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TWENTY-SIXTH CONGRESS. Sess. I. Ch. 48. 1840.

Consul, &c.on complaintthat a vessel isin an unsuitablecondition to goto sea, shall ap-point persons tomake an exami-nation, &c.

Power and du-ty of the in-spectors.

Duty of theconsul, &.c.

Inspectors tostate whetherthe vessel wassent to sea un-suitably pro-vided, &,c.

Duty of theconsul, &.c.

Charges howto be paid, &c.

Crews of ves-sels to have thefullest liberty tolay their com-plaints beforethe consul, &c.

Apprehended

deserters.

employed for that purpose, to lend their aid and use their exertions tothat end in the most effectual manner.

Twelfth. If the first officer, or any officer, and a majority of the crewof any vessel shall make complaint in writing that she is in an unsuita-ble condition to go to sea, because she is leaky, or insufficiently sup-plied with sails, rigging, anchors, or any other equipment, or that thecrew is insufficient to man her, or that her provisions, stores, and sup-plies are not, or have not been, during the voyage, sufficient and whole-some, thereupon, in any of these or like cases, the consul or commer-cial agent who may discharge any duties of a consul shall appoint twodisinterested, competent practical men, acquainted with maritime af-fairs, to examine into the causes of complaint, who shall in their reportstate what defects and deficiencies, if any, they find to be well founded,as well as what, in their judgment, ought to be done to put the vesselin order for the continuance of her voyage.

Thirteenth. The inspectors so appointed shall have full power toexamine the vessel and whatever is aboard of her, so far as is pertinentto their inquiry, and also to hear and receive any other proofs whichthe ends of justice may require, and if, upon a view of the whole pro-ceedings, the consul, or other commercial agent shall be satisfied there-with, he may approve the whole or any part of the report, and shall cer-tify such approval, and if he dissents, shall also certify his reasons forso dissenting.

Fourteenth. The inspectors in their report shall also state whether,in their opinion, the vessel was sent to sea unsuitably provided in anyimportant or essential particular, by neglect or design, or through mis-take or accident, and in case it was by neglect or design, and the con-sul or other commercial agent approves of such finding, he shall dis-charge such of the crew as require it, each of whom shall be entitled tothree months’ pay in addition to his wages to the time of discharge;but, if in the opinion of the inspectors the defects or deficiencies foundto exist have been the result of mistake or accident, and could not, inthe exercise of ordinary care, have been known and provided againstbefore the sailing of the vessel, and the master shall, in a reasonabletime, remove or remedy the causes of complaint, then the crew shallremain and discharge their duty; otherwise they shall, upon their re-quest, be discharged, and receive each one month’s wages in additionto the pay up to the time of discharge.

Fifteenth. The master shall pay all such reasonable charges in thepremises as shall be officially certified to him under the hand of theconsul or other commercial agent, but in case the inspectors report thatthe complaint is without any good and sufficient cause, the master mayretain from the wages of the complainants, in proportion to the pay ofeach, the amount of such charges, with such reasonable damages fordetention on that account as the consul or other commercial agent di-recting the inquiry may officially certify.

Sixteenth. The crew of any vessel shall have the fullest liberty to laytheir complaints before the consul or commercial agent in any foreignport, and shall in no respect be restrained or hindered therein by themaster or any officer, unless some sufficient and valid objection existagainst their landing; in which case, if any mariner desire to see theconsul or commercial agent, it shall be the duty of the master to ac-quaint him with it forthwith; stating the reason why the mariner is notpermitted to land, and that he is desired to come on board; whereuponit shall be the duty of such consul or commercial agent to repair onboard and inquire into the causes of the complaint, and to proceedthereon as this act directs.

Seventeenth. In all cases where deserters are apprehended, theconsul or commercial agent shall inquire into the facts; and, if satisfied