New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-09

| competent court otherwise directs; and aav
master or owner of any such ship who dis
| charges any such seaman belonging thereto
| or, except as aforesaid, pays his wagaa
| within the United States In any other man
| ner shall incur a penalty not exceeding
| fifty dollars.
SEC. % That every master shall, not less
than forty eight hours. before paying OF or
discharging any seaman, deliver TO him or
II he is to be discharged before shipping
commissioner, to such shipping com
missioner, 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 in respect of any matter happening
after such delivery shall sbe allowed, IN
less it is included in 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 az
they occur, in a book to be kept for that
purpose, to be called the Official Log
book" as hereinafter provided, and shall,
if required, produce such book at the time
of the payment of wages, and, also, upon
the hearing, before any competent authUri-
ty, OF any complaint or question relating to
such payment.
SEC. "A. That upon the discharge of any
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" b = and if any master fails to sign and
give to any such seaman such certificate and
discharge, he shall, for each such offenga, in
cur penalty not exceeding fifty dollars
provided, that the proviso annexed to sec
ton twelve, which applies to masters of
vessels. engaging seaman under that proviso,
shall also apply to such masters of vessels
i'll the discharge of seamen.
Sec. 25. That every shipping c51nmis-
sioner 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 NAV be-
taken in the matter, before any court of
Justice, be deemed to be conclusive as to-the
rights of parties, and any document pur-
porting to be under the hand and official
seal of a commissioner, such submission
or award shall be prima faeie evidence
thereof.
SEC. 26 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 cali
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 i'll 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 the place, 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 atorea
said, II in his possession or power, or does
not appear and give evidence, shall, unless
he shows some reasonable cause for such a
default, for each oftense incur a penalty 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
with respect to the settlement OF
wages, that is to say: First, upon the COM
pteton, before a shipping commissioner, OF
any discharge and settlement, The master
or owner and each seaman respectively, in
the presence OF the shipping commissioner, I
shall sign mutual release Of all claims for
wages i'll respect of the past voyage orSn-
gagement, and the shipping commissioner
shall also sign and attest it, and shall re-
pose; provided, that both the master and
seamen assent to such settlement, or the
settlement has been adjusted by the
shipping commissioner; secondly such re-
lease so signed and attested shall operate
as mutual discharge and settlement of all
demands for wages between the parties
thereto, on account of wages, in respect Of
the past voyage or engagement; thirdly,
copy OF such release, certified under the
hand and seal OF such shipping commits
sIOner to be a true copy, shall be given by
him to any party thereto requiring the
same, and such copy shall be receivable in
evidence upon any future question touch
lng such claims as aforesaid, and shall have
all the effect of the original of which il
purports. to be copy; fourthly, in cases in
winch discharge and settlement before q
shipping commissioner are hereby required,
no payment, receipt, settlement or discharge
otherwise made, shall operate as evidence
Of the release or satisfaction of anv claim;
Bthly, upon payment being made BIZ
master before shipping commissioner the
shipping commissioner shall, if required
sign and give to such master statement
Oh the whole amount SO paid, and such
statement shall, between the master and
us employer, be received as evidence that
le mas made the payments therein men.
TONED.
SEC, %. That upon every discharge eff
-ected before a shipping commissioner the
master snail make and sign, in form mark
7d II, in schedule thereto annexed, re-
port OF the conduct, character and ouaG
Icatlons OF the persons discharged, or NAV |
3tate on said form that he declines to give 3
opinion upon such particulars, or upon any &
u them; and the. commissioner shall keen q
'eglster OF the A@me, and shall, if desired so 8
% 40 49, seaman, give to him or ind0rse u
- ts oeroiLea1e Of discharge copy Of so
nuch OF such report as concerns him. II
SEC. %. That every seaman. being q for
Agner, VINO declares his intention of be-,
coming citizen of the United States in any
Competent court, and shall have served thre6
ears on board of q merchant shin or shfos
u the United States subsequent to the date
7 such declaration, may, ON his appliea-
ION to any competent court, and the pro
luctlon OF his certificate of discharge and
rood conduct during that time, together
With the certificate of his declaration of in.
entlon to become citizen be admitted
ltlzen OF the United States; and every sea-
nan, being foreigner shall, after his de-
laratlon Of intention to become a citizen of
ne United States, aud3 shall have served
lree years, be deemed a citizen of the
Jnlted States for the purpose of manning
md serving on board any merchant shin in
he United States, anything to the contrary
q any previous act OF Congress notwit6.
landing; but such seaman shall for all yrlr-
,oses protection as an American citizen. BE-
.eemed such, after the filing Of his declare
ion of intention to become such citizen.
SEC, 81. That seaman's right TO WAGES
nd provisions shall be taken to comme9ce
ither at the time at which he commences
york, or at the time specified in the agree
cent Tor his commencement Of work or