The district of Barnstable shall include all the waters and shores within the county 2 March 1799. of Barnstable. Barnstable. The district of Nantucket shall include the island of Nantucket. The district of Edgartown shall include all the waters and shores within the county Edgartown. of Duke's county. The district of New Bedford shall include all the waters and shores within the towns New Bedford. of New Bedford, Dartmouth, Westport, Rochester and Wareham, together with all the islands within the county of Bristol. The district of Dighton shall include all the waters and shores on Taunton river and Dighton. in the town of Rehoboth. 2 Stat. 310. Cambridge. 5. The town or landing place of Cambridge, in the state of Massachusetts, shall be a 11 Jan. 1805 3 1. port of delivery, to be annexed to the district of Boston and Charlestown, and shall be subject to the same regulations as other ports of delivery in the United States. 6. The town or landing place of Roxbury, in the state of Massachusetts, shall be a 22 Jan. 1806 ? 3. port of delivery, to be annexed to the district of Boston and Charlestown, and shall be subject to the same regulations and restrictions, as other ports of delivery in the United Roxbury. States. 2 Stat. 349. 7. There shall, from and after the first day of April next, be established in the village 2 March 1833 § 1. of Fall River, near the mouth of Taunton Great river, in Massachusetts, a port of entry and delivery. 8. The office of the collection of the customs in Dighton, Massachusetts, shall, from and after the first day of April next, be discontinued. 4 Stat. 651. Fall River. Ibid. 2. 9. That Dorchester, in the state of Massachusetts, be and the same is hereby declared 30 June 1834 3 1. to be a port of delivery. 4 Stat. 715. 5 Stat. 146. 10. The said district, now known and called by the name of the Dighton district, shall 13 Feb. 1837 1. be called the district of Fall River; and as such shall be made a port of entry for vessels arriving from the Cape of Good Hope, and from places beyond the same, any law now in Fall River disforce to the contrary notwithstanding. trict. 5 Stat. 381. 11. That Sippican and Mattapoisett, harbors within the township of Rochester, in the 27 May 1840 & 1. state of Massachusetts, be hereafter respectively known as ports under those names within the collection district of New Bedford; and that the respective inhabitants thereof be Sippican and Mattapoisett authorized to describe, as the law requires, their vessels as belonging to the respective places instead of Rochester. 5 Stat. 504. 12. That all that part of the town of Tiverton, in the state of Rhode Island, which 9 Aug. 1842 31. lies north of the south line of the farm of William Slade, and of the farm of the heirs of Boylston Brayton, to Wattupper Pond, and by said pond to the south line of the state Part of Tiverton of Massachusetts, and the waters and shores adjoining thereto, be and the same is hereby River district. annexed to, and made a part of the collection district of Fall River, in the state of Massachusetts. annexed to Fall 13. The town of Essex, in the state of Massachusetts, now included in the collection 7 Aug. 1848 § 1. district of Newburyport, shall hereafter be included in, and form a part of, the collection district of Gloucester. 9 Stat. 275. Essex. 9 Stat. 511. entry. 14. The town of Chelsea, in the state of Massachusetts, shall be attached to and made 28 Sept. 1850 & 13. part of the port of entry and collection district of Boston and Charlestown, in the state of Massachusetts, as now existing by law; and goods imported into the port of Boston Chelsea, a port of and Charlestown, and destined for the port of Chelsea, may be landed and warehoused under the provisions of the warehousing act of 6th of August 1846, at Chelsea, under the custody and control of the collector of Boston and Charlestown. And the secretary of the treasury be and he is hereby authorized to appoint an inspector of customs for said port of Chelsea. Merchant Seamen. I SHIPMENT OF SEAMEN. 1. Shipping articles to be in writing. In default, the highest wages to be paid. Penalty. Seaman not bound. 2. Time of coming on board to be noted. Neglect to be entered. Penalty for such neglect. And for descrtion. 3. Penalty for harboring seamen. 4. List of ship's company to be delivered to collector. Master tu give bond for their return. &c. What to excuse forfeiture. 5. None but citizens to be shipped. 6. Naturalized citizens to produce certificate. 34. Master to pay charges, &c. 35. Crew to have liberty to complain, &c. 36. Penalty for neglect of consul to perform such duties. 37. By whom complaint of unseaworthiness to be signed. IV. SEAMEN'S WAGES. 38. Forfeiture of wages for absence without leave. To be noted on the log book. Damages. 