New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-27
NEW ORLEANS REPUBLICAN, FRIDAY, SEPTEMBER 81 1872

amount of wages each seaman is to receive;
slXthly, scale of the provisions which are
to be furnished to each seaman; seventhly
any regulations as to conduct on board, and
as to tines, short allowance of provisions
or other lawful punishment for misconduct
as may be sanctioned by Congress as reg
ulatlOns proper TO be adopted, and which
the parties agree to adopt; eighthly, any
stpulations IN reference to advance and
allotment OF wages, or other matters not
contrary 10 law; provided, that whenever
the master OF any vessel shall engage his
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 Drovided by the proviso of
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 a 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-cOmnissioner by either the seameu or
the master.
SEC 10. 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;
! secOndIyo when the crew is first engaged
! the agreement shall be signed in duplicate,
and one part shall be retained by the ship
| plng-cOmmissiOner, and the other part shall
| contain a special place or form for the de-
! scriptlonEand signatures of persons engaged
/ subsequently TO the first departure Of the
| ship, and shall be delivered to the master;
| thlrdlye every agreement entered into be-
fore a shipping commissioner shall be ac-
knowfedged and certified under the hand
and official seal Of such commissioner, and
shall be indOrsed ON or annexed to such
agreements and such certificate of ackn0wIs
edgement shall be in form and manner fol.
HOwIBgp to wits
I estate of -o-~~. county of ---:
SON this o day of Co... personally
appeared before meg a shipping commiso
sioner in and for the said county, 40 b. c.,
ID and E. Foe severally known to me to be
the same persons who executed the foregoo
ing instrument who each for himself ac
knowledgeP to me shat he had read or had
heard yead the same: that he was bT me
made acquainted with the conditions
thereof, and understood the same, and that
while SOBER and not in a state of intoxicao
iionu he signed it freely and voluntarily, for
the uses and purposes therein mentioned"
SEC IA That tirsto if anp person shall he
carried to sea as one of the crew on board of
any ship making a voyage as lereinbefore
specified without entering into an 8greeo
ment with the master OF said ship in the
form and manner and at the place and times |
hereby in such cases required the ship shall
be held table, and for each such Otfense |
shall! incur a penalty not exceeding two |
hundred dOIIarSs 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 ilnoW1o |
edge OF captain mate. or OF anF of the Otfis
GERS OF tie ship, or who shall have falsely |
personated himself Go the captain, mate, or
o1iiccTs OF the ship for the purpose Of being
carried 10 sea; secondly if any master.
mate or other officer OF a ship knowingly |
receives, 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 incir
a penalty Of sum not exceeding two hun I
dre.l dollars: provided further. that in case
OF desertlono or Of casualty resulting in the
loss OF one or more seamen, the master NAV
ship number equal to the number OF
whose services he has been deprived bv de.
sertion or casualty, and report the same to
the United States consul a tie first port at
which he shall! arrive without mourning
such penalty.
SEC. -. That every master Of merchant
ship at the United States who engages any
at place out Of the United States,
n winch there is consular officer or come
ncrcial agent, shall, before carving such
seaman to sea, procure the sanction Of such
'1hceFo and shall engage seamen before |
q ntfi 0T,I 10 !
lerelnbe1oIo contained with respect to the
of seamen before a shipping I
commissioner in the United States shall I
ippiT TO Such engagements made before |
consular officer or commercial agent: and !
lpon every S0ch engagement the consular ! {
nicer or commercial agent shall inlOrse ! (
p0n the agreement his sanction thereof. | ,
M an attestaton TO the effect thac the (
anne has been signed in his presence. and
therWlse made. as hereby required; and 5
very. master who engages any seaman in {
ny place n which there is a consular Off. 5
eE or commercial agent otherwise than as t
ercn0etorc required. shall incur penalty a
OF exceeding one hundred dollars. for a
'hlch penalty the ship shall be held liable: ! a
nj all such agreements so made shall be :,
OH, and the stamen so engaged shall be t
Untitled tOrecOyer the highest rate of WAGES +
the port from which the seaman was
hipped. q
SEC. Is. That all stfpu1ations for the al. a
tment Of any part OF the wages of a sea. Fl
an during his absence which. are made at h
le commencement Of the voyage shall he 81
serted IN the agreement, and shall state O.
e amounts and times of the payments to | CT
, made, and 5he persons to whom such N
1yments are to be madea h
Sec Io That no advance Of wages shall
? made or advance security given to aDy IL
,rson but to the seaman himself, or to his Fl
ne or mother and no advance of wages w
all be made, or advance security given. al
less the agreement contains stipulation CT
L the same, and an accurace statement of til
e amount thereofe and no advance wages su
advance security shall be given to any eli
aman except in the presence OF the shin. So
lg commissioner an
Sec is That if any advance in wages is Liz
lde or advance security given to any sea- he
IN in any such manner as to constitute a mo
each OF any of the above provisions, the til
Lges OF such seaman shall be recoverable
hlm as Ii no such advance had been made an
promised; and in the case Of any ad- de
nee security SO given no person shall be me-
I'd thereon unless he was party to such wi
each. Iir
SEC, I9. That whenever any advance sns flo
slty Is discounted for any seaman, such thu
man shall sign or set his mark to a re- the
pt lndOrsed on the security stating the ! to
n actually paid or accounted for to him cul
the person dlscOunting the same and if tic
seaman sails in the ship from the port of aid
lartUre mentioned in the security, and is ma
n duly earning his wages, or is previously liy
charged with the consent of the master an,
not otherwise, the person discOunting the the
uHty may, ten days after the final deDar VIII
OF the snip from the said port of depart efft
.liel 'IGn7u III the security sue tor and am
over the amount promised by the Sc tioJ
ltv, with costs. either from the orror an,