New Orleans Republican., 1872-10-03

| master or owner of any such ship who dis.
| charges any such seaman belonging thereto.
or, except as aforesaid, pays his wages
within the United States in any other man
ner, shall incur a penalty not exceeding
! fifty dollars.
SEC. %. That every master shall, not less
| than forty eight hours before paying off or
! discharging any seaman, deliver to him, or
| if he is to be discharged before a shipping
| commissioner, to such shipping com
| 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 offense, incur pen
atty not exceeding fifty dollars and no
deduction from the wages OF any seaman
Except in respect of any matter happening
after such delivery shall be allowed, un-
less it is included in the account delivered !;
and the master shall, during the voyage,
enter the various matters in respect to
which 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 "Offieial 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 authori-
ty, of any complaint or question relating to
such payment
SEC. "a. 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 his
service and the time and place of his dis
charge, in the form hereto annexed, marked
" Il :" and If any master fails to sign and
give to any such seaman such certificate and
discharge he shall, for each such offense, in-
cur a penalty not exceeding fifty dollars
provided, that the proviso annexed to sec
ton twelve, which applies to masters of
yrnSSnIS don. tba+
shall also apply to such masters of vessels
in the discharge of seamen.
SEC %. That every shipping commits
sioner shall hear and decide any question
whatsoever between q 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
iustice 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, OF 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
ter In question in such proceedings and may
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 a
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 27. That the following rules shall be
observed with respect to the settlement of
wages, that is to say: First, upon the COM
plttion, before shipping commissioner, of
any 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 OF en-
gagement, and the shipping commissioner
shall also sign and attest it, and shall re-
tdlu IL III d DOOh 10 Db kGDG IQr J1aE DUR
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
demands for wages between the parties
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
sioner to be true copy, shall be given by
him to any party thereto requiring the
same, and such copy shall be receivable in
evidence upon any future question touch
lng such claims as aforesaid and shall have
all the effect of the original of which it
purports to be copy; fourthly, in cases in
which discharge and settlement before q
shipping commissioner are hereby required,
40 payment, receipt, settlement or discharge
otherwise made, shall opers&e@as evidence
of the release or satisfaction of any claim;
ifthly, upon payment being made by a
master before shipping commissioner, the
shipping commissioner shall, if required,
sign and give to such master statement
II the whole amount so paid, and such
statement shall, between the master and
lis employer, be received as evidence that
le has made the payments therein men
ioned.
SEC. 49,, That upon every discharge ef-
ected before shipping commissioner the
haster shall make and sign, in a form mark
I'd "E, in schedule thereto annexed. a re-
BORT OF the conduct, character and duaIi-
ications of the persons discharged, or NAV
jtate on said form that he declines to give
opinion upon such particulars. or upon anv
II them; and the commissioner shall keen a
egl5ter OF the same, and shall, if desired so
o do By any seaman, give to him or iadorse
N his certificate of discharge q copy of so
much of such report as concerns him.
SEC. ~. That every seaman, being for
igner, who declares his intention of be-
omlng citizen OF the United States in. any
ompetent court, and shall have served three
ears on board OF a merchant ship or shios
1 the United States subsequent to the date
i such declaration, may on his applica-
ION to any competent court and the pro-
uctl9n OF his certificate of discharge and
ood conduct during that time, together
Flth the certificate of his declaration of in
entl0n to become a citizen be admitted a
ltIzen OF the United States; and every sea
ian, being foreigner, shall, after his de-
iaration of intention to become citizen of
he United States, and shall have served
lree years, be deemed citizen of the
'nited States for the purpose of manning
nd serving on board any merchant shin in
ne United States, anything to the contrary
/ any previous act of Congress notwitfI-
landing; but such seaman shall for all pur-
oses OF protection as an American citizen. be
eemed such, after the filing of his declare
on of intention to become such citizen.
Sec. ~. That a seaman's right te WAGES
nd provisions shall be taken to commences
ther at the time at which he commences
ORR, OF at the time specified in the agree
ent Tor ms commencement of work or