Chapter 121. to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade and for other purposes
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CHAP. 121.— An Act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade and for other purposes.June 26, 1884. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,R. S. 4131, 795. That the last clause of section forty one hundred and thirty-one of the Revised Statutes be amended so as to read as follows: 54 FORTY EIGHTH CONGRESS. SESS. I. CHS. 119.121. 1884. “All the officers of vessels of the United States shall be citizens ofU.
S. vessels, by whom maybe commended; exceptions. the United States, except that in cases where, on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, any such vessel is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the pro motion of another officer to such place, may be supplied by a person not a citizen of the United States until the first return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer.
” Sec. 2. That section forty-five hundred and eighty of the RevisedR. S. 4580, 887. Statutes be amended so as to read as follows: " “Sec. 4580. Upon the application of the master of any vessel to aDischarge of seamen, payment of wages due. consular officer to discharge a seaman, or upon the application of any seaman for his own discharge, if it appears to such officer that said seaman has completed his shipping agreement, or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States, such officer shall discharge said seaman, and require from the master of said vessel, before such discharge shall be made, payment of the wages which may then be due said seaman; but no payment of extra wages shall be required by any consular officer upon such discharge of any seaman except as provided in this act.
” " Sec. 3. That section, forty-five hundred and eighty-three of the RevisedR. S. 4583, 887. Statutes be amended so as to read as follows: " “Sec. 4583. Whenever on the discharge of a seaman in a foreign country. on his complaintExtra wages on discharge. that the voyage is continued contrary to agreement, the consular officer shall be satisfied that such voyage has been designedly and unnecessarily prolonged in violation of the articles of shipment, or whenever a seaman is discharged by a consular officer in consequence of any hurt or injury received in the service of the vessel, such consular officer shall require the payment by the master of one month’s wages for such seaman over and above the wages due at the time of discharge.
” " Sec. 4. That section forty-five hundred and sixty-one of the Revised Statutes R. S. 4561, 883.be amended so as to read as follows: " “Sec. 4561. The inspectors in their report shall also state whether,Discharge of seamen on account of unseaworthiness of vessel; extra wages; exception. in their opinion, the vessel was sent to sea unsuitably provided in any important or essential particular, by neglect or design, or through mistake or accident; and in case it was by neglect or design, and the con sular officer approves of such finding, he shall discharge such of the crew as request it, and shall require the payment by the master of one month’s wages for each seaman over and above the wages then due.
But if, in the opinion of the inspectors, the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty.” " “Sec. 5. That section forty five hundred and eighty two of the RevisedR. S. 4582, 887. Statutes be amended so as to read as follows:
" “Sec. 4582. Whenever a vessel of the United States is sold in a for eign country,Extra wages upon discharge, in case of sale; Proviso. and her company discharged, it shall be the duty of the master to produce to the consular officer the certified list of his ship’s company, and also the shipping articles, and to pay to said consular officer for.every seaman so discharged one month’s wages over and above the wages which may then be due to such seaman ; but in case the master of the vessel so sold shall, with the assent of said seaman, provide him with adequate employment on board some other vessel bound to the port at which he was originally shipped, or to such other port as may be agreed upon by him. then no payment of extra wages shall be required.
” " 55 FORTY EIGHTH CONGRESS. SESS. I. CH. 121. 1884. Sec. 6. That section forty-six hundred of the Revised Statutes R. S. 4600, 692.be amended so as to read as follows: " “Sec. 4600. It shall be the duty of consular officers to reclaim deserters and discountenance insubordination by every meansReclamation and discharge of deserters by consular officers. within their power, and where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner.
In all cases where deserters are apprehended the consular officer shall inquire into the facts; and if he is satisfied that the desertion was caused by unusual or cruel treatment, he shall discharge the seaman, and require the master of the vessel from which such seaman is discharged to pay one month’s wages over and above the wages then due; and the officer discharging such seaman shall enter upon the crew-list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and the facts as to his discharge or re-engagement, as the case may be, and subscribe his name thereto officially.
