instance of such partiality or favoritism which shall be reported to the Department of State will incur its marked disapproval. ARTICLE XIII. DISCHARGE OF SEAMEN. 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 mariners 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. 205. Bond for return of seamen. It is required by law of the master of every vessel bound on a foreign voyage, or engaged in the whale fishery, to enter into a bond in the sum of $400 that he will exhibit the certified copy of the crew list to the first boarding officer at the first port in the United States at which he shall arrive on his return, and also produce the persons named therein. But the bond is not forfeited on account of the master not producing any of the persons contained in the list who may be discharged in a foreign country with the consent of a consular officer, certified in writing, under his hand and official seal, to be produced to the collector, with the other persons composing the crew; nor on account of any such persons dying or absconding or being forcibly impressed into other service, of which satisfactory proof shall be then also exhibited to the collector. He can not lawfully discharge a seaman in a foreign port without the intervention of the consular officer; and it is not material in such case that the discharge is made with the seaman's consent, or that he has misconducted himself, or is not a citizen of the United States.-R. S., sec. 4576; 7 Op. Att. Gen., 349; 1 Low., 107; Taney's Dec., 24. (Paragraph 193.) 206. Authority to discharge.-A consular officer is authorized by statute to discharge a seaman, upon his own application or upon that of the master, if it appears to such officer that the seaman has completed his shipping agreement, or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States.-R. S., sec. 4580; 23 Stat. L., 54, sec. 2. 207. Cases in which seamen are discharged.-The usual cases in which American seamen are discharged in a foreign port by consular officers, under the provisions of statute and the principles of maritime law, may be stated as follows: 1. For misconduct of the seaman.-36 Fed. Rep., 442. 2. On the sale of an American vessel abroad.-R. S., sec. 4582. 3. When the seaman has completed his shipping agreement.-R. S., sec. 4580; 23 Stat. L., 54, sec. 2. 4. Upon the complaint of a seaman that the voyage is continued contrary to agreement, and the consular officer is satisfied that the voyage has been designedly and unnecessarily prolonged in violation of the articles of shipment.R. S., sec. 4583; 23 Stat. L., 54, sec. 3. 5. When the desertion of a seaman has been caused by unusual or cruel treatment.-R. S., sec. 4600; 25 Stat. L., 55, sec. 6. 6. After a report by inspectors that the vessel was sent to sea unsuitably provided in any important or essential particular, by neglect or design, and the consular officer approves such finding, and the crew, or any of them, request their discharge.-R. S., sec. 4561; 23 Stat. L., 54, sec. 4. 7. In consequence of the sickness of the seaman and inability to perform his duties, or in consequence of any hurt or injury received in the service of the vessel.—R. S., sec. 4583. 8. By mutual consent of master and seaman. 9. When the seaman is arrested and awaits trial for an offense against local laws abroad, or is imprisoned for such an offense, or is held as a witness. When, also, he is sent to the United States as a prisoner or witness. 10. When one seaman is exchanged for another, or when he is transferred to another vessel in a foreign port, or when he is promoted to be an officer of the vessel, or when an officer is disrated to the grade of seaman, and the rule applies equally to the disrating of any member of the crew.9 Fed. Rep., 222. 11. When the vessel is wrecked or stranded, or condemned as unfit for service. 12. When the master is superseded by the majority owners and a new master appointed, or where he is removed by the consular officer. This clause does not refer to the crew, who are not entitled to be discharged when the master is thus superseded or removed.-R. S., sec. 4250. (Paragraph 216. 208. Where defects are accidental. Where, upon the report by inspectors, in pursuance of section 4561, of the Revised Stat utes, the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against befor the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, the crew shall then remain and discharge their duty.-23 Stat. L., 54 sec. 4. 209. Certificate of discharge. When a seaman is discharged in a foreign port, it is the duty of the consular officer to attach a certificate thereof both to the crew list and shipping articles, and also to cause a certificate to be given to the seaman. (Forms Nos. 17 and 18.) The certificate of discharge is only prima facie evidence of the facts stated therein; the illegality of the discharge may be shown in rebuttal of the consular certificate.-36 Fed. Rep., 442. The rules respecting the settlement of wages on the discharge of a seaman are to be found in section 4552 of the Revised Statutes and in paragraph 231 post.--R. S., secs. 4551, 4576. 210. Desertion from cruel treatment.—When a consular officer discharges a seaman in case of desertion caused by unusual or cruel treatment, he must enter upon the crew list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and the facts as to his discharge or reengagement, as the case may be, and subscribe his name thereto officially.-23 Stat. 54, sec. 6. (Paragraphs 300, 302.) 211. Discharge for cruel treatment, though no desertion. The like power and duty devolve upon consular officers when |