowed to appear by 
 counsel and to testify in his own behalf (See R. S. 44.S0) ; that no 
 master, mate, pilot, or engineer shall be liable to draft in time of 
 war, except for the performance of duties such as required by his 
 license : that while performing such duties the officer shall be enti- 
 tled to the highest rate of wages paid in the merchant marine for 
 similar services, and that if killed or wounded he or his heirs shall 
 be entitled to all the privileges accorded to soldiers and sailors in 
 the Army and Navy under the pension laws (R. S. 4452, p. 8). 
 
 The act of Jan. 18, 1897, provided that all vessels above fifteen 
 tons, carrying passengers for hire, propelled by gas, fluid, naphtha. 
 
214 THE seaman's contract. 
 
 or electric motors, shall be subject to the provisions of R. S. 4426, 
 and all vessels so propelled, without regard to tonnage or use, shall 
 be subject to the provisions of R. S. .4412, and to so much of 
 R. S. 4233 and 4234 as the Board of Supervising Inspectors shall 
 deem applicable (p. 12). 
 
 The act of Dec. 21, 1898 (sec. 1), provided that the Board of 
 Local Inspectors shall license and classify the masters, chief mates, 
 and second and third .mates, if in charge of a watch, engineers, 
 and pilots of all steam vessels, and the masters and chief mates of 
 sail vessels of over seven hundred tons and all other vessels and 
 barges of over one hundred tons carrying passengers for hire (R. 
 S. 4438, p. 15). 
 
 The same act (sec. 2) amended R. S. 4439 by adding a provision 
 for licensing masters of sail vessels of over seven hundred tons, 
 and increasing the term of all masters' licenses from one year to. 
 five years (R. S. 4439, p. 17). 
 
 The same act (sec. 3) amended R. S. 4440 by adding a provision 
 for licensing chief mates of sail vessels of over seven hundred tons 
 and second and third mates of steam vessels, if in charge of a 
 watch, and mates of river steamers, and increasing the term of all 
 such licenses from one year to five years (R. S. 4440, p. 17). 
 
 The act of March 23, 1900, amended R. S. 4445 by adding a pro- 
 vision for making oath to the application for a license, under 
 penalty of punishment for perjury, and declaring that any master 
 or other holder of a license who shall change the same shall be 
 punished by a fine of not more than five hundred dollars or by 
 imprisonment at hard labor for three years (R. S. 4445, p. 20). 
 
 The act of March 3, 1905 (sec. 5), amended R. S. 4449 by pro- 
 viding that licenses, instead of being revocable for refusal to serve, 
 shall be revoked or suspended (R. S. 4449, p. 22). 
 
 The same act (sec. 6) amended R. S. 4452 by adding a provision 
 that in case of revocation or suspension of license for more than 
 six months the officer whose license is in question may appeal 
 within thirty days to the Supervising Inspector-General, who may 
 revoke, change, or modify the previous decision (R. S. 4452, p. 24). 
 
 The act of May 16, 1906, amended R. S. 4426 by making numer- 
 ous changes in the law governing the navigation of motor boats 
 and other like craft, and the requirements as to licensed officers on 
 such craft (R. S. 4426, p. 13). 
 
 The act of Jan. 25, 1907, amended R. S. 4438 by striking out the 
 requirement of license for chief mate of sail vessels (R. S 4438 
 p. 15). 
 
 The act of Feb. 19, 1907, amended R. S. 4446 by providing that 
 
THE SEL-VJEAN's CONTRACT. 215 
 
 licenses must be displayed on board the vessel ^vithin forty-eight 
 hours after going on duty, and that an officer may be transferred 
 to another vessel of the same owners for a period not exceeding 
 forty-eight hours without the transfer of license to such other 
 vessel (R. S. 4446, p. 21). 
 
 The act of April 2, 1908, amended R. S. 4463 by providing that 
 any vessel shall not be navigated unless she shall have in her ser- 
 vice and on board such complement of licensed officers and crew 
 as may, in the judgment of the Local Inspectors who inspect the 
 vessel, be necessary for her safe navigation. Any vessel deprived 
 of the services of any member of the crew without the consent, 
 fault, or collusion of the master, owner, or other person interested 
 in the vessel, may proceed on her voyage if in the judgment of 
 the master she is sufficiently manned for such voyage. Failure on 
 the part of the master to report in writing such deficiency within 
 twelve hours after arrival of the vessel at her destination is pun- 
 ishable by a fine of fifty dollars. If the vessel shall have been 
 insufficiently manned the master shall be liable to a penalty of 
 one hundred dollars, or in the case of an insufficient number of 
 licensed officers to a penalty of five hundred dollars (R. S. 4463, 
 p. 27). 
 
 The act of r^Iay 28, 1908 (sec. 2), amended R. S. 4438 by striking 
 out the requirement of license for engineers if in charge of a watch, 
 thus making the requirement of license obligatory upon all engi- 
 neers (R. S. 4438, p. 16). 
 
 The act of June 9, 1910 Tsec. 5), provided that all motor boats 
 carrying passengers for hire shall be operated by a person duly 
 licensed for such service by the Local Inspectors. Xo examination 
 shall be required as a condition of obtaining such license. Motor 
 boats shall not be required to carry licensed officers, except as 
 required by this act (p. 14). 
 
 The act of IMarch 3, 1913, amended R. S. 4463 by providing a 
 manning scale for licensed officers (p. 28). (See also "Hardy 
 Act.") 
 
 The act of Aug. 18, 1914, provided that the President of the 
 United States may suspend the requirements of law as to citizen- 
 ship of watch-officers of vessels of the United States in the foreign 
 trade (p. 31). 
 
 The act of Oct. 22, 1914, amended R. S. 4131 by providing certain 
 conditions for the renewal of licenses, especially in the case of 
 applications by officers absent from the United States, It also pro- 
 vided that no license shall be renewed without furnishing a satis- 
 
216 THE seaman's contract. 
 
 factory certificate of examination as to color blindness (R. S. 4131, 
 
 P- 9)- 
 
 The same act made certain clerical additions to the language of 
 
 R. S. 4450 and 4452. 
 
 The act of March 3, 1915 (sec. 1), amended R. S. 4448 by pro- 
 viding that no Inspector or Supervising Inspector receiving infor- 
 mation from a licensed officer as to defects in a vessel shall impart 
 the name of such licensed officer to any person other than his 
 superiors in the Steamboat Inspection Service, under penalty of 
 dismissal from the Service (R. S. 4448, p. 22). 
 
 The same act (sec. 1) amended R. S. 4449 by providing that 
 licenses may be revoked or suspended in case of refusal to perform 
 official duty after having signed Articles or while employed on any 
 vessel (R. S. 4449, p. 23). 
 
 The act of March 4, 1915 (sec. 14), amended R. S. 4463 by pro- 
 viding that the certificate of inspection shall include the number 
 of certificated lifeboatmen, separately stated, as may in the judg- 
 ment of the Local Inspectors vi^ho inspect the vessel be necessary 
 for her safe navigation (p. 28). (See also "Seatnen's Act.") 
 
 The act of June 10, 1918, repealed R. S. 4452 and enacted new 
 regulations governing the suspension or revocation of licenses. 
 Under the provisions of this act, in addition to the right of appeal 
 within thirty days, any Supervising Inspector and the Supervising 
 Inspector-General may upon his own motion review any action of 
 any Board of Local Inspectors (R. S. 4452, p. 25). 
 
