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


cononetent court otherwise directs; and any
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 q penalty not exceeding
fifty dollars. Ill .,
than forty eight hours before paying Oft or
discharqing any seaman, deliver to him, or
if he ia TO be discharged before shipping
commissioner, to such shipping com
missioner, full and true account OF his
wages, and all deductions to be made there
from on any account whatsoever; and IN
default shall, tor each ottense, incur a pen
aIty 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, IN
less it is included i'll 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 OF the respective deductions as
they occur, in book to be kept for that
purpose, to be called the Official 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 certificate
OF discharge, specifying the period of his
service and the time and place of his dis
charge, in the form hereto annexed, marked
" L - and if any master fails to sign and
give to any such seaman such certificate and
discharge, he shall, for each such otfense, IL
cur penalty not exceeding fifty dollars
provided, that the proviso annexed to sec
ton twelve, which applies to masters of
vessels engaging seaman under that proyiso,
shall also apply to such masters of vessels
in the discharge of seamen.
SEC. %. That every shipping commits
sioner shall hear and decide any question
whatsoever between a 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 i'll the matter, before any court of
Justice, be deemed to be conclusive as to the
rights of parties, and any document pur-
porting to be under the hand and official
seal of a commissioner such submission
or award shall be prima facie evidence
thereof.
SEC. 26 That in any proceedings relating
to the wages, claims, or discharge of any
seaman, carried on before any shipping
commissioner, under the provisions OF this
act. such shipping commissioner may cali
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 in 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,
master, 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
he shows some reasonable cause for such a
default, for each otfense incur penalty not
exceeding one hundred dollars, and, OH
application being made by the shipping
shall be further punished in
the discretion of the court as in other cases
OF contempt of the process of the court,
SEC. 27. That the following rules shall be
observed with respect to the settlement of
wages, that is to say: First, upon the COM
pl elton, before shipping commissioner, of
any discharge and settlement, the master
or owner and each seaman respectively, in
the presence of the shipping commissioner,
shall sign mutual release Of all claims for
wages in respect of the past voyage or en-
gagement, and the shipping commissioner
tain it in a book to be kept for that pur-
pose; provided, that both the master and
seamen assent to such settlement, or the
settlement has been adjusted by the
commissioner; secondly, such re-
lease SO signed and attested shall operate
as mutual discharge and settlement of all
for wages between the parties
thereto, on account of wages, in respect Of
the past voyage or engagement; thirdly, a
copy Of such release, certified under the
hand and seal OF such shipping commits
sloner to be a true copy, shall be given by
him to any party thereto requiring the
same, and such copy shall be receivable in
evidence upon any future question touch
ng such claims as aforesaid, and shall have
all the effect of the original of which it
Durports to be copy; fourthly, in cases in
which discharge and settlement before a
shipping commissioner are hereby required,
40 payment, receipt, settlement or discharge
otherwise made, shall operate as evidence
IF the release or satisfaction of any claim;
ltthly, upon payment being made by a
master before shipping commissioner, the
shipping commissioner shall, if required
ign and give to such master a statement
II the whole amount so paid. and such
statement shall, between the master and
lis employer, be received as evidence that
10 has made the payments the rein men
Toned.
SEC. %. That upon every discharge eff
ected before shipping commissioner the
master shall make and sign in a form mark
I'd 'E, in schedule thereto annexed, a re-
port of the conduct, character and uuali-
ications OF the persons discharged, or may
state on said form 6Rat he declines to give
opinion upon such particulars, or upon any
II them; and the commissioner shall keen q
eglster OF the same, and shall, if desired so
% Go by any seaman, give to him or indOrse
N his certificate OF discharge copy of so
much of such report as concerns him,
SEC. ". That every seaman. being a for
igner, who declares his intention of be
coming citizen of the United States in anv
Competent court, and shall have served three
ears on board Of merchant shin or ships
Il the United States subsequent to the date
y such declaration, may. on his appIica-
ION to any competent court, and the pro
tuctIon OF his certificate of Discharge and
good conduct during that tinae, together
With the certificate of his declaration of in
entlon to become citizen. be admitted
ltlze4 OF the United States; and every sea
nan, being foreigner, shall, after his de-
,laratlon of intention to become a citizen Of
ne United States, and shall have served
hfee years, be deemed citizen of the
-hiteQ States for the purpose Of manning
md serving on board any merchant ship in
he United States, anything to the contrary
II any previous act OF Congress uotwith-
put such seaman shall for all pUr-
,oses OF protection as an American citizen. be
teemed such, after the filing of his declara-
l0n OF intention to become such citizen
SEC, 3d. That seaman's right to wagps
md provisions shall be taken to commence
itheF at the time at which he commences
yoIk, or at the time specified in the auree
leht 1OF his commencement of yraIl, or