New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-12
NEW ORLEANS REPUBLICAN, SATURDAY OCTOBER r. 1872.


to beRurnished to each seaman; seventhly,
any regulations as to conduct on board, and
as to lines, short allowance of provisions.
or other lawful punishment for misconduct
as may be sanctioned by Congress as reg
ulations proper to be adopted, and which
the parties agree to adopt; eighthtv, any
stipulations in reference to advance and
allotment of wages, or other matters not
contrary 10 law provided, that Whenever
the master Of any vessel shall engage his
crew, or any part OF the same, in any Gus
toms district where no shipping commits
sioner shall have been appointed dnder sec
ton one of this act, he may perform fer him
self the duties oil such commissioner, in like
manner as is provided by the proyiso of
section eight of this act; provided further,
that this section shall not apply tC masters
of vessels where the seamen are by
custom or agreement entitled tVpartiCipate
in the profits or result of a cruise or voyage
nor to masters of cGastwise nor to masters
of lake-gOing vessels that touch at foreign
ports: but seamen may, by agreement,
serve on board such vessels definite time.
or on the Teturn Of any vessel to port in
the United States may reship and sail in
the same yes sci on another voyage without
the payment of additional fees to the ship
ping-commissioner by either the seanen or
the master.
SEC 49, That The following rules shall be
observed with respect to agreements: First,
every agreement Except in such cases of
agreements as are hereinafter specially pro-
vided f0r) shall be signed by each seaman
in the presence of q shipping commissioner;
secondly when the crew il first engaged
the agreement shall be signed in duplicate,
and one part shall be retained by the ship
ping. commissioner, and the other part shall
contain special place or form for the de-
scription2 and signatures Of persons engaged
subsequently to the first depart ure OF the
ship, and shall be delivered to the master;
thirdlyo every agreement entered into be-
fore shipping commissioner shall be ac-
knOwledged and certified under the hand
and official seal of such commissioner. and
shall be. Endorsed on or annexed to such
agreement, ana such certificate Of acknowl-
edgement shall be in form and manner fol-
lowing, to wit:
estate Of. county of 60:
"On this .--- day Of - personally
appeared before me, shipping commits.
sioEeIoin and for the said county, A. b. Z.
D. and T.. F., severally known to me to be
the same persons who executed the forcgo-
ing instrument, who each for himself &c
knQwledged to me that he had read or had
heard read the same; that he was by me
made acquainted with the conditions
thereof, and understood the same, and that
while sober and not iB state Of intoXica-
ton, he signed it freely and voluntarily. for
the uses and purposes therein mentioned"
SEC. IA. That. first, if any person shall be
carried to sea as one Of. the crew on board OF
any ship making a voyage as heroinbafore
specified without entering into. an agree
ment with the master OF said ship in the
form and manner and at the place and times
hereby in such cases required the ship shall
be held liable. and for each such otfense
shall incur penalty not exceeding two
hundred dollars: provided always, that the
ship shall not be held liable for any person
carried to sea who shall have sccretly
slowed away himself without the knowI-
edge of captaino mate, or of any Of the Off
GERS of the ship, or who shall have falsely
persOnated himself 80 the captafno mate, or
officers of the ship fog the purpose OF being
carried to- sea- secondly If any HIastero
mate, or other officer OF ship knowingly
receives, or accepts to be entered On board OF
any merchant ship, any seaman who has
been engaged OF. supplied contrary to the
provisions of this act, the ship on board Of
which such seaman shall be found shall, for
every such seaman, be liable to and incur
penalty of a sum not exceeding two hun
dred dollars; provided further, that in case
Of deseTtiOD, or Of casualty resulting i'll the
loss OF one or more Seameu, the master may
ship q number equal to the number OF
whUse services he las been deprived by de
sertion or casualty, and report the same to
the United States consul at the first port at
which he shall arrive. without mourning
such penalty.
SEC, Is. That every master of q merchant
ship Of the United States who engages any
seaman at place outof the United States,
in which there is a consular officer or com
nercial agent, shall. before carrying such
seaman to sea, procure the sanction of such
officer, aud shall engage seamen before
such officer; and the same rules as ere
hercin5etore contained with respect TO the
engagement of seamen before a shipping
commissioner in the United States shall
apply to such engagements made before
consular officer or commercial agent: and
upon every such engagement the consular
officer or commercial agent shall ini0ISG
upon the agreement his sanction thereof
and an attestat ON to the effect that the
same has been signed in his presence, and
otherwise made as hereby required; and
every master who engages any seaman in
any place in which there is d consular Off
Ger or commercial agent otherwise than as
hereinbefore required, shall incur penalty
not exceeding one hundred dollars, for
which penalty the ship shall be held liable;
and all such agreements so made shall be
void, and the seanlen SO engaged shall be
entitled t0reg0ver the highest rate Of wages
Of the port from which the seaman Was
shipped.
Sec Is. That ali stfpu7at9ons for the Al.
lotment of any part Of the wages Of sea.
man during his absence which are made at
the commencement of She VOYAGE shalt be
inserted In the agreement and shall state
the amounts and times of the payments to
be made, and the persons to wd0m sGcl
payments are to be Iuadeo
Sec. 10 That no advance OF Wag ss shalt
be made or advance security given to any
person but to the seaman himself or TO his
wife or mothers and no advance of wares
shall be made, or advance security giVeno
unless the agreement contains a stipulation
for the same and an ssccurace statement sf
the amount thereof: and no advance wages
or advance security shall be given to any
except In the presence OF size ship
ping cOmmI5e lOneTo
Sec I8o That if any advance IN wages IS
made or advance security given to any seao
man IN any such manner as to constitute d
breach OF any of the above provisions the
wages OF such seaman shall be recoverable
by hinP as # no such advance had been made
Or promised and in the case Of any ad.
vance security so given no person shall be
sued thereon unless he %as q party to such
3feacho
SEC. 49, That whenever any advance So.
ourity is discounted ior any seaman. such
seaman shall sign or set bis mark. to a re.
,@ipt Endorsed on the security, stating tho
sun! actually paid or accounted Cor to him
Dy the person disconnting the same: and if .
he seaman sails in the ship from the port Of !
departure mentioned in the securityo and is
hen duly earning his wages, or is previously .
discharged with I'll" consent of she master.
out not otherwise the person ulscountiDg the |
security mayo ten days after the final tiepar. !
nre Of the ship from Che said post of depart.
Il - i
'ecover She amount promised by the Sc.
.uritE. with costs. aifhar from lie m1suar |