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

or other lawful punishment for uiscOnduc
as may be sanctioned by Congress as req
nlations proper to be adopted, and whiei
the parties agree to adoDt: einhthIv. an,
stipulations in reference to advance AM
allotment Of wages, or other matters no
contrary to law; provided, that wheneve
the master of any vessel shall engage hi
crew, or any part OF the same, in any Gus
toms district where no shipping commits
siOner shall have been appointed under sec.
ton one Of this act, he may perform for him
self the duties of such commissioner, in like
manner as is provided by the proviso o
section eight of this act; provided further
that this section shall not apply to masters
| of vessels where the seamen are by
custom or agreement entitled to participate
| in the profits or result Of cruise or VOYAGE
| nor to masters of cOastwise nor to masters
! of lake-gOing vessels that touch at foreign
| ports; but seamen may, by agreement,
| serve on board such vessels definite time,
! or on the return of any vessel to port in
the United States may reship and sail in
| the same vessel on another voyage without
the payment of additional fees to the ship
| ping-commissioner by either the seamen or
! the master.
Sec. ID. That the following rules shall be
| observed with respect to agreements: First,
every agreement Except in such cases of
agreements as are hereinafter specially pro-
vided for shall be signed by each seaman
in the presence of a shipping commissioner;
secondly, when the crew is first engaged
the agreement shall be signed in duplicate
and one part shall be retained by the ship.
commissioner, and the other part shall
contain special place or form for the de-
scrlptionEand signatures of persons engaged
subsequently to the first departure of the
ship, and shall. be delivered to the master;
thirdly every agreement entered into be-
fore shipping commissioner shall be &C
knOwiedged and certified under the hand
and official seal of such commissioner, and
shall be Endorsed on or annexed to such
agreement, and such certificate of acknowl-
edgement shall be in form and manner fol-
lowing, to wit:
estate of --, county Of ~--:
"On this --- day Of -- personally
appeared before me, shipping commits
sioner in and for the said county, A. B., C.
D. and E. F., severally known to me to be
the same persons who executed the fOregO-
ing instrument, who each for himself &C
knOwledged TO me that he had read or had
heard read the same; that he was by me
made acquainted with the conditions
thereof, and understood the same and that
while sober, and not in state of intOxica-
ton, he signed it freely and voluntarily, for
the uses and purposes therein mentioned"
SEC. IA. That, first, if any person shall be
carried to sea as one of the crew on board of
any ship making voyage as hereinbefOre
specified without entering into an agree
ment with the master of said ship in the
form and manner and at the place and times
hereby i'll such cases required the ship shall
be held liable and for each such otfense
shall incur a penalty not exceeding two
hundred dollars; provided always, that the !
ship shall not be held liable for any person
carried to sea who shall have secretly |
slowed away himself without the knOwI- |
edge OF captain, mate, or Of any of the Off |
GERS of the ship, or who shall have falsely |
persOnated himself to the captain, mate, or |
officers of the ship. for the purpose of being |
carried to sea; secondly. if any master, |
mate, or other officer of ship knowingly |
or accepts to be entered on board of
any merchant ship, any seaman who has
been engaged or supplied contrary to the
provisions of this act, the ship on board of |
which such seaman shall be found shall, for
every such seaman, be liable to and incur
a penalty OF sum not exceeding two hun.
dred dollars; provided further, that in case
Of desertlon, or OF casualty resulting in the
loss OF one OF more seamen, the master may
ship number equal to the number of
whose services he has been deprived by de.
sertion or casualty, and report the same TO
he United States consul at the first port at
which he shall arrive without mourning
such penalty.
AJE-Ls AJo 1 IlGl ~ G. BudSlGF or q merchant |
ship OF the United States who engages any
seaman at a place out of che United States,
n which there is q consular officer or com.
nereial agent. shall, before carrying such
eaman to sea, procure the sanction of such
't1iceT, and shall engage seamen before
UGH officer: and the same rules as are
lerelnbefore contained with respect to the
s0E seamen before shipping
Commissioner in the United States shall
nnlY fO aJlrf I1aIo, Sof !
CONSULAR officer or commercial agent: and !
pon every such engagement the consular
thCeE or COnmerCial agent shall indOrse
pom the agreement his sanction thereof
nd an attestat.On to the effect that the
ame has been signed in bis presence, and |
therwise made as hereby required; and
very master who engages any seaman in
ny place in which there is consular otfio
er or commercial agent otherwise than as
ereinbefOre required, shall incur a penalty
OF exceeding one hundred dollars. for |
Thlch penalty the ship shall be held liable:
nj all such agreements so made shall be
old, and the seamen Sc engaged shall be
ntItled to recover the highest rate of wages
the port from which the seaman was
hipped
SEC. Is. That all stipufaGions for Che a..
'tment Of any part Of the wages of a sea- I
ian during his absence which are made at |
ne commencement of the voyage shall be /
lserted in the agreement. and shall state
lie amounts and times of the payments to
made, and the persons to whom such {
ayments are to be made. |
SEC. II. That no advance Of wages shall
g made or advance security given to anv i
arson but to the seaman himself or to his +
tie or mother; and no advance Of wages '
lall be made, or advance security given, a
Mess the agreement contains a stipulation c
T the same, and an acCurace statement of t
lie amount thereof; and no advance wages S
advance security shall be given to any C
aman except in the presence OF the ship S
ng commissioner. a
SEC. IS. That if any advance in WAGES is /
AIDE or advance security given to any sea L
an in any such manner as to constitute 2
each of any of the above provisions. the t
ages of such seaman shall be recoverable
: nm as II no such advance had been made a
promised; and in the case of any adj d
tnce security so given no person shall be II
ed thereon unless he was party to such v
each: Ii
SEC. -. That whenever any advance Sc Il
rity is discounted for any seaman, such Il
aman shall sign or set his mark to a re- Il
lpt Endorsed on the security, stating the Il
N actually paid or accounted for to him Ct
the person discOunting the same and if Ii
e seaman sails in the ship from the port of al
partnre mentioned in the security. and is | II
en- duly earning his wages, or is previously Ii
with the consent of the master. al
t not otherwise, the person discounting the Il
eurity may, ten days after the final depar- W
re OF the ship from the said port of depart Ell
e mentioned in the security, sue for and al
cover the amount promised by the Sc ii
Fltye with costs, either from the owner al
from any agent who has drawn or an bt
2rized the drawing of the security, in any lie
ttce,s or other competent court; and ia al
J such proceeding it shall be sufficient tr
? .