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

receive their wages in the nrasa;7 ne o. 'tiid
duly authorized shipping Commissioners M
der this act, except in cases where eonoo
competent court otherwise directs. and o,,[5
master or owner OF any such ship who dis.
charges any such seaman belonging tbnre+o
or, except as aforesaid, pays his pysoros
within the United States in any other man nan
ner, shall incur a penalty not exceedina,
fifty dollars
SEC. %. That every master shall, not less
than forty eight hours before paying off or
discharging any seaman, deliver to him, or
II he is to be discharged before shipping
| commissioner, to such shipping COM
missioner, full and true account of his
| wages, and all deductions to be made there
| from on any account whatsoever; and in
| default shall, for each offense, incur pen
| atty not exceeding fifty dollars; and no
! deduction from the wages of any seaman
texcept in respect of any matter happening
after such delivery shall be allowed, IN
| less 1t is included in the account delivered
and the master shall, during the voyage,
! enter the various matters in respect to
! winch such deductions are made with the
amounts OF the respective deductions as
| they. occur, in book to be kept for that
| purpose, to be called the Official Log
| book" as hereinafter provided, and shall.
| if required, produce such book at the time
of the payment of wages, and, also. upon
| the hearing, before any competent auth0ri.
| ty, of any complaint or question relating to
such payment.
Sec. "a. That upon the discharge of anv
seaman, or upon payment of his wages. the
master shall sign and give HIM certificate
Of discharge, specifying the period of hs
service and the time and place Of his dis,
charge, in the form hereto annexed, marked
"E !" and if any master fails to sign and
give to any such seaman such certificate and
discharge, he shall, for each such otfense, in.
cur penalty not exceeding fifty dollars
provided, that the proYiso annexed to see
ton twelve, which applies to masters Of
vessels engaging seaman under that proviso.
shall also apply to such masters of vessels
in the discharge of seamen.
SEC. 25. That every shipping commits
sioner shall hear and decide any question
whatsoever between master, consignee,
agent, or owner, and any of his crew, which
both parties agree in writing to submit to
him; and every award so made by him
shall be binding on both parties, and shall
in any legal proceedings which may be
taken in the matter, before any court of
Justice, be deemed to be conclusive as to the
rights of parties, and any document pur-
porting to be under the hand and official
seal of commissioner, such submission
or award shall be prima facie evidence
thereof
SEC. 26. That in any proceedings relating
to the wages, claims, or discharge of any
seaman, carried On before any shipping
commissioner, under the provisions Of this
act, such shipping commissioner may call
upon the owner, or lis agent. or upon. the
master, or any mate, or any other member
of the crew, TO produce any log books, pa
pers, or other documents in their respective
possession or power, relating to any mat
ter IN question in such proceedings, and NAV
call before him and examine any of such
persons, being then at or near the place on
any such matter; and every owner, agent,
master, mate, or other member of the
crew who, when called upon by the ship
ping commissioner, does not produce any
such books, papers, or documents as afore-
said, if in his possession or power, or does
not appear and give evidence, shall, unless
he shows some reasonable cause for such
default, for each Otfense incur a penalty not
exceeding one hundred dollars, and, on
application being made by the shipping
commissioner, shall be further punished, in
the discretion of the court. as in other cases E
OF contempt of the process of the court.
SEC u. That the following rules shall be /
observed with respect to the settlement of
wages, that is to say: First. upon the COM
Ltetion, before shipping commissioner, of 4
any discharge and settlement the master
or owner and each seaman respectively. in q
the presence of the shipping commissioner
shall sign mutual release of all claims for
wages IN respect Of the past voyage or en-
gagement, and the shipping commissioner
shall also sign and attest it, and shall re-
tain it in a. book to be kept for that pur-
pose; provided, that both the master and
seamen assent to such settlement or the
settlement has !. been adjusted BY the
shipping commissioner; secondly. such re-
lease so signed and attested shall operate
as mutual discharge and settlement of all Ii
demands for wages between the parties M
thereto, on account of wages, in respect of
the past voyage or engagement; thirdly, a
copy of such release, certified under the
hand and seal OF such shipping commits
sloner to be true copy, shall be given bv \
him to any party thereto requiring the
same, and such copy shall be receivable in
evidence upon any future question touch
ing such claims as aforesaid and shall have
all the effect of the original of which II
purports to be copy; fOurthIy, in cases in
which discharge and settlement before al
shipping commissioner are hereby required.
no payment, receipt, settlement or discharge
otherwise made, shall operate as evidenced
OF the release or satisfaction of anv claim
1tthly, upon payment being made by all
master before shipping commissioner, the
shipping commissioner shall if required
sign and give to such master statement
OF the whole amount so paid, and such
statement shall, between the master and
his employer, be received as evidence that
he has made the payments therein men.
toned
: SEC ~ That upon every Discharge eE
Iected before shipping commissioner the
master shall make and sign. in a form mark.
30 sh,I IN schedule thereto annexed re.
2oft OF the conduct, character and ouali
Lcatlohs Oh the persons discharged or NAV
5e eit on SAD torn that he declines. to give
u Pl u upon such particulars, or upon any
" theln; ana the commissioner shalt keen d w
.eSlstef OF tue same, and shall, if desired go 4
~ 40 py any seaman, give to him or indorseS {
- us eertlacate OF discharge COPY of sog
hG c OF sueh report as concerns him.
DEC. - mat every seaman, being f,r
'lgnef' who declares his intention Of he
coming citizen of the United States in 90
Competent court, and shall have served thTe
ears on board OF a merchant ship or sIil
= me United States subsequent to the date
i such declaration, may, on his applicg
ION 10 any competen5 court, and the pro
.ue5loh OF ms certificate of Discharge and
ood conduct during that time together
yltn IAe certificate Of his declaration of iE
enuon 70 become citizen, be admitted
iIizen OF the United States and eyary sea
! ian, oelng foreigner, shall after his de,
idtauoh OF intention to become a cfrizeno!
ne United States, and. shall have served
4tee years, be deemed a citizen of The
nlted States for the purpose of manning
no serving on board any merchant shin ID
ne United States, anything to the contrar
y any previous act of Con gress .notWit6
GahuIIg; out such seaman shall for ali mr.
oSes OF pfotectlon as an American citizen b
eemed such, after the fling of his declare
0 eL VI ~ dnVg s,lI to become such citizen