OFFICERS AND MERCHANT SEAMEN 191 



SUBCHAPTER 6H.— PROTECTION AND RELIEF 



Complaint that vessel is unseaworthy 

 46 U.S.C. 653 (R.S. 4556) 



If the first and second officers under the master or a majority of the 

 crew of any vessel bound on any voyage shall, before the vessel shall 

 have left the harbor, discover that the vessel is too leaky or is otherwise 

 unfit in her crew, body, tackle, apparel, furniture, provisions, or stores 

 to proceed on the intended voyage, and shall require such unfitness to 

 be inquired into, the master shall, upon the request of the first and 

 second officers under the master or such majority of the crew, forthwith 

 apply to the judge of the district court of that judicial district, if he 

 shall there reside, or if not, to some justice of the peace of the city, 

 town, or place for the appointment of surveyors, as in section 654 of 

 this title, taking with him two or more of the crew who, shall have made 

 such request ; and any master refusing or neglecting to comply with 

 these provisions shall be liable to a penalty of $500. This section shall 

 not apply to fishing or whaling vessels or yachts. 



Proceedings on examination of a vessel 



46 U.S.C. 654 (R.S. 4557) 



The judge or justice in a domestic port shall, upon such application 

 of the master or commander, issue his precept, directed to three persons 

 in the neighborhood, the most experienced and skillful in maritime 

 affairs that can be procured; and whenever such complaint is about 

 the provisions one of such surveyors shall be a physician or a surgeon 

 of the Public Health Sei'\nce, if such service is established at the place 

 where the complaint is made. It shall be the duty of such surveyors to 

 repair on board such vessel and to examine the same in respect to the 

 defects and insufficiencies complained of and make reports to the judge 

 or justic€, as the case may be, in writing, under their hands or the hands 

 of two of them, whether in any or in what respect the vessel is unfit 

 to proceed on the intended voyage and what addition of men, provi- 

 sions, or stores, or what repairs or alterations in the body, tackle, or 

 apparel will be necessary; and upon such report the judge or justice 

 shall adjudge and shall indorse on his report his judgment whether 

 the vessel is fit to proceed on the intended voyage, and, if not, whether 

 such repairs can be made or deficiencies supplied where the vessel then 

 lies, or whether it is necessary for her to proceed to the nearest or most 

 convenient place where such supplies can be made or deficiencies sup- 

 plied ; and the master and the crew shall in all things conform to the 

 judgment. The master or commander shall, in the first instance, pay 

 all the costs of such review, report, or judgment, to be taxed and allowed 

 on a fair copy thereof, certified by the judge or justice. But if the 

 complaint of the crew shall appear upon the report and judgment to 

 have been without foundation, the master or commander, or the owner 

 or consignee of such vessel, shall deduct the amount thereof, and of 

 reasonable damages for the detention, to be ascertained by the judge 

 or justice, out of the wages of the complaining seamen. This section 

 shall not apply to fishing or whaling vessels or yachts. 