 THE SHIPPING COMMISSIONER'S ACT. 
 
 The act of June 7, 1872, commonly called the Shipping Commis- 
 sioner's Act, comprised sixty-eight sections, embodying much of 
 the previously existing law relating to seamen and many additional 
 provisions for the regulation of the relations between seamen, ship- 
 masters, and shipowners. 
 
 The Shipping Commissioner's Act established the office of Ship- 
 ping Commissioner, whose chief duty it should be to supervise all 
 shipping agreements in the trade between ports in the United 
 States and foreign ports, and between ports of the United States 
 on the Atlantic and Pacific coasts, or vice versa (R. S. 4501-4508, 
 pp. 35-39). 
 
 By the act of January 15, 1873, the Shipping Commissioner's Act 
 was amended to the efifect that vessels in the trade between the 
 United States and Canada, the West Indies, and Mexico should 
 be exempt from the rec|uirement that shipping agreements shall be 
 entered into in the presence of a Shipping Commissioner (p. 43). 
 
 On June 9, 1874. the Shipping Commissioner's Act was again 
 
THE seaman's contract. 217 
 
 amended to the effect that none of the provisions of that measure 
 should apply to vessels in the coastwise trade, or in the Lake-going 
 trade, or in trade between the United States and Canada (p. 43). 
 
 As a result of the latter amendment a question arose concerning 
 the legal status of the seamen employed in the coastwise trade. 
 The Shipping Commissioner's Act embraced practically the entire 
 law governing the personal relations between seamen and their 
 employers. Consequent!}- the amendment of 1874, which declared 
 that none of the provisions of that act should apply to seamen 
 employed in the coastwise trade appeared to place the latter en- 
 tirely outside the law. 
 
 Some authorities ha^'c contended that as regards those features 
 of the Shipping Commissioner's Act which were in effect re-enact- 
 ments- of previously-existing law, the amendment of 1874 was 
 without force. In other words, it was contended that the amend- 
 ment referred only to those features of the act of 1872 which were 
 first enacted by that measure. Another bod)^ of opinion held to the 
 literal construction of the amendment of 1874, and insisted that the 
 latter meant exactly what its terms implied, namely, that none of 
 the provisions of the Shipping Commissioner's Act, irrespective of 
 the date of their origin, should apply to seamen in the coastwise 
 trade. 
 
 This difference of opinion has never been definitely resolved by 
 final authority. It would appear, however, from a study of the 
 decisions of the higher courts, including the United States Supreme 
 Court, that the tendency to literal construction predominates. The 
 situation thus created has been almost entirely corrected in the 
 course of subsequent le.gislation, so that to-day all seamen in the 
 coastwise trade are governed by the same law-, whether engaged 
 in the presence of a Shipping Commissioner or directly by the 
 shipmaster. 
 
 By the act of June 19, 1886 (sec. 2), it was provided that seamen 
 employed in the coastwise trade might be engaged in the presence 
 of a Shipping Commissioner, at the request of the master or owner 
 of the vessel, the fees in such case to be one-half the amount pre- 
 scribed in the case of seamen engaged in the foreign trade (p. 44). 
 The same act fsec. 1) abolished the payment of all fees for the 
 shipment and discharge of seamen (p. 41). A later amendment 
 (Auo-ust 19, 1890, p. ?S) provided that when seamen employed in 
 the coastwise trade were engaged in the presence of a Shipping 
 Commissioner, an agreement should be made in the form prescribed 
 by certain sections of the Revised Statutes and that certain other 
 sections should extend to and embrace such seamen. (See also 
 ":\Iaguire Act," and "White Act.") 
 
218 THE seaman's contract. 
 
 THE DINGLEY ACT. 
 
 The act of June 26, 1884 (sec. 10). commonly called the Dingley 
 Act, prohibited the payment of advance wages (theretofore per- 
 mitted under section 17 of the Shipping Commissioner's Act 
 (R. S. 4532, p. 58), and provided that allotment should be payable 
 only to the seaman's wife, mother, or other relative. 
 
 This enactment was designed to correct the generally recognized 
 evil created by the advance system, under which seamen were 
 practically compelled to sign away a large part of their future 
 earnings as a condition of securing employment. Following the 
 abolition of advance and the limitation of allotment to the seaman's 
 relatives the former beneficiaries of the advance system used their 
 power over the seamen to obstruct the shipment of crews; with 
 the result that shipping in many ports was seriously hindered. 
 
 The act of June 19, 1886 (sec. 3), amended the Dingley Act by 
 providing for the payment of allotment to an "original creditor," 
 not exceeding ten dollars per month. The practical effect of this 
 change was to re-establish the advance system in modified form. 
 The allotment, although payable only for "any just debt for board 
 or clothing," was usually paid by the seaman without reference 
 to the amount of his just debts and practically as an arbitrary 
 charge levied upon him by the person who controlled his oply 
 opportunity of securing employment. Again, while the allotment 
 was by law payable only after it had been earned, in practice it 
 was paid "on the capstan head," i. e., immediately the seaman was 
 delivered by his "creditor" on board the vessel. The provisions of 
 this law were made applicable to foreign vessels in ports of the 
 United States. (See also "White Act.") 
 
 Other features of the Dingley Act are as follows : 
 
 Sec. 2. Abolished the payment of three months' extra wages 
 upon discharge in a foreign port upon expiration of the agreement 
 (R. S. 4580, p. 96). 
 
 Sec. 3. Reduced the amount of extra wages payable upon dis- 
 charge in a foreign port on account of violation of agreement or 
 injury of the seaman from three months' to one month's wages 
 (R. S. 4583, p. 99). 
 
 Sec. 4. Reduced the amount of extra wages payable upon dis- 
 charge on account of unseaworthiness from three months' to one 
 month's wages, and abolished the payment of one month's extra 
 wages upon refusal of the seamen to continue the voyao-e (R S 
 4561, p. 79). 
 
 Sec. 5. Reduced the amount of extra wages payable upon dis- 
 
THE seaman's contract. 219 
 
 charge in a foreign port on account of the sale of the vessel from 
 three months' to one month's wages (R. S. 4582, p. 98). 
 
 Sec. 6. Reduced the amount of extra wages payable on account 
 of discharge following desertion on account of illtreatment from 
 three months' to one month's wages (R. S. 4600, p. 116). 
 
 Sec. 7 Provided that the expense of inaintenance and return 
 of seamen to the United States should be paid out of the wages 
 of the seamen (R. S. 4581. p. 96). 
 
 Sec. 9. Increased the amount of compensation to shipowners 
 for transportation of destitute seamen (R. S. 4578, p. 101). 
 
 Sec. 11. Provided that vessels in certain trades should carry a 
 slop-chest (p. 158). 
 
 Sec. 15. Abolished payment by seamen of Hospital Ta.x and 
 provided that the expense of maintaining the 3,Iarine Hospitals 
 should be borne by the duties on tonnage (p. 154). The latter 
 ])rovision was repealed by the act of March 3, 1905, since which 
 date the ^Marine Hospitals have been supported b}- annual appro- 
 •priations by Congress. 
 
 Sec. 18. Limited the individual liability of a shipowner in pro- 
 portion to his share of the vessel, and the aggregate liabilities of 
 all shipowners to the value of the vessel and freight pending 
 (p. 1501. 
 
