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THE ADVERTISER
Published ever-Thursday by
CAFJf'JtEYJi HACKJER,
Proprietors.
K 0Bce-o.74 McUhcrwm'ii Hlock, npStairs,
I imoWNVILLE, NEBRASKA,
Terms, in Advances :
nnecopy.oneyear
82 00
. 1 00
03e copy, si, months
Ose copy. "ree months
,."p VDI.VG MATTEIt OS EVERY PAGE
" ii in -i i
u HE IS NOT FALLEN.'
BY J. G. WIIITTIEK.
-t l ioem was written about Uic year 1S31,
V was upKsstol ny "" editorial In the
r-,-lcJrl.oiitltlod "lie Is Not Fal-
1 .'written by George D. Biptlce. in nn-
-" ' " .. ..nHminor urtlrdn In which Mr.
S'nv iwJ 1eeu characterized its "the fallen
si iitu- mHii.-'J
. . 1 M Ilj tlHlw -
v ,t Fallen ? No! as well the tall
l.i nillnxd Allciiliunv fall
s vu'll Ohio's Kitint tido
Poll Imciiward on 11m mighty t
s'ne roliimbln'M hope and rid
track.
'Ie,
T..c -ian.ef -"- -" .- -j -.,
in his triumphant course turn back.
HMriot fallen! Seek to bind
. ... ..I .! ,.. ..... 1- td.,.1
'I'l. CllRHOCSS mm uiiiiiuuui v..... ,
- iiimII :
l-ii-" tllOUgJl 111! vinv lit Mmuiiui,
i, sYoots not from its high jst;it6.;
. Mrlub 'mid the ruins still.
He Is not Fallen ! Every breeze
Tt t wanders o'er Colunitdii'M bsorn,
rum wild lVnobseotV lorest trees,
;.,iii-ejui shore, fnnn Inland seas,
or where the rich MhuhoIIr's blossom
,mts. snow-like, on Uie --ujtry wind,
; booming onward to hi- ear.
iiomsgeto his lofty mind
meed the falling never hud
A praise which l'atrlots only hear.
-uar of tlio West! A milliotv eyes
re tinning gladly unto him;
Hie shrine or old idolatries
IMfore his kindling light grows dim !
ti! men awal.e as lrom a dream,
" or meteors dazzling to betray,
ti-1 how berore his purer beam,
" The earnest of u better day.
V. Hail ! The hour Is hastening on
When, vainly tried by -Slander'. -Hume,
l .'ti.tioin shall behold her son
I uiiMrmed, without a laurel gone,
-V from the Haines of l'.itbylon
IheHiigel-gnarded triad camo!
Tu-- slanderer shall be silent then ;
1IU spells blmll lenvc the m.nds of men.
And l.'gher glory wait upon
The Western J'atiloi'u luture fumo.
V i. ti ..i. . i... .... ..! t
THE STREETS 0? VENICE,
Venice Is a compact city, about sov
$n miles In circuit, and perfectably
accessible in all its parts, lis princi
l buildings are of marble or of light
;-!orcd stone, and the remainder are
of brick covered with mastic. Italy
It, so rich in marbles and other build
ing stones that these materials weie
the ohea pe.st which could bo used. No
wojuVii houses are been in Venice.
'Ibe prevailing color of all it houses
Is white, thus giving to the c.ty a
cheerful appoarance. In addition to
the (.rand Canal, there are a hundred
und forty-heven other canals intersect
ing all parts of the city as well as each
other, and affording til the advanta
ges of light, ventilation and corner
lots guined in other cities b3' means of
streets mid avenues. The canals un
do.ibudly circumscribe the original
islands, as well as indicate their posi
tion, by occupying the channels be
tween them, the remainder of the
Water area having been recovered by
erecting walls of masonry upon piles
nlong the lino of these canals, and
fiJliiig in behind -with earth brought
from the ntMrest islands or the main
land. The walls are usually of
block of granite, laid in courses,
upon which the buildiiiffs along the
canals rose aB their immediate foun
dations. The pafiscnger in a gondola find
himself between parallel rows of
hoii-i-s rising from the water three,
four and live stone high, with win
dows upon the caiiiil the same as a
btreet, and with a front door opening
upon a flight of ntone steps descend
ing into the water.
