Office of the Historian

No. 13.

Department of State,
Washington, July 15, 1872.

[Circular No. 24.]

To the United States Consul at—.

Sir: A copy of an act of Congress approved by the President 7th June, 1872, 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,” is subjoined to this circular, and your attention is invited to its provisions, especially those contained in sections fifteen, thirty-six, thirty-eight, forty-four, and forty-six, and in the note appended to Table D.

The act is appointed to take effect in sixty days after its passage, that is to say, on the 6th of August, 1872.

This circular is addressed to all consuls-general, consuls, and commercial agents of the United States, although few, if any, of its provisions will require action on the part of consular officers in inland places.

You will report to the Department the date at which you receive this circular, and you will be careful to communicate to the consular agents within your jurisdiction such information as will enable them to discharge [Page 14] any duty that may become incumbent on them by the passage of this act.

I am, sir, your obedient servant,

CHARLES HALE,
Assistant Secretary.

[General nature—No. 114.]

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the several circuit courts of the United States, in which circuits there is a seaport or seaports for which there is a collector of customs, or in which there is a port of entry, shall appoint a commissioner for such seaport within their respective circuits as in their judgment may require the same, and which shall also be ports of ocean navigation; such commissioners to he termed “shipping-commissioners;” and may, from time to time, remove from office any of the said commissioners whom it may have reason to believe does not properly perform his duties; and shall provide for the proper performance of such duties until another person is duly appointed in his place; shall regulate the mode of conducting business in the shipping-offices to be established by the shipping-commissioners as hereinafter provided; and shall have full and complete control over the same, subject to the provisions herein contained.

  • Sec. 2. That every shipping-commissioner so appointed shall enter into bonds to the United States, conditioned for the faithful performance of the duties required in his office, for a sum, in the discretion of the circuit judge, of not less than five thousand dollars, with two good and sufficient securities therefor, to be approved by said judge; and shall take and subscribe the following oath before entering upon the duties of his office: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States; and that I will truly and faithfully discharge the duties of a shipping-commissioner to the best of my ability, and according to law.” Said oath shall be indorsed on the commission or certificate of appointment, and signed by him, and certified by the officer before whom such oath or affirmation shall have been taken.
  • Sec 3. That any shipping-commissioner may engage a clerk or clerks to assist him in the transaction of the business of the shipping-office, at his own proper cost, and may, in case of necessity, depute such clerk or clerks to act for him in his official capacity; but the shipping-commissioner shall be held responsible for the acts of every such clerk or deputy, and will be personally liable for any penalties such clerk or deputy may incur by the violation of any of the provisions of this act; and all acts done by a clerk, as such deputy, shall be as valid and binding as if done by the shipping-commissioner. Each shipping-commissioner shall provide a seal, with which he shall authenticate all his official acts, on which seal shall be engraved the arms of the United States and the name of the seaport or district for which he is commissioned. Any instrument, either printed or written, purporting to be the official act of a shipping-commissioner, and purporting to be under the seal and signature of such shipping-commissioner, shall be received as prima-facie evidence of the official character of such instrument, and of the truth of the facts therein set forth.
  • Sec 4. That every shipping-commissioner shall lease, rent, or procure at his own cost, suitable premises for the transaction of business, and for the preservation of the books and other documents connected therewith, and which premises shall be styled “the shipping-commissioner’s office.” And the general business of a shipping-commissioner shall be, first, to afford facilities for engaging seamen by keeping a register of their names and characters; secondly, to superintend their engagement and discharge, in manner hereinafter mentioned; thirdly, to provide means for securing the presence on board at the proper times of men who are so engaged; fourthly, to facilitate the making of apprenticeships to the sea-service; and to perform such other duties relating to merchant seamen and merchant ships as are hereby or may hereafter, under the powers herein contained, be committed to him.
  • Sec 5. That such fees, not exceeding the sums specified in the table marked A in the schedule hereto annexed, shall be payable upon all engagements and discharges effected before shipping-commissioners as hereinafter mentioned, and such shipping-commissioner shall cause a scale of the fees payable to be prepared, and to be conspicuously placed in the shipping-office; and the shipping-commissioner may refuse to proceed with any engagement or discharge unless the fees payable thereon are first paid.
  • Sec 6. That every owner, consignee, agent, or master of a ship engaging or discharging [Page 15] any seamen or seaman in a shipping-office, or before a shipping-commissioner, shall pay to the shipping-commissioner the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct in respect of each such engagement or discharge, from the wages of all persons (except apprentices) so engaged or discharged, and retain any sums not exceeding the sums specified in that behalf in the table marked Bin the schedule hereto annexed.
  • Sec. 7. That any shipping-commissioner, or any clerk or employe in any shipping-office, who shall demand or receive any remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant ships, excepting the lawful fees payable under this act., shall, for every such offense, incur a penalty not exceeding two hundred dollars.
  • Sec. 8. That in the case of any place or port in which no shipping-commissioner shall have been appointed, then the whole or any part of the businesss of a shipping-commissioner shall be conducted by the collector or deputy collector of customs of such place or port; and in respect of such business such custom-house shall be deemed a shipping-office, and the collector or deputy collector of customs to whom such business shall be committed, shall for all purposes be deemed a shipping-commissioner within the meaning of this act; and any person other than a commissioner under this act who shall perform, or attempt to perform, either directly or indirectly, the duties which are by this act set forth as pertaining to a “shipping-commissioner,” shall incur a penalty not exceeding five hundred dollars: Provided, That nothing in this act shall be construed as to prevent the owner, or consignee, or master of any ship, except such as are described in section twelve of this act, from performing himself, so far as the-said ships are concerned, the duties of shipping-commissioner under this act.
  • Sec. 9. That every shipping-commissioner appointed under this act shall, if applied to for the purpose of: apprenticing boys to the sea-service by any masters or owners of ships, or by any person or persons legally qualified, give such assistance as is in their power for facilitating the making of such apprenticeships; but the shipping-commissioner shall ascertain that the boy has voluntarily consented to be bound, and that the parents or guardian of said boy have consented to said apprenticeship, and has attained the age of twelve years, and is of sufficient health and strength, and that the master to whom the boy is to be bound is a proper person for the purpose: Provided, That said apprenticeship shall terminate when the apprentice becomes eighteen years of age. And the shipping-commissioner may receive from the persons availing themselves of such assistance the fees contained in table “C “in the schedule hereto annexed. And the shipping-commissioner shall keep a register of all indentures of apprenticeship made before him.
  • Sec. 10. That the master of every foreign-going ship shall, before carrying any apprentice to sea from any place in the United States, cause such apprentice to appear before the shipping-commissioner before whom the crew is engaged, and shall produce to him the indenture by which such apprentice is bound, and the assignment or assignments thereof, (if any,) and the name of said apprentice, with the date of the indenture and the assignment or assignments thereof (if any) shall be entered on the agreement; and no such assignment shall be made without the approval of a commissioner, the apprentice, his parents, or his guardian. And for any default in obeying the provisions of this section, the master shall, for each offense, incur a penalty not exceeding one hundred dollars.
  • Sec. 11. That if any person shall demand or receive, either directly or indirectly, from any seaman seeking employment as a seaman, or from any 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 employment, he shall, for every such offense, incur a penalty not exceeding one hundred dollars.
  • Sec. 12. That the master of every ship bound from a port in the United States to any foreign port, or of any ship of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned; and every such agreement shall be in the form, as near as may be, as hereunto in table “D,”in the schedule annexed, and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars, that is to say: First, the nature and, as far as practicable, the duration of the intended voyage or engagement, and the port or country at which the voyage is to terminate; secondly, the number and description of the crew, specifying their respective employments; thirdly, the time at which each seaman is to be on board to begin work; fourthly, the capacity in which each seaman is to serve; fifthly, the amount of wages each seaman is to receive; sixthly, a scale of the provisions which are to be furnished to each seaman; seventhly, any regulations as to conduct on board, and as to fines, short allowance of provisions, or other lawful punishments for misconduct as may be sanctioned by Congress as regulations proper [Page 16] to be adopted, and which the parties agree to adopt; eighthly, any stipulations in reference to advance and allotment of wages, or other matters not contrary to law: Provided, That whenever the master of any vessel shall engage his crew, or any part of the same, in any customs district where no shipping-commissioner shall have been appointed under section one of this act, he may perform for himself the duties of such commissioner, in like manner as is provided by the proviso of section eighth of this actProvided 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 cruise or 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 a definite time, or on the return of any vessel to a port in the United States may reship and sail in the same vessel on another voyage without the payment of additional fees to the shipping-commissioner by either the seamen or the master.
  • Sec. 13. That the following rules shall be observed with respect to agreements: First, every agreement (except in such cases of agreements as are hereinafter specially provided 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 shipping-commissioner, 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 and official seal of such commissioner, and shall be indorsed on or annexed to such agreement, and such certificate of acknowledgement shall be in form and manner following, to wit:

