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PART V.-MERCHANT SEAMEN.
74. Exemption from militia duty.
75. Naturalization and citizenship of
96. Wages and clothing exempt from
97. Desertion of seamen abroad.
99. Arbitration before shipping-com-
100. Soliciting lodgers.
101. Return of seamen from foreign
102. Effects of deceased seamen.
106. Form of articles of agreement.
In the construction of this Title [R. S., 4501-4613], every person having the command of any vessel belonging to any citizen of the United States shall be deemed to be the "master" thereof; and every person (apprentices excepted) who shall be employed or engaged to serve in ary capacity on board the same shall be deemed and taken to be a 66 seaman;" and the term "vessel" shall be understood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the provisions of this Title may be applicable, and the term "owner" shall be taken and understood to comprehend all the several persons, if more than one, to whom the vessel shall belong.
74. Exemption from militia duty.
R. 8., 4612.
Pilots, mariners actually employed in the sea service of Jan. 26, 1903. any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective
R. 8., 2174.
R. S., 4588.
States or Territories shall be exempted from militia duty, without regard to age.
75. Naturalization and citizenship of seamen.
Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant-vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.
The collector of every district shall keep a book or books, in which, at the request of any seaman, being a citizen of the United States of America, and producing proof of his citizenship, authenticated in the manner hereinafter directed, he shall enter the name of such seaman, and shall deliver to him a certificate, in the following form, that is to say: "I, A. B., collector of the district of D., do hereby certify, that E. F., an American seaman, aged years, or thereabouts, of the height of inches, (describing the said seaman as particularly as may be,) has, this day, produced to me proof in the manner directed by law; and I do hereby certify that the said E. F. is a citizen of the United States of America. In witness whereof, I have hereunto set my June 19, 1886. hand and seal of office, this day of "It
R. S., 4591.
R. 8., 4508.
shall be the duty of the collectors to file and preserve the proofs of citizenship so produced.
The collector of every port of entry in the United States shall send a list of the seamen to whom certificates of citizenship have been granted, once every three months, to the Secretary of State [together with an account of such impressments or detentions, as shall appear, by the protests of the masters, to have taken place]. 76. Shipping officers.
The general duties of a shipping-commissioner shall be: First. To afford facilities for engaging seamen by keeping a register of their names and characters.
Second. To superintend their engagement and discharge, in manner prescribed by law.
Third. To provide means for securing the presence on board at the proper times of men who are so engaged.
Fourth. To facilitate the making of apprenticeships to the sea service.
Fifth. To perform such other duties relating to merchant seamen or merchant ships as are now or may hereafter be required by law.
In any port in which no shipping-commissioner shall R. S., 4503. have been appointed, the whole or any part of the business of a shipping-commissioner shall be conducted by the collector or deputy collector of customs of such port; and in respect of such business such custom-house shall be deemed a shipping-office, and the collector or deputy collector of customs to whom such business shall be committed, shall, for all purposes, be deemed a shippingcommissioner within the meaning of this Title [R. S., 4501-4613].
Every shipping-commissioner, and every clerk or em- R. S., 4595. ployé in any shipping-office, who demands or receives any Mar. 4, 1911. remuneration whatever, either directly or indirectly, for
hiring or supplying any seaman for any merchant-vessels, June 19, 1886. excepting the lawful fees payable under this Title [R. S., 4501-4613], shall, for every such offense, be liable to a penalty of not more than two hundred dollars. [Fees payable by individuals abolished June 19, 1886.]
77. Illegal shipments.
Mar. 2, 1907.
Whoever, with intent that any person shall perform Mar. 4, 1909. service or labor of any kind on board of any vessel en- Sec. 82. gaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the United States engaged in navigating the high seas or any navigable water of the United States, shall procure or induce, or attempt to procure or induce, another, by force or threats or by representations which he knows or believes to be untrue, or while the person so procured or induced is intoxicated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go on board of any such vessel to perform service or labor thereon; or whoever shall knowingly detain on board of any such vessel any person so procured or induced to go on board thereof, or to enter into any agreement to go on board thereof, by any means herein defined; or whoever shall knowingly aid or abet in the doing of any of the things herein made unlawful, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.
