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


duly authorized shipping commissioner I'M
der this act, except in cases where soma
competent court otherwise directs; and anv
master or owner of any such ship who dis.
charges any such seaman belonging thereto
or, except as aforesaid, pays his wages
within the United States in any other man
ner, shall incur penalty not exceeding
fifty dollars.
SEC. %. That every master shall not less
than forty eight hours before paying off or
dlscharging any seaman, deliver to him. or
if he is to be discharged before a shipping
commissioner, to such shipping com
missioner, a full and true account of his
wages, and all deductions to be made there
from ON any account whatsoever and in
default shall, for each offense, incur a pen
atty not exceeding fifty dollars and no
| deduction from the wages of any seaman
| Except in respect of any matter happening
after such delivery shall be allowed, I'M.
| less it is included in the account delivered
| and the master shall, during the voyage.
enter the various matters in respect to
| which such deductions are made, with the
| amounts or the respective deductions as
they occur, in a book to be kept for that
| purpose, to be called the "Otficial Log
| book" as hereinafter provided and shall,
if required, produce such book at the time
| of the payment of wages, and also, upon
the hearing, before any competent authori-
ty, of any complaint or question relating to
such payment.
SEC, "a. That upon the discharge of any
seaman, or upon payment OF his wages, the
master shall sign and give HIM a certificate
OF discharge. specifying the period of his
service and the time and place of his dis
charge, in the form hereto annexed, marked
" h j. and II any master fails to sign and
give to any such seaman such certificate and
discharge, She shall for each such offense, in
cur penalty not exceeding fifty dollars;
provided, that the proyiso annexed to sec
t1on twelve, which applies to masters of
vessels engaging seaman underthat proviso,
shall also apply to such masters Of vessels
in the discharge of seamen.
SEC. %. That every shipping commits
sloner shall hear and decide any question
whatsoever between master, consignee
agent, or owner and any of his crew, which
both parties agree in writing to submit to
him; and every award so made by him
shall be binding on both parties, and shall,
IN any legal proceedings which may be
taken in the matter, before any court of
Justice, be deemed tosbe conclusive as to the
rights of parties and any document pur-
porting to be under the hand and official
seal OF commissioner, such submission
or award shall be prima facie evidence
thereof.
SEC 20. That in any proceedings relating
to the wages, claims, or discharge of any
seaman, carried on before any shipping
commissioners, under the provisions of this
act, such shipping commissioner may call
upon the owner, or his agent or upon the
master, or any mate, or any other member
OF the crew. to produce any log books, pa
pers, or other documents in their respective
possession or power, relating to any mat
ter question In such proceedings and may
call before him and examine any of such
persons, being then at or near the place, on
any such matter; and every owner, agent,
mate, or other member of the
crew who, when called upon by the ship
ping commissioner, does not produce any
such books, papers, or documents as afOre-
said, If IN his possession or power, or does
not appear and give evidence, shall, unless
ne SHOWS some reasonable cause for such q
default, for each 0tfense incur a penalty not
one hundred dollars, and on
application being made by the shipping
commissioner shall be further punished, in
5he discretion of the court, as in other cases
u contempt of the process of the court
SEC. II. That the following rules shall be
observed with respect to the settlement of
wages, that IS to say: First, upon the COM
lletlon, before shipping commissioners of
my discharge and settlement, the master
n owner and each seaman respectively. in
he presence OF the shipping commissioner,
hall sign a mutual release of all claims for
wages in respect of the past voyage or en-
sagement, and the shipping commissioner
hall also sign and attest it, and shall re-
ain it in a book to be kept for that pur-
'ose; provided, that both the master and
eamen assent to such settlement or the
ettlement has been adjusted by the
shipping commissioner; secondly, such re-
ease so signed and attested shall operate
IS mutual discharge and settlement of all
demands for wages between the parties
hereto, ON account of wages, in respect of
he past voyage or engagement; thirdly, O
opy, OF such release, certified under the
ana and seal OF such shipping commits
ioner TO be a true copy, shall be given by
I'M to any party thereto requiring the
anne, and such copy shall be receivable in
whence upon any future question touch
lg such claims as aforesaid, and shall have
II the effect OF the original of which it
qrports to be a copy; fourth1y, in cases in
hlch discharge and settlement before a
lIpping commissioner are hereby required.
0 payment, receipt, settlement or discharge
.hefWlse made, shall operate as evidence
. G9e release or satisfaction of any claim;
Ithly' upon payment being made by
astef before shipping commissioner, the
tipping commissioner shall, il required.
gn and give to such master @ statement j.
the whole amount so paid, and such
atement shall, between the master and
S employer, be received as evidence that
mas made the payments the rein men
)ned.
Sec %. That upon every discharge eff
cted before shipping commissioner the
aster shall make and sign, in a form mark
'E," In schedule thereto annexed, re-
'rt OF the conduct, character and quail
'auons OF the persons discharged, or NAV
ate on said form that he declines to give,
lnlon upon such particulars, or upon anv
them; and the commissioner shall keep a
CUSTER of the same, and shall if desired 40
40 by any seaman, give to him or indorse
ms certificate OF discharge copy of SO
dcn OF such report as concerns him
SEC. 70. That every seaman. beiDg a for
5ner, who declares his intention of he
ming citizen of the United States in any
mpetent court, and shall have served three
airs on board of merchant shin or shios
the United States subsequent to the date
such declaration, may, on his applica-
II to any competent court and the pro-
ction OF mis- certificate of discharge and
cd conduct during that time, together
tn the certificate of his declaration Of in
ltlon to become a citizen, be admitted a
Izen OF the.United States; and every sea-
IN, beng foreigner shall, after his de-
ration OF intention to become a citizen of
United States, andj shall have served
ee years, be deemed citizen of the
lted States for the purpose of manning
serving on board any merchant shin iE WE
United States, anything to the contrary
any previous act OF Congress notwitf- ~
hdng; Dut such seaman shall for all mr.
es OF protection as an American citizen he
'med such, after the filing of his declaFa-
! Oh intention to become such citizen.
hC. ~: mat seaman's right to wares
provisions shall be taken to commence
lef aG Jhe Tune at which he commences
.ki VI aG the time specified in the agrae