The branch canals are from ten to
thirty feet wide, with an average
depth not exceeding fifteen feet.
They are short and often crooked,
but all alike arc swept out daily by
the tides, which keep the water pure
and clear. It is in virtue of the salt
water Kiid the tide that Venice id
hubittble an well as healthy. There
le not. probably, an acre of landwith
lu Its limits not touched by some one
of thee canals. They may bs likened
to thestreetnof auiediovafcity, which
run wherever a street was supposed
to be necessary, without regard to
width or cjrvituro.
It must not be supposed that the
Venetians wore insensible to the ad
vantages of streets of solid earth cov
ered with pavement. There are
twenty-one hundred and niuoty-four
uch streets In Venice, as unique aB
its canals, and used even more con
fctautly. They aro narrow, short, and
many'of them crooked, but they pen
etrate every part of the city. A large
proportion of them are mere lanes,
from eix to seven feet wide, between
houses rising four and five Btoriea on
either side. The widest of them do
not exceed twenty-five feet, and the
average width is probabiy lees than
ten. Another peculiarity is their
shortness in u ntraight line. It would
be difficult to find in Venice a single
straight street fifteen hundred feet in
length. They terminate abruptly,
and turn at a right angle, or at any
pther conceivable augle, or ruu on
curves.
All these afreets, however, are cov
ered with a Kuss pavement, the stones
being closely jointed, and smooth on
the surface. In the narrowest streets
they are set level from side to side,
and crowuiug in thode which are wi
der. Along one side, and sometimes
pn both, and about ten feet apait, are
gutter stones, cut through topase sur
face water or ruin into conduits be
neath. The openings are but six
inches long and an inch wide, thus
f-howinsr that the uuantitv of water
which falls in the streets is not large.
Great care is taken of these streets.
They?& re sept clean daily, and so
well-cared for that there are but few
places in Venice Yvhere the air is not
sweet and pure which is more than
can be said of most large cities. It is
doubtful whether the Venetians wo'd
have made broad streets, for climatic
reasons, If they could have afforded
the room. During a large part of the
year the rays of the sun are too pow
erful to walk with safety in their
glare. Venetians in exposed place
habitually seek the shady side of the
streets and squares. Their narrow
streets allord the desired protection,
and enable them to keep in a temper
ature substantially uniform.
The picture thus given of the streets
of Venice is rather uninviting. It is
modified verv much by the numerous
pquares which relieve the closeness of
the street intersecting them, as well
a presenting a too great compactness
of inhabitants. There are two hun
dred and ninety-four of these sq 'ares
scattered through the city, affording
pleasant sites for rc-sideuees and
churches. The streets cross the
branch canale bv means of three hun
dred and efchtv-seven bridges, mostly
many rrooks and turns, and with so
(I' Itfe-e tllv. ini.t'HL n lirauniuf; u;winu,
. , lUrn side the wliirlwiiid's'force ;
I ', jtf.m not that the mighty mind
u'uidtwt-r before the blast of hate,
orouail t Jrk or causeless 111:
of stone, consisting of a single arch, marked "A" in the schedule hereto provided by the proviso oi section in any justice's or other competent wise made, shall operate as eviuenre, r
ith a rondwav t?radcd into low stens. annexed, shall be payable upon all i eight of this aet : Provided, jurthir, court; and in any such proceeding it ' of the release or satisfactory of any jjujlge oi toe part at which ,V" , bie length of the voyage : and such otlicer may. if
