stituted for consular officers in foreign ports, by Act July 1, 1902, c. 1369, § 84, ante, § 3905. See notes to R. S. § 4501, ante, § 8287. § 8316. (R. S. § 4525.) Wages not dependent on freight. No right to wages shall be dependent on the earning of freight by the vessel; but every seaman or apprentice who would be entitled to demand and receive any wages if the vessel on which he has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same of the master or owner in personam, notwithstanding that freight has not been earned. But in all cases of wreck or loss of vessel, proof that any seaman or apprentice has not exerted himself to the utmost to save the vessel, cargo, and stores, shall bar his claim. Act June 7, 1872, c. 322, § 32, 17 Stat. 268. § 8317. (R. S. § 4526, as amended, Act Dec. 21, 1898, c. 28, § 3.) Termination of wages by loss of vessel; transportation to place of shipment. In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such seaman shall be considered as a destitute seaman and shall be treated and transported to port of shipment as provided in sections forty-five hundred and seventy-seven, forty-five hundred and seventy-eight, and forty-five hundred and seventy-nine of the Revised Statutes of the United States. Act June 7, 1872, c. 322, § 33, 17 Stat. 269. Act Dec. 21, 1898, c. 28, § 3, 30 Stat. 755. This section, as enacted in the Revised Statutes, contained only the first sentence set forth here, ending with the words, "but not for any further period." The further provisions, beginning with the words "Such seaman shall be considered," etc., to the end of the section as set forth here, were added by amendment by Act Dec. 21, 1898, c. 28, § 3, cited above. Section 26 of said amendatory Act Dec. 21, 1898, c. 28, 30 Stat. 764, provided that the act should take effect sixty days after its approval, and should apply to all vessels not specifically exempted by the act, but that section 3 of the act, which amended this section as above stated, should not apply to fishing or whaling vessels or yachts. R. S. §§ 4577-4579, mentioned in this section as so amended, providing for the return of destitute seamen to some port in the United States, are set forth post, §§ 8368-8370. The provisions of this section and of R. S. §§ 4527-4530, 4535, 4536, 45424547, were made applicable to seamen shipped by shipping commissioners for vessels engaged in the coastwise trade, or the trade between the United States and Canada, Newfoundland, the West Indies, or Mexico, by Act Aug. 19, 1890, c. 801, as amended by Act Feb. 18, 1895, c. 97, and Act March 3, 1897, c. 389, § 8, ante, § 8293. See, also, notes to R. S. § 4501, ante, § 8287. § 8318. (R. S. § 4527.) Wages in case of improper discharge. Any seaman who has signed an agreement and is afterward discharged before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying such lischarge, and without his consent, shall be entitled to receive from the master or owner, in addition to any wages he may have earned, a sum equal in amount to one month's wages as compensation, and may, on adducing evidence satisfactory to the court hearing the case, of having been improperly discharged, recover such compensation as if it were wages duly earned. Act June 7, 1872, c. 322, § 21, 17 Stat. 266. See notes to R. S. §§ 4501, 4526, ante, §§ 8287, 8317. § 8319. (R. S. § 4528.) Suspension of wages. No seaman or apprentice shall be entitled to wages for any period during which he unlawfully refuses or neglects to work when required, after the time fixed by the agreement for him to begin work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offense committed by him. Act June 7, 1872, c. 322, § 34, 17 Stat. 269. See notes to R. S. §§ 4501, 4526, ante, §§ 8287, 8317. § 8320. (R. S. § 4529, as amended, Act Dec. 21, 1898, c. 28, § 4.) Time for payment. The master or owner of any vessel making coasting voyages shall pay to every seaman his wages within two days after the termination of the agreement under which he shipped, or at the time such seaman is discharged, whichever first happens; and in the case of vessels making foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the seaman shall, at the time of his discharge, be entitled to be paid, on account of wages, a sum equal to one-third part of the balance due him. Every master or owner who refuses or neglects to make payment in manner hereinbefore mentioned without sufficient cause shall pay to the seaman a sum equal to one day's pay for each and every day during which payment is delayed beyond the respective periods, which sum shall be recoverable as wages in any claim made before the court; but this section shall not apply to the masters or owners of any vessel the seamen on which are entitled to share in the profits of the cruise or voyage. Act July 20, 1790, c. 29, § 6, 1 Stat. 133. Act June 7, 1872, c. 322, § 35, 17 Stat. 269. Act Dec. 21, 1898, c. 28, § 4, 30 Stat. 756. This section, as enacted in the Revised Statutes, provided that the masters or owners of vessels making voyages from Atlantic to Pacific ports, or vice versa, should pay to every seaman his wages within two days after the termination of the agreement, or at the time of his discharge; that in case of vessels making foreign voyages the wages should be paid within three days after delivery of the cargo, or within five days after the seaman's discharge; that in all cases there should be paid at