New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-08

to deceased as wages, and the total amour
/ of deductions, if any, to be made therefron
: and shall cause such entry to be attested b
the mate and one of the crew.
! SEC. A. That in cases provided for b
, the last preceding section the followin
rules shall be observed; First if the shi
proceeds at once to any port in the Unite
States, the master shall, within tort7
eight hours after his arrival, delve
any such effects as aforesaid remainin
unsoId, and pay any money which he ha
taken charge of, orTeceived from such sal
as aforesaid, and also the balance of wage
due to the deceased to the shipping CON
missioner at the port of destination in tn
United States; secondly, if the ship touche
and remains at some foreign port befor
coming to any port in the United States
the master shall report the case to tn
United States consular officer there, ant
shall give to such officer any information
he requires as to the destination of the shil
and probable length Of the voyage; AMI
such officer may, if he considers it expe
dent so to do, require the said effects
money and wages to be delivered and paiC
to him, and shall, upon such delivery anC
payment, give to the master receipt anC
the master shall within forty-eight hours
after his arrival at his port Of destination
IN the United States produce the same to
| the shipping commissioner there; and such
| COHouidE OIICCI Shall III SuCu case 1nuOFSe
! and certify upon the agreement with the
crew, the particulars with respect to
such delivery and payment; thirdly, if
| such officer as aforesaid does not re,
| quire such payment and delivery to be
made to him, the master shall take charge
OF the said effects, money and wages, and
shall, within forty eight hours after his arri-
| val at his port of destination in the United
States, deliver and pay the same to the
SbInninU commissioners tbarns = J,a
master shall IN all cases in which any sea-
man or apprentice dies during the progress
OF the voyage or engagement, TO give to
such officer or shipping commissioner as
aforesaid an account in such form as thew
may respectively require, of the effects
money and wages SO to be delivered and
paid, and no deductions claimed in such ac-
count shall be allowed unless verified, if
there is any official lOg-book, by such entry
therein as hereinbefore required; and also
by such other vouchers (if any, as may be
reasonably required by the officer or ship
ping commissioner to whom the account is
rendered filthy, upon due compliance
with such OF the provisions Of this section as
relates to acts to be done at the port of des-
tination in the United States, the shipping
commissioner shall grant to the master a
certificate to that effect, and no officer of
customs shall clear inward any foreign 60
ing ship without the production of such GER
tifcate.
. SEC. 40. That if any master fails to take
such charge Of the money or other effects of
seaman or apprentice during a voyage. or
to make such entries in respect thereof
or to procure such attestation to such
entries, or to make such payment or de-
livery OF. any money, wages, or effects of
any seaman or apprentice dying during a
voyage, or to give such account in respect
thereof as hereinbefore respectfully direct
ed, he shall be accountable for the money
wages and effects OF the seaman or appren-
tice to the judicial circuit court in whose
jurisdiction such port of destination is sit
uate, and shall pay and deliver the same
accordingly; and such master shall, in addi-
ton for every such Cffense, incur a penalty
not exceeding treble the value of the money
or effects, or, If such value is not ascer-
tanned, not exceeding two hundred dollars:
and II any such money, wages, or effects !
are not duly paid, delivered, and accounted
tor by the master, the owner of the ship |
shall pay, deliver and account for the same. |
and such money and wages and the value
OF such effects shall be recoverable from !
llm accordingly; and if he fails to account |
tor and pay the same, he SHALL in addition /
to his liability for the said money and |
Vaide, incur the same penalty which is |
lerelnbetOre mentioned as incurred by the |
master for like otfense; and all money. !
wages, and effects Of any seaman or appren- |
ice dying during a voyage shall be recov-
cradle IN the same courts and by the
same modes OF proceeding by which sea-
hem.
SEC. 46. That if any such seaman or an
prentice ae last aforesaid dies at any place
'ut OF the United States leaving any money
n effects not on board of his ship, the United
states consul or commercial agent at or
nearest the place shall claim and take
,harge OF such money and effects: and such
'ticer shall, if he. thinks fit, sell all or any
" such effects, or any effects of any de-
eeased seaman or apprentice delivered to
I'm under the provisions of this act. and
hall quarterly remit to the Judge of the
district court OF the port from which such
hip sailed, or the port where the voyage
eliminates, all moneys belonging to or
rising from the sale of the effects or paid
S the wages of any deceased seamen or
pprentlces which have come to his hands
nder the provisions hereinbefore con
aimed, and shall render such accounts
hereof as the district Judge requires.
SEC. ~. That whenever any seaman or
pprentlce dies in the United States, and is
t the time OF his death entitled to claim |
rom the master or owner of any ship in which |
e mas served any unpaid wages or effects,
UGH master or owner shall pay and deliver,
account Tor the same, to the shipping
Commissioner at the port where the seaman
apprentice was discharged, or was to ;
ave been discharged !
SEC. As. That every shipping commissioner
the United States shall, within one week
ON the date OF receiving any such money.
ages or effects OF any deceased seaman or :
Dpfentlce, pay, remit or deliver to the cir !
lit court OF the circuit in which he resides.
le Sa5o money, wages or effects, subject to
lch deductions as may be allowed by the ,
fcult court tor expenses incurred in re-
,eet to said money and effects; and should I
~ commissioner fail to pay, remit and de. =
YER to the circuit court within the time :
7relnpetore mentioned, he shall incur +
enalty not exceeding treble the amount of =
e value OF such money and effects. !
SEC ~ mat It the money and effects of .
y seaman or apprentice paid, RENTED or g
,IlFered to the circuit court, including the h
oneys received for any part of said effects e
INCH have been sold, either before de- a
'ery 10 the circuit court, or by its direc- f
ms, do not exceed in value the sum of !,
rec hundred dollars, then, subject to y
e provisions hereinafter contained, and +
all such deductions for expenses in +,
rred in respect to the seaman or appreu- h
e, or of his said money and effects, as the ! Il
l court thinks fit to allow, the said courts n
ay, if it thinks fit so to do, pay and de-
-er the said money and effects either to "
y claimants who can prove themselves to q,
e satisfaction of the court either to be his n
dow or children, or to be entitled to the n
ects of the deceased under his will fif | n
", or under the statute for the distribu- 4
N of the effects of intestates, or under II
J OLnef STATUTE or at common law, or to | n,
entitled to procure probate, or take out d
tiers OF administration or confirmation. q
hough no probate or letters of admins "a
.tion or confirmation have been taken 81