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thers to the serious injury of the owners or insurers, or when le has been guilty of flagrant tyranny toward the passengers r crew. In other instances the insanity or permanently disbling illness of the master has called for his removal. The ravity of the proceedings will suggest to the consular officer hat they should be taken only after careful deliberation and or good and sufficient cause, and that they should be promptly nd fully reported to the Department. For a form of oath nd certificate on the appointment of a new master, see form No. 19.
217. Abandonment of seamen.—It is provided by statute that very master or commander of any vessel belonging in whole Ir part to any citizen of the United States, who, during his eing abroad, maliciously and without justifiable cause, forces nyofficer or mariner of such vessel on shore in order to leave im behind in any foreign port or place, or refuses to bring ome again all such officers and mariners of such vessel whom le carried out with him as are in a condition to return and rilling to return when he is ready to proceed on his homeFard voyage, shall be punished by a fine of not more than 1500, or by imprisonment not more than six months.-R. S., Dec. 5363.
ARTICLE XIV. WAGES, EXTRA WAGES, AND EFFECTS OF SEAMEN.
218. Consular officer to collect wages.—If any consular officer, when discharging any seaman, shall neglect to require the payment of and collect the arrears of wages and extra wages required to be paid in the case of the discharge of any seaman, he shall be accountable to the United States for the full amount thereof. If any seaman, after his discharge, shall have incurred any expense for board or other necessaries, or for reasonable charges for medical care and nursing, at the place of his discharge, before shipping again, or for transportation to the United States, such expense shall be paid out of the arrears of wages and extra wages received by the consular officer, which shall be retained for that purpose, and the balance only paid over to such seaman; and if such arrears and extra wages are not sufficient to defray such expense, the deficiency shall be paid from the fund in the Treasury for the maintenance and transportation of destitute American seamen.-R. S., sec. 4581; 23 Stat. L., 55, sec. 7; 25 Stat. L., 80, sec. 3.
219. Wages payable in gold.—The moneys paid under the laws of the United States by direction of consular officers, at any foreign port or place, as wages, extra or otherwise, due American seamen, are to be paid in gold or its equivalent, without any deduction whatever, any contract to the contrary notwithstanding.-R. S., sec. 4548.
220. Seamen forwarded from one consulate to another.- When seamen are forwarded from one consulate to another, as provided for in paragraphs 285–287, any balances of moneys which may be due them should be remitted (together with a statement of the amounts) by bank draft or some other safe method to the consular officer at the port of their destination, who will manage the funds according to law and these Regulations.
221. Seamen to be reported.—When a seaman comes upon & consulate from another port, or by shipwreck, or in any manner otherwise than by discharge from a vessel at the port, the consular officer will at once notify the Auditor for the State and other Departments of the fact, giving the name of the seaman, the date of arrival, the name of the place whence he came, with the date and cause of his leaving such place, the name of the vessel by which he came, and of the American vessel on which he was last engaged. If he has been
ent from another consulate, the amount of his wages received s per preceding paragraph should also be reported. This nformation should be communicated immediately and withat waiting until the end of the quarter. (Form No. 126.)
222. Discharged for unusual or cruel treatment.—Seamen who desert because of unusual or cruel treatment and are discharged by a consular officer on that account, and seamen who are so discharged for unusual or cruel treatment, but without having deserted, are equally entitled to their wages and extra wages.-R. S., sec. 4600; 23 Stat L., 55, sec. 6.
223. When master is discharged.—On the discharge of a master of a vessel in a foreign port, payment of arrears of wages ind of extra wages is to be required under the same circumtances as for other mariners. Difficulty has arisen, in some mstances, in determining the rate at which the extra wages hould be exacted; and it has been held that, in the absence of a specific contract, the consular officer should fix the rate at that which is usual and customary for masters of vessels of the class at the American port at which the master shipped.
224. Arrears of wages to be collected and reported.—It is the duty of the consular officer to collect all arrears of wages that are due to a seaman up to the date of his discharge, and to report the same quarterly, together with the extra wages collected, to the Auditor for the State and other Departments (Form No. 124). The arrears of wages and extra wages are first to be applied to the expenses of the seaman; and vouchers for wages paid to a seaman, as prescribed in Form No. 164, must accompany the relief accounts. A seaman who has wages in the hands of the consular officer can not be regarded as destitute until they have been exhausted in defraying his expenses. (Paragraphs 262, 263.)
225. Detention of ship's papers.-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 require.—R. S., sec. 1718. (Paragraph 180.)
ARREARS OF WAGES.
226. Commencement of wages. —A seaman's right to wages and provisions shall be taken to commence either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.-R. S., sec. 4524. (Paragraph 231.)
227. Not dependent on freight. The wages of a seaman are not dependent on the earning of freight by the vessel; but every seaman or apprentice who would be entitled to demand and receive any wages if the vessel on which he has served had earned freight shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same of the master or owner in personam, notwithstanding that freight has not been earned. But in all cases of wreck or loss of vessel, proof that any seaman or apprentice had not exerted himself to the utmost to save the vessel, cargo, and stores shall bar his claim.-R. S., sec. 4525.
228. Loss of vessel.-In cases where the service of any seaman terminates before the period contemplated in the agreement by wreck or loss of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. In case of a wreck by stranding, it must be left to the discretion of the master to fix the day of the actual termination of the seamen's services, and his decision will be supported by the courts, unless some wrong or injustice be practiced on them. A survey is not a necessary ingredient of wreck, and the master may terminate the seamen's services without calling for one.—R. S., sec. 4526; 30 Fed. Rep., 202.
229. Time for payment. It is made the duty of a master of a vessel making a foreign voyage to pay to each seaman his wages within three days after the cargo has been delivered, or within five days after his discharge, whichever first happens; and in all cases the seaman shall, at the time of his discharge, be entitled to be paid, on account, a sum equal to one-fourth of the balance due to him. Every master or owner who neglects or refuses to make payment in the manner hereinbefore mentioned, without sufficient cause, shall pay to the seaman a sum not exceeding the amount of two days' pay for each of the days, not exceeding ten days, during which payment is delayed beyond the respective periods. This paragraph, however, does not apply to the masters or owners of any vessel the seamen on which are entitled to share in the profits of the cruise or voyage.-R. S., sec. 4529.
230, Payment of wages at ports.—Every seaman is entitled to receive from the master of the vessel to which he belongs onethird part of the wages which shall be due to him at every port where such vessel shall unlade and deliver her cargo before the voyage is ended, unless the contrary be expressly stipulated in the contract; and as soon as the voyage is ended and the cargo or ballast is fully discharged at the last port of delivery, he shall be entitled to the wages which shall then be due.-R. S., sec. 4530. (Paragraph 229.)