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

ter may he has been deprived by deserton or casual
fy and report the same to the United States consul
af the first port az which he shall arrive, without
mourning such penalty.
SEQ 10. That every master of merchant ship of
the onised states who engages any seaman at
place out OF the United States in which there is a
consular officer or commercial agent, shall, before
carrying such seaman to sea, procure the sanction of
s9eh ohlcer, and shall engage seamen before such
ofncer; and the same rules are herenbetore con-
tanned with respect to the engagement of seamen
before shippingcommissione in the United States
snail Apply to such engagements made before con-
su!ar officer commercial agent; and upon every
such enga einent the consular officer or commercial
agent shall endorse upon the agreement his sanction
thereof and attestaton to the effect that the same
has been signed in his presence, and otherwise made
as hereby required; and every master who engages
any place in which there is consular officer or COM
mercal ageni otherwise than as herenbefore re-
quired shall incur penalty not exceeding one hum
bred 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
tie highest rate of wages OF the port from
which The seaman was shipped.
SEC. 49, That al stipulations for the allotment OF
any part of the wages of seaman during MS az az
ssnce which made at the commencement OF ant
v yage shall be inserted in the agfeeMnaw,'
and all stare the amounts and times OF ,,m sncb
ments to be made, and the persons To
payments are to be made. hall he made
or advance security Given to any person Dut TO the
seaman himself or to his wife OF M" dna,,oa so,r;t
vance of wages shal be contains stipulation
SS,r he same and acc rate statement OF the
ami no hufaheO HoSCS duNa1lce
anoune tuei he owen any seaman except in the
reuaI'.. Of the shipping commissioner.
is That if any advance of wages is made or
ioance security given to any seaman in any such
anner as to constitute breach of any of the above
nroyisons. the wages Of such shall be recoy-
cradle by him as II no sue advances had been made
or promsed and ia the case of any advance security
50 given person shall be sued thereon unless he
WAS party to such breech.
SEC 49, That whenever any advance security is
discounted Tor any seaman, such shall sign
or set his mark to receipt Endorsed the security
stating the sum actually paid or accounted for to
him by the person discounting the same; and if the
seaman sails in the ship from the port Of departure
mentioned in the security, and is then duly earning
his wages, or is previously discharged with The COLI
sent Of the master, but not otherwise the person
discountng the security may ten days after final
departure Of the ship from the said port of departure
mentioned in the security, sue for and recover the
amount promised by the security with costs, either
from the owner or from any agent WHO has drawn OF
authorized the drawing of the security, in any JUS
tice's other competent court and in any such pro-
ceeding it shall he sufficient for snch person prove
tile security was given by the owner or master, or
some other authorized agent, and that he same was
discounted to and rec,i iet by the seaman and the
seaman Shall be presumed to have sailed In the snip
from such port as aforesaid and to be duly earning
his wages, unless the contrary is proved.
SEC %. That the master shall, at the commence
ment of every voyage OF eng cement, cause legioe
copy Of the agreement (omitllng sgnatures) TO be
PLACED postel in such part OF the ship as to be
accessible to The crews aud On default shall for each
ofense, incur penalty not exceeding one hundred
dollars.
meuG and is afterwards discharged before the conf
mencement of the voyage or before one months
wages are earned, without fault on his part justify
ing such discharge and without his consent, shall be
entitled to receive from the master or owner, in adj
dii0n to any wages he may have earned, sum equal
in amount to one months wages compensation,
and may, on adducns such evidence as the court
hearing the deems satisfactory of having been
Improperly discharged as aforesaid, recover such
compensation as if IL were wages duly earned.
SEC. =. That all seamen discharged in the United
States from merchant ships engaged in voyages as
described in section twelve of this act shall be dis
charged and receive their wages in the presence OF
duly authorized suipping-commissioner under this
4 act except IN cases where some competent court
| otherwise direct; and any master owner of any
such ship who discharges any such belonging
thereto, or, except az aforesaid, pays his wage;
within the United States in any other manner, shall
( incur penalty not exceeding fifty dollars.
| SEC. 49, That every master shall not less than
fory-eight hours before paying OFT OF dischargins
charged before a shipping commissioner, to such
full and true account Of his
wages, and all deductions to be made therefrom on
any account whatsoever; and in default shall, for
each offense, incur penalty not exceeding fifty dol
lars; and no deduction from the wages OF any sea-
man Except in respect of any matter happening af-
such delivery shall be allowed unless it is ip-
ouded in the account delivered and the master shall
during the voyage enter The various matters in re-
| spect to which such deductions are made with the
amounts Of the respective deductions as they occur
in book to be kept for that purpose to be called the
,Ohicial Log-book," as hereinafter provided, and
| the payment Of wages and also, upon the hearing
before any competent authority, of any complaint
question relating TO such payment.
