of the crew. How authenti port or place of the consulate or commercial agency first visited by such vessel after such 18 August 1856. desertion, if such desertion shall have occurred in a foreign country; or if, in such case, Desertion to be such vessel shall not visit any place where there shall be any consulate or commercial noted on the list agency, before her return to the United States, or the desertion shall have occurred in this country, the fact and time of such desertion shall be officially authenticated before a cated. notary public immediately, at the first port or place where such vessel shall arrive after such desertion. And all wages that may be due to such seaman or mariner, and what- Forfeiture of ever interest he may have in the cargo of such vessel, shall be forfeited to and become wages, &c.. to the the property of the United States, and paid over for their use, to the collector of the port where the crew of such vessel are accounted for as soon as the same can be ascertained; first deducting therefrom any expense which may necessarily have been incurred on account of such vessel in consequence of such desertion. And in settling the account of such wages or interest, no allowance or deduction shall be made except for moneys actually paid, or goods at a fair price supplied, or expenses incurred to, or for such seaman or mariner, any receipt or voucher from, or arrangement with such seaman or mariner, to the contrary notwithstanding. VI. DISCHARGE OF SEAMEN. United States. 2 Stat. 203. may discharge 45. Whenever a ship or vessel belonging to a citizen of the United States, shall be 28 Feb. 1803 § 3. sold in a foreign country and her company discharged, (a) or when a seaman or mariner, a citizen of the United States, (b) shall, with his own consent, (c) be discharged in a for- When consuls eign country, it shall be the duty of the master or commander to produce to the consul, seamen in foreign vice consul, commercial agent or vice commercial agent, the list of his ship's company, ports. certified as aforesaid; and to pay to such consul, vice consul, commercial agent or vice Three months' commercial agent, for every seaman or mariner so discharged, being designated on such wages to be paid. list as a citizen of the United States, three months' pay, (d) over and above the wages which may then be due to such mariner or seaman ; (e) two-thirds thereof to be paid by How appropria such consul or commercial agent, to each seaman or mariner so discharged, upon his ted. 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. 5 Stat. 395. 46. When any mariner shall complain that the voyage is continued contrary to his 20 July 1840 3 9. agreement, or that he has fulfilled his contract, the consul or other commercial agent performing like duties, may examine into the same by an inspection of the articles of Consuls may dis charge at expira agreement; and if, on the face of them, he finds the complaint to be well founded, he tion of contract. shall discharge the mariner, if he desires it, and require of the master an advance beyond the lawful claims of such mariner of three months' wages, as provided in the act of Three months' February 28th 1803; and in case the lawful claims of such mariner are not paid upon wages to be paid. his discharge, the arrears shall from that time bear an interest of twenty per centum: Provided however, If the consul or other commercial agent shall be satisfied the contract has expired, or the voyage been protracted by circumstances beyond the control of the When discharge master, and without any design on his part to violate the articles of shipment, then he to be given with may, if he deems it just, discharge the mariner without exacting the three months' ad- months' pay. ditional pay. Interest on arrears. out three consuls to dis 47. Upon the application of any seaman or mariner for a discharge, if it shall appear 18 Aug. 1856 3 26. to the consular officer that he is entitled to his discharge under any act of congress, or 11 Stat. 62. according to the general principles or usages of maritime law, as recognised in the United In what cases States, he shall discharge such seaman or mariner, and shall require from the master or charge. commander of the ship or vessel, from which such discharge shall be made, the payment of three months' extra wages, as provided by the act herein before mentioned, approved February 28th 1803; and it shall be the duty of such master or commander to pay the (a) The payment of three months' wages, under this act, is confined to cases of the voluntary discharge of seamen in a foreign port; it has no application to cases where the discharge has resulted from inevitable necessity or superior force, such as a total loss by capture, tempest or other fortuitous occurrence. The Saratoga, 2 Gall. 181. Pool v. Welsh, Gilp. 193. The Dawn, Ware, 485. 8. c., Daveis, 121. Brown v. The Independence, Crabbe, 55. 1 Opin. 148. 2 Ibid. 418. 6 Ibid. 622. But if the vessel is sold in consequence of a disaster at sea, the owners will not be exempted from the payment of the extra wages, if the vessel can be repaired at a reasonable expense and in a reasonable time; and the burden of proof to show that she could not be so repaired is upon the owners. The Dawn, Ware. 485. And see Wells v. Meldrun, 1 Bl. & How. 342. Shakerly v. Pedrick, Crabbe, 63. 1 Opin. 593. (b) The provisions of this act are confined to vessels owned by ditizens of the United States, and constituting a part of our mercantile marine, by sailing under our flag. American seamen (d) The act establishes a necessary connexion between the three months' pay to be advanced to the consul, and the rate of wages then accruing to the seamen. 