New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-08
belonging to the United States merchant
marine service.
DISCIPLINE OF sEAMEN.

e marine service.
4 DISCIPLINE OF SEAMEN.
r SEC. 81 That whenever any seaman VII
e has been lawfully engaged, or any apprel
+ tice to the sea srrvice, commits any OF til
. following otfenses, he shall be liable to b
= punished as follows, that is to say: first fC
: desertion, he shall beiable to imprisonment
for any period not exceeding three months
and also to forfeit all or any part of til
clothes or effects he leaves on board
and all or any part of the wages or em0l
uments which he has then earned; second
II, for negleeting and refusing, withou
: reasonable cause, to Join his ship, or to pro
coed to sea III his ship, or for absence with
out leave at any time within twenty-fo
hours of the ships sailing from any port
either at the commencement or during thu
progress OF any voyage, or for absence a
any time without leave, and without suti
Gent reason, from his ship, or from hi:
duty, not amounting to desertion, or mo-
treated as such by the master, he shall bt
liable to imprisonment for any period moi
exceeding one month, and also, at the dis
erection of the court, to forfeit out of his
wages a sum not exceeding the amount OF
two days pay, and, in addition, for every
twentyfour hours Of absence, either sum
not exceeding six days pay, or any ex.
penses which have been properly incurred
III hiring 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
| telt out OF his wages sum not exceeding
one months pay; fourthly, for willful
disobedience 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-
| dience to lawful commands, or continued
! Willful neglect of duty, he shall be liable
| to imprisonment for any period not exceed
| ing six months, and also, at the discretion
| 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
a substitute; sixthly, for assaulting any
master or mate, he shall be liable to impris-
onment for any period not exceeding two
years; seyenthly. 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 willfully damaging
any OF the stores or cargo, he shall be liable
to forfeit out of his wages a sum equal in
amount to the loss thereby sustained, and
also, at the discretion of the court, to inn
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
to the master or owner, he shall be
liable to pay such master or owner such
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
or on account of such liability, and shall
also be liable to Imprisonment for a period
not exceeding twelve months.
SEC. So. That upon the commission of any
OF the ofen5es 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 pert. before her de- |
parture theretrOm, 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 (if 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
court hearing the case may; at It's discre-
ton, refuse to receive evidence of the of
Tense.
SEC. 50. That whenever, either at the COM
mencement or during the progress of any
voyage, any seaman or apprentice neglects
or refuses to join, OF deserts from or refuses
to proceed to sea, in any ship in which he is
duly engaged to serve, or is found other
wise absentlng himself therefrom without
leave, the master, or any mate, or the
owner, or consignee, or shipping commits
5Ioner, may, III any place in the United
states, with or without the assistance of the |
0cal public officers or ccnstables who are
hereby directed to give their assistance il
'equlred, and also at any out of the United |
states, II and so far as the, avs in force at
'uch place will permit, apprehend him
without hrst procuring warrant, and NAV
hereupon, in any case, and shall in case he
70 requires, and 1t is practicable convey
I'm before any court of justice or justices s
u any State, city, town, or county, within I
he United States capable of taking cog {
llzance Of otfenses of like degree and kind c
II the matter, to be dealt With according tn f
he provisions hereinbefore contained in 1
eterence to such cases; and may, for the S
purpose OF conveying him before such court s
i justice, detain him in custody for ne O
lod not exceeding twenty-four hours. or s
horter time, as may be necessary. or may. h
ne does not so require, or if there is no b
UGH court at or near the place. at t
nee convey him on board; and if such
appears to the court of f
lstlce before which the case is brought to n
ave been made on improper or" on INSULT q
lent grounds, the master, mate, consignee. n
T shipping commissioner who makes the +
anne, or causes the same to be made, shall g
lcur penalty not exceeding one hundred lso
ollars; but such penalty, if inflicted, shall n
g bar to any action for false imprison- r.
lent. ~
SEC. Sd That any master of, or any sea- u ~
ian or apprentice belonging to, any mer- ~
3ant snip who, 6y wllltul breach ofduty,or :
no, by reason OF drunkenness, does any act a
7nomg TO the immediate loss, destruction | p,
serious damage TO such ship, or tending r,
nmedlately- to endanger the life or limb Of ~
ny person belonging to or on board of sI1ch | "
Zip, or who, by WillfuI breach of dntv or " y
neglect OF duty, or by reason of drunk ii
mess refuses or omits to do anv iaT-f1,l u
It proper and requisite to be done bv him "
II preserving such ship from Immediate s,
IS, destruction or serious damage. or for y.
deserving any person belonging to or on -
)ard OF such ship from immediate dancer - =,
life or limb, shall, for every such offense. ~
deemed guilty Of a misdemeanor, and X
ali be liable to imprisonment for period ~
IT exceeding twelve months. r. r.
SEC %. That all clothes, effects and wares - -
hlch' under the provisions of this act IL
e forfeited tor desertiOn, shall be applied, IN
the flrst instance, in payment of the ex- - -
nses oceas1oned by such desertion to the ~
aster or owner of the ship from which the r.
seftlon has taken place, and the balance | =;