Page:United States Statutes at Large Volume 44 Part 1.djvu/1529

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  • 1515 **v`f11 ar11—»*~—1———#¥»—;~;—— ¢»  » ~ JJITLE .55.-

oomply with thin d¢¤l\¤¤<! Bibl! release the beaman from? his contract and he shall be wtltled to full payment of 1 wages earned. And whell the Yeylze ll ended every auch seaman shan be entitled to &e_ @alndm· of the W¤£¢¤.`whlch ehallbe then glue mm; aaprovided in the precedlnzmmction 5 Provided further, ’1‘hat‘notWi¢hS¢#i¤€i¤! Nl! Kleine niwed by any seaman under section 1644 `1bdVlll8. `]\l1'l85i¢u0Il·_ may jppon good canoe chown adds mh ahdtake such? action as juotloe And farther, That thismsction shall apply to naman on remele while ’iu` harbors

 of the United   and the com‘ts·`of the United States sshd!

reopen to each ewmen for its enforcement; ,.(R. _S. {-45301; nec.—21, 1898;`§. m, l e, aastat. 756fH8.12 4, 1915, e 153. l 4. 1 38 Stat. 1165;1`Jd¤d?5, 1920, c..%0,.j 81, 41 Stat.1006;) " 1 f 598. Veeaele engaged ln oysters.-—Sectiona .6%, 599, iand 604 shall apply to www engagedln the lama;-ol oysters. . (Jane 28, 1906, #:..3583, Q 4, 34 Stat. 551.). ‘ J ses. Advaaeea aaa allotments,-(ay 1; shall be unlawfulill my case; topay wages in advance of the time . {when he has actually earned the same, or to pay auch .adv8¤ce _ eéages, or to make? any order, or.n0te,‘ or other evidence or indebtednesa therefor to any other person, or to pay any person for the ahipment of seamen whenlldiment ls- aecactea or to be deducted from a aeamaxfe wages. ·. Any 'pereon violating any "oi the 'formolngprevisions of thia section shall be deemed guilt; of a `miedemqnor, and upon conviction shall be .` punished by a due of not less than @5110: more than $100, and may alsc h€'iIl1Di‘i@!.\% for a period of H0£`¢X8¢G(ull§`B1I months, at tm dozcretion or tho, conrt.1 The myment of such advance wage: For allowent, ·‘ whether made within or- without the United States or territory subject to the jurlmlction thereof, shall. lr no case except an hueln provided abaolve the "vwael or the "maater or me owner thereof hom the full payment: of wan: after the aameahall hayebeen actually earned, and shall be nc defense to a libel salt or action for the recovery of such wage If any person shall demand or receive, either directly or in directly,"£rom any seaman or otmr person empldyment '° as seaman, or from any. pe@ ea hl: any remuneratlox whatever for providing him with employment, he ahall for aver; auch oftwse be deemed gnllty of a mlsdmeanor and (shall he imprisoned notYmor• than aix months or dnod not more (b) It ahall be lawful for any seaman to stipulate in ht: shipping- agreement for an alloment of. any portion of the www be may earn to ¤1¤‘¢ra¤dnare¤t¤. n•ra¤té,-wif¤· sister orehlldren; - _ j . A . ’ I '(c) No shall mlm ln writing and algae: by and approved by the- reagent; commissioner. _It shall be th duty. of the aald lasioner to` ino meh allotmantraoa the parties to complim with the law; Al stipulations for the alloment any mrt of the wagea of 1 seaman_dnrlng-his ahame are made at the oexnmw meat or the voyage ahall halaaarted In the and aha! Jtate the ta and 'tlmea of thepaymenta to be made and th i PGPWBS-·f9 whom the paymantaare to be made. 1 1 _ ‘ (d) No allomwt as provided for in this aection aha] be lawful. Anrperaon who •hall1f@y to be nucl ` ‘ Qrelation, aa aboyo d , of .a seaman nndor this aactlox nhall for every auch odenaa punished by a noe. not eiceeding $500 or imprisonment not ex%lm al; months, at the dlscrc tlcnof theeourt.`· ‘ ` °, .’ ` (•) {mls aecuon ahall awt; as well to forela vuaelawhll in watera of the United States, aaa to vessels of the Unlto Btatu, and any master, owns., eoaalmeo, or agent of an; toreign vegan who au violated lu provisions man __bo uhm _ to the same penaltythat themaster, owner, or’agent_of ‘a reset or the United States would be for almllar violation,