2 Opin. 256. See Nevitt v. Clarke, Olcott, 316. (e) If the seamen are discharged in a foreign port without such payment to the consul, the court will, on a libel of the seamen, compel the owners to pay the three months' wages, two-thirds to the seamen, and the other third for the use of the United States. Pool v. Welsh, Gilp. 193. Emerson v. Howland, 1 Mas. 45. Orne v. Townsend, 4 Ibid. 541. Or the seamen may recover two months' wages in an action against the master in their own names. Wells v. Meldrun, 1 Bl. & How. 342, suls in case of discharge without requiring payment of extra wages. 18 August 1856. same, and no such payment or any part thereof shall be remitted in any case, except such as are mentioned in the proviso of the ninth clause of the act (a) entitled "An act in addition to the several acts regulating the shipment and discharge of seamen and the duties of consuls," approved July 20th 1840, and as hereinafter provided; and the extra wages required to be paid by the said ninth clause of the last herein before mentioned act, and by this section, shall be applicable to the same purposes and in the same manner as is directed by the said act approved February 28th 1803, in regard to the extra wages Liability of con- required to be paid thereby. And if any consular officer, when discharging any seaman or mariner, shall neglect to require the payment of, and collect the extra wages, required to be paid in the case of the discharge of any seaman or mariner, by either of the said acts, as far as they shall remain in force under this act, or by this act, he shall be accountable to the United States for the full amount of their share of such wages, and to such seamar or mariner to the full amount of his share thereof. And if any seaman or mariNarles to be ner shall, after his discharge, have incurred any expense for board or other necessaries, paid for thereout. at the port or place of his discharge, before shipping again, such expense shall be paid out of the share of the three months' wages to which he shall be entitled, which shall be retained for that purpose, and the balance only paid over to him: Provided however, That in cases of wrecked or stranded ships or vessels, or ships or vessels condemned as unfit for service, no payment of extra wages shall be required. No extra wages in case of ship wreck. Ibid. 27. List of seamen shipped and dis charged to be kept by consuls. 28 Feb. 1803 4. 2 Stat. 204. vide for and send home destitute Beamen. Masters to re ceive them on bourd. 48. Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on and from which they shall be shipped and discharged, and the payments, if any, made on account of each so discharged; and also of the number of the vessels arrived and departed, and the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced; and make returns of the same, with their accounts and other returns, to the secretary of the treasury. And no consular officer shall certify any invoice, unless he shall be satisfied that the person making the oath or affirmation thereto, is the person ho represents himself to be, that he is a credible person, and that the statements made under such oath or affirmation are true; and he shall, thereupon, by his certificate, state that he was so satisfied. And it shall be the duty of every consular officer to furnish to the secretary of the treasury, as often as shall be required, the prices current of all articles of merchandise usually exported to the United States, from the port or place in which he shall be located. VII. RELIEF OF DESTITUTE SEAMEN. 49. 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 Consuls to pro- of the United States, (b) who may be found destitute within their districts respectively,(c) 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 all masters and commanders of vessels belonging to citizens of the United States, and bound to some port of the same,(d) are hereby required and enjoined to take such mariners or seamen on board of their ships or vessels, (e) 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, (g) 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: (h) 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 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 or seamen so refused; to be recovered for the benefit of the United States in any court of competent jurisdic Terms. To do duty, if able. Penalty for refusal to receive them. (a) See supra, 46. (b) This does not extend to seamen on board of vessels of war of the United States. 3 Opin. 683, 685. But foreigners, while employed as seamen in the merchant ships of the United States, are deemed to be "mariners and seamen of the United States" within the language and policy of the act. Matthews v. Offley, 3 Sumn. 116. And so are American seamen shipped in a British vessel, and, in consequence of its being wrecked, left in a foreign port destitute. 5 Opin. 185. (c) The fact of desertion from an American ship-whether she he in port or not at the time when the seaman becomes destitute -does not supersede the authority of the consul to require another American ship to bring him to the United States. Mat thews v. Offley, 3 Sumn. 116. Shipmasters are bound, on the requisition of the consul, to convey to the United States distressed mariners; but not those accused of crime, and sent home for prosecution. 7 Opin. 722. (d) This is limited to such vessels as shall be bound from the port where the request is made direct to some port of the United States. 4 Opin. 185. (e) The consul is the proper judge as to the ship on board of which such destitute seaman should be placed for his return to the United States. Matthews v. Offley, 3 Sumn. 116. (g) See infra, 50. (h) They are bound by the same obligations which exist in cases of articled scamen. United States v. Škarp, Pet. C. C. 118. 