every such seaman, recoverable, one-half to the use of the person prosecuting for the same, and the other half to the use of the United States. Any seaman who has not signed such a contract shall not be bound by the regulations nor subject to the penalties and forfeitures contained in this Title.

The Cypress, Blatchf. & H. 83; The Warrington, Ibid. 335; The Sarah Jane, Ibid. 401; Magee v. The Moss, Gilp. 219; Snow v. Wope, 2 Curt. 301; Wopev. Hemenway, 1 Sprague, 300; Jameson v. The Regulus, 1 Pet. Adm. 212; Walton v. The Neptune, Ibid. 142; Bartlett v. Wyman, 14 Johns. 260; Johnson v. Dalton, 1 Cowen, 543; Desty S. & A. § 144.

§ 4522. Omitting to begin voyage.-At the foot of every such contract to ship upon such a vessel of the burden of fifty tons or upward, there shall be a memorandum in writing of the day and the hour on which the seamen who ship and subscribe shall render themselves on board to begin the voyage agreed upon. If any such seaman shall neglect to render himself on board the vessel, for which he has shipped, at the time mentioned in such memorandum, and if the master of the vessel shall, on the day on which such neglect happened, make an entry in the log-book of such vessel, of the name of such seaman, and shall in like manner note the time that he so neglected to render himself, after the time appointed, every such seaman shall forfeit for every hour which he shall so neglect to render himself, one day's pay, according to the rate of wages agreed upon, to be deducted out of his wages. If any such seaman shall wholly neglect to render himself on board of such vessel, or having rendered himself on board, shall afterward desert and escape, so that the vessel proceed to sea without him, he shall be liable to pay to the master, owner, or consignee of the vessel, a sum equal to that 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 of any State, city, town, or county within the United States, which, by the laws thereof, have cognizance of debts of equal value, against such seaman or mariner, or his surety or sureties, in case he shall have given surety to proceed on the voyage.

The word "on" inserted after the word "proceed" in the last line -Amend. Act, Feb. 27th, 1877; 19 U. S. Stat. 252.

§ 4523. Unlawful shipments void.-All shipments of seamen made contrary to the provisions of any act of Congress shall be void; and any seaman so shipped may leave the service at any time, and shall be entitled to recover the highest rate of wages of the port from which

the seaman was shipped, or the sum agreed to be given him at his shipment.

The Warrington, Blatchf. & H. 337; White v. Wilson, 2 Bos. & P. 116; Montgomery v. Tyson, 1 Low. 131; Jameson v. The Regulus, 1 Pet. Adm. 212; The Crusader, 1 Ware, 437; Page v. Sheffield, 2 Curt. 380; The City of Fremont, 2 Biss. 415; U. S. v. Idell, 16 Int. Rev. Rec. 147; Snow v. Wope, 2 Curt. 301; Desty S. & A. § 143.

CHAPTER THREE.

WAGES AND EFFECTS.

4524. Commencement of wages.

4525. Wages not dependent on freight.

4526. Termination of wages by loss of vessel.

4527. Wages in case of improper discharge.

4528. Suspension of wages.

4529. Time for payment.

4530. Payment of wages at ports, etc.

4531. Allotment of wages.

4532. Advances.

4533. Recovery in case of unlawful advances.

4534. Discount of advance security.

4535. Loss of lien.

4536. No attachment or assignment of wages.

4537. Limit of sums recoverable during voyage.

4538. Effects of deceased seamen.

4539. Proceedings in regard to effects.

4540. Penalty for neglect in regard to seamen's effects.

4541. Duties of consular officers in regard to deceased seamen's effects. 4542. Payment of wages in case of death within the United States. 4543. Payment to circuit court.

4544. Distribution of seamen's money and effects by circuit court. 4545. Unclaimed wages and effects of deceased seamen. 4546. Summons for non-payment of wages.

4547. Libel for wages.

4548. Wages payable in gold.

§ 4524. Commencement of wages.-A seaman's right to wages and provisions shall be taken to commence either at the time at which he commences work, or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.

§ 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.

Rule that freight is the mother of wages is abolished-The Ocean Spray, 4 Sawy. 105; Desty S. & A. §§ 161, 167.

§ 4526. Termination of wages by loss of vessel. In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the wreck or loss 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.

Seamen are entitled to full wages for the full period of their employment in which freight is or might be earned-Putnam v. Hooper, 3 Sum. 286; 1 Law R. 226; The Elizabeth, 1 Pet. Adm. 128; Henop v. Tucker, 2 Paine, 151; Lewis v. The Elizabeth and Jane, 1 Ware, 46, questioning Post v. Robertson, 1 Johns. 24. And see Desty S. & A. 161.

§ 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 discharge, 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.

See The Dolphin, 6 Ben. 402; Desty S & A. § 162.

§ 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.

§ 4529. Time for payment. -The master or owner of every vessel making voyages from a port on the Atlantic to a port on the Pacific, or vice versa, shall pay to every seaman his wages, within two days after the termination of the agreement, or at the time such seaman is discharged, whichever first happens; and, in the case of vessels making foreign voyages, within three days after the cargo has been delivered, or within five days after the seaman's discharge, whichever first happens; and in all cases the seaman shall, at the time of his discharge, be entitled to be paid on account, a sum equal to one-fourth part of the balance due to him. Every master or owner who neglects or refuses to make payment in manner herein before mentioned, without sufficient cause, shall pay to the seaman a sum not exceeding the amount of two days' pay for each

of the days, not exceeding ten days, 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.

Seamen discharged without payment of their wages aro_cntitled to double pay for ten days after their discharge, although suit was brought before ten days-The Columbia, 6 Ben. 398; Desty S. & A. § 177.

§ 4530. Payment of wages at ports, etc.-Every seaman shall be entitled to receive froin the master of the vessel to which he belongs, one-third part of the wages which shall be due to him at every port where such vessel shall unlade and deliver her cargo before the voyage is ended, unless the contrary be expressly stipulated in the contract; and as soon as the voyage is ended, and the cargo or ballast is fully discharged at the last port of delivery, he shall be entitled to the wages which shall be then due.

§ 4531. Allotment of wages.-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 such payments are to be made.

§ 4532. Advances.-No advance of wages shall be made, or advance security given to any person, but to the seaman himself, or to his wife or mother; and no advance of wages shall be made, or advance security given, unless the agreement contains a stipulation for the same, and an accurate statement of the amount thereof; and no advance wages or advance security shall be given to any seaman, except in the presence of the shipping-commissioner.

See The Mentor, 4 Mason, 102; Desty S. & A. § 178. Burden of proof of payment of advances-Holmes v. Dodge, Abb. Adm. 60; Desty S. & A. § 143.

§ 4533. Recovery in case of unlawful advance. If any advance of wages is made or advance security given to any seaman in any such manner as to constitute a breach of any of the provisions of the two preceding sections, the wages of such seaman shall be recoverable by him, as if no such advance had been made or promised; and in the case of any advance security so given, no person shall be sued thereon, unless he was a party to such breach.