New Orleans Republican., 1872-10-05

the payment Of additional fees to the shiL
ping-cOmmissioner by either the seamen o
| the master.
SEC. l3. That the following rules shall b
observed with respect to agreements: First
every agreement Except in such cases o
agreements as are hereinafter specially pro
vided for) shall be signed by each seaman
in the presence of a shipping commissioner
secondly, when the crew is first engaged
the agreement shall be signed in duplicate
and one neet shall be retained by the ship
ping commissioner, and the other part shaI
contain special place or form for the de
| scrlptlGnEand signatures of persons engaged
subsequently to the first departure Of fh,
ship, and shall be delivered to the master
thirdly, every agreement entered into be
| fore shipping commissioner shall be ac
knoWledged and certified under the hand
and official seal of such commissioner, anC
shall be indOrsed on or annexed to such
agreement, and such certificate of acknowI
edgement shall be in form and manner fol
lowing, to wit:
estate of f--, county of -:
CON this -- day of - personally
| appeared before me, shipping commits
sioner in and for the said county, A. b., c.
| d. and E. F., severalIv known to me to be
| the same persons who executed the foregO
| ing instrument, who each for himself ac
| knOWledged to me that he had read 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-
ton, he signed it freely and voluntarily, for
the uses and purposes therein mentioned"
SEC. IA. That, first, if any person shall be
carried to sea as one of the crew on board of
any ship making voyage as hereinbefore
| speclhed without entering into an agree
ment with the master Of said ship in the
form and manner and at the place and times
hereby IN such cases required the ship shall
be held Liable, and for each such 0ffense
shall incur penalty not exceeding two
hundred dollars: provided always, that the
ship shall not be held liable for any person
carried to sea who shall have secretly
slowed away himself without the knowl-
edge OF captain, mate, or of any of the Off
GERS Of the.ship, or who shall have falsely
personated himself to the captain mate or
officers of the ship for the purpose of being
carried to sea; secondly, if any master,
mate, or other officer of a ship knowingly
receives, or accepts to be entered on board of
any merchant ship, any seaman who has
been engaged or supplied contrary to the
provisions OF this act, the ship on board of
which such seaman shall be found shall for
every such seaman, be liable to and incur
penalty of a sum not exceeding two hun
dred dollars; provided further, that in case
OF desertiOn, or Of casualty resulting in the
loss OF one or more seamen, the master NAV
ship number equal to the number Of
whose services be has been deprived by de-
sertIon or casualty, and report the same to
the United States consul at the first port at
which he shall arrive, without incurring
such penalty.
SEC. Is. That every master of a merchant
ship OF the United States who engages any
seaman at a place out Of the United States.
in yTrb,IE
mercial agent, shall, before Carving such
seaman to sea, procure the sanction of such
officer. and shall. engage seamen before
such officer; and the same rules as are
hereInbetore contained with respect to the
engagement LOT seamen before a shipping
commissioner in the United States shall
apply to such engagements made before
consular officer or commercial agent: and
upon every such engagement the consular
officer or commercial agent shall indorse
upon the agreement his sanction thereof.
and an attestatOn TO the effect that the
same has been signed in his presence. and
otherwise made as hereby required; and
every master who engages anV seaman in
any place in which there is a consular off
Ger or commercial agent other wise than as
herelnbetOre required, shall incur penalty
not exceeding one hundred dollars, for
which penalty the ship shall b. held liable:
and all such agreements so made shall be
void, and the seamen so engaged shall he
entitled to recover the highest rate of wages
of the port from which the seaman was
shipped,
SEC. l6 That all stipulations for the al
Iotment OF any part OF the wages OF sea-
man during his absence which are made at
the commencement OF the voyage shall be
inserted in the agreement and Shall state
the amounts and times of the payments to
be made, and the persons to whom such i
payments are to be made
SEC. IA. That no advance of wages shall |
be made or advance security given TO aDv |
person but to the seaman himself, or to his |
vile or mother; and no advance of wages |
shall be made, or advance security given,
unless the agreement contains stipulation
Tor the same, and an accurace statement of |
lie amount thereof; and no advance wages
)r advance security shall be given to any
seaman except IN the presence of the ship
)ing commissioner.
SEC. lS That if any advance in wages is
made or advance security given to any sea-
nan N any such manner as to constitute a
)feach OF any OF the above provisions, the
wages OF such seaman shall be recoverable
" him as if no such advance had been made
" promised and il the case of anv ad
-anee security so given no person shall he
ued thereon unless he was party to such
preach.
SEC l9. That whenever anv advance se-
urIty Is discounted toc any seaman. such
canaan shall sign or set his mark to a re-
elpt lnd0Tsed on the security, stating the
um actually paid or accounted for to him
y the person dlscOUnnng the same and if
he seaman sails ln.the ship from the port of
eparture mentioned in the security, and is
aen duly earning his wages, or is previously
1scAaFged with tie consent of the master,
ut not otherwise, the person discOunting the
ecurlty may ten days after tile final depar-
Ire OF the ship from the said port of DEPART
re mentioned IN the security, sue for and
acoYer The amount promised by the Sc /
lFitT, with costs. either from the owner
Z from any agent who has drawn or an
lorIzed the drawing Of the security. in any
iSuces or other competent court: and in
ly such proceeding II shall be sufficient t
II such person to prove the security was
wen by the owner or master. or some
her authorized agent and that the same a
as discounted to and receipUed by the i
aman, and the seaman shall be presumed l
nave sailed III the slip from such port as /
Qresaid, and to be dul7 earning his wa0as /
lless the contrary is proved. 7
SEC ~. That the master shall, at the a
of every voyage. or anra0A. Y
6nlr cause a Iegi5Ie copy of the agreenaEnt /
mlttIng signatures to be placed or posted c
IN such part OF the ship as to be accessi- Il
9 70 the crew and on default shall, for G
en- {: |. onense, incur penalty not exceeding
SEC; u. That any seaman who has .
gned an agreement and is afterwaTd @i~' li;s' e
arged before the Commencement If +ba ii
Eage or before. one months WAGES are ii
rned, without fault on his part i4.tify. b
z such discharge, and without his con con c,
lt, shall be entitled 10 receive from The tba ei
ister @ or prov owner, in addition to any wages e;
NAV have earned -.-., ~ -