    “State of—, county of—:

    “On this day — of—, personally appeared before me, a shipping-commissioner in and tor 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 and purposes therein mentioned.”

  • Sec. 14. That, first, if any person shall be carried to sea as one of the crew on board of any ship making a voyage as hereinbefore specified without entering into an agreement with the master of said ship, in the 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 a 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 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, 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 liable to and incur a penalty of a sum not exceeding two hundred 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 desertion 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. 15. That every master of a merchant ship of the United States who engages any seaman at a place out of the United States, in which there is a consular officer or commercial 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 of 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 attestation 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 a consular officer 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 seaman so engaged shall be entitled to recover the highest rate of wages of the port from which the seaman was shipped.
  • Sec. 16. That air stipulations for the allotment of any part of the wages of a seaman during his absence which are made at the commencement of the voyage shall be [Page 17] 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. 17. 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 a stipulation for the same, and an accurate statement of the amount thereof; and no advance wages or advance security shall be given to any seaman except in the presence of the shipping-commissioner.
  • Sec. 18. That if any advance of wages is made or advance security given to any seaman in any such manner as to constitute a breach of any 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, no person shall be sued thereon unless he was a party to such breach.
  • Sec. 19. That whenever any advance security is discounted for any seaman, such seaman shall sign or set his mark to a receipt indorsed on the security, stating the sum actually paid or accounted for to him by 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 discharged with the consent of the master, but not otherwise, the person discounting the security may, ten days after the final departure of the ship from the said port of departure mentioned in the security, sue 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 in any such proceeding it shall be sufficient for such person to prove the security was given by the owner or master, or some other authorized agent, and that the same was discounted to and receipted by the seaman, and the seaman shall be presumed to have sailed in the ship from such port as aforesaid, and to be duly earning his wages, unless the contrary is proved.
  • Sec. 20. Thai the master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement (omitting signatures) to be placed or posted up in such part of the ship as to be accessible to the crew; and on default shall, for each offense, incur a penalty not exceeding one hundred dollars.
  • Sec. 21. That any seaman who has signed an agreement and is afterward discharged before the commencement of the voyage or before one month’s wages are earned, without fault on his part justifying such discharge, and without his consent, shall be entitled to receive from the master or owner, in addition to any wages he may have earned, a 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 it were wages duly earned.
  • Sec. 22. That all seamen discharged in the United States from merchant ships engaged in voyages as described in section twelve of this act shall be discharged and receive their wages in the presence of a duly authorized shipping-commissioner under this act, except in cases where some competent court otherwise directs; and any master or owner of any such ship who discharges any such seaman belonging thereto, or, except as aforesaid, pays his wages within the United States in any other manner, shall incur a penalty not exceeding fifty dollars.
  • Sec. 23. That every master shall, not less than forty-eight hours before paying off or discharging any seaman, deliver to him, or, if he is to be discharged before a shipping-commissioner, to such shipping-commissioner, a full and true account of his wages, and all deductions to be made therefrom on any account whatsoever; and in default shall, for each offense, incur a penalty not exceeding fifty dollars; and no deduction from the wages of any seaman (except in respect of any matter happening after such delivery) shall be allowed, unless it is included in the account delivered; and the master shall, during the voyage, enter the various matters in respect to which such deductions are made, with the amounts of the respective deductions as they occur, in a book to be kept for that purpose, to be called the “official log-book,” as hereinafter provided, and 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 his wages, the master shall sign and give him a certificate of discharge, specifying the period of his service and the time and place of his discharge, in the form hereto annexed, marked E; and if any master fails to sign and give to any such seaman such certificate and discharge, he shall, for each such offense, incur a penalty not exceeding fifty dollars: Provided, That the proviso annexed to section twelve, which applies to masters of vessels engaging seamen under that proviso, shall also apply to such masters of vessels in the discharge of seamen.
  • Sec. 25. That every shipping-commissioner shall hear and decide any question whatsoever between a master, consignee, agent, or owner, and any of his crew, which both [Page 18] parties agree in writing to submit to him; and every award so made by him shall be binding on both parties, and shall, in any legal proceedings which may be taken in the matter, before any court of justice, be deemed to be conclusive as to the rights of parties, and any document purporting to be under the hand and official seal of a commissioner, such submission or award shall be prima-facie evidence thereof.
  • Sec 26. That in any proceeding relating to the wages, claims, or discharge of any seaman, carried on before any shipping-commissioner, under the provisions of this act, such shipping-commissioner may call 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 documents in their, respective possession or power, relating to any matter 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 shipping-commissioner, 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 offense incur a penalty not exceeding one hundred dollars, and, on application being made by the shipping-commissioner, shall be further punished, in the discretion of the court, as in other cases of contempt of the process of the court.
