New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-12

receive their wages in the nresaSo So ., rtiu
duly authorized shipping comn,iss1onoso41 o
der this act, except in cases wbano 1ot W
competent court otherwise directs. aT5 Sg .u-
master or owner Of any such shin WIZ ~ ~
charges any such seaman bel0nqino 49,
or, except as aforesaid, pays his yrons,
| within the United States in any other ma,
nor, shall incur penalty not exceedincr
fifty dollars.
SEC. %. That every master shall. not 1as,
than forty eight hours before paving off sc
! disoharging any seaman, deliver to him, or
il he is to be discharged before a shipnina
! commissioner to such SHIPPING rn'
missioner a 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 offrnse, incur n men d,
| atty not exceeding fifty dollars and M
deduction from the wages of any seaman
! Except in respect Of any matter Happenings
| after such delivery shall be allowed, IN
| less IT IS included i'll the account delivered:
| and the master shall, during the VOYAGE,
| enter the various matters in respect 10
| which such deductions are made. with the
| amounts OF the respective deductions az
| they occur, in book to be kept for thas
| purpose, to be called the "Oiicia} Log
| book" as hereinafter provided, and shall.
il required, produce such book at the time
of the payment of wages, and, also, upon
| the hearing, before any competent authors
ty, of any complaint or question relating to
such payment.
Sec. o. That upon the discharge of any
seaman, or upon payment OF his wages, the
master shall sign and give HIM certificate
Of discharge, specifying the period of lis
service and the time and place of his dis
charge, in the form hereto annexed, marked
8 + = 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 prOviso annexed to sec
ton twelve, which applies to masters of
vessels engaging seaman under that proyiso,
shall also apply to such masters of vessels
III the discharge of seamen.
SEC. %. That every shipping commits
sioner shall hear and decide any question
whatsoever between a master, c0nSiguee
agent, or owner, and any of his crew, which
both parties agree in writing to submit TO
him; and every award so made bv 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 a commissioner, such submission
or award shall be prima faeie 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 his 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
term question IN such proceedings, and may
call before him and examine any of such
persons, being then at or near the place, on
M
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 atorC.
said, if in his possession or power, or does
not appear and give evidence, shall unless
he shows some reasonable cause for such q
default, for each offense incur 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
OF contempt of the process of the court
SEC. ~. That the following rules shall DO
observed with respect to the settlement of
wages, that is to say: First, upon the COM
I3etlon, before shipping commissioner, Of
amy discharge and settlement, the master
or owner and each seaman respectively, in
the presence of the shipping commissioner,
shall sign a mutual release Of all claims for
wages in respect Of the past voyage or Ell.
shall also sign and attest it, and shall re
tain it in 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 thl
shipping Commissioner; secondly, such re
lease so signed and attested shall Operat
as a mutual discharge aud settlement OF a.
demands for wages between the partie
thereto, On account of wages, in respect
the past voyage or engagement; thirdly,
copy of such release, certified under til
hand and seal OF such shipping e0mmk
sioner to be true copy, shall be given b.
him to any party thereto requiring tM
same, and such copy shall be receigableil
evidence upon any future question touch
Ing such claims as aforesaid aud shall haH
all the effect OF the original of which
purpoTts to be a copy; fourthly, in easesh
which discharge aud settlement before
shipping commissioner are hereby required
nopay ment, receipt, settlement or diachaFg
otherwise made, shall operate as eYidenc
Of the release or satisfaction Of any claim
tltth y, upon payment being made by
master before a shipping commissioner, tb
shipping commissioner shall, if required
sign and give to such master a statemeB
OF the whole amount so paid, and sue
statement shall, between the master AM
his employer, be received as evidence tia
he has made the payments therein men
toned.
SEC. 49, That upon every discharge d
tected. before shipping commissioner tht
master shall make and sign, in a f0rna marx
ed Il, in schedule thereto annexed, Ire
port OF the conduct, character and quail
locations of the persons discharged, or maj
state on said form that he declines to Civ
opinion upon such particulars, or upon apl
OF them; and the commissioner shall kceps
register OF the same, and shall, if desired 80
TO do by any seaman, give to him or ndoFsa
on ms ceftllcate OF discharge copy OF 50
mach OF such report as concerns him
SEC ~ That every seaman. being for
elgner, who declares his intention of be-
coming citizen of the United States in any
competent court, and shall have served three
years on board of a merchant shin or sbiog
Of the United States subsequent to the dap
OF such declaration, may, on his applica
ton to any competent court, and the pro
ductIon OF his certificate of DISCHARGE and
good conduct during that time, together
with the certificate of his declaration Of in
tentlon to become a citizen, be admitted /
citizen of the United States; and every sea
man. being q foreigner, shall, after his de
ciaratlon OF intention to become citizenOt
the United States, and shall have serve
three years, be deemed q citizen of th
United States for the purpose Of manain
ana serving on board any merchant ship Il
the United States, anything to the contFar
III any previous act OF Congress notwitb
standing; but such seaman shall for all put
poses Of protection as an American citizan,b
deemed such, after the fling of his declars
ton OF intention to become such citizen
SEC 30. That q SaaInau'a 10 ,rapa