New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-20


to be furnished to each seaman; seYe9tnly;
any regulations as to conduct on board, anu
| as to fines, short allowance of provisions
or other lawful punishment for misconduct
as may be sanctioned by Congress as reg
ulatiCns proper to be adopted and which
the parties agree to adopt; eighthly, any
stipulations in reference to advance anC
allotment of wages, or other matters mo-
contrary to law: provided, that whenever
the master of any vessel shall engage his
| crew, or any part Of the same, in any Gus
| toms district where no shipping comm1s
sioner shall have been appointed dnder sec
| ton one Of this act, he may perform tor him
self the duties of such commissioner, IN Ike
manner as is provided by the proviSo o
| section eight of this act; provided further
that this section shall not apply to masters
of vessels where the seamen are by
custom or agreement entitled to participate
in the profits or result of a cruise or voyage
nor to masters Of cOastwiSe nor to masters
| of lake-going vessels that touch at foreign
| ports: but seamen may, by agreement
serve on board such vessels definite time
or on the return of any vessel to port il
| the United States may reship and sail III
the same vessel on another voyage without
the payment of additional fees to the ship
| ng-comnissioner by either the sealnen OF
| the master.
SEC. ID. That the following rules shall be
! observed with respect to agreements: First,
every agreement Except in such cases OF
| agreements as are hereinafter specially pro
vided fOr) shall be signed by each seaman
in the presence Of a shipping. Reconnaissance;
| secondly, when the crew is first engaged
| the agreement shall-be signed in duplicate,
and one part shall be retained by the ship
| ping commissioner and the other part shall
contain a special place or form for the de-
| scriptiOnsand signatures Of persons engaged
subsequently to the first departure of the
ship, and shall be delivered to the master;
| thirdly, every agreement entered into be-
fore a shipping commissioner shall be ac-
knowledged and certified under the hand
and official seal of such commissioner, and
| shall be Endorsed on or annexed to such
agreement, and such certificate of acknowl-
edgement shall be in form and manner fol-
lowing, to wit:
estate Of --, county of -:
Con this - day of - personally
appeared before me, shipping commits
sioner in and for the said county, a. b. G..
d. and L. F.. severally 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 a state of intoXiea-
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 a voyage as heTcinbetOre
specified 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 offense
shall incur a 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 kuowl-
edge of captain, mate, OF of any Of the Off
GERS Of the ship, or who shall haYe 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 so and incur
a penalty Of d sum not exceeding two hun
dred dollars provided furthero that in case
OF desertiOn, or OF casualty resulting in the
loss Of one or more seameno the master may
ship a number equal to the number of
whose services he 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 arr5yeo without !ncurring
such penaltyo
SEC. 49, Thai every master Of a merchant
ship Of the United States SvIc engages any
seaman at place Of the United States,
in which there is a consular officer or COM
merciahsgeuto shall, before carrying such
seamaTto sea, procure the sanction Of such
officer, and shall engage seamen before
!, IL
hcrCinbetOre contained with respect 10 the
engagement Io5 seamen before shipping
commissioner il Che United States shall
apply to SUCH engagements made before
consular officer or commercial agent; and
upon every sucn engagement the consular
officer OF commercial agent shall iudOrse
upon the agreement his sanction thereof
and an attestat-0B to the effect that the
same has been signed in his presence. and
otherwise made as hereby required; and
every master Hho engages any seaman in
any place in which fhege is a consular Off
Ger or commercial agent otherwise than as
hereinbcfore yeQuired, shall incur penalty
not exceeding one hundred dollars, for
which penalty the ship shall be held liable; |
and all such agreements so made shall be
void and the seamen so engaged shall be
entitled to recover the highest rate ofwages
of the port from which the seaman was
shipped
SEC. 16. That all stipulatons for the al
lOtment Of any part of the wages of sea-
man during his absence which are made at
the common cement 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 |
payments are to be made.
SEC. II. That no advance Of wages shall |
be made or advance security given to any
person but to the seaman himself, or to his |
wife or mother; and no advance-of wages |
shall be made, or advance security given, |
unless the agreement contains stipulation |
for the same, and an accurace statement Of |
the amount thereof; and no advance wages |
or advance security shall be given to any |
except in the presence OF the ship |
ping commissioner.
SEC. 19. That if any advance in wages is |
made or advance security given to any sea
man in any such manner as to constitute a |
breach Of any of the above provisions. the |
wages Of such seaman shall be recoverable |
by him as il no such advance had been made |
or promised; and in the case of any adj
vance security so given no person shall be |
sued thereon unless he was a party to such |
breach.
SEC 49, That whenever any advance Sc
curity is discounted for any seaman, such |
seaman shall sign or set his mark to re-
ceipt Endorsed on the security, stating the |
sum actually paid or accounted for to him |
by the person discounting the same and if
the seaman sails.ln the ship from the port of
departure mentioned in the security, and is |
then duly earning his wages, or is previously |
with the consent of the master, |
butnot otherwise, the person discounting the !
security may ten days after the final depar- |
ture Of the ship from the said port of depart |
ure mentioned in the security, sue for and |
recover the amount promised by the Sc