New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-02

SEC. 10. That the following rules shall b
observed with respect to agreements: First
every agreement Except in such cases c
agreements as are hereinafter specially prC
vided for) shall be signed by each seama
in the presence of a shipping-commission
secondly, when the crew is first engaged
the agreement shall be signed in duplicate
and one part shall be retained by the ship
commissioner, and the other part shall
contain special place or form for the de
scriptionEand signatures of persons engage,
subsequently to the first departure Of tin
ship, and shall be delivered to the master
| thirdly, every agreement entered into be
fore shipping shall be &C
| knowledged and certified under the hanC
and official seal of such commissioner, anC
| shall be Endorsed on or annexed to sucl
agreement, and such certificate of acknowI
edgement shall be in form and manner fol
| lowing, to wit:
estate of -, county of -:
| son this -- day of -- personally
| appeared before me, shipping commits
| sioner in and for the said county, A. B.. c.
| d. and E. F., severally known to me to be
| the same persons who executed the f0regO
ing instrument, who each for himself &C
knoWledged to me that he had read or had
heard read the same; that he was by me
made acquainted with the conditions
thereof, and understood the same, and that
| while sober, and not in state of intoxica-
ton, he signed it freely and voluntarily, for
the uses and purposes therein mentioned"
SEC. H. That, first, if any person shall be
carried to sea as one of the crew on board of
any ship making voyage as hereinbefore
specified without entering into an agree
ment with the master of said ship in the
form and manner and at the place and times
hereby in such cases required the ship shall
be held liable, and for each such Otfense
shall incur a penalty not exceeding two
hundred dollars: provided always, that the
ship shall not be held liable for any person
carried to sea who shall have secretly
slowed away himself without the knowf-
edge of captain, mate, or of any of the Off
GERS OF the ship, or who shall have falsely
persOnated himself to the captain, mate, or
officers of the ship for the purpose of being
carried to sea; secondly, if any master,
mate, or other officer of ship knowingly
receives, or accepts to be entered on board Of
any merchant ship, any seaman who has
been engaged or supplied contrary to the
provisions of this act, the ship on board of
which such seaman shall be found shall, for
every such seaman be liable to and incur
penalty OF sum not exceeding two hun
dred dollars; provided further, that in case
OF desertion, or of casualty resulting in the
loss OF one or more seamen, the master NAV
ship number equal to the number Of
NA4OSC SCI lCC5 IlC LIDS D6Cu uSDIIN6u DIV de-
sRrtiOn or casualty, and report the same to
the United States consul at the first port at
which he shall arrive. without mourning
such penalty.
SEC l5 That every master of a merchant !
ship of the United States who engages any
seaman at place out of the United States,
IN which there is a consular officer or com
mercial agent, shall, before carrying such
seaman to sea, procure the sanction of such
GhoH
such officer; and the same rules as are
herelnbetore contained with respect to the
engagement .Of seamen before shippiDg
in the United States shall |
apply to such engagements made before
consular officer or commercial agent: and |
upon every such engagement the consular
o1hcer or commercial agent shall indorse |
upon the agreement his sanction thereof, |
and an attestatOn to the effect that the |
same has been signed in his presence, and |
made as. hereby required; and |
every master who engages any seaman in |
any place IN which there is a consular off !
ser or commercial agent otherwise than as
16relnbetore required, shall incur penalty
lot exceeding one hundred dollars, for
which penalty the ship shall be held liable:
and all such agreements so made shall be |
7old, and the seamen so engaged shall be
entitled to recover the highest rate of wages
II the port from which the seaman was |
shipped
SEC. l6. That all stipulations for the az
otment of any part of the wages of a sea
nan during his absence which are made at
he commencement of the voyage shall be
Inserted in the agreement, and shall state
he amounts and times of the payments to
'e made, and the persons to whom such
are to be made
SEC 10 That no advance of wages shall
'e made or advance security given to any
'erson but to the seaman himself, or to his
wife or mother and no advance of wages
hall be made, or advance security given.
Mess the agreement contains stipulation
or the same, and an accuraGe statement of
he amount thereof; and no advance wages
canaan except in the presence of the ship.
ing commissioner.
SEC. IL. That if any advance in wages is
lade or advance security given to any sea-
ian IN any such manner as to constitute a
reach of. any Of the above provisions. the
ages of such seaman shall be recoverable
J MN as II NO such advanCe'bad been made
promised; and in the case of any adj
ance security so given no person shall he
led thereon unless he was party to such
reach
SEC. -. That whenever any advance Sc /
lflty Is discounted for any seaman, such t
,aman shall sign or set his mark to a re, t
Ip6 Endorsed on the security, stating the t
III actually paid or accounted for to him {
the person dlscounting the same and if t
he seaman sails IN the ship from the port of g
'pafture mentioned in the security, and is 1
en- duly earning his wages, or is previously
schafged with the consent of the master. a
IL not otherwise, the person discOunting the t
curlty may, ten days after the final deDar- '
re OF the ship from the said port of depart c
e mentioned IN the security, sue for and | a
cover the amount promised by the Sc t
rity, with costs, either from the owner a
from any agent who has drawn or an b
orlzed the drawing of the security, in apy Il
5uees or other competent court: and in a
y such proceeding it shall be sufficient t.
such person to prove the security was O
ven by the owner or master, or some a
Der authorized agent, and that the same a
Is discounted to and receipted bv the if
tman, aud the seaman shall he presumed le
have sailed in the ship from such mort a. b
,resald, and to be duly earning his wages Ii
less the contrary is proved. d.
'EC' ~. That the master shall. AFT tba al
hlnencement OF every voyage or engage. V;
~, cause leglbIe copy of the agreement tt
!iI ~ slgha1uresJ to be placed or posted &C
IN such part OF the ship as to he accassi lie
10 the crew; and on default shall for ce
- oHense, incur penalty not exceeding
: hundred dollars Of
Ec; 81 That any seaman who has pr
ned an agreement and is afterward dis. co
rged before the commencement of tbe til
age or before one months wages are tn
ned, without fault on his part Justify. be
such g discharge, and without his CON co
Z, shai De entitled to receive from the cit
,seF q owner, IN addition to am wages ca
nay nave earned, a sum equal in amoSnt tin
ne months wages as COMPENSATION and th
:, on addueing such evidence as the Sc;
rt nearing the case deems satisfactory it
having been so impronerIr discharned ! Of