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 destitute seamen, &c. subsistence and passages to the U. States, subject to the instructions of the Secretary of State.
Commanders of vessels required to take such on board if not more than two to every hundred tons.
On terms not exceeding ten dollars each.
Seamen, &c. to do duty if able.
Penalty on the refusal of the captain or master.Sec. 4. And be it further enacted, That it shall be the 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 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 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 of vessels belonging to citizens of the United States, 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 between the said master and consul, or commercial agent. And 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 or 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 master shall refuse the same on the request or order of 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 and seaman so refused, to be recovered for the benefit of the United States in any court of competent jurisdiction.Act of February 28, 1811, ch. 28. 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.Seventh and eighth sections of the act of April 14, 1792, ch. 24, concerning consuls and vice-consuls repealed.
Secretary of State to reimburse the consuls, &c.
Sec. 5. And be it further enacted, That the seventh and eighth section of the act, intituled “An act concerning consuls and vice-consuls,” be and the same are hereby repealed; and that the Secretary of State be authorized to reimburse the consuls, vice-consuls, commercial agents or vice-commercial agents, such reasonable sums as they may heretofore have advanced for the relief of seamen, though the same should exceed the rate of twelve cents a man per diem.
Consuls, &c. may receive fifty cents for a certificate of discharge and two and a half per cent. on paying and receiving the wages of discharged seamen in foreign ports.
Consuls, &c. giving certificates subject to fine and imprisonment.Sec. 6. And be it further enacted, That it shall and may be lawful for every consul, vice-consul, commercial agent and vice-commercial agent of the United States, to take and receive for every certificate of discharge of any seaman or mariner in a foreign port fifty cents; and for commission on paying and receiving the amount of wages payable on the discharge of seamen in foreign ports, two and a half per centum.
