CHAPTER IV.
THE MASTER'S RELATION TO THE CREW.
Shipment. Shipping papers. Discharge. Imprisonment. Punishment.
Shipment.—The master of every vessel of the United States, bound on a foreign voyage, and of all coasting vessels of fifty tons burden, must make a contract in writing (shipping articles) with each seaman, specifying the voyage, terms of time, &c.; and in default thereof shall forfeit $20 for every case of omission, and shall be obliged to pay every such seaman the highest rate of wages that have been paid for such voyages at the port of shipment within three months previous to the commencement of the voyage.[71] And when the master ships a seaman in a foreign port, he must take the list of crew and the duplicate of the shipping articles to the consul or commercial agent, who shall make the proper entries thereupon; and then the bond originally given for the return of the men shall embrace each person so shipped. All shipments made contrary to this or any other act of Congress shall be void, and the seaman may leave at any time, and claim the highest rate of wages paid for any man who shipped for the voyage, or the sum agreed to be given him at his shipment.[72]
At the foot of every such contract there shall be a memorandum of writing of the day and hour on which such seaman shall render himself on board. If this memorandum is made and the seaman neglects to render himself on board at the time specified, he shall forfeit one day's pay for every hour he is so absent, provided the master or mate shall, on the same day, have made an entry of the name of such seaman in the log-book, specifying the time he was so absent. And if the seaman shall wholly neglect to render himself on board, or, after rendering, shall desert before sailing, so that the vessel goes to sea without him, he then forfeits the amount of his advance and a further sum equal thereto, both of which may be recovered from himself or his surety.[73]
There is no obligation upon the master to make these memorandums and entries, other than that the forfeitures cannot be inflicted upon the seamen unless they have been made literally according to the form of the statute.
If any seaman who has signed the articles shall desert during the voyage, the master may have him arrested and committed to jail until the vessel is ready to proceed, by applying to a justice of the peace and proving the contract, and the breach thereof by the seaman.[74]
Every vessel bound on a foreign voyage shall have on board a duplicate list of the crew, and a true copy of the shipping-articles, certified by the collector of the port, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations. This copy the master must produce to any consul or commercial agent of the United States who shall require it; and it shall be deemed to contain all the conditions of the contract. All erasures and interlineations shall be deemed fraudulent unless proved to be innocent and bonâ fide. Every master who shall go upon a foreign voyage without these documents, or shall refuse to produce them when required, shall forfeit one hundred dollars for each offence, beside being liable in damages to any seaman who may have been injured thereby.[75]
Discharge.—If the master discharges any seaman in a foreign port, with his own consent, he shall pay to the consul three months' wages for every such seaman, in addition to the wages then due to him, two-thirds to go to the seaman upon his taking passage for the United States, and the remainder to be retained by the consul to make a fund for the relief of destitute seamen.[76] The master of every vessel bound to the United States shall, upon the request of the consul, take on board any seaman and transport him to the United States, on terms not exceeding ten dollars for each seaman, under penalty of one hundred dollars for every refusal. He is not, however, bound to receive more than two men to every hundred tons.[77]