” " Sec. 7. That section forty-five hundred and eighty-one of the R. S. 4581, 887.Revised Statutes be amended so as to read as follows: " “Sec. 4581. If any consular officer, when discharging any seaman, shall neglect to require the payment of and collectPenalty for neglect to collect extra wages. the arrears of wages and extra wages required to be paid in the case of the discharge of any seaman, he shall be accountable to the United States to the full amount thereof. If any seaman, after his discharge, shall have incurred any expense for board or other necessaries at the place of his discharge^ before shipping again, or for transportation to the United States, such expense shall be paid out of the arrears of wages and extra wages received by the consular officer, which shall be retained for that purpose and the balance only paid over to such seamen.
” " Sec. 8. That section forty-five hundred and eighty-four of the Revised Statutes be hereby repealed.R. S. 4584, 887, repealed. Sec. 9. That section forty-five hundred and seventy-eight of the Revised StatutesR. S. 4578. be amended so as to read as follows: " “Sec. 4578. All masters of vessels of the United States, and bound to some port of the same, areReturn of destitute seamen. required to take such destitute seamen on board their vessels, at the request of consular officers, and to transport them to the port iu the United States to which such vessel may be bound, on such terms, not exceeding ten dollars for each person for voyages of not more than thirty days, and not exceeding twenty dollars for each person for longer voyages, as may be agreed between the master and the consular officer; and said consular officer shall issue certificates for such transportation, which certificates shall be assignable for collection.
If any such destitute seaman is so disabled or ill asAdditional wages when unable to perform duty. to be unable to perform duty, the consular officer shall so certify in the certificate of transportation, and such additional compensation shall be paid as the First Comptroller of the Treasury shall deem proper.Penalty for refusal to receive destitute seamen. Every such master who refuses to receive and transport such seamen on the request or order of such consular officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused.
The certificate of any such consular officer, given under his hand and official seal, shall be presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. No master ofNumber limited. any vessel shall, however, be obliged to take a greater number than one man to every one hundred tons burden of the vessel on any one voyage.” " “Sec. 10. That it shall be, and is hereby, made unlawful in any casePenalty for payments in advance, or for shipment of seamen. to pay any seaman 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 pun- 56 ished 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 advance 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:
Exemption of whaling vessels.*proviso.**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 Allotment of wages, penalty for false claims, etc.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 Penalty in eases of foreign vessels.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. Sec. 11. That every vessel mentioned in section forty-five hundredR. S. 4509, 884.Slop-chest to contain, etc. and sixty-nine of the Revised Statutes shall also be provided with a slop-chest, which shall contain a complement of clothing for the intended voyage for each seaman employed, including boots or shoes, hats or caps, under clothing and outer clothing, oiled clothing, and everything necessary for the wear of a seaman; also a full supply of tobacco and blankets.
Any of the contents of the slop-chest shall be sold, from time to time, to any or every seaman applying therefor, for his own use, at a profit not exceeding ten per centumPenalty for not providing clothing, etc. of the reasonable wholesale value of the same at the port at which the voyage commenced. And if any such vessel is not provided, before sailing, as herein required, the owner shall be liable to a penalty of not more than five, hundred dollars. The provisions of this section shall not apply to vessels plying between the United States and the Dominion of Canada, Newfound- land, the Bermuda Islands, the Bahama Islands the West Indies, Mexico and Central America.
Sec. 12. That on and after July first, eighteen hundred and eighty- four,Vessels excepted. no fees named in the tariff of consular fees prescribed by order of the President shall be charged or collected by consular officers for the official services to American vessels and seamen. Consular officers shall Consular fees for services to sea men, etc., prohibited.furnish the master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fee so prescribed for each service, and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may prescribe;
Services of consular officers itemized and reported to Secretary of Treasury.and the Secretary of the Treasury shall allow consular officers who arc paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: *Provided,* That such services, in the opinion of the Secretary of the Treasury have been necessarily *Proviso.*rendered; and a sum sufficient for the payment of such compensation, when thus adjusted by the Secretary of the Treasury, is hereby appropriated out of any money in the Treasury not otherwise appropriated.
