New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-09

| amount u wages eacn seaman is to receive
sIxthly, scale Of the provisions which ar
to be furnished to each seaman; seventhly
any regulations as to conduct on board, ant
as TO tines, short allowance of provisions
or other lawful punishment for miscondue
as may be sanctioned by Congress as reg
ulatlons proper to be adopted, and whicl
the parties agree to adopt eighthly, AM
| stipulatiOns in reference to advance ant
allotment OF wages, or other matters no
| contrary to law; provided that wheneve
the master of any vessel shall engage hi
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 provided by the proviso o
| 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 a port il
| the United States may reship and sail in
| the same We: sci on another voyage without
! the payment Of additional fees to the ship
| ping-commissioner by either the seamen OF
| the master,
SEC. -. That the following rules shall be
| observed with respect TO agreements: Earst
| every agreement Except III such cases OF
| agreements as are hereinafter specially pro
| vided for shall be signed by each seaman
in the presence of a shipping -commissiOner;
| secondly, when the crew is first engaged
the agreement shall be signed in duplicate,
and one part shall be retained by the ship
ping commissioner, and the other part shall
Il a. i
scripuoDsand signatures of persons engaged
subsequently to the first departure of the
ship, and shall be delivered to- the master;
thirdly, every agreement entered into be-
fore a shipping commissioner shall be ac-
knOwledged and certified under the hand
and official seal of such commissioner, and
shall be Endorsed on or annexed to such
agreement, ana such certificate Of acknowl-
edgement shall be in form and manner fol
lowing, to wit
Estate of -, county of -:
son this - day of - personally
appeared before ME, shipping commits
sioner in and for the said county, A. B., c..
D. and E. f.. severally known to me to be
the same persons. who executed the forego-
ing instrument, who each for himself &C
knowledged to me that he had read or had
heard read the same; that he was by me
made acquainted with the conditions
thereof, and understood the same. and that
while sober, and not in a state of intoxica-
ton, he signed it freely and voluntarily, for
the uses and purposes therein mentioned"
SEC. IA. That, first, if any person shall be
carried to sea as one OF the crew on board of
any ship making voyage as hereinbefore
specified without entering into an agree
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 liable, and for each such 0tfense
shall incur a penalty not exceeding two
hundred dollars: 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 knowI-
edge of captain. mate, Or of any of the Off
GERS OF the ship, or who shall have falsely
persOnated himself to the captain, mate, or
officers OF the ship for the purpose of being
carried to sea; secondly, ii any master,
mate, or other officer OF 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 incur
penalty Of Il sum not exceeding two hun
dred dollars provided further, that in ease
OF etesegtio2, or Of casually resulting in the
loss of one or more scameR, tlk master NAV
ship a Gumbe% equal tB the number of
whose ser0ices he das been deprived by de-
serti0n or casually and report the same to
the United States consul at the first port at
which he shall &rGigeo %5thouJ mourning
such penaltgo
Sec. Is. That every master of a merchant
ship of the United States who engages any
seaman at place out of the United States,
il which there is a consular officer or com
mercial agento SHALL before carrying such
seaman 20 sea, PrOcuSe the sanction of such
officer and shall engage seamen before
such Officers and the same Gules as are
hereiubetUre contained Sgith gesDpct to the
engagement sof seamen before a shipping
commissioner IN the United States shall
apply 80 such. engagements made before
consular officer OF commercial agent: and
upon every such engagement the consular
officer or commercial agent shall indorse
upon the agreement his sanction thereof,
and an &ttGstaton to the effect that the
same has been signed in his presence, and
otherwise made as hereby required; and
every master who engages any seaman in
any place in which there is a consular off
Ger or commercial agent otherwise than as
herein before required, shall incur a penalty
not exceeding one hundred dollars. for
which penalty the ship shall be held liable:
and all such agreements so made shall be
void, and the. seamen so enga @ed shall be
entitled to recover the highest rate of wages
Of the port from which the seaman was
shipped.
SEC. I6 That all stipulations for the al
lotment Of any part of the wages Of a sea-
man during his absence which are made at
the commencement of the voyage shall be
inserted in the agreement, and shall state
the amounts and times of the payments to
be made, and the persons to whom such
payments are to be made.
GrC cgJr T
be made or advance security given to any
person but to the seaman himself or to his
wife or mother; and no advance of wages
shall be made. or advance security given,
unless the agreement contains a stipulation
for tie same, and an accurace statement of
the amount thereof; and no advance wages
or advance security shall be given to any
except in the presence Of the ship
ping commissioner
SEC. IL. That if any advance in wages is |
made or advance security given to any sea-
man in any such manner as TO constitute a
breach OF any Of the above provisions. the
wages Of such seaman shall be recoverable |
by him as If no such advance had been made |
Or promised and in the case of any adj |
vance security so given no person shall be |
sued thereon unless he was party to such |
breach.
SEC. 10. That whenever any advance Sc
JUICY - HLSSOttAttu Iof any seaman, suCn |
seaman shall sign or set his mark to a re-
'eipt Endorsed on the security, stating the |
sum actually paid or accounted for to him |
)T the person dlsCOultlng the same and if |
he seaman sails in the ship from the port of |
departure mentioned in the security, and is |
hen duly earning his wages, or is previously |
discharged with the consent of the master |
)ut not otherwise, the person discounting the |
security may, ten days after the final depar-
ure Of the Ship from the said port of depart
IRE mentioned in the security, sue for and |