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

shall DC entltItu 10 wages Tor any period
during which he unlawfully refuses or neg
lects 10 work when required, after the time
fixed by the agreement for his beginning
work, nor, unless the court hearing the case
otherwise directs, for any period during
which he Is lawfully imprisoned for any of
tense committed by him..
SEC. 35. That the master or owner Of any
ship making voyages as hereinbefOre de-
scribed in section twelve of this act, except
foreign-going ships, shall pay to every sea
man his wages within two days. after the
termination Of tile agreement, or at the
time such seaman is discharged whichever
first happens: and in the case Of foreign
going ships, within three days after the
cargo has been delivered, or within FIVE
days after the seamanis discharge, which
ever first happens; and in all cases the sea-
man shall, at the time of his discharge, be
entitled to be paid, on account, a sum equal
TO one-f0urth part OF the balance due to
him; and every master or owner who ne
elects or refuses to make payment in man
Der aforesaid without sufficient cause shall
pay TO the seaman sum not exceeding the
amount Of two days pay for each Of the
days, not exceeding ten days, during which
payment is delayed beyond the respective
periods aforesaid; and such sum shall be
recoverable as wages IN any claim made be
fore the court: provided, that this section
shall not apply to the masters or owners Of
any vessel where the seaman is entitled to
share IN the profits of the cruise or voyage.
SEC. 36. That any three or more OF the
crew OF any merchant ship of the United
States, as deEcribedRin section twelve Sot
this act, may complain to any officer in com
mand Of any Of the ships in the United
States navy, or any American consular Off
Ger, or any shipWng commissioner, or any
chief officer of the customs that, the pro-
visions or water for the use of the crew
are at any time of bad quality unfit for
use. or deficient in quantity; such officer
shall thereupon examine the said provisions
or water, or cause them to be examined;
and il on examination such provisions or
water are found to be of bad quality and
unfit for use, or be deficient in quantity, the
person making such examination shall sig
Nifty the same in writing to the master of
tie ship; and if such master does not there
upon provide other provisions or water,
where the same can be had in lieu of any
so Fignitied to be OF a bad quality and unfit
for use, or does not procure the requisite
quantity Of any so signifed TO be insufficient |
in quantity or uses, any provisions of water
which have been so signifed as aforesaid to |
be Of bad quality and unfit for use, he shall. |
in every such case, incur a penalty not ex-
ceeding one hundred dollars; and upon |
every such examination as aforesaid the |
officers making or directing the same shall |
enter statement of the result of the |
examination in the log book; and shall |
send a report thereof to the district |
judge of the port at which such vessel is
bound, and such report shall be received |
in evidence in any legal proceedings.
Sec. 81. That if the officer to whom any
such complaint as last aforesaid is made
certlties in such statement as aforesaid that
there was no reasonable ground for such |,
complaint, each of the parties so complain
ing shall be liable to forfeit to the master
or owner, out of his wages, sum not ex-
Ceeding one weeks wages.
Z a
while on board any ship, shall state to the
master that they desire to make complaint,
as aforesaid, TO any consular officer, or naval +
officer of any ship of the United States or
any shipping commissioner, against the
master, the said master shall, if the ship is
then at place where there is any such
officer as aforesaid, so soon as the service
Of the ship will permit, and if the ship is not
then at such place, so soon after her first
arrival at such place as the service Of the
ship will permit, allow such seameD, or any
OF them, 10 go ashore, or send him or them
may be enabled to make such complaint;
and shall N default incur penalty not ex-
ceeding one hundred dollars.
SEC. 49, That in the following cases, that
is to say, first, if, during voyage, the
allowance of any of the provisions which
any seaman has, Wy his agreement, stlpu-
lated for is reduced Except in accordance
with any regulations for reduction by
way of punishment, contained in the
agreement, and also for any time
during which such seaman wIlltully, and !
without sufficient cause, refuses or neg
!ects to perform his duty, or IS lawfully I'M
der confinement for misconduct, either on
board or on shore); secondly, if it is shown
that any Of such provisions are, or have {
been during the voyage, bad in quality, and
unfit for use the seaman shall receive by
wav of compensation for such reduction or
bad quality, according to the time OF It's
continuance, the following sums, to be pad |
to him in addition to and 10 be recoverable
as wages, that is to say: First, if his allow
ance is reduced by any quantity not exceed j
ing 0ne.third of the quantity specified IN the
agreement, a sum not exceeding fifty cents
a day; secondly, if his allowance IS reduced
by more than one-third of such quantity,
sum not exceeding. one dollaf gay !
thirdly in respect of such bad quality as
aforesaid, sum not exceeding one dollar a
dav. But if it is shown to the satisfaction
Of the court before which the case Is tried
that any provisions the allowance OF winch
has been reduced could not be procured or
gupnlied in sufficient quantities, or were
7iAavoidably injured or lost, and that
proper and equivalent substitutes were sup i
Ilied in lieu thereof in a reasonable time, |
The court shall take such circumstances into
and shall modify or refuse |
as the justice OF the case may {
require.
SEC. 40. That every ship belonging to a
citizen or citizens OF the United States, as
described in section twelve of this act, shall {
he provided with a chest of medicines; and {
every sailing ship bound on u voyage across :
the Atlantic or Pacific Ocean, or around '
Cane Horn, or the Cape of Good Hope, or
engaged in the whale or other fisheries, or &
in sealing, shall also be provided with, and S
cause to be kept, sufficient quantity of a
lime or lemon juice, and also sugar and q
vinegar or other anti-scorbutics, as Con- {
gress may sanction, to be served out to
every seaman as follows that is to say, the S
master of every such ship, as last aforesaid,
shall serve the lime or lemon juice, and '
sugar and vinegar, to the crew, within ten t
days after salt provisions mainly have been /
served out to the crew, and so long after S
ward as such consumption of salt provisions j
continues, the lime or lemon juice and sugar s
daily at the rate of half an ounce each per i
day and the vinegar weekly at the rate of I
half pint per week for each member of the C
crew,
SEC. Al. That if on any such ship as afore b
said such medicines, medical stores, lime
or lemon juice, or other articles, sugar and L
vinegar, as are hereinbefore required, are Y
not provided and kept on board, as herein Q
before required, the master or owner shall !
incur penalty not exceeding five hundred I
dollars; and if the master of any such ship G
as aforesaid neglects to serve out the lime t
or lemon juice, and sugar and vinegar in
the case and manner hereinbefore directed. s