Sec. 13. That section forty-two hundred and thirteen of the Revised Statutes be amended so as to read as follows:Appropriation. " “Sec. 4213. It shall be the duty of all masters of vessels for whom any official services shall be performed by any consularR. S. 4213, 812. officer, without the payment of a fee, to require a written statement of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessels shall first Statement of services certified and furnished to collector, etc.arrive on their return to the United States ; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine of not exceedingPenalty. fifty dollars, unless such master 57 FORTY-EIGHTH CONGRESS.
SESS. I. CH. 121. 1884. shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector toCollector to report to Secretary of Treasury. forward to the Secretary of the Treasury all such statements as shall have been furnished to him, and also a statement of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officer by whom the same were certified.
” " “Sec. 14. That in lieu of the tax on tonnage of thirty cents per ton perR. S. 4219, 813. annum heretofore imposed by law, a duty of three Amount of tonnage duties.cents per ton, not to exceed in the aggregate fifteen cents per ton in any one Year, is hereby imposed at each entry on all vessels which shall be entered in any port of the United States from any foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, or the Sandwich Islands, or Newfoundland; and a duty of six cents per ton, not to exceed thirty cents per ton per annum, is hereby imposed at each entry upon all vessels which shall be entered in the United States from any other foreign ports: *Provided,* That the*Proviso.* President of the United States shall suspend the collection of so much Suspension by the President.of the duty herein imposed, on vessels entered from any port in the Dominion of Canada, Newfoundland, the Bahama Islands, the Bermuda Islands, the West India Islands, Mexico and Central America down to and including Aspinwall and Panama, as may be in excess of the tonnage and light house dues, or other equivalent tax or taxes, imposed on American vessels by the government of the foreign country in which such port is situated and shall upon the passage of this act, and from time to time thereafter as often as it may become necessary by reason of changes in the laws of the foreign countries above mentioned, indicate by proclamation the ports to which such suspension shall apply, and the rate or rates of tonnage duty if any to be collected under such suspension. *And provided further,* That all vessels which shall have*Proviso.* paid the tonnage tax imposed by section forty-two hundred and nineteen R.
S. 4219, 813.of the Revised Statutes for the current year, shall not be liable to the tax herein levied until the expiration of the certificate of lastR. S. 4223, 813.R. S. 4224, 814. payment of the said tax. And sections forty-two hundred and twenty- three and forty two hundred and twenty-four and so much of section forty-two hundred and nineteen of the Revised Statutes as conflicts with this section, are hereby repealed. Sec. 15. Sections forty-five hundred and eighty-five, forty-five hundred and eighty-six, and forty-fiveR.
S. 4585, 4586, 4587, repealed.Expenses of Marine Hospital Services paid from receipts for duties on tonnage, etc. hundred and eighty-seven of the Revised Statutes, and all other acts and parts of acts providing for the assessment and collection of a hospital tax for seamen, are hereby, repealed, and the expense of maintaining the Marine Hospital Service shall hereafter be borne by the United States out of the receipts for duties on tonnage provided for by this act; and so much thereof as may be necessary, is hereby appropriated for that purpose.
Sec. 16. All articles of foreign production needed, and actually withdrawn from bonded warehouses,Articles of foreign production needed for supplies, etc., maybe withdrawn from bonded warehouse free of duty. for supplies not including equipment of vessels of the United States engaged in the foreign trade, including the trade between the Atlantic and Pacific ports of the United States, may be so withdrawn free of duty, under such regulations as the Secretary of the Treasury may prescribe.
Sec. 17. When a vessel is built in the United States for foreign account, wholly or partly ofDrawback on materials used in vessels built in U. S. for foreign account. foreign materials on which import duties have been paid, there shall be allowed on such vessel, when exported, a drawback equal in amount to the duty paid on such materials, to be ascertained under such regulations as may be prescribed by the Secretary of the Treasury. Ten per centum of the amount of such drawback so allowed shall, however, be retained for. the use of the United States by the collector paying the same.
