OFFICERS AND MERCHANT SEAMEN 217 



visions of title 53 of the Revised Statutes, or any dispute arises be- 

 tween the master and seamen touching wages, the district judge for 

 the judicial district where the vessel is, or in case his residence be 

 more than three miles from the place, or he be absent from the place 

 of his residence, then, any judge or justice of the peace, or any United 

 States commissioner, may summon the master of such vessel to appear 

 before him, to show cause why process should not issue against such 

 vessel, her tackle, apparel, and furniture, according to the course 

 of admiralty courts, to answer for the wages. (R.S. § 4546; May 28, 

 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956.) 



Libel for wages 



46 U.S.C. 604 (R.S. 4547) 



If the master against whom such summons is issued neglects to 

 appear, or, appearing, does not show that the wages are paid or 

 otherwise satisfied or forfeited, and if the matter in dispute is not 

 forthwith settled the judge or justice or T'nited States commissioner 

 shall certify to the clerk of the district court that there is sufficient 

 cause of complaint whereon to found admiralty process; and there- 

 upon the clerk of such court shall issue process against the vessel. 

 In all cases Avhere the matter in demand does not exceed $100 the re- 

 turn day of the monition or citation shall be the first day of a stated 

 or special session of court next succeeding the third day after the 

 service of the monition or citation, and on the return of process in 

 open court, duly served, either party may proceed therein to proofs 

 and hearing without other notice, and final judgment shall be given 

 according to the usual course of admiralty courts in such cases. In 

 such suits all the seamen having cause of complaint of the like kind 

 against the same vessel may be joined as complainants, and it shall 

 be incumbent on the master to produce the contract and logbook, 

 if required to ascertain any matter in dispute; otherwise the complain- 

 ants shall be permitted to state the contents thereof, and the burden 

 of proof of the contrary shall be on the master. But nothing herein 

 contained shall prevent any seaman from maintaining any action at 

 common law for the recovery of his wages, or having immediate 

 process out of any court having admiralty jurisdiction wherever any 

 vessel may be found, in case she shall have left the port of delivery 

 where her voyage ended before payment of the wages, or in case she 

 shall be about to proceed to sea before the end of the ten days next 

 after the day when such wages are due, in accordance with section 

 596 of this title. This section shall not apply to fishing or whaling 

 vessels or yachts. (R.S. § 4547; May 28, 1896, ch. 252, § 19, 29 Stat. 

 184; Dec. 21, 1898, ch. 28, §§ 6, 26, 30 Stat. 756, 764; Mar. 2, 1901, ch. 

 814, 31 Stat. 956.) 



Libel of canalboats for wages 



46 U.S.C. 611 (R.S. 4251) 



No canalboat, without masts or steam power, which is required to 

 be registered, licensed, or enrolled and licensed, shall be subject to 

 be libeled in any of the United States courts for the wages of any 

 person who may be employed on board thereof, or in navigating the 

 same. (R.S. § 4251.) 



