The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-01-08
DISCIPLINE OF sEANfEN.

0EC. Oh. luat WucueVeT any sSallldu WAo A1N.
lawfully engaged, or any apprentice to the he he" shall
vice, commits any Of the following ofenses nc snn
be liable to be punished as f9l9ws e any i'm prson
ment for any period not exceeding ietinn anu
also to forfeit all any part OF the & or enects
be iaaves on board and all any part OF the wages
e f,nants which he has then earned; secondly
tor negectng and refusing Ttnoue reasonable cauae
tn oin his ship proceed 10 sea in his Ship for
obsence without leave at any time within twenty-
fur hours of the ships sailing from any port either
at fine commencement or during the progress of apy
1ovaSe or absence at any time without leave and
without sufficient reason, from his shin or from his
duty, not amounting to desertion, or not treated as
such by the master, he shall be liable to imprison-
nent Tor any periodnct exceeding one month and AL
So at the discretion of the court to forfeit OF his
wages sum moi exceeding the amount of two days
pay, anu IN addition, for every twenty-four hours of
ABSENCE either sum not exceeding six days pay,
any expenses which have been properly incurred in
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 be liable
to forfeit out OF his wages sum not exceeding one
lawful command, he shall be liable to imprisonment
any period not exceeding two mooths and also, at
sum not exceeding four days pay filthy, for con-
tinued wilfu neglect of duty, he shall be liable to
i'm prisonmenJ for any period not exceeding six
months, and also, at the discretion of the COURT to
forfeit for every twenty -four hours continuan Ct
such disobedence or neglect either asum not exceed
been properly Incurred in hiring substitute; sixth
y fer assaulJing any master or mate he shall be la
bic to mprs nment for any period not exceeding two
l .,
oElers of the crew to disobey lawful commands to
ne eject duty, impede navigation Of he ship, or
the progress of tie voyage, he shall be liable to i'm
prison1nent for any period not exceeding twelve
months eghthly for wlllfully damaging the ship or
embezzling or wituy 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 sustained,
and Also the discretion of the ceurt to imprison
ment for any period not exceeding twelve months;
pinhy, for any act of smuggling Of which he is con-
vieted, and whereby loss or damage is occasone to
the master or owner he shall be liable pay such
sIrsh &c
burse the master or owner Ton such loss damage,
and the whole or any part OF his wages may be re-
and shall also be liable to imprisonment for period
not exceeding twelve months.
SEC. 81. That upon the commission of any of the
oenses enumerated in the last preceding section an
entry thereof shall be made in the official log-boek
and shall be signed by the master, aud also by the
mate OF one of the crew. and the offender if still in
the ship shall before the next subseuuent arrival Of
the ship any port, if she is at the time in port
before her departure herefiom either be furnished
distinctly and audiby to him, and may thereupon
make such reply thereto as he thinks fit and state
ment that copy OF The said entry has been SO fur
nished OK that the same has been SO read over as
aforesaid and the reply f any made by the offender
shall kew Sc be entered and signed in manner afore-
said; and in any subsequent legal proceedings the
entries hereinbefore required SHALL ii practicable be
produced OF proved, and in default Of such production
proof the court hearing the case may al its iscre-
ton, refuse to receive evidence of the off nse.
SEC. 3d. That Whenever either at the commence
menu or during the progress of any voyage any sea-
|
serts from OF refuses proceed to sea- in any ship in
which he is duly engaged to serve, is found other
wise absenting himself theretrom wi bout leave. the
master or any mate or the owner, eonsignee, or
| shipping-commissioner, may, in any place in the
United States with or without the assistance of the
local public officers or const bles who are hereby
directed to give their assistance If reouired and Also
at any ont of the United ates if and far as the
laws in force at such place will permit, apprehend
him without first procuring warrant, and may
tbereupon, in any case and shall in case he so re-
quircs and IL is practicable convey him before any
court fJgsnce or justices Of any State city, town. OF
cognzance Of ofenses OF like degree and kind of the
matter, to be dealt with according to the provisions
hereinbefore contained in reference to such cases
and may, for the purpose of conveying him before
such court OF jus ice, detain him in custody for a
period not exceeding twenty-tour hours, or shorter
time as may be necessary Or may if he docs not So
require, ii there is such court at or near the
place, ut once convey him on board; and if such ap-
prehension appears to the court OF justice before
which the case Is brought to have been made i'm
proper or on insufficient grounds the master, mate
consignee, or NEUTRALITY-SUSPICIOUS. who makes the
same, OF causes the same to be made, shall incur
penalty not exceeding one hundred dollars; but such
penalty II inflicted, sbaIl be bar to any action fol
false imprisonment.
