such mariners or seamen on board of their ships or vessels, at the request of the said consuls or vice-consuls respectively, and to transport them to the port, in the United States to which such ships or vessels may be bound free of costs or charges; but that the said mariners or seamen shall, if able, be bound to do duty on board such ships or vessels according to their several abilities: Provided, That no master or captain of any ship or vessel, shall be obliged to take a greater qumber than two men to every one hundred tons burthen of the said ship or vessel, on any one voyage: and if any such captain or master shall refuse the same on the request or order of the consul or vice-consul, such captain or master shall forfeit and pay the sum of thirty dollars for each mariner or seaman, so refused, to be recovered for the benefit of the United States, by the said consul or vice-consul in his own name, in any court of competent jurisdiction.

vessels respecting

men and of con

SEC. 8. And be it further enacted, That where a ship Duty of masters of or vessel belonging to citizens of the United States is discharged seasold in a foreign port or place, the master, unless the sul neglecting it. crew are liable by their contract or do consent to be discharged there, shall send them back to the state where they entered on board, or furnish them with means sufficient for their return, to be ascertained by the consul or vice-consul of the United States, having jurisdiction of the port or place. And in case of the masters refusal, the said consul or vice-consul may (if the laws of the land permit it,) cause his ship, goods, and person to be arrested and held until he shall comply with his duty herein.

SEC. 9. And be it further enacted, That the specifi- Powers defined. cation of certain powers and duties, in this act, to be exercised or performed by the consuls and vice-consuls of the United States, shall not be construed to the exclusion of others resulting from the nature of their ap

pointments, or any treaty or convention under which they may act.

March 14, 1792, 1st ses. 2nd Con.

Note-The 7th and 8th sections of this act repealed by act 28th February, 1803.

An act supplementary to the "Act concerning consuls and vice-consuls, and for the further protection of American

seamen."

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in ConMasters of vessels gress assembled, That before a clearance be granted

to deliver lists to

the Collectors of to any vessel bound on a foreign voyage, the master

the ports whence

they go from the thereof shall deliver to the Collector of the customs, a

U. States of their

ship's companies, list, containing the names, places of birth and resi

containing de

persons, &c.

delivered to

the masters; fees to be paid for them.

scriptions of their dence, and a description of the persons who compose bered copies to his ship's company, to which list the oath or affirmation of the captian shall be annexed, that the said 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, for which the Collector shall be entitled to receive the sum of twenty-five cents; and the said master shall moreover enter into bond with sufficient security in the sum of four hundred dollars, that he shall exhibit the aforesaid certified copy of the list to the first boarding officer, at the first port in the United States, at which he shall arrive on his return For what condi. 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 it shall be the duty of the Collector at the said port of arrival,

Masters to enter into bonds,

tioned.

vor of the cap.

rival, (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, Provisions in fa That the said bond shall not be forfeited on account of tains. 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, 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.

the Masters of vessels

belonging to the

or United States ar

riving in foreign

to the consuls &e.

pers.

doing it.

SEC. 2. And be it enacted, That it shall be duty of every master or commander of a ship vessel, belonging to citizens of the United States who ports, to deliver shall sail from any port of the United States, after the there certain pafirst day of May next, on his arrival at a foreign port, to deposit his register, sea-letter, and Mediterranean passport, with the consul, vice-consul, commercial agent, or vice-commercial agent, (if any there be at such port;) that in case of refusal or neglect of the said Penalty for no master or commander, to deposit the said papers as aforesaid, he shall forfeit and pay five hundred dollars, to be recovered by the said consul, vice-consul, commercial agent, or vice-commercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdiction; and it shall be the duty of such consul, vice consul, commercial agent, or vice commercial agent, on such master or commander producing to him a clearance from the proper officer of the port, where his ship or vessel may be, to deliver to the said master or commander all of his said papers:

Acts to be donej upon the dis

ean seamen in

foreign ports.

Provided, such master or commander shall have complied with the provisions contained in this act, and those of the act to which this is a supplement.

SEC. 3. And be it further enacted, That whenever a charge of Ameri- ship or vessel belonging to a citizen of the United States, shall be sold in a foreign country, and her company discharged, or when a seaman or mariner, a citizen of the United States, shall, with his own consent, be discharged in a foreign country, it shall be the duty of the master or commander to produce to the consul, vice-consul, or commercial agent, or vice-commercial agent, the list of his ship's company, certified as aforesaid; and to pay to such consul, vice-consul, commercial agent, or vice-commercial agent, for every seaman or mariner so discharged, being designated on such list as a citizen of the United States, three months pay, over and above the wages which may then be due to such mariner or seaman, two thirds thereof to be paid by such consul, or commercial agent, to each seaman or mariner so discharged, upon his engagement on board of any vessel to return to the United States, and the other remaining third to be retained for the purpose of creating a fund for the payment of the passages of seamen or mariners, citizens of the United States, who may be desirous of returning to the United States, and for the maintenance of American seamen who may be destitute, and may be in such foreign port, and the several sums retained for such fund shall be accounted for with the treasury every six months by the persons receiving the same.

Consuls, &c. to

provide for desti

subsistence and

passages to the United States,

subject to the in

SEC. 4. And be it further enacted, That it shall be the tute seamen &c. duty of the consuls, vice-consuls, commercial agents, vice-commercial agents of the United States, from time to time to provide for the mariners and seamen of Secretary of state the United States, who may be found destitute within their districts respectively, sufficient subsistence and passages to some port in the United States, in the

structions of the

vessels required

board if not more than two to every hundred tons.

ceeding ten dol

to do duty if able.

most reasonable manner, at the expense of the United States, subject to such instructions as the Secretary of state shall give; and that all masters and commanders Commanders of of vessels belonging to citizens of the United States, to take such on and bound to some port of the same, are hereby required and enjoined to take such mariners or seamen on board of their ships or vessels, at the request of the said consuls, vice-consuls, commercial agents or vice-commercial-agents respectively, and to transport them to the port in the United States to which such ships or vessels may be bound, on such terms not exceeding ten dollars for each person, as may be agreed on terms not exbetween the said master and consul, or commercial lars each. agent. And the said mariners or seamen shall, if Demeanor, &c. able, be bound to do duty on board such ships or vessels according to their several abilities; Provided, That no master or captain of any ship or vessel shall be obliged to take a greater number than two men to every one hundred tons burthen of the said ship or vessel, on any one voyage; and if any such captain or Penalty on the remaster shall refuse the same on the request or order of tain or master. the consul, vice-consul, commercial agent or vice-commercial agent, such captain or master shall forfeit and pay the sum of one hundred dollars for each mariner or seaman so refused, to be recovered for the benefit of the United States in any court of competent jurisdiction. And the certificate of any such consul or commercial agent, given under his hand and official seal, shall be prima facie evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty aforesaid.

fusal of the cap

eigth sections of

ing consuls and pealed.

SEC. 5. And be it further enacted, That the seventh Seventh and and eighth section of the act, entituled "An act con- the act concern. cerning consuls and vice-consuls," be and the same vice-consuls re are hereby repealed; and that the secretary of state be authorised to reimburse the consuls, vice-consuls, commercial agents or vice-commercial agents, such rea