SEC. 81. That upon he discharge of any seaman
Or upon payment of his wages the shall sign
anu give him certificate Of discharge, specifl ing the
period OF lis service and the time and place OF h
discharge in the form hereto annex ed, marked "E >
an if any maste fails to sign and give to any sucl
seaman such certificate and discharge, he shall, fol
each such otfense incur penalty not exceeding fit
dollars Prooided, That the proviso annexed to sec
ton twelve. which applies to masters of vessels
gagng seamen under that proviso shall also apply Il
such masters of vessels in the discharge of seaen
4 SEC % That every shipping commissioner shall
hear and oec1de any question whatsoever between
MASTER eonsignee, agent, or owner, and any of Iii
crew. which both parties agree in writing to submit
| to him; and every award SO made by him shall be
binding on both parties, and shall in any legal pro-
ceedings which may be tai en- in the matter before
any court of justice, be deemed to be conclusive
to the rights OF parties and any document purport
ing TO be unier the han and official seal of com.
missioner, such submission or award shall be prima
tacie evidence thereof.
/ SEC. g. That in any proceeding re ating to tn,
wages, claims, or discharge of any seaman carrist
on before any shipping commissioner under the pro
visions OF this act such shipping commissioner ma,
| call upon the owner, OF his agent or upon the mas
ter, or any mate OF any other member of the crew
to produce any logbooks, papers, or other documents
III Their respective possession or pewer relating to
| before him and examine any of such persons bein:
then at or near the place, any such matter; AMI
every owner agent master, mate, or other mem be-
| OF the crew who, when called upon by the shipping
commissioner, does not produce any such books
papers, or documents as aforesaid if in his possession
shall unless he shows reasonable cause for sucl
default. for each offense incur penalty not ex
eeedino one hundred dollars and on application be
ing MADE py the shlppng-c0mmissioner, shall be fur
ther punished, in the discretion of the COURT as il
other cases Of contempt Of the process of the
SEC r. That the following rules shall be observed
with respect to the settlement of wages that is to
First, upon the completion, before a slipuiug-com
missioner, OF any discharge and settlement, the
Ter or owner and each seaman respectively. in the
presence os the Observation-Disclosures shall SIGN a
mutual release of all claims for wages in respect Of
the past voNa age or engagement, and the Shipping
commissioner Shall als 81 m and attest it. and shall
retain it in book to be kept 70, that purpose Pro
sucn settlement or the settlement has been adjuste
by the shipping commissioner secondly such releass
50 gned and attested shall operate mutual dis
charge and settlement of all demands for wages be.
tween the parties thereto, account of wages in re-
spect OF the past voyage or engagement thirdly,
| copy OF such release certified under the hand anc
seal Of such shipping to be true c1ny
shall be given by him TO any party thereto reouiEine
the sam and such copy shall he receivable in evil
as aforesaid and sh have all the effect of the ORIG
inal If which it purports to be copy; four hy in
cases in which discharge and settlement before Q
shipping commissioner are hereby required no nav.
ment, receipt settlement, or discharge otherwise
made fha operate evidence of the release or SAT-
isf2ction of any claim filthy, upon payment binp
made by master before shipping commits i,ner
the shipping shall, If required sign
| and give to such master statement of the whole
amount 81 paid, and such statement SHALL between
the master an his empl yer, be received evidence
that he has made the payments therein mentioned
DEC. 20 mat upon every dis barge effected before
shppin s-commissi the master shall make and
sign, in form marked Sc" in sche lule thereto
anAeAed, a report of the conduct, character and
qualhcauons Of the persons discha ped or NAV
state on said form that he declines to rive any onn
ln upon sucn particulars upon any of them and
the commissioner shall keep register of the game
anu SHALL II desired to do by any seaman give to
INN or lndorse on his certificate of discharge conv
or 80 much OF such report as concerns him.
SEC ~ mat every seamen, being a FOREIGNER
who declares mis- intention OF becoming citizen Of
the United ates in any competent court and shall
have served three years board of a merchant shin
or ships OF the United States subsequent to the date
OF such declaration may, on his application to apy
competent court, and the production of bis cerid-
cav OF dlscha &c and good conduct during that time
together with the certificate of his declaration of in
the United States and every seaman being a for
egner SHALL at er his declaration of intention to be-
come cit1en of the United States, and shall have
served III three years, be deemed citizen of the
Ohted states Tor the purpose of manning and sery-
ing on board any merchant ship of the United States
anything t. the contrary in any previous act of Con-
gess notWlthsaHling; but such seaman SHALL for all
deeme SUCH after the filing of his declaration Of in
tention to become such citizen.
SEC 10. Ihat seaman's right to wages and mo-
Vsl ms snail be taken to commence either az the fine
At which he commences work, or at the time sneci
ned IN the agreement for his commencement of work
or presence on b'ard, whichever first happens
SEC. 81. That no seaman shall by any agreement
other THAN Is provided by this forfeit his IN upon
the ship. or be deprived of any remedy for the recov
cry OF his wages TO which he would otherwise have
been enied and every stipulation in any agreement
inconsistent with any provision of this net and every
stipulation by which any seaman consents to aban
aon ms right to his wages in the of the loss of