Imágenes de páginas
PDF
EPUB

actual arrival, and before she has been completely moored, without permission of the master, shall, for every such offense, be punishable by a fine of not more than two hundred dollars, and by imprisonment for not more than six months; and the master of such vessel may take any such person so going on board into custody, and deliver him up forthwith to any constable or police-officer, to be by him taken before any justice of the peace, to be dealt with according to the provisions of this Title.

SEC. 4607. If, within twenty-four hours after the arrival of any vessel at any port in the United States, any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the permission of the master, he shall, for every such offense, be punishable by a fine of not more than fifty dollars, or by imprisonment for not more than three months.

SEC. 4608. No seaman in the merchant-service shall wear any sheathknife on shipboard. It shall be the duty of the master of any vessel registered, enrolled, or licensed under the laws of the United States, and of the person entering into contract for the employment of a seaman upon any such vessel, to inform every person offering to ship himself of the provisions of this section, and to require his compliance therewith, under a penalty of fifty dollars for each omission, to be sued for and recovered in the name of the United States, under the direction of the Secretary of the Treasury; one half for the benefit of the informer, and the other half for the benefit of the fund for the relief of sick and disabled seamen.

SEC. 4609. If any person shall demand or receive, either directly or indirectly, from any seaman or other person seeking employment as a seaman, or from any person on his behalf, any remuneration whatever other than the fees hereby authorized, for providing him with employ ment, he shall, for every such offense, be liable to a penalty of not more than one hundred dollars.

SEC. 4610. All penalties and forfeitures imposed by this Title, for the recovery whereof no specific mode is herein before provided, may be recovered, with costs, in any circuit court of the United States, at the suit of any district attorney of the United States, or at the suit of any person by information to any district attorney in any port of the United States, where or near to where the offense is committed or the offender is found; and if a conviction is had, and the sum imposed as a penalty by the court is not paid either immediately after the conviction, or within such period as the court at the time of the conviction appoints, it shall be lawful for the court to commit the offender to prison, there to be imprisoned for the term hereinbefore provided in case of such of fense, the commitment to be terminable upon payment of the amount and costs; and all penalties and forfeitures mentioned in this Title for which no special application is provided, shall, when recovered, be paid and applied in manner following: So much as the court shall determine,* and the residue shall be paid to the court and be remitted from time to time, by order of the judge, to the Treasury of the United States, and appropriated as provided for in section forty-five hundred and forty-five:

In the bill (H. R. 2044) to authorize the appointment of shipping commissioners, as reported in the House, March 20, 1872, this clause reads as follows: "So much as the court shall determine, but not exceeding one-half, shall be paid to the informer o person upon whose discovery and information the same shall be recovered, and the residue shall be paid," &c.

Provided always, That it shall be lawful for the court before which any proceeding shall be instituted for the recovery of any pecuniary penalty imposed by this act, to mitigate or reduce such penalty as to such court shall appear just and reasonable; but no such penalty shall be reduced to less than one third of its original amount: Provided also, That all proceedings so to be instituted shall be commenced within two years next after the commission of the offense, if the same shall have been committed at or beyond the Cape of Good Hope or Cape Horn, or within one year if committed elsewhere, or within two months after the return of the offender and the complaining party to the United States; and there shall be no appeal from any decision of any of the circuit courts, unless the amount sued for exceeds the sum of five hundred dollars.

SEC. 4611. Flogging on board vessels of commerce is hereby abolished. SEC. 4612. In the construction of this Title, every person having the command of any vessel belonging to any citizen of the United States shall be deemed to be the "master" thereof; and every person (apprentices excepted) who shall be employed or engaged to serve in any capacity on board the same shall be deemed and taken to be a " seaman;" and the term "vessel" shall be understood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the provisions of this Title may be applicable, and the term "owner" shall be taken and understood to comprehend all the several persons, if more than one, to whom the vessel shall belong.

SCHEDULE.

TABLE A.

FORM OF ARTICLES OF AGREEMENT.

UNITED STATES OF AMERICA.

(Date and place of first signature of agreement, including name of shipping-office.)

It is agreed between the master and seamen or mariners of the

of which

[ocr errors]
[ocr errors]

is at present master, or whoever shall go

to

[ocr errors]

for master, now bound from the port of (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated.)

