New Orleans Republican., 1872-10-05

twelve of this act shall be DISCHARGED and
receive their wages in the presenca-of a
duly authorized shipping commissioner nm
der this act, except in cases where some
competent court otherwise directs; and anv
master or owner of any such ship who diS.
charges any such seaman belonging thereto
or, except as aforesaid, pays his wages
within the United States in any other man
ner shall incur penalty not exceeding
fifty dollars.
SEC. 3D. That every master SHALL not less
than forty eight hours before paying off or
discharging any seaman, deliver to him, or
if he is to be discharged before a shipping
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, un
less it is included in the account delivered
and the master shall, during the voyage,
enter the various matters in respect to
| which such deductions are made, with the
| amounts of the respective deductions as
they occur in a book to be kept for that
purpose, to be called the g Official Log
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 any
seaman, or upon payment OF his wages, the
master shall sign and give hIm a certificate
of discharge, specifying the period of his
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 a penalty not exceeding fifty dollars;
provided, that the proviso annexed to Sec
ton twelve, which applies to masters of
vessels engaging seaman under that proviso.
shall also apply to such masters Of vessels
in the discharge of seamen.
SEC. 25. That every shipping commits
sioner shall hear aud decide any question
whatsoever between 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 may 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 at commissioner, such submission
or award shall be priIna facie evidence
thereof.
SEC. 26. That in any proceedings relating
to the wages, claims, or discharge of any
seaman, carried on before any shipping
commissioner, under the provisions Of this
act, such shipping commissioner may cali
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, pa
pers, or other documents in their respective
possession or power, relating to any mat
term question in such proceedings, and may
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 any
such books, papers, or documents as afOre-
said, if in his possession or power, or does
not appear and give evidence, shall, unless
he shows some reasonable cause for such
default, for each Offenae incur a penalty not
exceeding one hundred dollars, and on
application being made by the shipping
commissioner, shall be further punished, in
the discretion OF the court; as in other cases
OF contempt of the process of the court
SEC. 27. That the following rules shall be
observed with respect to the settlement of
wages, that is to say: First, upon the COM
pt elton, before shipping commissioner. of
any discharge and settlement. the master
or owner and each seaman respectively. in
the presence OF the shipping commissioner
shall sign mutual release of all claims for
wages in respect of the past voyage or en-
gagement, and the shipping commissioner
shall also sign and attest it, and shall re-
tain 1T in book to be kept for that pur-
pose; provided, that both the master and
seamen assent to such settlement OF the
settlement has been adjusted by the
shipping commissioner; secondly, such re-
lease so signed and attested shall operate
IS mutual discharge and settlement of all
demands for wages between the narties
hereto IF yrar ~,
he past voyage or engagement; thirdly a
copy OF such release, certified under the
land and seal OF such shipping commits
doner to be true copy, shall be given bv
lIm to any party thereto requiring this
anne, and such copy shall be receivable in
,Noence upon any future question touch
ng such claims as aforesaid, and shall.have
III the effect OF the original of which is
'urports to be copy; fourthly, in cases in
which discharge and settlement before a
mpplng commissioner are hereby required
10 payment, receipt, settlement or DISCHARGE
LherWlse made, shall operate as evidence
i the release or satisfaction of any claim.
filthy, upon payment being made bv
1astef before shipping commissioner. the
nlpplng commissioner shall, if required.
ign ana give to such master a statement
l Uhe whole amount SO paid, and such
tatement shall, between the master and
IS employer, be received as evidence that
oned.
SEC. 28. That upon every discharge ef-
ected before shipping commissioner the
laster shall make aud-sign, in a form mark
d II, In schedule thereto annexed. "a re
ort OF the conduct, character and anaI-
cations OF the persons discharged or mav
tate on said form that he declines to giTa
oinlon upon such particulars, or upon any
them; and the commissioner shall keen a
7glster OF the same, and shall, if desired so
90 by any seaman, give to him or indorse
his certificate OF discharge a copy of 80
luch OF such report as concerns him.
SEC' %9' 1ha6 every seaman. being a for.
gner, who declares his intention of he
)nlng citizen of the United States in anv
)mpetentcourt, and shall have served three
ears on board of a merchant shin or sbins
the United States subsequent to the date
such declaration, may, on his applica-
on TO any competent court, and the Drn-
1ctlon OF his certificate of discharge and
sod conduct during that time. together
lth the certificate of his declaration of in
ntlon to become citizen, be admitted n
uzen OF the United States; and every sea,
an, BENG foreigner, shall, after his de-
OF Intention to become a citizen Of
e United States, and shall have served
rec years, be deemed q citizen Of +ba
nited States for the purpose of manping
ld serving on board any merchant shin iT2
9 United States, anything to the contrary
any previous act OF Congress notwi+6.
andng; but such seaman shall for ali n1II.
ses Oh protection as an American citizen ha
emed such, after the fling Of his deciars1
sn Oh intention to become such citi1nn