Sec. 18. That the individual liability of a shipowner, shall be limited to the proportion of anyLiability of owner not to exceed his interest. or all debts and liabilities that his individual share of the vessel bears to the whole; and the aggregate liabilities of 58 all the owners of a vessel on account of the same shall not exceed the value of such vessels and*Proviso.* freight pending: *Provided,* That this provision shall not affect the liability of any owner incurred previous to the passage of this act, nor prevent any claimant from joining all the owners in one action ; nor shall the same apply to wages due to persons employed by said ship owners.
Sec. 19. That a master of a vessel in the foreign trade may engage aShipment of seamen in U. S. for foreign voyage, etc. seaman at any port in the United States, in the manner provided by law, to serve on a voyage to any port, or for the round trip from and to the port of departure, or for a definite time, whatever the destination. The master of a vessel making regular and stated trips between the United States and a foreign country may engage a seaman for one or more round trips, or for a definite time, or on the return of said vessel to the United States may reship such seaman for another voyage in the same vessel, in the manner provided by law, withoutReshipment, etc., without additional fees. the pax ment of additional fees to any officer for such reshipment or re-engagement.
Sec. 20. That every master of a vessel in the foreign trade may engage anyBond not required for return of seamen, etc. seaman at any jiort out of the United States, in the manner provided by law, to serve for one or more round trips from and to the port of departure, or for a definite time, whatever the destination ; and the master of a vessel clearing from a port of the United States with one or more seamen engaged in a foreign port as herein provided shall not be required to reship in a port of the United States the seamen so engaged, or to give bond, as required by section forty-five hundred and R.
S. 4576, 886.seventy-six of the Revised Statutes, to produce said seamen before a boarding officer on the return of said vessel to the United States. Sec. 21. That the word “ port,” as used in sections forty-one hundredDefinition of word “port.”R. S. 4178, 805.R. S. 4334, 838. and seventy-eight and forty-three hundred and thirty-four of the Revised Statutes, in reference to painting the name and port of every registered or licensed vessel on the stern of such vessel, shall be construed to mean either the port where the vessel is registered or enrolled, or the place in the same district where the vessel was built or w’here one or more of the owners reside.
Sec. 22. That until the provisions of section one, chapter three hundred22 Stat., 214.Passengers b y vessels trading between U. S. and Dominion of Canada or Mexico exempt from tax, etc.R. S. 3976, 769, repealed.R. S. 4203, 810, repealed and seventy-six, of the laws of eighteen hundred and eighty-two, shall be made applicable to passengers coming into the United States by land carriage, said provisions shall not apply to passengers coming by vessels employed exclusively in the trade between the ports of the United States and the ports of the Dominion of Canada or the ports of Mexico.
Sec. 23. That sections thirty-nine hundred and seventy-six and forty- two hundred and three of the Revised Statutes of the United States, and all other compulsory laws and parts of laws that oblige American vessels to carry the mails to and from the United States arbitrarily, or tliatprevent the clearance of vessels until they shall have taken mail matter on board, be and the same are hereby repealed, but such repeal shall not take effect until the first day of April eighteen hundred and eighty-five.
Sec. 24. That section twenty-nine hundred and sixty-six of the RevisedR. S. 2966, 572, amended. Statutes be amended by striking out the words “propelled in whole or in part by steam”; so that said section as amended shall read as follows: " “Sec. 2966. When merchandise shall be imported into any port of the United Statutes from anyImportation in vessels. foreign country’ in vessels, and it shall appear by the bills of lading that the merchandise so imported is to be delivered immediately after the entry of the vessel, the collector of such port may take possession of such merchandise and deposit, the same in bonded warehouse; and when it does not, appear by the bills of lading that the merchandise so imported is to be immediately delivered, the collector of the customs may take possession of the same and deposit it in bonded warehouse, at the request of the owner, master, or consignee 59 FORTY-EIGHTH CONGRESS.