  • Sec. 27. That the following rules shall be observed with respect to the settlement of wages, that is to say: First, upon the completion, before a shipping-commissioner, of any discharge and settlement, the master or owner and each seaman, respectively, in the presence of the shipping-commissioner, shall sign a mutual release of all claims for wages in respect of the past voyage or engagement, and the shipping-commissioner shall also 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, such release so signed and attested shall operate as a mutual discharge and settlement of all demands for wages between the parties thereto, on account of wages, in respect of the past voyage or engagement; thirdly, a copy of such release, certified under the hand and seal of such shipping-commissioner to be a true copy, shall be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence upon any future question touching such claims as aforesaid, and shall have all the effect of the original of which it purports to be a copy; fourthly, in cases in which discharge and settlement before a shipping-commissioner are hereby required, no payment, receipt, settlement,’ or discharge otherwise made, shall operate as evidence of the release or satisfaction of any claim; fifthly, upon payment being made by a master before a shipping-commissioner, the shipping-commissioner shall, if required, sign and give to such master a statement of the whole amount so paid, and such statement shall, between the master and his employer, be received as evidence that he has made the payments therein mentioned.
  • Sec. 28. That upon every discharge effected before a shipping-commissioner the master shall make and sign, in a form marked E, in schedule thereto annexed, a report of the conduct, character, and qualifications of the persons discharged, or may state on said form that he declines to give any opinion upon such particulars, or upon any of them; and the commissioner shall keep a register of the same, and shall, if desired so to do by any seaman, give to him or indorse on his certificate of discharge a copy of so much of such report as concerns him.
  • Sec. 29. That every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant ship or ships of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States, and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and shall have served said three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant ship of the United States, anything to the contrary in any previous act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.
  • Sec. 30. That a seaman’s right to wages and provisions shall be taken to commence either at the time at which he commences work, or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.
  • Sec. 31. That no seaman shall by any agreement other than is provided by this act forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled; and every stipulation in any agreement inconsistent with any provision of this act, and every stipulation by which any seaman consents to abandon his right to his wages in the case of the loss of the [Page 19] ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative.
  • Sec. 32. That no right to wages shall be dependent on the earning of freight by the ship, and every seaman and apprentice who would be entitled to demand and receive any wages if the ship on which he has served had earned freight shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same of the master or owner in personam, notwithstanding that freight has not been earned; but in all cases of wreck or loss of ship, proof that he has not exerted himself to the utmost to save the ship, cargo, and stores shall bar his claim.
  • Sec. 33. That in cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the wreck or loss of the ship, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period.
  • Sec. 34. That no seaman or apprentice shall be entitled to wages for any period during which he unlawfully refuses or neglects to work when required, after the time fixed by the agreement for his beginning work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offense committed by him.
  • Sec. 35. That the master or owner of any ship making voyages as hereinbefore described in section twelve of this act, except foreign-going ships, shall pay to every seaman his wages within two days after the termination of the agreement, or at the time such seaman is discharged, whichever first happens; and in the case of foreign-going ships, within three days after the cargo has been delivered, or within five days after the seaman’s discharge, whichever first happens; and in all cases the seaman shall, at the time of his discharge, be entitled to be paid, on account, a sum equal to one-fourth part of the balance due to him; and every master or owner who neglects or refuses to make payment in manner aforesaid without ‘sufficient cause, shall pay to the seaman a sum not exceeding the amount of two days’ pay for each of the days, not exceeding ten days, during which payment is delayed beyond the respective periods aforesaid; and such sum shall be recoverable as wages in any claim made before the court: Provided, That this section shall not apply to the masters or owners of any vessel where the seaman is entitled to share in the profits of the cruise or voyage.
  • Sec. 36. That any three or more of the crew of any merchant ship of the United States, as described in section twelve of this act, may complain to any officer in command of any of the ships of the United States Navy, or any American consular officer, or any shipping-commissioner, or any chief officer of the customs, that the provisions or water for the use of the crew are at any time of bad quality, unfit for use, or deficient in quantity; such officer shall thereupon examine the said provisions or water, or cause them to be examined; and if on examination such provisions or water are found to be of bad quality and unfit for use, or be deficient in quantity, the person making such examination shall signify the same in writing to the master of the ship; and if such master does not thereupon provide other proper provisions or water, where the same can be had, in lieu of any so signified to be of a bad quality and unfit for use, or does not procure the requisite quantity of any so signified to be insufficient in quantity, or uses any provisions or water which have been so signified as aforesaid to be of bad quality and unfit for use, he shall, in every such case, incur a penalty not exceeding one hundred dollars; and upon every such examination as aforesaid the officers making or directing the same shall enter a statement of the result of the examination in the log-book, and shall send a report thereof to the district judge of the port at which such vessel is bound, and such report shall be received in evidence in any legal proceedings.
  • Sec. 37. That if the officer to whom any such complaint as last aforesaid is made certifies in such statement as aforesaid that there was no reasonable ground for such complaint, each of the parties so complaining shall be liable to forfeit to the master or owner, out of his wages, a sum not exceeding one week’s wages.