 Sec. 19. Provided that seamen employed on vessels making reg- 
 ular and stated trips in the foreign trade may be engaged for one 
 or more round trips, or for a definite time (p. 46). 
 
 Sec. 20. Provided that seamen may be engaged at a foreign port 
 for a round trip, and such seamen shall not be required to re-ship 
 in a port of the United States (p. 46). 
 
 THE MAGUIRE ACT. 
 
 The act of Feb. 18, 1895, commonly called the Maguire Act, 
 amended the act of Aug. 19, 1890, by changing the sections of the 
 Revised Statutes which shall apply to seamen in the coastwise 
 trade when engaged in the presence of a Shipping Commissioner. 
 These changes were intended to relieve the seamen from certain of 
 the more drastic disciplinary measures, while extending to them 
 other features of a protective nature, as follows: 
 
220 
 
 THE SEAMAN S CONTRACT. 
 
 ACT, AUGUST 19, 1890, 
 
 Rev. Stat. Page 
 
 4511 Shipping Articles 42 
 
 4512 " " 44 
 
 4522 '• •• [[[['.['.'.'.'.'48 
 
 4524 Payment of wages 81 
 
 4525 ■' " 81 
 
 4526 ■• " 81 
 
 4527 ■' " 82 
 
 4528 ■' ■' 82 
 
 / 
 
 4554 Shipping Commissioner 
 
 as arbiter 39 
 
 4596 Offenses and punishments .. 110 
 
 4597 " " ..114 
 
 4598 " " ..lis 
 
 4599 " " ..115 
 
 4601 Harboring deserters 147 
 
 4602 Offenses and punishments. . 118 
 
 4603 Enforcement of forfeitures.. 91 
 
 4604 Offenses and punishments. . 118 
 
 4605 Costs of conviction 91 
 
 4610 Offenses and punishments .. 119 
 
 4612 Shipping Articles: 52 
 
 ACT, FEBRUARY 18, 1895. 
 
 (Maguire Act.) 
 
 Rev. Stat. Page 
 
 4511 (Excepting pars. 6, 7, 8... 42 
 
 4512 -^4 
 
 4519 Forecastle Card 47 
 
 4526 Payment of wages 81 
 
 4527 '■ " 82 
 
 4528 " " 82 
 
 4529 " " 82 
 
 4530 " " 84 
 
 4535 Lien and salvage 152 
 
 4536 Attachment of wages 85 
 
 4542 Deceased seamen 105 
 
 4543 " " 106 
 
 4544 " " 106 
 
 4545 " " 107 
 
 4546 Payment of wages 86 
 
 4547 " " 86 
 
 4549 " " 88 
 
 4550 ■' ■' ......... 88 
 
 4551 " " 89 
 
 4552 " " 89 
 
 4553 " " 90 
 
 4554 39 
 
 Considering these and the subsequent enactments bearing upon 
 the applicability of the law to seamen in the respective trades 
 ( foreign, coastwise, etc. ) , the rule seems to be that those provisions 
 of the Shipping Commissioner's Act which since the passage of the 
 latter measure have been specifically made applicable to seamen in 
 the coastwise trade, in addition to those enactments made appli- 
 cable to all vessels, constitute the law in the case of such seamen 
 when engaged in the presence of a Shipping Commissioner. Sea- 
 men employed in the coastwise trade, but not engaged in the 
 presence of a Shipping Commissioner, are governed by the law 
 generally applicable to all seamen. 
 
 The ;\laguire Act, by excluding Sections 4r>9C\ 4597, 4.50,'=; and 4599 
 of the Revised Statutes and the sixth, .seventh,- and eighth items 
 of R. S. 4511 from application to the shipping agreements of 
 seamen in the coastwise trade,- exempted such seamen from the 
 
THE seaman's contract. 221 
 
 law as to the Scale of Provisions, punishments for offenses, and 
 payment of allotment either to relatives or to an "original creditor." 
 In general, the effect of these exemptions was to abolish imprison- 
 ment for desertion in the coastwise trade and to end the so-called 
 crimping system in that trade. A further provision exempted sea- 
 men's clothing from attachment, thus completing a reform in the 
 primary conditions of the law by granting seamen in the coastwise 
 trade freedom from the control of their persons and earnings 
 either by their employers or by their "creditors." 
 
 THE WHITE ACT. 
 
 The act of Dec. 21, 1898, commonly called the White Act, 
 amended the act of Feb. 18, 1895 (Maguire Act), in respect to the 
 penalty for desertion by extending immunity from imprisonment 
 for desertion in ports of the United States, irrespective of the 
 nature of the voyage (coastwise or foreign) upon which the sea- 
 man was engaged at the time of desertion. 
 
 By the passage of the Maguire Act it was believed that the sea- 
 man had been freed from the punishment of imprisonment for 
 desertion in any port of the United States. However, the United 
 States Supreme Court, in the so-called "Arago" case (see "The 
 Earlier Sea Laws," p. xx Introduction), decided that seamen engaged 
 on a foreign voyage were still subject to the penalty of imprisonment 
 for desertion in a coastwise port of call during such voyage. The 
 White Act (sec. 19) specifically limited the penalty for desertion in 
 a port of the United States, or in a foreign port in the domestic 
 trade (Canada, Newfoundland, the West Indies and Mexico), to for- 
 feiture of clothing and wages. It also reduced the term of imprison- 
 ment for desertion in a foreign port in the foreign trade from three 
 months to not more than one month, at the discretion of the court, 
 and in other respects lightened the penalties imposed upon seamen in 
 the merchant service (R. S. 4596, p. HI). 
 
 The same measure made im.provements in the Scale of Pro- 
 visions, broadened the facilities for demanding the survey of a 
 vessel, provided that no form of corporal punishment should be 
 deemed justifiable, and placed upon the master responsibility for 
 the surrender of a ship's officer charged with illtreatment of a 
 seaman. 
 
Ill THE SEAMAN S CONTRACT. 
 
 THE HARDY ACT. 
 
 (See also "Licensed Officers.") 
 
 The act of March 3, 1913, commonly called the Hardy Act, de- 
 fined the minimum number of licensed deck officers to be carried 
 by vessels propelled by machinery, estimated on the basis of 
 tonnage and length of voyage; regulated the number of officers' 
 watches at sea and limited the length of their workday to nine 
 hours in port and twelve hours at sea. 
 
 The responsibility for determining the number of deck officers 
 to be carried by vessels had previously rested entirely with the 
 Local Inspectors of Steam Vessels. The Hardy Act established 
 the minimum manning scale, but left the Local Inspectors free to 
 increase the number of officers required if deemed necessary for 
 safe navigation (p. 28). 
 
 THE SEAMEN'S ACT. 
 
 The act of March 4, 1915, commonly called the Seamen's Act, 
 contained twenty sections, as follows : 
 
 Sec. 1. Providing that vacancies caused by desertion shall be 
 filled by seamen of the same or higher grade or rating (R. S. 4516, 
 p. ZZ). 
 
 Sec. 2. Establishing watch-and-watch at sea, limiting the work- 
 day in port to nine hours, and designating certain holidavs which 
 shall be observed in port (p. 168). 
 
 Sec. 3. Increasing the penalty for delay in payment of wages 
 from one day's to two days' wages (R. S. 4529, p. 83). 
 
