Pettersson v. Empire Transp. Co.

Citations

• 111 F. 931
• 50 C.C.A. 63
• 1901 U.S. App. LEXIS 4447

Syllabus

<p>1. Seamen—Settlement on Disoharoe—Conclusiveness ov Statutory Release.</p> <p>Under the provisions of Rev. St. §§ 4549, 4552, requiring seamen to be discharged and paid their wages before a shipping commissioner, in whose presence a mutual release shall be signed and attested by him, if the parties agree upon a settlement, and further providing that “such release shall operate as a mutual discharge and settlement of all demands for wages between the parties thereto on account of wages in. respect of the past voyage or engagement,” a release so executed and attested without fraud or coercion is conclusive on the parties.</p> <p>3. Same.</p> <p>The purpose of the statute in requiring settlements with seamen to be made before a shipping commissioner is to guard against their being-overreached by the master, by placing the parties on an equal footing; and the provision of Rev. St. § 4552, that on the completion of any discharge and settlement “the master or owner and each seaman respectively, in the presence of the shipping commissioner shall sign a mutual release, * * * and the shipping commissioner shall also sign and attest it,” does not require that all the parties shall appear before the commissioner and execute such release at the same time; but a master may leave with a commissioner a proposition for settlement, together with the wages due thereunder, and a release executed by him before the commissioner, and upon the acceptance of the money by the seamen, and the signing of the release by them, and its attestation by the commissioner, such release becomes effective, under the statute.</p> <p>8. Same—Coercion—Facts Considered.</p> <p>Seamen signed for service on a vessel employed as a government transport for a voyage to Manila and such other ports as the master might direct, and return to the Pacific Coast for discharge; the voyage not to exceed six months. At the expiration of the six months the vessel was at Manila, and they demanded their payment and disch