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
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: _Provided_, 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. 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: _Provided further_, That notwithstanding any
release signed by any seaman under section forty-five hundred and
fifty-two of the Revised Statutes any court having jurisdiction may upon
good cause shown set aside such release and take 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. [This section shall not apply to fishing or whaling vessels
or yachts—Dec. 21, 1898, sec. 26.] (R. S., 4530; Dec. 21, 1898; sec. 5;
Mar. 4, 1915, sec. 4.) (Effective on American vessels beginning Nov. 4,
1915; on vessels of foreign nations not covered by treaties Mar. 4,
1916; on vessels of other foreign nations after termination of treaties.)
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 [R. S., 4501-4613], 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 district
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., 4546; May 28, 1896.)
Public-domain text, read in full here on John Shaqi.
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