  • Sec. 38. That if any seamen, as aforesaid, while on board any ship, shall state to the master that they desire to make complaint, as aforesaid, to any consular officer, or naval officer of any ship of the United States, or any shipping-commissioner, against the toaster, the said master shall, if the ship is then at a place where there is any such officer as aforesaid, so soon as the service of the ship will permit, and if the ship is not then at such a place, so soon after her first arrival at such place as the service of the ship will permit, allow such seamen, or any of them, to go ashore, or send him or them ashore, in proper custody, so that he or they may be enabled to make such complaint; and shall in default incur a penalty not exceeding one hundred dollars.
  • Sec. 39. That in the following cases, that is to say, first, if, during a voyage, the allowance of any of the provisions which any seaman has, by his agreement, stipulated for is reduced, (except in accordance with any regulations for reduction by way of punishment, contained in the agreement, and also for any time during which such seaman willfully, and without sufficient cause, refuses or neglects to perform his duty, [Page 20] or is lawfully under confinement for misconduct, either on board or on shore;) secondly, if it is shown that any of such provisions are, or have been during the voyage, bad in quality, and unfit for use, the seaman shall receive by way of compensation for such reduction or bad quality, according to the time of its continuance, the following sums, to be paid to him in addition to, and to be recoverable as, wages, that is to say: First, if his allowance is reduced by any quantity not exceeding one-third of the quantity specified in the agreement, a sum not exceeding fifty cents a day; secondly, if his allowance is reduced by more than one-third of such quantity, a sum not exceeding one dollar a day; thirdly, in respect of such bad quality, as aforesaid, a sum not exceeding one dollar a day. But if it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in sufficient quantities, or were unavoidably injured or lost, and that proper and equivalent substitutes were supplied in lieu thereof in a reasonable time, the court shall take such circumstances into consideration, and shall modify or refuse compensation, as the justice of the case may require.
  • Sec. 40. That every ship belonging to a citizen or citizens of the United States, as described in section twelve of this act, shall be provided with a chest of medicines; and every sailing-ship bound on a voyage across the Atlantic or Pacific Ocean, or around Cape Horn, or the Cape of Good Hope, or engaged in the whale or other fisheries, or in sealing, shall also be provided with, and cause to be kept, a sufficient quantity of lime or lemon juice, and also sugar and vinegar, or other anti-scorbutics, as Congress may sanction, to be served out to every seaman as follows, that is to say, the master of every such ship, as last aforesaid, shall serve the lime or lemon juice, and sugar and vinegar, to the crew, within ten days after salt provisions mainly have been served out to the crew, and so long afterward as such consumption of salt provisions continues, the lime or lemon juice and sugar daily at the rate of half an ounce each per day, and the vinegar weekly at the rate of half a pint per week for each member of the crew.
  • Sec. 41. That if on any such ship as aforesaid such medicines, medical stores, lime or lemon juice, or other articles, sugar, and vinegar, as are hereinbefore required, are not provided and kept on board, as hereinbefore required, the master or owner shall incur a penalty not exceeding five hundred dollars; and if the master of any such ship as aforesaid neglects to serve out the lime or lemon juice, and sugar and vinegar, in the case and manner hereinbefore directed, he shall for each such offense incur a penalty not exceeding one hundred dollars; and if any master is convicted in either of the last-mentioned penalties, and it appears that the offense is owing to the act or default of the owner, such master may recover the amount of such penalty, and the costs incurred by him, from the owner.
  • Sec. 42. That every master shall keep on board proper weights and measures for the purpose of determining the quantities of the several provisions and articles served out, and shall allow the same to be used at the time of serving out such provisions and articles, in the presence of a witness, whenever any dispute arises about such quantities, and in default shall, for every offense, incur a penalty not exceeding fifty dollars. And every vessel bound on any foreign port shall also be provided with at least one suit of woolen clothing for each seaman for use during the winter months, and every such vessel shall be provided with fuel and a safe and suitable room in which a fire can be kept for the use of seamen.
  • Sec. 43. That whenever any seaman or apprentice belonging to or sent home on any merchant ship, whether a foreign-going ship or home-trade ship, employed on a voyage which is to terminate in the United States, dies during such voyage, the master shall take charge of all moneys, clothes, and effects which he leaves on board, and shall, if he thinks fit, cause all or any of the said clothes and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the official logbook, containing the following particulars, that is to say: First, a statement of the amount of money so left by the deceased; secondly, in case of a sale, a description of each article sold, and the sum received for each; thirdly, a statement of the sum due to deceased as wages, and the total amount of deductions, if any, to be made therefrom; and shall cause such entry to be attested by the mate and one of the crew.
  • Sec. 44. That in cases provided for by the last preceding section, the following rules shall be observed: First, if the ship proceeds at once to any port in the United States, the master shall, within forty-eight hours after his arrival, deliver any such effects as aforesaid remaining unsold, and pay any money which he has taken charge of, or received from such sale as aforesaid, and also the balance of wages due to the deceased, to the shipping-commissioner at the port of destination in the United States; secondly, if the ship touches and remains at some foreign port before coming to any port in the United States, the master shall report the ease to the United States consular officer there, and shall give to such officer any information he requires as to the destination of the ship and probable length of the Voyage; and such officer may, if he considers it expedient so to do, require the said effects, money, and wages to be delivered and paid to him, and shall, upon such delivery and payment, give to the master a receipt; and [Page 21] the master shall, within forty-eight hours after his arrival at his port of destination in the United States, produce the same to the shipping-commissioner there; and such consular officer shall in such case indorse and certify upon the agreement with the crew the particulars