McDonald

This is a proceeding to compel the master of the schooner 'Mahukona properly to account to the United States shipping commissioner at this port for the wages of T. Nishimura, a member of her crew who died at Newcastle, New South Wales, during the voyage.

The master endeavors to make certain deductions from the wages admittedly earned by the deceased, but the commissioner, being dissatisfied with the proofs and vouchers furnished, has cited the master to appear in this court to show cause why process should not issue against the vessel to answer for the master’s failure to render to him a full, complete, and lawful account, as required by the statutes.

Section 4538, R. S., provides that upon the death of a seaman the master—

Section 4539 provides:

The expression “verified by an entry in the official log book,” used in section 4539, I take to mean verified as required by section 4538; that is, signed by the master and attested by the mate and one of the crew. No such verified entry was presented to the commissioner in the instant case, and therefore, passing the question as to the right of the master to pay the earnings of a seaman to a third person upon the seaman’s order, and…