New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-02
belonging to the United States merchant
DISCIPLINE oF sEAMEN.

SEC. 81. That whenever any seaman VIII
q has been lawfully engaged, or any appren
+ | tice to the sea srrv1ce, commits any.of tn
. following otfenses, he shall be liable to b.
punished as follows, that is to say: first, TO
desertion, he shall beliable to Imprisonment
for any period not exceeding three mOnOhs
and also to forfeit all or any part OF The
clothes or effects he leaves on board
aud all or any part of the wages or emol
uments which he has then earned; second
ly, for neglechng and refusing, without
reasonable cause, to JOIN his ship, or to pro
coed to sea in his ship, or for absence. with
out leave at any time within tWenty-foul
| hours of the ships sailing from any port
either at the commencement or during the
progress OF any voyage, or for absence at
any time without leave, and without sutf
eient reason, from his ship, or from his
duty, not amounting to deSertion, or not
treated as such by the master he shall be
liable to imprisonment for any period not
exceeding one month, and also, at the dis
cretion of the court, to forfeit out OF his
wages a sum not exceeding the amount OF
two days pay, and, in addition, for every
twenty-four hours Of absence, either q sum
not exceeding six days pay, or any ex-
penses which have been properly incurred
in hiring a substitute; thirdly, for quitting
the ship without leave after her arrival at
her port of delivery, and before she is
| placed in security, he shall be liable to for
| felt out of his wages a sum not exceeding
! one months pay; fourthly, for willful
| disObedieuce to any lawful command, he
| shall be liable to imprisonment for any pc
Rod not exceeding two months and also,
| at the discretion OF the court, to forfeit out
! OF his wages a sum not exceeding four DAYS
| pay; filthy, for continued willful disobe-
| dance to lawful commands, or continued
willful neglect of duty, he shall be liable
to imprisonment for any period not exceed
iT1rr 81 ,Is liz Il
of the court to forfeit, for every twenty
four hours continuance of such disobedi-
ence or neglect, either sum not exceeding
twelve days pay, or any expenses which
have been properly incurred in hiring
substitute; sixthly, for assaulting any
master or mate, he shall be liable to impris-
Onment for any period not exceeding two
years; seventhly. for combining with any
other or others of the crew to disObey lawful
commands or to neglect duty, or to impede
navigation of the ship, or the progress of
the voyage, he shall be liable to imprison-
ment for any period not exceeding twelve
months; eighthly, for willfully damaging the
ship or embezzling or wiIlfully damaging
any of the stores or cargo, he shall be liable
to forfeit out of his wages sum equal in
amount to the loss Thereby sustained, and
also, at the discretion of the court, to i'm
prisOnment for any period not exceeding
twelve months; ninthly, for any act of
smuggling of which he is convicted, and
whereby loss or damage is occasioned
liable to pay such master or owner such |
a sum as is sufficient to reimburse the |
master or owner for such loss or dam |
age, and the whole or any part of |
his wages may be retained in satisfaction |
OF on account Of such liability, and shall |
also be liable to imprisonment for period |
not exceeding twelve months.
Sec. - That un0n the Of oOv
of the Ofenses enumerated in the last pre- |
ceding section an entry thereof shall be |
made in the official log book and shall be |
signed by the master and also by the mate
or one of the crew; and the offender, if still
in the ship, shall, before the next subse-
quent arrival of the ship at any port, or if
she is at the time IN port, before her de-
parture therefrOm, either be furnished with
a copy of such entry, or have the same
read over distinctly and audibly to him,
and may thereupon make such reply thereto
as he thinks fit; and a statement that a
copy OF the. said entry has been so fur
nished or that the same has been so read
over as aforesaid, and the reply tif ANY,
made by the offender, shall likewise be
entered and signed in manner aforesaid
and IN any subsequent legal proceedings
the entries hereinbefore required shall, If
practicable, be produced or proved, and in
default of such production or proof the
|
ton, refuse to receive evidence of the Of
tense.
SEC. 53. That whenever, either at the COM
mencement or during the progress of any
voyage, any seaman or apprentice neglects |
Or refuses to join, or deserts from or refuses
to proceed to sea- in any ship in which he is
July engaged to serve, or is found other
wise absenting himS elf therefrom without
cave, the master, or any mate, or the
owner, or conslgnee, or shipping commits
IOner, may, IN any place in the United
states, with or without the assistance of the
ocal public officers or cCnstables, who are {
hereby directed to give their assistance if
equlred, and also at any out of the United s
states, ii and so far as the laws in force at {
such place will permit, apprehend him i
Without first procuring warrant, and may q
hereupon, III any case, and shall in case he |
o requires, and it is practicable, convey '
I'm before any court of justice or justices S
i any State, city, town, or county, within L
he United States capable of taking cog Q
lIzance OF ofenses of like degree and kind O
u the matter, to be dealt with according to f
he provisions hereinbefore contained in Il
eterence to such cases; and may, for the S
urpose of conveying him before such court s
f justice, detain him in custody for pc o
lod not exceeding twenty-four hours or s
horter time, as may be necessary, or may, h
he does not so require, or if there is no b
nee convey him on board; and if such
pprehension appears to the court Of fl
lstice before which the case is brought to n
ave been made on improper or on INSULT a.
lent grounds, the master, mate, consignee n
r shipping commissioner who makes the f
ame, or causes the same to he made shall | 81
lcur penalty not exceeding one hundred n
ollars; but such penalty If inflicted, shall n
9 bar to any action for false imprison- n
TENT r
SEC. 81. That any master Of or any sea- ~ y,
an or apprentice belonging to. any mer NJ
lant ship who, by willful breach of duty.or
no; By reason OF drunkenness, does any act Of
nding to the immediate loss, destruction c1
serious damage to such ship, or tending cr
to endanger the life or limb of Y,
~ person belonging to or on board Of such OF
up, or who, by Willful breach of duty, or Of
7 neglect of duty, or by reason of drunk. ii
mess, refuses or omits to do any lawful 4,
It proper and requisite to be done by him or
T preserving such ship from immediate "
IS, destruction or serious damage, or for to
eserving any person belonging to or on ri
'ard OF such ship from Immediate danger m
life or limb, SHALL for every such offense, ell
deemed guilty OF a misdemeanor and | th
all be liable to Imprisonment for period tb
t exceeding twelve months. r
SEC. 80. That all clothes, effects and wages on
nch. under the provisions of this act. tn
e forfeited for desertion, shall be applied. in
the first instance, in payment of the ex, a..
nses occasioned by such desertion to the nv
aster or owner of the ship from which the de
sertion has taken place, and the balance lin
any shall be paid by the master or
,ner to any shipping commissioner resi- an
MT at the port at which the voyage of cit
3h ship terminates; and the shipping VIC
IaGs,9y aV.e,Igp, 4