iSveSSPiaSl i? Venice canPbe engagements and discharges effected That this section shall not apply to , shall be sufficient for siVch person" to claim; fifthly, upon payment ins'sel
,-,., i a . . . , , ... u.r....l,;.m;nir.nniniviicimiiiiMii tinea, moiirc if vocnlc u'!ipri thf cn.impn , nmvo f.l sprMintv vc.i- ,;.mi lii- tlio mtulu w n nioutor liofi-vro eliiiitiino receiveil 111 eMUeilLtJ ill Uii icuni l 1 ,,im nnrt chdll nnon such delivery and navmeilt
knowBtim Jl,.' r,tL nf ci;.rhf. 'irmftnr mentioned, and such shinning-! are by custom or agreement entitled owner or mater."or some other au- commissioner, the shinping-commis-i ceedings. se"hJJt"h
difiicultv wifiinaimnrrnr Thps-frpets ! commissioners shall cause a scale of to participate in the profits or result . thorized agent, and that the same was , sioner shall, if required, sign and give E-C. ii. f hat H tne oincer io norri of rteUlnaj. on ia tn united s-.ate province th6 J
.. - . .. ""w .;. .. ... ki t. - 1 f ,i ,. vn,.nm nor in tvmctnra licnnn n to.l ir nn,l ,.:,wl I... tUn'tr. c.nl, r.w,r,r o atc.rftiv.atir rf t if ' All V SUCH COfUPiain t as IllSl Uiuresuiu same to inesmppilic-cumm.s.-.u.imr ...-r-. ,,,,...
" a lanvrintii for a time, will! so me lees oayimie iu ou
I HI ' "W wj 'in i ri i ri rtiirrr.y vr-nrfMii ,ii""i rw-.T7iVr1"!Ir-m-""-'-''-1 T-.ar. .r.-v. -,. rrtiMnnr jwmumi n i uvjinwnwmLiiMiMii v mmmi win n w
fstm. & k & ,a- ill
V $ &J I ESI f &a f CV IS '538 V &
ESTABLISHED 1856. 1
Oldest Paper in the State, i
few opportunities to consult land
marks, that it is not uncommon to go
round and round a particular place
without finding it, until a street boy
is picked up as a guide. The very
smallest of these urchins, however,
will go, not straight to the spot, for
that is impossible, but on the angles
of incident and rellection, which,
when repeated often, enough, will fi
nally light upon the place.
The streets of Venice are silent as
compared with tho?e of other cities.
There ia neither a horse nor caniuge,
nor even a hand-cart to he seen in any
thoroughfare. It is a quiet, noiseless
city, free from the duat and din and
rattle which are so incessant in large
cities. And yet its streets are thronged
throughout the day, and present the
same picture of animated life as those
of other cities. Packages and small
burdens are carried b3 hand, or in
baskets, or upon the back; but larger
parcels, merchandise, and bulky ma
terials arc transported by gondola or
barge. The residences, factories, and
warehouses upon the canals have a
connection with the street as well as
entrances from the canal. Business
seems to be transacted with reasonable
convenience, notwithstanding the an
omalous conditions tinder which it is
done. The people seem to be busily
engaged at something, although the
number of idlers is large. Venice has
a much larger number of the latter
class than it can afford to keep. They
gather in the squares and market pla
ces, or lounge upon the quays. In
this laud of sunshine and cheap po
lenta the smallest muountnf industry
afl'ords a subsistence. "What should
be a blessing to the people is ai actual
detriment under a land system now
prevnling in Italy, as iniquitous in
principle as it is destructive of nation
al prosperity, because it removes all
stimulus to imlutitry.JIiirjicr'sMuff
uzincfor September.
OFPICIAL.
Laws of the United Stales
1'ASSKH AT THE
SECOND SESSION OF THE FOJITY
iECONl CONGRESS.
General Nature No. ill.
AN ACT to authorize the appointment of
shipping-commissioners by the reverai cir
cuit courts of the United Slutcp, to super
intend the shipping and discharge of ea
liieu onuaged in merchant .ships belonging
to the United Stales, and for the further
protection of teamou.
