New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-25

amount of wages each seaman is to receive
sixthly, a scale of the provisions which are
to be furnished to each seaman; seventhly
any regulations as to conduct on board, anG
as to fines, short allowance of provisions
or other lawful punishment for misconduct
as may be sanctioned by Congress as reg
ulations proper to be adopted, and which
the parties agree to adopt; elghthly, any
stipulations IN reference to advance and
allotment of wages, or other matters not
contrary to law; provided, that whenever
the master of any vessel shall engage his
| 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 Tor him
self the duties of such commissioner, IN like
| manner as is provided by the prOYisO OF
| section eight of this act provided further,
that this section shall not apply to masters
| of vessels where the seamen are by
| custom or agreement entitled to participate
in the profits or result of cruise or voyage,
nor TO masters Of cOastwise nor to masters
of lake-going 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 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
ping commissioner by either the seamen or
the master.
SEC Is. That the following rules shall be
observed with respect to agreements: First,
| every agreement Except i'll such eases OF
agreements as are hereinafter specially pro-
vided fOr) shall be signed by each seaman
! in the presence Of d shipping commissioner;
secondly, when the crew is first engaged
the agreement shall be signed in duplicate,
and one part shall be retained by the ship
! ping-commissioner, and the other part shall
| 49,, Il y,Ia ~, 10
scriptionsand signatures of persons engaged
subsequently to the first departure of the
ship, and shall be delivered to the master;
| thirdly, every agreement entered into be-
fore a shipping commissioner shall be ac-
knOWlcdged and certified under the hand
and official seal of such commissioner, and
shall be indUrsed on or annexed to such
| agreement, and such certificate of acknOwl-
edgement shall be IN form and manner fol
lowing, 20 wits
estate of ---a-, county of e--:
e'On this -e-~-o day of -4-- personally
appeared before me- a shipping commits
sioner in and for the said county, A. B., G.
d. and L. F.o severally known to me to be
the same persons who executed the tOregO-
ing instrument, who each for himself &C
kn0wledged 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. II. That, first, if any person shall be
carried to sea as one of the crew on board of
any ship making a 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 knowl-
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
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 seamano be liable to and incur
a penalty of a 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 seameno the master may
ship a number equal to the number of
" lltSC SCI 4CCS tt LIDS cCtu NC Gu ny uG-
sertiOn or casualty and report the same to
the United States consul at tile first port at
which he shall arrive without mourning
such penalty
SEC. -. That every master of a merchant
ship of the United States who engages any
seaman at place "Ut Of the United States.
in which there is consular officer or come
mercial agent, shall. before carrying such
seaman to sea, procure the sanction of such
Of1cero and shall engage seamen before
such officers and the same rules as are
hereinbetore contained with respect TO the
engagement of sCamea before a shipping
commissioner in the United States shall
apply to such engagements made before
consular officer or commercial agents and
upon every such engagement the consular
offices or commercial agent shall ind0rse
upon the agreement his sanction thereof
and an attestatOn to the effect that the
same has been signed in his presence. and I
otherwise made as hereby required9 and !
every master who engages any seaman in !
any place in which there is a consular off.
Ger or commercial agent otherwise than as
hereinbefore required. shall incur penalty |
not exceeding one hundred dollars, for
which penalty the ship shall BE- held liable:
and all such agreements so made shall be |
void, and the seamen s0 engaged shall be
entitled to recover the highest rate Of wages |
of the port from which the seaman was
shipped.
sec. l6 That all stipu9ations for che a3o |
Yotment of any part Of the wages of a sea-
man during his absence which are made at
the commencement of the Soyage shall be !
inserted in the agreement, and shall state /!
the amounts and times of the payments to I
be made, and the persons to whom such |
payments are to be madeo
SEC. IL That no advance of wages shall |
BE made or advance security given to any
person but to the Seaman himself, or to his !
wife or motherS and no advance Of wages i!
shall be made or advance security given, !
unless the agreement contains a stipulation |
for the sameo and an accurace statement of |
the amount there0fS and no advance wages |
or advance security shall be given to any |
seaman except in the presence Of the ship |
ping commissioner |
Sec is. That if any advance in rages is |
made or advance securit! given to any seao
man in any such manner as to constitute a |
breach of any of the above provisions, the |
wages Of such seaman shall be recoverable |
by him as if no such advance had been made |
or promised and in the case. Of any adj |
vance security so given no person shall be |
sued thereon unless he was party to such !
breach.
SEC. I9e That whenever any advance Sc.
GuTity is discounted for any seaman such |
seaman shall sign or set his mark to a re-
eeipt Endorsed on the security, stating the
sum actually paid or accounted for to him |
by the person discOunting the same; and if |
the seaman sails IN the ship from the port eff |
departure mentioned in the security, and is |
then duly earning his wages, or is previously !
discharged with the consent of the MASTER
but not otherwise, the person discOunting the |
security mayo ten days after the final depar.
ture of the ship from the said port of depart
ure mentioned in the security sue for and