Wilmington daily commercial., 1872-12-23
oEFIuiAL.
LAWS or THE UNITED STATES
IL IL -.
GENERAL NATuRE-No. 11a.l

ftfEhEKAI NATukk-NO. ISL
AN ACT to authorize he appointment OF shining
comu fasteners by the several circuit courts Of the
United states TO superntend the shipping and
discharge OF seamen engaged IN merchant ships
DeOnging TO the United Stateh anu Tor the further
protection OF seamen.
FBc 19 That the following rules shall he obtervt
" tn respect TO agreements: Frs, ev, ry agreement
n yrept in such cases agreements al are herein-
ater ~ cialy provided fOi) shall ba signed by each
seaman In the resence Of shipping commission
lr; secondly, when the crew Is first engaged the
agreement shall be signed In duplicate, and one part
snaf be retained by the shpplng- commissioner and
the other part shall contain a special place or form
for the description and signatures OF persons enga-
tl subsequently, 10 the first departure OF the ship
and shall be delivered 10 the MASTER thirdly, every
agreement entered iHto before shipping commits
sloner shall be acknowledged and certified under 1e
hand and ofncial seal OF such commissioner and
shall be endorsed on or annexed to such agree
ment, and such certificate OF acknowledgment shall
be in form and manner following, to wit:
"State Of -, county OF -:
"on thls-- day of -, personally appeared
said county, A. B,, q, ID and g. r., severay known
to to be the same persons who executed the ore
edged to me that he had road 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 In state OF intOxica
on, he signed II freely and voluntarily for the uses
and purposes therein mentioned"
SEC a. That irst II any person shall be carried
to as one of the crew on board OF any ship max
ing voyage as herelnhefore specified without en-
tering into an agreement with the master OF said
times hereby In such case required, the ship shall be
held liable, and for each such Offense shah incur
penalty not exceeding two hundred dollars: trout
de dcags, That the ship shall not he held liable for
any person carried 10 B. who shall have secretly
stiwed away himself without the knowledge Of cap
tain, mate or any OF the officers OF the ship, who
shall have falsely personated hims II to the captain
mate or officers Of the ship for the purpose OF being
carried 10 sea- secondly, II any MASTER mate, or
other oficer Of ship knowingly reeevesO accepts
to be entered on board OF any merchant ship any
seaman who has been engag d or supplied contrary
To the provisions or this act, the ship on board OF
which such seaman shall be found thall, for every
such seaman be liable TO and incu- penalty of q
hoioeuer, That In case OF desertion or OF casually
resulting In the loss Of one or more seaman, the
master my ship number equal TO the number OF
whose services he has been deprived by deBeril0n
or casualty, aud report the same 10 the United
ates consul at the first port at which he shall ar
rive, without incurrng such penalty.
SIC 10 That every master OF g merchant ship Of
the United ties who engaged any seaman a.
place out Of the United tates, In which there is g
consular officer or commercial agent. shall before
carrying such seaman TO sea, procure the sanction
Of such ofcer, and shall engage seamen before such
officer; and the same rules as are hereinbefOre
tanned with respect to the engagement OF seamen
before shipping commissioner In the United States
shall apnly 10 ,uch engagements made before c. n
lar enl1er or commercial agent shall endorse upon
tile ar, eInent his sanction thereof, ana attesta-
tlon to the effect th I the same has been signed In
his presence and otherwise made az hereby reuuir-
ed; and every master who engages any seaman In
any place in which here Ia consular Officer or
commercial agent 9th rwlse than as hereinbefore
required shall incur penalty not exceeding one
hundred dollars, for which penalty the ship shall he
he d able; and all such engagement SO made shan
be void, and the seamen so engaged shall be enti led
10 recover the highest rate of wages OF the port
rom which the seaman was shipped.
SEC 10. That all stlpuations for the allotment Of
any part Of the wages Of a seaman during his alb
f. nee which are made at the commencement OF the
vyage shal be inserted In the agreement and shall
sale the amounts aud times Of the payments TO be
made. and the persons to whom such payments are
To be made.
SIC. H. That no advance of wages shall be made
AlVlnHR 9agnrtFV l. any kut N ha
seaman, himself, or TO his wife or mother; and no
advance OF wages shall be made,o advance security
gwen, unless the agreement contains stipulation
for the same, and an accurate statement of the
amount thereof; and no advance wages or advance
securl shall be given to any seaman except in the
presence Of the shipping commissioner.
SEC. is. That II any advance of wages Is made or
advance security given to any seaman In such man
ner as TO constitute breach OF any OF the above
provisions, the wages of such seaman shall be re-
covered by him as II no such advance had been
made or promised; and in the case Of any advance
security so given no person shall be sued thereon
unless he was party to such breach.