Be it enacted by the Senate and
lloiise of Representatives of the United
States of America in Congress assem
bled. That the several circuit courts
of the Uuited State, in which cir
cuits there is a sta-port or sea-ports
for which there is a collector of cus
toms, or in which there is a port of
entry, shall appoint a commissioner
for such sea-port within their respect
ive circuits as in their judgment may
require the same, and which shall
also be ports of ocean navigation ;
such, oommissionera to be termed
"ahipping-commissioners j" and may,
from time to time, remove from office
any of the said commissioners whom
it may have reason to bolievo does
not pr perly perform his duties; mu
shall provide for the proper perform
ance of buch duties until another per
son is duly appointed in his place ;
shall regulate the mode of conducting
business in the shipping-oHices to be
established by the shipping-commissioners
as hereinafter provided ; and
uliti.ll have full and complete control
over the same, subject to the provis
ions herein contained.
Sec. 1. That every shipping-commissioner
so appointed shall enter in
to bonds of the Uuited States, condi
tioned for the further performance of
the duties required in his oflice, for a
sum. In the discretion of the circuit
judge, of not less than five thousand
dollars, with two good and sufficient
securities tiierefor, to be approved by
said judge; and shall take and sub
scribe the following oath before enter
ing upon the duties of his oflice: "1
do solemnly swear or affirm, as the
case may be) that 1 will support the
Constitution of the United State? ;
and that I will truly and faithfully
discharge the duties of a shipping
commissioner to the best of my abiii
t, and according to law." Said oath
shall be indorsed on the commission
or certuicate oi appointment, ami
signed by him, and certified by the
officer before whom such oath or af
firmation shall have been taken.
Si:c. 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 ev
ery such clerk or deputy, and will be
personally liable for any penalties
such clerk or deputy may incur by
the violation of aiii' of the provisions
of this act; and all acts done by a
clerk, as such deputy, shall be as val
id and binding as if (lone by theship-ping-commissioner.
Each shipping
commissioner shall provide a seal with
which he shall authenticate all his
official acts, on which seal shall be en
graved the arms of the United States
and the name of the sea-port or dis
trict for which he is commissioned.
Anv instrument, cither minted or
written, purporting to be the official
act of a shipping-commiHsioner, and
Durnorting to he under the seal and
signature of euch shipping-commissioner,
shall be received a prinia-facie
evidence of the official character of
such instrument, and of the truth of
the facts therein set forth.
Sec i. That every tdiipping-eom-missioner
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 document, connected therewith.
and which premises fhall be styled
"the shipping-commissioner's office."
And the general business of a ship-ning-commissioner
shall be, first, to
afford facilities for engaging seame.i
by keeping a register of their names
and characters ; secondly, to superin
tend 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 pea-service ;
and to perform such other duties rela
ting to merchant seamen and mer
chant ships as are hereby or may
hereafter, under the powers herein
contained, he committed to him.
Sec 5. That such fees, not exceed-
inir (hp Rums snccified in tho table
marked "A" in the schedule hereto
ijivj'.vi cu, nun
placed iu the
to be conspicuously
ioh -"c su.ii r-,,...s.. ... ...iv .......-.......... ...-.,......., - --- --- - ... ,.,v O.V.....J. . v.,,.., o,...,..... ..s. ... ... - - . , . i.r f.v tho. rttctriM ,-v. ..f..";".r-cr;.n-'. .r irr..;mtin h -a-.
shipping-ofllce ; 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, con
signee, agent, or master of a ship en
gaging or discharging any Beamen or
seunan in a shipping office, or before
a shipping-commissioner, shall pay to
the shipping-commissioner the whole
of the fee hereby made payable in
respect of such enga.ement or dis
charge, and may, for the purpose of
in part reimbursing himself, deduct
in respect of each such engagement
or discharge, from the wages of nil
persons (except apprentices) so en
gaged or discharged, and retain any
sums not exceeding the sums speci
fied in that behalf in the table mark
ed "B" in the schedule hereto an
nexed. Sec 7. Thnt any shipping-commissioner,
or any clerk or employee in
any shipping-office, who hIiuII de
mand or receive any remuneration
whatever, either directly or indirect
ly, for .hiring or supplying any sea
man for any merchant ships, except
ing the lawful fees payable under tlr's
act, shall, for any such offense, incur
a penalty not exceeding two hundred
dollars.