with respect to such delivery and payment; thirdly, if such officer as aforesaid does not require such payment and delivery to be made to him, the master shall take charge of the said effects, money, and wages, and shall, within forty-eight hours after his arrival at his port of destination in the United States, deliver and pay the same to the shipping-commissioner there; fourthly, the master shall in all cases in which any seaman or apprentice dies during the progress of the voyage or engagement, give to such officer or shipping-commissioner as aforesaid an account, in such form as they may respectively require, of the effects, money, and wages so to be delivered and paid, and no deductions claimed in such account shall be allowed unless verified, if there is any official log-book, by such entry therein as hereinbefore required; and also by such other vouchers (if any) as may be reasonably required by the officer or shipping-commissioner to whom the account is rendered; fifthly, upon due compliance with such of the provisions of this section as relate to acts to be done at tire port of destination in the United States, the shipping-commissioner shall grant to the master a certificate to that effect, and no officer of customs shall clear in ward any foreign-going ship without the production of such certificate.
  • Sec. 45. That if any master fails to take such charge of the money or other effects of a seaman or apprentice during a voyage, or to make such entries in respect thereof, or to procure such attestation to such entries, or to make such payment or delivery of any money, wages, or effects of any seaman or apprentice dying during a voyage, or to give such account in respect thereof as hereinbefore respectively directed, he shall be accountable for the money, wages, and effects of the seaman or apprentice to the judicial circuit court in whose jurisdiction such port of destination is situate, and shall pay and deliver the same accordingly; and such master shall, in addition, for every such offense, incur a penalty not exceeding treble the value of the money or effects, or, if such value is not ascertained, not exceeding two hundred dollars; and if any such money, wages, or effects are not duly paid, delivered, and accounted for by the master, the owner of the ship shall pay, deliver, and account for the same, and such money and wages and the value of such effects shall be recoverable from him accordingly; and if he fails to account for and pay the same, he shall, in addition to his liability for the said money and value, incur the same penalty which is hereinbefore mentioned as incurred by the master for a like offense; and all money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the same courts and by the same modes of proceeding by which seamen are enabled to recover wages due to them.
  • Sec. 46. That if any such seaman or apprentice as last aforesaid dies at any place out of the United States, leaving any money or effects not on board of his ship, the United States consulor commercial agent at or nearest the place shall claim and take charge Of such money and effects; and such officer shall, if he thinks fit, sell all or any of such effects, or any effects of any deceased seaman or apprentice delivered to him under the provisions of this act, and shall quarterly remit to the judge of the district court, of the port from which such ship sailed or the port where the voyage terminates, all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seamen or apprentices which have come to his hands under the provisions hereinbefore contained, and shall render such accounts thereof as the district judge requires.
  • Sec. 47. That whenever any seaman or apprentice dies in the United States, and is at the time of his death entitled to claim from the master or owner of any ship in which he has served any unpaid wages or effects, such master or owner shall pay and deliver, or account for the same, to the shipping-commissioner at the port where the seaman or apprentice was discharged, or was to have been discharged.
  • Sec. 48. That every shipping-commissioner in the United States shall, within one week from the date of receiving any such money, wages, or effects of any deceased seaman or apprentice, pay, remit, or deliver to the circuit court of the circuit in which he resides, the said money, wages, or effects, subject to such deductions as may be allowed by the circuit court for expenses incurred in respect to said money and effects; and should any commissioner fail to pay, remit, and deliver to the circuit court within the time hereinbefore mentioned, he shall incur a penalty not exceeding treble the amount of the value of such money and effects.
  • Sec. 49. That if the money and effects of any seaman or apprentice paid, remitted, or delivered to the circuit court, including the moneys received for any part of said effects which have been sold, either before delivery to” the circuit court, or by its directions, do not exceed in value the sum of three hundred dollars, then, subject to the provisions hereinafter contained, and to all such deductions for expenses incurred in respect to the seaman or apprentice, or of his said money and effects, as the said court thinks fit to allow, the said court may, if it thinks fit so to do, pay and deliver the said money and effects either to any claimants who can prove themselves to the satisfaction [Page 22] of the court either to be his widow or children, or to be entitled to the effects of the deceased under his will (if any) or under the statute for the distribution of the effects of intestates or under any other statute or at common law, or to be entitled to procure probate, or take out letters of administration or confirmation, although no probate or letters of administration or confirmation have been taken out, and shall be thereby discharged from all further liability in respect of the money and effects so paid and delivered)” or may, if he thinks fit so to do, require probate, or letters of administration or confirmation, to be taken out, and thereupon pay and deliver the said money and effects to the legal personal representatives of the deceased; and if such money and effects exceed in value the sum of three hundred dollars, then, subject to deduction for expenses, the court shall pay and deliver the same to the legal personal representatives of the deceased.
  • Sec. 50. That in cases of wages or effects of deceased seamen or apprentices received by the circuit courts, to which no claim is substantiated within six years after the receipt thereof by any of the said courts, it shall be in the absolute discretion of any of such courts, if any subsequent claim is made, either to allow or refuse the same; and each of the respective courts shall, from time to time, pay any moneys arising from the unclaimed wages and effects of deceased seamen, which, in the opinion of such court, it is not necessary to retain for the purpose of satisfying claims, into the Treasury of the United States, which moneys shall form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant marine service.