39. One-third of wages due to be paid at each port. When wages demandable at last port of delivery. Proceedings for re 7. List of ship's crew to be examined and approved by collector. covery of wages in the admiralty. Process to issue. All seamen To be recorded. Certified copies to be evidence. 8. Regulations to be prescribed. 9. No foreign seaman to be received as a passenger without per mission. 10. Privileges of foreign consuls. 11. Penalty for violation by commanders of public vessels. 12. By masters of private vessels. How penalties recoverable. 13. Shipment of seamen in foreign ports. 14. What foreign seamen may be employed. 15. Not to interfere with treaty stipulations. 16. Limitation of suits. 17. How duplicate list to be made out. 18. Certified copy of shipping articles, &c. 19. To be produced to consuls, when necessary. 20. Alterations to be deemed fraudulent. 21. Consuls to enter seamen shipped in foreign ports. 22. Unauthorized shipments to be void. 23. Penalty for sailing without such documents or refusing to produce them. 24. Violations to be reported. II. PROTECTION OF SEAMEN. 25. Collectors to issue certificates of protection. Form of certificate. 26. In case of detention, masters to make protest. And transmit copy to consul or minister. Or to the secretary of state. 27. Law to be made known to masters of vessels. To make oath before entry. Penalty for neglect. 28. Quarterly account to secretary. 29. Abstracts to be laid before congress. III. COMPLAINTS OF SEAMEN. 30. Complaint may be made of unseaworthiness. Proceedings thereon. Survey to be ordered. Surveyors to report. Judgment. Costs. When to be deducted from wages. Penalty for refusing to proceed on the voyage. 31. Complaints may be made to consuls. Survey to be ordered. 20 July 1790 1. 1 Stat. 131. to be in writing. to join as complainants. Log-book, &c., to be produced. Remedy at common law. 45. When consuls may discharge seamen in foreign ports. Three months' wages to be paid. How appropriated. 46. Consuls may discharge at expiration of contract. Three months' wages to be paid. Interest on arrears. When discharge to be given without three months' pay. 47. In what cases consuls to discharge. Liability of consuls in case of discharge without requiring payment of extra wages. Necessaries to be paid for thereout. No extra wages in case of shipwreck. 48. List of seamen shipped and discharged to be kept by consuls. VII. RELIEF OF DESTITUTE SEAMEN. 49. Consuls to provide and send home destitute seamen. Masters to receive them on board. Terms. To do duty if alle.. Penalty for refusal to receive them. Consular certificate to be evidence. 50. When extra allowance may be made for bringing home des titute seamen. VIII. MISCELLANEOUS PROVISIONS. 51. Ships to be provided with medicine chests. Examination. Penalty for neglect. 52. What water and provisions to be on board. Penalty for short allowance. 53. Vessels of 75 tons bound to the West Indies, to have medicine chests. I. SHIPMENT OF SEAMEN. 1. Every master or commander of any ship or vessel bound from a port in the United States to any foreign port, (a) or of any ship or vessel of the burthen of fifty tons or Shipping articles upwards, bound from a port in one state to a port in any other than an adjoining state, (b) shall, before he proceed on such voyage, make an agreement in writing or in print, with every seaman or mariner (c) on board such ship or vessel, (except such as shall be apprentice or servant to himself or owners), declaring the voyage or voyages, (d) term or terms of time, (e) for which such seaman or mariner shall be shipped.(g) And highest wages to if any master or commander of such ship or vessel shall carry out any seaman or mariner (except apprentices or servants as aforesaid) without such contract or agreement being first made and signed by the seamen and mariners, such master or commander shall pay In default, the to be paid. (a) The act embraces seamen shipped on board such vessels in a foreign port. Gardner v. The New Jersey, 1 Pet. Adm. 223. (b) A general coasting and trading voyage in which the vessel is trading at ports in different states, is within the act. The Crusader, Ware, 437. And its provisions extend to the merchant marine upon the lakes and public navigable waters connecting the same. Wolverton v. Lacey, 8 Law Rep. 672. (c) Where no wages are stipulated in the shipping articles, a seaman may either prove, by parol evidence, what wages were agreed to be given, or may, under the statute, claim the highest rate payable at the port of shipment, within three months next preceding the date of the articles. The Warrington, 1 Bl. & How. 335. If, however, the amount of wages be omitted by mistake or accident, without fraud, it is competent to either party to show, by parol testimony, what the contract was in relation to wages. Wickham v. Blight, Gilp. 452. But see The Crusader, Ware, 437. (d) Parol proof offered by a shipowner to vary the voyage described in the shipping articles, is not admissible in an action in rem by the seamen for their