TWENTY-SIXTH CONGRESS. Sess.I. Ch.48. 1840.
Third. These documents which shall be deemed to contain all theconditions of contract with the crew as to their service, pay, voyage,and all other things, shall be produced by the master, and laid beforeany consul, or other commercial agent of the United States , wheneverhe may deem their contents necessary to enable him to discharge theduties imposed upon him by law toward any mariner applying to himfor his aid or assistance.
Fourth. All interlineations, erasures, or writing in a hand differentfrom that in which such duplicates were originally made, shall be deemedfraudulent alterations, working no change in such papers, unless satis-factorily explained in a manner consistent with innocent purposes andthe provisions of law which guard the rights of mariners.
Fifth. Any consul of the United States , and in case there is noneresident at a foreign port, or he is unable to discharge his duties, thenany commercial agent of the United States authorized to perform suchduties, may, upon the application of both the master and any marinerof the vessel under his command, discharge such mariner, if he thinksit expedient, without requiring the payment of three months’ wages,under the provisions of the act of the twenty-eighth of February, eigh-teen hundred and three, or any other sum of money.
Sixth. Any consul, or other commercial agent, may also, on suchjoint application, discharge any mariner on such terms as will, in hisjudgment, save the United States from the liability to support suchmariner, if the master gives his voluntary assent to such terms, andconforms thereto.
Seventh. When a mariner is so discharged, the officer discharginghim shall make an official entry thereof upon the list of the crew andthe shipping articles.
Eighth. Whenever any master shall ship a mariner in a foreign port,he shall forthwith take the list of his crew and the duplicate of the ship-ping articles to the consul, or person who discharges the duties of theoffice at that port, who shall make the proper entries thereon, settingforth the contract, and describing the person of the mariner ; and there-upon the bond originally given for the return of the men shall embraceeach person so shipped.
Ninth. When any mariner shall complain that the voyage is conti-nued contrary to his agreement, or that he has fulfilled his contract, theconsul, or other commercial agent performing like duties, may examineinto the same by an inspection of the articles of agreement: and if onthe face of them he finds the complaint to be well founded, he shall dis-charge the mariner, if he desires it, and require of the master an ad-vance, beyond the lawful claims of such mariner, of three months’wages, as provided in the act of February twenty-eighth, eighteen hun-dred and three; and in case the lawful claims of such mariner are notpaid upon his discharge, the arrears shall from that time bear an inte-rest of twenty per centum: Provided, however, If the consul or othercommercial agent shall be satisfied the contract has expired, or the voy-age been protracted by circumstances beyond the control of the master,and without any design on his part to violate the articles of shipment,then he may, if he deems it just, discharge the mariner without exact-ing the three months’ additional pay.
Tenth. All shipments of seamen, made contrary to the provisions ofthis and other acts of Congress , shall be void; and any seamen so ship-ped may leave the service at any time, and demand the highest rate ofwages paid to any seaman shipped for the voyage, or the sum agreed tobe given him at his shipment.
Eleventh. It shall be the duty of consuls and commercial agents toreclaim deserters and discountenance insubordination by every meanswithin their power; and where the local authorities can be usefully
393
These to beproduced to theconsul, &.c .;when.
Interlineations,
&c.
Consul, &c.may dischargemariners with-out 3 months’wages requiredby act of 28thFeb. 1803, ch.9, &c.
Consuls, &c.may dischargemariners onother terms.
Entry to bemade of mari-ners so dis-charged.
Consuls, &c.to make an en-try of marinersshipped in aforeign port.
Consuls, &c.to examine cer-tain complaintsof mariners.
Proviso.
Consuls, &c.to reclaim de-serters, &.c.