PRIA, Government Policy, Made Personal

Summary

Requires that a ship’s hiring contract follow a simple written form. The contract must name the ship and captain, give the date and place of first signing, and describe the voyage or its general nature and expected length if exact ports can’t be listed. Crew must promise to act orderly, honest, sober, and hardworking and obey lawful orders of the captain or whoever takes command. The captain must pay each crew member the wages shown next to their name and provide food by a set scale. If a crew member steals or willfully or negligently damages cargo or supplies, the cost can be taken from their wages. If someone claims to be able to perform a duty but proves incompetent, their pay is reduced in proportion to the incompetence. A crew member with a complaint must bring it quietly to the captain or officer in charge, who must take appropriate steps. The parties may add other lawful terms they agree on. Everyone signs and dates the agreement. The form includes columns for each seaman’s signature and details such as service time, birthplace, age, height and description, monthly and voyage wages, advances, hospital pay, total wages due, when and where they joined, job on board, when to be on board, allotments, and conduct notes. If a person signs on after the ship’s first departure, a consul, customs officer, or other witness must also sign.

Title 46, §10304

Shipping, Source: USLM XML via OLRC

The form of the agreement required by section 10302 of this title shall be in substance as follows: United States of America (Date and place of first signature of agreement): It is agreed between the master and seamen of the , of which is at present master, or whoever shall go for master, now bound from the port of to (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated). The seamen agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the master, or of an individual who lawfully succeeds the master, and of their superior officers in everything related to the vessel, and the stores and cargo of the vessel, whether on board, in boats, or on shore. In consideration of this service by the seamen to be performed, the master agrees to pay the crew, as wages, the amounts beside their names respectively expressed, and to supply them with provisions according to the annexed scale. It is agreed that any embezzlement, or willful or negligent destruction of any part of the vessel’s cargo or stores, shall be made good to the owner out of the wages of the person guilty of the embezzlement or destruction. If an individual holds himself or herself out as qualified for a duty which the individual proves incompetent to perform, the individual’s wages shall be reduced in proportion to the incompetency. It also is agreed that if a seaman considers himself or herself to be aggrieved by any breach of this agreement or otherwise, the seaman shall present the complaint to the master or officer in charge of the vessel, in a quiet and orderly manner, who shall take steps that the case requires. It also is agreed that (here any other stipulations may be inserted to which the parties agree, and that are not contrary to law). In witness whereof, the parties have subscribed their names to this agreement, on the dates beside their respective signatures. Signed by , master, on the day of , nineteen hundred and .

Signature of seaman | Time of service:

Birthplace | Months

Age | Days

Height: | Hospital money

Feet | Whole wages

Inches | Wages due

Description: | Place and time of entry

Complexion | Time at which seaman is to

Hair | be on board

Wages each month | In what capacity

Wages each voyage | Allotment payable to

Advance wages | Conduct qualifications

Amount of monthly |

allotment |

Note.—In the place for signature and descriptions of individuals engaged after the first departure of the vessel, the entries are to be made as above, except that the signature of the consul or vice consul, customs officer, or witness before whom the individual is engaged, is to be entered.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1030446:713 section 10304 provides the form of the shipping articles of agreement. While the exact format need not be followed, the form that is used must contain all the pertinent elements.

Editorial Notes

Amendments

1993—Pub. L. 103–206 struck out “Shipping commissioner’s signature or initials” immediately below “In what capacity” in the form.

§10304 Form of Agreement