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FEDERAL
VOLUME 2

REGISTER
1934

i/AiiTEO

NUMBER 203

Washington, Wednesday, October 20, 1937
the laws of the United States relating to officers, inspection, and measurement until they arrive in ports of the United E x e c u t iv e O r d e r States. 46 U. S. C. 12.
In the case of undocumented American-owned vessels AMENDING THE INSTRUCTIONS TO DIPLOMATIC OFFICERS AND THE
abroad, incapable of proceeding to the United States sec.
CONSULAR REGULATIONS
343, the crews are usually made up of men who are not By virtue of and pursuant to the authority vested in me American citizens or American seamen. Seamen of this by section 1752 of the Revised Statutes 22 U. S. C. 132, class when not serving under a contract made in the United it is ordered that the Instructions to Diplomatic Officers and States are not regarded as within the jurisdiction of the the Consular Regulations be, and they are hereby, amended consular officer as to their shipment or discharge. Seamen as follows:
engaging on such vessels who are American citizens, and 1. Section XV-8 of the Instructions to Diplomatic Officers foreigners who have acquired and maintained the status of is prescribed as follows:
American seamen are to be shipped and discharged before Condolences, congratulations, felicitations, etc.When the consular officer in the same manner as seamen on regu com m unicating condolences, congratulations, felicitations, larly documented vessels.
c Shipments at ports where no consular officer or at etc., diplomatic officers will be governed by the rules on the subject established by the Department of State from sea.Where seamen are shipped at ports where there is no consular officer or at sea, report is made to the consular time to time.
officer a t the first port at which the vessel arrives and the 2. Article XU of the Consular Regulations is amended to seamen are then formally shipped before such officer, who read as follows:
will endorse the shipping articles and crew list as required SH IPM E N T OF SEAMEN
form no. 16, and indicate carefully in such endorsement 189.
Shipment of seamen in foreign ports.a Every the date when wages commenced prior to the date of formal master of a merchant vessel of the United. States who shipment before the consular officer.
d Shipments not required to he made before consular engages any seaman a t a place out of the United States, in which there is a consular officer shall, before carrying such officer.The shipment of seamen on vessels engaged in the seaman to sea, procure the sanction of such consular officer, trade between the United States and the Dominion of and shall engage seamen in his presence; and the rules Canada, or Newfoundland, or the West Indies, or the Re governing the engagement of seamen before a shipping public of Mexico, is not required to be made before a commissioner in the United States shall apply to such consular officer 46 U. S. C. 563-564; nor are seamen engagements made before a consular officer; and upon every on fishing vessels or on enrolled or licensed yachts required such engagement the consular officer shall endorse upon to be shipped before such officers. Upon request, however, the articles of agreement his sanction thereof, and an seamen on vessels of the United States engaged in any attestation to the effect th at they have been signed in his trade may be shipped before a consular officer.
190. Obligation to fill vacancies in crew.In case of presence and otherwise duly made form no. 161. 48
desertion or casualty resulting in the loss of one or more U. S. C. 570.
Every master who engages any seaman in any place in of the seamen, the master must ship, if obtainable, a num which there is a consular officer, otherwise than as re ber equal to the number of those whose services he has quired by the preceding paragraph, shall incur a penalty been deprived of by desertion or casualty, who must be of of not more than $100, for which penalty the vessel shall the same or higher grade or rating with those whose places they fill, and report the same to the United States consul be held liable. 46 U. S. C. 571.
All shipments of seamen made contrary to the provisions at the first port at which he shall arrive. This section shall of any act of Congress shall be void; and any seaman so not apply to fishing or whaling vessels or yachts. 46
shipped may leave the service at any time, and shall be U. S. C. 569.
191. Voyage or term for which seamen may be shipped.
entitled to recover the highest rate of wages of the port from which the seaman was shipped, or the sum agreed to Every master of a vessel in the foreign trade may engage any be given him at his shipment. 46 U. S. <3. 578. The seaman at any port out of the United States, in the manner provisions of this paragraph are not applicable to contracts provided by law, to serve for one or more round trips from whereby fishermen ship for a share in the catch. 25 Fed. and to the port of departure, or for a definite time, whatever Rep. 856; 46 U. S. C. 531, 544.
the destination, and the master of a vessel clearing from a b Shipments on provisionally registered or undocu port of the United States with one or more seamen engaged mented American-aumed vessels.Vessels granted provisional in a foreign port as herein provided shall not be required to certificates of registry sec. 342 are subject to the laws of reship in a port of the United States the seamen so engaged, the United States regarding shipment, discharge, relief, and or to give bond to produce said seamen before a boarding transportation of seamen. Such vessels are not subject to officer on the return of said vessel to the United States.
2601
PRESIDENT OF THE UNITED STATES.