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

wages and effects OF deceased seamen.
which, in the opinion Of such court, it is not
necessary TO retain for the purpose of satisfy
ing claims, into the treasury of the United
states, which moneys shall form fund for,
and bo appropriated to, the relief of sick and
disabled and destitute scamen belonging to
the United States merchant marine SER
vice.
DISCIPLINE OF sEAMEN.
SEC. o.. That whenever any seaman who has boon
lawfully engaged or any Apprentices to the sea service
commits any OF the following offences he shall be liable
to be punished follows that Is TO say first for do
serton he shall be liable to imprisonment for any peri.
Cd not exceeding three months, and also to forfeit all
or any part Of the clothes effects he leaves board
and all or any part Of the wages omolumonts which
ing without reasonable cause to ioin his ship or TO
proceed to in his ship for absence without leave
AZ any time within twentyfour hours Of the ships sail
ing fom any port either at the commencement dur
ing the progress of any voyage for absence at any
time without leave, and without sufficient reason from
his ship, or from his duty, not amounting to doserton
or not treated such BY the MASTER he Shall be liable
10 imprisonment for any period not exceeding one
month and also at the discretion Of the court to forfeit
OUT OF wages sun not exceeding the amount Of two
days pay, and in addition for every twenty four hours
Of absence, either sum not exceeding six days pay
hiring substitute, thirdly for quitting the ship with
out leave after her arrival at her port Of delivery and
before she Is placed in security he shall he liable TO
forfeit out of his wages sum not exceeding one months
pay fourthy for williul dsobedience to any lawful
period not exceeding two months and also at the dis
erection Of the court TO forfeit out Of his wages sum
not exceeding four days pay filthy, for continued
wilu disobedience to lawful commands, continued
wilful neglect Of duty he shall be liable to mprson
ment for any period not exceeding six months and also
at the discretion Of the court to forfeit for every twen
tyiour hours continuance Of such dlsobedience nog
lect, either not exceeding twelve days pay, or
any expenses which have boon properly incurred in
hiring substitute slxthly for assaulting any master
mate he shall be liable to imprisonment for any pc
riod not exceeding two years. sovonthly for combining
with any other or others of tho crew to dsobey lawful
commands or to neglect duty to impede navigation
Of the ship, the progress of the voyage he shall be
liable to imprisonment for any period not exceeding
twelve months eghthly, for willully damaging tho
ship or embcZzling willfully damaging any Of the
stores or cargo he shall be liable to forfeit out Of his
wages sum equal in amount to the loss thereby sus-
ianed and also at the discretion Of the court TO iu-
psonment for any period not exceeding twelve months
nnthy for any act Of smuggling Of which he is con.
ycted and whereby loss damage is o6casoned to the
master owner, he shall DO liable TO pay such master
or owner such sum as i sufficient to reimburse the
master owner for such loss damage and the whole
or any part Of his wages may be retained in sasfac-
ton or on account of such liability, and shall also be IL
able imprisonment fort period not exceeding twelve
months.
SEQ o. That upon the commission Of any of the Of
fences enumerated In the last preceding section an en-
try thereof shall be made in the official ogbook, and
shall be signed by the MASTER and also by the mate
one Of the crew and the offender, If still IN the ship,
SHALL before the next subsequent arrival Of the ship at
any port If she is at the time in port before her de-
parture therfrom, either be furnished with copy Of
such entry, or have the read over distinctly and
audibly to him, and may thereupon make such reply
thereto hc thinks fit and statement that copy Of
the said entry has been furnished that the same
has been read aforesaid and the rel y dl
any made by the offender, shall likewise be entered
and signed in the manner aforesaid and in subse
quent legal proceedings the entries herenbcore requr
ed SHALL If practicable, be produced proved and in
default Of such production proof the court hearing
the case may ut its discretion refuse to receive evil
dence Of the offence.
SEC 80. Shat whenever, either at the commencement
or during the progress Of any voyage, any seaman
apprentice neglects refuses to join deserts from
refuses to proceed to sea- in any chip in which he Is
duly engaged to serve or found otherwise absenting
himself thererOm without leave, the master, any
mate or the owner, or consgnee, or shippingcomms-
sioner, may, in any place ia the United States with
without the assistance of the local public Ulcers CON
stables who are hereby directed TO give their assist
If required and also at any place out the Unit
ed States and far as the laws in force at such place
Will permit, apprehend him without first procuring
warrant, and may thereupon in any case and shall in
he requires, and It is practicable convey him
before any court of Justice justices any State city,
town, or county within the United States capable of
taking cOguiLance Of offences Of like degree and Mind
the matter be dealt with according t. the provisions
hercinbefOre contained In reference to such and
may, Tor the purpose Of conveying him before such
court Of justice, dean him in custody for period
exceeding twenty -four hours, or shorter time, may
be necessary, may, If he does not require, If
there is such court at or tho place. at
yey him board and If such apprehension appears to
the court Of justice before which the case Is brought to
have been made on improper on insufficient grounds
the master, mate eonssnee, or shppingcommissioner
who makes the same, or causes the same to he made
shall incur penalty not exceeding hundred dol
lars but such penalty If inflicted, shall be bar to any
action for false imprisonment.