the time of the seaman's discharge onefourth part of the balance due him; and that, in case of neglect or refusal to so pay, the master or owner should be liable to pay the seaman a sum not exceeding the amount of two days' pay for each day, not exceeding ten, during which the payment should be delayed. It was amended by Act Dec. 21, 1898, c. 28, § 4, cited above, to read as set forth here. Section 26 of said amendatory Act Dec. 21, 1898, c. 28, 30 Stat. 764, pro vided that the act should take effect sixty days after its approval, and should apply to all vessels not specifically exempted by the act, but that section 4 of the act (which amended this section as above stated) should not apply to fishing or whaling vessels or yachts. But by Act June 28, 1906, c. 3583, § 4, post, § 8321, said Act Dec. 21, 1898, c. 28, § 4, amending this section, was made applicable to all vessels engaged in the taking of oysters, anything in said Act Dec. 21, 1898, c. 28, § 26, to the contrary notwithstanding. See, also, notes to R. S. §§ 4501, 4526, ante, §§ 8287, 8317. § 8321. (Act June 28, 1906, c. 3583, § 4.) Provisions relating to payment, etc., of seamen's wages applicable to vessels engaged in taking oysters. Sections four, six, and twenty-four of chapter twenty-eight of the Acts of Congress, approved December twenty-first, eighteen hundred and ninety-eight, shall apply to all vessels engaged in the taking of oysters, anything in section twenty-six of said last-mentioned Act to the contrary notwithstanding. (34 Stat. 551.) This section was part of an act to prohibit shanghaiing, §§ 1-3 of which were amended by Act March 2, 1907, c. 2539, § 1, 34 Stat. 1233, and were repealed by section 2 of said act. Said Act March 2, 1907, c. 2539, § 1, was incorporated into the Criminal Code in section 82 thereof, post, § 10250, and said act was repealed by section 341 of said Criminal Code, post, § 10515. Act Dec. 21, 1898, c. 28, §§ 4, 6, 24, mentioned in this section, amended R. S. §§ 4529, 4547, and Act June 26, 1884, c. 121, § 10, respectively, ante, § 8320, and post, §§ 8323, 8336. § 8322. (R. S. § 4530, as amended, Act Dec. 21, 1898, c. 28, § 5.) Payment of wages at ports, etc. Every seaman on a vessel of the United States shall be entitled to receive from the master of the vessel to which he belongs onehalf part of the wages which shall be due him at every port where such vessel, after the voyage has commenced, shall load or deliver cargo before the voyage is ended unless the contrary be expressly stipulated in the contract; and when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him as provided in section forty-five hundred and twentynine of the Revised Statutes. Act July 20, 1790, c. 29, § 6, 1 Stat. 133. Act Dec. 21, 1898, c. 28, § 5, 30 Stat. 756. This section, as enacted in the Revised Statutes, provided for the payment of one-third the wages due at every port, etc. It was amended by Act Dec. 21, 1898, c. 28, § 5, to read as set forth here. See note under R. S. § 4526. Section 26 of said amendatory Act Dec. 21, 1898, c. 28, 30 Stat. 764, provided that the act should take effect sixty days after its approval, and should apply to all vessels not specifically exempted by the act, but that section 5 of the act, which amended this section as above stated, should not apply to fishing or whaling vessels or yachts. See, also, notes to R. S. § 4526, ante, § 8317. (R. S. §§ 4531-4534. Repealed.) These sections related to allotments and advances of seamen's wages. They were repealed by Act Dec. 21, 1898, c. 28, § 25, 30 Stat. 764. Other provisions relating to the same subjects, made by Act June 26, 1884, c. 121, § 10, were amended by Act June 19, 1886, c. 421, § 3, and further amended by said Act Dec. 21, 1898, c. 28, § 24, which also repealed the previous amendatory provision of Act June 19, 1886, c. 421, § 3, and further amended by Act April 26, 1904, c. 1603, § 1. Said Act June 26, 1884, c. 121, § 10, as finally amended, is set forth post, § 8323. § 8323. (Act June 26, 1884, c. 121, § 10, as amended, Act June 19, 1886, c. 421, § 3, Act Dec. 21, 1898, c. 28, § 24, and Act April 26, 1904, c. 1603, § 1.) Advances and allotments. (a) It shall be, and is hereby, made unlawful in any case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such advance wages to any other person. Any person paying such advance wages shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than four times the amount of the wages so advanced, and may also be imprisoned for a period not exceeding six months, at the discretion of the court. The payment of such advance wages shall in no case, excepting as herein provided, absolve the vessel or the master or owner thereof from full payment of wages after the same shall have been actually earned, and shall be no defense to a libel, suit, or action for the recovery of such wages. If any person shall demand or receive, either directly or indirectly, from any seaman or other person seeking employment as seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, he shall for every such offense be deemed guilty of a misdemeanor and shall be imprisoned not more than six months or fined not more than five hundred dollars. (b) It shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages which_he may earn to his grand parents, parents, wife, sister, or children. But no allotment whatever shall be allowed in the trade between the ports of the United States (except as provided in subdivision C of this section) or in trade between ports of the United States and the Dominion of Canada, Newfoundland, the West Indies and Mexico. (c) It shall be lawful for any seaman engaged in a vessel bound from a port on the Atlantic to a port on the Pacific or vice versa, or in a vessel engaged in foreign trade, except trade between the United States and the Dominion of Canada or Newfoundland or the West Indies or the Republic of Mexico, to stipulate in his shipping. agreement for an allotment of an amount, to be fixed by regulation of the Commissioner of Navigation, with the approval of the [Secretary of the Treasury] not exceeding one month's wages, to an original creditor in liquidation of any just debt for board or clothing which he may have contracted prior to engagement. (d) No allotment note shall be valid unless signed by and approved by the shipping commissioner. It shall be the duty of said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotment of any part of the wages of a seaman during his absence which are made at the commencement of the voyage shall be inserted in the agreement, and shall state the amounts and times of the payments to be made and the persons to whom the payments are to be made. (e) No allotment except as provided for in this section shall be lawful. Any person who shall falsely claim to be such relation as above described of a seaman under this section or shall make a false statement of the nature or amount of any debt claimed to be due from any seaman under this section shall for every such offense be punishable by a fine not exceeding five hundred dollars or imprisonment not exceeding six months, at the discretion of the court. (f) This section shall apply as well to foreign vessels as to vessels of the United States; and any master, owner, consignee, or agent of any foreign vessel who has violated its provisions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for a similar violation: Provided, That treaties in force between the United States and foreign nations do not conflict. (g) Under the direction of the [Secretary of the Treasury] the Commissioner of Navigation shall make regulations to carry out this section. (23 Stat. 55. 24 Stat. 80. 30 Stat. 763. 33 Stat. 308.) This section was part of the Shipping Act of 1884, cited above. Other sections of said act are referred to in the note to R. S. § 4219, ante, § 7812. This section, as originally enacted, was as follows: "That it shall be, and is hereby, made unlawful in any case to pay any seamen wages before leaving the port at which such seaman may be engaged in advance of the time when he has actually earned the same, or to pay such advance wages to any other person, or to pay any person, other than an officer authorized by act of Congress to collect fees for such service, any remuneration for the shipment of seamen. Any person paying such advance wages or such remuneration shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not less than four times the amount of the wages so advanced or remuneration so paid, and may be also imprisoned for a period not exceeding six months, at the discretion of the court. The payment of such advanced wages or remuneration shall in no case, except as herein provided, absolve the vessel, or the master or owner thereof, from full payment of wages after the same shall have been actually earned, and shall be no defense to a libel, suit, or action for the recovery of such wages: Provided, That this section shall not apply to whaling-vessels: And provided further, That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages which he may earn to his wife, mother, or other relative, but to no other person or corporation. And any person who shall falsely claim such relationship to any seaman in order to obtain wages so allotted shall, for every such offense, be punishable by a fine of not exceeding five hundred dollars, or imprisonment not exceeding six months, at the discretion of the court. This section shall apply as well to foreign vessels as to vessels of the United States; and any foreign vessel the master, owner, consignee, or agent of which has violated this section, or induced or connived at its violation, shall be refused a clearance from any port of the United States." It was amended by the Shipping Act of June 19, 1886, c. 421, § 3, cited above, by striking out the words "That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of any portion of the wages which he may earn to his wife, mother, or other relative, but to no other person or corporation," and inserting in lieu thereof the following: "That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of all or any portion of the wages which he may earn to his wife, mother, or other relative, or to an original creditor in liquidation of any just debt for board or clothing which he may have contracted prior to engagement, not exceeding ten dollars per month for each month of the time usually required for the voyage for which the seaman has shipped, under such regulations as the Secretary of the Treasury may prescribe, but no allotment to any other person or corporation shall be lawful," and by striking out all of the last paragraph after the words "vessels of the United States,' and inserting in lieu thereof the following: "And any master, owner, consignee, or agent of any foreign vessel who has violated this section shall be |