Gambar halaman

to the number so lost, and report the same to the consul of the United States at the first port at which he shall arrive. The seamen must then be formally engaged and entered on the shipping articles.-R. S., sec. 4516.

193. Seamen may be hired in foreign port.--Every master of a vessel in the foreign trade may engage any seaman at any port out of the United States, in the manner provided by law, to serve for one or more round trips from and to the port of departure, or for a definite time, whatever the destination; and the master of a vessel clearing from a port of the United States with one or more seamen so engaged in a foreign port is not required to reship such seamen in a port of the l'nited States, nor to give bond, as required by section 4576 of the Revised Statutes, to produce such seamen before a boarding officer on the return of said vessel to the United States. And the master of a vessel in the foreign trade may engage a seaman at any port in the United States, in the manner provided by law, to serve on a voyage to any port, or for the round trip from and to the port of departure, or for a definite time, whatever the destination. So, too, the master of a vessel making regular and stated trips between the l'nited States and a foreign country may engage a seaman for one or more round trips, or for a definite time, or on the return of said vessel to the United States may reship such seaman for another voyage in the same vessel, in the manner provided by law, without the payment of additional fees to any officer for such reshipment or reengagement. It will thus be seen that a master has full power to ship his crew, or any part of it, “by the run," or for a given port or time, or for a round trip, and such shipments may be made either in foreign or domestic ports.—23 Stat. L., 58., secs. 19 and 20. (Paragraph 205.)

194. Shipping articles. The shipping articles are deemed to contain all the conditions of the contract with the crew as to service, pay, voyage, and all other things, and must be produced by the master to any consular officer whenever the latter may think them necessary to the discharge of his duties toward any seaman who may require his assistance, or for any other proper purpose connected with his duties to the vessel or crew. The shipping articles, the evidence of the seaman's contract, are construed with great liberality, and most favorably to the seaman. A seaman may show by parol that untrue statements were made to induce him to sign, and that the voyage and time of service described in the articles were different from the voyage and time of service described to him before he signed. All interlineations, erasures, or writing in a hand different from that in which such duplicates were originally made are presumed to be fraudulent alterations, unless satisfactorily explained or unless they are immaterial.—R. S., sec. 1575; Olcott, 232; 1 Blatch. & H., 83; 2 Curtis, 317; 20 Fed. Rep. 654. (Paragraphs 190, 241.)

Shipping articles can not lawfully provide for forfeiture of wages in excess of that provided by statute.—27 Fed. Rep., 567.

195. Vessels purchased abroad. In the case of American or foreign built vessels purchased abroad and wholly owned by American citizens, the crews are usually made up of men who are not American citizens and who have not acquired the character of American seamen under the law as set forth in paragraph 199.

Seamen of this class, when not serving under a contract made in the United States, are not regarded as within the jurisdiction of a consular officer as to their shipment or discharge. But seamen engaging on such vessels who are American citizens, and foreigners who have acquired and maintained the character of American seamen, are to be shipped and discharged before the consular officer in the same manner as seamen on regularly documented vessels.

196. New shipping articles.-Consular officers will be careful to enter the shipment of seamen on the original articles until the space is exhausted; and whenever it becomes necessary to use additional articles, they should firmly attach them to the original articles in such a manner, either as prescribed for the attachment of the consular certificate to an invoice or otherwise, that the new articles can not be separated from the original without discovery or mutilation.

197. Certificate for cancellation of crew bond.—When it is necessary to grant new articles to a vessel, the crew of which was named in articles given at a port of the United States, the consular officer shall transmit to the collector of customs at the port whence the vessel cleared a certificate for cancellation of crew bond as provided for by section 4576 of the Revised Statutes, under his hand and seal, specifying the seamen to whose discharge he consented, and also those who may have died, absconded, or been forcibly impressed into other service. (Form No. 21; paragraph 205.)

198. Shipping agents.- No undue facilities are to be granted to favored shipping masters to the exclusion of others of equal respectability. The selection of an agent to obtain seamen for shipment belongs to the master of the vessel, and in the absence of controlling local regulation he is at liberty to employ any person he may see fit. The consular officer has no authority to interfere, nor to confer upon any shipping agent privileges which are not conceded to others. He is also without authority to designate such an agent as specially employed by the consulate, or to permit an agent to use a title, as “American shipping agent,” or “United States shipping agent," indicative of a special relation to the consulate. Though it is expected that a consular officer will inform himself as to the character of such agents, and will, on the request of a master, recommend such as he believes to be efficient and trustworthy, he is forbidden to insist upon the employment of any particular agent. Any authenticated instance of such partiality or favoritism which shall be reported to the Department of State will incur its marked disapproval.



199. American seamen defined.—The following are to be regarded as American seamen within the meaning of the laws relating to the discharge, wages, and extra wages of seamen, viz:

1. Seamen, being citizens of the United States, regularly shipped in an American vessel, whether in a port of the United States or in a foreign port.

2. Foreigners regularly shipped in an American vessel in a port of the United States.

3. Seamen, being foreigners by birth, regularly shipped in an American vessel, whether in a port of the United States or a foreign port, who have declared their intention in a competent court to become citizens of the United States, and have served three years thereafter on American merchant vessels. For all purposes, however, of protection, such seamen are to be deemed American citizens after filing in a competent court a declaration of intention to become such citizens.-R. S., sec. 2174. It is the duty of consular officers to satisfy themselves that seamen claiming relief under this statute have complied with its provisions; if not so satisfied, they will be authorized to treat them as foreigners in this respect.

200. Definition of terms. For the purposes of these Regulations the terms "American seamen” and “Seamen or mari. ners of the United States” are synonymous, as are also the terms "American vessel” and “Vessel of the United States." The principles which are maintained by this Government in regard to the protection, as distinguished from the relief, of

seamen are well settled. It is held that the circumstance that the vessel is American is evidence that the seamen on board are also American, and that in every regularly documented merchant vessel the crew will find their protection in the flag that covers them.-140 U.S., 453.

201. Prima facie evidence of citizenship.—The shipment of a seaman in a port of the United States as an American citizen is to be held prima facie evidence that the seaman is by birth or naturalization a citizen; and when the nationality of the crew does not appear from the crew list, it will be presumed that they are citizens of the United States.-10 C. Cls. R., 454.

202. Seamen on fishing vessels.-American seamen, as above defined, engaged on fishing vessels are to be regarded in the same relation as seamen on other vessels to the laws in respect to discharge, wages, extra wages, relief, and transportation.

203. Master is a seaman.-A master of an American vessel is a mariner, or seaman, within the intent of the laws relating to discharge, wages, extra wages, relief, and transportation.11 Op. Att. Gen., 458; 3 Sumn., 209. In case of destitution abroad, he is entitled to the same relief as other seamen, and he may be sent to the United States at the public expense. There is no authority, however, for incurring greater expense for his maintenance, clothing, or transportation than is allowed for other seamen; and in no case may a consular officer advance money to a master or other seaman to be reimbursed by the Government.

204. Crew defined.--The following persons of a ship's company are to be deemed seamen, or mariners, in addition to the officers and the crew immediately concerned in the navigation of the vessel, viz: The surgeon, the purser, the cook, the steward or stewardess, the cabin boy, an apprentice, the carpenter, the cooper on board whaling or other fishing vessels, and the engineers, pilots, and firemen of steam vessels.Curtis on Seamen, 5.

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