SEC. 81. That any master of, or any seaman APP
prentice belonging to, any merchant ship who by will
iul breach Of duty or who, by reason Of drunkenness,
does any act tending to the immediate loss destruction
serious damage to such ship, tending Immediately
to endunser the life or limb Of any person belonging Ia
or on board OF such ship who, by wilful breach Oi
duty or by neglect of duty, by of drunken
ness refuses or Omts to do any lawful act proper and
requisite to be done by him for preserving such ship
from immediate loss, destruction or serious damage or
for preserving any person belonging to board OF
such ship from immeli Late danger to life limb shall,
for every such offence be deemed guilty of misdemean-
or, and shall be liable t. imprisonment for period not
exceeding twelve months.
SEE. 80 That all clothes, effects and wages which,
under the provisions Of this act forfeited for dcser
ton, shall be applied in the first instance, in payment
Of the expenses occasioned by such deserton 10 The
master or owner of the shin from which the dc.rnn
has taken place aud the balance i any shall be paid
by the master or owner TO any shippingcomms sioner
terminates; and the shipping COmmissOn shall aC.
count and pay over such balance to the judge Of the
circuit court within month after said commissioner
receives the same to be disposed Of by him In the same
manner is hcrenhcUgo provided for the disposal Of
the money o!ec,s, and wages, of deceased seamen
IN all other cases Of forfeiture Of wages under the pro-
visions hcreinhoore contained the forfeiture shall be
for the benefit of the master or owner by whom the
wages arc payable and in case any master owner
ntgccts or refuses to pay over to the shippngcOmms-
sloner such balance Aforesaid he shall incur penalty
Of double the amount Of such balance which shall be
recoverable by the commissioner in the same manner
that scamcn's wages are recovered.
SEC. 50. That any question concerning the forfeiture
CT or deductions from the wages Of any or ap-
prentice may be determined in any proceeding lawfully
instituted with respect to such wages Notwithstanding
though hereby made punishable by Imprisonment as
well as forfeiture, has not been made the subject Of any
criminal proceeding,
SEC, 81. That whenever in any proceeding relating
to seamen's wages it il shown that any seaman or APP
prentice has in the course of the voyage been convict
cd Of any offence by any competent tribunal and right
fully punished therefor by Imprisonment or otherwise
the court hearing the case may direct part of the
wages due to such seaman not exceeding fifteen dollars
to DO applied IN reimbursng any costs rrulerly incur
red by the master in procuring such conviction and
punishment.
SEQ "a That eyery shi oknT vova. - as doscrib
cd Ia section twelve Of this act shall have an official
"og-bo0k - and every master of such ship shall make
matters, that to say First every legal conviction Of
any member Of his crew, and the punishment inflicted
secondly, every offence committed by any nembQ Of
his crew for which is intended to prosecute, TO
force a forfeiture, together with SpGh statement CON
corning the reading oyer sach entry, and concerning
the reply II any, made to the charge, rs herenbefOre
required; thirdly every offence Tor which punishment
Is inflicted on board, and the punishment inflicted
iourthy statement Of the conduct character and quail
ilcations Of each his crew. statement that he de-
tlines to give an opinion of such particulars filthy,
every cas Of illness or injury happening to any mem.
her Of the crew. with the nature thereof and tie medi-
cal treatment Of anyG siNthly, every of death
happening on board with the GAUGE thereof seventhly
every birth happening on board with the of the
FAINT, and the names of the parents eighthly, every
marriage taken place on board, with the names and
ages Of the parties ninthly the of every seaman
or apprentice who ceases 70 be member Of the
otherwise than by DEATH with the place, time, manner
anu cause Thereof tenhy ihe wages due to any sea
gross amount Of all deductions TO bo made therefrom
eeyenthly tho sale of the effects Of any seamen APP
prentice who dies daring the voyage including state
mept of each article sold, and the sum received for It,
SEC, SO. That every entry hereby required to be
made In the Official logbook shall be signed by the
master and by the mate other of the crew.
and every entry in the official logbook shall DO made
possible after the occurrence to which re-
late', and # not made the day the occur
renee to which 1t relates shall be made and dated
to show the date Of the occurrence and of the entry
spectlns IL and In shall any entry therein in
respect of any occurrence happening previously TO the
arrival Of the ship at her final port DO made more than
twenty-tOur hours after such arrival,
SEC. co. That II In any case the Cli1al lug-bOok Is
not kept In the manner hereby required, If any en-
try hereby directed tp DO made in any such ogbook is
not made at the time and In the manner hereby direct
Cd, the master SHALL for each such offence incur pen
atty not exceeding twenty-five dollars and every per
son who makes or procures TO be made, assists in
making any entry in any official lOg-bOok in respect
Of any occurrence happening previously to tho arrival
Of the ship at her final port Of discharge, more than
twentyfour hours after such arrival shall for each Of
fence, incur penalty not exceeding one hundred and
fifty dollars,
PROTECTION OF SEAMEN.
SEC o.. That pc VageJ due or accruing to any
seamop or apprentice shall be subject TO attachment
arostment nom any court and every payment ofwag,
es TO seamen apprentice shall be valid in law Aot-
withdrawing pTeViOug sa0 assiWnmant If guch