Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-02-01

promised; and IN case OF any such advance
security so given no person shall be sued there
| on unless he was party to such breach.
Sec. 49, That whenever any advance security
| Is discounted for any seaman, each seaman shall
sign or set his mark to receipt Endorsed on the
| security, stating the sum actually paid or ac-
counted for to him by the person siscounting
the same; and if the seaman sails in the ship
from the port of departure mentioned in the Sc
curity, and is then duly earning his wages, er is
previously discharged with the consent of the
| master, but not otherwise. the person discount
ing the security may, ten duys after the final
departure of the ship from the said port of de-
parture 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 or authorized the draw
ing of the security, in any justices court or
| other competent court; and in any such pre-
ceedlng IN shall be sufficient for such person to
| prove the security was given by the owner
| or master or some other authorized agent, and
! that the same was discounted to and recelpted
| by the seaman, and the seaman shall be pre-
| sumed to have sailed in the ship from such
port as aforesaid, and to be duly earning his
wages, unless the contrary is proved.
Sec. 20 That the master shall, at the COM
| mencenent of every voyage or engagement,
cause ;flegible copy of the agreement (omit-
| ting signatures) TO be placed or posted up in
such part of the ship as to be accessible to the
crew and on default shall, for each ofense in
| cur penalty not exceeding one hundred dol
| lars.
| Sec. 81. That any seaman who has signed an
| agreement and if afterwards discharged before
| the commencement of the voyage or before one
months wages are earned, without fault on his
| part justifying such. discharge, ard without
fault on his part justifying such discharge, and
| without his consent, shall be entitled from the
master or owner, in addition to any wages he
may have earned, sum equal in amount to
one months wages on compensation, and may,
on adducing such evidence as the court hearing
the case deems satisfactory OF having been SO
| improperly discharged as aforesaid, recover
| such compensation as if it were wages duly
| earned.
| Sec - That all seamen DISCHARGED in the
| United States from merchant ships engaged III
voyages as described in section twelve of this
| act shall be discharged and receive their wages
| in the presence of a duly authorized shipping,
commissioner under this !act, except in cases
| where some competent court otherwise directs
and any master or owner of any such ship who
| discharges any such seaman belonging thereto
| or, except as aforesaid, pays his wages within
\ the United States in any other manner, shall
| incur penalty not exceeding fifty dollars.
| Sec. % That every master SHALL not less than
| forty-eight houes before paying off or dscharg-
| ing any seaman, deliver to him, or if he is to
be discharged before shipping commissioner,
| to such shipping commissioner, full and true
| account of his wages, and all deductions to be
| made thCrefrOm on any account whatever and
in default shall. for each otfense, incur penal
! ty not exceeding fifty dollars; and no deGuc-
| ton from the wages of any seaman Except in
respect of any matter happening after such de-
lixery) shall be allowed, unless 1t is includedm
| the account delivered; and the master shall,
| during the voyage, enter the various matters in
respect to which such deductions are made
with the amounts of the respective deductions
as they accur in q book to be kept for that pur-
| pose, to be called the "offcial Log Book" as
| hereinafter provided and shall, if required,
produce such book at the time of the payment
| of wages, and also upon the hearing, before any
competent authority, if any complaint or Ques-
| ton relating to such payment
| Sec. "a That upon the discharge of any sea-
| man, or upon payment of his wages, the mas
ter shall sign and q i've him certificate of dis
charge, specifying the period of his service and
the time and place of his discharge, in the form
| hereto annexed marked "E;" and if any mas
ter fails to sign and give to any such seaman
such certificate and discharge, he SHALL for
each such Otfense, incur penalty not exceed
| ing fifty dollars: PrOUided, That the proviso
| annexed to section twelve, which applies to
masters of vessels engaging seamen under that
prOviso shall also apply to masters of vessels III
| the discharge of seamen.
| Sec. %. That every shipping commissioner
! shall hear and decide any question whatsoever
| between master, consignee, agent, or owner,
and any of his 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 proceedings which may
be taken IL the matter, before any court of jus
of parties, and any document purporting to be
under the hand and official seal of a commits
siOner, such submission or award shall be prl-
ma-facic evidence thereof
Sec. N. That in any proceeding relating TO
the wages, claims, or discharge of any seaman,
carried on before any shipping commissioner,
under the provisions of this act, such shipping
commissioner may call upon the owner or hi
agent, or upon the master, or any mate, or any
other member of the crew, to produce any log
orr tb mt in
spective possession or power, relating to any
matter in question in such proceedings, and
may call before him and examine any of such
persons, being then at or near the place, on any
such matter; and every owner, agent, mate,
or other member 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 or power, or
does not appear and give evidence, shall, I'M
less he shows some reasonable cause for such
default, for each offense incur penalty not ex-
ceeding one hundred dollars and, on applica
ton being made by the shipping commissioner,
shall be further punished, in the discretion OF
the court, as in other cases of contempt of the
process of the court
Sec. q. That the following rules shall be OBJ
served with respect to the settlement of wages,
that is to say First, upon the completion, be-
fore shipping commissioner, of any discharge
and settlement, the .naster or owner and each
seaman respectively, in the presence of the
shipping commissioner, shall sign mutual re-
lease of all claims for wages in respect of the
past voyage or engagement, and the shipping
commissioner shall also sign and attest it, and
shall retain it in book to be kept for that pur-
pose: P'oyided, That both the master and sea
assent to such settlement, or the settlement has
been adjusted by the shipping commissioner;
secondly, such release so signed shall operate
as mutual discharge and settlement OF all de-
mands for wages between the parties thereto on
account of wages, in respect of the past voyage
or engagement; thirdly, copy Of such re-
lease certified under the hand and seal OF such
shipping commissioner to be a true copy, shall
be given by him to any party thereto requiring
the same, and such copy shall be receivable. in
evidence upon any future question touching
such claims as aforesaid, and shall have all the
effect of the original of which it purports to be
a cSpy fourthiy, in cases in which discharge
and settlement before shipping commissioner
are hereby required, no payment, receipt, set
Element, or discharge otherwise made, shall OPP
any claim filthy, upon paymens being made