Page:United States Statutes at Large Volume 17.djvu/309

FORTY—SECOND CONGRESS. Sess. II. Ch. 322. 1872. 269 Sec. 33. That in cases where the service of any seaman terminates be- Seamen snfore the period contemplated in the agreement, by reason of the wreck il*l°d W W¤€°=‘· or loss of the ship, such seaman shall be entitled to wages for the time Qilgcasg ml] if of service prior to such termination, but not for any further period. oEli)>Ss;p O nn Sec. 34. That no seaman or apprentice shall be entitled to wages for notentitled to any period during which he unlawfully refuses or neglects to work "“g°‘ while i'?" when required, after the time fixed by the agreement for his beginning iiiwifgilfofeififfg work, nor, unless the court hearing the case otherwise directs, for any full? i¤¤P*iS<>¤<*d· period during which he is lawfully imprisoned for any offence committed by him. Sec. 35. That the master or owner of any ship making voyages as w,g.,,,, 5,, cc,. hereinbefore described in section twelve of this act, except foreign-going *¤i¤ v®¤¤¤1¤. iv ships, shall pay to every seaman his wages within two days after the ter- g§g.°°8g"? d°" mination of the agreement, or at the time such seaman is discharged, i U whichever first happens; and in the case of foreign-going ships, within in fo,.,,;gn_g0_ three days after the cargo has been delivered, or within five days after ing ships. the seaman’s discharge, whichever first happens; and in all cases the (g,,.,-;-0,,,;;, 0;- seaman shall, at the time of his discharge, be entitled to be paid, on ac- ¤¤}¤¤¤t d¤¤ fo M count, a sum equal to one·fourth part of the balance due to him; and every °“}h,°;Q°|§`}g}}"°' master or owner who neglects or refuses to make payment in manner non-payment or aforesaid without sufficient cause shall pay to the seaman a sum not ex- ""€°S “'h°“ d“° ceeding the amount of two days’ pay for each of the days, not exceeding ten days, during which payment is delayed beyond the respective periods aforesaid; and such sum shall be recoverable as wages in any claim made before the court: Provided, That this section shall not apply to the masters or owners of any vessel where the seaman is entitled to share in the profits of the cruise or voyage. _ Sec. 36. That any three or more of the crew of any merchant ship of Complaints the United States, as described in section twelve of this act, may com- ih'? P'°"i*i°%¤ °*' plain to any officer in command of any of the ships of the United States K: ,2;;: Q`; ° navy, or any American consular officer, or any shipping-commissioner, or ficient in quanany chief officer of the customs, that the provisions or water for the use 3Q1k::'; ng “’ of the crew are at any time of bad quality, unfit for use, or deficient in made, and how quantity; such officer shall thereupon examine the said provisions or °X¤mi¤€d- water, or cause them to be examined; and if on examination such provisions or water are found to be of bad quality and unfit for use, or be deficient in quantity, the person making such examination shall signify the same in writing to the master of the ship; and if such master does penny {0, uoc not thereupon provide other proper provisions or water, where the same ¤¤r1>]xi¤s the _ can be had, in lieu of any so signified to be of a bad quality and unfit for f°?‘:§£°v‘};;Q;";_ use, or does not procure the requisite quantity of any so signified to be dyered. l insufficient in quantity, or uses any provisions or water which have been so signified as aforesaid to be of bad quality and unfit for use, he shall, in every such case, incur a penalty not exceeding one hundred dollars; and Itcsult of exupon every such examination as aforesaid the officers making or directing {3;* the same shall enter a statement of the result of the examination in the and sent to dislog-book, and shall send a report thereof to the district judge of the port ¤‘i¤¤.i¤ds¤· at which such vessel is bound, and such report shall be received in evidence in any legal proceedings. Sec. 37. That if the officer to whom any such complaint as last afore— _ Ireompisint is said is made certifies in such statement as aforesaid that there was no {°;¤d Hlmgdgf reasonable ground for such complaint, each of the parties so complaining ,$],éJQ°&, be fm, shall be liable to forfeit to the master or owner, out of his wages, a sum feirsd. not exceeding one week’s wages. Sec. 38. That if any seamen, as aforesaid, while on board any ship,_ Seamen wishshall state to the master that they desire to make complaint, as aforesaid, “{&’.t° mak? °°m‘ . . p mnts against to any consular officer, or naval officer of any ship of the United States, the ,,,,,,,,,., to be or any shipping-commissioner, against the master, the said master shall, cnabladw do ¤¤· if the ship is then at a place where there is any such officer as aforesaid,