Thirtieth
Congress,
thiSecond Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.
thiSecond Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.
That no consul, vice consul, or commercial agent of the United States shall discharge
any mariner, being a citizen of the United States in a foreign port, without requiring
the payment of three months’ wages prescribed by the “Act supplementary to the ‘Act
concerning consuls, and vice consuls,’ and for the further protection of American
seamen,” approved February twenty-eight, eighteen hundred and three; and where no
agreement exists between the parties for the payment of any specific sum as wages,
the amount of the three months’ wages shall be fixed by the said consul, vice consul,
or commercial agent, at a just rate, having due regard to the rates of wages in the
port from whence the vessel was cleared; and the fifth, sixth and seventh clauses
of the first section of the “Act in addition to the several acts regulating the shipment
and discharge of seamen, and the duties of consuls,” approved July twenty, eighteen
hundred and forty, be, and the same are hereby, repealed; and where any such mariner,
after his discharge and before shipping on board of any vessel to return to the United
States, shall have become chargeable to the United States at the port of his discharge,
the amount expended for his relief shall be deducted from the two months’ wages to
which he is entitled and the balance only be paid over to him.
Sec. 2. And be it further enacted, That any officer or seaman
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may be discharged from any vessel of the United States in a foreign country, without
payment of the three months’ wages prescribed in the preceding section, provided such
officer or seaman shall be at the same time re-shipped on board another vessel of
the United States, and the consul, or commercial agent of the United States, shall
signify his approval by endorsing the discharge of such officer or seaman upon the
list of the crew of the vessel from which any officer or seaman is discharged.
Sec. 3. And be it further enacted, That the master and owner or owners of the vessel,
which shall receive such officer or seaman, shall be bound and held for the return
of such officer or seaman to the United States being citizens thereof under the same
penalties as is now provided by law, and the bonds hereafter given for seamen, shall
be so amended and construed as to include all officers or seamen shipped, as provided
in the preceding section, and the consul or commercial agent of the United States
at the port of shipment shall enter on the list of crew, the names and description
of all persons thus shipped.
Sec. 4. And be it further enacted, That the twelfth clause or section of the act entitled
“An act in addition to the several acts regulating the shipment and discharge of seamen
and the duties of consuls,” approved July twenty eighteen hundred and forty, be so
amended, as that all complaints in writing to the consul, as therein provided, that
a vessel is unseaworthy, shall be signed by the first, or the second and third officers,
and a majority of the crew, before the consul or commercial agent shall be authorized
to notice such complaint, or proceed to appoint inspectors as therein provided.
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Sec. 5. And be it further enacted, That it shall be the duty of the solicitor of the
Treasury to cause suits to be brought and prosecuted in all cases of default upon
the bonds entered into by masters of vessels and their securities under the first
section of the “Act supplementary to the ‘Act concerning consuls,’ and for the further
protection of American seamen,” approved February twenty eight, eighteen hundred and
three; and for the purpose of enabling him to perform this duty, he is authorized
to require, by general regulations or otherwise, the several collectors of the United
States to furnish to him certified copies of all such bonds, and of the lists of the
several ships’ crews, both on their departure from and their return to the United
States; and, also, of the reports of the boarding officers at the first port of the
United States where such vessel shall arrive, together with all other information
which he may deem necessary.
Sec. 6. And be it further enacted, That the consuls, vice consuls, commercial agents
and vice commercial agents of the United States may allow any sum, not exceeding twenty
dollars, which may be agreed upon, between them and the masters and commanders of
vessels of the United States, for transporting each seaman or mariner to 1 the United States from any foreign port or place beyond the Cape of Good Hope or
Cape Horn.
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02/20/1849
Clerk
02/20/1849
Passed the House of Representatives
February 20th AD 1849
Attest
Tho. J CampbellFebruary 20th AD 1849
Attest
Clerk
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H R. . . . 532.
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An Act
To repeal the fifth, sixth and seventh claus[es] of the first section of the “Act in addition [to] the several acts regulating the shipment [and] discharge of seamen, and the duty of con[suls] approved July twenty eighteen hundred and forty, and also to amend the “Act Supple[ment]ary to the act concerning consuls and vi[ce] consuls, and for the further protection of American seamen,” approved February twenty-eight, eighteen hundred and three[”]
To repeal the fifth, sixth and seventh claus[es] of the first section of the “Act in addition [to] the several acts regulating the shipment [and] discharge of seamen, and the duty of con[suls] approved July twenty eighteen hundred and forty, and also to amend the “Act Supple[ment]ary to the act concerning consuls and vi[ce] consuls, and for the further protection of American seamen,” approved February twenty-eight, eighteen hundred and three[”]
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In Senate of the United States
Resolved, That this Bill
AttestSecreta[ry]
Resolved, That this Bill
AttestSecreta[ry]
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Commerce
Partially Printed Document, 6 page(s), Volume Volume 2, RG 233, Entry 362: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB ,