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

toned penalties, and II appears that the OIL
Tense is owing TO the net or default Of the
owner, such master may recover the amount
of such penalty, and the costs incurred by
him, from the owner
SEC 40. That every master shall keep on
board proper weights and measures for the
| purpose of determining the quantities of the
several provisions and articles served out
and shall allow the same to bc used mt the
time of serving out such provisions and arti-
clcs, in the presence Of n witness, whenever
any dispute arises about such quantities, and
/ in default SHALL for every ohenso, incur n
penalty not exceeding fifty dollars. And every
vessel bound on any foreign port shall also be
provided with ut least one suit of wooden
| clothing for each seaman for use during the
| winter months, aud every such vessel shall
bo provided with fuel and u safe and suitable
room in which fire can be kept for the use
of seamen.
| SEC 43. That whenever any seaman or
apprentice belonging TO or sent home on any
merchant ship, whether u foreign-going ship
or home-trado ship, employed on u voyage
| which is to terminate IN the United States,
dies during such voyage, the master shall
take charge OF all moneys clothes, and effects
| which he leaves on board. and shall, If he
/ thinks fit, cause all or any of the said clothes
and effects to be sold by auction ut the mast
or other public auction, and shall thereupon
sign an entry in the official log-book, contain
| First, n statement of the nmouot Of money so
left by the deceased; secondly, in case of u
| sale, description of each article sold, and
the sum received for each thirdly, Il state
ment OF the sum due to deceased Us wages,
and the total amount of deductions. if any to
be made therefrom; and shall cause such
entry to be attcsted by the mate and one of
the crew.
SEC. "A. That in cases provided for 10y the
| last proceeding section, the following rules
/ shall be observed: First, if the ship proceeds
ut once to any port IN the United States, the
master shall, within forty-eght hours after
| his arrival, deliver any such effects us nforo-
said remaining unsold, and pay any money
which he has taken charge Of or received
| from such sale us aforesaid, and also the bal
| ance OF wages due to the deceased, to the
| shipping commissioner mt the port of destina-
| ton in the United States; secondly If the
ship touches and remains mt some foreign
| port before coming to any port in the United
! States, the master shall report the case to
the United States consular officer there and
shall give to such officer any information he
! requires rs To the destination of the ship and
! probable length of the voyage; and such off
Ger may, il he considers it eXpedient SO to do,
require the said effects, money, and wages to
be delivered and paid to him, and shall, upon
| such delivery and payment, give to the mas
/ ter Il receipt; and the master shall within
/ iOrty-eight hours after his arrival ut his port
| of destination in the United States produce
| the same to the shipping-c commissioner there
| and such consular officer shall in such case
indorsc and certify upon the agreement with
| the crew, the particulars with respect to such
delivery and payment; thirdly, If such officer
rs aforesaid does not require such payment
aud delivery to be made to him, the master
| shall take charge of the said effects, money,
and wages, and shall, within forty eight hours
after his arrival at his port of destination IN
! the United States deliver and pay the same
| to the shipping com missioner there fourlhlv,
the master shall in all cases in which any
seaman or apprentice dies during the pro-
! gTess of the voyage or engagement, give to
such officer or shipping commlssiOner rs
! aforesaid an account, in such form us they
may respectively require, of the effects mon
! ey and wages so to be delivered and paid,
and no deductions claimed in such account
/ shall he allowed unless verified, il there is
any official log-bouk, 10y such entry therein
~ hcrrinb,forc required; and also by such
other vouchers Of any rs may be reasonably
required by the officer or shipping
SiOner to whom the account is rendered ;
! tinhly, upon due compliance with such of the
provisions OF this section rs relates to acts to
be done ut the port of destination in the
United States, the shipping-commissioner
shall grant to the master Il certificate TO that
effect, and no officer of customs shall clear
inward any forei gn-going ship without the
production of such certificate.
SEC. Is. That if any master fails TO take
such charge of the money or other effects of
II seaman OF apprentice during voyage, or
to make such entries in respect thereof or to
procure such attestation to such entries, or
to make such payment or delivery of any
money, wages, or effects of any seaman or
apprentice dying during n voyage or to give
such account in respect thereof us herenbe-
fore respectively directed, he shall be ac-
! tnI Ia g,,.f In nd of act
of the seaman or apprentice To the judicial
circuit court in whose jurisdiction such port
of destination Is situate, and shall pay and
deliver the same accordingly; and such mas
ter shall, III addition for every such otlense,
incur penalty not exceeding treble the value
| of the money or effects, or, if such value is
not aSccrtained, not exceeding two hundred
| dollars: aud if any such money, wages, or
effects are not duly paid, delivered and ac-
counted for by the master, the owner of the
ship shall pay, deliver, and account for the
same, and such money and wages and the
value of such effects shall be recoverable
| from him accordingly; and il he fails to ae-
| count for and pay the same, he shall, IN adj
dition to his liability for the said money and
value, incur the same penalty which is here
| inbefOre mentioned rs incurred by the master
for like oflensc; and all money, wages, and
effects of any seaman or apprentice dying
during voyage shall be recoverable in the
/
ceeding by which seamen are enabled to re-
cover wages due to them.
SEC. rs. That il any such seaman or APP
| prentice Us last aforesaid dies ut any place
out of the United States, leaving any money
or effects not on board fhs ship, the United
| States consul or commercial agent mt or near
est the place shall claim and take charge of
| such money and effects: and such officer
shall if he thinks fit, sell all or any Of such
| effects, or any effects ofany deceased seaman
or apprentice delivered 10 him under the
provisions of this act, and shall quarterly re-
NIT to the Judge of the district court of the
port form which such ship sailed, or the
| port where the voyage terminates, all moneys
| be longing 20 or arising from the sale of the
effects or paid rs the wages OF any deceased
seamen or apprentices which have come to
! his hands under the provisions hcreinbefore
contained, and shall render such accounts
thereof rs the district judge requires
SEC. AZ. That whenever any seaman or
| apprentice dies in the United States, and is
nj the time of his death entitled TO claim
! from the master or owner of any ship in
| which he has served any unpaid wages or
! effects such master or owner shall pay and
! deliver, or account for the same, TO the ship
ping-cOmmissioncr at the port where the sea-
man or apprentice was discharged, or was to
have been discharged,
SEC. a.. That every shipping-com mission
er in the United States shall, within one
week from the date of receiving any such
money, wages, or effects of any deceased
seaman or apprentice, pay, remit or deliver
to the circuit court of the circuit in which he
resides the said money, wages, or effects
subject to such deductions rs may bc allow
cd by the circuit court for expenses incurred
in respect to said money and effects; and
should any commissioner fail 10 pay, remit
and deliver to the circuit court within the
time hcreinbeiOro mentioned, he shall incur
II penalty not exceeding treble the amount of
the value of such money and effects
SEC. 40. That If the money and effects of
any seaman or apprentice paid RENTED or
delivered to the circuit court, including the
moneys received for any part of said effects
which have been sold, either before delivery
to the circuit court, or by its directions, do
not exceed in value the sum of three hun