The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1840-08-26

mot been, during the voyage. sufficient and
wholesome, therrupon in any OF these or like
cases, the consul or commercial agent who
Imay discharge any duties Of a consul shall ap-
point two disinterested, competent, preaiicsl
men, acquainted with maritime affairs TO exam
inc into the causes OF complaint, who shall in
their report state what defects aud Deficiencies,
if any, they find To he well founded, as well as
what in their judgment ought TO be done 10
put the vessel in order for the continuance Of
her voyage.
18Th. The inspectors so appointed shall
have full power TO examine the vessel and
whatever il aboard Of her, rs far as is pertinent
to their inquiry, and also 10 hear and receive
any other proofs which the ends Of justice may
require, aud II, upon view Of the whole pro-
eeedings, the consul or other commercial a.
gent shall be satisfied Herewith, be may APP
prove the whole or any part Of the rrpori, and
shall certify such approval, and if he dissen's,
shall also certify his reasons for 30 dissenting
l4ib. The Inspectors in their report shall
also slate whether, in their opinion, the vessel
was sen, to sea suitably provided for in any i'm
portant or essential particular, by neglect or de-
sign, or through mistake or accident, and IN
case il was by neglect or design, and the consul
or other commercial agent approves OF such
! finding, he shall discharge such Of the crew as
require il, each of whom shall be entitled to 3
monihs pay in addition to his wages 10 the
time of dischsrge-but If, in the opinion OF tho
inspectors, the defects or DEFICIENCIES found TO
exist have been the result Of mistake or acci-
dent, and could not, in the exercise of ordinary
care have been known and provided against he
fore the sailing Of the vessel, and the master
shall, 10 a reasonable time, remove or remedy
he causes Of complainl, then the crew shall
remain and discharge their duty-otherwise
they shall, upon their request, he discharged,
and receive eM h one months wages 10 addition
to The pay up to the time Of discharge.
18Th. The master shall pay all such 'rea-
soDable charges in The premises ms shall be Of
! 6cially certified 10 him under the hand OF the
consul or Other commercial agent, but IN case
the inspectors report that the complaint -
without any good and sufficient cause, the
master may retain from the wages Of the com
plainanis, in proportion 10 the pay Of each-ihe
amount Of such charges, with such reasonable
damages for deieaiion on that accouat as the
consul or other commercial agent directing the
inquiry may officially certify.
10Th. The crew Of any vessel shall have the
fullest liberty 10 lay their complaints before the
consul or commercial agent iD any foreign
port and shall IN no respect be restrained or
hindered therein by the master or any officer,
unless some sufficient and valid objection exist
against their landing-in which case, If any
mariner desire to see the consul or commercial
agent, il shall be the duty, of the master TO ac-
quaint him with il Notwithstanding the rea-
son why the mariner is not permitted to land,
and that he is desired TO come on board, where
upon it shall be the duty Of such consul or
commercial agent TO repair on board and in
Iquire into The causes OF complaint, and 10 pro-
ceed thereon, as this act directs.
! 18th. In all cases where deser,ers are appre-
hendsd, the consul or commercial agent shall
inquire into the facts-and is satisfied that the
ldesettion was caused by unusual or cruel treat
ment, the mariner shall be discharged, and re-
ceve, IN addition to his wages TO the time Of
his discharge, 3 months pay-and the officer
dlscharging him shall enter upon the crew list
and shipping articles the cause Of discharge,
= and particulars in which the cruelty or unus-
ual lreaIincnt consisted, and subscribe his name
thereto officially.
18th. II any consul or commercial agent
shall neglect OF omit to perform, seasonably
= the dniies hereby imposed upon him, shall
be guilty of any malversaton or abuse OF power
he shall be liable to any njured person for all
damages occasoned ihereby--and for all NAL
ycrsaion and corrupt conduct in Office, he shall
Il be liable ts indictment, aud on convIcicn by
any court of competent jurisdiction, shall be
fined not less than more than ten thou
sand dollars, and be imprisoned not less than
ore more than five years
/ 19lh. II any master OF vessel shall pro-
ceed on foreign voyage without the docu-
ments herein required. or refuse TO produce
them when reqnured. OF To perform the duties
imposed by tins act or shall violate the piovis-
ious thereof, h, shall he liable to each and
every individual injured thereby, and damages,
and shall, IN addition thereto, be liable TO pay a
fine Of one hundred dollars for each and every
offence, 10 be recovered by any person sueing
therefor in any court of the United States IN
the district where such delinquent may reside
or be found.
Goth 1t shall be the duty of the boarding
officer TO report all violations of this act to the
collector of the port where any vessel may ar
rive, and the collector shall report the same TO
the Secretary of the Treasury and 10 the a,tor.
nsy Of the United States in his district.
2lsl. This act shall be IN force from and az
ter The first day OF October neXt--and shall rot
apply Ia vessels which have sailed from ports
OF the United States before that time.
APPROVED July 22d, 1910.