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

to which he would Otherwise have been en-
titled; and every siipBiaiion III any agree
ment Inconsistent win any provision Of This
act, and every sliplla ion by wilch any sea-
man consents 10 abandon his right 20 his
wt,ges In the ease Of the loss OF the ship, ol,
to abandon any right which he may have or
olGain 10 the nature of salyage, shall lie
wholly imperative.
SEC. So. That no right TO wages shall ho
dependent on the earning Of freight by The
ship, and every seaman and apprentice who
would be entitled 10 demand aud receive any
wages If the ship on wisich he has served had
earned freight shall, suijeutte all other rules
of law and condiIio applicable to the case,
be entitled oalaim and recover the same nE
the master or owner In personan, notwiih-
standing that freight las not been carmel:
but in al Ia ;es OF wreck or loss If ship, proof
that he has not eXerted himself to the utmost
tn save The ship cargo, and stores shall bar
his claim.
SEC. SO. That In cases where the service Of
any seaman terminates before he perioi con-
telnpated In the agreement, by reason of the
wreck or loss Of The ship, such seaman shall
be entitled to wages for the time u SERVICE
prior to such termination, but not for any
further period.
SEC. 81 That no seaman orapprentice shall
Ug tUtltlGu W NdgtS lui any DNliN NHtilS
which he m'awftilly refuses or neg e,is Ia
work when required, after the time fixed by
the agreement f'r his beginning work, nor
nniess the court hearing The case O;lerwis0
directs, for any period during which he is
lawfully imprisoned for any oifepse commit
tel by him.
Str.'ssl. That the master or oxndr Of any
shpmaking VOYAGES as hereinhpfore described
in cclnn twelve Of this act, except foreign
.-.1s. hall IN nnnwa
wages within two days after the termination
of The agreement, or at the time such seaman
is discharged, whichever first happens; and
IL the case OF loreign-going ships, within
three days after the cargo has been delivered,
or within five days after the seanan's dis
charge, whichever first happens: and IN all
cases the seaman shall, at the time Of his dis
charge. he entitled TO be paid, on account, y
sum equal 10 one.lourth lart cf the BALANCE
due to him; md every master or owner who
negiectS oil refuses to fiake laAmeEt Ia mar
ner aforesaid without sufficient cause shall
pay TO the scaman a siiIH not exceeding the
aniount of two days pay Tor each Of the days,
not exteetling ten days, during which lay-
ment is DELAYED beyonathe respective periods
af0resai !; and sllch sum shall he recover
alb as wages in any claim made leiurc the
court: Provided. That this section shall not
apply to the masters or owners Of any vessel
Wnpre tlle SetlllHU ID eHlltieu u aluTe III tue
profits Of the cruise or voyage
SEC SB. That any three or more Of the
crew OF any mercqant ship Of the United
States, as described In secti0u twelve Of this
s,lch officer shall thereupon examine the saitl
provisions or water on cause them TO lc eN-
amined, and lion examination stih provisions
on water are found to be of bad quality and
unfit sor use, Or be deficient Id quantity, the
person making such examination shall ,.igniiS
The same III writing to The master OF the ship
and II stch master does not thereupon pro-
vide other proper provisions OF wafer, where
the same can be han, In lieu ofany 70 sisnilled
to be 0fa bad quality and unfit for use or does
not procure the requisite qurnliiy Of any so
signilled to be insufficient in quantity Tor
uses, any provisions or wafer which have been
so signiGed as aforesaid to be Of bad quality
and unfit for use, he shall IN every such case
incur penalty not exceeding one hundred
dollars; and upon every such examination os
aforesaid the officers making on directing the
same shal enter a statement Of the result Of
the examination In the loghOok, and shall
send report thereof to the district Judge Of
the port at which stlch vessel Il bound and
s,ith report shall be received In sytlcnce in
any legal proceedings.
SEC 81. That ii the officer TO swhom any
such complaint as last RIO, esaid Il mat!e certi-
was no rea. enable ground for st,'hNomplainl
each Of the parties SO c0mpatningslall be Il
able to forfeit to the maSer or owner, ont OF
his wages sum not eXceetling one weeks
wages.
cff fat tney ha aclffgp u ossamsn as aaresad
aforesaid TO any consular officer, or naval OF.
1cer Of any ship Of the United states or any
shipping commissioner, against The master
The said master shalt II the ships then at d
y ace where there Is any such olllcer rs afUre
said ST. soon as the service OF the ship will per.
nit, and iflhe ship is not then at such d plic,
50 soon after her first arrival a. slich place a.
the seryice ofthe ship will permit allow sucl
seamen, or any ofthem, to goasllore, CT senc
MIN or them ashore IN proper custody SO thai
he or they may be enab ell TO make such c0m
plalnt- and shall in default ilcur a pcnaAy
not exceeding one hundred dollars.
SEC, 80. That in the followlngrases, iha,
is to say, first, If during voyage4 he allow.
ance Of any OF the provisions Nhiclany sea-
man has by his agreement stipulated f5r is re.
dtcct lexceM In Accordance with any regtl.
lations for reduction by way Oh punishment,
contained III the agreement, and also for any
time during which seaman WilulIy and wi Ii
out sufficient cause refuses or ncglA cts Ia
perform his duty, oris lawfully nnderconhne'
menl tnr Misconduct either on bGiih or on
shorel; secondly, II it is shown that any Of
Such provisions are or have been during the
voyage bad IN quality, and unit Tor use. the
seaman shall receive by way Of 0faompensation
for suoll redubti0n or bad quality according
to the time OF ii, continuance, the following
sums, to be paid 10 him In addition to, and 10
be recoverable as wages. that Is to say: First,
ii his allowance is reduced by any quantity
not exceeding 0ne-thirn of the quantity spec
flied In the agreement, sum not exceeding
iif,y cents tlay; secondly, ii his allowance
Is reduced by more than one-tliird Of such
quantity, a sum nat exceeding one dollar a
dap; thirdly, In respect to sltch bad qua ity,
as aforesaid sum not exteelling one dollar a
day. But ifit be shown to the satisfaction OF
the court before which the case Is tried that
any provisions the allowance Of which has
been reducert, could not be procured or sul-
piled IN sufficient quantities, 0rWere unayoid-
ably injured or lost, and that proper and
equiva ent substitutes were supplied In lieu
thereof ina reasnnab time, the court shall
take silth circumstances into consideration,
and shall mndify or refuse compensation, as
the juftice OF the case may require.
SEC. 40 THAT every ship belonging to a
citizen or citizens OF dhe United Sa. .cs, as des-
cribsd In section Twelve of this act snall be
provided with achest Of fmedicines; and every
sailing-sbip bnund on q voyage across the Al
vi dCiHo vi AtS law ~
or the Cape ofG0od Hope, or engaged IN the
whale or other fsherise, or In Ing shall
also be provided with and canse to be kept, Il
sufficient quantity of lime ca lemon jaice, and
also sugar ard vinegar, or other anu-Atsrbu-
tees as Congress may sanction, to be served
out to every seaman as follows, that Is TO say,
the ms er Ofevery shipas asteforesaid, shall
serve the lime or enlon juice and sugar and
vinegar, to the crew wi hin ten daye after sa
provisions mainly have been served out 10 the
lion of M salt ~ nrovisions ions confines the lime or
lemon juice and sugar daily at the rate of
T. halfan ounce each per day, and the vinegar
weeks al The rate Of halIa pint per week for
each member Of the crew.
sEc. A. That # on any such shiR as nfore-