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46 $ 526n. Same; arrest; procedure after arrest1

Any officer of the United States authorized to enforce the navigation laws of the United States, shall have power and authority to swear out process and to arrest and take into custody, with or without process, any person who may commit any act or offense prohibited by section 5261 of this title, or who may violate any provision of said section: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: Provided further, That whenever an arrest is made under the provisions of this subchapter, the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offense alleged against him, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States.

1

46 $ 5260. Violations generally; penalties 1

If any motor boat or vessel subject to any of the provisions of this subchapter is operated or navigated in violation of this subchapter or any regulation issued thereunder, the owner or operator, either one or both of them, shall, in addition to any other penalty prescribed by law, be liable to a penalty of $100: Provided, That in the case of motorboats or vessels subject to the provisions of this subchapter carrying passengers for hire, a penalty of $200 shall be imposed on the owner or operator, either one or both of them, thereof for any violation of sections 526e, 526f, or 526g of this title or of any regulations pertaining thereto. For any penalty incurred under this section the motorboat or vessel shall be held liable and may be proceeded against by way of libel in the district court of any district in which said motorboat or vessel may be found.

46 $ 526p. Regulations; remission or mitigation of fines, penalties, etc. 1

The Commandant of the Coast Guard shall establish all necessary regulations required to carry out in the most effective manner all of the provisions of this subchapter, and such regulations shall have the force of law. The Commandant of the Coast Guard or any officer of the Coast Guard authorized by the Commandant may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture incurred under this subchapter or any regulation thereunder relating to motorboats or vessels, except the penalties provided for in section 526m of this title. The Commandant of the Coast Guard shall establish such regulations as may be necessary to secure the enforcement of the provisions of this subchapter by any officer of the United States authorized to enforce the navigation laws of the United States.

1 This section does not apply to “boats" as defined in 46 U.S.C. 1452.

46 8 526q. Application of other laws

The proviso contained in the last paragraph of section 223 of this title shall apply also with like force and effect to motorboats as defined in this subchapter.

Motorboats as defined in this subchapter are exempted from the provisions of section 361 of this title.

46 § 526r. Laws unaffected

Nothing in this suchapter shall be deemed to alter or amend section 367 or 391a of this title, or repeal Acts of Congress or treaties embodying or revising international rules for preventing collisions at sea.

46 § 526s. Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.

46 $ 526u. Application of subchapter; "State" defined

(a) This subchapter applies to every motorboat or vessel on the navigable waters of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia, and every motorboat or vessel owned in a State and using the high seas, except that the provisions of this subchapter other than sections 526k, 526q, and 526r of this title do not apply to boats as defined in and subject to the Federal Boat Safety Act of 1971.

(b) As used in this subchapter

The term "State" means a State of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia.

Chapter 18.—MERCHANT SEAMEN

SHIPPING COMMISSIONERS

Sec. 542a. Demanding or receiving remuneration for supplying seamen for mer

chant vessels; penalty. 543. When officers of customs shall act. 544. Vessels in coastwise trade. 545. Duties 546. Penalty for personating shipping commissioner.

SHIPMENT OF CREW 561. Apprentices.

Indenture of apprentice to be produced; assignment. 563. Shipment of crews; shipping agreements. 564.

Shipping articles. 565. Rules for shipping articles. 566.

Exception as to shipping articles. 567. Penalty for shipping without agreement.

562.

1 Functions of officers of Customs Service were transferred to the Commandant, USCG.

Sec. 568. 569. 570. 571. 572. 573. 574. 575. 576. 577. 578.

592. 593.

594. 595. 596. 597. 598. 599. 600. 601.

602. 603. 604. 605. 606. 607. 608.

Penalty for knowingly shipping seamen without articles.
Shipping seamen to replace those lost by desertion or casualty.
Shipping seamen in foreign ports.
Penalty for violating section 570 of this title.
Voyage or term for which seamen may be shipped; reshipment.
Voyage or term of seamen shipped in foreign port; reshipment; bond.
Shipping articles for vessels in coasting trade.
Penalty for shipping without articles.
Penalty for omitting to begin voyage.
Posting copy of agreement.
Unlawful shipments void.

WAGES OF MASTERS AND SEAMEN
Wages not dependent on freight earned.
Termination of wages by loss of vessel; transportation to place of

shipment.
Right to wages in case of improper discharge.
Conduct as affecting right.
Time for payment.
Payment at ports.
Vessels engaged in taking oysters.
Advances and allotments.
Agreements as to loss of lien or right to wages.
Attachment or arrestment of wages; support of wife and minor children;

State tax laws.
Limit of sum recoverable during voyage.
Summons for nonpayment.
Libel for wages.
Wages payable in gold.
Master's lien for wages against vessel.
Same; proceeding for enforcement.
Same; definition of master.

WAGES ON CANAL BOATS
Libel of canal boats for wages.

EFFECTS OF DECEASED SEAMEN
Duty of master where seaman dies during voyage.
Proceedings in regard to effects.
Penalty for neglect of master.
Duties of consular officers.
Effects of seaman dying within the United States.
Payment to district court.
Distribution by district court.
Unclaimed wages and effects.

DISCHARGE
Mode.
Accounting as to wages.
Continuous discharge book and certificate of identification.

