New Orleans Republican., 1872-10-03
belonging to the United States merchant

| following OttenSes, he shall be liable TO De
punished as follows, that is to say: first, fOl
| desertion, he shall be liable to Imprisonment
| for any period not exceeding three months
| and also to forfeit all or any part of the
| clothes or effects he leaves on board
aHd all or any part of the wages or emol-
uments which he has then earned; second
| ly, for negleeting and refusing, without
reasonable cause, to join his ship, or to pro
ceed to sea in his ship, or for absence with,
out leave at any time within twenty-four
hours of the ships sailing from any port,
either at the commencement or during the
progress of any voyage, or for absence at
any time without leave, and without sutfi-
cient reason. from his ship or from his
duty, not amounting to desertlon, or not
treated as such by the master, he shall be
liable to imprisonment for any period not
exceeding one month, and also, at the dis
cretion of the court, to forfeit QUE OF his
wages sum not exceeding the amount OF
| two days pay, and, in addition, for every
twenty-four hours of absence, either sum
not exceeding six days pay, or any ex-
penses which have been properly incurred
in hiring substitute; thirdly, for quitting
the ship without leave after her arrival at
her port of delivery, and before she is
placed in security, he shall be liable to for
felt out of his wages sum not exceeding
one months pay; fOurthly, for willfal
shall be liable to Imprisonment for any pc
riod not exceeding two months, and also,
at the discretion of the court, to forfeit out
OF his wages a sum not exceeding tour days
pay; filthy, for continued willful disobe
dience to lawful commands, or continued
willful neglect of duty, he shall be liable
to Imprisonment for any period not exceed
ing six months, and also, at the discretion
of the court, to forfeit, for every twenty
four hours continuance of such disobedi-
ence or neglect, either sum not exceeding
twelve days pay, or any expenses which
have been properly incurred in hiring
a substitute; sxthly, for assaulting any
master or mate, he shall be liable to impris-
onment for any period not exceeding two
years; seventhly. for combining. with any
other or others of the crew to disobeY lawful
commands or to neglect duty, or to impede
navigation of the ship, or the progress of
the voyage, he shall be liable to imprison-
ment for any period not exceeding twelve
months; efghthly, for Willfully damaging the
ship or embezzling or willfully damaging
any of the stores or CARGO he shall be liable
to forfeit out of his wages a sum equal in
amount to the loss thereby sustained, and
also, at the discSetion of the court, to i'm
prisonment for any period not exceeding
twelve months; ninthly, for any act of
smuggling of which he is convicted, and
whereby loss or damage is occasioned
to the master or owner, he shall be
liable to pay such master or owner such
a sum as is sufficient to reimburse the
master or owner for such loss or dam
age, and the whole or any part of
his wages may be retained in satisfaction
or on account of such liability and shall
also be liable to imprisonment for a period
not exceeding twelve months.
SEC. 3d. That upon the commission of any
of the ofenses enumerated in the last pre-
ceding section an entry thereof shall be
made in the official log book, and shall be
signed by the master and also by the mate
or one of the crew; and the offender, if still
in the ship, shall, before the next subse-
quent arrival of the ship at any port or if
she is at the time IN port. before her de-
parture therefrom either be furnished with
copy of such entry, or have the same
read over distinctly and audibly to him,
and may thereupon make such reply thereto
as he thinks fit; and statement that
copy of the said entry has been so fur
nished or that the same has been SO read
over as aforesaid, and. the reply fif any
made by the offender shall likewise be
entered and signed in manner aforesaid;
and in any subsequent legal proceedings
the entries hereinbefore required shall, if
practicable, be produced or proved, and in
default of such production or proof, the
court hearing the case may, at its discre-
tion, refuse to receive evidence of the of
fense..
Sec. SO. That whenever, either at the COM
or during the progress of any
voyage, any seaman or apprentice 'neglects
or refuses to join; or deserts from or refuses
to proceed to sea; in any ship in which he is
duly engaged to serve, or is found other
wise absenting himself therofrom without
leave, the master, or any mate, or the
owner, or cOnslgnee, or shipping commits
sioner, may, in any place in the United
States, with or without the assistance of the
local public officers or constables, who are |
hereby directed to give their assistance if |
required, and also at any out of the United |
States, if and so far as the avs in force at |
such place will permit, apprehend him
without first procuring warrant, and may
thereupon, in any case, and shall in case he |
so requires, and it is practicable, convey !
him before any court of justice or justices
Of any State, city, town, or county, within
the United States capable of taking cog
nizance Of offenses of like degree and kind
OF the matter, to be dealt with according to
the provisions hereinbefore contained in
reference to such cases; and may, for the
of conveying him before such court
IF justice, detain him in custody for pc
Rod not exceeding tWenty-four hours, or
shorter time, as may be necessary, or may,
+ he does not so require, or if there is no
such court at or near the place. at
,nce convey him on board; and if such
appears to the court of
ustice before which the case is brought to
rave been made on improper or on insuti-
;ient grounds, the master, mate, consignee
IT shipping commissioner who makes the
ame, or causes the same to be made, stall
ncur penalty not exceeding one hundred
iollars; but such penalty, if inflicted, shall
)e bar to any action for false imprison-
nGnt.
SEC, 81. That any master of, or anv sea-
nan or apprentice belonging to, any mer-
hant ship who, by willful breach of duty, or
Who, by reason Of drunkenness, does anT act
ending to the immediate loss destruction
II serious damage to such ship, or tending
to endanger the life or limb of
ny person belonging to or on board of such
hip, or who, by wiltful breach of duty. or
y neglect OF duty, or by reason of drunk,
nness, refuses or omits to do any lawful
ct proper and requisite to be done by him
or preserving such ship from immediate
1ss, destruction or serious damage, or for
reseFvlng any person belonging to or on
oard OF such ship from immediate danger
, life or limb, shall, for every such offense,
g deemed guilty of a misdemeanor and
hall be liable TO Imprisonment for a period
OF exceeding twelve months.
SEC. SIS. That all clothes, effects and wages
hich, under the provisions of this act,
re forfeited for deseFtion, shall be applied,
| the tirst instance, in payment of. the ex-
enses occasloned by such desertion to the
aster or owner of the ship from which the
asertlon has taken place, and the balance
any shall be paid by the master or
#ner TO any shipping commissioner resi- 4
snt at the port at which the voyage of
lch ship terminates; and the shipping
'mmlssloner shall account to and pay over
lGH naIdnpa iuHyo of tGa 3,