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book of such ship or vessel, of the name of such seaman or mariner, and shall in like manner note the time that he so neglected to render himself (after the time appointed); every such seaman or mariner 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. And if any such seaman or mariner shall wholly neglect to render himself on board of such ship or vessel, or having rendered himself on board, shall afterwards desert and escape, so that the ship or vessel proceed to sea without him, every such seaman or mariner shall forfeit and pay to the master, owner or consignee of the said ship or vessel, a sum equal to that which shall have been paid to him by advance at the time of signing the contract, over and besides the sum so advanced, both which sums shall be recoverable in any court, or before any justice or justices 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.
3. SECT. III. If the mate or first officer under the master, and a majority of the crew of any ship or vesse!, bound on a voyage to any foreign port, shall after the voyage is begun (and before the ship or ves. sel shall have left the land) discover that the said ship or 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 or commander shall upon the request of the said 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, if he shall there reside, or if not, to some justice of the peace of the city, town or place, taking with him iwo or more of the said crew who shall have made such request ; and thereupon such judge or justice is hereby authorized and required to issile his precept directed to three persons in the neighborhood, the most skilful in maritime affairs that can be procured, requiring them to repair on board such ship or vessel, and to examine the same in respect to the defects and insufficiencies complained of, and to make report to him the said judge or justice, in writing under their hands, or the hands of two of them, whether in any, or in what respect the said ship or 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 such report the said judge or justice shall adjudge and determine, and shall cndorse on the said report his judgment, whether the said ship or vessel is fit to proceed on the intended voyage ; and if not, whether such repairs can be made or deficiencies supplied where the ship or vessel then lays, or whether it be necessary for the said ship or vessel to return to the port from whence she first sailed, to be there refitted ; and the master and crew shall in all things conform to the said judgment; and 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 said judge or justice. But if the complaint of the said crew shall appear upon the said report and judgment, to have
been without foundation, then the said master, or the owner or consignee of such ship or vessel, shall deduct the amount thereos, and of reasonable damages or the detention (to be ascertained by the said judge or justice) out of the wages growing due to the complaining seamen or mariners. And if after such judgment, such ship or vessel is fit to proceed on her intended voyage, or after procuring such men, prova sions, stores, repairs or alterations as may be directed, the said seamen or mariners, or either of them, shall refuse to proceed on the voyage, it shall and may be lawful for any justice of the peace to commit by warrant under his hand and seal, every such seaman or mariner (who shall so refuse to the common gaol of the county, there to remain without bail or mainprize, until he shall have paid double the sum ad. vanced to him at the time of subscribing the contract for the voyage, together with such reasonable costs as shall be allowed by the said justice, and inserted in the said warrant, and the surety or sureties of such seaman or mariner(in case he or they shall have given any) shall remain liable for such payment; nor shall any such seaman or mariner be discharged upon any writ of habeas corpus or otherwise, until such sum be paid by him or them, or his or their surety or sureties, for want of any form of commitment, or other previous proceedings. Provided, 'That sufficient matter shall be made to appear, upon the return of such habeas corpus, and an examination then to be had, to detain him for the causes herein before assigned.
4. Sect. IV. If any person shall harbor or secrete any seaman or mariner belonging to any ship or vessel, knowing them to belong there to, every such person, on conviction thereof before any court in the city, town or county where he, she or they may reside, shall forfeit and pay ten dollars for every day which he, she or they shall continue so to harbor or secrete such seaman or mariner, one half to the use of the person prosecuting for the same, the other half to the use of the united states; and no sum exceeding one dollar, shall be recoverable from any seaman or mariner by any one person, for any debt contracted during the time such seaman or mariner shall actually belong to any ship or vessel, until the voyage for which such seaman or mariner engaged shall be ended.
5. Sect. V. If any seaman or mariner, who shall have subscribed such contract as is herein before described, shall absent himself from on board the ship or vessel in which he shall so have shipped, without leave of the master or officer commanding on board ; and the mate, or other officer having charge of the log-book, shall make an entry therein of the name ofsuch seaman or mariner, on the day on which lie shall so absent himself, and if such seaman or mariner shall return to bis duty within forty-eight hoars,such seaman or mariner shall forfeit three days pay for every day which he shall so absent himself, to be deducted out of his wages : But if any seaman or mariner shall absent himself for more than forty-eight hours at one time, he shall forfeit all the wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged at the time of bis desertion, to the use of the owners of the ship or vessei, ard moreover shall be liable to pay to him or them all. damages which be
or they may sustain by being obliged to hire other seamen or mariners in his or their place, and such damages shall be recovered with costs, in any court or before any justice or justices having jurisdiction of the recovery of debts to the value of ten dollars or upwards.
