New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-09
belonging to the United States merchant
copvinn
DISCIPLINE OF sEAMEN.


following offenses, he shall be liable to bt
punished as follows, that is to say: first, TO
l desertiOn, he shall be liable to Imprisonment
for any period not exceeding three months
and also to forfeit all or any part of the
clothes or effects hes leaves on board
and all or any part Of the wages or emoI
uments which he has then earned; second
ly, for neglecting 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-tOul
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 suth
Gent reason, from his ship, or from his
| duty, not amounting to desertlon, 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
erection of the court, to forfeit out OF his
| wages sum not exceeding the amount OF
| two days pay, and in addition, for every
| twenty four hours of absence, either sum
not exceeding six days pay, or any eX-
| penses which have been properly incurred
| in hiring substitute; thirdly, for quittin g
| the ship without leave after her arrival at
her port of delivery, and before she is
placed in security, he shall be liable to tor
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 tour days
pay; filthy, for continued Willful dlsobe-
dience to lawful commands, or continued
wilIful 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 dlsObedl-
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; segenthIy. 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 willfuLy damaging
any of the stores or cargo, he shall be tables
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
to the master or owner, he shall be
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
or on account of such liability, and shall
also be liable TO imprisonment for period
not exceeding twelve months.
Sec. 50. That upon the commission of any
of the otfenses 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
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 statement that
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 Zoe
entered and signed in manner aforesaid;
and in any subsequent legal proceedings
the entries hereinbefoFe required SHALL if
practicable, be produced or proved, and in
default of such production or proof, the
court hearing the case may, at its discre-
ton, refuse to receive evidence Of the Of
tense.
SEC. 50. That whenever, either at thee COM
meneement 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
duly engaged to serve, or is found other
wise absenting himself therefrom without
leave, the master, or any mate, or the
owner, or consignee, or shipping commits
sloner, may, in any place i'll the United
States, with or without the assistance Of the,
local public officers or eonstables, who are
hereby directed to give their assistance il
required, and also at any out of the United
States, II and so far as the. avs in force at
such place will permit, apprehend him
without first procuring warrant and NAV
theTeupOD, III any case, and shall in case he
so requires, and it is practicable, convey
him before any court of justice or justices
of any State, city, town, or county, within
the United States capable of taking cog
nizance of offenses Of like degree and kind
of the matter, to be dealt with according to
the provisions hereinbefOre contained in
to such cases: and NAV. for the
purpose of conveying him before such court
of justice, detain him in custody for pc
Rod not exceeding twBnty-four hours, or
shorter time, as be necessary, or may,
if he does not so lire, or if there is no
such court at or near the place. at
once convey him on board; and if such
apprehension appears to the court of
justice before which the case is brought to
have been made on improper or on INSULT
Gent grounds, the master, mate, conscience
or shipping commissioner who makes the |
same, or causes the same to be made, shall |
incur penalty not exceeding one hundred |
dollars; but such penalty, if inflicted, shall |
be bar to any action tor false imprison- |
mept.
SEC. "a. That any master of, or any sea
man or apprentice belonging to, any mer- |
chant ship who, by wilIful breach ofdutv,or |
who, by reason Of drunkenness, does any act |
tending to the immediate loss, destruction |
or serious damage to such ship, or tending |
to endanger the life or limb of |
any person belonging to or on board Of such |
ship, or who, BY willful breach of duty, or |
by neglect OF duty, or by reason of drunk |
enness, refuses or omits to do any lawful |
act proper and requisite to be done by him |
tor preserving such ship from immediate |
loss, destruction or serious damage or for |
preserving any person belonging to or on |
board of such ship from immediate danger |
to life or limb, shall, for every such offenSe. |
be deemed guilty of misdemeanor. and |
snail be liable to Imprisonment for period |
not exceeding twelve months.
Sec. 55. That all clothes. effects and wa GOO
which. under the provisions of this act |
are forfeited for desertion, shall be applied |
IL the 1lrst instance, in payment of the ex-
9ehSes occasIoned by such leserton to the |
master or owner Of the ship from which the
iesertlon has taken place, and the balance
IT any shall be paid by the master or
owner to any shipping commissioner resi-
lent at the port at which the voyage of
'uch snip terminates; and the shipping
shall account to and pay over
{1n ~ A,1