Year: 1872

III ODLlCAN, IHURSDA


amount of wages each seaman is to receive


sfxthly, scale Of the provisions which ar


to be turnIstfedato each seaman; seventhty


any regulations as to conduct on board, ant


as to fines, short allowance of provisions


or other lawful punishment for misconduc


as may be sanctioned by Congress as reg


ulatiOns proper to be adopted, and which


the parties agree to adopt; eighthly, am


stipulati0ns in reference to advance anC


allotmenttOf wages, or other matters no


contrary to law: provided, that Wheneve1


the master of any vessel shall engage hi


crew, or any part of the same, in any Gus


toms district where no shipping commits


sioner shall have been appointed under sec


tiOn one of this act, he may perform for him


self the duties of such commissioner, in like


manner as is provided by the proviso o


section eight of this act; provided further


that this section shall not apply to masters


of vessels where the seamen are by


custom or agreement entitled to participate


in the profits or result of a cruiseer voyage


nor to masters of coastwise nor to masters
| Of lake-going vessels that touch at foreign


ports; but seamen may, by agreement


serve on board such vessels definite time


or on the return of any vessel to port in
the United States may reship and sail in





the payment of additional fees to the ship
ping commissioner by either the seamen or
| the master.


SEC. 49, That the following rules shall be
| observed with respect to agreements: First,
every agreement Except in such cases OF
! agreements as are hereinafter specially pro-
| vided for) shall be signed by each seaman
in the presence of a shipping commissioner;
! secondly, when the crew Is first engaged
| the agreement shall be signed in duplicate,
| and one part shall be retained by the ship.
! ping-commissioner, and the other part shall
contain special place or form &Or the de-
scriptionsand signatures of persons engaged
! subsequently to the first departure of the
! ship, and shall be delivered to the master;
thirdly, every agreement entered into be-
| fore shipping commissioner shall be aG-
| knowledged and certified under the hand
and official seal of such commissioner, and
shall be ind0rsed on or annexed to such
| agreement, and such certificate of acknowl-
edgement shall be in form and manner fol-
lowing, to wit:


estate of --, county of -:


son this -- day of -- personally
appeared before me, shipping commits
sioner in and for the said county, A. B., G.
d. and E. F., severally known to me to be
the same persons who executed the fOrego-
ing instrument, who each for himself ae
knoWledged to me that he had read or had
heard read the same; that he was by me
made acquainted with the conditions
thereof, and understood the same, and that
while sober, and not in a state Of intoxica-
ton, he signed it freely and voluntarily, for
the uses and purposes therein mentioned"


SEC. IA. That first, if any person shall be
carried to sea as one of the crew on board of,
any ship making voyage as hereinbef0re
specified without entering into an agree
with the master said shin in hn
form and manner and at the place and times
hereby in such cases required the ship shall
be held liable, and for each such Offense
shall incur penalty not exceeding two
hundred dollars; provided always, that the
ship shall not be held liable for any person
carried to sea who shall have secretly
slowed away himself without the knowI-
edge of captain, mate, or of any Of the Off
GERS of the ship, or who shall have falsely
persOnated himself to the captain, mate, or
officers of the ship for the purpose of being
carried. to sea; secondly, if any master
mate or other officer of ship knowingly
receives, or accepts to be entered on board of
any merchant ship, any seaman who has
been engaged or supplied contrary to the
provisions Of this act, the ship on board of
which such seaman shall be found shall, for
every such seaman, be tablet to and incur
a penalty of sum not exceeding two hun
dred dollars; provided further, that in case
of desertiOn, or of casualty resulting in the
loss OF one or more seamen, the master may
ship a number equal to the number Of
whose services he has been deprived by de-
sertion or casualty, and report the same to
the United States consul at the first port at
which he shall arrive, without incurring
such penalty.


SEC. Is. That every master of merchant
ship of the United States who engages any
seaman at place out of the United States,
in which there is a consular officer Or com
mercial agent, shall, before carrying such
seaman to sea, procure the sanction of such
officer, and shall engage seamen before
such officer; and the same rules as are
hereinbefore contained with respect to the
engagement lOf seamen before a shipping
commissioner in the United States shall
apply to such engagements made, before
consular officer or commercial agent and
upon every such engagement the consular
officer or commercial agent shall indOrse
upon the agreement his sanction thereof
and an 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 seaman in
any place in which there is consular Off
Ger or commercial agent otherwise than as
hereinbefore required, shall incur a penalty
not exceeding one hundred 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 recover the highest rate of wages
of the port from which the seaman was
shipped.


SEC. l6. That all stipulations for the al
lOtment 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 such /
payments are to be made.


SEC. II. That no advance of wages shall |
be made or advance security given to any
person but to the seaman himself, Or to his
wife or mother; and no advance of wages
shall be made, or advance security given,
unless the agreement contains stipulation |
for the same, and an accurace statement of |
the amount thereof; and no advance wages
or advance security shall be given to any
seaman except in the presence Of the ship
ping commissioner.


SEC. Is. That if any advance in wages is
made or advance security given to any sea-
man IN any such manner as to cOnstiAlIte a
breach Of any of the above provisions. the
wages Of such seaman shall be recoverable
1y him as if no such advance had been made
~ promised; and in the case of any ad-
vance security so given no person shall be
5ued thereon unless he was a party to such
preach.


Sec l9. Thatswhenever any advance Sc
'WIty is discounted fer any seaman. such
eaman shall sign or set his mark to re-
'eipt indorsed on the security, stating the
nm actually paid or accounted for to him
N the person discounting the same and if
he seaman sails in the ship from the port Of
departure mentioned in the security, and is