Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1873-04-18

In duplicate and one part shall DO retained BY tho
lhpping and the other part shall con.
tain special place form for the description and Sig
natures OF persons engaged subsequently, TO the rst do
pSrpre Of the ship and shall be delivered 70 the mas
lsr thirdly, every agreement entered into before
hppingcommissioner shall be acknowledged and GER
Tiled under the hand and official seal Of such commits
agreement. and such certificate Of acknowledgment
7 p AZ be IN form and manner following, to wit
con this - day Of -, personally appeared
before mo shlpplngcommisson in and for the said
to DO the same persons who executed te fore@oip n
strument, who each for himself acknowledged TO me
mat he had read or had heard read the that he
was by me made acquainted with the conditions there
Of and under5tood the sane and that, while sober
and not IN state Of ntoxicatOn, no signed II freely
aud voluntarily for tho uses and purposes therein mon
SEC. a. That FIRST IL any person shall DO carried to
sea as one Of the board OF any ship making
voyage as herenbeore specified without entering into
an agreement with the master Of said ship in the form
manner ana ~ tho place and times hereby In such
each such offence shall incur penalty not exceeding
two hundred dollars Provided always, That the ship
who shall have secretly slowed away himself without
tho knowledge of captain, mate, any Of the officers
Of the ship, who shall have falsely personatod him
self TO the captain, mate, officers Of the ship for tho
purpose of being carried to secondly N any
or accepts to be entered on board Of any merchant
ship, any seaman who has been engaged 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 sum
not exceeding two hundred dollars Provided further,
Ihat In case OF desertOn Of casualty resulting In
the loss Of or moro seamen the master may ship
number equal TO the number Of whose services he mas
been deprived by desertion or casualty aud report the
TO the United States consul at the the first port at
which he shall arrive, without mourning such penalty
sEO 10 That every master ola merchant ship Of the
United states who engages any seaman at place out
OF the United States In which there is consular officer
or commercial agent, SHALL before carrying such
man to sea, procure the sanction Of such officer and
shall engage seamen before such officer and the same
rules herenbefore contained with respect the
engagement OF seamen before ngcOmmissioner
in the United States shall apply TO such engagements
made before consular officer commercial agent; and
commercial agent shall indorse upon the agreement his
sanction thereof and attestatton TO tho effect that
the Same has been sgnel in his presence, and other.
wise made as hereby required and every master who
engages any seaman in any place in which there
consular officer commercial agent otherwise than
hereinbeore required shall incur penalty not exceed
ing hundred dollars for which penalty the ship
shall be hold liable and all such agreements made
shall be void and the seamen so engaged shall he ent
Tied to recover the highest rate Of wages Of the port
nom which the seaman was shipped.
SEC. l6. That all stpulatons for the allotment of
any part Of the wages OF during his absence
which are made at the commencement Of tho voyage
shall be inserted in the agreement and shall state the
the parsons to whom such payments are TO DO made.
SEC. II. That advance Of wages shall be made or
advance security given TO any person but to the
himself or 70 his wife mother; and no advance Of
wages shall be made, advance security given, unless
the agreement contains stipulation for the same, and
an accurate statement Of the amount thereof and no
advance wages advance security shall be given TO
any seaman except In the presence OF tho shipping
SEC Is That any advance Of wages Is made or i'd
vance security given to any seaman In any such man
ner as to constitute breach Of any Of the above pToys
ions the wages Of such shall be recoverable by
him as f no such advance had been made promised
and in the Of any advance security SO given no
person shall be sued thereon unless he was party to
such breach.
SEC 10 That whenever any advance security is dis.
counted for any such seaman shall sign set
his mark to receipt Endorsed the security stating
the sum actually paid or accounted for to him by the
tm ha aaA1 II
In the ship from the port Of departure mentioned in the
security and is then duly earning his wages Is pre-
yousy discharged with the consent OF the master, but
not otherwise the person disccuntng the security
ten days after the final departure Of the ship from the
said port OF departure mentioned In the security,
for and recover the amount promised by the security
with costs, either from any agent who has drawn VI
authorized the drawing Of the security In any justices
other competent court and in any such proceeding
II shall be sufficient for such person TO prove the
ity was given by the owner master, some Other
authorized agent and that the same was discounted "a
and recepted by the seaman and the seaman shall be
presumed to have sailed in the ship from such port
aforesaid and TO DO duly earning his wages unless the
contrary Is proved.
