The Hawaiian gazette., 1912-12-24

GAZETTE, TUESDAY, DEC
ment of FIVE quarts Of water every day,
and in lieu Of daily requirement of
one ounce of butter there shall be a re.
quirement of two ounces Of butter CIV.
cry dav.
''That section twenty-four of the
same act be amended to read as fol.
lows;
'That it shall be, and is hereby.
made unlawful in any case to pay any
seaman wages in advance of the time
when he has actually earned the same,
or to pay such advance wages, OF to
make any order or note or any other
evidence of indebtedness therefor to
any other person, or TO pay any per-
son, for the shipment of seamen when
payment is deducted or to be deducted
from seaman's wages. Any person
violating any of the foregoing provi-
sions of this section shall be deemed
guilty of misdemeanor, and upon con.
viction shall be punished by n fine of
not less than twenty-five nor more than
one hundred dollars, and may also be
imprisoned for n period of not exceed
ing six months, at the discretion of the
court.
"The payment of such advance
wages or allotment shall in no case, ex.
cept as herein provided, absolve the
vessel or the master or the owner there.
of from the full payment of wages af-
ter the same shall have been actually
earned, and shall be no defense to a
libel suit or action for the recovery of
such wages. If any person shall de-
mand or receive, either directly or in.
directly, from any seaman or other per-
son seeking employment as seamen, or
from any person on his behalf, any re-
Enumeration whatever for providing him
with employment, he shall for every
such offense be deemed guilty of mis-
demeanor and shall be imprisoned not
more than six months or fined not more
than five hundred dollars.
Allotment of Wages.
(b) That it shall be lawful for any
seaman to stipulate in his shipping
F.. agreement for an allotment of anv por-
tion of the wages he may earn to his
grandparents, parents, wife, sister, or
/ children.
| "'(c) That no allotment shall be
valid unless signed by and approved by
the shipping commissioner. 1t shall De
the duty of the said commissioner to
examine such allotments and the parties
to them and enforce compliance with
the law. All stipulations for the allot-
ment of any part of the wages of sea-
man during his absence which are made
at the commencement of the voyage
shall be inserted in the agreement and
shall state the amounts and times of the
payments to be made and the persons to
whom the payments are to be made.
Gay That no allotment except as
provided for in this section shall be
lawful. Any person who shall falsely
olaim to he such relation, as above de-
scribed, of seaman under this section
shall for every such offense be pun.
ished by fine not exceeding five hun.
bred dollars or Imprisonment not ex.
ceeding six months, at the discretion OF
the court.
(e) That this section shall apply
as well to foreign vessels as to vessels
; of the United States, and any master
owner, consignee, or agent of any for
! eign vessel who has violated its Prov
sions shall be liable to the same penal
ty that the master, owner, or agent OF
a vessel of the United states would b'
for similar violation.
The master, owner, consignee, O.
agent of any foreign vessel seeking
clearance shall be granted any such yes
States shall present his shipping arti
cles at the Office of clearance and NJ
clearance shall be granted any such YES
, | sci unless the provisions of this section
, have been complied with
eco That under the direction o
! the secretary of commerce and labo
the commissioner of navigation shall
q make regulations to carry out this sec
ton. y"
r &C. No wages due or accruing to an
. seaman or apprentice shall be subjec
to attachment or arrestment from an
, court, and every payment of wages t
' a seaman or apprentice shall be vail
. in law, notwithstanding any previou
n sale OF assignment of wages or of an
= attachment, eneumbrance, or arrest
{ ment thereon, and no assignment or sal
e of wages or of salvage made prior to tn
ACQUIRING thereof shall pInd the part
2 making the same except such allo'
' ments as are authorized by this it'll
+ This section shall apply to fisherme
v employed on fishing vessels as well a
$ to other seamen.
T No Foreign Crew.
e "That no vessel, except those navig;
e ting rivers exclusively and except .
I provided in (another) section of this ac
e shall be permitted to depart from an
I port of the United States unless sh
has on board crew not less than sever
T five per eentum of which, in each d.
: partment thereof, ane able to unde
:, stand any order given by the officer
c of such vessel, nor unless forty pr
o centum in the first year, forty-fve pc
) centum in the second year, fifty pc
. centum in the third year, ffty-five pr
: centum in the fourth year after til
= passage of this act, and thereafter 81
ty-five per centum of her deck creV
!, exclusive of licensed officers, are of
u rating not less than able seaman: Pr
< vided, that no vessel carrying passei
y gers, except those navigating rivel
: and harbors exclusively, shall be pc
:, mitted to depart from any port of tn
= United States unless she shall have
= sufficient crew TO man each llfebof
y with not less than two men OF the IA
ing Of able seaman or higher.