28 Feb. 1803. tion (a) and the certificate of any such consul or commercial agent, given under his hand and official seal, shall be primâ facie evidence of such refusal,(b) in any court of Consular certifilaw having jurisdiction for the recovery of the penalty aforesaid. cate to be evidence. 2 Stat. 651. allowance may be 50. In all cases where distressed mariners and seamen of the United States have been 28 Feb. 1811 § 1. transported from foreign ports where there was no consul, vice consul, commercial agent or vice commercial agent of the United States, to ports of the United States, and in all When extra cases where they shall hereafter be so transported, there shall be allowed to the master made for bring or owner of each vessel, in which they shall or may have been transported, such reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the comptroller of the treasury. VIII. MISCELLANEOUS PROVISIONS. ing home destitute seamen. 1 Stat. 134. vided with medi 51. Every ship or vessel belonging to a citizen or citizens of the United States, of the 20 July 1790 8 8. burthen of one hundred and fifty tons (c) or upwards, navigated by ten or more persons in the whole, and bound on a voyage without the limits of the United States, shall be ships to be proprovided with a chest of medicines, put up by some apothecary of known reputation, cine chests. and accompanied by directions for administering the same; and the said medicines shall be examined by the same or some other apothecary, once at least in every year, and Examination. supplied with fresh medicines in the place of such as shall have been used or spoiled. And in default of having such medicine chest so provided, (d) and kept fit for use, the Penalty for negmaster or commander of such ship or vessel shall provide and pay for all such advice, medicine or attendance of physicians, as any of the crew shall stand in need of, in case of sickness, at every port or place where the ship or vessel may touch or trade at, during the voyage, without any deduction from the wages of such sick seaman or mariner.(e) lect. Ibid. 9. What water and on board. 52. Every ship or vessel, belonging as aforesaid, bound on a voyage across the Atlantic Ocean,(g) shall, at the time of leaving the last port from whence she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of provisions to be salted flesh meat, and one hundred pounds of wholesome ship-bread, (h) for every person on board such ship or vessel, over and besides such other provisions, stores and livestock as shall by the master or passengers be put on board; and in like proportion for shorter or longer voyages.(i) And in case the crew of any ship or vessel, which shall not have been so provided, shall be put upon short allowance in water, flesh or Penalty for short bread, (k) during the voyage, the master or owner of such ship or vessel shall pay to each of the crew, one day's wages beyond the wages agreed on, for every day they shall be so put to short allowance, to be recovered in the same manner as their stipulated wages. allowance. bound to the 53. All the provisions, regulations and penalties which are contained in the eighth 2 March 1805 8 1. section of the act entitled "An act for the government and regulation of seamen in the 2 Stat. 330. merchants' service," so far as relates to a chest of medicines to be provided for vessels Vessels of 75 tons, of one hundred and fifty tons burthen and upwards, shall be extended to all merchant west Indies, to vessels of the burthen of seventy-five tons or upwards, navigated with six persons or have medicine more, in the whole, and bound from the United States to any port or ports in the West Indies. (a) The action for the penalty must be brought in the name of the United States, and not of the consul. Matthews v. Offley, 3 Sumn. 115. (b) The consular certificate is prima facie evidence of the refusal of the master to take the seamen on board, and of all the facts stated in the enacting clause. which are necessary to bring the case within the penalty. Matthews v. Offley, 3 Sumn. 116. But a consul's certificate of any fact is not evidence between third pergons, unless expressly or impliedly made so by statute. Levy v. Burley, 2 Ibid. 355. Brown v. The Independence, Crabbe, 56-7. Johnson v. The Coriolanus, Ibid. 239. (c) Sev infra, 53. (d) Where the sufficiency of the medicine chest is questioned, the proper evidence to be produced is the testimony of some reputable physician who has examined it. The master is not a competent witness to prove that a medicine chest was on board, for the purpose of throwing the expense of medical advice on a seaman. The William Harris, Ware, 367. (e) The expenses of curing a sick seaman in the course of the voyage is a charge on the ship by the general maritime law; and in this charge are included not only medicines and medical advice, but nursing, diet and lodging, if the seaman be cured on shore. And this act has not changed the maritime law, except so far as respects medicines and medical attendance, when there is a proper medicine chest and medical directions on board the vessel. The charges of nursing and lodging are not affected by the act. Harden v. Gordon, 2 Mas. 541. The George, 1 Sunn. 153. If the ship is furnished with a chest, the sailor must pay for advice; but the ship must supply medicine. 