New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-26


g competent court otherwise directs; and any
e master or owner of any such ship who dis.
T charges any such seaman belonging thereto.
t Or. except as aforesaid, pays his wages
!, within the United States in any other man.
ner, shall incur penalty not exceeding
Sc. %, That every master shall, not less
: than forty eight hours before paying off or
diseharging any seaman, deliver to him, or
if he is to be discharged before a 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, for each otfense, incur 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 OF the respective deductions as
they occur, in book to be kept for that
purpose, to be called the 6 Official Log
book" as hereinafter provided, and shall,
if required, produce such book at the tima
of the PAYMENT of wages and, also. upon
the hearing, before any competent authOr
| ty, of any complaint or question relating to
such payment.
Sec ii. That upon the discharge of anv
seaman or upon payment OF his wages, the
| master shall sign and give h1m 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
"E y and if any master fails to sign and
| give to any such seaman such certificate and
discharge, he shall, for each such ottense, IN
| 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 proviso,
! shall also apply to such masters of vessels
| in the discharge of seamen.
| SEC. 25 That every shipping commits
| sioner 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 8
him; and every award so made by him
shall be binding on both parties, and shall 4
in any legal proceedings which may be
taken in 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 4
seal OF a commissioner, such submission
or award shall be prima facie evidence e
thereof.
SEC. 26 That in any proceedings relating e
to the wages, claims, or discharge of any
seaman, carried Oh before any shipping
commissioner, under the provisions OF this
act, such shipping commissioner may call Il
upon the owner, or his agent, or upon the Il
master, or any mate, or any other member
Of the crew, to produce any log books pa. i
pers, or other documents iR 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 n
persons being then at or near the place, on
any such matter; and every owner agent
master mate,e or other member Of the
crew who, when called upon by the ship
ping commissioner does not produce any
ar oaJ1+S Of
said, if in his possession or power, or does
not appear and give evidence, shall, unless
he shows some reasonable cause for such o
default for each otfense 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 the court
SEC. y. That the following rules shall 6e
observed with respect to the settlement Of
wages, that is to say: First, upon the com
ptetion, before shipping commissioner, of
any discharge and settlement, The masteg
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 shall yp-
tain it in q book to be kept for that pier-
pose; provided, that both the master a9d
seainen 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
demands for wages between the parties
thefeto on account of wages, in respect of
the past voyage or engagement; thirdly q
copy OF such release, certified under the
hand and seal OF such shipping commits
sloner to be true copy, shall be given by
Nun TO any party thereto requiring the
u Tln M al, L. III
evidence upon any future question touch.
ln9 such claims as aforesaid and shall have
all the effect of the original of which it
purp0rts to be a copy; foprthly, in cases in F.
" hlch discharge and settlement before
shipping commissioner are hereby required,
no pay ment, receipt, settlement or discharge
o. otherwise made, shall operate as evidence
Of the release or satisfaction of any claim
Iithly, upon payment being made by o
u MASTER before shipping commissioner the
'hlpplng. commissioner shall if REQUIRED
'l9n ana give to such master a statement
u tue whole amount so paid, and such
statement shall, between the mastar and
lis employer, be received as evidence that
le mas made the payments the rein men
Toned
SEC. IS That upon every discharge eff
ected before a shipping commissioner fb4
haster shall make and sign, in q form mark, e
~ ~, IN schedule thereto annexed. re.
~ VI INC GouuucG, character and quail
lcatlons OF the persons DISCHARGED. or NAV
tate on said form that he declines 10 give t
'Plldon upon such particulars, or upon aav
i them; and the commissioner shall keen {
eglster OF the same, and shall. if desired so /
Q 40 by any seaman, give to him or indorse c
n MS certificate OF discharge copy of so J.
nuch OF such report as concerns him. '
DEC ~ That every seaman, being for. z
l9hef, who declares his intention of be. e
omng citizen Of the United States in anv 4
ompetent court, and shall have served three 3
ears on board of merchant shin or sbios 8
! tAe United States subsequent to the date d
+ such declaration, may, on Lis applica. e.
Ion to any competent court, and the pro, W
uctlon OF his certificate of discharge and a
oGa conduct during that time, together 4
yitn the certificate Of his declaration of in /
sntou 10 become a citizen be admitted q -,
ilze4 or the United States; and every sea. "
idh' oelng foreigner, shall, after his de- =,
laralgh OF intention to become a citizen of 4 ~,
ne United States, and. shall have served -
Ifte years, be deemed a citizen of the 49,
:, n I states for the purpose of manning =,
uu serving ON board any merchant ship in !,
10 united States, anything to the CONTRARY 81 ~
any previous act OF Congress notwjth. -,
LANDING; but such seaman shall for ali mr.. az
oSes OF protection as an American citizen lie "
eelneo such, after the fling of his derIara. ~
~ ~ ot intention to become such citizen ~
Gee ~: mat seamans right to WAGES q
ad provisions shall be taken f. commence =
tneF at the time at which he commences - -
~ Cr al the time specified in the agree. +,
HTs4Fr