New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-25
belonging to the United States merchant

| mas D66Q lawfully 6DSdStb, VI St-AJ "E1.
| tice to the sea srrviCe, commits any OF Tue
| following otfcnses, he shall be Liable TO oe
punished as follows, that is to say: frst, lot
| desertion, he shall be liable to imprisonment
| for any period not exceeding three mon ms,
| and also to forfeit all or any part OF the
| clothes or effects he leaves on BOARD
| and all or any part of the wages or emoi-
| uments which he has then earned; secoho-
| ". for negIecting and refusing, without
reasonable cause, to join his ship, or 10 pro
coed to sea in his ship, or for absence With
out leave at any time within twenty -lottl
hours of the ships sailing from any port
either at the commencement or during Tue
progress of any voyage, or tor absence d.
any time without leave, and without sum
Gent reason. from his ship, or from MS
duty, not amounting to desertlon, or NOT
treated as such by the master, ne snalI pe
liable to Imprisonment Tor any peFloo 1oO
exceeding one month, and also, at tue al5-
erection of the court, to forfeit OUT OF MS
wages sum not exceeding the amount Vi
two days pay, and, IN addluon, IoE esoiS
twenty-four hours of absence, either sum
not exceeding six days pay, or any eX-
penses which have been properly incurred
in hiring a substitute; thirdly, for quitting
the shin without leave after her ARRIVAL at
her port of delivery, and before she Is
placed in security, he shall be ilable TO toF-
felt out of his wages sum not eXcee9ItnY
disobedieuce to any lawful command, he
shall be liable to imprisonment Tor any pc
Rod not exceeding two months, ana also,
at the discretion Of the court. to fortelt OUT
of his wages sum not exceeding TOUR oaSS
pay; filthy, for continued wIiItuI d!soDe7
dience to lawful commands, or continued
willfuI 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 dls0bedI-
ence or neglect, either sum not exceeding
twelve days pay, or any expenses WhIch
have been properly incurred IN hiring
a substitute; siXthly, for assaultng any
master or mate, he shall be liable to lmprls-
opment for any period not exceeding two
wears; seventhly. 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 1mprlson-
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 llabIe
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. 81. That upon the commission OF any
of tho pffeOSnG aDumpratnd in the Ia Vpa-
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 he 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 tf anv)
made by the offender, shall likewise be
entered and signed in manner aforesaid;
and in any subsequent legal proceedings
the entries heGeinbefore 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 the com
mencement 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 i'll 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 |
in, n in, In 4
States with or without the assistance of the |
local public officers or constables, who are
hereby directed to give their assistance if |
and also at any out OF the United |
States, If and so far as the laws in force at |
such place will permit, aDprehend him |
without first procuring warrant, and may |
thereupOn, in 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
nlZance of ottenses of like degree and kind |
of the matter to be dealt With according to
the provisions hereinbefore contained in
to such cases; and may, for the
purpose OF conveying him before such court
Of justice, detain him in custody for pc
rod not exceeding twenty-four hours. or
shorter time, as may be necessary, or may,
Il he does not so require, or if there is no
such court at or near the place, at
once convey him on board; and if such
appears to the court of
Justice before which the case is brought to
have been made on improper or on INSULT
Client grounds, the master, mate, constance
Or shipping commissioner who makes the
same, or causes the same to he made, shall
incur penalty not exceeding one hundred
dollars; but such penalty, if inflicted, shall |
be bar to any action for false imprison-.
ments
SEC. 81 That any master of. or any Sea
man or apprentice belonging to. any 1ner-
chant ship who, by wilItul breach of dutv,or
who, by reason of drunkenness, does anyact
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 |
SNIP or VINO, by WlIIful breach Of duty, or
by neglect OF duty, or by reason of drink
onness, refuses or omits to do anv lawful
act proper and requisite to be done bv 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
shall be liable to imprisonment for period
not exceeding twelve months.
SEC. %. That allclothes, effects and WAGES
which, under the provisions of this act.
are forfeited Tor deserti0n, shall be annlied
n the first instance, in payment of The ~,
3enses oecasioned by such desertion TO the
master or owner Of the ship from which the
l1eseftloh mas taken place, and the balance
II any snail be paid by the master or
3|nef 10 any shipping commissioner resi-
AtnU az the port at which the VOYAGE of
'oeh snip terminates; and the shipping
5ol 4lnlssloner shall account to and pay over