1 Pet. Adm. 152, n., 256, n. But before the owner can claim the exemption, he must prove that such a medicine chest was provided. The Nimrod, Ware, 1. And chests. the owners are not exempted from these expenses although there be s medicine chest on board, when the seaman cannot have the benefit of the medicine, whether it be because he is removed ashore, or that there is no person on board the vessel by whom the medicine can be safely administered. The Forest, Ware, 420. Lamson v. Westcott, 1 Sumn. 595. (g) The act does not apply to seamen shipped in foreign ports. Gardner v. The New Jersey, 1 Pet. Adm. 223. (h) Where the articles specified in the act can be procured. no substitutes will be allowed. Mariners v. The Washington, 1 Pet. Adm. 221. But otherwise, if they cannot be obtained. Ibid. 222. (4) In the case of Mariners v. The Washington, 1 Pet. Adm. 221, an East India voyage was rated as two and a half European voyages. (4) The two circumstances of deficiency in the quantity or quality of the provisions, and a short allowance, must concur in order to entitle the crew to the extra wages given by the act. Ferrara v. The Talent, Crabbe, 216. The Elizabeth v. Rickers 2 Paine, 291. Coleman v. The Harriet, Bee, 80. The Childe Harold, Olcott. 275. In order to subject the master or owner to the pay. ment of extra wages for short allowance, some order or command to that effect must have been given, or there must have been some gross negligence in the master; an accidental or unintentional deficiency would not subject him to the penalty. The Elizabeth v. Rickers. 2 Paine, 291. In an action by seamen for compensation by reason of a short allowance of provisions, if the fact of short allowance be proved, the burden of proof is on the owner of the vessel, to show that she had on board the quantity of provisions required by the statute. The Elizabeth Frith, 1 Bl. & How. 195. But see The Childe Harold, Olcott, 275. Meridian. 1. Meridians for astronomical and nautical purposes. 1. Hereafter the meridian of the observatory at Washington shall be adopted and used as the American meridian for all astronomical purposes; and the meridian of Greenwich shall be adopted for all nautical purposes. I. ADMISSION INTO THE UNION. 1. Michigan admitted into the Union. Boundaries. Michigan. 2. Not to interfere with the sale of the public lands. Nor to tax them. 3. Section 16 in every township for schools. Lands granted for a seminary. Lands for public buildings. Salt springs granted to the state. Not to be sold, or leased for longer than ten years. Five per cent. of proceeds of lands for roads. State not to interfere with the disposal of the public lands. Taxation. 4. Laws of the United States extended. II. CIRCUIT AND DISTRICT COURTS. 5. District court established. Circuit court powers. Clerk. 6. Questions of law may be adjourned into the circuit court. 7. Terms of the circuit and district courts. III. COLLECTION DISTRICTS. 8. Detroit. 9. Michilimackinac. 10. Detroit district enlarged. 5 Stat. 49. I. ADMISSION INTO THE UNION. 15 June 1836 2. 1. That the constitution and state government which the people of Michigan have formed for themselves be and the same is hereby accepted, ratified and confirmed; and Michigan admit the said state of Michigan shall be and is hereby declared to be one of the United ted into the Union. Boundaries. Ibid. 24. Not to interfere States of America, and is hereby admitted into the Union upon an equal footing with the original states, in all respects whatsoever: (a) Provided always, And this admission is upon the express condition, that the said state shall consist of and have jurisdiction over all the territory included within the following boundaries, and over none other, to wit: Beginning at the point where the above described northern boundary of the state of Ohio intersects the eastern boundary of the state of Indiana, and running thence with the said boundary line of Ohio, as described in the first section of this act, until it intersects the boundary line between the United States and Canada, in Lake Erie; thence, with the said boundary line between the United States and Canada, through the Detroit river, Lake Huron and Lake Superior, to a point where the said line last touches Lake Superior; thence, in a direct line through Lake Superior, to the mouth of the Montreal river; thence, through the middle of the main channel of the said river Montreal, to the middle of the Lake of the Desert; thence, in a direct line to the nearest head water of the Menomonie river; thence, through the middle of that fork of the said river first touched by the said line, to the main channel of the said Menomonie river; thence, down the centre of the main channel of the same, to the centre of the most usual ship channel of the Green Bay of Lake Michigan; thence, through the centre of the most usual ship channel of the said bay to the middle of Lake Michigan; thence, through the middle of Lake Michigan, to the northern boundary of the state of Indiana, as that line was established by the act of congress of the 19th of April 1816; (b) thence, due east, with the north boundary line of the said state of Indiana, to the north-east corner thereof; and thence, south, with the east boundary line of Indiana, to the place of beginning. 2. Nothing in this act contained, or in the admission of the said state into the Union as one of the United States of America upon an equal footing with the original states in with the sale of all respects whatever, shall be so construed or understood as to confer upon the people, the public lands. legislature or other authorities of the said state of Michigan, any authority or right to interfere with the sale by the United States, and under their authority, of the vacant and unsold lands within the limits of the said state; but that the subject of the public lands, and the interests which may be given to the said state therein, shall be regulated (a) The 2d section of this act provided that as a fundamental condition of such admission, the boundaries herein established should receive the assent of a convention of delegates elected by the people of the state. And this assent having been given on the 13th December 1836, by act 26th January 1837, it was provided "that the state of Michigan shall be one, and is hereby declared to be one of the United States of America, and admitted into the Union on an equal footing with the original states, in all respects whatever." 