wages. The Triton, 1 Bl. & How. 282. But a mariner may allege and prove that the shipping articles do not truly describe the voyage for which he was shipped, and may recover wages upon the ground that the voyage for which he contracted was different in length from that described in the articles, and that he was wrongfully discharged at the expiration of the voyage specified in the articles; and a mate is within the same rule. Page v. Sheffield, 2 Curt. C. C. 377. (e) If a seaman ships on a general trading voyage without any limitation of time, or any fixed terminus of the voyage, either (7) Courts of admiralty will not enforce, against seamen, stipu lations in shipping articles which operate to their disadvantage, and are inserted in the articles in addition to the stipulations recognised by this act; unless it appear, from evidence outside the articles, that the seamen fully understood the stipulations and received an adequate consideration therefor. Brown . Lull, 2 Sumn. 444. Harden v. Gordon, 2 Mas, 541. The Sarah Jane, 1 Bl. & How, 401. Of such a character is a stipulation that the seamen will prosecute their suits for wages in courts of common law only. Ibid. But a stipulation that the seamen shall not suo for wages until the vessel is unladen, is binding upon them, if fairly made. Granon e. Hartshorne, Ibid. 154. And see Curtis on Merchant Seamen, 53. to every such seaman or mariner (a) the highest price or wages which shall have been 20 July 1790. given, at the port or place where such seaman or mariner shall have been shipped, for a similar voyage, within three months next before the time of such shipping: Provided, Such seaman or mariner shall perform such voyage; (b) or if not, then for such time as he shall continue to do duty on board such ship or vessel; and shall moreover forfeit Penalty. twenty dollars for every such seaman or mariner, one-half to the use of the person prosecuting for the same, the other half to the use of the United States. And such seaman or mariner, not having signed such contract, shall not be bound by the regulations, nor Seaman not subject to the penalties and forfeitures contained in this act. (c) bound. noted. entered. 2. At the foot of every such contract, there shall be a memorandum in writing, of the Ibid. 2 2. day and the hour on which such seaman or mariner, who shall so ship and subscribe, Time of coming shall render themselves on board, to begin the voyage agreed upon. And if any such on board to be seaman or mariner shall neglect to render himself on board the ship or vessel, for which he has shipped, at the time mentioned in such memorandum, and if the master, com- Neglect to be mander or other officer of the ship or vessel, shall, on the day on which such neglect happened, make an entry in the log-book of such ship or vessel, of the name of such seaman or mariner, and shall in like manner note the time that he so neglected to render himself (after the time appointed), every such seaman or mariner shall forfeit Penalty for such for every hour which he shall so neglect to render himself, one day's pay, according to neglect. the rate of wages agreed upon, to be deducted out of his wages. (d) And if any such seaman or mariner shall wholly neglect to render himself on board of such ship or vessel, or having rendered himself on board, shall afterwards desert and escape, so that the ship or vessel proceed to sea without him, every such seaman or mariner shall forfeit and pay And for deserto the master, owner or consignee of the said ship or vessel, a sum equal to that which shall have been paid to him by advance at the time of signing the contract, over and besides the sum so advanced; both which sums shall be recoverable in any court, or before any justice or justices of any state, city, town or county within the United States, which, by the laws thereof, have cognisance of debts of equal value, against such seaman or mariner, or his surety or sureties, in case he shall have given surety to proceed the Voyage. tion. Ibid. 4. Penalty for har 3. If any person shall harbor or secrete any seaman or mariner belonging to any ship or vessel, knowing them to belong thereto, every such person, on conviction thereof before any court in the city, town or county where he, she or they may reside, shall forfeit and boring scamen. pay ten dollars for every day which he, she or they shall continue so to harbor or secrete such seaman or mariner, one-half to the use of the person prosecuting for the same, the other half to the use of the United States. And no sum exceeding one dollar, shall be recoverable from any seaman or mariner by any one person, for any debt contracted during the time such seaman or mariner shall actually belong to any ship or vessel, until the voyage for which such seaman or mariner engaged shall be ended. 2 Stat. 203. company to be lector. 