 Sec. 4. Providing for the payment of one-half of the wages 
 which he shall have then earned to every seaman at every port of 
 lading and discharge during the voyage. This was merely a re- 
 enactment of the provision originally enacted July 20, 1790, with 
 the exception that the words "unless the contrary be expressly 
 stipulated in the contract" were substituted by the following: "And 
 all stipulations in the contract to the contrarv shall be void" (R. S. 
 4530, p. 85). 
 
 The same section provided that any court may set aside any 
 release signed by a seaman and take such action as justice shall 
 require. The section was made applicable to seamen on foreign 
 vessels in ports of the United States, and the courts of the United 
 States shall be open to such seamen for its enforcement. 
 
 Sec. .5. Increasing the facilities for demanding a survev on a 
 vessel in a foreign port (R. S. 4559, p. 78). 
 
 Sec. 6. Increasing the size of forecastles and providing for 
 mess-rooms, hospitals, wash-rooms, etc. (p. 67). 
 
THE SEAMAN S CONTRACT. SJ.:> 
 
 Sec. 7. Abolishing" the penalty of imprisonment for desertion in 
 foreign ports, and limiting the penalty for willful disobedience to 
 any lawful command at sea to forfeiture of not more than four 
 days' pay or imprisonment for not more than one month, and for 
 continued willful disobedience to forfeiture for each twenty-four 
 hours' disobedience of a suin of not more than twelve days' pay 
 or imprisonment for not more than three months (R. S. 4596, 
 p. 113). 
 
 Sec. 8. Abolishing the power of consuls to arrest seamen for 
 desertion in foreign ports (R. S. 4600, p. 117). 
 
 Sec. 9. Rendering the owner of a vessel liable in damages to 
 anv seaman illegally punished by a ship's officer ( R. S. 4611, 
 p. 150i. 
 
 Sec. 10. Improving the Scale of Provisions (p. 74). 
 
 Sec. 11. Abolishing allotment to original creditor, and extending 
 to seamen employed in the coastwise trade the right to make allot- 
 ment to certain relatives (p. 63). 
 
 Sec. 12. Extending exemption from attachment of seamen's 
 wages to fishermen, and permitting attachment of the wages of 
 seamen and fishermen for the support of wife and minor children 
 (p. 83). 
 
 Sec. 13. Establishing certain qualifications as to age, experience, 
 etc., of able-seamen (p. 33). 
 
 Sec. 14. Fixing the number and character of lifeboats and other 
 life-saving appliances to be carried by vessels, and fixing the man- 
 ning scale of passenger vessels based upon the number of lifeboats 
 carried. (OmittecL from this work.) 
 
 Sec. 15. Providing for reporting accidents to tow-barges (p. 144). 
 
 Sec. 16. Terminating treaties providing for the arrest in ports 
 of the United States of seamen deserting from foreign vessels 
 (p. 163). 
 
 Sec. 17. Repealing R. S. 5280 and certain parts of R. S. 4081 
 
 (p. 109). 
 
 Sec. 18. Date of taking efifect (p. 163). 
 
 Sec. 19. Providing that any seaman incapacitated by injury or 
 illness may be sent to a consul for the purpose of being discharged, 
 without the presence of the master at the timeof discharge (p. ^'7). 
 
 Sec. 20. Providing that in suits for damages for injuries seamen 
 having command shall not be deemed to be fellow-servants with 
 those under their authority (p. 162). 
 
 The Seamen's Act followed the general lines of legislation in- 
 itiated by the Maguire Act, passed in 1895. The latter measure 
 expressed the sense of Congress and the public in respect to the 
 
224 THE seaman's contract. 
 
 laws applicable to seamen prior to that time. The abolition of 
 imprisonment for desertion in the coastwise trade marked the first 
 step in the direction of personal liberty. The abolition of allotment 
 to original creditor and the imposition of a penalty for withholding 
 a seaman's clothing were corollaries of the former measure. 
 
 The White Act of 1898 continued the work of legislation begun 
 three years earlier. The Seamen's Act of 1915 completed the work 
 of freeing the seaman from those conditions which were the inevi- 
 table effect of the repressive influences of the earlier laws and 
 which in modern thought constituted an anachronism, unjust to the 
 seamen and harmful to the service in which they are engaged. 
 
THE SEAMAN S CONTRACT. 
 
 INDEX 
 
 Subject. Page 
 
 A bandonment of seamen 125 
 
 Able-seamen, proportion of required in crews; qualifications of, etc... 33 
 
 Certificate of service as 34 
 
 Abrogation of treaties 163 
 
 Accidents to tow-barges 144 
 
 Accoimt of wages (See "Discharge and Payment of Wages"). 
 
 ADVAXCE AND ALLOTMENT— 
 
 Allotment of wages 58 
 
 Advances 58 
 
 Recovery in case of unlawful advance 58 
 
 Discount of advance security 59 
 
 Advance abolished 59 
 
 Allotment to original creditor 60 
 
 Advance and allotment 61 
 
 Applicable to foreign vessels 64 
 
 Alien may be licensed as engineer or pilot 170 
 
 Apprentices or cadets on vessels in mail service 31 
 
 Indenture to be produced to Commissioner 144 
 
 Conditions of apprenticeship 144 
 
 Arbitration by Shipping Commissioner 37 
 
 Attachment of clothing prohibited 57 
 
 Attachment of wages prohibited 85 
 
 Exception in favor, of wife or minor child 85 
 
 Roarding vessel before arrival; penalty for 147 
 
 Bond for return of seamen 51 
 
 ^adets or apprentices on vessels in the mail service 31 
 
 Canal-boats, persons employed on not entitled to benefit of marine 
 
 hospital ISS 
 
 Not subject to libel for wages 170 
 
 Canal Zone in foreign-going trade 57 
 
 Casualty, seamen lost by may be replaced 28-32 
 
 Certificate of citizenship 6 
 
 of service as able-seaman, etc 34 
 
 of discharge, form of 54 
 
 of discharge to be given by master 89 
 
 of character to be given by Commissioner 90 
 
 Charterer, liability of •' 151 
 
 Citizenship, rights of after declaration of intention 6 
 
 of officers 7 
 
 of crews on vessels in mail service 31 
 
 suspension of requirement of 31 
 
 Clothing, attachment of prohibited 57 
 
 and fuel. (See "Medicine," etc.) 
 