5 Stat. 144. (6) 3 Stat. 289. by future action between congress, on the part of the United States, and the said state 15 June 1836. or the authorities thereof. And the said state of Michigan shall in no case and under Nor to tax them. no pretence whatsoever, impose any tax, assessment or imposition of any description, upon any of the lands of the United States within its limits. 5 Stat. 59. 3. That in lieu of the propositions submitted to the congress of the United States 23 June 1856 3 1. by an ordinance passed by the convention of delegates at Detroit, assembled for the purpose of making a constitution for the state of Michigan, which are hereby rejected; and that the following propositions be and the same are hereby offered to the legislature of the state of Michigan, for their acceptance or rejection, which if accepted under the authority conferred on the said legislature by the convention which framed the constitution of the said state, shall be obligatory upon the United States. First. That section numbered sixteen in every township of the public lands, and Section 16, in where such section has been sold or otherwise disposed of, other lands equivalent for schools. every township, thereto, and as contiguous as may be, shall be granted to the state for the use of schools.(a) Second. That the seventy-two sections of land set apart and reserved for the use and Lands granted for a seminary. support of a university by an act of congress approved on the 20th day of May 1826, entitled "An act concerning a seminary of learning in the territory of Michigan,” are hereby granted and conveyed to the state, to be appropriated solely to the use and support of such university, in such manner as the legislature may prescribe: And provided also, That nothing herein contained shall be so construed as to impair or affect in any way the rights of any person or persons claiming any of said seventy-two sections of land, under contract or grant from said university. Third. That five entire sections of land, to be selected and located under the direction Lands for public buildings. of the legislature, in legal divisions of not less than one quarter-section, from any of the unappropriated lands belonging to the United States within the said state, are hereby granted to the state for the purpose of completing the public buildings of the said state, or for the erection of public buildings at the seat of government of the said state, as the legislature may determine and direct. state. Fourth. That all salt springs within the state, not exceeding twelve in number, with Salt springs six sections of land adjoining, or as contiguous as may be to each, shall be granted to granted to the the said state for its use, the same to be selected by the legislature thereof, on or before the first of January 1840; and the same, when so selected, to be used on such terms conditions and regulations as the legislature of the said state shall direct: Provided, That no salt spring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said state: And provided also, That the general assembly shall Not to be sold or never sell or lease the same, at any one time, for a longer period than ten years, without than ten years. the consent of congress. leased for longer proceeds of lands interfere with Fifth. That five per cent. of the net proceeds of the sales of all public lands lying Five per cent. of within the said state, which have been or shall be sold by congress, from and after the for roads, &c. first day of July 1836, after deducting all the expenses incident to the same, shall be appropriated for making public roads and canals within the said state, as the legislature may direct: Provided, That the five foregoing propositions herein offered, are on the con- State not to dition that the legislature of the said state, by virtue of the powers conferred upon it by the disposal of the convention which framed the constitution of the said state, shall provide, by an ordi- the public lands nance, irrevocable without the consent of the United States, that the said state shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations congress may find necessary for securing the title in such soil to the bonâ fide purchasers thereof; and that no tax shall be imposed on lands Taxation. the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, whilst they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the state, whether for state, county, township or any other purpose, for the term of three years from and after the date of the patents respectively. 5 Stat. 61. 4. The laws of the United States, which are not locally inapplicable, shall have the 1 July 1836 L same force and effect within the state of Michigan, as elsewhere within the United States. II. CIRCUIT AND DISTRICT COURTS. 5 Stat. 62. 5. The said state shall be one district, and be called the district of Michigan; and a 1 July 1836 2. district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge; he shall hold, at the seat of government of the District court said state, two sessions of the said district court annually, [on the first Mondays in May (a) See Cooper v. Roberts, 6 McLean, 93. established. |