4. That before a clearance be granted to any vessel bound on a foreign voyage, (e) the 28 Feb. 1803 2 1. master thereof shall deliver to the collector of the customs, a list, containing the names, places of birth and residence, and a description of the persons who compose his ship's List of ship's company; to which list the oath or affirmation of the captain shall be annexed, that the delivered to colsaid list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them; and the said collector shall deliver him a certified copy thereof, (g) for which the collector shall be entitled to receive the sum of twentyfive cents. And the said master shall moreover enter into bond with sufficient security, (h) Master to give in the sum of four hundred dollars, (i) that he shall exhibit the aforesaid certified copy turn, &c. of the list to the first boarding officer, at the first port in the United States, at which he shall arrive on his return thereto, and then and there also produce the persons named therein, to the said boarding officer; whose duty it shall be to examine the men with such list, and to report the same to the collector; and its hall be the duty of the collector at the said port of arrival, (where the same is different from the port from which the vessel originally sailed), to transmit a copy of the list so reported to him, to the collector of the port from which said vessel originally sailed: Provided, That the said bond shall not be for (a) A female shipped as cook and steward is entitled to all the rights, and subject to all the disabilities of a seaman or mariner. Wolverton v. Lacey, 8 Law Rep. 672. The Schooner Brandywine, 1 Newb. 5. But this provision does not apply to seamen upon tug boats. Milligan v. The Propeller B. F. Bruce, Ibid. 539. (b) The voyage ends when the vessel is safely moored at her port of final destination. Granon v. Hartshorne, 1 Bl. & How. 454. See United States v. Barker, 5 Mas. 404. Cloutman v. Tunison, 1 Sumn. 373. The Martha, 1 Bl. & How. 151. (c) He must be paid according to this act, but is entitled to all the benefits and subject to all the forfeitures prescribed by the maritime law. Jameson v. The Regulus, 1 Pet. Adm. 212. If the articles do not sufficiently describe the voyage, he may leave the vessel at any time; and if the master imprison him because he bond for their re What to excuse forfeiture. refuses to remain and do duty, this is a tort. Snow v. Wope, 2 Curt. C. C. 301. (d) See Thompson v. The Philadelphia, 1 Pet. Adm. 210. A whaling voyage was held not to be a foreign voyage within the meaning of this act. Taber v. United States, 1 Story, 1. But this section was extended to vessels engaged in the whale fishery, by act 4 April 1840. See tit. "Fisheries," 20. (g) See infra, 17. (h) Such bond is valid, though not expressed to be taken in pursuance of the act, and though it do not state on its face which of the obligors is the principal, and which the surety. United States v. Hatch, 1 Paine, 336. (i) This is intended as a forfeiture, and not as a penalty to cover such damages as may be assessed. United States v. Hatch, 1 Paine, 337. 28 Feb. 1803. feited on account of the said master not producing to the first boarding officer, as aforesaid, any of the persons contained in the said list, who may be discharged in a foreign country, with the consent of the consul, vice-consul, commercial agent or vice-commercial agent there residing, (a) signified in writing, under his hand and official seal, to be produced to the collector with the other persons composing the crew as aforesaid; nor on account of any such person dying or absconding, or being forcibly impressed into other service, of which satisfactory proof shall be then also exhibited to the collector. 3 March 181321. 2 Stat. 809. 5. It shall not be lawful to employ on board any of the public or private vessels of the United States any person or persons except citizens of the United States, or persons of None but citizens color, natives of the United States. to be shipped. Ibid. 2. Naturalized citi 6. It shall not be lawful to employ as aforesaid any naturalized citizen of the United States, unless such citizen shall produce to the commander of the public vessel, if to be zens to produce employed on board such vessel, or to a collector of the customs, a certified copy of the act by which he shall have been naturalized, setting forth such naturalization and the time thereof. certificate. Ibid. 3. List of ship's crew to be examined and ap proved by col 7. In all cases of private vessels of the United States sailing from a port in the United States to a foreign port, the list of the crew, made as heretofore directed by law, shall be examined by the collector for the district from which the vessel shall clear out, and, if approved of by him, shall be certified accordingly. And no person shall be admitted or employed as aforesaid, on board of any vessel as aforesaid, unless his name shall have been entered in the list of the