6. Sect. VI. Every seaman or mariner shall be entitled to demand and receive from the master or coinmander of the ship or vessel to which they belong, one third part of the wages which shall be due to him at every port where such ship or vessel shall unlade and deliver her cargo before the voyage be ended, unless the contrary be expressly stipulated in the contract : And as soon as the voyage is ended, and the cargo or ballast be fully discharged at the last port of delivery, eveTy seaman or mariner shall be entitled to the wages which shall be then due according to his contract : And if such wages slzil not be paid within ten days after such discharge, or if any dispute shall arise between the master and seamen or mariner's touching the said wages, it shall be lawful for the judge of the district where the said ship or vessel shall be, or in case his residence be more than three miles from the place, or of his absence from the place of his residence, then, for any judge or justice of the peace, to summon the master of such ship or vessel to appear before him, toshew cause why process should not issue against such ship or vessel, her tackle, furniture and apparel, according to the course of admiralty-courts, to answer for the said wages : And if the master shall neglect to appear, or appearing, shall not shew that the wages are paid, or otherwise satisfied or forfeited, and if the matter in dispute shal, not be forth with settled, in such case the judge or justice shall certify to the clerk of the court of the district, that there is sufficient cause of complaint whereon to found admiralty-process, and there. upon the clerk of such court shall issue process against the said ship or vessel, and the suit shall be proceeded on in the said court, and final judgment be given according to the course of admiralty-courts in such cases used ; and in such suit all the seamen or mariners (having cause of complaint of the like kind against the same ship or vessel) shall be joined as complainants ; and it shall be incumbent on the master or commander to produce the contract and log-book, if required, to ascertain any matters in dispute ; otherwise the complainants siall be permitted to state the contents thereof, and the proof of the contrary shall lie on the master or commander ; but nothing herein contained shall prevent any seaman or mariner from having or maintaining any aclion at common law for the recovery of his wages, or from immediate process out of any court having admiralty jurisdiction, wherever any ship or vessel may be found, in case she shall have left the port of delivery where her voyage ended, before payment of the wagcs, or in case she shall be about to proceed to sea before the end of the ten days next after the delivery of her cargo or ballast.
7. SECT. VIl. If any seaman or mariner, who shall have signed a contract to perform a voyage, shall at any port or place, desert, or shall absent himself from such ship or vessel, without leave of the master, or officer commanding in the absence of the master, it shall be lawful for any justice of 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 shall then appear by due proof that he has signed a contract within the intent and meaning of this act, and that the voyage agreed for is not finished, altered, or the contract otherwise dissolved, and that such seaman or mariner has deserted the ship or vessel, or absented himself without leave, the said justice shall commit him to the house of correction or cominon gaol of the city, town or place, there to remain until the said ship or vessel shall be ready to proceed on her voyage, or till the master shall require his discharge, and then to be delivered to the said master, he paying all the cost of such commitment, and deducting the same out of the wages due to such seaman or mariner.
8. Sect. VIII. Every ship or vessel belonging to a citizen or citizens of the united states, of the burthen 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, put up by some apothecary of known reputation, and accompanied by directions for administering the same; and the said medicines shall be examined by the same or some other apothecary, once at least in every year, and supplied with fresh medicines in the place of such as shall have been used or spoiled ; and in default of having such medicine-chest so provided, and kept fit for use, the master or commander of such ship or vessel shall provide and pay for all such advice, medicine, or attendance of physicians, as any of the crew shall stand in need of in case of sickness at every port or place where the ship or vessel may touch or trade at during the voyage, wiihout any deduction from the wages of such sick seaman or inariner. ·
9. Sect. IX. Every ship or vessel, belonging as aforesaid, bound on a voyage across the atlantic ocean, shall, at the time of leaving the last port from whence she sails, have on board, weil 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 ship or vessel, over and 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 voyages ; and in case the crew of any ship or vessel, which shall not have been so provided, shall be put upon short allowance in water, flesh or bread, during the voyage, the master or owner of such ship or vessel shall pay to tach of the crew, one day's wages beyond the wages agreed on for every day they shall be so put to short allowance, to be recovered in the same manner as their stipulated wages.
ACT of May 28, 1796. (Vol. III. p. 322.). SECT. I. II. III. relate to the appointment of agents at foreign ports for she protection of American citizens, and have expired.
10. Sect. IV. 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 hereinafier directed, he shall enter the name of such seaman, and shall deliver to him a certificate, in the following form, that is to say : “I, A. B. collector of the district of D. do here. by certify, That E. F. an American seaman, aged
.years, or thereabouts, of the height of
inches, [describing the said seaman as particularly as may be] has, this day, produced to me proof in the manner directed in the act, entitled, “An act for the relief and protection of American seamen ;” and, pursuant to the said act, 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
." And it shall be the duty of the collectors aforesaid, to file and preserve the proofs of citizenship produced, as aforesaid : And for each certificate delivered, as aforesaid, the said collectors shall be entitled to receive, from the seaman applying for the same, the sum of twenty-five cents.
11. SECT. V. And in order that full and speedy information may be obtained of the seizure or detention, by any foreign power, of any seamen employed on board any ship or vessel of the united states, it is enacted, That it shall, and hereby is declared to be the duty of the master of every ship or vessel of the united states, any of the crew whereof shall have been impressed or detained by any foreign power, at the first port at which such ship or vessel shall arrive, if such impress. ment or detention happened on the high seas, or if the same happened within any foreign port, then in the port in which the same happened, immediately to make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person impressed or detained ; distinguishing also, whether he was an American citizen; and if not, to what nation he belonged. And it shall be the duty of such master, to transmit by post, or otherwise, every such protest made in a foreign country, to the nearest consul or agent, or to the minister of the united states resident in such country, if any such there be ; preserving a duplicate of such protest, to be by him sent immediately after his arrival within the united states, to the secretary of state, together with information to whom the original protest was transmitted : And in case sich protest slall be made within the united states, or in any foreign country, ia which no consul, agent or minister of the united states resides, the same shall, as soon thereafter as practicable, be transmitted by such master, by post or otherwise, to the secretary of state.
12. SECT. VI. A copy of this law shall be transmitted by the secretary of state, to each of the ministers and consuls of the united states, resident in foreign countries, and by the secretary of the treasury, to the several collectors of the districts of the united states, whose duty it is hereby declared to be, from time to time, to make known the pro. visions of this law, to all masters of ships and vessels of the united statos entering, or clearing at their several offices. And the master of every such ship or vessel shall, before he is admitted to an entry, by any such collector, be required to declare on oath, whether any of the crew of the ship or vessel under his command have been impressed or detained, in the course of his voyage, and how far he has complied with the directions of this act: And every such master, as sball wilfully neglect or refuse to make the declarations berein required, or to