SEC. o. That any master Of, any seaman OF
apprentice belonging to. any merchant ship who BY
ness, does any act tending to the Immediate loss
destruction, or serious damage to such Ship tend
ing Immediately to endanger the life OF limb of an!
person bel ngpg to on board OF such ship or who
by wfu breach of duty, or by neglect of duty, BY
reason OF drunkenness, refuses or omits to do an!
preserving such ship from immediate loss deStruc
ion or serious damage, or for preserving any persol
belonging to or on board Of such ship from mmediat
aanger to lite or limb, SHALL for every such effensa b.
deemed guilty OF misdemeanor and shall be liabl
} to Imprisonment for period not exceeding twelv
months.
SEC IS. That all clothes, effects and wages which
un Ter The PROVISIONS OF this act, forfeited for
serion, shall be applied in the first instance in nav
ment 81 tie expenses oecasicned by such desertion
the master or owner Of the ship from which the de
serion has taken place and the balance f any sha
DC pad by the master or owner to any sipping-com
missioner resident at the port which the voS
such ship terminates and the shipping commissions
judge of the circuit court within one month after sal
commissioner receives the same to be disposed of
e him in the same manner as is hereinbefore provide
for the disposal Of the money, effects and wages {
deceased seamen; In all other cases of forfeiture
wages, under the provisions herenbefore contained
the torf 1ture shall be for the benefit of the master
n owner by whom the wages are payable; and in cas-
any master or owner neglects refuses to pay owe
the shipping commissioner such balance aforesaid
he Shall incur penalty of double the amount of sue
# balance, which shall be recoverable by the commits
: sloner III the same manner tha6 seamen's wages al
e SEC. 56 That any question concerning the fol
lsGnre OIL OF deaucd ms from, the wages OF any ses
b eeeding lawfully instituted with respect to sue
= wages notwithstanding that the ofcnse in respect
WHEN snen question arises, though hereby mad
mas not been made the subject of any criminal pre-
4 SEQ. 81 That whenever in any proceeding rela
ing to seamen's wages it is ahown that any seama
or apprentice has, in the course of the VOYAGE bee
con vcted Of any ofense by any competent fribuna
ana rghtfully punished therefor by imprisonment
otherwise. the court hearing the case may direct
Tart Of the wages due to such seaman, exceedn
n1teen dollars to be applied in reinbursing any cos
properly incurred by the mas, er in procuring sue
, conviction and punishment
I SEC. S. That every ship making voyages as d,
scrlDed IN section twelve of this act shall have
',ofical log-book;" and every master Of such shi
shall make, to be made Their in entries of Ii
foi0wn matters, that is to say: First, every leg
conviction OF any member of his crew, and the p,iI
lshment inflicted secondly, every otense committe
by any member of his crew fer which il is I'M ended
prosecute, or to enforce forfeiture, together wit
| such statement concerning the reading over suc
entry and concerning the reply, if any, made to Il
and the punishment inflicted; fourthIy, statemer
OF the conduct, character and qualifications Of eac
OF us crew, OF statement tina he declines to give
opinion OF such particulars; filthy, every case OF ii
ness or injury happening to any member of the crey
r with the nature thereof and the medical treatmen
II any > sixthly, every case of death happening .
board, with the cause thereof seventby every Dirt
the names OF the parents; eighthly, every marrae
+ taken Lace on board, with the names and ages
S the parties; ninJhly, the name of every seaman I
o apprentice who ceases to be member of the ere
f otherwise than by death. with the place time MAJ
neF ana cause Thereof; ten hly the wages due
age, and the gross amount of all deductions to
made therefrom; elevenhly, the sale of the effects
e any seaman or apprentice who dies during the yo,
e the sum received for it.
IL OisC- o.. udt every 6nIfy hereby required
made in the official log book shall be signed by II
master and by the mate or some other one of Ii
crew. and every entry in the official og-book shall
mad as soon as possible after the occurrence to wbic
II reia es and, if not made the same day as RI
l occurrence to which it relates shall be maze an
dated SO as to show the date of the occurrence and
the entry respecting it, and no case shall any er
try therein in respect of any occurrence happenin
previously to the arrival of the ship at her final moi
8 be made more than twenty -four hours after sue
| arrival. ~
SEC. 80. That If in any case the official log-book
| not Kept in the manner hereby required or if an
entry hereby directed to be made in any such log boo
is not made at the tire and in the manner hereb
directed, the master shall, for each such oense IN
cur penalty not exceeding twenty-five dollars; an
every person who makes, or procures to be made q
assists in making, any entry in any official log-boo
IN respect OF any Occurrence happening previously
ne arrival OF the ship at her final port of discharge
more than twentyfour hours after such arrival shat
ior elch oiiense, incur penalty not exceeding on
PROTECTION OF SEAMEN.
SEC 81 That no wages due or acerrinp to an,
seaman or apprentice shall be subject to attachment
or arrestment from any court; and every payment q
wages TO seaman or apprentice shall be valid i,
law, notwithstanding any previous sale or assignment
OF such wages, or OF any attachment, incumbrance
or arrestment thereon and no assignment or sale n
such wages or of salvage made prior to the accrun
thereof, shall bind the party making the Same
except such advanced securities as are Droyided "a,