DISCIPLINE OF SEAMEN.

  • Sec. 51. That whenever any seaman who has been lawfully engaged, or any apprentice to the sea-service, commits any of the following offenses, ho shall be liable to be punished as follows, that is to say: First, for desertion, he shall be liable to imprisonment for any period not exceeding three months, and also to forfeit all or any part of the clothes or effects he leaves on board, and all or any part of the wages or emoluments which he has then earned; secondly, for neglecting and refusing, without reasonable cause, to join his ship, or to proceed to sea in his ship, or for absence without leave at any time within twenty-four hours of the ship’s sailing from any port, either at the commencement or during the progress of any voyage, or for absence at any time without leave, and without sufficient reason, from his ship, or from his duty, not amounting to desertion, or not treated as such by the master, he shall be liable to imprisonment for any period not exceeding one month, and also, at the discretion of the court, to forfeit out of his wages a sum not exceeding the amount of two days’ pay, and, in addition, for every twenty-four hours of absence, either a sum not exceeding six days’ pay, or any expenses which have been properly incurred in hiring a substitute; thirdly, for quitting the ship without leave after her arrival at her port of delivery, and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month’s pay; fourthly, for willful disobedience to any lawful command, he shall be liable to imprisonment for any period not exceeding two months; and also, at the discretion of the court, to forfeit out of his wages a sum not exceeding four days’ pay; fifthly, for continued willful-disobedience to lawful commands, or continued willful neglect of duty, he shall be liable to imprisonment for any period not exceeding six months, and also, at the discretion of the court, to forfeit, for every twenty-four hours’ continuance of such disobedience or neglect, either a sum not exceeding twelve days’ pay, or any expenses which have been properly incurred in hiring a substitute; sixthly, for assaulting any master or mate, he shall be liable to imprisonment for any period not exceeding two years; seventhly, for combining with any other or others of the crew to disobey lawful commands or to neglect duty, or to impede navigation of the ship, or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve months; eighthly, for willfully damaging the ship or embezzling or willfully damaging any of the stores or cargo, he shall be liable to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, to imprisonment for any period not exceeding-twelve months: ninthly, for any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage, and the whole or any part of his wages may be retained in satisfaction or on account of such liability, and shall also be liable to imprisonment for a period not exceeding twelve months.
  • Sec. 52. That upon the commission of any of the offenses enumerated in the last preceding section, an entry thereof shall be made in the official log-book, and shall be signed by the master, and also by the mate or one of the crew; and the offender, if still in the ship, shall, before the next subsequent arrival of the ship at any port, or if she is at the time in port, before “her departure therefrom, either be furnished with a copy of such entry, or have the same read over distinctly and audibly to him, and may [Page 23] thereupon make such reply thereto as he thinks, fit; and a statement that a copy of the said entry has been so furnished or that the same has been so read over as aforesaid, and the reply (if any) made by the offender, shall likewise be entered and signed in manner aforesaid; and in any subsequent legal proceedings the entries hereinbefore required shall, if practicable, be produced or proved, and in default of such production or proof, the court hearing the case may, at its discretion, refuse to receive evidence of the offense.
  • Sec 53. That whenever, either at the commencement or during the progress of any voyage, any seaman or apprentice neglects or refuses to join, or deserts from or refuses to proceed to sea, in any ship in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master, or any mate, or the owner, or consignee, or shipping-commissioner, may, in any place in the United States, with or without the assistance of the local public officers or constables, who are hereby directed to give their assistance if required, and also at any out of the United States, if and so far as the laws in force at such place will permit, apprehend him without first procuring a warrant, and may thereupon, in any case, and shall, in case he so requires and it is practicable, convey him before any court of justice or justices of any State, city, town, or county, within the United States capable of taking cognizance of offenses of like degree and kind of the matter, to be dealt with according to the provisions hereinbefore contained in reference to such cases; and may, for the purpose of conveying him before such court of justice, detain him in custody for a period not exceeding twenty-four hours, or shorter time, as may be necessary, or may, if he does not so require, or if there is no such court at or near the place, at once convey him on board; and if such apprehension appears to the court of justice before which the case is brought to have been made on improper or on insufficient grounds, the master, mate, consignee, or shipping-commissioner who makes the same, or causes the same to be made, shall incur a penalty not exceeding one hundred dollars; but such penalty, if inflicted, shall be a bar to any action for false imprisonment.
  • Sec. 54. That any master of, or any seaman or apprentice belonging to, any merchant-ship who, by willful breach of duty, or who, by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage to such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who, by willful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, shall, for every such offense, be deemed guilty of a misdemeanor, and shall be liable to imprisonment for a period not exceeding twelve months.
  • Sec. 55. That all clothes, effects, and wages which, under the provisions of this act, are forfeited for desertion, shall be applied, in the first instance, in payment of the expenses occasioned by such desertion to the master or owner of the ship from which the desertion has taken place, and the balance (if any) shall be paid by the master or owner to any shipping-commissioner resident at the port at which the voyage of such ship terminates; and. the shipping-commissioner shall account to and pay over such balance to the judge of the circuit court within one month after said commissioner receives the same, to be disposed of by him in the same manner as is hereinbefore provided for the disposal of the money, effects, and wages of deceased seamen; in all other cases of forfeiture of wages, under the provisions hereinbefore contained, the forfeiture shall be for the benefit of the master or owner by whom the wages are payable; and in case any master or owner neglects or refuses to pay over to the shipping-commissioner such balance aforesaid, he shall incur a penalty of double the amount of such balance, which shall be recoverable by the commissioner in the same manner that seamen’s wages are recovered.
  • Sec. 56. That any question concerning the forfeiture of, or deductions from, the wages of any seaman or apprentice may be determined in any proceeding lawfully instituted with respect to such wages, notwithstanding that the offense in respect of which such question arises, though hereby made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.
  • Sec. 57. That whenever in any proceeding relating to seamen’s wages, it is shown that any seaman or apprentice has, in the course of the voyage, been convicted of any offense by any competent tribunal, and rightfully punished therefor by imprisonment or otherwise, the court hearing the case may direct a part of the wages due to such seaman, not exceeding fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring such conviction and punishment.
  • Sec. 58. That every ship making voyages as described in section twelve of this act shall have an “official log-book;” and every master of such ship shall make, or cause to be made therein, entries of the following matters, that is to say: First, every legal conviction of any member of his crew, and the punishment inflicted; secondly, every offense committed by any member of his crew for which it is intended to prosecute, or to [Page 24] enforce a forfeiture, together with such statement concerning the reading over such entry, and concerning the reply, if any, made to the charge, as hereinbefore required; thirdly, every offense for which punishment is inflicted on hoard, and the punishment inflicted; fourthly, a statement of the conduct, character, and qualifications of each of his Crew, or a statement that he declines to give an opinion of such particulars; fifthly, every case of illness or injury happening to any member of the crew, with the nature thereof, and the medical treatment, (if any;) sixthly, every case of death happening on board, with the cause thereof; seventhly, every birth happening on board, with the sex of the infant, and the names of the parents; eightly, every marriage taken place on board, with the names and ages of the parties; ninthly, the name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner, and cause thereof; tenthly, the wages due to arty seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom; eleventhly, the sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of each article sold, and the sum received for it.
  • Sec. 59. That every entry hereby required to be made in the official log-book shall be signed by the master and by the mate, or some other one of the crew, and every entry in the official log-book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence, and of the entry, respecting it; and in no case shall any entry therein in respect of any occurrence happening previously to the arrival of the ship at her final port be made more than twenty-four hours after such arrival.
  • Sec. 60. That if in any case the official log-book is not kept in the manner hereby required, or if any entry hereby directed to be made in any such log-book is not made at the time and in the manner hereby directed, the master shall, for each such offense, incur a penalty not exceeding twenty-five dollars; and every person who makes, or procures to be made, or assists in making, any entry in any official log-book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge, more than twenty four hours after such arrival, shall, for each offense, incur a penalty not exceeding one hundred and fifty dollars.

