Слике страница
PDF
ePub

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 hand and seal of office, this- -day of It shall be the duty of the collectors to file and preserve the proofs of citizenship so produced. For each certificate so delivered, the collectors shall be entitled to receive from the seaman applying for the same the sum of twenty-five cents.

Naturalization of seamen-Rev. Stats. sec. 2174.

§ 4589. Protest upon impressment.-The master of every vessel of the United States, any of the crew whereof shall have been impressed or detained by any foreign power, shall, at the first port at which such vessel arrives, if such impressment or detention happened on the high seas, or if the same happened within any foreign port, then in the port in which the same happened, imme diately make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person impressed or detained; distinguishing also whether he was an Ameri can citizen; and, if not, to what nation he belonged. Such master shall also transmit, by post or otherwise, every such protest made in a foreign country, to the nearest consul or agent, or to the minister of the United States resident in such country, if any such there be; preserving a duplicate of such protest, to be by him sent immediately after his arrival within the United States to the Secretary of State, together with information to whom the original protest was transmitted. In case such protest shall be made within the United States, or in any foreign country in which no consul, agent, or minister of the United States resides, the same shall, as soon thereafter as prac ticable, be transmitted by such master, by post or other wise, to the Secretary of State.

§ 4590. Neglecting to make protest.-The collec tors of the districts of the United States shall, from time to time, make known the provisions of the two preceding sections to all masters of vessels of the United States en tering or clearing at their several offices. The master of every such vessel shall, before he is admitted to an entry by any such collector, be required to declare on oath whether any of the crew of the vessel under his command have been impressed or detained, in the course of his voyage, and how far he has complied with the directions of the preceding section. Every master who willfully

neglects or refuses to make the declarations herein required, or to perform the duties enjoined by the preceding section, shall be liable to a penalty of one hundred dollars. The collectors shall prosecute for any forfeiture that may be incurred under this section.

§ 4591. List of certificates of citizenship. - 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.

DESTY C. & N.-16.

CHAPTER SIX.

FEES OF SHIPPING-COMMISSIONERS.

4592. Fees of commissioner.

4593. Payment of fees.

4594. Limit of officer's compensation.
4595. Penalty for taking unlawful fees.

§ 4592. Fees of commissioner.-Fees not exceeding the sums specified in the tables marked "C" and "D" in the schedule annexed to this Title, shall be payable upon all engagements and discharges and apprenticeships effected before any shipping-commissioner. Each shipping-commissioner shall cause a scale of the fees payable to be prepared, and to be conspicuously placed in the shipping-office, and may refuse to proceed with any engagement or discharge unless the fees payable thereon are first paid.

Shipping Commissioners of N. Y. 13 Blatchf. 339.

§ 4593. Payment of fees.-Every owner, consignee, agent, or master of a vessel, engaging or discharging any seamen in a shipping-office, or before a shipping-commissioner, shall pay to the shipping-commissioner the whole of the fees hereby made payable in respect of such engagement or discharge; and may, for the purpose of in part re-imbursing himself, deduct, in respect to each such engagement or discharge, from the wages of all persons except apprentices, so engaged or discharged, and retain, any sums not exceeding the sums specified in that behalf in the table marked "E" in the schedule annexed to this Title.

§ 4594. Limit of officer's compensation.-In no case shall the salary, fees, and emoluments of any officer appointed under this Title be more than five thousand dollars per annum; and any additional fees shall be paid into the Treasury of the United States.

§ 4595. Taking unlawful fees. Every shippingcommissioner, and every clerk or employé in any shipping-office, who demands or receives any remuneration

whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant-vessels, excepting the lawful fees payable under this Title, shall, for every such offense, be liable to a penalty of not more than two hundred dollars.

CHAPTER SEVEN.

OFFENSES AND PUNISHMENTS.

4596. Various offenses by seamen-penalties.

4597. Entry of offenses in log-book.

$4598. Deserters may be apprehended on justice's warrant.

4599. Arrest of seamen without warrant, when allowable.

4600. Reclamation and discharge of deserters by consular officers. 4601. Penalty for secreting seamen.

4602. Penalty for drunkenness and neglect of duty.

4603. Enforcement of forfeitures.

4604. Disposal of forfeitures.

4605. Appropriation of wages to costs of conviction.

4606. Penalty for boarding vessels before arrival.

4607. Penalty for soliciting seamen as lodgers.

4608. Carrying sheath-knives prohibited.

4609. Penalty for extortion for obtaining employment. 4610. Penalties and forfeitures, how recovered.

4611. Flogging abolished.

4612. Definitions, schedule, and tables.

§ 4596. Offenses by seamen-Penalties.-Whenever any seaman who has been lawfully engaged, or any apprentice to the sea-service, commits any of the following offenses, he shall be punishable as follows:

This section applies to seamen engaged in foreign vessels while in American waters-U. S. v. McArdle, 2 Sawy. 367.

First. For desertion, by imprisonment for not more than three months, and by forfeiture of all or any part of the clothes or effects he leaves on board, and of all or any part of the wages or emoluments which he has then earned.

Brower v. The Maiden, Gilp. 294; Cloatman v. Tunison, 1 Sum. 373; The Martha, Blatchf. & H. 151; The John Martin, 2 Abb. U. S. 172; The Merrimac, 1 Ben. 490.

Second. For neglecting and refusing, without reasonable cause, to join his vessel, or to proceed to sea in his vessel, or for absence without leave at any time within twenty-four hours of the vessel sailing from any port, either at the commencement or during the progress of any voyage; or for absence at any time without leave, and without sufficient reason, from his vessel, or from his duty, not amounting to desertion, or not treated as such by the master: by imprisonment for not more than one month,

« ПретходнаНастави »