SESS. I. CH. 121. 1884. of the vessel, on three days’ notice to such collector after the entry of the vesseII.” " Sec. 25. That section twenty-eight hundred and seventy-two of the R. S. 2872. 556. amended.Revised Statutes be amended by adding thereto the following: " “ When the license to unload between the setting andTimeofdelivery. rising of the sun is granted to a sailing-vessel under this section, a fixed, uniform, and reasonable compensation may be allowed to the inspector or inspectorsCompensation to inspector. for service between the setting and rising of the sun, under such regulations as the Secretary of the Treasury may prescribe, to be received by the collector from the master, owner, or consignee of the vessel, and to be paid by him to the inspector or inspectors.
” " Sec. 26. That whenever any fine, penalty, forfeiture, exaction, or charge arising underRefund or remission of fines, penalties, etc. the laws relating to vessels or seamen has been paid to any collector of customs or consular officer, and application has been made within one. year from such payment for the refunding or remission of the same, the Secretary of the Treasury, if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated.
Sec. 27. That section forty-five hundred and one of the Revised StatutesR. S. 4501, 870. is hereby amended so as to read as follows: " “Sec. 4501. The Secretary of the Treasury shall appoint a commissionerAppointment of shipping commissioners. for each port of entry, which is also a port of ocean navigation, and which, in his judgment, may require the same; such commissioner to be termed a shipping commissioner, and may, from time to time, remove from office any such commissioner whom he may have reason to believe does not properly perfoim his duty, and shall then provide for the proper performance of his duties until another person is duly appointed in his place: *Provided,* That Shipping Commissioners now in*Proviso.* office shall continue to perform the duties thereof until others shall be appointed in their places.
Shipping Commissioners shall monthly render a full,Report of receipts and expenditures.Compensation,Clerks, compensation. exact, and itemized account of their receipts and expenditures to the Secretary of the Treasury, who shall determine their compensation, and shall from time to time determine the number and compensation of the clerks appointed by such commissioner, with the approval of the Secretary of the Treasury, subject to the limitations now fixed by law. The Secretary of the Treasury shall regulate the mode of conducting business in the shipping offices to be established by the shipping commissioners as hereinafter provided, and shall have full and complete control over the same, subject to the provisions herein contained; and all expenditures by shipping commissioners shall be Expenditures, how audited.Fees to be paid into the Treasury.audited and adjusted in the Treasury Department in the mode and manner provided for expenditures in the collection of customs.
All fees of Shipping Commissioners shall be paid into the Treasury of the United States and shall constitute a fund which shall be used under the direction of the Secretary of the Treasury to pay the compensation of said Commissioners and their clerks and such other expenses as he may find necessary to ensure the proper administration of their duties. " Sec. 28. Before issuing any inspection certificate to any steamer theFees to inspectors, etc., of vessels. collector or other chief officer of customs for the port or district shall demand and receive from the owners thereof, as a compensation for the inspection and examinations made for the year, the following sums, in addition to the fees for issuing enrollments and licenses now allowed by law, according to the tonnage of the vessel:
For each steam-vessel of one hundred tons or under, ten dollars ; and for each and every ton in excess of one hundred tons, five cents, in lieu of the fees now provided by law. Sec. 29. That section twenty-seven hundred and seventy-six of the Revised Statutes is hereby amendedR. S. 2776, 538, amended. by adding thereto the following: 60 FORTY-EIGHTH CONGRESS. SESS. I. CH. 121-123,126,127. 1884. *“Provided,* That vessels arriving at a port of entry in the UnitedWhere vessels may enter and un-lade.
States, laden with coal, salt, railroad iron, and other like articles in bulk, may proceed to places within that collection district to be specially designated by the Secretary of the Treasury, by general regulations or otherwise, under the superintendence of customs officers, at the expense of the parties interested, for the purpose of unlading cargoes of the character before mentioned.” Sec. 30. All laws and parts of laws in conflict with the provisions of this act are hereby repealed; and this act shall take effect and be in force on and after July first, eighteen hundred and eighty-four.
Approved, June 26, 1884.