 Sale of deceased seamen's 102 
 
 Coastwise and Lake vessels subject to Navigation Laws 11 
 
 COASTWISE TRADE— 
 
 Shipping articles in 47 
 
 Sections governing shipment and discharge in 55 
 
 Definition of Ill 
 
226 THE seaman's contract. 
 
 Subject. Page 
 
 COLLECTOR OF CUSTOMS— 
 
 Shall deliver certificate of citizenship 6 
 
 Shall send list of certificates of citizenship to Secretary of State.... 7 
 
 Shall cause muster of crew 34 
 
 May act as Shipping Commissioner 37 
 
 Shall not charge fees 41 
 
 Shall make report of services 41 
 
 Crew list shall be delivered to 49 
 
 Shall keep record of crew lists 50 
 
 Shall deliver copy of shipping articles to owner 50 
 
 Rules as to list of crew SO 
 
 Shall transmit copy of crew list to collector at port of sailing S2 
 
 Shall refuse clearance until law has been complied with 64 
 
 May hear complaint of food 69 
 
 Shall transmit masters' report of consular services 95 
 
 Shall not grant clearance without certificate of delivery of deceased 
 
 seaman's effects 104 
 
 Shall transmit reports of accidents to tow-barges 144 
 
 Shall receive amount due for care of sick seamen from foreign 
 
 vessels 155 
 
 Shall enforce wireless act 166 
 
 May issue temporary permit to wireless operator 168 
 
 Color blindness, examination as to 10 
 
 CONSULS, DUTIES OF— 
 
 Shipping seamen in foreign ports 46 
 
 Appointment of inspectors by 77 
 
 Naval officer may exercise powers of 92 
 
 Protests 92 
 
 Lists and returns of seamen, vessels, etc 92 
 
 Fees allowed for official services 93 
 
 No profit from discharged seamen 94 
 
 Copies of receipts of consular fees, etc 94 
 
 Duties of consular officers in regard to deceased seaman's effects.. 10.5 
 
 Powers of foreign consuls over disputes between seamen 108 
 
 Arrest of seamen on application of consul 108 
 
 Commitment and diicharge , 119 
 
 Reclamation and discharge of deserters 116 
 
 (See also "Shipping Articles," "Discharge in Foreign Port," "Dis- 
 tressed Seamen," "Deceased Seamen," "Offenses and Punish- 
 ments," etc.) 
 
 CRIMES— 
 
 Offenses on the high seas, where triable 121 
 
 When summary trials may be had 121 
 
 Complaint and answer i^21 
 
 Amendments and adjournments 122 
 
 Challenges to jurors 1 77 
 
 Limit of sentences \->2 
 
 Recovery of penalties and forfeitures under Navigation Laws..!..'! 12.^ 
 
 Jurisdiction extended over Great Lakes, etc 123 
 
 Places and waters applicable I93 
 
 "Vessel of the United States" defined 124 
 
 Offense begun in one district and completed in another 124 
 
 Forcible abandonment of seamen 1 75 
 
 Arson of dwelling house within a fort l">5 
 
 Arson of armory, arsenal, etc 17g 
 
 Owner destroying vessel at sea P7 
 
 Other person destroying vessel, at sea jpg 
 
 Attempt to destroy vessel at sea 128 
 
 Maiming, etc ; j28 
 
 Murder, manslaughter, rape, etc 199 
 
THE SEAi[AN'S COXTRACT. 227 
 
 . Subject. Page 
 
 "^lurder'' defined 130 
 
 Manslaughter 130 
 
 ■'Manslaughter'' defined 130 
 
 Attempt to commit murder or manslaughter 130 
 
 Punishment of manslaughter 131 
 
 Rape 131 
 
 Assault with a dangerous weapon 132 
 
 Inciting revolt or mutiny on shipboard 132 
 
 Piracy under the law of nations 134 
 
 Seaman laying violent hands on his commander 134 
 
 Robbery upon the high seas 135 
 
 Robbery on shore by crew of piratical vessel 135 
 
 Piracy under color of a commission from a foreign power 135 
 
 Piracy by subjects or citizens of a foreign state 136 
 
 Confederating, etc., with pirate^; 136 
 
 Attacking vessel with intent to plunder. - 137 
 
 Breaking and entering vessel 138 
 
 Running away with or yielding up vessel or cargo 138 
 
 Seduction of female passengers on vessels 139 
 
 Payment of fine to female seduced 139 
 
 Evidence required (seduction); limitation of indictment 140 
 
 Carnal and unlawful knowledge of females under sixteen to be 
 
 felony 140 
 
 (See also "Offenses and Punishments.") 
 
 Crew list to be delivered to Collector of Customs 49 
 
 f^amages for injuries, suits to recover 162 
 
 DECEASED SEAMEN— 
 
 Effects of deceased seamen 102 
 
 Proceedings in regard to effects of deceased seamen 103 
 
 Penalty for neglect in regard to seamen's effects 104 
 
 Duties of consular officers in regard to deceased seamen's effects.. 105 
 
 Payment of wages in case of death within the United States 105 
 
 Payment to circuit court 106 
 
 Distribution of seamen's money and effects by circuit court 106 
 
 Unclaimed wages and effects of deceased seamen 107 
 
 (See also "Duties of Consuls.") 
 
 DEFINITIONS— 
 
 "Officers'' 8 
 
 "Master" 52 
 
 "Seaman" 52-156 
 
 "Vessel" 7, 52, 124 
 
 "Owner" 52 
 
 "Domestic trade" Ill 
 
 "Vessel of the United States" . 124 
 
 "Murder" 130 
 
 "Manslaughter" 130 
 
 Desertion, penalty for 49 
 
 (See also "Offenses and Punishments," and "Consuls, Duties of"). 
 
 Deserting seaman may be replaced 28-32 
 
 Wages and effects of 118 
 
 Discharge. (See "Certificate of Discharge.") 
 
 DISCHARGE AND PAYMENT OF WAGES— 
 
 Commencement of wages 81 
 
 Wages not dependent on freight 81 
 
 Termination of wages by loss of vessel 81 
 
 Wages in case of improper discharge 82 
 
 Suspension of wages : 82 
 
 Time for payment 82 
 
228 THE seaman's contract. 
 
 Subject. Page 
 
 Payment of wages at ports, etc 84 
 
 On account of master's failure to comply with law 169 
 
 Applicable to seamen on foreign vessels 8S 
 
 No attachment or assignment of wages 85 
 
 Limit of sum recoverable during voyage 86 
 
 Summons for non-payment of wages 86 
 
 Libel for wages .'.... 86 
 
 Canal boat not subject to libel 170 
 
 Mode of discharge 88 
 
 Account on discharge ' 88 
 
 Certificate of discharge 89 
 
 Rules for settlement (Mutual Release) 89 
 
 Certificate of character 90 
 
 Examination of witnesses 90 
 
 Enforcement of forfeitures 91 
 
 Appropriation of wages to costs of conviction 91 
 
 Suits by seamen 91 
 
 (See also "Consuls, Duties of," an d "Discharge in Foreign Port.") 
 Dingley Act. (See Table 11. Act, June 26, 1884.) 
 
 DISCHARGE IN FOREIGN PORT— 
 
 Wages payable in gold 95 
 
 Extra wages on discharge : . . 95 
 
 Penalty for neglect to collect extra wages 96 
 
 Discharge in case of illness 97 
 
 Extra wages on discharge in case of sale 98 
 
 When extra wages may be remitted 99 
 
 Disposal of extra wages 100 
 
 (See also "Consuls, Duties of," "Distressed Seamen," etc.) 
 
 DISTRESSED SEAMEN— 
 
 Return of seamen 100 
 
 Penalty for refusal to receive seamen 101 
 
 Additional allowance for transportation of destitute seamen 102 
 
 (See also "Consuls, Duties of," "Discharge in Foreign Port," etc.) 
 
 Disratement and reduction of wages for incompetency S3 
 
 "Domestic trade,'' definition of HI 
 
 Drunkenness or neglect of duty, penalty for 118 
 
 P" ngineer included in word "officers" 8 
 
 Alien may be licensed as 170 
 
 Exemption from militia duty I59 
 
 pees, shipping, penalty for extorting 59 
 
 P'ellow-servants, ofificers not jg2 
 
 Ferry-boats, canal-boats, yachts, etc \2 
 
 FISHERMEN'S AGREEMENT— 
 
 Agreement for fishing voyage I45 
 
 Penalty for violating agreement I45 
 
 Recovery of share of fish under agreement I45 
 
 Discharge of vessel upon bond by owner ' J47 
 
 Fishermen's wages, no attachment of gj 
 
 Exception in favor of wife or minor child ' _ 85 
 
 Flogging abolished ^49 
 
 (See also "Illtreatment of Seamen.") 
 
