New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-26
belonging to the United States merchant
marine service.
DISCIPLINE. OLE sEAMEN.

)
tice to the sea srryice, commits any OF IL
following offenses, he shall be liable to .
punished as follows, that is to say: hFsF, IL
desertion, he shall be liable to imprlsonmeL
for any period not exceeding three montns
and also to forfeit all or any part OF tn
clothes or effects he leaves on board
and all or any part Of the. wages or emo.
| uments which he has then earned; second
", for neglecting and refusing, without
reasonable cause, to Join his ship, or TO Pre-
coed to sea in his ship, or for absence WILL
out leave at any time within tWenty-tou
hours of the ships sailing from any poft
either at the commencement or during Tn
progress OF any voyage, or Ior absence d d
| any time without leave, and without sutil
Gent reason, from his ship, or from HI
duty, not amounting to desertion, or no
treated as such by the master, be shall bt
liable to Imprisonment for any PERIOD no
exceeding one month, and also, at the dis
erection OF the court, to forfeit out OF III;
wages a sum not exceeding the amount O.
two days pay, and, IN addition, Tor every
| twenty-fOur hours Of absence, either sun
not exceeding six days pay, or any eX
penses which have been properly incurred
in hiring a 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 tor
felt out of his wages sum not exceeding
one months pay; tourthly, tor Wliful
| 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 sum not exceeding four days
pay; filthy, for continued Willtul disobe-
dience to lawful commands, or continued
Willful neglect OF duty, he shall be Iabie
to imprisonment for any period not exceed
ING six months, and also, at the discretion
Of bo m fppfaj+ fnr twenty
four hours continuance OF such dIsobedl-
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 lmprls-
onment fOr any period not exceeding two
years; se7enthlv. 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 tor 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 og damage is occasi0ned
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 otfenses 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
OF 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
q 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 q
copy of the said entry mas been s@ fur
nlSned OF that the same has been SO read
over as aforesaid, and the reply lit any,
made by tie offender, shall likewise be |
entered and signed i'll manner aforesaid: |
and in any subsequent legal proceedings |
the entries GereinbetOre REQUIRED shall. if |
practicable be produced o. 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 9fo |
Tense.
SEC. S3. That Whenever, either at com. I
mencement or during the progress of any !
voyage. any seaman or apprentice neglects |
Or refuses to Join. or deserts from or refuses
10 proceed to sea, in any ship in which he is
duly engaged to serve, or is found other /
wise absenting himself therefrOm without
cave. the MASTER OF any mate. or the
owner, or conslgnee, or shipping commits
3ioners may, in any place in the United
States, with or without the assistance Of the
ocal public officers OF eCnstabIesy who are
hereby directed TO give theiy assistance if
and also at any out of Che Unitad
states. Il and so Tar as the laws in force at
'uch place will permit, apprehend him
Without first procuring warrant, and may
hereupon; IN any case, and shall in case he
o requires, and it is practicable, convey
I'm before any court of justice or Justices
i any State: city, town. or county, within
he United States capable of taking cog
lizance OF offenses OF like degree and kind
ii the matter, to be dealt with according TO
he provisions hereinbefore contained in
eference to such cases; and NAV, for the
urpose OF conveying him before such cour+
I JUSTICE detaln him in custody for a ne
lod not exceeding twenty-four hours. or
horter tlmea as may be necessary. or NAV.
Ae does net so $equire, or if there is no
"IA ~o"i' az pI near Il6 place, at |
nee convey him on board; and if such
pprehensioD appears to the court of
lst1ce before which the case is brought to
ave been made on improper or on INSULT.
lent grounds, the master, mate, conscience
shipping commissioner who makes tile
anne, or causes the same to be made. shall
lcur a penalty not exceeding one hundred
ollars; but such penalty, il inflicted, shall {
bar to any action for false imprison- ]
tent,
SEC. 81. That any master of. or anv sea-
IAN or apprentice belonging to, any fner j.,
1ant snip who, by willful breach of duty. or
no, by reason OF drunkenness, does anT act Z
7hdlng 10 the immediate loss, destruction | ,
i serious QamageTo such ship, or tending {
Immediately to eIi;3taenn@4r the life or limb Of
ny person belonging to or on boarla. Of s.Ich
lip, or who, by wiIlful breach of dutv ar r
neglect OF duty, or by reason of drunk. +
IneSs' refuses or omIts to do any lawful {
= proper ana requisite to be done by him q
Il preserving such ship from Immediate :
ss, destruction or serious DAMAGE. or for | :
reservIng any person belonging to on, an =
bard OF such ship from Immediate danaaT
lie or limb, shall, for every such offense =
deemed guilty of a misdemeanor ana :
an pe maple to imprisonment for a npriod I
u exceeding twelve months 7
SEC o. That all clothes, effects and wayas
men thder the provisions Of this Act +
= ;, iofdelted Tor desertiOn, shall be appled. !
, siS nist Instance, IN payment of the ex- s
,nses Cccasioned by such desertion +o tba =
aster or owner Of the ship from which the i
7eFdoh mas taken place, and the balance +
any snail be paid by the master or
Vner TO any shipping commissioner resi-. .
nj at the port at which the vovapa Of -
ca snip terminates; and the ship1ino u
a aii1lsSlqHef shaII account to and pay over