ment, contained in the agreement, and also for any time during which such seaman willfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct, either on board or on shore; or if it is shown that any of such provisions are, or have been during the voyage, bad in quality and unfit for use, the seaman shall receive by way of compensation for such reduction or bad quality, according to the time of its continuance, the following sums, to be paid to him in addition to and to be recoverable as wages: First, if his allowance is reduced by any quantity not exceeding one-third of the quantity specified in the agreement, a sum not exceeding 50 cents a day; second, if his allowance is reduced by more than one-third of such quantity, a sum not exceeding $1 a day; third, in respect of bad quality as aforesaid, a sum not exceeding $1 a day. But if it is proved that any provisions, the allowance of which has been reduced, could not be procured or supplied in sufficient quantities, or were unavoidably injured or lost, and that proper and equivalent substitutes were supplied in lieu thereof in a reasonable time, the court shall take such circumstances into consideration, and shall modify or refuse compensation, as the justice of the case may require.-R. S., sec. 4568.

318. Forms of proceeding.-The form of proceeding in the adjustment of the differences between masters and seamen should be as simple and summary as the nature of the case and justice to the parties will allow. The complaint upon which any proceeding is founded should be verified by the oath of the person making the complaint. Due notice of the nature of the complaint and of the time of the hearing should be given to the adverse party and all other persons in interest.

319. The hearing.—On the day of the hearing, the defendant should be required to answer, in writing, under oath, or

be adjudged in default. At the hearing each party should have an opportunity to cross-examine the witnesses produced by the other party, and to testify himself, on oath, if he wishes. The consular officer will render such summary judgment as the case may require, and may order that each party shall pay his own costs, or that one party shall pay all the costs, in his discretion. The costs shall be at the rates named in the tariff of fees, for any services coming within the tariff, and the costs and expenses of the process; but no hearing is to be extended beyond one day, unless absolutely necessary. 320. Application to authorities.-In countries with which the United States have treaty stipulations providing for assistance from the local authorities, consular officers are instructed that it is undesirable to invoke such interposition unless it is necessary to do so. In cases of arrest and imprisonment they will see, if possible, that both the place of confinement and the treatment of the prisoners are such as would be regarded in the United States as proper and humane. (General forms for requests for arrest, detention, and release of seamen are given in Forms Nos. 31, 32, and 34.) If a request for assistance is refused, the consular officer should claim all the rights conferred upon him by treaty or convention, and communicate at once with the diplomatic representative in the country, if there be one, and with the Department of State. such requests are made in accordance with long-established usage, he should, when they are refused, make suitable representations to the proper local authority, and likewise advise the legation and the Department. (Paragraph 299.)

ARTICLE XIX.

When

WRECKED AND STRANDED VESSELS, AND SURVEYS.

321. Consuls to take measures to save wrecks.-Consular officers, in cases where vessels of the United States are stranded on

the coast of their consulates, respectively, are required by law, as far as the laws of the country permit, to take proper measures, as well for saving such vessels, their cargoes, and appurtenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories, must, after deducting therefrom the expense, be delivered to the owner or owners. But no consular officer is permitted to take possession of any such goods, wares, merchandise, or other property when the master, owner, or consignee thereof is present or capable of taking possession of the same. R. S., sec. 4238.

322. Wrecked without and brought into consular district-Disposition of effects.-Ali vessels, parts of vessels, and any portion of their cargo, belonging to citizens of the United States, saved and brought into the consular jurisdiction after being wrecked, or in consequence of any disaster at sea, are to be proceeded with in the same manner as if the vessel had stranded within the consular jurisdiction; and if salvage be claimed and allowed by a competent tribunal, the remainder of the effects, or the proceeds thereof, if sold, shall be disposed of in the same manner as is directed in Article XXIII of these Regulations respecting the personal effects of citizens dying without the United States; provided, in the case of salvage, that the court deciding the same shall permit the consular officer to receive the effects and remainder of the property after the salvage is paid. The 5 per cent official fee prescribed (paragraph 533, Fee No. 15) for settling estates is not chargeable for services required by this paragraph.

323. Wrecking companies. In some countries chartered companies have the privilege of taking possession of all property wrecked; in others it may be vested in particular magistrates or officers. In such cases the consular officer is not to interfere with the legal function of the proper officer, but he may

ask leave, as the representative of the absent master or owner, or as his official adviser, if he be present, to assist at the taking of the inventory, the sale, and all other proceedings in relation to the property. It is his duty to protect the interest of the owner, and, if his reasonable requests are not complied with, to take the necessary evidence of the facts in the case and transmit it to the Department of State.

324. Wreck to be reported.-When any American vessel is wrecked within his jurisdiction, the consul is to give notice to the Department of State, naming the vessel and her owners or master, and giving the circumstances attending the loss. If there is an agent of the American underwriters in his jurisdiction, he will cooperate with him. (Paragraph 336.)

325. Proceedings. When there is no impediment from the laws of the country, all proceedings in relation to property wrecked are to be the same as those prescribed in the case of property of citizens dying without the United States (Article XXIII), and so also with regard to the taking possession and disposing of whatever effects, whether wrecked, abandoned, or otherwise unrepresented, within a consulate belonging to any citizen of the United States.

326. Property of unknown citizens.—A consular officer is allowed to institute proceedings for the recovery of property in behalf of citizens of his own country, although they may be unknown to him; yet restitution can not be decreed without specific proof of the individual proprietary interest.

327. Rescue from shipwreck. Whenever a consul shall receive authentic intelligence of the rescue from shipwreck of seamen or citizens of the United States by the master or crew of any foreign vessel, he will, without delay, transmit to the Department of State a statement of the facts, including the name of the master of the foreign vessel and of the country or port to which he may belong, and also the names of such

of the crew as may have especially distinguished themselves. This statement will be laid before the President, who is expressly authorized by Congress to make suitable acknowledgments to the masters and crews of foreign vessels for their services in rescuing from shipwreck citizens and vessels of the United States.-29 Stat. L., 30. The consul will state in his report the names of the passengers and crew who may have perished, and also of the survivors, and what disposition has been made of them. The statement of the consul should be full and precise in details, and such as to enable the Department to determine the hazard incurred in the rescue, and to adjust the testimonial to the degree of merit shown by those taking part on the occasion. The provisions respecting such acknowledgments apply only to the masters and crews of foreign vessels, and not to those of American vessels. 328. When consul may reward rescuing crew.-If, after investigating the facts and circumstances of the rescue, in the judgment of the consular officer, the master and the rescuing boat's crew, or any of them, are deserving of reward, he is authorized to pay to such master and boat's crew, or to any of them, without previous reference of the matter to the Department of State, a sum of money in gold, ranging from $5 to $25, according to the rank and merit of the recipient. These payments may be made out of any public funds on hand, or, in case there is not in his possession sufficient public money available for the purpose, he is authorized to draw on the Secretary of State, at fifteen days' sight, for a sufficient amount. In either case a separate account of the expenditure, supported by vouchers, must be sent to the Department immediately on payment of the money. (Form No. 170.)

In making these awards it is expected that consular officers will exercise due diligence and sound discretion. Humane as well as heroic action is deemed deserving of recognition, though in a less degree; and sacrifice of business interests