And the said crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the said master, or of any person who shall lawfully succeed him, and of their superior officers in everything relating to the vessel, and the stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service, to be duly performed, the said master hereby agrees to pay the said crew, as wages, the sums against their names respectively expressed, and to supply them with provisions according to the annexed scale. And it is hereby agreed that any embezzlement, or willful or negligent destruction of any part of the vessel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the same; and if any person enters himself as qualified for a duty which he proves himself incompetent to perform, his wages shall be reduced in proportion to his incompetency. And it is also agreed that if any member of the crew considers himself to be aggrieved by any breach of the agreement or otherwise, he shall represent the same to

[blocks in formation]

the master or officer in charge of the vessel, in a quiet and orderly manner, who shall thereupon take such steps as the case may require. And it is also agreed that (here any other stipulations may be inserted to which the parties agree, and which are not contrary to law).

In witness whereof the said parties have subscribed their names hereto, on the days against their respective signatures mentioned. Signed by master, on the -day ofhundred and

Descrip
Height.. tion.

[ocr errors]

Time of
service.

-, eighteen

NOTE. In the place for signatures and descriptions of men engaged after the first departure of the ship, the entries are to be made as above, except that the signatures of the consul or vice-consul, officer of customs, or witness before whom the man is engaged, is to be substituted for that of the shipping-master.

[blocks in formation]

Bread.

SCALE OF PROVISIONS TO BE ALLOWED AND SERVED OUT TO THE CREW

DURING THE VOYAGE.

[blocks in formation]
[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][ocr errors]
[blocks in formation]

Lbs. Lbs. Lbs. Pts. Pts.

[merged small][ocr errors]

(Here any stipulation for changes, or substitution of one article for

another, may be inserted.)

[blocks in formation]

2222222

Water

| Conduct qualifications.

SUBSTITUTES.

One ounce of coffee, or cocoa, or chocolate, may be substituted for one quarter ounce of tea; molasses for sugar, the quantity to be onehalf more; one pound of potatoes or yams, one-half pound flour or rice; (one-third pint of pease or one-quarter pint of barley may be substituted for each other. When fresh meat is issued, the proportion to be two pounds per man per day, in lieu of salt meat. Flour, rice, and pease, [bejef and pork, may be substituted for each other, and, for potatoes, [onfions may be substituted.

TABLE B.

CERTIFICATE OF DISCHARGE.

I certify that the above particulars are correct, and that the abovenamed seaman was discharged accordingly.

Dated day of

(Signed)

(Countersigned)

-, eighteen hundred and

Seaman.

Given to the above-named seaman in my presence this

eighteen hundred and

(Signed)

TABLE C.

FEES, (SEAMEN.)

Master.

day of

Shipping-Commissioner.

Fee payable on engaging crew, for each member of the crew, (except apprentices)

Fee payable on discharging crew, for each member of crew discharged......

TABLE D.

FEES, (APPRENTICES.)

For each boy apprenticed to the merchant service, including

the indenture....

$2.00

50

$5.00

TABLE E.

DEDUCTION FROM WAGES OF SEAMEN.

In partial repayment of the fees payable in Table C, in respect of engagements, from the wages of each member of the crew, twenty-five

cents.

In respect of discharges, from the wages of each member of the crew, twenty-five cents.

CHAP. 260.-An act in reference to the operations of the shipping commissioners' act, approved June seventh eighteen hundred and seventy-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That none of the provisions of an act entitled "An act to authorize the appointment of shipping commissioners by the several circuit courts of the United States to superintend the shipping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen" shall apply to sail or steam vessels engaged in the coast wise trade, except the coastwise trade between the Atlantic and Pacific coasts, or in the lake-going trade touching at foreign ports or otherwise, or in the trade between the United States and the British North American possessions, or in any case where the seamen are by custom or agreement entitled to participate in the profits or result of a cruise, or voyage.

Approved, June 9, 1874.

MERCHANT SEAMEN.

(Act of June 26, 1884.)

SEC. 2. That section forty-five hundred and eighty of the Revised Statutes be amended so as to read as follows:

"SEC. 4580. Upon the application of the master of any vessel to a consular officer to discharge a seaman, or upon the application of any seaman for his own discharge, if it appears to such officer that said seaman has completed his shipping agreement, or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States, such officer shall discharge said seaman, and require from the master of said vessel, before such discharge shall be made, payment of the wages which may then be due said seaman; but no payment of extra wages shall be required by any consular officer upon such discharge of any seaman except as provided in this act."

SEC. 3. That section forty-five hundred and eighty-three of the Revised Statutes be amended so as to read as follows:

"SEC. 4583. Whenever on the discharge of a seaman in a foreign country, on his complaint that the voyage is continued contrary to agreement, the consular officer shall be satisfied that such voyage has been designedly and unnecessarily prolonged in violation of the articles of shipment, or whenever a seaman is discharged by a consular officer in consequence of any hurt or injury received in the service of the vessel,

« AnteriorContinuar »