Page:United States Statutes at Large Volume 17.djvu/307

FORTY-SECOND CONGRESS. Sess. II. Ch. 322. 1872. 267 Sec. 23. That every master shall, not less than forty-eight hours be- Master to defore paying off or discharging any seaman, deliver to him, or if he is to “"°’ S"“'“““· °'· be discharged before a shipping-commissioner, to such shipping-commis— ngzzlegipor, sioner, a full and true account of his wages, and all deductions to be payiiie Mir 063 made therefrom on any account whatsoever; and in default shall, for each Q? ”’°°°““° °£ offence, incur a penalty not exceeding fifty dollars; and no deduction from the wages of any seaman (except in respect of any matter happen- D*>d¤•>li°¤¤? ing after such delivery) shall be allowed, unless it is included in the account delivered; and the master shall, during the voyage, enter the various , *° b? °’**°'°d matters in respect to which such deductions are made, with the amounts l)I:)(?l;H<;:8i5i;lq€·hall of the respective deductions as they occur, in a book to be kept for that be piioduced if purpose, to be called the "Oflicial Log-book," as hereinafter provided, and ‘°‘l“l"’d· shall, if required, produce such book at the time of the payment of wages, and, also, upon the hearing, before any competent authority, of any complaint or question relating to such payment. Sec. 24. That upon the discharge of any seaman, or upon payment of ,C°“m°¤'° °*` his waves the master shall sirrn and ¤·ive him a certificate of discharge °hs°h“ig° t° w" e » e e s » man form &e. specifying the period of his service and the time and place of his dis- ot i i i charge, in the form hereto annexed, marked "E;" and if any master S" P·2S0· fails to sign and give to any such seaman such certificate and discharge, he shall, for each such offence, incur a penalty not exceeding fifty dollars: Y’¤¤==¤l¤y· Provided, That the proviso annexed to section twelve, which applies to Se¤=>§ 12- masters of vessels engaging seamen under that proviso, shall also apply A’""* P" 26* to such masters of vessels in the discharge of seamen. Sec. 25. That every shippingwommissioner shall hear and decide any §hipping-comquestion whatsoever between a master, consignce, agent, or owner, and ggggggngggggy any of his crew, which both parties agree in writing to submit to him;q“,,si;m,,. bi,- and every award so made by him shall be binding on both parties, and §,;'°°¤ ¤¤¤i'f*’» shall, in any legal proceedings which may be taken in the matter, before gr t K any court of justice, be deemed to be conclusive as to the rights of par— ties, and any document purporting to be under the hand and official seal _¤r{¤¤\ ¤<> be of a commissioner, such submission or award shall be prima—facie evidence °“ mth thereof P ’ Sec. 26. That in any proceeding relating to the wages, claims, or dis- may require charge of any seaman, carried on before any shipping-commissioner, ?/;}s**;;°’r‘;:,';‘§;* under the provisions of this act, such shipping-commissioner may call loglboolli papers, upon the owner, or his agent, or upon the master, or any mate, or any &<=; _ other member of the crew, to produce any log-books, papers, or other m;';;);, °_Q’;"""° documents in their respective possession or power, relating to any matter i in question in such proceedings, and may call before him and examine any of such persons, being then at or near the place, on any such matter; and every owner, agent, master, mate, or other member of the crew, who, when called upon by the shippingcommissioner, does not produce any such books, papers, or documents as aforesaid, if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable cause for such a default, for each offence incur a penalty not Penalty on exceeding one hundred dollars, and, on application being made by the ;‘:s":}`,;£‘l°];é_f°’ shipping-commissioner, shall be further punished, in the discretion of the (mL0d_ pmduccourt, as in other cases of contempt of the process of the court. his p¤1¤¤¤"S»‘&}¤-. Sec. 27. That the following rules shall be observed with respect tp the Q; Q‘lE,i‘;Q[]f;r"'g settlement of wages, that is to say: First, upon the completion, before a Rules as to me shipping-commissioner, of any discharge and settlement, the master or f:;‘l°;“°"* °f owner and each seaman respectively, in the presence of the shipping·com- ge ` missioner, shall sign a mutual release of all claims for wages in respect of si Piliggugl 1*:;;;*;; the past voyage or engagement, and the shipping-commissioner shall also jd Seanfgu, &c_ sign and attest it, and shall retain it in a book to be kept for that purpose: Provided, That both the master and seamen assent to such settlement, or the settlement has been adjusted by the shipping-commissioner; secondly, gsm of N. such release so signed and attested shall operate as a mutual discharge lem-