Page:United States Statutes at Large Volume 17.djvu/306

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266 FORTY-SECOND CONGRESS. Sess. II. C1-1. 322. 1871. men so engaged shall be entitled to recover the highest rate of w s of the port from wh1ch the seaman was shipped. 8uS¤;!x;¤l¤;ti¢;_¤¤¤g Sec. 16. That all stipulations for the allotment of any part of the 0f2a;; (ff 5:* wages of a seaman during his absence which are made at the commencemu. ment of the voyage shall be inserted in the agreement, and shall state the amounts and times of the a ments to be made, and the ersons to h h t 1; ll had P w om suc paymen s are o e e. Wages to be Sec. 17. That no advance of wages Shall be made or advance security gggggegkagig given to any person but to the seaman himself, or to his wife or mother; himself; 0,-_ 5;.,,, and no advance of wages shall be made, or advance security given, unless

  3 the agreement contains a stipulation for the same, and an accurate state-

&c_. °’ ment of the amount thereof; and 110 advance wa es or advance secu;-it 1 • • g • . y shall be given to any seaman except in the presence of the shipping-commissioner. hg;) zig- Sec. 18. That if any advance of wages is made or advance security wages my be ° ’ given to any seaman in any such manner as to constitute a breach of any recovered by sea- of the above provisions, the wages of such seaman shall be recoverable by “‘“"· &°· him as if no such advance had been made or promised; and in the case of any advance security so given 110 person shall be sued thereon unless he was a party to such breach._ When ad- Sec. 19. That whenever any advance security is discounted for an . . _ _ _ Y 5;;;*; " seaman, such seaman shall sxgn or set his mark to a receipt indorsed on any semnmb ye. the security, stating the sum actually paid or accounted for to him by

 *0 W $*%*1% the person discounting the same; and if the seaman sails in the ship from

the port of departure mentioned in the security, and is then duly earning _ his wages, or is previously d1suharged with the eonsent of the master, but cogsgn. $1:- not otherwise, the person discounting the secumty may, ten days after the mumygmay we final departure of the ship from the said port of departure mentioned in 21- amount, if, the securitynsue for and recover the amount promised by the security, °· with costs, either from the owner or from any agent who has drawn or authorized the drawing of the security, in any justice’s or other competent court; and IH any such proceeding It shall be sufficient for such person to prove the security was given by the owner or master, or some pmh in Such other authorazed agent, and that the same was d1scounted to and receipted cnn. by- the seaman, and the seaman shall be presumed to have sailed in the ship from sueh port 2; aforesaid, and to be duly earning his wages, unless ie con rary IS prove . °fI;g5ii3t;s,<;_py Sn:0. 20. That the master shall, at the commencement of every voy- agmmmt Ln be ago or engagement, cause a legible copy of the agreement (omitting sig- Lggiliqdin {hg nature?1 towbehplaced or gosteddup in such part of the ship as to be · accessi 0 the crew; an on efaut shall for each offence incur a Seamen Sign, peréalty not eliiceediug one hundred dollars. , , .n H _} · _ _ EC. ‘- . iat any seaman who has signed an agreement and is afterlnglglglllldhlg wards discliarged before the commencement of the voyage or before one gufssduhmrs, month’s wages are earned, without fault on his part justifying such disthe;`. hum my charge, and with0ut his consent, shall be entitled to receive from the mas— recover what ter or owner, in addition to any wages he may have earned, n, sum equal in amount to one month's wages as compensation, and may, on adducing such evidence as the court hearing the case deems satisfactory of having been so improperly discharged as aforesaid, recover such compensation as if IC were wages duly earned. chgjggwniiz Sec. 22. Phat all seamen discharged in the United States from mer- Ummd Sum chant ships engaged in voyages as described in section twelve of this act

h.:r stnzch voy- shall be discharged and receive their wages in the presence of a duly

pin; wages, (Sm., authorized shipping-commissioner- under this act, except in cases where ,?_p,q,u,w of some competent eourt otherwise directs; and any master or owner of any

¤I;;gi>:)hl€;_;¤¤;- such ship- who discharges any such seaman belonging thereto, or, except

· as aforesaid a s his waves w'th` th U ° d ' 1w_ gw, _ , P y ·¤ 1 m e mte States m any other man- Penalty. ner, shall incur a penalty not exceeding fifty dollars.