New Orleans Republican., 1872-10-05
belonging to the United States merchan
marina saruica
DISCIPLINE or sEAMEN.

. AAAhSA@AAS FASS'
j DISCIPLINE OF sEAMEN.
SEC. 81. That whenever any seaman VIII
has been lawfully engaged, or any apprer
tice to the sea srrvice, commits any of tb
following otfcnses, he shall be liable to b
punished as follows that is to say: first, TO
desertion, he shall be liable to Imprisonment
for any period not exceeding three monChs
and also to forfeit all or any part of tht
clothes or effects he leaves on board
and all or any part of the wages or emoL
uments which he has then earned; second
~. for neglecting. and refusing, withou
reasonable cause, to join his ship, or to pro
ceed to sea in his ship, or for absence with
out leave at any time within twentY-toul
hours of the ships sailing from any port
either at the commencement or during tht
progress of any voyage, or for absence a.
any time without leave, and without suth
cient reason, from his ship, or from his
duty, not amounting to desertion, or moi
treated as such by the master, he shall be
liable to imprisonment for any period not
exceeding one month, and also, at the dis
cretion of the court, to forfeit out of his
wages a sum not exceeding the amount OF
two days pay, and, in addition, for every
twentyfour hours of absence, either sum
not exceeding six days pay, or any eX-
penses which have been properly incurred
in hiring substitute; thirdly, for quitting
the ship without leave after her arrival at
her port of delivery, and before she is
placed in security, he shall be liable to for
felt out of his wages sum not exceeding
one months pay; fourthly, for willful
disobedience TO any lawful command, he
| shall be liable to imprisonment for any pc
riod not exceeding two months, and also,
at the discretion of the court to forfeit ont
! of his wages a sum not exceeding four days
pay; filthy, for continued willful disobe-
| dience to lawful commands, or continued
Willful neglect of duty, he shall be liable
| to imprisonment for any period not exceed
| ing six months, and also, at the discretion
| OF the court, to forfeit, for every twenty
four hours continuance of such disobedi
ence or neglect, either sum not exceeding
| twelve days pay, or any expenses which
have been properly incurred in hiring
substitute; sixthly, for assaulting any
| master or mate, he shall be liable to impris-
oDment for any period not exceeding two
years; seventhly. for combining with any
other or others OF the crew to disobey lawful
| commands or to neglect duty, or to impede
navigation of the ship, or the progress of
the voyage he shall be liable to imprison-
ment for any period not exceeding twelve
months; eighthly, for Willfully damaging the
ship or embezzling or willfully damaging
any OF the stores or cargo, he shall be liable
to forfeit out of his wages sum equal in
amount to the loss thereby sustained, and
also, at the discretion of the court, to i'm
prisonment for any period not exceeding
twelve months; ninthly, for any act of
smuggling of which he is convicted and
whereby loss or damage is occasioned
to the master or owner, he shall be
liable to pay such master or owner such
"a sum as is sufficient to reimburse the
master or owner for such loss or dam
age, and the whole or any part of
his wages may be retained in satisfaction
or ON account of such liability, and shall
also be liable to imprisonment for period
not exceeding twelve months.
SEC. 81. That upon the commission of any
of the otfehses enumerated in the last pre-
ceding section an entry thereof shall be
made IN the official log book, and shall be
signed by the master and also by the mate
or one of the crew; and the offender, if still
in the ship, shall, before the next subse-
quent arrival of the ship at any port, or if
she is at the time IN port. before her de-
parture therefrom, either be furnished with
a copy OF such entry, or have the same
read over distinctly and audibly to him,
and may thereupon make such reply thereto
as he thinks tit; and a statement that a
copy OF the said entry has been so fur
nished or that the same has been so read |
over as aforesaid, and the reply (if ANY,
made by the offender, shall likewise be |
entered and signed in manner aforesaid;
and in any subsequent legal proceedings
the entries hereinbefore required shall, if |
practicable, be produced or proved sand in |
default of such production or proof, the |
court hearing the case may, at its discre-
ton, refuse to receive evidence Of the Of |
fense.
SEC. 50. That whenever, either at theconI- !
mencement or during the progress of any |
voyage, any seaman or apprentice neglects |
or refuses to join, or deserts from or refuses |
to proceed to sea, in any ship in which he is
duly engaged to serve, or is found other |
wise absenring hiIns elf therefrom without |
leave, the master, or any mate, or the !
owner, or consignee, or shipping commits
sioner, may, in any place in the United |
States, with or without the assistance of the
local public officers or constables, who are
hereby directed to give their assistance if
required, and. also at any out of the United
States, II and so far as the avs in force at
such place will permit, apprehend him
without first procuring a warrant, and may
thereupon, in any case, and shall in case he
so requires, and it is practicable. convey
h!m before any court OF justice or justices
OF any State, city, town, or county, within
the United States capable of taking cog
nizance of OtfenSes of like degree and kind
OF the matter, to be dealt with according to
the provisions hereinbefore contained in
reference to such cases; and may, for the
purpose of conveying him before such court
OF justice, detain him in custody for a De-
shorter time, as may be necessary, or may, |
It he does not so require, or if there is no
such court at or near the place. at
once convey him on board and if such
apprehension appears to the court of
Justice before which the case is brought to
nave been made on improper or on INSULT
5lent grounds, the master, mate, consignee
or shipping commissioner who makes the
same, or causes the same to be made, shall
ncur q penalty not exceeding one hundred
iollars; but such penalty, if inflicted. shall
De bar to any action for false imprison-
nent.
SEC. 81. That any master of, or any sea
nan or apprentice belonging to, any mer-
;hant ship who, by willful breach of dutv.or
Who, by reason OF drunkenness, does any act
ending to the immediate loss, destruction
II serious damage to such ship, or tending
to endanger the life or limb of
ny person belonging to or on board of such
hip, or who, by WillfuI breach Of duty. or
y neglect OF duty or by reason of drunk
mess, refuses or omits to do anv lawful
ct proper and requisite to be done by him
or preserving such ship from immediate :
oss, destruction or serious damage or for +
reserving any person belonging to or on z
oard of such ship from immediate danger ;
0 life or limb, shall, for every such offense. =
G deemed guilty of misdemeanor and
hall be liable to imprisonment for period +
OF exceeding twelve months. /
SEC. 3D. That all clothes, effects and wages a
-hich. under the provisions of this act, t
re forfeited for desertion, shall be applied, I.i
the trst instance, in payment of the ex- s
enses Occasioned by such desertion to the h
aster or owner of the ship from which the d
esertlon has taken place, and the balance +
y1y-1 hnlE In l. IL