Page:United States Statutes at Large Volume 38 Part 1.djvu/1182

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1164 SIXTY-THIRD CONGRESS. Sess. III. Ch. 153. 1915. Karch 4. 1915- CHAP. 153.-An ActTo promote the welfare of American seamen in the merchant [8* 136*] marine of the United States; to abolish arrest a.nd_ ignprisonment as a penalty for [rubric, No. 302.] desertion and to secure the abrogation of treaty provisions in relation thereto; and to promote safety at sea. {,*g{°§;g¤* °gg¤°°· Be it enacted by the Senate and House of Repreaentat·£vea of the United 'p` States of America in Omtgress assembled, That section forty-five hundred and sixteen of the Revised Statutes of the United States be, and is hereby, amended to read as follows: _ _ ‘·°§,f,"s°“‘”°“*° b° "Sec. 4516. In case of desertion or casualty resulting in the loss m§?S·»¤1*°·¢516»P·873· of one or more of the seamen, the master must ship, if obtainable, a °m°°°°d` number equal to the number of those whose services he has been deprived of by desertion or casualty? who must be of the same or R°P°"“°°°”’“’~ higher grade or rating with those w ose places they fill, and report the same to the United States consul at the first port at which he shall arrive, without incurring the enalty prescribed by the two V°”°" °*°°¤°°*’· preceding sections. This section shall) not app y to fishing or whaling vessels or achts." m}§j§j{‘g*m °‘ °’°‘” Sec. 2. That in all merchant vessels of the United States of more ` than one hundred tons gross, excepting those navigatitpg rivers, har-

  • ”°°· bors, bays, or sounds exclusivel , the sailors shall, w e at sea, be

divided mto at least two and thro firemen, oilers, and water tenders C°°“”“°““ d“*Y· into at least three watches, which shall be kept on dut successively for the performance of ordinary work incident to the sailing ,,,§¥,‘§d"f’°’° "°'k P"' and management of the vessel. The seamen shall not be shiplpled to work alternate} in the fireroom and on deck, nor shall those s `pped for deck dutyjlie required to work the fireroom,_ or vice versa; smug me or N but these provisions shall not limit either the authority of the masrny. P P- ter or other officer or the obedience of the seamen when, in the judgment of the master or other officer, the whole or any part of the crew are needed for the maneuvering of the vessel or the performance of work necessary for the safety of the vessel or her cargo, or “‘°»°‘°··d'*“s· for the saving of life aboard other vessels in jeopardy, or when in port_ or at sea from relquiring the whole or any part of the crew to In mlm participate in the pe_ ormance of fire, lifeboat, and other drills. No unnecessary e such vessel is in a safe harbor no seaman shall be required §‘§;§_S"“d°Y’ °" "°‘ to do any unnecessary work on Sundays or the following-named days: New Year’s Day, the Fourth of Ju , Labor Day, Thanksgiving Day, and Christmas Day but this shall not prevent the dispatch I of a vessel on rplgular schedule or when ready to proceed on her voy- ,,,,,I{"" ’ "°"‘ "‘ “"" age. And at times while such vessel is in a safe harbor, nine hours, inclusive of the anchor watch, shall constitute a day’s work. Whenever the master of any vessel shall fail to comply with this seotion, the seamen shall be entitled to discharge from such vessel and V"‘“°"°"°°*“°“‘ gl receive tihewages earned. lint this section shall not apply to hing or w aling vessels, or yac ts. $’g{‘§;§f,§_°§5‘,{°g“· Sec. 3. That section forty-five hundred and twenty-nine of the ReyirsedfSlgatutes of the United States be, and is hereby, amended to rea as o ows: Ti¤*°,{;>*¤¤1’¤°¤*· "Sec. 4529. The master or owner of any vessel making coasf ¤§r;§£n€.igmyl€?évs, voyages shall pay to every seaman his wages within two days aflleg the termination of the agreement under_which he was shipped, or at F _ the time such seaman is discharged, whichever first happens; and in °"“g“"°"“g°S*"'°· case of vessels makmig foreign voyages, or from a port on the Atlantic _ to a port on the Pac _ c, or vice versa, within twenty-four hours after 4* d¤=¢¤·¤*z¤· the cargo has been discharged, or within four days after the seaman has been discharged, whic ever first ha pens; and in all cases the seaman shall be entitled to be paid at the time of his discharge on Pm account of wages a sum equal to one—third part of the balance due °*"“'“‘“’°‘· him. _Every master or owner who refuses or neglects to make pay- ment in the manner herembefore mentioned without sufficient cause