New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-08

. competent court otherwise directs: and on,
~ master or owner OF any such ship who diS
= charges any such seaman BELONGING tbar as
~ or, except as aforesaid pays hfs 1yacts5,
= within the United States Ill any other nan
7 ner, shall incur a penalty not exceedin q
: fifty dollars.
Sec. 90 That every master shall, not less
! than forty eight hours before paying off or
= dlscharging any seaman, deliver to him. or
. II he Is to be discharged before a shipping
= commissioner, to such shipping com,
missioner, a full and true account of his
. | wages, and all deductions to be made there
+ from on any account whatsoever; and in
default SHALL for each otfense, incur pen
atty not exceeding fifty dollars and no
: deduction from the wages of any seaman
) Except III respect of any matter happening
+ after such delivery shall be allowed, un-
less 1t is included liz the account delivered {;
and the master shall, during the voyage,
enter the various matters in respect to
which such deductions are made, with the
amounts of the respective deductions as
they occur, III book to be kept for that
purpose, to be called the "Offfcial Log
book" as hereinafter provided, and shall
II required, produce such book at the time
OF the payment of wages, and, also. upon
the hearing before any competent auth0ri-
ty, OF any complaint or question relating to
such payment.
SEC. "a. That upon the discharge of anv
seaman, or upon payment of his wages, the
master shall sign and give HIM a certificate
OF discharge, specifying the period of his
service and the time and place of his dis
charge, in the form hereto annexed, marked
"E;D and If any master fails to sign and
give 10 any such seaman such certificate and
discharge, he shall. for each such otfense in
cur penalty not exceeding fifty dollars
| provided, that the pr0viso annexed to ser
| ton twelve, which applies to masters of
vessels engaging seaman under that proviso,
shall also apply to such masters Of vessels
| III the discharge of seamen.
! Sec. IS. That every shipping commits
! sloner shall hear and decide any question
| whatsoever between a master, cOnsignee.
| agent, or owner, and any of his crew, which
| both parties agree in writing to submit to
| him; and every award so made by him
| shall be binding On both parties, and shall.
IN any legal proceedings which may be
taken IN the matter, before any court of
Justice, be deemed to be conclusive as to the
| rights of parties, and any document Dur
porting to be under the hand and official
seal OF commissioner such submission
or award shall be prima facie evidence
thereof.
SEC. 70. That in any proceedings relating
to the wages, claims, or discharge of any
seaman, carried on before any shipping
commissioner, under the provisions Of this
act, such shipping commissioner may call
upon the owner, or his agent, or upon the
master, or any mate, or any other member
OF the crew, to produce any log books. pa
pers, or other documents in their respective
possession or power, relating to any mat
ter In question in such proceedings and NAV
call before him and examine any of such
persons, being then at or near thanplace. on
any such matter; and every owner, agent,
master mate, or other member of the
crew who, when called upon by the ship
ping commissioner, does not produce any
such books, papers; or documents as afOre-
SAID, II IN his possession or power, or does
not appear and give evidence, shall, unless
he shows some reasonable cause for such O.
default, for each otfense incur a penalto- NOT
exceeding one hundred dollars, and on
application being made by the shipping
commissioner, shall be further punished in
the discretion OF the court, as in other cases
OF contempt of the process of the court.
SEC. u. That the following rules shall be
observed with respect to the settlement of
wages, that Is to say: First, upon the com.
pletlon, before shipping commissioner. of
any dlscharge and settlement, the master
or owner and each seaman respectively. in
the presence OF the shipping commissioner.
snail sign amutual release of all claims for
wages IN respect of the past voyage or en-
gagement, and the shipping commissioner
shall also sign and attest it, and shall re-
tam 1t IN book to be kept for that mr.
pose; provided, that both the master and
seamen assent to such settlement. or the
s9ttlenent has been adjusted by the
shipping commissioner; secondly. such re-
tease SO signed and attested shall operate
as mutual discharge and settlement of all
demands Tor wages between the parties
u tIneteto, on account OF wages, in respect of
the past voyage or engagement; thirdly.
copy OF such release, certified under the
mana and seal OF such shipping commits
s!onef TO De true copy, shall be given bv
nlm TO any party thereto reuuiring thpo
same, and such copy shall be receivable in
upon any future question touch
a% such claims as aforesaid and shall have
III Ine eHecC OF the original of which ii
14tPofts TO be copy; f0urthly, in cases in
HHlcn discharge and settlement before a
shipping commissioner are hereby required
10 payment, receipt, settlement or discharge
made, shall operate as evidence
= III I1e felease or satisfaction of any claim
nthly, upon payment being made bv a
4asGef before shipping commissioner. the
!nlPPlnS commissioner SHALL if required
~ Lane, ana give to such master statement
~ the whole amount SO paid. and sneh
tatement shall, between the master and
rs olhployef, be received as evidence that
toned. Vno loAA AIon
DEC; 70. That upon every DISCHARGE e.
ected before shipping commissioner the
= T5 sHdiL make and sign, in form mark
or+ IL ~ - 'cnelule thereto annexed, a re-
e SAlftI dCltt and quail
caCons OF the persons diseharced ~. nav 50
UaVe on SAID form that he declines In Give
pinlon upon such particulars, or mon onT
| theln; ana the commissioner shalt lreaY,
eglster OF the same, and shall, if desired NJ .
40 Dy any seaman, give to him or indorHs,2
his certificate OF discharge a copy of En-
iuch OF such report as concerns him.
SEC. ~. That every seaman, being a FIR.
Lgner, who declares his intention of be.
omlng citizen Of the United States in snv
1mpetent court, and shall have served fhree
ears on board OF merchant ship or ships
I the United States subsequent to the date
such declaration, may, on his appIiea-
on 10 any competent court, and the pro.
uctlon OF his certificate of DISCHARGE and
ood conduct during that time, together
I'm The certificate of his declaration Of in
'nblon 10 become a citizen, be admitted
tlzen OF the United States: and every sea.
an, oelng foreigner, shall, after his de-
dtaelon OF intention to become a citizen of
10 united States, and shall have served
lree years, be deemed a citizen of the
nlGed states for the purpose of manning n
IA I serving on board any merchant shin in
- United States, anything to the contrary
any previous act OF Congress notwit6-
anding; but such seaman shall for all mr.
Uses OF protection as an American citizen. be
,emed such, after the fling Of his decIara.
"a Oh 4, lhte en- to become such citizen,
DEC. 81: mat seamans right to WAGES
10 provisions shall be taken to commence
Iher al the time at which he commences
oIh' OF al the time specified in the agree
GU 1oE MS commencement of work or