The Men on Deck: Master, Mates and Crew, Their Duties and ResponsibilitiesRiesenberg, Felix
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The Men on Deck: Master, Mates and Crew, Their Duties and Responsibilities
Riesenberg, Felix
Merchant marine -- United States; Navigation; Sailors
_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
received as evidence that he has made the payments therein mentioned.
(R. S., 4552.)
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 [R. S., 4501-4613], 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. (R. S., 4553.)
A seaman's right to wages and provisions shall be taken to commence
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. S., 4524.)
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 conditions
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., 4525.)
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 for the time of service
prior to such termination, but not for any further period. Such seaman
shall be considered as a destitute seaman and shall be treated and
transported 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.] (R. S., 4526; Dec. 21, 1898;
sec. 3.)
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