« SebelumnyaLanjutkan »
law are complied with, the consular officer should retain the papers, although the clearance may be regular and in due form. He has no authority to withhold a ship's papers to compel payment of the demands of creditors against the vessel. R. S., secs. 1718, 4309; 9 Op. Att. Gen., 384. (Paragraph 225.)
181. When master sails without papers.—When a master sails from a port, leaving, from whatever cause, the ship's papers in the hands of the consular officer, it is the duty of the consular officer to transmit them without delay to the Department of State, together with a full statement of the facts and circumstances under which he retained them.
182. Consular fees.—Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service which any consular officer of the United States shall be authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the consulate or commercial agency where such service is required to perform such service; but no vessel's fees shall be collected by consular officers from such a vessel.—R.S., sec. 1718; 23 Stat. L., 56, sec. 12. The masters of foreign-built vessels, wholly owned by citizens of the United States, shall pay to such consular officer the fees lawfully chargeable for such service, who shall account for the said fees to the Treasury as official, excepting such as he may collect for shipping and discharging seamen who are not American seamen within the meaning of the law.-18 Op. Att. Gen., 234.
183. Written statement of services.—It is the duty of all masters of vessels for whom any official service shall be performed by any consular officer, without the payment of a fee, to require a written statement (Form No. 167) of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine not exceeding $50, unless he shall state, under oath, that no such statement was furnished him by the consular officer. (Paragraph 523.) When, however, the consular officer who performs the services is one who receives a fixed salary, the above requirement of a written statement of services to be given the master is waived, except in cases where official fees or charges, or extra wages or arrears of wages of seamen, are actually collected, in which cases the receipts for the moneys are to be received by the masters and delivered to the collector, as provided.-R. S., sec. 4213; 23 Stat. L., 53, sec. 13.
184, Masters to receive bullion, but not the mails. It is made the duty of all vessels belonging to citizens of the United States, and bound from a foreign port to a port in the United States, before clearance, to receive on board all such bullion, coin, United States notes and bonds, and other securities as any minister, consul, vice-consul, or commercial or other agent of the United States abroad shall offer, and to securely convey and promptly deliver the same to the proper authorities or consignees on arriving at the port of destination. For such service they shall receive such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business. But American vessels are not obliged to carry the mails to and from the United States unless under contract so to do.-R. S., sec. 4204; 23 Stat. L., 58, sec. 23.
185. Manifests required of all vessels. The statutes regulating the collection of duties on imports and tonnage and relating to manifests apply as well to vessels owned in whole or in part by foreigners as to vessels of the United States, and consular officers are therefore instructed to inform the masters of all vessels leaving their ports for the United States that they are
required to produce manifests in accordance with the provisions of law regulating the collection of duties on imports and tonnage.
186. Protests.—Consular officers have the right, in the ports or places to which they are appointed, to receive the protests or declarations which such captains, masters, crews, passengers, and merchants as are citizens of the United States may respectively choose to make there, and also such as any foreigner may choose to make before them relative to the personal interest of any citizens of the United States; and copies of such acts, duly authenticated by the consular officer under his official seal, are to receive faith in law equally as their originals would in all courts of the United States. The nature of these instruments will depend in each case upon the particular facts to be protested against.-R. S., sec. 1707. (Forms Nos. 37, 38, and 39.)
187. Charts and notices to mariners.-Consular officers are required to keep the pilot charts and all notices to mariners published by the hydrographic officer of the Navy Department-and which are regularly forwarded to them-in conspicuous positions, to call the attention of shipmasters thereto, and to afford masters of vessels every facility for their examination. They will also inform captains that branches of the .above-mentioned office have been established in the maritime exchanges of the principal seaboard cities, where (free of charge) all the information collected by said officer may be obtained, and where shipmasters are requested to call and report any information which will be of benefit to the maritime community at large. They are also required to forward without delay to the Department of State any information they may obtain which can possibly be utilized for the benefit of the seafarer and to decrease the dangers of navigation.
188. Miscellaneous duties and forms.-It has been customary to give to the consular officers a variety of forms to aid them in their business intercourse with masters and seamen which sufficiently explain themselves without the necessity of instructions. For declaration of a master in case of death or loss of a mariner, see Form No. 74; of same to correctness of loy book, see Form No. 75; of same to ship's bills for repairs, see Form No. 76; for certificate in case of deviation of voyage, see Form No. 77; for certificate of ownership of a vessel, see Form No. 78; for crew list when required by port authorities, see Form No. 79; for order to pay seamen's wages at home, see Form No. 80; for master's acknowledgment to the same, see Form No. 81; for certificate of shipment of seamen, see Form No. 82; for master's agreement to increase wages, see Form No. 83, and for form to be used when shipwrecked seamen are picked up at sea and conveyed to any port, see Form No. 84. For form of an average bond, see Form No. 160. Forms for the authentication of signatures and certificate that an officer is qualified to administer oaths are given in Forms Nos. 88 and 89. (Paragraphs 335 and 464.)
SHIPMENT OF SEAMEN. 189. Seamen to be engaged in presence of consul.-Every master of an American merchant vessel who engages any seaman at a place out of the United States in which there is a consular officer is required by law to engage the seaman in his presence and procure his sanction before carrying the seaman to sea.—R. S., sec. 4517.
The agreement is to be made as shown in Form No. 15, and must be signed in duplicate by the master before any seaman signs. Each seaman must sign in duplicate in presence of the consular officer, and such officer shall indorse upon the agreement his sanction thereof and attestation to the effect that the same has been signed in his presence and made as required by law.-R. S., sec. 1517. (Form No. 16; paragraph 196.)
190. Seamen must understand contract.—Consular officers will be particular to see that the engagements of seamen are signed in their presence by the seamen, or in the presence of some duly authorized employee of the consulate, and that the terms and conditions of engagement are clearly understood by them. This injunction should be carefully observed in view of the grave abuses that have arisen from the shipping of seamen by unauthorized shipping agents, and from a lack of knowledge on the part of the seamen of the terms of contract or of the kind of service for which they were engaged. A seaman is not bound by a clause in the contract which was not read or explained to him.-R. S., secs. 1736, 4517; 15 Fed. Rep., 621; 38 Fed. Rep., 258.
191. Rules as to shipment. The rules governing the engagement of seamen before a shipping commissioner in the United States, as laid down in Title LIII of the Revised Statutes, apply also to such engagements made before a consular officer. –R. S., sec. 4517.
Every master who engages a seaman in any place in which there is a consular officer otherwise than in his presence and with his sanction incurs a penalty of not more than $100, for which penalty the vessel is liable.-R. S., sec. 4518.
The shipment of a seaman under such circumstances is void; such seaman may leave the service at any time, and is entitled to recover the highest rate of wages at the port of shipment, or the sum agreed to be given him at his shipment.—R. S., sec. 4523. This statute is not applicable to contracts whereby fishermen ship for shares in the catch.25 Fed. Rep., 856.
192. In case of loss by desertion.—In case of loss by desertion or casualty, the master may ship a number of seamen equal