Sec S. 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 business
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
uep"uty collector of customs to whom
such business shall be committed
shall for all purposes bo deemed a
shippiug-eommissioner within the
meaning of this act ; and any person
other than n 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
coramisironer " 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 per
forming himself, so far as the said
ships are concerned, the duties of
shipping-commissioner under this act.
Si.c Si. 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 qual
ified, give such assistance as is in their
power for facilitating the making of
such apprentices; but the shipping
commissioner bhull ascertain that the
boy has voluntarily consented to be
bound, and that the parents or guar
dian of said boy have consented to
said apprenticeship, and has attained
the age of twelve years, and is of suf
ficient health. and strength, and that
the master t'o whom the boy is to be
bound is a proper person for the pur
pose: '-Pro vided; That said apprenticed
'Bhip shall, terminate when the ap
prentice becomea elgntcen years of
age. And the shipping-commissioner
may receive from the persons availing
themselves of such assistance the lees
contained in table "C" iu the sched
ule hereto annexed. And the shipping-commissioner
shall keep a regis
ter of all indentures of apprentice
ship made before him.
Sec 10. That the mr.ster of every
foreign-going ship shall, before carry
ing 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 identure by winch such ap
prentice is bound, and the assign
ment or assignments thereof, (if any.)
aud the uamu of said apprentice, with
the date of the indenture and the as
signment or assignments thereof (if
any) shall be entered on the agree
ment; and no such assignment shall
be made without the approval of a
commissioner, the apprentice, his par
ents, or his guardian. And for any
default in obeying the provisions of
this section, the master shall, for each
offense, incur a penalty not exceed
ing one hundred dollars.
y.c. 11. That if any person hal!
demand or receive, either directly or
indirectly, from any seaman seeking
employment as , t-eamnii, or from any
other person seekintr 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 offen-e, incur
a penalty not exec-ding one hundred
dollars.
Sec 12, That the master of every
shin bound foranortin the United
States to any foreign port, or of any
ship of the 1 urdeti of seventy-live
tons or upward, bound lrom a port on
the Atlantic to a port on the Pacific,
or vice versa, shall, befole he proceeds
on such voyage, make an agreement,
in writing or print, with every sea
man whom he carrie to sea as one of
the crew, in the manner hereinafter
mentioned ; and every such agree
ment nhall be in the form, as near a?
