New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-08
NEW ORLEANS REPUBLICAN, TUESDAY, OCTOBER 8 1872


sIxthly, scale of the provisions which ar
10 De furnished to each seaman; seventhlT
any regulations as to conduct on board, an
as to lines, short allowance of provisions
or other lawful punishment for miscOnduc
as may be sanctioned by Congress as reg
ulatIons proper to be adopted, and whicl
the parties agree to adopt; eightbly, an,
supuIatIons 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
sloner 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 proyiso 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 c0astWise 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 in
| the United States may reship and sail in
| the same vessel on another voyage without
| the payment Of additional fees to the ship
commissioner by either the seamen or
the master.
SEC. H. 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
II 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 shin.
ng-COmmissi0ner, and the other part shall
contain special place or form for the de-
scription!and 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 shipping commissioner shall be ac-
knowledged and certified under the hand
and official seal of such commissioner, and
shall be indOrsed on or annexed to such
agreement, and such certificate of acknowI-
edgement shall be in form and manner fol-
lowing, to wit;
State of -, county of -:
"On this -- day of - personally
appeared before me, shipping commits
sioner in and for the said county, A. B.. G.
ID. and Z. F. s6verally 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 Offens6 |
shall incur 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, if any master,
mate, or other officer of a ship knowinglv
receives, or accepts to be entered on board of
any merchant ship, any seaman who has
oeen engaged or supplied contrary to the
provisions OF this act, the ship on board of
which such seaman shall be found shall. for
very such seaman, be liable to and incur
1 penalty OF a sum not exceeding two hun
lred dollars; provided further that in case
II deserti0n, or of casualty resulting in the
0ss OF one or more seamen, the master NAV
IMP number equal to the number of
whose services he has been deprived by de-
ertlOn or casualty, and report the same TO
he United States consul at the first port at
which he shall arrive without jncurring
UGH penalty.
SEC 10. That every master of merchant
hip OF the United States who engages any
canaan at place out Of the United States,
4 which there is a consular officer or com
lerciaL agent, shall, before carrying such
canaan to sea, procure the sanction Of such
ttinlr and shall !
UGH officer; and the same rules as are
erelnbetoTe contained with respect to the
Engagement lot seamen before a shipping
in the United States shall
pply to such engagements made before
Onsular officer or commercial agent: and
pom every such engagement the consular
mcer or commercial agent shall indOrse
pom the agreement his sanction thereof,
nd an attestat on to the effect that the
anne has been signed in his presence, and
therWlse made as hereby required; and
very master who engages any. seaman in
ny place IN which there is a consular Off s
II or commercial agent otherwise than as t
ereinbetore required, shall incur penalty E
OF exceeding one hundred dollars, for q
hIch penalty the ship shall be held liable; 8
ld all such agreements so made shall be |
0ld, and the seamen SO engaged shall be t
ltltIed toreCover the highest rate of wages t
the port from which the seaman was
ripped. a
SEC. l6. That all stipulations for the AL a
tment OF any part Of the wages of a sea- f
an during his absence which are made at
e commencement of the voyage shall be S
serted in the agreement, and shall state 0
e amounts and times Of the payments to c
made and the persons to whom such o
lyments are to be made. b
SEC Ia. That no advance of wages shall
made or advance security given to any il
rson put to the seaman himself or to his Fl
ne or mother: and no advance eff wages "
all be made, or advance security given. a
less the agreement contains a stipulation C
the same, and an aCcurace statement of Il
g amount thereof; and no advance WAGES 81
advance security shall be given to any c.
anan except in the presence of the shin 81
1g commissioner. a.
SEC. IL. That if any advance in wages is Ii
a0e or advance security given to any sea- b
IN IL any such manner as to constitute a | D.
each OF any of the above provisions, the Il
lges OF such seaman shall be recoverable
MN as II no such advance had been made al
promised and in the case of anv adj d.
nee security so given no person shall be n
each IL
SEC ~, That whenever any advance Sc til
rlty IS discounted for any seaman. such til
IMAM shall sign or set his mark to a re- th
pt indorsed on the security, stating the to
Il actually paid or accounted for to him Gu
the person dIscountng the same and if til
seaman sails IN the ship from the port of al
}arture mentioned in the security, and is m
n duly earning his wages, or is previously liz
charged with the consent of the master. ar
not otherwise, the person discounting the til
urlty may, ten days after the final depar- wi
{ OF the ship from the said port of depart eff
mentioned in the security, sue for and ar
over fnn 9mOUrt rlrhDlicad ba ~,