Wilmington daily commercial., 1872-12-26


GENERAL NATURE-NO. 11al
AN ACT TO authorize the appointment Of shippinR-
commissioners by the several circuit courts OF the
limited States 10 superintend the shipping and
discharge of seamen engaged In merchant ships
belonging 10 the United States and for the further
protection OF seamen.
sEC 49, That ~ any master fails to take such
charge Of the money or other effects Of seaman OF
aunlentlce during YOy age, or To make such entries
m respect thereof or TO procure such atteatRtion to
Hurh entries, or 10 make such payment or delivery
Of any money, wages, OF effects of any seaman or
anprentlce dying during a voyage, or TO give such
account In respect there OF hereinbefore respect-
Iyely directed, ho shall be accountable for the mon
Az wages. and effects Of the seaman or apprentice
~, The judicial circuit court in whose Inrisdlctlon
such port OF destination s situate and shall pay and
Vr the same oiordinglyi and such master
gha In addition for every such Onense, incur a
Atty not exceeding treble the value OF the money
r effects, or, II such value Is not ascertalned not
exceeding two hundred dollars; and II any such
money. wages or effects are not duly paid, deliver
pd and accounted for by the master, the owner OF
inc ilp sha pay, dellN or and recoIu the same
he snail In aiditlon to his liability for the said mon
ey and value incui the same pen lty which ls here
lnbefore mentioned as incurred by the master for
like OGfense; and all money, wages, and effects of
any seaman or apprentice dying during VOYAGE
slil be recoverable in the same courts and by the
same modes Of proceeding by which seamen are en-
ahIed TO recover wages due to them.
SIC 40. That II any such seaman or apprentice
as last aforesaid dies at any place out OF the United
sates leaving any money or effects not on board OF
his ship, the United States consul or commercial
agent at nearest the place shall claim and take
charge of such money and effects; and such officer
shall II he thinks it, sell all any Of such Objects
or any effects Of any deceased seaman or appreu-
tCe doeered to him under the provisions Of this
rct and s'hall quarterly remit to the Judge of the
strict court OF the port fr which such ship sail
ed or the port where the voyage terminates all
moneys belonging to or arising from the sale of the
effects or paid as the wages OF any deceased seamen
or appr' nices which have come 10 his hands under
the provisions hereinbefore contained, and shall
render such accounts thereof as the district Judge
requires.
SEC 47. That whenever any seaman or appren-
tCe dies In the United StateH and is at the time OF
his death entitled TO claim from the master or own
er Of any ship In which he has served any unpaid
wages or effects such master owner snail pay and
duiyer. on account for the same, TO the shipping
commissioner at the port where the seaman or ap.
prenti was discharged, or was TO have been dis
sEC 49, That every shipping. commissioner in the
United Stated shall, wi hin one week from the date
VI receiving any such money, wages, or effects OF
auy:heceased seaman or apprentice, pay, remit, or
deliver to the circuit court Of the circuit In which
Resides. the said money, wages, or effects, subject
to such deductions as may be allowed by the circuit
court for expenses incurred 10 respect TO said mon
ey and effects; and should any commissioner fail 10
paw remit, and deliver TO the circuit court within
the time herenbefore mentioned, he shall incur a
penalty not exceeding treble the amount OF the val
ue oi such money and effects
SIC. 49, That II the money and effects Of any sea-
man or apprentice paid, remitted, or delivered to
the circuit court, including the moneys received for
any part OF said effects which have been sold, either
before delivery TO the circuit court by Its direc-
tUns, do not exceed in value the sum Of three hum
dred dollars, then subject TO the provisions herein
after contained, and TO all such deductions for ex-
penses incurred In respect to the seaman or ap-
prentice, or OF his said money and effects az the
said court thinks nc to allow, the said court may, II
II thinks t to do pay and deliver the said m0ney
and effects either 10 any claimants who can prove
themselves to the satisfaction of the court either to
be his widow or children or TO be entitled TO the eff
ects Of the deceased under his will, f any,) un-
der the statute for the distribution OF the effects OF
ntestates or under any other statute, at common
law, or to be entitled to procure probate or take
lpttpra nj
though no probate or letters of administration or
confirmation have beenltaken outand shall be there
by discharged from all further liability In respect of
the money and effects 80 paid and delivered, or
may, II thinks fit 80 to do require probate or let
tcrs VI administration or confirmation, to be taken
Out, and thereupon pay and deliver the said money
and effects to the legal personal representatives OF
the deceased; and II such money and effects exceed
in value the sum or three hundred dollars then sub
ec TO deduction for expenses, the court shall pay
and deliver the same TO the legal personal represen-
tatives of the deceased.