 Food (See "Scale of Provisions.") 
 
 Forecastle Card, posting of 47 
 
THE SEAMAN S CONTRACT. 229 
 
 Subject. Page 
 
 Forecastle space 64 
 
 Fumigation of 68 
 
 Foreign trade, shipment and discharge in 46 
 
 Seamen may be admitted to marine hospital ISS 
 
 Vessels, laws applicable to •. 64, 85, 148 
 
 Disputes on '. . . ' 108 
 
 Must be equipped with wireless apparatus 166 
 
 Forfeitures, enforcement of 91 
 
 Forfeitures, disposal of 118 
 
 Forfeitures, recovery of under Navigation Laws 123 
 
 J-|ardy Act. (See Table II. Act, March 3, 1913.) 
 
 Holidays in port 166 
 
 Jllness or injury, discharge on account of 97 
 
 Wages during period of (See Introduction.) 
 
 ILLTREATMEXT OF SEAMEN— 
 
 Maltreatment of crew by officers of vessels 148 
 
 Flogging abolished 149 
 
 Incompetency, disratement and reduction of wages for S3 
 
 Injuries, suits to recover damages for 162 
 
 Inspectors, supervising, duties of 11 
 
 I ake and coastwise vessels subject to Navigation Laws 11 
 
 Language test of seamen 33 
 
 Liability of charterer 151 
 
 LIABILITY OF OWNER— 
 
 Liability of owner not to exceed his interest ISO 
 
 Exception in case of seamen's wages iSl 
 
 Law extended to canal-boats, etc 151 
 
 LICENSED OFFICERS— 
 
 Vessels shall be commanded by citizen 7 
 
 Officers shall in all cases be citizens 7 
 
 Exception 7 
 
 Renewal of licenses 8 
 
 Suspension or revocation of licenses 8 
 
 Not liable to draft 9 
 
 Service in navy 9 
 
 Color blindness, examination as to 10 
 
 Officers shall answer inquiries and give information 11 
 
 Failure to perform duty 11 
 
 Engineers and pilots on ferry-boats, etc 12 
 
 Licenses of officers • • . . . 15-19 
 
 Oath of ,. 20 
 
 License to be exhibited 20 
 
 Renewal of license 21 
 
 Officers to assist inspectors 21 
 
 Investigation of conduct 23 
 
 Appeal to supervising inspector 23 
 
 Effect of decision by inspectors 26 
 
 License fees 26 
 
 Complement of officers and crew on passenger steamers 27 
 
 Minimum number of officers required 29 
 
 Time off duty in port 29 
 
 Time on duty in port 29 
 
 Time on duty at sea 30 
 
'230 THE seaman's contract. 
 
 Subject. 
 
 Page 
 
 Misconduct, loss of life, manslaughter. 30 
 
 Suspension of requirement of citizenship ji 
 
 Liable in damages for illtreatment of seaman j^U 
 
 Officers not fellow-servants ;■ 1°^ 
 
 (See also "Manning Scale" and "Naturalization of Seamen. ) 
 Lien and salvage. (See "Salvage.") 
 
 OQ 
 
 Lifeboatman, certificated ^° 
 
 Life-saving crews entitled to benefit of marine hospital 156 
 
 Lime-juice. (See "Medicines," etc.) 
 
 LOG-BOOK, OFFICIAL— 
 
 Entry of failure to join vessel 49 
 
 Entry of report in respect of food •_ • o^ 
 
 To be produced in court °^ 
 
 To be produced at time of discharge °° 
 
 Entry of deductions °° 
 
 Production of in disputes ^^ 
 
 Entry of sale of deceased seamen's effects 102 
 
 Entry of offenses IJ^ 
 
 Entry of cruel treatment • H' 
 
 Entries, miscellaneous . . . • ■ loO 
 
 Entry of collision Jol 
 
 Mode of making entries • 162 
 
 Penalty for omitting entries 162 
 
 Entry as to substitute for wireless operator 167 
 
 jyjaguire Act. (See Table II. Act, February 18, 189S.) 
 
 Mail service, vessels employed in shall carry proportion of citizens.. 31 
 
 MANNING SCALE— 
 
 Manning of passenger steamers 27 
 
 Lost seamen may be replaced 28-32 
 
 Qualifications of seamen 33 
 
 Physical examination of seamen 34 
 
 Watchmen on passenger steamers 32 
 
 (See also "Licensed Officers.") 
 
 "^lanslaughter," definition of 130 
 
 MARINE HOSPITALS— 
 
 Assessment of forty cents per month 153 
 
 Hospital dues abolished 154 
 
 Repeal of appropriation from tonnage tax 154 
 
 Power to receive gifts in aid of marine hospitals 155 
 
 Persons employed on canal-boats in coasting trade excluded from 
 
 benefits of marine hospital 155 
 
 Foreign seamen admitted 155 
 
 Term "seaman" defined 156 
 
 Master included in term "seaman" 156 
 
 Insane patients admitted 156 
 
 Life-saving crews admitted 156 
 
 MASTER— 
 
 Of sail vessel, license of 15-17 
 
 Piiaster or mate acting as pilot 19 
 
 "Master," definition of 52 
 
 May act as Shipping Commissioner in certain circumstances 37-89 
 
 Confining, penalty for 137 
 
 Shall surrender officer charged with illtreatment 150 
 
 Shall render assistance to persons in danger at sea 152 
 
 Entitled to benefit of marine hospital 155 
 
THE seaman's contract. 231 
 
 Subject. Page 
 
 Removal of j57 
 
 Liable to penalty for failure to serve lime-juice 158 
 
 ^late of sail vessel, license of 15-17 
 
 Measures, weights and 72 
 
 MEDICINES, LIME-JUICE, SLOP-CHEST, ETC.— 
 
 ^ledicines and lime-juice 157 
 
 Vessels named in R. S. 4569 shall carry slop-chest . . . . . . 158 
 
 Whaling and fishing vessels excepted 158 
 
 Penalty for failure to keep medicines 158 
 
 Warm room in all trades 159 
 
 ^\■oolen clothing and fuel 159 
 
 Militia duty, persons exempt from 159 
 
 iMissisippi River Steamboats, crew's accommodations 67 
 
 Money in port 84 
 
 (.See also "Discharge and Payment of Wages.") 
 
 I\Iotor boats, etc., provisions applicable to 12 
 
 Xot required to carry licensed officers 14 
 
 "Alurder," definition of 130 
 
 Mutiny. (See "Crimes.") 
 
 Mutual Release 85-89 
 
 Court may set aside 85 
 
 j^aturalization of Seamen. (See "Citizenship.") 
 