may be, as hereunto in table 4,D," in
the schedule annexed, and shall be
dated at the time of the first signa
ture thereof, and dia!l be signed by
the master before any seaman siiriis
the same, nnd shall contain the fol
lowing particulars, that is to say:
1-irst, tne nature ami as inr as prac
ticable, the duration of the intended
voyage or engagement, and the port
or country at which the voyage is to
terminate; secondly, the number ami
description of the crew, specifying
their respective empl. ymenls ; third
ly, the time at which each seaman i
to be on board to heirin work : fourth
ly, the capacity in which each seaman
is to ?erve ; fifthly, the amount of wa
nes each seaman is to receive; sixth
ly, a scale of the provisions which are
to be furnished to each seaman ; sev
enthly, any regulations as to conduct
on board, and a to fines, short allow
ance of provisions, or other lawful
I punishments for misconduct as may
he sanctioned bv Congress a- regula
tions proper to be adopted, and which
the parties agree to adopt; eighthly,
anv stipulations in reference to ad
vance and allotment of wages, or oth
er matter.- not contrary to law : Provi
ded, That whenever the master of
any vessel shall engage his crew, or
any part of the same, in any customs
dis'tricl where no shipping-commissioner
shall have been appointed un
der section one ot this act, he may
perform for himself the duties of such
I commissioner, iu like manner as is
j provided by the
n Huuui r ui 'je'-i vw .....--.-. .j
, of coastwise nor to masters of lake -
. . - ' - .1 MBH
BROWNVILLE, NEBRASKA,
going vessels that touch at foreign
ports ; but seamen may, by agree
ment, 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 s-iil in the same ves
sel 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 con
tain a special place or form for the de
scription and signatures of persons
engaged subsequently to the first de
parture of the ship, and shall be de
livered to the master; thirdly, every
agreement entered into before n shipping-commissioner
shall bo acknowl
edged and certified under the hand
and official seal of such commissioner,
and shall be indorsed on or annexed
to such agreement, and such certifi
cate of acknowledgment shall be in
form and manner following, to wit:
'On this day of , per
sonally appeared belore me, a shipping-commissioner
in and for the said
county, A. 1$., C. D., and E. F., sev
erally known to me to be the sarnfr
persons who executed the foregoing
instrument, who euch for himself ac
knowledged to me that he had read
or had heard read the same; that In
whs by me made acquainted with the
conditions thereof, and understood
tiie same; and that, while sober and
not in a state of intoxication, lie sign
ed it freely and voluntarily, for the
uses and purpose therein mentioned.'
Sec 14. That, first, if any person
t-hall be carried to sea as one of the
crew on board of any ship making a
voyage as hereinbefoie. specified with
out entering into an agreement with
the master of said ship, in the form
and manner and nt the place and
times hereby in .such cases required,
the hip sha!I he held liable, and for
each such offense shall incur a penal
ty not exceeding two hundred dollars:
Provided aiwaix, That the ship shall
not be hehl liable for any person car
ried 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; st condly, if any master, mate,
or other officer of a ship knowingly
receives, or accepts to be entered on
board of any merchant ship, any sea
man who has been engaged or sup
plied 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 incur
a penalty of a sum not exceeding two
hundred dollars: Provided further;
That in case.of desertion, or of casu-
(ality; regujting in, the loss of one or
oJnre'seatrTen, the master may ship a
number equal to tne number of -whoRes
services he has been deprived by ilo
Kcriiou or casujtlity, and report the
same to t:.o United Stales consul at
it the first port at which he shall
arrive, without incurring such pen
alty. Sec 15. That every master of a
merchant ship of the Un'ued States
who engages any seaman at a place
out of the United States, in which
there is a consular or commercial
agent, shall, before carrying such sea
man to sea, procure the sanction of
such olllcer, and shall engage seamen
before such officer; and the same
rules as are hereinbefore contMned
with respect to the engacenn nt of
seamen before a shipping-commissioner
in the United States shall ap
ply to such engagements made before
consular officer or commercial agent ;
and upon every such engagement the
consular officer or commercial agent
shall endorse upon the agreement his
snnetion thereof, 'and an attestation to
the efleet 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 i- a consular
officer or commercial agent otherwise
than is hereinbefore required .-hall in
cur a penalty not exceeding one hun
dred dollars, for which penalty the
ship shall be lu-Id liable ; and all such
ng. cements so made shall be void,
and the seamen so engaged shall be
entitled to recover the highest rate of
wages of the port from which the sea
man was rh.ipped.
Sec li. That all stipulations for
the allotment of any part of the wa
ges of u seaman during his absence
which are made at the commence
ment of the oyage shall be inserted
I in the ngiccmcitt, and shall state the
amounts and times oi the payments
to be made, and the persons to whom
such payments are to be made.
Sec i- That no advance of wages
shall be made or advance security
given to any per-on but to the sea
man himself, or to his wife or mother;
and no advance of wages shall be
made, or advance security given, mi-
less the agreement contains a stipula
tion for the same, and an accurate
I'tatement of the amount thereof ; and
no advance wages or advance securi
ty shall be given to any seaman ex
cept in the presence of the shipping
conimissioner. Sec. IS. That if any advance of wa
ge; is made or advance security given
to any seaman in anv such mann. r a-
to constitute a breach of any of the
above provi-ions, 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 becurity so given no person
"hall be sued theu-on unless he was
a party to such breach.
