Year: 1872

SEC. 81. That whenever any seaman wht


has been lawfully engaged, or any appren
tice to the sea srrvice, commits any OF thF
following Offenses, he shall be liable to DC


punished as follows that is to say: first, tol
desertion, he shall be liable to Imprisonment
for any period not exceeding three months


and also to forfeit all or any part OF the


clothes or effects he leaves on board


and all or any part Of the wages or emol,


uments which he has then earned second
| 1y, for neglecting and refusing, without


reasonable cause, to JOIN his ship, or to pro


ceed to sea in his ship, or for absence with


out leave at any time within tWenty-fouI
| hours of the ships sailing from any port,


either at. the commencement or during the


progress of any voyage, or for absence at
| any time without leave, and without suth-


eient reason, from his ship, or from his
| duty, not amounting to desertion, or not
| treated as such by the master, he shall De
| liable to Imprisonment for any period not
| exceeding one month, and also, at the dis
| cretion of the court, to forfeit out OF his


wages a sum not exceeding the amount OF


two days pay, and, in addition, for every
| twenty four hours Of absence, either a sum


not exceeding six days pay, or any ex-
| penses which have been properly incurred
in hiring a substitute; thirdly, for quitting
! the ship without leave after her arrival at
her port of delivery, and before she is
pldCGO Ill GtCuIlU}J u6 Su6tII UG lldUlt W lOI-
felt out OF his wages a sum not exceeding
one months pay; fourthly, for willful
disobedienee to any lawful command, he
shall be liable to Imprisonment for any pc


riod not exceeding two months and also,
at the discretion Of the court, to forfeit out
of his wages sum not exceeding four days


pay; filthy for continued willful disObe


dience to lawful commands, or continued


willful neglect of duty, he shall be liable


to imprisonment for any period not exceed


ing six months, and also, at the discretion


of the court, to forfeit, for every twenty


four hours continuance of such diSObedi-


ence or neglect either sum not exceeding


twelve days pay, or any expenses which


have been properly incurred in hiring


substitute; slXthly, for assauItlng any


master or mate, he shall be liable to impris-


onment for any period not exceeding two


years; seventhly. for combining with any


other or others of the crew to diSobeY lawful


commands or to neglect duty, or to impede


navigation of the ship, or the progress of


the voyage, he shall be liable to imprison-


ment for any period not exceeding twelve


months; eighthly, for willfully damaging the


ship or embezzling or willfully damaging


any of the stores or cargo, he shall be liable


to forfeit out of his wages a sum equal in


am0unt.t0 the loss thereby sustained, and


also, at the discretion of the court, to i'm


prisonment for any period not exceeding


twelve months; ninthly, for any act Of


smuggling of which he is convicted, and


whereby loss or damage is occasioned


to the master or owner, he shall be
liable to pay such master or owner such


a sum as is sufficient to reimburse the
master or owner for such loss or c.


age, and the whole or any par8 f
his wages may be retained in satisfaction
or on account of such liability, and shall
also be liable to imprisonment for period
not exceeding twelve months.


SEC 32gIhat upon the commission OF any
of the otfenses enumerated in the last pre-
cediug section an entry thereof shall be


made in the official log book, and shall be
signed by the master and also by the mate
or one of the crew; and the offender, if still
in the ship, shall before the next subs8-
quent arrival Of the ship at any port, or if
she is at the time IN port. before her de-
parture theretrom, either be furnished with
a copy of such entry, or have the same.
read over distinctly and aUdibly to him,
and may thereupon make such reply thereto
as he thinks fit; and a statement that
copy OF the said entry has been so fur
nished or that the same has been so read
over as aforesaid, and the reply (if any


made by the offender, shall likewise be
entered and signed in manner aforesaid;
and in any subsequent legal proceedings
the entries hereinbefore required shall, if
practicable, be produced or proved, and in
default Of such production or proof, the
court hearing the case may, at It's discre-
ton, refuse to receive evidence Of the Of
fense.


Sec. 50. That whenever, either at the com
mencement or during the progress of any
voyage, any seaman or apprentice neglects
or refuses to join, or deserts from or refuses
to proceed to sea, in any ship in which he is |
duly engaged to serve, or is found other |
wise absenting liIn:elf therefrom without
leave, the master, or any mate, or tie |
owner, or c0nsignee, or shipping commits
sioner, may, in any place in the United |
States, with or without the assistance of the |
local public officers or cGnstables, who are
hereby directed to give their assistance if |
required, and also at any out Of the United |
States, if and so far as the, avs in force at |
such place will permit, apprehend him
without first procuring warrant, and may
in any case, and shall in case he |
so requires, and it is practicable, convey
him before any court of justice or justices
of any State, city, town. or county, within
the United States capable of taking cog
nizance of offenses of like degree and kind
of the matter, to be dealt with according to
the provisions hereinbef0re contained in
reference to such cases; and may, for the
purpose of conveying him before such court
of justice, detain him in custody for pc
riod not exceeding twenty-fOur hours, or |
y
if he does not so require, or if there is no
such court at or near the place, at
once convey him on board; and if such
appears to the court of
Justice before which the case is brought to
have been made on improper or on INSULT
oient grounds, the master, mate, consignee
Dr shipping commissioner who makes the
same, or causes the same to be made, stall
ncur penalty not exceeding one hundred
dollars; but such penalty, if inflicted. shall
be bar to any action for false imprison-
ment.


SEC. 81. That any master of, or any sea
nan or apprentice belonging to. anv mer-
chant ship who, by willful breach of duty.or
who, by reason of drunkenness, does any act
ending to the immediate loss destruction
II serious damage to such ship, or tending
to endanger the life or limb of
my person belonging to or on board of such
ship, or who, by Willful breach of duty. or
Dy neglect of duty, or by reason of drunk.
,nness, refuses or omits to do any lawful
lct proper and requisite to be done by him
or preserving such ship from immediate
oss, destruction or serious damage, or for
preserving any person belonging to or on
BOARD OF such ship from immediate danger
@ life or limb, shall, for every such offense,
)e deemed guilty of a misdemcanor and
hall be liable to Imprisonment for a period
lot exceeding twelve months.


SEC. 3d. That all clothes, effects and wages
which. under the provisions of this act.
re forfeited for desertion, shall be applied. |
Il the first instance, in payment of the ex-
,enses occasioned by such desertion to the
Master or owner of the ship from which the |
,esertion has taken place, and the balance
if any shall be paid by the master or
Wner to any shipping. commissioner resi-