New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-21

g amount OF wages each seaman is to receive
Il slxthIy, scale of the provisions which ar
s TO De furnished to each seaman; seventhly
g any regulations as to conduct on board, an
as to lines, short allowance of provisions
+ oE other lawful punishment for misconduc
!; as may be sanctioned by Congress as rec
uIah0ns proper to be adopted and whiC
the parties agree to adopt; eighthly, an,
stlpuIatIOns IN reference to advance ant
allotment OF wages, or other matters no
{ contrary to law; provided, that Wheneye
the master of any vessel shall engage hi
; crew, or any part of the same, in any Gus
toms district where no shipping commits
sioner shall have been appointed Under sec
ton one OF this act, he may perform for him
self the duties of such commissioner, in like
manner as is provided by the DrovisO o.
section eight Of this act; provided further
that this section shall not apply to masters
OF vessels where the seamen are bv
custom or agreement entitled to participate
IN the profits or result of a cruise or voyage,
nor to masters of coastwise nor to masters
OF Iake-gelng vessels that touch at foreign
ports: but seamen may, by agreement,
serve on board such vessels definite time.
or on the return of any vessel to a port in
the United States may reship and sail in
the same vessel on another voyage without
the payment of additional fees to the ship
png-commissioner by either the seameu or
the master.
SEC IL. That the following rules shall be
observed with respect to agreements: First
every agreement Except in such cases of
| agreements as are hereinafter specially pro
ylded fOr) shall be signed by each seaman
| IN the presence of a shippin commissioner:
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-
| rlptloniand signatures of persons engaged
subsequently to the first departure Of the
SNIP, and shall be delivered to the master;
thirdly, every agreement entered into be-
tore shipping commissioner shall be ac-
kn0Wledged and certified under the hand
and Official seal OF such commissioner. and
shall be Endorsed on or annexed to such
agreement, and such certificate of acknowl-
edgement shall be in form and manner fol-
lowing, to wit:
Estate of --, county of ~-:
"On this - day of E. personally
appeared before me, shipping commits
sioner in and for the said county, A. B., C.
D. and b. F., severally known to me to be
the same persons who executed the fOrego-
ing instrument who each for himself ac
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. a. That, first, if any person shall be I
carried to sea as one of the crew on board of |
any ship making voyage as herenbefore |
specified without entering into an agree
ment with the master of said ship in the
torn 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 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 knowi.
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 a ship KNOWINGLY
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 i
4 penalty OF a sum not exceeding two hun
lred dollars; provided further, that in case
u desertlOD, or of casualty resulting in the
0ss OF one or more seamen the master NAV
hip number equal to the number Of !
whose services he has been deprived by de- {
ertlOn or casualty, and report the same to
he United States consul at the first port-at I
which he shall arrive, without mourning s
UGH penalty. Y
SEC. 10. That every master of a merchant
hip OF the United States who engages any
canaan at place out of the United States. t
4 which there IS consular officer or com
lercial agent, shall. before carving such S
canaan to sea, procure the sanction of such s
hlcer, and shall engage seamen before s
UGH officer; and the same rules as are L
erelnbet0re contained with respect to the a
aof seamen before a shipping q
in the United States shall t
pply to such engagements made before + L
Onsular officer or commercial agent and G
pom every such engagement the consular Il
hcer or commercial agent shall indorse 81
pom the agreement his sanction thereof h
nd an attestaton to the effect that the 81
tme has been signed in his presence, and e
5herwise made as hereby rcquired and IL
very master who engages any seaman in a
ny place IN which there is a consular Off p
T or commercial agent otherwise than as W
5relnbetOre required, shall incur a penalty 81
1t exceeding one hundred dollars, for n,
hlch penalty the ship shall ba held liable; OF
10 all such agreements so made shall be OF
nd, and the seamen so engaged shall be III
Titled to recover the highest rate of wages m
the port from which the seaman was 81
tipped. 81
SEC. IS. That all stipulations for the AL OF
tment of any part of the wages of a sea- st
an during his absence which are made at hi
e commencement of the voyage shall be hf
serted IN the agreement, and shall state III
e amounts and times of the payments to
made, and the persons to whom such fe
yments are to be made. m
SEC. II. That no advance of. wages shall ed
made or adyauce security given to any pc
rs0n but to the seaman himself or to his fiC
fe or mother and no advance of wages ST
all be made, or advance security given. or
less the agreement contains a stipulation Of
the same, and an aCcuraCe statement of re
3 amount thereof; and no advance wages to
advance security shall be given to any on
tnan except in the presence of the ship nj
lg commissioner.
SEC. Is, That if any advance in wages is eis
Tie or advance security given to any sea- co
IN in any such manner as to constitute a col
each of any of the above provisions the We
yes of such seaman shall be recoverable of
him as if no such advance had been made of
promised and in the case of apy adj tic
nee security so given no person shall be du
"a thereon unless he was party to such 90
ZACH. W
'Ec. 10. That whenever any advance Sc tel
lily Is discounted for any seaman. such cit
man shall sign or set his mark to a re- ma
pit -Indorsed on the security, stating the ella
actually paid or accounted for to him the
the person discOunting the same and if thf
seaman sails in the ship from the port of Tn
Darture mentioned in the security, and is ant
\ duly earning his wages, or is previously the
charged with the consent of the master in
not otherwise, the person discOuntinp the sta
urity may, ten days after the final depar- pos
6 OF the ship from the said port of DEPART dee
mentioned in the security, sue for aud tiol
over the amount promised by the Sc S
ity, with costs, either from the owner anC