The Men on Deck: Master, Mates and Crew, Their Duties and ResponsibilitiesRiesenberg, Felix
History
The Men on Deck: Master, Mates and Crew, Their Duties and Responsibilities
Riesenberg, Felix
Merchant marine -- United States; Navigation; Sailors
Whenever on the discharge of a seaman in a foreign country by a consular
officer on his complaint that the voyage is continued contrary to
agreement, 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, upon 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 originally shipped, or to the most convenient port of
entry in the United States, or to a port agreed to by the seaman. (R.
S., 4583; Dec. 21, 1898; sec. 18.)
Wages.
No seaman shall, by any agreement other than is provided by this Title
[R. S., 4501-4613], 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. (R. S., 4535.)
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 seaman 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 to 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.
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