is usual and customary for masters of vessels of the class at the American port at which the master shipped. 227. It has already been said (paragraph 165) that the shipping articles are deemed to contain all the conditions of the seaman's contract with the ship. It is found, however, that seamen discharged in foreign ports are sometimes credited on the ship's books at a merely nominal rate. Consular Officers will be watchful to thwart such practices in future, and in any case where the return made by the master fraudulently disagrees with the customary rate of compensation in the marine service, they are instructed to exact the highest rate of wages paid to any seaman shipped for the voyage, or the sum actually agreed to be given him at his shipment, if it can be ascertained, whatever may be the sum falsely stated in the articles. 228. When seamen have been shipped on board of American vessels without the rate of their wages being specified on the shipping articles, as on board of whaling-ships where they are shipped by the "lay," upon their discharge at a foreign port, under circumstances entitling them to extra wages, such wages shall be paid at the usual rate at the time and port of shipment for the voyage, in gold coin of the United States or its equivalent. 229. Consular Officers are authorized and required to retain possession of a ship's papers that have been deposited with them, as directed by law, until payment shall be made of all lawful demands and wages on account of the vessel. If the master departs from the port with his vessel, with these demands and wages unpaid and leaving the vessel's papers in his hands, the Consular Officer will at once transmit the latter to the Department of State, accompanied by a full report of the facts and an account of the several sums due, in order that measures may be taken through the proper office of the Government for collecting the account on the arrival of the vessel in the United States, and for such other proceedings as the conduct of the master may be deemed to re Seamen shipped at nominal rates, Shipment "by the lay." Detention of ship's papers. Relief of seamen, Relief of mer chant seamen only. Conditions of re lief. Examination of semen. ARTICLE XIV. Relief of Seamen. 230. It is made the duty of Consular Officers, from time to time, to provide for the seamen of the United States, who may be found destitute within their districts, respectively, sufficient subsistence and passages to some port in the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the Secretary of State shall give. The seamen shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. The provisions respecting relief apply to American seamen on American or foreign-built vessels purchased abroad and wholly owned by American citizens in the same manner as to seamen of regularly-documented vessels. 231. The seamer of the merchant-marine of the United States alone are those whom the law contemplates relieving; and no provision has been made for the relief of destitute Americans other than seamen. No relief, therefore, is authorized to be granted to such destitute Americans, or to seamen, whether citizens or foreigners, discharged or deserting from naval vessels of the United States; and expenditures for such relief will not be allowed if found in the Consular accounts. 232. Before granting relief a Consular Officer should satisfy himself that the applicant is an American seaman as already defined, and that he is entitled to relief under the statutes, usages, and decisions hereinbefore referred to, and that he is destitute. A seaman cannot be regarded as destitute when he has any arrears of wages or extra wages, or is carning his own living. The amount to be paid for relief is, however, not limited to the arrears of wages and the extra wages, but relief may be continued, if necessary, after both have been exhausted. 233. Seamen applying for relief must be examined touching the manner of their being left destitute, and the name of the vessel and her master on which they last shipped, and the time and place and cause of discharge; and if it shall appear from such examination that they have been Act of June 26, discharged from any American vessel contrary to the pro- 18 visions of section 4582 of the Revised Statutes, or to other sec. provisions of law applicable to such cases, it shall be the duty of the Consular Officer to report the facts to the Department of State, with any other information that may enable it to cause the proper proceedings to be taken for a violation of the laws. 23 State 53, 5. Seamen on for eign vessels. 234. Seamen often claim relief from Consular Officers after discharge from a foreign vessel, and on the refusal of the Consular Officer, of the state to which the vessel belonged, to provide for them. The shipment of American seamen in foreign vessels is to be discouraged, and a Consular Officer is not at liberty to lend his aid in the enforcement of such shipments. When a seaman, not an American citizen, and who has not acquired the character of an American seaman, as herein before explained, comes upon a Consulate upon his discharge from a foreign vessel, or when his last service was in a foreign vessel, the Consular Officer has no authority to grant relief. The seaman must look to the Consul of the nation on whose ship he served. As Consular Officers not unfrequently mistake their authority in this respect, they are informed that accounts for relief extended to seamen under these circumstances will not be allowed. 