SIC. 80. That in cases of wages or effects of de-
CEASED seamen orapprentlces received by the circuit
cours,to which no claim Is sHbstantlated within six
years aiter the receipt thereof by any OF the said
courts, It shall be In the absolute discretion Of any
Of such courts, II any subsequent claim is made,
either TO allow or refuse the same and each of the
respective courts shall, from time to time pay any
moneys arising from the unclaimed wages and ef-
fetts OF deceased seamen which, in the opinion of
such court II is not necessary TO retain for the pnr
pose OF satisfying claims, into the treasury OF the
hited States, which moneys shall form fund for,
aud lie appropriated to the relief of sick and disable
AMI destitute seamen belonging 10 the United States
merchant marine service
DISCIPLINE OF sEAMKN.
SIC. 81. That whenever any seaman who has been
lawfully engaged, or any apprentice TO the sea
wee, commits any OF the following OGenses, he shall
he liable to be punished as follows, that is 20 say:
nrst, for deferton, he shall be liable TO imprlson-
mrnt for any period not exceeding three months,
aud also TO forfeit all or any part OF the clothes or
ELECTS he leaves on board, and all any part of
The wages or emOluments which he has then earned;
secondly, for neglecting and refusing, without rea
slhahe cause 10 Join his ship or TO proceed TO
IN his ship, or for absence without leave at any time
within twenty-fOur hours OF the ships sailing from
any port, either at the commencement or during the
pugress OF any voyage, or for absence at any time
Without leaYe, and without Sufficient reason from
MS snip or from his duty, sand amounticg To deser
t1 or not treated as such bv the master, he shall
be liable TO Imprisonment for any period not ex-
Cttilng one month, and asoat the discretion of the
court to forfeit out OF his wages not exceed
T eVePy W. onr bonTs ps p ence sse m etbeT
sum not exceeding six days pay, or any expenses
WIlyh have been properly incurred in hiring sub
hllue thirdly, for quitting the ship without leave
after her arrival at her port OF delivery, and before
sht ~ placed In security he shall he liable to forfeit
out 0t his wages sum not exceeding one months
pay fourthly for wlilfu dsObedlence to any lawful
C1nlnand,he shall be liable to imprisonment for any
prrlud not exceeding Two months, and also, at the
discretion OF the court, to forfeit out OF his wage
sun not exceeding four days pay; 1fthy, for con.
thued wfnl disObedlence to lawful commands, or
1hthueu willful neglect of duty he shall be liable
" WlhpHsOnment for any period not exceeding six
hlnls and also, at the discretion OF the court, to
i0ieiL for every twenty-four hours continuance OF
hu'h dlsobedlence or neglect, either sum not eX-
Vttuhg twelve days pay, or any expenses which
nave been properly incurred in hiring Substitute
sAthy, Tor assaultiDg any master or mate he shall
,7 able TO imprisonment for any period no exceed
i!g lwO years; seventhly, for combining with any
u.loI or others OF the crew TO dsobey awful COM
iuaiis OF 10 neglect duty, or TO impede navigation
VI 'he SNIP or the progress OF the VOYAGE he shall
r HaAle TO Imprisonment for any period not exceed
,s we've m0nthsi eighthly for wi fully damaging
lhr shlp or embezzling or wlilfuy damaging any or
i.' stores or cargo, he shall be liable to forfeit out
W hls wages a sum equal In amount to the loss
,euy sustained, and also, at the discretion ef the
utii 10 imprisonment for any period not exceed
I.g We've months; ninthly, for any act OF SNUG
t'ng OF which he is convicted, and whereby loss or
"'lagh y occasiOned 10 the master or owner he
snalI ne liable 10 pay such master or owner such a
sll ts Is sufficient to reimburse the master OF own
'W sucn lOss or damage, and the whole or any
inl Oh MS wages may be retained in satisfaction or
uI account OF such liability and shall also be liable
w. mnprlsonment for period not exceeding twelve
81 81 That upon the commission of any of the
",tlses enumerated In the last preceding section,
pn nVhlry thereof shall be made In the 0fiica log
HyN' aI'l shall be signed by the master, and also
Y Wy mate. or one of the crew; and the offender,
@ s'll III the ship, shall, fore he next subsequent
stNal OF The ship at any port or II she ls at the
Huf IN port, before her departure lherefrOm either
p' iurnshed with copy OF such entry, or have the
1n'L' Ieau over Distinctly and audiby TO him, and
Way thereupOn made such reply thereto as he thinks
!, anu statement that copy of the said entry
'a oeen so furnished or that the same has been 30
tHu over as Aforesaid, and the reply Qf any made
y he offender, shall likewise he entered aud signed
~ llahner aforesaid; and in subsequent legal pro-
cllngs the entries hereinbefore required shall, II
n,dgllcable, he produced or prOved and In default
VI such production or proof, the court hearing the
IaSe may at iLs discretion, refuse TO receive evil
Htllce OF the offense
oBc o., That whenever, either at the commence
micn or during the progress OF any voyage any sea
Fraffn tn fnt in nr "A