PROTECTION OF SEAMEN.

  • Sec. 61. That no wages due or accruing to any seaman or apprentice shall be subject to attachment or arrestment from any court; and every payment of wages to a seaman or apprentice shall be valid in law, notwithstanding any previous sale or assignment of such wages, or of any attachment, incumbrance, or arrestment thereon; and no assignment or sale of such wages, or of salvage made prior to the accruing thereof, shall bind the party making the same, except such advanced securities as are provided for in this act.
  • Sec. 62. That every person who, not being in the United States service, and not being duly authorized by law for the purpose, goes on board any ship about to arrive at the place of her destination before her actual arrival, and before she has been completely moored, without permission of the master, shall, for every such offense, incur a penalty not exceeding two hundred dollars, and shall be liable to imprisonment for any period not exceeding six months; and the master or person in charge of said ship may take any such person so going on board as aforesaid into custody, and deliver him up forthwith to any constable or police-officer, to be by him taken before any justice of the peace, and to be dealt with according to the provisions of this act.
  • Sec. 63. That if, within twenty-four hours after the arrival of any ship at any port in the United States, any person then being on board such ship, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such ship any effects of any seamen, except under his personal direction, and with the permission of the master, he shall, for every such offense, incur a penalty not exceeding fifty dollars, or shall be liable to imprisonment for any period not exceeding three months.
  • Sec. 64. That all penalties and forfeitures imposed by this act, and for the recovery whereof no specific mode is hereinbefore provided, shall and may be recovered with costs, either 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 shall be committed or the offender shall be; and in case of a conviction under this act, and the sum imposed as a penalty by the court shall not be paid either immediately after the conviction or within such period as the court shall at the time of the conviction appoint, it shall be lawful for the court to commit the offender to prison, there to be imprisoned for the term or terms hereinbefore provided in case of such offense, the commitment to be terminable upon payment of the amount and costs; and all penalties and forfeitures mentioned in this act, for which no special application is hereinbefore provided, shall, when recovered, be paid and applied in manner following, that is [Page 25] to say, 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 fifty of this act: 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. 65. That to avoid doubt in the construction of this act, every person having the command of any ship belonging to any citizen of the United States shall, within the meaning and for the purposes of this act, be deemed and taken to be the “master” of such ship; and that 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” within the meaning and for the purposes of this act; and that the term ship “shall be taken and understood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the provisions of this law may be applicable; and the term “owner” shall be taken and understood to comprehend all the several persons, if more than one, to v; horn the ship shall belong.
  • Sec. 66. That in no case shall the salary, fees, and emoluments of any officer appointed under this act be more than five thousand dollars per annum; and any additional fees shall be paid into the Treasury of the United States.
  • Sec. 67. That all acts or parts of acts inconsistent with the provisions of this act are hereby repealed.
  • Sec. 68. That this act shall take effect in sixty days after its passage, but its provisions in regard to appointments under it shall take effect immediately.

