disabled and destitute seamen belonging to the United States merchant marine service. Act June 7, 1872, c. 322, § 50, 17 Stat. 273. Act March 3, 1897, c. 389, §7, 29 Stat. 689. This section, as enacted in the Revised Statutes, did not contain the first sentence of the section as set forth here, nor the words in second sentence thereof, "or proceeds of the sale of the effects." Said first sentence and said words of the second sentence were inserted by amendment of the section by Act March 3, 1897, c. 389, § 7, cited above. The circuit courts were abolished and their jurisdiction transferred to the district courts by Jud. Code, §§ 289-291, ante, §§ 1266-1268. See, also, notes to R. S. §§ 4501, 4526, ante, §§ 8287, 8317. § 8335. (R. S. § 4546.) Summons for non-payment of wages. Whenever the wages of any seaman are not paid within ten days after the time when the same ought to be paid according to the provisions of this Title, or any dispute arises between the master and seamen touching wages, the district judge for the judicial district where the vessel is, or in case his residence be more than three miles from the place, or he be absent from the place of his residence, then, any judge or justice of the peace, or any commissioner of a 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. Act July 20, 1790, c. 29, § 6, 1 Stat. 133. Act Aug. 23, 1842, c. 188, § 1, 5 Stat. 517. See notes to R. S. § 4526, ante, § 8317. § 8336. (R. S. § 4547, as amended, Act Dec. 21, 1898, c. 28, § 6.) Libel for wages. If the master against whom such summons is issued neglects to appear, or, appearing, does not show that the wages are paid or otherwise satisfied or forfeited, and if the matter in dispute is not forthwith settled, the judge or justice or commissioner shall certify to the clerk of the district court that there is sufficient cause of complaint whereon to found admiralty process; and thereupon the clerk of such court shall issue process against the vessel. In all cases where the matter in demand does not exceed one hundred dollars the return day of the monition or citation shall be the first day of a stated or special session of court next succeeding the third day after the service of the monition or citation, and on the return of process in open court, duly served, either party may proceed therein to proofs and hearing without other notice, and final judgment shall be given according to the usual course of admiralty courts in such cases. In such suits all the seamen having cause of complaint of the like kind against the same vessel may be joined as complainants, and it shall be incumbent on the master to produce the contract and log book, if required to ascertain any matter in dispute; otherwise the complainants shall be permitted to state the contents thereof, and the burden of proof of the contrary shall be on the master. But nothing herein contained shall prevent any seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty jurisdic tion 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. Act July 20, 1790, c. 29, § 6, 1 Stat. 133. Act Aug. 23, 1842, c. 188, § 1, 5 Stat. 517. Act Dec. 21, 1898, c. 28, § 6, 30 Stat. 756. This section, as enacted in the Revised Statutes, was as follows: "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, and the suit shall be proceeded 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 ascertain any matters in dispute; otherwise the complainants shall be permitted to state the contents thereof, and the proof of the contrary shall lie on the master. But nothing herein contained shall prevent any seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty jurisdiction, wherever any vessel may be found, in case she shall have left the port of delivery where her voyage ended, before payment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the delivery of her cargo or ballast." It was amended to read as set forth here by Act Dec. 21, 1898, c. 28, § 6, cited above. Section 26 of said amendatory Act Dec. 21, 1898, c. 28, 30 Stat. 764, provided that the act should take effect sixty days after its approval, and should apply to all vessels not specifically exempted by the act, but that section 6 of the act, which amended this section as above stated, should not apply to fishing or whaling vessels or yachts. But by Act June 28, 1906, c. 3583, § 4, ante, § 8321, said Act Dec. 21, 1898, c. 28, § 6 (amending this section), was made applicable to all vessels engaged in the taking of oysters, anything in said Act Dec. 21, 1898, c. 28, § 26, to the contrary notwithstanding. See, also, notes to R. S. § 4526, ante, § 8317. § 8337. (R. S. § 4548.) Wages payable in gold. Moneys paid under the laws of the United States, by direction of consular officers or agents, at any foreign port or place, as wages, extra or otherwise, due American seamen, shall be paid in gold or its equivalent, without any deduction whatever, any contract to the contrary notwithstanding. Act March 3, 1873, c. 265, 17 Stat. 602. (3712) § 8338. (R. S. § 4549.) 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 authorized 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 penalty of not more than fifty dollars. Act June 7, 1872, c. 322, § 22, 17 Stat. 266. The provisions of this section and of R. S. §§ 4550-4553, post, §§ 8339-8342, were made applicable to seamen shipped by shipping commissioners for vessels engaged in the coastwise trade, or the trade between the United States and Canada, Newfoundland, the West Indies, or Mexico, by Act Aug. 19, 1890, c. 801, as amended by Act Feb. 18, 1895, c. 97, and Act March 3, 1897, c. 389, § 8, ante, § 8293. Forcible abandonment of an officer or mariner in a foreign port or place, or refusal to bring home officers or mariners carried out, by the master or commander, was punishable by R. S. § 5363, which was incorporated into the Criminal Code in section 295 thereof, post, § 10468, and was repealed by section 41 thereof, post, § 10515. The laws relating to seamen on foreign voyages were made applicable to seamen on vessels going from the United States and its possessions to the Philippine Islands, the customs officers in the Philippine Islands being substituted for consular officers in foreign ports, by Act July 1, 1902, c. 1369, § 84, ante, § 3905. See, also, notes to R. S. § 4501, ante, § 8287. § 8339. (R. S. § 4550.) 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 discharged 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 deduction from the wages of any seaman except in respect of some matter 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 log-book, and shall, if required, produce such book at the time of the payment of wages, and, also, upon the (3713) COMP.ST.'13-233 hearing, before any competent authority, of any complaint or question relating to such payment. Act June 7, 1872, c. 322, § 23, 17 Stat. 267. Sée notes to R. S. §§ 4501, 4549, ante, §§ 8287, 8338. 88340. (R. S. § 4551.) 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, specifying 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 exceeding 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. Act June 7, 1872, c. 322, § 24, 17 Stat. 267. See notes to R. S. §§ 4501, 4549, ante, §§ 8287, 8338. § 8341. (R. S. § 4552.) 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, respectively, 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 settlement has been adjusted by the shipping-commissioner. Second. Such release, so signed and attested, shall operate as 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 receivable 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 shipping-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 shippingcommissioner, the shipping-commissioner shall, if required, sign and give to such master a statement of the whole amount so paid; and such statement shall, between the master and his employer, be received as evidence that he has made the payments therein mentioned. Act June 7, 1872, c. 322, § 27, 17 Stat. 267. See notes to R. S. §§ 4501, 4549, ante, §§ 8287, 8338. § 8342. (R. S. § 4553.) 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 particulars, or upon any of them; and the commissioner shall keep a register of the same, and shall, if desired so to do by any seaman, give to him or indorse on his certificate of discharge a copy of so much of such report as concerns him. Act June 7, 1872, c. 322, § 28, 17 Stat. 268. Sec. CHAPTER FIVE Protection and Relief Sec. 8360. Weights and measures. 8562. Slop-chests. 8363. Certain vessels not required to have slop-chests. 8364. List of crew to be delivered to 8365. Certificate to list. 8370. Additional allowance for trans- 8374. Extra wages upon discharge, on 8375. Certificate of citizenship. 8376. List of certificates of citizenship. § 8343. (R. S. § 4554.) 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, be |