 Naval officers may volunteer for service on mail vessels 31 
 
 Complaint of food may be made to 69 
 
 Naval officer may act as consul 92 
 
 Navy, licensed officers serving in 9 
 
 Navigation Laws, vessels subject to 11 
 
 Neglect of duty or drunkenness, penalty for 118 
 
 Non-citizen officer, penalty for employing 10 
 
 Exception 7 
 
 o 
 
 FFENSES AND PUNISHMENTS— 
 
 Powers of consuls over disputes between seamen 108 
 
 Arrest of seaman on application of consul 108 
 
 Commitment and discharge 109 
 
 A'arious ofTenses by seamen 110 
 
 "Domestic trade" defined Ill 
 
 Entry of ofifense in log-book 114 
 
 Deserters may be apprehended on justices' warrant 115 
 
 Arrest of seaman without warrant 115 
 
 Reclamation and discharge of deserters 116 
 
 Penalty for drunkenness or neglect of duty 118 
 
 Disposal of forfeitures •• 118 
 
 Carrying sheath knives prohibited 119 
 
 Penalties and forfeitures, how recorded 119 
 
 Arrest of deserting seamen from foreign vessels 120 
 
 (See also "Shipping Articles," "Illtreatment of Seamen" and 
 "Crimes.") 
 
 Officers not fellow-servants 162 
 
 Definition of 8 
 
 (See also "Licensed Officers," etc.) 
 
 "Owner," definition of 52 
 
 Liable in damages for illtreatment of seaman ISO 
 
 Liability of. (See "Liability of Owner.") 
 
232 THE seaman's contract. 
 
 Subject. ■ Page 
 
 pacific islanders, sale of arras, liquor, etc., to 141 
 
 Panama Canal Act, repeal of provision 31 
 
 Passenger, steamers, watchmen on 27-32 
 
 Complement of officers and crew 27 
 
 Passengers' quarters, visiting prohibited ; 142 
 
 Philippine Islands in foreign trade 57 
 
 Physical examination of seamen 33 
 
 Pilots, vessels shall be under control of •• • H 
 
 (See also "Licensed Officers.") 
 Postal Subsidy Act. (See Table II. Act, March 3, 1891.) 
 Provisions. (See "Scale of Provisions.") 
 
 Q 
 
 lualifications of seamen 33 
 
 I?adio-communication, apparatus and operators required 166 
 
 Removal of master 157 
 
 Revolt or mutiny on shipboard 133 
 
 Rules of the road, penalty for violating ,. 11 
 
 Qail vessels over 700 tons, masters of shall be licensed 15-17 
 
 Mates of shall be licensed 15-17 
 
 SALVAGE— 
 
 Seamen shall not forfeit lien on ship ISO 
 
 Right to salvage not affected bv joint ownership of vessels 1S2 
 
 Law not applicable to crews of public vessels 152 
 
 SCALE OF PROVISIONS— 
 
 Provisions 68 
 
 Complaint may be made to naval officer 69 
 
 Compensation for shortage 69 
 
 Forfeiture for false complaint 70 
 
 Penalty for unreasonable complaint 70 
 
 Permission to enter complaint 70 
 
 Allowance for reduction of provisions 70 
 
 Weights and measures - 72 
 
 Scale of provisions to be allowed 72 
 
 Articles to be supplied, and substitutes therefor 73 
 
 Amount of water and butter increased 74 
 
 Scale to be posted in galley and forecastle 74 
 
 (See also "Shipping Articles" and "Survey of Food.") 
 
 "Seaman," definition of. 52 
 
 Seamen's Act. (See Table II. Act, March 4, 1915.) 
 
 Secreting seamen, penalty for 147 
 
 Shanghaiing prohibited 163 
 
 Sheath-knives, carrying prohibited 119 
 
 SHIPPING ARTICLES— 
 
 Particulars of 42 
 
 Rules for 44 
 
 Exception as to 45 
 
 Penalty for shipping without agreement 45 
 
 Shipment in foreign port for one or more round trips 4^ 
 
 Shipment in port of the United States for foreign voyage 46 
 
 Posting copy of agreement (Forecastle Card) 47 
 
 Articles in coasting trade 47 
 
 Penalty for omitting to begin voyage 4g 
 
THE seaman's contract. 233 
 
 Subject. , Page 
 
 Unlawful shipments void 49 
 
 Bond for return of seamen 51 
 
 Form of articles of agreement ; S3 
 
 Schedule Table A Form of articles 53 
 
 " B Certificate of discharge 54 
 
 C Fees (seamen) 55 
 
 " D Fees (apprentices) 55 
 
 E Reduction from wages 55 
 
 Shipping fees, penalty for extorting 59 
 
 Ship Registry Act. (See Table II. Act, August 18, 1914.) 
 Slop-chest. (See "Medicines," etc.) 
 
 SHIPPING COMMISSIONER— 
 
 Appointment of 35 
 
 Collector of customs may act as 37 
 
 Penalty for unlawfully acting as 37 
 
 Duties of 39 
 
 Shall act as arbiter 39 
 
 Penalty for taking unlawful fees 40 
 
 Fees abolished 41 
 
 May ship and discharge crews in coastwise trade 44 
 
 Duty to examine allotment notes 64 
 
 May hear complaint of food 69 
 
 Shall assist in making apprenticeships 144 
 
 Shall deliver wages and effects of deceased seamen 166 
 
 Shall receive and account for wages and effects of deserting seamen 118 
 
 Discharge in presence of 88 
 
 When master may perform duties of 89 
 
 Shipping Commissioner's Act. (See Table II. Act, June 7, 1872.) 
 
 Soliciting seamen as lodgers, penalty for 147 
 
 State regulation of pilots 19 
 
 Stowawaj's, vessel not liable for 45 
 
 Suits by seamen 91 
 
 Suits to recover damages for injuries 162 
 
 Sundays in port 166 
 
 SURVEY OF VESSEL— 
 
 Complaint that vessel is unseaworthy . . 74 
 
 Proceedings upon examination of vessel 75 
 
 Penalty for refusal to proceed when vessel found seaworthy 76 
 
 Penalty for refusal to proceed to sea after survey 11 
 
 Appointment of inspectors by consul 77 
 
 One of the food surveyors shall be physician 76 
 
 Report by inspectors • 78 
 
 Discharge of seamen on account of unseaworthiness 79 
 
 Payment of charges for inspection 80 
 
 Refusal to pay wages and charges 80 
 
 TT onnage, measurement of 64 
 
 Tow-boats, accidents to 144 
 
 Treaties, abrogation of 163 
 
 Tug-boats, freight-boats, etc 15 
 
 fjnclaimed wages, etc., of deceased seamen 107 
 
 Undermanning, penalty for 27 
 
 Complaint of 75-78 
 
 Unseaworthiness. (See "Survey of Vessel.") 
 
234 THE seaman's contract. 
 
 Subject. Page 
 
 'W'acancy among officers may be filled by non-citizen 7 
 
 "Vessel," definition of ..52, 124 
 
 Visiting passengers' quarters, penalties for 142 
 
 y^AGES, EXTRA— 
 
 For delay in payment at end .of voyage 82 
 
 In case of improper discharge 82 
 
 On discharge in foreign port ■ • 95 
 
 Penalty for failure to collect extra wages 96 
 
 In case of sale 98 
 
 When extra wages may be remitted 99 
 
 Disposal of extra wages 100 
 
 (See also "Discharge and Payment of Wages," and "Discharge in 
 Foreign Port.") 
 
 Wages payable to seaman taken to sea without agreement 47-49 
 
 Reduction of for incompetency 53 
 
 Washing place. (See "Forecastle Space.") 
 
