New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-28

g competent court otherwise directs; and aDv
e master or owner of any such ship who dis
I charges any such seaman belonging thereto
I 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 of or
discharging any seaman, deliver to him, or
If he is to be discharged before a SHINING
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
Except in respect of any matter happening
after such delivery shall be allowed. IN
less it is included in the account delivered
and the master shall, during the vO-qga
enter the various matters in respect to
which such deductions are made, with the
| amounts OF the respective deductions az
they occur, in a book to be kept for that
purpose, 10 be called the "Otficial Loo
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 anv
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
''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 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
in the discharge of seamen.
SEC. %. That every shipping commits
slOner shall hear and decide any question
Whatsoever between a 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 NAV 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. &c. That in any proceedings relating
to the wages claims, or discharge of anT
seaman, carried on before any shipping
commissioner, under the provisions OF this
act, such shipping commissioner NAV 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 ne
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 apv
such books, papers, or documents as afore-
sald, Il IN lis possession or power, or does
not appear and give evidence shall. unless
ne 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 SHINING
commissioner, shall be further punished in
tne FlseretiOn OF the court as in other cases
OF contempt of the process of the court.
SEC y. That the following rules shall be
observed with respect to the settlement Of
wages, that is to say: First upon the como
p etlon, before a 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 or en-
{agement and the shipping commissioner 4
mali also sign and attest it, and shall re- d
ain 1t IN book to be kept for that pr,r-
'ose; provided, that both the master and
eamen assent to such settlement. or the
e ttlement has been adjusted by the
shipping commissioner; secondly, such re-
ease so signed and attested shall operate
$ a mutual discharge and settlement OF al
elnands 1or wages between the parties
hereto on account of wages, in respecr Of
ne past voyage or engagement; thirdly a
opI OF such release. certified under the
and and seal OF such shipping commits
: !51 10 pe true copy, shall be given by
I'LL 10 any party thereto recurring the
anne ana such copy shall be receivable in J
'loeAGe upon any future question touch
lg Such claims as aforesaid, and shall have
u tne erect OF the original of which it
4fpofts TO be copy; fourthly, in cases in ~
HIen ulscharge and settlement before a
hpplhg commissioner are hereby re0nired
payment, receipt settlement or discbarpe
hefWlse made, shall operate as evidence
. Ine release or satisfaction of anv claim:
thly, upon payment being made by a
aster before shipping commissioner, the
IpplnS commissioner shall, if required,
gu ana give to such master q statement
Uhe whole amount so paid. and such
9tehehG snail, between the master and
) employer, be received as evidence that
mas made the payments the rein men
SEC; e. That upon every DISCHARGE eff
5C C oeioEe a shipping commissioner the
sster shall make and sign, in a form mark
e., IN schedule thereto annexed, a re.
rU OF the conduct, character and onaIi.
alons OF the persons discharged. or NAV
ste on SAID form that he declines To give
mon upon such particulars, or rpon arv
theln and the commissioner shall keen
ister OF the same, and shall, if desired so
40 oy any seaman, give to him or indOrse
ms certificate OF discharge copv of so
Gu OF such report as concerns him.
&c ~. That every seaman. beinp for.
neF, Wno. declares his intention Of he
ulhS cltlzen of the United States in anv
lpetent court, andshall have served fbrea
rs on board OF a merchant shin mr. sI;os
ne United States subsequent to the dafa
pch declaration, may, on his annIi.o,
/ TO any competent court. and tTaP 49,"
'Lon OF ms certificate of DISCHARGE and
:, conduct during that time, together
l: Ine certlhcate OF his declaration of in
eton 70 become citizen, be admitted a
zen oI the United States; and every. sea
i, oelhg foreigner, shall, after his de-
& 4El Of intention to become citizen of
OhlJed states, and shall have served "
70 years, be deemed a citizen Of The
te0 States for the purpose of mannin0
,g tFi1g on BOARD any merchant shin i9
Ch1tea states, anything to the c0n+rarT-
ny previous act OF Congress no+v1;+h,
olnS; but such seaman shall for ali mr.
y OF protection as an American citiza5 no
l Sa such, after the filing of his dec7ara-
u 81 dnt6 en- ZION to become such citizen
-. %: mat a seaman's right, To y-aooa
provisions shall be taken to commeTca
- dC me time at which he cornrae1ces
- pI at me time specified in the aorea-
III LIS commencement of voTI- ar
onGG on BOARD. whichever first hanr,ars