New Orleans Republican., 1872-10-04


duly authorized shipping commissioner nm
der this act, except in cases where some
| competent court otherwise directs: and am
master or owner of any such shin who d;SS-
| charges any such seaman belonging thereto
or, except as aforesaid, pays his wages
| within the United States IN any other man
ner, shall incur a penalty not exceeding
| fifty dollars.
SEC, %. That every master shall, not less
| than forty eight hours before paying of 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 lis,
| wages, and all deductions to be made there
| from on any account whatsoever; and in
default shall, for each ofense, incur-a 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, m
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 book to be kept for that
purpose, to be called the "0ticiaI 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 autLori-
y
such payment.
SEC "a That upon the discharge of any
seaman, or upon payment of his wages, the
master shall sign and give hIm 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 otfonse, 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 pr0viso,
shall also apply to such masters of vessels
in the discharge of seamen.
SEC. %. That every shipping commits
sioner shall hear and decide any question
whatsoever between a master, consiguPe,
agent, or owner, and any of his crew, which
both parties agree in writing to submit 10
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 matters 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 of a commissioner such submission
or award shall be prima facie evidence
thereof,
SEC. &C. That in any proceedings relating
to the wages, claims, or discharge Of any
commissioner, under the provisions OF this
act, such shipping commissioner may call
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
ter in question in such proceedings and NAV
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 afer6--
said, ii in his possession or power, or does
not appear and give evidence, shall, unless
he shows some reasonable cause for such a
default, for each otfense incur 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 III other cases
of contempt of the process Of tine court
SEC. y. That the following rules shall be
observed with respect to the settlement Of
wages, that is to say: First, upon the COM
pLetiOn, 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
sea1nen assent to such settlement, or the
settlement has been adjusted bY the
shipping commissioner; secondly such 20
lease so signed and attested shall operate
as mutual discharge and settlement of all
demands Tor wages between the parties
thereto, on account of wages, in respect of
the past voyage or engagement; thirdly.
copy OF such release, certified under The
hand and seal OF such shipping commits
sloner to be true copy, shall be given by
1lm TO any party thereto requiring the
same, and such copy shall be receivable in
evidence upon any future question touch
NJ such claims as aforesaid, and shall have
Ill the effect of the original OF which il
}urports to be copy; fourthly, in cases in
which discharge and settlement before a
shipping commissioner are hereby REQUIRED.
10 payment, receipt seutlementor discharge
otherwise made, shall operate as evidence
II the release or satisfaction of any claim:
tthiy, upon payment being made by a
master before shipping commissioner. the
mpplng commissioner shall, if required
ign and give to such master q statement
II the whole amount SO paid, and such
tatement shall, between the master and
lis employer, be received as evidence that
,e has made the payments the rein men
ioned.
SEC. 28. That upon every discharge ef-
ected before shipping commissioner the
easter shall make and sign, in form mark
d e., in schedule thereto annexed, re-
'ort OF the conduct, character and Cuali.
catIons OF the persons discharged, or NAV
tate on said form that he declines to give
plnlon upon such particulars, or upon any
i them; and the commissioner shall keep
eglster OF the same, and shall, if desired so
Go BY any seaman, give to him or indorse
n his certificate of discharge copy OF 50
ouch OF such report as concerns him.
SEC. ~ That every seaman being for
Igner, who declares his intention of be-
omlng citizen of the United States in aDy
ompetent court, and shall have served three
ears on board OF merchant ship or sh5Dg
/ the United States subsequent to the date
/ such declaration, may, on his appEca-
ION to any competent court, and the pro-
uction OF his certificate of discharge and
ood conduct during that time, together
nth the certificate Of his declaration of in
entIon to become a citizen, be admitted
luzen OF the United States; and every sea-
IAN, being foreigner, shall, after his de-
iafatlon OF intention to become q citizen. OF
ne United States, and shall have served
lree years, be deemed a citizen OF the
5hlted States for the purpose of manning
h0 serving on board any merchant ship n
ne United States, anything to the contrary
l any previous act OF Congress notTttf-
5andIng; but such seaman shall for all mr.
oses OF protection as an American citizen. be
eemed such, after the filing Of his declara-
on OF intention to become such citizen.
SEC 5U. That seaman's right to WAGES
nd provisions shall be taken to coTurparca