crew, approved and certified by the collector for the disTo be recorded. trict from which the vessel shall clear out as aforesaid. (b) And the said collector, before he delivers the list of the crew, approved and certified as aforesaid, to the captain, master or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a book by him for that purpose to be provided; and the said record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in Certified copies to evidence in any court in which any question may arise, under any of the provisions of this act. be evidence. Ibid. 4. Regulations to be prescribed. Ibid. 5. No foreign sea 8. That the president of the United States be and he is hereby authorized from time to time to make such further regulations, and to give such directions to the several commanders of public vessels, and to the several collectors, as may be proper and necessary, respecting the proofs of citizenship to be exhibited to the commanders or collectors aforesaid: Provided, That nothing contained in such regulations or directions shall be repugnant to any of the provisions of this act. 9. No seaman or other seafaring man, not being a citizen of the United States, shall be admitted or received as a passenger on board of any public or private vessel of the United States, in a foreign port, without permission in writing from the proper officers senger without of the country of which such seaman or seafaring man may be subject or citizen. man to be re ceived as a pas permission. Ibid. 6. Privileges of foreign consuls. Ibid. 7. 10. The consuls or commercial agents of any nation at peace with the United States shall be admitted (under such regulations as may be prescribed by the president of the United States) to state their objections to the proper commander or collector as aforesaid, against the employment of any seaman or seafaring man on board of any public or private vessel of the United States, on account of his being a native subject or citizen of such nation, and not embraced within the description of persons who may be lawfully employed, according to the provisions of this act; and the said consuls or commercial agents shall also be admitted under the said regulations, to be present at the time when the proofs of citizenship of the persons against whom such objections may have been made, shall be investigated by such commander or collector. 11. If any commander of a public vessel of the United States shall knowingly employ Penalty for viola- or permit to be employed, or shall admit or receive, or permit to be admitted or received, on board his vessel, any person whose employment or admission is prohibited by the provisions of this act, he shall on conviction thereof forfeit and pay the sum of one thousand dollars for each person thus unlawfully employed or admitted on board such vessel. tion by commanders of public vessels. Ibid. 28. By masters of private vessels. 12. If any person shall, contrary to the prohibitions of this act, be employed or be received on board of any private vessel, the master or commander, and the owner or owners of such vessel, knowing thereof, shall respectively forfeit and pay five hundred dollars for each person thus unlawfully employed or received in any one voyage; which sum or sums shall be recovered, although such seaman or person shall have been admitted and entered in the certified list of the crew aforesaid, by the collector for the district to which the vessel may belong. And all penalties and forfeitures arising under or incur (a) To save the forfeiture, the certificate of the consul must state that the seamen were left in a foreign port with his consent. A certificate that they were left in a hospital unable to return, and that the master had paid for their maintenance, and left the amount of their wages, was held insufficient, and parol evidence of the consent of the consul or seamen inadmissible. United States v. Hatch, 1 Paine, 336. And see 7 Opin. 349. (b) No indictment lies against the master of a vessel for dis charging irregularly in a foreign port, a seaman shipped irregue larly in the United States. But a qui tam action lies for the irre gular shipment, under 8 of the act, (infra, 12). 7 Opin. 730. red by virtue of this act, may be sued for, prosecuted and recovered, with costs of suit, 3 March 1813. by action of debt; and shall accrue and be, one moiety thereof to the use of the person How penalties rewho shall sue for the same, and the other moiety thereof to the use of the United coverable. States. 13. Nothing in this act contained shall be construed to prohibit any commander or Ibid. 29. master of a public or private vessel of the United States, whilst in a foreign port or shipment of seaplace, from receiving any American seamen in conformity to law, or supplying any de- men in foreigu ficiency of seamen on board such vessel, by employing American seamen, or subjects of such foreign country, the employment of whom shall not be prohibited by the laws thereof. ports. 