SEC. 20. That the master shall, at the com
mcnccment OF every voyage or engagement
cause lcgiblc copy of the agreement
(omitting signaturcs) to be placed or posted
up in such part of the ship rs to be accessible
to the crew; and on default shall. for each
oflense, incur II penalty not exceeding onC
hundred dollars.
SEC. 81. That any seaman who has slgnct
an agreement and Is afterwards discharged
before the commencement Of the voyage ol
before one months wages are earned, with
out fault on his part justyfying such dis
charge, and without his consent, shall be en-
titled to receive from the master or owner
in addition TO any wages he may have earn
ed, II sum equal in amount to one month;
wages rs compensation, and htay, on adduc
ing such evidence rs the court hearing the
case deems satisfactory of having been Sc
Improperly discharged rs aforesaid recover
such compensation us # it were wages dull
earned.
SEC -. That all seamen discharged II
the United States from merchant ships en-
gagged ~ voyages rs described in section
twelve of this act shall be discharged an,
receive their wages in the presence of n duly
authorized shipping commissioner under thi
act except in eases where some CompCten
court otherwise directs; and fanny master o.
owner of any such ship who discharges an,
such seaman belonging thereto, or, except n
Aforesaid, pays his wages within the Unite,
States I'm any other manner, shall incur
penalty not exceeding fifty dollnrsi
SEC. %. That every master shall, not les
| thru forty -Cight hours before paying of Ol
discharging any seaman, deliver To him, o
| If he is to be- discharged before shipping
commissioner, to such shipping
| or, u full and true account of his wages, an,
| all deductions to he made thCrcirOm ON an,
account whatsoever; and in default shall, fo
! each Oilcnse, incur Il penalty not cNCeedin,
! fifty dollars and no deduction from thu
wages OF any seaman except in respect u
| any matter happening after such delivery
! shall he allowed, unless il is included in tn
account drlivercd. and the master shall
| during the voyage, enter the various matters
/ IN Prospect TO which such deductions mr.
made, with the amount of lthc respective dc
l.. =. 1. L. l..
| for that purpose, to he called the " Oilicia
! Log book, rs hereinafter provided aud shall
| if required, produce such book ut the timo O
payment of wages, and also, upon the hear
ing, before any competent authority, of an
complaint or question relating to such pay
mcnt.
SEC u. That upon the discharge of an
seaman, or upon payment of his wages, In
master shall sign aud give him II certificate
of discharge, specifying the period of his sci
vice aud the time and place Of his discharge
in the form hereto annexed, marked "E;
| and if any master fails to sign and give
| any such seaman such certificate and dis
charge, he shall, for each such oflcnse incu
u penalty not exceeding fifty dollars: Pre-
yided, That the proyisO annexed 10 scCtio
twelve, which applies to masters of vessel
engaging seaman under that provisO, sha
also apply to such masters OF vessels in tn
discharge Of seamen.
SEC. %. That every shippng-commissiOnt
shall hear and decide any question whatsoevC
between II master, consignee, agent, or owl
er, andiany of his crew, which both parti,
agree in writing to submit to him; and ever
award so made by him shall be binding o
both parties, and shall, in any legal proceed
ings which may be taken in the matter be
fore any court of justice, be deemed to |
conclusive as to the rights of parties, and an
document purporting to be under the han
and official seal of u comm missioner, sue
submission or award shall be prima-iac
evidence thereof.
SEC. 90. That in any proceeding rclatin
to the wages, claims or discharge of any SCI
man, carried on before any shipping-con
missioner, under the provisions OF this nc
such shipping-commissone may call upo
the owner or his agent, or upon the maste
or any mate, or any other member of ii
crew, to produce any log-books. papers,
other documents in their respective posse
SION or power, relating TO any matter in quo
ton in such proceedings, and may call beiol