New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-21
VIEW ORLEANS REPUBLCAN SATURDAY.. SEPTEMBER "a la72

the United States from merchant ships el
gagged in voyages as described in seetio
twelve of this act shall be discharged an
receive their wages In the presence of
duly authorized shipping commissioner III
der this act, except in cases, where som
competent court otherwise directs; and an
master or owner of any such ship who di
charges. any such seaman belonging thereto
or, except as aforesaid, pays his wage
within the United States in any other mar
ner, shall incur penalty not exceedin
| fifty dollars.
SEC. %. That every master shall, not les
than forty eight hours before paying off o
discharging any seaman, deliver to him, o
if he is to be discharged before a shipping
| commissioner, to such shipping com
missioner, a full and true account of hi
wages, and all deductions to be made there
! from on any account whatsoever; and il
| default shall, for each offense, incur pen
atty not exceeding fifty dollars and NJ
deduction from the wages of any seaman
Except IN respect of any matter happening
after such delivery shall be allowed, un
less it is included in the account delivered
and the master shall, during the voyage
enter the various matters i'll respect tic
which such deductions are made, with the
amounts or the respective deductions as
they occur, in book to be kept for that
purpose, to be called the "Otficial 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 authori-
ty, OF any complaint or question relating to
such payment.
Sec. 24. 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
" Il )" and if any master fails to sign and
give to any such seaman such certificate and
discharge, he shall, for each such otfense, 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
III the discharge OF seamcn.
SEC. %. That every shipping commits
sl0ner shall hear and decide any question
whatsoever between master, consignee,
agent, or owner, and any of his crew. which
both parties agree in writing to submit to
nun; 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 pur-
porting to be under the hand and official
seal OF commissioner, such submission
or award shall be prima facie evidence
thereof.
SEC 26 That in any proceedings relating
TO the wages, claims, or discharge of any
carried on before any shipping !
commissioner, under the provisions Of this
act, such shipping commissioner may call
lpon the owner, or his agent. or upon the
master, or any mate, or any other member
II the crew, to produce any log books, pa
'ers, or other documents in their respective |
possession or power, relating to any mat |
er IN question in such proceedings and NAV |
all before him and examine any of such |
PERSONS, being then at or near the place, on
ny such matter; and every owner, agent,
MASTER, mate, or other member of the
rev who, when called upon by the ship
ing commissioner, does not produce any
UGH books, papers, or documents as afore-
AID, II IN his possession or power, or does
OF appear and give evidence, shall, unless
g shows some reasonable cause for such
etault, for each Ofense incur penalty not
one hundred dollars. and, on
ppHcatlon being made by the shipping
shall he further punished, in
ne discretion OF the court, as in other cases
contempt of the process of the court
SEC ~ That the following rules shall be
oserVed with respect to the settlement of
ages, that IS to say: First, upon the COM
Teton, before shipping commissioner, of
~ discharge and settlement, the master
owner and each seaman respectively, in
lie presence OF the shipping commissioner.
TALL sign mutual release of all claims for
ages IN respect OF the past voyage or en-
'gement, and the shipping commissioner
all also sign and attest it, and shall re-
IN 1t IN a book to be kept for that pur- ;,
'se; provided, that both the master and
amen assent to such eettlement,,or the
ttEement has been adjusted bv the
lpp1ng commissioner; secondly, such re-
ase so signed and attested shall operate !
a mutual discharge and settlement of all :
mands' for wages between the parties /
eretO, on account of wages, in RESPECT of +
e past voyage or engagements thirdly. ]
Ply OF such release, certified under the ?
nd and seal OF such shipping commits :
ner to be true copy, shall be given bv /
ID TO any party thereto requiring the r
me, and such copy shall be receivable in +
ldence upon any future question touch .
such CLAIMS as aforesaid, and shall have q
the effect OF the original of which it i
tports TO be copy; fourthly, in cases in a
lIcn discharge and settlement before a =
piping commissioner are hereby required, =
payment, receipt, settlement or discharge i .
lerWIse made, shall operate as evidence +
IQe release or satisfaction of any claim: a
hly, upon payment being made bv i
.ster before shipping commissioner. the n
pplng commissioner shall, if required, Il
n and give to such master a statement h
the whole amount so paid, and such a
employer, be received as evidence that -
has made the payments the rein men z r
ned. +
EC. %. That upon every DISCHARGE eff C,
ted before shipping commissioner the c,
ster shall make and sign, in form mark re
-, IN schedule thereto annexed, a re-
t OF the conduct, character and quail p;
.uons OF the persons discharged. or NAV Il,
tie On said form that he declines to give h,
mon upon such particulars, or upon any a,
mem; ana the commissioner shall keep a II
lster OF the same, and shall, if desired so q
10 oy any seaman, give to him or indorse a,
MS certificate of discharge copy of so in
ch OF such report as concerns him. 30
&c. ~ That every seaman, being for Il,
ler, who declares his intention of be- ";
ing citizen of the United States many ~
lpetent court, and shall have served three o.
rs on board OF merchant ship or sliOs m
he united States subsequent to the date sb
uch declaration, may, on his applica- an
10 any competent court, and the pro. da
ton OF his certificate of discharge and So
d conduct during that time, together W.
!! the certificate of his declaration of in 20
ION to become a citizen, be admitted a do
zen OF the United States; and every sea- do
!, being foreigner, shall, after his de- ba
alton Of intention to become citizen of ~,
United States, and; shall have served
e years, be deemed a citizen of the sai
ted States for the purpose of manning or
serving on board any merchant ship in Vi,
United States, anything to the contrary no
ny previous act OF Congress notwith he
dlng; but such seaman shalLfor all pur- inr
IS OF protection as an American citizen no -:
of I'4L 'ne nLln@ OF MS declara- as
~ IN tn 49, W ooeolile suc9 cltzen. or
a seaman flght TO wages the