14. The provisions of this act shall have no effect or operation with respect to the Ibid. 10. employment as seamen, of the subjects or citizens of any foreign nation which shall not, What foreign sea by treaty or special convention with the government of the United States, have prohi- men may be employed. bited on board of her public and private vessels the employment of native citizens of the United States, who have not become a citizen or subject of such nation. 15. Nothing in this act contained shall be so construed as to prevent any arrangement Ibid. 11. between the United States and any foreign nation, which may take place under any Not to interfere treaty or convention, made and ratified in the manner prescribed by the constitution of with treaty the United States. stipulations. 16. No suit shall be brought for any forfeiture or penalty incurred under the provi- Ibid. 14. sions of this act, unless the suit be commenced within three years from the time of the Limitation of forfeiture. suits. 5 Stat. 394. 17. The duplicate list of the crew of any vessel bound on a foreign voyage, made out 20 July 1840 & L pursuant to the act of February 28th 1803, shall be a fair copy in one uniform handwriting, without erasure or interlineation. Ibid. 2. 18. It shall be the duty of the owners of every such vessel to obtain from the collector of the customs of the district from which the clearance is made, a true and certified copy Certified copy of shipping articles, of the shipping articles, containing the names of the crew, which shall be written in a &c. uniform hand, without erasures or interlineations. to consuls, when 19. These documents which shall be deemed to contain all the conditions of contract Ibid. 2 3. with the crew as to their service, pay, voyage and all other things, shall be produced by To be produced the master, and laid before any consul or other commercial agent of the United States, necessary. whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance. 20. All interlineations, erasures or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, (a) working no Alterations to be change in such papers, unless satisfactorily explained in a manner consistent with inno-deemed fraudu cent purposes and the provisions of law which guard the rights of mariners. lent. Ibid. 4. 21. Whenever any master shall ship a mariner in a foreign port, he shall forthwith Ibid. 28. take the list of his crew and the duplicate of the shipping articles to the consul or per- Consuls to enter scamen shipped son who discharges the duties of the office at that port, who shall make the proper entries in foreign ports. thereon, setting forth the contract, and describing the person of the mariner; and thereupon the bond originally given for the return of the men shall embrace each person so shipped. Ibid. 10. 22. All shipments of seamen, made contrary to the provisions of this and other acts of congress, shall be void; (b) and any seamen so shipped may leave the service at any Unauthorized time, and demand the highest rate of wages paid to any seaman shipped for the voyage, void. shipments to be or the sum agreed to be given him at his shipment. Penalty for saildocuments or ro 23. If any master of a vessel shall proceed on a foreign voyage without the documents Ibid. 19. herein required, or refuse to produce them when required, or to perform the duties imposed by this act, or shall violate the provisions thereof, he shall be liable to each and ing without such every individual injured thereby in damages; and shall, in addition thereto, be liable to pay a fine of one hundred dollars for each and every offence, (c) to be recovered by any person suing therefor, in any court of the United States in the district where such delinquent may reside or be found. (d) fusing to produce them. Ibid. 20. 24. It shall be the duty of the boarding officer to report all violations of this act, to the collector of the port where any vessel may arrive; and the collector shall report the Violations to be same to the secretary of the treasury, and to the attorney of the United States in his reported. district. II. PROTECTION OF SEAMEN. 25. The collector of every district shall keep a book or books in which, at the request 28 May 1796 § 4. of any seaman being a citizen of the United States of America, and producing proof of (a) This applies to alterations which would vary their effect with respect to the seamen: immaterial erasures will be disregarded. The Eagle, Olcott, 232. (b) See Snow v. Wope, 2 Curt. C. C. 301. Page v. Sheffield, Ibid. 880-1. 1 Stat. 477. (c) A claim for personal damages cannot be included in the same bel with a claim for the fine recoverable under this act Knowlton v. Ross. 2 Law. Rep. 13. (d) It is questionable, whether the admiralty have jurisdiction to enforce this fine. Knowlton v. Ross, 2 Law Rep. 13. |