Page:United States Statutes at Large Volume 17.djvu/305

FORTY—SECOND CONGRESS. Sess. H. Ch. 322. 1872. 265 voyage without the payment of additional fees to the shipping-commissoner mont of addiby either the seaman or the master. tional FM- Ssc. 13. That the following rules shall be observed with respect to Sei>d.·iilii.i1io?5· agreements: First, every agreement (except in such cases of agreements Rules as to as are hereinafter specially provided for) shall be signed by each seaman °g“’°m°m°i in the presence of a shipping-commissioner; secondly, when the crew is signatures by first engaged the agreement shall be signed in duplicate, and one part shall ”’*m°¤¥ he retained by the shippingcommissioner, and the other part shall contain a special place or form for the description and signatures of persons engaged subsequently to the first departure of the ship, and shall be delivered to the master; thirdly, every agreement entered into before a shipping-commissioner shall be acknowledged and certified under the hand °€’*m°”° °f and official seal of such commissioner, and shall be indorsed on or annexed §;(,:€W1€dg` to such agreement, and such certificate of acknowledgment shall be in form and manner following, to wit: " State of —-—-, county of ---2 “ On this ---— day of -—-——, personally appeared before me, a ship- Form. ping·commissioner in and for the said county, A. B., C. D., and E. F., severally known to me to be the same persons who executed the foregoing instrument, who each for himself acknowledged 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 intoxication, he signed it freely and voluntarily, for the uses ang purposes therein mentioned." 1:0. 14. That, first, if any person shall be carried to sea as one of the Penalty upon crew on board of any ship making a voyage as hereinbefore specified with- Such Ymels f°*‘ out entering into an agreement with the master of said ship, in the form §?,`;yQ;,§,,t§“S°“ and manner and at the place and times hereby in such cases required, the ship without such shall be held liable, and for each such offence shall incur a penalty not exceeding two hundred dollars: Provided always, T hat the ship shall not mmm Y be held liable for any person carried to sea who shall have secretly stowed away himself without the knowledge of captain, mate, or of any of the officers 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 a ship knowingly receives, if any Gmcé, or accepts to be entered on board of any merchant ship, any seaman who receives 0'¤ b<>Md. has been engaged or supplied contrary to the provisions of this act, the gg3S3Q0f;;`;; ship on board of which such seaman shall be found shall, for every such to this nc;. seaman, be liable to and incur a penalty of a sum not exceeding two hun— dred dollars: Provided further, That in case of desertion, or of casualty Losses by resulting in the loss of one or more seamen, the master may ship a number be equal to the number of whose services he has been deprived by desertion s,,pp],,X_ y or casualty, and report the same to the United States consul at the first port at which he shall arrive, without incurring such penalty. _ See. 15. That every master of a merchant ship of the United States flglvlgcg tim who engages any seaman at a place out of the United States, in which gm,,`;, Sgénienm there is a consular officer or commercial agent, shall, before carrying such be engaged before seaman to sea, procure the sanction of such officer, and shall engage sea- g;’;‘$“l"’ °m°°'*‘· men before such officer; and the same rules as are hereinbefore contained game rules to with respect to the engagement of seamen before a shipping-commissioner ¤PPb’· in the United States shall apply to such engagements made before consular Oflicer or commercial agent; and upon every such engagement the consular C0;lS$ll%F OH? officer or commercial agent shall indorse upon the agreement his sanction Sign géileggztq thereof, and an attestation to the effect that the same has been signed in src; his presence, and otherwise made as hereby required; and every master mgS*;;2*g’”_“P°¤ who engages any seaman in any place in which there is a consular officer ,,,;,8,,,,,,, mgag, 0I` Gommercial agent otherwise than as hereinbefore required shall incur a inggieamegi penalty not exceeding one hundred dollars, for which penalty the ship shall {mh ggrégmghm be held liable; and all such agreements so made shall be void, and the sea- mm,