New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-20
belonging to the United States merchant
marine service.
plsCTpLINE a. sEAMEN.


DISCIPLINE OF sEAMEE.
SEC. 81. That whenever any seaman who
has beer lawfully engaged, or any appren-
tee TO the sea srrvice, commits any of the
following otfenses, he shall be liable to be
punished as follows, that is to say: first, for
desertion, he shall beliable to Imprisonment
for any period not exceeding three months
and also to forfeit all or any part Of the
clothes or effects he leaves on board.
and all or any part Of the wages or emoI-
uments which he has then earned; second
ly, for neglecting and refusing, without
reasonable cause, to join his ship, or to pro
coed TO sea in his ship, or for absence with
out leaye-at any time within twenty-four
hours Of the ships sailing from any port,
either at the commencement or during the
progress Of any VOYAGE or for absence at
any time without leave and without sufi-
Gent reason, from his ship, or from his
duty, not amounting to desertion, or not
treated as such by the master he shall he
liable TO imprisonment for any period not
exceeding one month, and also, at the dis
cTetlun OF the court, to forfeit out of his
wages sum not exceeding the amount Of
two days pay, and, in addition, for every
twenty-tgur hours Of absence, either sum
not exceeding six days pay, or any ex-
penses which have been properly incurred
IN hiring substitute; thirdly, for quitting
the slip without leave after her arrival at
her port Of delivery, and before she is
placed N security, he shall be liable to tor
felt out Of his wages a sum not exceeding
one months pay; fourthly, for willful
dis0bedieuce to any lawful command, he
shall be liable to Imprisonment for any pc
riod not exceeding two months, and also,
at the discretion Of the court, to forfeit out
OF HE wages a sum not exceeding four days,
pay; filthy, for continued willful diaobe-
dienCe to lawful commands or continued
wil!ful neglect of duty, he shall be liable
to lmpriS0nment for any period not exceed
ing Six months, and also, at the discretion
of the court, to forfeit, for every twenty
four hours continuance of such disObedi-
ence or neglect, either sum not exceeding
twelve days pay, or any expenses which
have been properly incurred in hiring
substitutes; sixthly, for assaulting any
master or mate, he shall be liable to impris-
onment for any period not exceeding two
years; scycnthly. for combining with any
other or others Of the crew to disObey lawful
commands or to neglect duty, or to impede
navigation Of the ship, or the progress of
the voyage, he shall be liable to imprison-
ment Tor any period not exceeding twelve
months; eighthly, for willfully damaging the
chip or embezzling or willfully damaging
any Of the stores or cargo, he shall be liable
to forfeit out of his wages sum equal in
amount to the loss thereby sustained, and
also, at the discretion of the court, to i'm |
prisonment for any period not exceeding |
twelve months; ninthly, for any act of
smuggling OF which he is convicted, and |
whereby loss or damage is occasioned |
to the master or owner he shall be |
liable to pay such master or owner such |
a sum az is sufficient to reimburse the |
master or owner for such loss or dam
age, and the whole or any part Of
his wages may be retained in satisfaction |
or on account of such liability, and shall |
also be liable to imprisonment for period |
not exceeding twelve months.
SEC. 50. That upon the commission Of any
of the otfenses enumerated in the last pre-
Ceding section an entry thereof shall be
made III the official log book, and shall be
signed by the master and also by the mate
or one OF the crew. and the offender, if still
in the ship, shall, before the next subsc-
quent arrival of the ship at any port or if
she Is a the time in port, before her de-
parture therefrOm, either be furnished with
a copy Of such entry, or have the same
read over distinctly and audibly to him,
and may thercupon make such reply thereto
as he thinks tit; and a statement that a
copy OF the said entry has been so fur
nshed or that the same has been so read
over as aforesaid, and the reply (if any,
made by the offender, shall likewise be
entered and signed in manner aforesaid;
and in any subsequent legal proceedings
the entries bcreinbe required shall, if
practicable, be produced or proved, and in
default OF such production or proof. the
court hearing the case may, at its discre-
ton, refuse to receive evidence of the Of
tense.
SEC So That whenever, either at the conf
mencement or during the progress of any
voyage, any seaman or apprentice negleCts
or refuses to Join, or deserts from or refuses
to proceed to sea in any ship in which he is
duly engaged to serve, or isa@ound other
wise abscnting himself thereff6m without
leave, the master, or any mate, or the
owner, or cOnsignees or shipping commits
siOner, may, in any place in the United
States, with or without the assistance Of the
local public officers or const ables, who are
hereby directed to give their assistance il
required, and also at any out Of the United
States, II and so far as the laws III force at
such place Will permit, apprehend him
without first procuring warrant, and may
theIeup6n, in any case, and shall in case lie
SO requires, and it is practicable, convey
him before any court of justice or justices
of any State, city, town, or county, within
the United States capable of taking cog
nizance Of Otfenses of like degree and kind
Of the matter, to be dealt With according to
the provisions hereinbef0re contained in
reference to such cases; and may for the
purpose of conveying him before such court
of justice, detain him in custody for a pc
ROD not exceeding twenty-four hours, or
shorter time, as may be necessary, or may,
if he does not so require, or if there is no
such court at or near the place. at
once convey him on board and if such
appears to the court Of {
justice before which the case is brought to
have been made on improper or on INSULT !
Gent grounds, the master, mate, consignee
Or shipping commissioner who makes the {
same, or causes the same to be made, shall {
incur penalty not exceeding one hundred
dollars but such penalty, if inflicted, shall '
be bar to any action for false imprison- I
ment 8
SEC. 81. That any master of, or any sea S
nan or apprentice belonging to, any meI- a
chant ship who, by wiIlful breach of duty,or a
who, by reason Of drunkenness, does any act Q
tending to the immediate loss, destruction )
y serious damage to such ship, or tending
to endanger the life or limb of I
my person belonging to or on board of such '
ship, or who. by willful breach of duty, or I
lT neglect of duty, or by reason of drunk 4
enness, refuses or 0mits to do any lawful s
vet proper and requisite to be done by him j
or preserving such ship from immediate s
oss, destruction or serious damage, or for Il
preserving any person belonging to or on p
BOARD of such ship from immediate danger C
o life or limb, shall, for every such offense, g
20 deemed guilty of misdemeanor, and =
hall be liable to Imprisonment for period !
lot exceeding twelve months. II
SEC. SIS. That all clothes, effects and wages "
which, under the provisions of this act, 0
re forfeited for desertion, shall be applied, !
Il the first instance, in payment of the ex- II
occasioned by such desertion to the G.
MASTER Or owner of the ship from which the q
Lesertion has taken place, and the balance