All shipments of seamen made contrary to the provi- R. S., 4523. sions of any act of Congress shall be void; and any seaman so shipped may leave the service at any time, and shall be entitled to recover the highest rate of wages of the port from which the seaman was shipped, or the sum agreed to be given him at his shipment.
B. S., 4504.
B. S., 4509.
R. 8., 4510.
78. Owners or masters may ship seamen in certain cases.
Any person other than a commissioner under this Title [R. S., 4501-4613], who shall perform or attempt to perform, either directly or indirectly, the duties which are by this Title set forth as pertaining to a shipping-commissioner, shall be liable to a penalty of not more than five hundred dollars.
Nothing in this Title [R. S., 4501-4613], however, shall prevent the owner, or consignee, or master of any vessel except vessels bound from a port in the United States to any foreign port, other than vessels engaged in trade between the United States and the British North American possessions, or the West India Islands, or the republic of Mexico, and vessels of the burden of seventy-five tons or upward bound from a port on the Atlantic to a port on the Pacific, or vice versa, from performing, himself, so far as his vessel is concerned, the duties of shipping-commissioner under this Title. Whenever the master of any vessel shall engage his crew, or any part of the same, in any collection-district where no shipping-commissioner shall have been appointed, he may perform for himself the duties of such commissioner.
Every shipping-commissioner appointed under this Title [R. S., 4501-4613] shall, if applied to for the purpose of apprenticing boys to the sea-service, by any master or owner of a vessel, or by any person legally qualified, give such assistance as is in his power for facilitating the making of such apprenticeships; but the shipping-commissioner shall ascertain that the boy has voluntarily consented to be bound, and that the parents or guardian of such boy have consented to such apprenticeship, and that he has attained the age of twelve years, and is of sufficient health and strength, and that the master to whom such boy is to be bound is a proper person for the purpose. Such apprenticeship shall terminate when the apprentice becomes eighteen years of age. The shipping-commissioner shall keep a register of all indentures of apprenticeship made before him.
The master of every foreign-going vessel shall, before carrying any apprentice to sea from any place in the United States, cause such apprentice to appear before the shipping-commissioner before whom the crew is engaged, and shall produce to him the indenture by which such apprentice is bound, and the assignment or assignments thereof, if any; and the name of the apprentice, with the date of the indenture and of the assignment or assignments thereof, if any, shall be entered on the agreement; which shall be in the form, as near as may be, given in the table marked "A" in the schedule annexed to this Title [R. S., 4501-4613]; and no such assignment shall be made with
out the approval of a commissioner, of the apprentice, and of his parents or his guardian. For any violation of this section, the master shall be liable to a penalty of not more than one hundred dollars.
80. Agreement to ship in foreign trade.
The master of every vessel bound from a port in the R. 8., 4511. United States to any foreign port other than vessels engaged in trade between the United States and the British North American possessions, or the West India Islands, or the republic of Mexico, or of any vessel of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned; and every such agreement shall be, as near as may be, in the form given in the table marked A, in the schedule annexed to this Title [R. S., 4501-4613], and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars:
First. The nature and, as far as practicable, the duration of the intended voyage or engagement, and the port or country at which the voyage is to terminate.
Second. The number and description of the crew, specifying their respective employments.
Third. The time at which each seaman is to be on board, to begin work.
Fourth. The capacity in which each seaman is to serve. Fifth. The amount of wages which each seaman is to receive.
Sixth. A scale of the provisions which are to be furnished to each seaman.
Seventh. Any regulations as to conduct on board and Mar. 8, 1897. as to fines, short allowances of provisions, or other lawful punishments for misconduct, which may be sanctioned by Congress or authorized by the Secretary of Commerce and Labor not contrary to or not otherwise provided for by Sec. 10. law, which the parties agree to adopt.
Eighth. Any stipulations in reference to allotment of wages, or other matters not contrary to law. [Repealed so far as relates to allotments in trade between the United States, Dominion of Canada, Newfoundland, the West Indies and Mexico, and coasting trade of the United States, except between Atlantic and Pacific ports, by sec. 25 of Act of December 21, 1898.]
Feb. 14, 1903.
June 26, 1884.
Dec. 21, 1898.
The following rules shall be observed with respect to R. 8., 4512. agreements:
First. Every agreement except such as are otherwise specially provided for, shall be signed by each seaman in the presence of a shipping-commissioner.