New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-10
belonging to the United States merchant
DISCIPLINE OF sEA1rES.

+, | DISCIPLINE OF SEAMEN.
SEC. 81. That whenever any seaman whe
has been lawfully engaged, or any appren
tice to the sea srryice, commits any OF the
following otfenses, he shall be liable to be
punished as follows, that is to say: first, fol
desertion, he shall be liable to Imprisonment
for any period not exceeding three months,
and also to forfeit all or any part OF the
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, without
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-tour
hours of the ships sailing from any port,
| either at the commencement or during the
progress of any voyage, or tor absence at
| ANYTIME without leave, and without sutt1-
Gent reason, from his ship, or from his
duty, not amounting to desert10n, or not
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, tor every
tWenty-t0ur 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 willtul
| disobedieuce' to any lawful command, he
shall be liable to imprisonment for any pc
Rod not exceeding two months, and also,
at the discretion OF the court, to forfeit out
! of his wages q 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
a substitute; sixthly, for assaulting any
master or mate, he shall be liable to imprls-
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 embezEling or willfuty damaging
| any of the stores or cargo, he shall be liable
| to forfeit out of his wages a 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
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 50. That upon the commission of any
of the ottnses enumerated in the last pre-
ceding section an entry thereof shall be
made in the official log book, and shall DE
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 III 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 fit; and statement that
copy OF the said entry has been so fur
nisled 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 hereirbefore required shall. If
practicable, be produced or proved, and in
default of such production or proof, the
court hearing the case may, at its discre-
ton, refuse to receive evidence of the of
Tense.
SEC. 50. That whenever, either at the com
mencement or during the progress of any
voyage, any seaman or apprentice negIacts
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 absenting himself tberefrom without
leave. the master, or any mate, or the
owner, or consignee, or shipping commits
sioner, may, IL 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, if and so far as the avs in force at
such place will permit, apprehend him |
without first procuring warrant, and NAV
theTeupon, in any case, and shall in case he |
50 requires, and it is practicable, convey
him before any court of justice or justices |
OF any State: city, town, or county, within |
the United States capable of taking cog |
Hizance 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 I
of Justice, detain him in custody for a ma
Rod not exceeding twenty-four hours, or
shorter time, as may be necessary, or NAV,
if he does not so require, or if there ia 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
have been made on improper or on INSULT
clent grounds, the master, mate, conscience
or shipping commissioner who makes the
same, or causes the same to he made. shall
incur penalty not exceeding one hundred
dollars; out such penalty, it inflicted. shall
be bar to any action for false imprigon-
ment.
SEC. 81. That any master Of. or anv gAa-
man or apprentice belonging to. anF mar
chant ship who, by Willful breach of duty. or
who, by reason OF drunkenness, does any act
tending to the immediate loss, DIES truction
or serious damage to such ship, or tending
to endanger the life or limb of
any person belonging to or on board of such
ship, or who, By villful breach of duty, or
by neglect OF duty, or by reason of drunk
enness, refuses or omits to do any lawful
act proper and requisite to be done by him
for preserving such ship from immediate
loss, destruction or serious damage Or for
preserving any person belonging to or on
board OF such ship from immediate danger
to life or limb, shall, for every such offense.
be deemed guilty of misdemeanor, and
shall be liable to imprisonment for period
not exceeding twelve months
SEC. %, That all clothes, effects and wages
which, under the provisions of this act.
are forfeited for desertion, shall be applied.
n the first instance, in payment of the ex-
Denses occasioned by such desertion TO the
master or owner Of the ship from which tbe
iesertion has taken place, and the balance
II any, shall be paid by the master or