SCHEDULE.

Table A. (Section 5.)

Scale of fees for matters transacted at shipping-commissioners offices.

First. Fee payable on engaging crew, for each member of the crew, (except apprentices) $2 00
Secondly. Fee payable on discharging crew, for each member of crew discharged 50

Table B. (Section 6.)

Sums to be deducted from wages of seamen in partial repayment of the fees payable in table A.

In respect of engagements, from the wages of each member of the crew $0 25
In respect of discharges, from the wages of each member of the crew 25

Table C. (Section 7.)

Fees payable by the master or owner for apprenticing boys to the sea-service.

For each boy so bound, including the indenture $5 00

Table D. (Section 12.)

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— — — is at present master, or whoever shall go for master, now bound from the port of---to —(here the voyage is to be described, and the places named at which the ship 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 said ship, and [Page 26] the stores and cargo thereof, whether onboard, in boats, or on shore; and in consideration of which service, to be duly performed, the said master hereby agrees to pay to 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 ship’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 the master or officer in charge of the ship, 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 of —, eighteen hundred and —.

Signature of crew Birth place Age Height Description Wages Per month Wages per run Advance wages Amount of monthly lotment Time of service. Hospital money Whole wages Wages due Place and time of entry Time at which he is to be on board In what capacity Shipping commissioner’s signature or initials Alloted payable to— Conduct qualifications
Feet Inches Complexation Fair Moths days

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 signature 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.

Account of apprentices on board.

Christian and surname of apprentice in full. Date of registry of indenture Date of register of assignment. Port at which assignment was registered.

Table D.— (To be inserted in agreement.) —Scale of provisions to he allowed and served out to the crew during the voyage.

Bread Beef Pork Flour Peas Rice Barley Tea Coffee Sugar Water
Lbs. Lbs. Lbs. Lbs. Pts. Pts. Pts. Ozs. Ozs. Ozs. Qts.
Sunday 1 1½ ½ ⅛ ½ 2 3
Monday 1 1¼ ⅓ ⅛ ½ 2 3
Tuesday 1 1½ ½ ⅛ ½ 2 3
Wednesday 1 1¼ ⅓ ⅛ ½ 2 3
Thursday 1 1½ ½ ⅛ ½ 2 3
Friday 1 1¼ ⅓ ⅛ ½ 2 3
Saturday 1 1½ ⅛ ½ 2 3

(Here any stipulation for changes, or substitution of one article for another, may be inserted.)

[Page 27]

SUBSTITUTES.

One ounce of coffee, or cocoa, or chocolate, may bo substituted for one-quarter ounce of tea; molasses for sugar, the quantity to be one-half 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, beef and pork, may be substituted for each other, and for potatoes onions may be substituted.

Table E.—Certificate of discharge. (Section 24.)

Name and official number to ship Port of registry Tonnage Description of voyage or employment Name of seaman Place of birth Date of birth Character Declines to give statement of character Capacity Date of entry Date of discharge Place of discharge

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

Dated — day of—, eighteen hundred and —.

(Signed)— —, Master.

(Countersigned)— —, Seaman.

Given to the above-named seaman in my presence this—day of—, eighteen hundred and—.

(Signed)— —, Shipping-Commissioner.
Approved June 7, 1872.