46 U.S.C. § 10305

Manner of signing agreement

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The agreement required by section 10302 of this title shall be signed—(1) first by the master and dated at that time, after which each seaman shall sign; and(2) in the presence of the master or individual in charge.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 563; Pub. L. 103–206, title IV, § 403, Dec. 20, 1993, 107 Stat. 2436.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

10305

46:565

Section 10305 describes the procedures for signing the shipping agreement, and for keeping official records of the agreement. It also requires that the agreement include a statement that the seaman understand its provisions, and did so while sober.

Editorial NotesAmendments

1993—Pub. L. 103–206 struck out “(a)” before “The agreement”, substituted “the master or individual in charge” for “a shipping commissioner” in par. (2), and struck out subsecs. (b) and (c) which read as follows:

“(b) When the crew is first engaged, the agreement shall be signed in duplicate. One of the copies shall be retained by the shipping commissioner. The other copy shall contain space for the description and signatures of seamen engaged subsequent to the first making of the agreement, and shall be delivered to the master.

“(c) An agreement signed before a shipping commissioner shall be acknowledged and signed by the commissioner on the agreement in the manner and form prescribed by regulation. The acknowledgment and certification shall include a statement by the commissioner that the seaman—

“(1) has read the agreement;

“(2) is acquainted with and understands its conditions; and

“(3) has signed it freely and voluntarily when sober.”

Notes of Decisions
Cited in 1 case, 2002–2002 · leading case: Harper v. United States Seafoods LP, 278 F.3d 971 (9th Cir. 2002).
Harper v. United States Seafoods LP, 278 F.3d 971 (9th Cir. 2002). “Given its history, this provision is best understood as an elaboration of the manner in which the agreement is to be signed, not the addition of a signature requirement to a provision that otherwise would not require it. U.S. Seafoods’ argument with respect to § 10502 is…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.