-smr,e1aree -,%,11- ____,h_§_5g_4____w The master, owner, consignee, or agent of any vessel of- the United States, or of any foreign wjessel seeking clearance from ea- port of the United States, shall present his shipping articles { at the 0Eee of clearance, and no clearance shall be granted any

 such vessel unless the provisions of thisjsectiou here been com-

· plied with. ” ” " ’ ‘ , _· (I) Under the direction oi'.,the Secretary of Commerce the s. Commissioner of’Navigatiou shall make regulations to carry out I `this eectioh. (Ju1le”26,`1884, c. 121, §_10,' 23 Stat. 55; June 19; ' a *1886, c, 421,} .3, 24 Stat°80;_ Dec. 21, 1898, c. 28, 1 24, 30 Stat. L 763; Apr. L 26, 1904, c. 1603, 5 ,1, 33 Stat.- 308; Mar. 4,1915, c. L 153, 11, 88'Stat. 1168 ;,June 5, 1920, c. 250, 5 32, 41 Stat. 1006.) , 608. Agreements as to lose of lien; or rightxto wages.——No , seamarr Bhallfby any agreement other than is —provided—' by ‘ l , this chapter, forfeit his lieu upori the lehip, or be deprived E of any reuiédy for the recovery of his wages to which he . ,wo¤ld· `0th€1'WiS¢ ..h¤Y9 been entitled s; and every stlpulatiou . l Ulu auy agreement inconsistent with any provision of this' s chapter, and _. every stipulation Vby which any seaman consents si to abandon his' right to hisjvages ih the case of `the loss of { the ship, 'or o to abandon any right- whichihe may have or . obtain in the nature of salvage, shall be wholly inoperative,. »(rt.s.54sss.)-_¤ ‘ .- __ r s_ 601; Attachment or` arrestmcut of `wages; support of slear iuan’s yvife.-—No wage; due or accruing to any seaman or r apprentice shall be subject to attachment or arrestmeut from >‘ any court, a11d?every paymeznt of wages to aiseaman or, apa preutice shall he Valid Liu law, notwithstanding any previous i dale or assignment off wages or of any atmchmeat, encuml brahce, or arrestment thereon ;. and Quo assignment or sale of 1 wages or of salvage made prior to the accruing thereof-shall a bind the party Lmaking the same,. except such allotments as 1 s authorized by,.this `J chapter. This section shall apply to > herruen employed on dahing vessels as well as to seamen: . Frooidcd,. _That nothing contained la this or any preceding -· section shall interfere with the order by any court regarding , the payment hy any seaman of any part of his wages for tim 1 support aud maiuteuauce of his wife and minor children; V (Mar. 4, 1915, c. 153, § 12, 88·Stat(,11&.) . ° _ e 602. Limit of aura recoverable during voyage.--—No sem ex- 1 ceediug $1 shall.-he recoverable from any seaman, by any one pers0¤,ifo1: any debt contracted during the time such seaman ¤. shall actually. Ibeloag to. any vessel, uhtil the voyage for pwhich B such seaman engaged shall be ended, (R. 8. »§_ 4537.) _ __ — ·, . 603{ Summoaa for aoapaymeatwwheuever the wages or any seaman are uotpald dayaatter the time when I same ought to. be paid according to the pro»vmous'o! this a chapter,. or auy. dispute arises necwew the master and seamea I ·t0uchlng` wages, the distr1ct judge tor. · the judicial district, 1 where the vessel ts, or in case his resideuce he more than I three from the place, or he be absent from the place »· ot his residence, then, auf fudge or justice ot the peace, or Ll any United States ‘ commissioner ot a district court," may sum· B mon the master of such _ vessel. to appear before him, to show cause why process should, not issue against such xgessel, her ll tackle, apparel, aud furniture, according to the course ot ¤ admiralty" courts, to answer for the wages., (R. S.»§ 4546 ; ri May 28, 1896,, c. 252. I 19, w Stat.134: Mar. 2. 1901, c._ 814, I 31 Stat. 956.; Mar. 8, 1911,,::. H1, _36i Stat: 11671) ` _ >· ` 604· Libd for Fatal-··*—·I£ the ·master_ against whom such ‘ _ summons is tuned neglects to appear, or, appearing, does not 6 show that the wage: are paid or otherwise satisded or for-· d leited, and}! the matter in dispute is not forthwith settlédy 7- the Judge or justice or United States commissioner shall certif! a to the clark of the- district court that there is su@cient ca¤86 rl of complaint whereon to found admiralty process; and thereupon the of such court shall issue process against the