(a) Issuance; form and contents.
(b) Evidence of citizenship.
(c) Exhibition of discharge book or certificate before employment.
(d) Entries.
(e) Certificate of discharge; issuance; form and contents.
(f) Records of discharge books and certificates.
(8) Election to carry discharge book or certificate; penalty for

discrimination because of. (h) Loss of discharge book or certificate. (i) Application to fishing or whaling vessels or yachts. (j) Enforcement by Commandant of the Coast Guard. (k) Performance of duties by collector, deputies, or masters. (1) Report by master of employment of discharge of seaman not

shipped or discharged before Coast Guard official.

611.

621. 622. 623. 624. 625. 626. 627. 628.

641. 642. 643.

Sec. 643a. Same; exception as to unrigged vessels. 643b. Same; extension of section 643 (1) to other vessels and waters in national

interest. 644. Rules for settlement. 645. Certificate of character. 646. Discharge of crews in coastwise trade.

PROTECTION AND RELIEF 651. Coast Guard official as arbiter. 652. Examination of witnesses. 653. Complaint that vessel is unseaworthy. 654. Proceedings on examination of vessel. 655. Refusal to proceed when vessel found seaworthy. 656. Appointment of inspectors by consul in foreign port. 657. Report of inspectors. 658. Discharge of crew on account of unseaworthiness; penalty for sending

unseaworthy vessel to sea. 659. Payment of charges for inspection. 660. Refusal to pay wages and charges. 660-1. Şpace and accommodations for crew; hospital compartments. 660a. Inspection of crew quarters.

(a) Time and extent.

(b) Withdrawal of certificate of inspection; penalty. 660b. Same; exception as to unrigged vessels. 661. Neglect to provide sufficient stores. 662. Complaint as to provisions or water; examination. 663. Forfeiture for false complaint as to provisions or water. 664. Permission from master to enter complaint as to provisions or water. 665. Allowance for reduction of provisions. 666. Medicines. 667. Penalty for failure to keep medicines. 668. Weights and measures. 669. Clothing and heat. 670. Slop chests. 671. Same; vessels engaged in whaling or fishing business. 672. Requirements, qualifications, and regulations as to crews.

(a) Qualifications.
(b) Certificate of service as able seaman.
(c) Record of certificates of service.
(d) Muster of the crew on motion or information; rules and regula-

tions; examination of applicant for certificate of service as

able seaman; new certificates.
(e) Members of engine department.
(1) Rules as to certificates of service or efficiency.
(g) Certificates of service for other ratings.
(h) Suspension or revocation of certificates of service or efficiency.

Penalty for serving without certificate of service.
(j) Effect of section on other laws.
(k) Freedom of seamen umimpaired.

(1) Effective date of section.
672-1. Exception to section 672; certain sail vessels.
672-2. Same; certain persons as able seamen.
672a. Nationality of crews.

(a) Officers and pilots.
(b)

Seamen.
(c) Vacancies on foreign voyage.

(d) Penalty for violating section.
672b. Exceptions to section 672; unrigged vessels, tugs, and towboats.

(a) Able seamen; rating.

(b) Service and rating equal to coal passer or wiper. 672b-1. Exception to section 672; seagoing barges. 672c. Definitions. 673. Requirements as to watches; duties of seamen; hours of work; penalty;

right of seamen to discharge; effective date. 674. List of crew to be delivered to collector.

Sec. 675. 676. 677.

Certificate to list of crew; record.
Rules as to list of crew.
Production of copy of list on return of vessel; production of persons

named.
Subsistence to destitute seamen; return to United States.
Transportation of destitute seamen to United States.

678. 679.

SHIPPING COMMISSIONERS

46 $ 542a. Demanding or receiving remuneration for supplying seamen for merchant vessels; penalty

Every Coast Guard official to whom the duties of shipping commissioner have been delegated and every clerk or employee in any shipping office, who demands or receives any remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant vessels shall for every such offense be liable to a penalty of not more than $200.

46 § 543. When officers of customs shall act

In any port in which no Coast Guard official to perform the duties of shipping commissioner shall have been appointed, the whole or any part of the business of a shipping commissioner shall be conducted by the collector or deputy collector of customs of such port; and in respect of such business such customhouse shall be deemed a shipping office, and the collector or deputy collector of customs to whom such business shall be committed, shall, for all purposes, be deemed a Coast Guard official to whom the duties of shipping commissioner within the meaning of title 53 of the Revised Statutes has been delegated.

46 8 544. Vessels in coastwise trade

None of the provisions of sections 201-203, 542a, 545, 546, 561, 562, 564-571, 577, 578, 591-595, 600, 621_628, 641, 642, 644, 645, 651, 652, 662_669, 703-709, 711, 713 of this title shall apply to sail or steam vessels engaged in the coastwise trade, except the coastwise trade between the Atlantic and Pacific coasts, or in the lake-going trade touching at foreign ports or otherwise, or in the trade between the United States and the British North American possessions, or in any case where the seamen are by custom or agreement entitled to participate in the profits or result of a cruise, or voyage.

46 $ 545. Duties

The general duties of a Coast Guard official to whom the duties of shipping commissioner have been delegated shall be:

First. To afford facilities for engaging seamen by keeping a register of their names and characters.

Second. To superintend their engagement and discharge, in manner prescribed by law.

Third. To provide means for securing the presence on board at the proper times of men who are so engaged.

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