New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-20
new ORLEANS REPUBLICAN, FRIDAY, SEPTEMBER 90 1872

| twelve OF this act Shall o0 Nioo So -
receive their wages IN tue pIeseneo ~ q
f dHIT authorized shipping commissioner I'M
5er tbis act, except III cases where some
oo1on Taa court otherwise directs; ana any
11asfer or owner of any such ship VINO as
nborgas anv. such seaman belonging thereto
o W evcent "a aforesaid, pays his wages
within the United States in any other man
ner, shall incur a penalty not eAceeolLS
fifty dollars. .,,o11 not loss
SEC. %. That every master shail, lloo q aes s
fhan forty eight hours before paying on OF
discbaroino 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 MS
wages. and all deductions to be made there-
from on any account whatsoever; and III
default shall for each ofense, incur pen
altv 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 in the account delivered !;
and the master shall, during the voyage,
enter the various matters IN respect 10
| 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 auth0rl-
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 certlhcate
Of discharge, Specifying the period of his
service and the time and place OF his DIS
charge, in the form hereto annexed marked
"E y and if any master fails to sign and
| give TO any such seaman such certificate and
| discharge, he shall, for each such Offense, in
cur a penalty not exceeding fifty dollars );
| provided, that the proviso annexed to sec
ton twelve, which applies to masters of
| vessels engaging seaman under that prOvlSO,
shall also apply to such masters OF vessels
| III the discharge of seamen.
SEC. %. That every shipping commits
| si0ner shall hear and decide any question
| whatsoever between a master, onnsignee,
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 faeie evidence
thereof.
Sec. &c. 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 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 OtheB documents in their respective
possession or power, relating to any mat
ter in question in such proceedings, and NAV
al hat ou1 CF ,oh
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
default, for each offense incur a penalty not
exceeding one hundred dollars, and, on
application being made by the shipping
commissioner, shall be further punished, in
the discretion of the court. as in other cases
of contempt of the process of tine court
Sec n. That the following rules shall be
observed with respect to the settlement of
wages, that is to say: First, upon the COM
plttion 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
shall also sign and attest it, and shah re-
tain it in book to be kept for that pur-
pose; provided, that both the master and
scamen assent to such settlement, or the |
settlement has been adjusted by. the |
shipping commissioner, secondly, such re-
lease so signed and attested shall operate
as a mutual discharge and settlement of all
Il dc Ie4,r
thereto, on account of wages, in respect of |
the past voyage or engagement; thirdly. |
copy 81 such release, certified under the |
hand and seal of such shipping commits |
sisneY 70 be true copy, SHALL be given by |
h1m TO any party thereto requiring the |
same, and such copy shall be receivable in |
evidence upon any future question touch |
in@ such claims as aforesaid, and shall have |
all the effect of the original of which it |
purports to be copy: fonrthly, in cases in |
which discharge and settlement before a |
shipping commissioner are hereby required, |
no payment, receipt settlement or discharge |
otherwise made, shall operate as evidence |
of the release OR satisfaction of any claim; |
filthy, upon payment being made BY a |
master before shipping commissioner, the |
shipping commissioner shall, if required, |
sign and give to such master q statement |
OF the whole amount so paid, and SUCH
statement shall, between the master and |
his employer, be received as evidence that
he has made the payments the rein men
toned.
SEC. %. That upon every discharge eff
tected before shipping commissioner the
master shall make and sign, in form mark
ed "E, in schedule thereto annexed, q re-
port OF the conduct, character and quail
tcatlcns OF the persons discharged, or may
state on said form that he declines to give
opinion upon such particulars, or upon any
OF them; and the commissioner shall keep q
register of the same, and shall, if desired so
to do by any seaman, give to him or indOrse
On his certificate OF discharge a copy of so
much OF such report as concerns him.
SEC. ~. That every seaman, being a for
eignGr, who declares his intention of be-
coming citizen of the United States in anv
competent court, and shall have served three
years on board OF merchant ship or ships
OF the United States subsequent to the date
OF such declan@tion, may, on his applica-
ten to any competent court, and the pro-
duction OF his certificate of discharge and
good conduct during that time, together
with the certificate of his declaration of in
tention to become a citizen, be admitted
citizen OF the United States; and every sea-
man, beng a foreigner, shall, after his de-
claTatIon OF intention to become q citizen of
the United States, and, shall have served
three years, be deemed citizen of the
United States for the purpose of manning
and serving on board any merchant ship in
the United States, anything to the contrary
IN any previous act OF Congress notwith-
but such seaman shall for all pur-
poses otprotection as an American citizen, be
deemed SUCH after the filing Of his declara-
tIoa OF intention to become such citizen.
SEC. 80. That a seaman's right to wages
and provisions shall be taken to commence
either at the time at which he commences
IL !