235. A destitute deserter may be entitled to relief and to transportation to the United States. When, however, relief is applied for by a deserter, it is the duty of the Consular stat. 53. Officer to ascertain clearly and satisfactorily, before granting it, that he is justly entitled to it, and that the desertion was caused by unusual or cruel treatment, or was otherwise justifiable. If it shall appear that the desertion was caused by such treatment, the seaman may be discharged in accordance with section 6 of the act of June, 1884, and will be entitled to the arrears of wages and extra wages. If the vessel shall have left the port, and the Consular Officer is satisfied that the case is within the provisions of the statute, the facts should be reported to the Department of State. In all such cases, however, care should be taken that the provisions for the relief of destitute seamen should not be allowed to operate as an incitement to desertion. Consuls should exercise great care in examining and weighing the Relief of deserters, when. Art of June 26, 1884, sec. 6; 23 Naval seamen left in care of Consuls. Relief of shipwrecked seamen. Relief to consist in, &c merits of each case, in order that abuses may not occur. Nevertheless, under existing laws and rulings, an American citizen serving as seaman on an American vessel is entitled to relief if destitute in a foreign port, notwithstanding he may have deserted without cause or comes upon the Consulate otherwise irregularly. 236. It sometimes happens that seamen of the naval vessels of the United States are left under the care of Consular Officers, in consequence of sickness, injuries, or other causes. Such seamen are not entitled to the relief provided by law for seamen of the merchant-service, and a Consular Officer has no authority to incur expenses in their behalf. In such cases he may properly require, for his own protection, from the naval officer at whose request he takes charge of the seamar, either that adequate provision shall be made at the time to meet the necessary expenses, or such written authorization as will secure to him the reimbursement of any outlays he may be called upon to make. 237. Cases frequently occur in which seamen of American vessels are rescued from shipwreck or are brought after shipwreck from places where there is no Consular Officer, and are landed at or find their way to a port where such an officer is stationed. In such a case the latter will be authorized to afford relief without regard to the nationality of the seaman, or the character of American seaman, as herein defined. If they cannot be reshipped, they should be provided with passages to the United States, or to an intermediate port where employment may be had or passages obtained. The 238. The relief afforded will comprise lodging, subsistence, clothing, medical attendance, and medicines. lodgings should be in a healthy locality, removed, if possible, from scenes of temptation and vice. The subsistence should be simple but sufficient. It is usual, however, to contract for the board of scamen. The medical attendance and medicines should be found at a hospital, if there be one in the place, unless special instructions otherwise are given. If private treatment is provided, the reasons therefor must be communicated to the Department of State. A form of order to send scamen to a hospital, and a form of certificate when seamen leave a hospital against the physician's advice, are given in Forms Nos. 22 and 23. 239. The clothing should be of the cheapest kind, consistent with strength and durability, and such as seamen are accustomed to wear. Whenever seamen are sent to the United States by way of a foreign port at which there is a Consular Officer, the Consular Officer sending the seamen should transmit to his colleague there, either by the same vessel or by the quickest route, a statement showing the names of the seamen and the quantity and kind of clothing furnished them, and at what dates; and if the seamen are sent from such foreign port to another intermediate port where there is a Consular Officer, the list of names and clothing should be in like manner transmitted. 240. Proper vouchers for the board, subsistence, clothing, and medical attendance and medicines, and any expenditure for the relief of destitute seamen, must be taken in every case. See forms 95, 96, 97, and 98. The vouchers for board and medical attendance should show the name of the seaman, the time of subsistence or treatment, giving the date of beginning and termination and the rate per day or week, and, whenever it is practicable, the name of the ship from which and the place where the seaman was discharged. Under the rules of the accounting officers of the Treasury Department, the receipts for clothing, necessaries, and supplies, given by a seaman making his mark, or otherwise, should be witnessed. The witness should be a disinterested person, not a member of the firm furnishing the articles. The accounts for the relief of seamen must be accompanied by a certificate of the Consul that he has neither received nor will receive, directly or indirectly, any pecuniary or other advantage whatever from the expenditures set forth in the accounts. Consul not to be interested in hos R. S., sec. 1719. 241. Consular Officers are forbidden from owning, maintaining, or having directly or indirectly any pecuniary in- pital or supplies, terest in any hospital abroad to which American seamen are sent, whether located within or without their respective jurisdictions. A Consular Officer known to be so interested, or if interested in like manner in the supplies furnished to |