The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-12-15

wages. o. having inmeoiate process cut
If any court h wing al nlralty Iu,i sdi
HI ~ yreF4v rhni vessel may he TO III t.
ii casa sae shatl have lefG the poft of de-
hetry wnere htr voyage cad before
my .i,ept of the wages, or Ia case sac
-tnIl be ah ut t, proceed to ssa b:fors
lie an of the ten dass ueys after The day
20 nan .1sh wages are due, in fc2oidance
with SECTION f9r i've nuHdfed and tHea-
lv-uius of the Revised statutes
So, 7 irnAt seoBion fortY-tire hundred
and tiffv six OF the Revised 5 Statutes be,
and he e55 is amended so iss - r=au as
foilows: a
officers unser tha master or u nlaJ'rtVg u
the crew of any vessel Jun VI, Any ~ ~
age shall before the vessel shall nave ieIe
the harbor discoy er that the vessel Is 100
leaky oris otherwise unfit i'll her crew, tooy :,
tackle, appar ell, furniture, provisions, OF
81 ores to procee on the 1ntenheu Wy eso'
and shalt require such unfitness 10 20 ~
quired into, the master shall, upon tno
request of the first and second olncefs
under the master or such majority OF ens
crew. forthW 18th apply TO the judge OF the
district court of that judicial district, II
he shall there reside or If not. to some
justice of the peace of tn g city, town or
place for the appointment of surveyors,
as in section forty five hundred and fifty
seven, provided, taking with him two or
more of the crew who shall have made
such request; and any master refusing
or neglecting to comply with these pro-
visions shall be liable to penalty OF five
hundred dollars 7"
sec. 8. That section forty-fve hun
dred and fifty seven of the ReVissd
Statutes be, and hereby is amended to
read as follows:
"Sec. 1857. The judge, or Justice, in a
] 4 AZ hall a.
ton of the master or commander, Issue
his precept, directed to three persons IN
the neighborhood, the most experienced
and skillful in maritime affairs that can
be procured; and whenever such COM
plant is about the provisions one OF sucn
surveyors shall be a physician or a sur
geon of the Marine Hospital Service, II
such service is established at the plao 6
where the complaint is made. 1t shall
be the duty of such surveyors to repair
on board such vessel and to examine The
same in respect to the defects and in
sufficiencies complained of, and make re-
ports to the judge, or Justice as the case
may be, in writing, under their hands OF
the hands of two of them, whether in any
or IN what respect the vessel Is unit to
proceed on the intended voyage, and what
addition of men, provisions or stores, OF
what repairs or alterations in the body
tackle. or apparel will be necessary; and
upon such report the judge or justice sinai
adJudge nd shall endorse on his report
his Judgment whether the vessel is ut tt
proceed on the intended voyage, and. il
not, whether su oh repairs can be mado OF
deficiencies supplied where the vessel Their
lies, or whether it is necessary for her tt
proceed to the nearest or most conve nlen1
place where such repairs can be made o.
deficiencies supplied; and the master ane
the crew shall, in all things, conform te
tho Judgment. The master or command
er shall. in the first instance. pay all thu
to be taxed and allowed on fair copy
thereof, certified by the Judge or justice
But If the complaint OF the crew shall ap
pear upor the report and Judgment &c
have been without foundation, the master
| or commander, or the owner or conslgnet
of suoh vessel, shall deduct the amount
| thereof, and of reasonable dam ages fol
| the detention, to be ascertained by tht
| Judge or Justice, out of the wages OF TIT
complaining seamen."
SEQ. 3. That section forty five hun dret
and fifty eight Of the Revised STATUTES
be. and hereby is, amended to read al
| follows:
"Ssc. 1853 If, after Judgment tina
such vessel Is fit to proceed on her 'nteno
ed VOYAGE. or after procuring such men
provisions. stores, repairs or alterations
| as may be directed, tae seamen. or el6be
| of them, shall refuse 20 proceed on tn'
voyage, he shall forfeit any wages that
may be due him.
SEQ. 10. That section forty-fiye hun
dred and flfty-nine of the Revised
| Statutes be, and hereby is, amended &
read as follows:
/ "Sec. 1859. Upon complaint in wri
ting, signed by the first or second office
and a majority OF the crew of any vesse
while In foreign port, that such yesse
| is in an unsuitable condition to go to SCI
| because she is leaky or insufticiently sup
| piled with sails, rigging, anchors, or an,
| other equipment, or that the Grew Is In
sufficient to man her, or that her pro
visions, stores and supplies are not, O
have not been during the voyage
| sufficient and wholesome; thereupon, II
| any of these or like cases, the consul, 0
a commercial agent who may disoharg
any duties of a consul, shall cause 10 D
appointed three persons, of like quaiiflea
tions with those described in section for
ty-tive hundred and fifty seven. whit
shall proceed to examine into the cause
of complaint, and they shall be goyerne
in all their proceedings and proceed q
proyided in seotion forty live hundred an
fifty seven"
SEQ. II. That saction forty five hun
dred and sixty-one of the Revised ota'
utes be- and is hereby, amended to real
as follows:
"Sec. 1851. The inspectors in their re
mort shall also state whether in thel
opinion the vessel was sent to sea insult
ABLY provided in any important or essen
tiai particular, by neglect or design, q
through mistake or accident; and in cas-
it was by neglect or design, and the coz
sular officer approves of such finding, n
shall discharge such of the crew as n
quest it, and shall require the paymer
nv the master of one months wages re
each seaman over and above the wage
then due, or sufficient money for the r
tnrn of such of the crew as desire to .
discharged to the nearest and most cor
yenient port of the United States, or b.
} furnishing the seamen who SO desire
he discharged with employment on shi
agreed to BY them. But If in the opinio
} of the inspectors the defects or dehciei
ojes found to exist have been the result
mistake or accident, and could not,
the exercise of ordinary care, have bee
known and provided against before tt
sailing OF the vessel, and the master sha
in "A reasonable time remove or remed
the causes of complaint, then the Gre
shall remain and discharge their duty.
any person knowingly sends or attempt
tn send. or is party to the sending or n