SIC. 10. That whenever any advance security is
discounted for any seaman such seaman snail sign
OF set his mark 10 receipt dorsed the security,
stating lne sum actually paid or accounteu for to
him 10y the person dscOunling the same; and II the
seaman sails In the hip from the port OF departure
mentioned In the security, and Is then duly earning
his wages, or is previously discharged with the con-
sent OF the master, but not otherwise, the person
discountinR the security may, ten days after the
nnal parture Of the ship from the aaid port Of de-
pafture mentioned IN the security, for and re-
cover the amount promised by the security, with
costs, either from the owner or from any agent who
has drawn or authorized the drawing OF the securi-
iy, In any Justices other competent court; and
In any such proceeding II shall be sufficient for such
person to prove the security vas given by the owner
" master, or some other au horzed sg mt and that
the same was discounted to and receipted by the
seaman, and the seaman shall be presumed to have
sailed In the ship from such port as Aforesaid, and
70 De nuly earning mis- wages, uhless the contrary Is
proved.
Sri 2O That the master shall, at the commence
mcnt OF every voyage or engagement cause egi-
bic copy OF the agreement (Omitting signatures) to
be pced or posted up In such par of the ship as TO
be accessible TO the crew. and default sh4ll, for
eaeh 0nense, incur penalty not exceeding one
hundred dbl RS.
SEC. a. That any seaman who has signed an
agreement and is afterwards discharged before the
commencement OF the voyage or before one months
wages are earned, without fault or his pait justify
Ing sneh discharge and without his consent, shall
be cn led TO receive from the master or owner, In
Aidltl II 10 any wages he may have earned, sum
tqlal In amount 70 one months wages as eompen-
sAtion, as may, on adducing such evidence as the
conlt hearing the case deems satisfactory of hav-
ing been so improperly discharged as aforesaid, re-
earned
SEC. % That all seamen discharged in the United
States from IN reliant ships engaged in voyages as
described inssectOn twelve OF this act shall be dis
charged and receive their wages In the presence OF
aInly authorized shipping ng-commissioner under tins
hv exec. in cases where some competent court
otherwise directs: and any master or owner OF any
suIn ship who discharges any such seaman belong
lR thereto, or, kept as Aforesaid pays his wages
within the United States In any other mauner, shall
Incur penalty not exceeding nifty dollars.
AEC, %. That every master shall, not less tnan
lury-elght hours before paying OIL or discharglng
any seaman, deliver TO him, or II he is TO be dis
charged before a hlpping-commissloner TO such
s"pplngcOmmsslOu'r full and tlde account OF
LIS wages, and all d. ductlOns to he made thererom
"a any account what ,Ver and in default shal, Tor
'atl 0Heuse, incur a penalty not exceeding nfty
ulllatsi ami no deduction from the wages OF any
seaman Except in respect OF any matter happening
her sueh delyery) shall he allowed unless IL s In
ultd IN the account delivered: and the master
shtI, during the voyage, enter the various mattert
h frsl cct 10 which such deductions are made, with
u'' amounts OF the respective deductions aa they
og'r In book to be kept for that pnl pose, 10 be
called the "Onclal LOg-boCk," az hereinafter Pr0Vl-
IT. and shall, II required, produce such book a.
ne time OF the payment OF wages, and, also, upon
a'le hearing, before any competent authority OF
ln'nt
Sc "a. That upon the discharge Of any seaman,
ot upon payment OF his wages the master shall sign
ana give him certificate of discharge, specifying
tNnperod OF his service and the time aud place OF
" llseherge, in the form hereto annexed, marked
vi ard II any master fails to sign and give TO any
slch seaman such certificate and discharge he shall
~, eAt such Ohense, incur penalty not exceeding
nifty dollars: FTOUidpi That the provlsO annexed to
ctOn twelve, which applied to masters OF vessels
lg ging seamen uGder that provlso, shall also ap-
ny To such masters OF vessels In the discharge OF
srilnen.
sEC. g. That eveiy shippng-commssioner shall
Y ar and decide any question whatever between
lliste cOnsignee, agent or owner, sand any OF MS
ew, which both parties agree In writing TO submit
!! him; and every award so made by aim shall be
binding on both pal ties, and SHALL In any legal pro
GO dngs which may he taken In the matter, before
any court of JUSTICE be deemed to be Conclusive al
70 the rights OF parties, ana any document purpOrt
ING TO be underline hand Pnd official seal OF com
missioner, such submission or award shall be prrma
evidence