The Albany register. [volume] (Albany, Or.) 1868-18??, 1872-10-25


otherwise. the person iii sriinting the security
mBy, len tsays after The siHal departure of the
ship from the said port Of departure iaention7
cd in the security, wita costs, either firth. shr
owner nr from any agent who has drawn or
authorized the drawing ofihe sA,ufLty, n any
Justices or other competent totlrts and In any
such nrnceeding it shall BE- sufficient inr sllsh
lerson to vTnre tie se,sulitv WAS given by the
nwnt or master OF Some ether authorized
agent, and teat the same was discounted to
aid receiraed by tye seminar, ard the seaman
shalt be presumed 10 have sailed In the ship
from sucli port as Aforesaid, and to be duly
earning his wages, unless the contrary is
proved.
mencement fevery voyage or engagement,
cause lcgibe copy Of the agreement tomit-
ting signainresl TO be placed or postedup in
such lart ofthe ship as 10 be accessible to the
crew; and on default shall, for each ofense.
incur a penalty not exceeding one hundred
dollars.
SIC. 81. That any seaman who has signed
an agreement anil Is Afterwards discharged
before the commencement of the voyage or
before one months wages are earned, With
out fault on his part justifping such discharge
and without his consent, shall be entitled to
receiv from the master or owner, in addition
10 any wages he may have earned, a sum
equal In amount 10 one months wages as
compensa ion, ard may, on adtuc.ng such ey-
ilen,t' as the conrt hearing the case deems
sal ,factery Of having been Improperly dis
charged as aforesaid, re,oyee stlcll compensa-
tinn as ifit were wares ,luly earpeh.
SEC. D. TIA all seamen discharged In the
the Uni ed Safes from merchant ships en-
gageiin. vos ages as described ~ section
Twelve ofthis act shall be discharged and re-
ceive their wages In the presence ola duly
authorized shipping commissioner mn err this
abt, except In eases where some competent
eogrt hcrwise directs; and any master or
owner ofany sitch ship who diseha gcs any
sllch seaman belonging hereto, or, except as
ainre all, pays his wales within the United
STA es In any other manner, shall incur pen
atty moi exceeding fifty dollars.
SEC. 23 ThBt every master shall not less
than fortv-eight hours bef,rc raying Off or
discharging any seaman, deliver to him, or If
he l. TO be discharged befnre a shipping com
missioner, 10 such shipping commissioner. q
full and true account Of his wages, and all
deductions TO he made heIefarom on any AZ
count whatsoever; and in default shall, for
each oflense, insnr a penalty not exceeding
fifty lars; and no deduction from the
wages Of any seaman except inresnect ofany
matter happening after such delivery snail
be allowed, I'm 'ess Il Is incuetled In the ac-
count de iyered and the master shall during
the voyage, enter the various matters IN re-
spect to which deductions are made, with the
amounts Of The respective deductions as they
occur, in book to he kept for that purpose,
to he called the "Uffieial Log Book. os here
matter provided, and shall II required, pro.
duce such book ot the fine of the payment Of
wagesf and, also, upon the hearing before any
competent authority, Of any complaint or
question relating 10 such payment.
SEC. "a. That upon the discharge of any
seaman, or upon any paymcnt of his wages,
the master shall sign and give him eerliil-
ca'e Of discharge. specifying the period OF his
service and the lime and place 0f his discharge
In the form hereto annexed, marked "E;;''
and ifany master fails 10 sign and give % any
such seaman such certica and discharge,
he shall, for eoth nftense, incur penalty not
exceeding fifty dollars. Provided, That the
prOviso annexed 10 section twelve, whith ap.
pies to masters of vessels engaging seamen
under that proAiso, shall a so apply to such
masters Of vessels In the discharge Of seamsn.
SEC. 25. That every shipping-c1mmissioner
shall hear and decide auy question WhatsO-
ever between a master, consignee, agent, or
owner, and any ofhis crew. which both par
ties agree in wiring To submit to him; and
on both parties, and shall In any legal pro-
ceedings which may be taken in the ma ter,
before any court Of justice, be deemed to be
conclusive as 10 the rights Of parties and any
document plrp0rting to he under the hand
ami official seal OF commits i0ner, suth Sub
inlslon or award shall be prima-facte evidence
thereof: Il :. . 49,.
man, carried on before any shipping commits
sioner, under the The provisions III this act,
such selpplng commissioner may call upon the
owner, or his agent, or upon the master, or
mate, or any other member of the crew, to
produce any log-bouks. lapers. or other doc
llnlents IN their respec i've possession or pow
er, relating 10 any matter in question In such
proceedings, and may call before him and ex-
anime any OF such persons, being then at or
hear the p ace, Oh any such matter; and cv-
cry owner, agent, master, mate, or other
member OF the rrcW who, when cal edupon by
the shipping commission, does not prhnce any
such books, Diapers, or documents as aforesaid
II in his possession or power, or does no. ap-
pear and give evidence, shall, unless he shows
s, me reasonable cause for Such default, for
each otfense incur a penalty not exceeding
one hnndrld dollars, and on applita lon be-
ing ma e by the shipping commissioner shall
be mr,her 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 10 say: First, upon the COM
p.etion, before Ship ing-oommiss of
any discharge and settlement, te master or
uWner and each seaman respectively, in the
presence Of The shipping-comlnissioner shall
sign Il mutual release OF gll ciaims for wages
In respect 10 The past voyage or engagement,
and the shippingromm shallalso sign
and attest il, and shall retain 1t in book TO
be kept for that purpose: Provided. That
both the master and seamen assent to such
settlement, or the sett iement has been adj
justed by the hipping-commissioner se;-
ondlv, such relea-e so signc.l and attested
shall operate as mutual and settlement of
all demands for wages between the larties
thereto, ON account Of wages, In respect of
the past voyage or engagement thirdly, a
.:0py OF such release, certified under the hand
and seal of slloh shipping commissioner to be
a true copy, SHALL be given by him TO any mar
ty thereto requiring the same, and sllch copy
shall I've receivab in evidence upon any fTi-
ture question touching such claims as afore-
said, and shall have all the effect Of The orig.
inal OF which it purports to be ac0py; fourth.
~, IN cases in which discharge and settlement
before hipplng-oomlnissIoner are hereby
iNH"tONS IN iNSSllIbt SGttIeIIIGllis vi
discharge otherwise made, shall operate as
evi lence Of the release or satisiaotioi Of any
c'Bim; filthy. nnon payment being made by
4 master before a shipping-oommis ioner, the
shippng-c ssloner shall, il required, sign
AMI give 10 such master statement OF the
whole amount so paid, and such statement
shall, between the master aud his employer,
be received as evi lence thai he has made the
paN mentS therein mentioned
SEC. %. That upop every discourage effected
shal make anil sign, In form markad "E.,'
IN schedule thereto annexed, report Of the
conduct, character, and qua'ifta ions Of The
persons discharged, or may sta Q on sal | form
that he dec ines togive any opinion upon such
partiou'ars, or upon any Of them; and the
commissioner shall keep register Of the
same. and shall, ii desired so to do by any
seamell, give tohim or indorse on his cerlif-
.'ate Of discharge copy Of so much Of such
report as CONCERNS him.
nh