 Warm room. (See "Medicines," etc.) 
 
 Watchmen on passenger steamers 27 
 
 Watch-and-watch at sea; holidays and workday in port 166 
 
 Weights and measures 72 
 
 White Act. (See Table II. Act, Dec. 21, 1898.) 
 
 Wireless. (See "Radio-Communication.") 
 
 Substitute for wireless operator 167 
 
 Permit to 168 
 
 Witness fees 25 
 
 Witnesses, examination of '. 90 
 
 Seamen sent home as 169 
 
 Woolen clothing and fuel. (See "Medicines," etc.) 
 
 Workday in port 166 
 
 Wreck, termination of wages 81 
 
 APPENDIX 
 
 Citizenship of Seamen 9Q2 
 
 First General Law 204 
 
 Shipping Articles ' 204 
 
 Payment of Wages _ 205 
 
 Survey of Vessels 206 
 
 Offenses and Punishments ,•••-. 
 
 Medicines, Lime-juice, Slop-Chest .....'.'...'.' . " '. 209 
 
 Scale of Provisions 7iq 
 
 Licensed Officers 21 1 
 
 Shipping Commissioner's Act 216 
 
 Dingley Act '' .,,„ 
 
 Maguire Act !,„ 
 
 White Act o^i 
 
 Hardy Act ZI^ 
 
 Seamen's Act ' " 200 
 
ADDENDA 
 
 (AUGUST, 1920) 
 
 THE 
 
 SEAMAN'S CONTRACT 
 
 1790-1918 
 
 NOTE: — The following, in addition to several sections of the existing 
 law previously omitted, include the changes made in the Navi- 
 gation Laws applicable to seamen since the date of original 
 publication. 
 
 Compiled by 
 \\'Ar.TER MACARTT-R'R 
 
 Published by Jas. H, Barry Co., c^^^tej>1122 MIssipn 5t., San Francisco, Cal. 
 
Page 63. 
 
 -ACT, ]1;NE 3, V)20 (SEC. .^2). 
 Anx'wcK Axn allotment. 
 
 Sec. 32. That paragraph (a) of section 10 of the Act entitled, 
 
 .-Vn Act to remove certain burdens on the American merchant marixie 
 
 ;ind encourage the American foreign carrying trade, and for other 
 
 purposes," approved June 26, 1884, as amended, is hereby amended to 
 
 read as follows : 
 
 Sec. 10. (a) That it shall be, and is hereby, made unlawful in 
 any case to pay any seaman wages in advance of the time when he 
 has actually earned the same, or to pay such advance wages, or to 
 make any order, or note, or other evidence of indebtedness therefor 
 to any other person, or to na}* any person, for the shipment of seamen 
 when payment is deducted or to be deducted from a seaman's wages. 
 .Vny person violating any of the foregoing provisions of this section 
 shall be deemed guilty of a misdemeanor, and upon conviction shall 
 be punished by a fine of not less than $2.^ nor more than $100, and 
 ir.ay also be imprisoned for a period of not exceeding six months, at 
 the discretion of the court. The payment of such advance wages or 
 allotment, whether made within or without the United States or ter- 
 ritory subject to the jurisdiction thereof, shall in no case except as 
 herein provided absohe 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 recov- 
 er)- of such wages. If any person shall demand or receive, either 
 directl}- or indirectly, from any seaman or other person seeking 
 employment, as seaman, or from any person on his behalf, any re- 
 muneration 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. 
 
 Page 80. Continuation of R. S. 4561. 
 
 If any person knowingly sends or attempts to send or is party to 
 the sending or attempting to send an .American ship to sea, in the 
 foreign or coastwise trade, in such an unseaworthy state that the life 
 of any person is likely to be thereby endangered, he shall, in respect 
 
o 
 
 f each offense, be guilty of a misdemeanor, and shall be punished 
 by a fine not to exceed one thousand dollars or by imprisonment not 
 to exceed five years, or both, at the discretion of the court, imless he 
 proves thai either he used all reasonable means to insure her being- 
 >cnt to sea in a seaworthy stale, or that her going to sea in an un- 
 seaworthy state was, under the circumstances, reasonable and justifi- 
 able, and for the purpose of giving that proof he may give evidence 
 in the same manner as an\- other witness. 
 
 Page 85. Amendment to R. S. 4530. 
 
 *ACT, JU.XE .=;. 1920 (SEC. 31 1. 
 
 Sec. 31. That section 4530 of the Revised Statutes of the United 
 States is amended to read as follows : 
 
 Sec. 4530. Every seaman on a vessel of the United States shall 
 be entitled to receive on demand from the master of the vessel to 
 which he belongs one-half part of the balance of his wages earned and 
 remaining unpaid at the time when such demand is made at every port 
 \\'here such vessel, after the voyage has been commenced, shall load or 
 deliver cargo before the voyage is ended, and all stipulations in the 
 contract to the contrary shall be void: Provided, Such a demand shall 
 not be made before the expiration of, nor oftener than once in, five 
 days nor more than once in the same harbor on the same entry. Any 
 failure on the part of the master to comply with this demand shall 
 release the seaman from his contract and he shall 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 be 
 then due him, as provided in section 4529 of the Revised Statutes: 
 Provided further, That notwithstanding any release signed by any 
 seaman under section 4552 of the Revised Statutes any court having 
 jurisdiction may upon good cause shown set aside such release and 
 lake 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. 
 
Page 137. Insert between second and third paragraphs. 
 
 '•^ MARCH 4. 1909 (SEC. 2^)7). 
 
 SPKALINi; VRO.M W'REIKEI) VESSEL. 
 
 St'c. 2'-^7 Whoever plunders, steals, or destroys any money, goods, 
 merchandise, or other effects, from or belonging to any vessel in 
 distress, or wrecked, lost, stranded, or cast away, upon the sea, or 
 upon any reef, shoal, bank, or rocks of the sea, or in any other place 
 within the admiralty and maritime jurisdiction of the United States, 
 shall be fined not more than five thousand dollars and imprisoned not 
 more than ten \ears: and whoever wilfulh' obstructs the escape of 
 an}- person endeavoring to save his life from such vessel, or the 
 wreck thereof : or whoever holds out or shows any false light, or 
 (xtinguishes any true light, with intent to bring any vessel sailing 
 upon the sea into danger, or distress, or shipwreck, shall be impris- 
 oned not less than ten years and may be imprisoned for life. 
 
 Page 162. Amendment to Act, March 4, 1915 (Sec. 20). 
 
 *ACT, JUNE .\ 1920 (SEC, 33). 
 D.\>rA<;Es FOK lyTi'KfRS. 
 
 Sec. 20. That any seaman who shall suffer personal injury in 
 the course of his employment may, at his election, maintain an action 
 for damages at law, with the right of trial by jury, and in such action 
 all statutes of the United States modifying or extending the com- 
 mon-law right or remedy in cases of personal injury to railway em- 
 plo^-ees shall apply ; and in case of the death of any seaman as a result 
 of any such personal injury the personal representative of such sea- 
 man may maintain an action for damages at law with the right of trial 
 , bv jury, and in such action all statutes of the United States conferring 
 or regulating the right of action for death in the case of railway 
 employees shall be applicable. Jurisdiction in such actions shall be 
 under the court of the district in which the defendant employer resides 
 or in which his principal office is located. 
 

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