Sec 10. That whenever any ad
vance security is discounted for any
seaman, such seaman shall sign or set
his murk 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
tne seaman sails ni ttie 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'ma-ter, but
not otherwise, the person discounting
the security may, ten days after the
final departure of the ship from the
saiti port oi departure mentioned in i
the security, sue for ami recover the
amount promised by the security,
with costs, either from the o ner or
from any agent who has drawn or au
thorized the drawing of the security.
w.v. v. .. ... . iu .. wu ic.iin.cu u Kiv.-
; seaman, and the seaman shall he pre -
THURSDAY, SEPTEMBER 19, 1872.
sumed to have sailed in the ship from
such port as afoiesaid, and to be duly
earning "his wages, unless the contra
ry is proved.
Sec 20. That the master shall, at
the commencement of every voyage
or engagement, cause a legible copy
of the agreement (omitting signa
tures) to be placed or posted up in
such part of the ship as to be access
ible to the crew ; and on default shall,
for each offense, incur a penalty not
exceeding one hundred dollars.
Sec -1. That auy seaman who has
signed an agreement and is afterwards
discharged before the commencement
of the voyage or b -fore one month's
wages are earned, with 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 sat
isfactory of having been so improper
ly discharged as aforesaid, recover
such compensation as if it were wages
duly earned.
Sec 22. That all seamen discharged
in the L nited 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-commissionfer under this act,
except in case- where some competent
court otherwise d'rects ; and any mas
ter or owner of any such ship who
discha:gesany 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.
Skc 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 dis
charged before a shipping-commis-siouer,
to such shipping-commissioner,
a full and true account of his wa
ges, and all deductions to be made
therefrom on any account whatsoev
er; and in default shall, for each of
fense, 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, un
less it is included in the account de
livered ; and the master shall, during
the voyage, enter the various matters
in respect to which such deductions
are made, with the amounts of the re
spective deductions as they occur, iu
a book to be kept for that purpose, to
be called the "Official Log-book," as
hereinafter provided, ami shall, if re
quired, produce such book at the time
cf the payment of wages, and, also,
upon the hearing, before any compe
tent 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 dis
charge, in the form here.to annexed,
marked "E;" and If any master fails
ta'sigii'and give to any such seaman
such certifiqate and discharge, he
Hhhll. for. oaoh'suoh offense, incur a
penalty not exceeding fifty dollars:
IJroi'iaed, That tho proviso annexed
to sec "un twelve, which applies to
ma-ters of vessels engaging seaman
under that proviso, shall also apply
to uch masters of vessels in tho dis
charge of seamen.
Sec 25. That every shipping-commissioner
shall hear and decide any
question whatsoever between a mas
ter, consignee, agent, or owner, nt.d
any of his crew, which both 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 lights of parties,
and any document purporting to be
under the hand and official seal of a
commissioner, such submission or
award shall bo priuia-ficie evidence
thereof.
Sec. 26. That in any proceeding
red ati nt? to the wages, claims, or dis
charge of any seaniaut.carried od be-foreaV4sliippini?-commtslfo'ner,
un
der the provisions of this act, such
shippiug-couimi-sioner 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 pow
er, relating to any matter iu question
in such proceedings, and may call be
fore him and examine any of such
peisotis, being then at or near the
place, on any such matter; and every
owner, agent, master, mute, or other
member of the crew who, when call
ed upon by the shipping-commissioner,
does not produce auy such honks
i,;m:.rs or documents as aforesaid, if
in his possession or power, or docs not
appear and give evidence, shall, un
less he shows some reasonable cause
for such u default, for each ofiene in
cur a penalty not exceeding one hun
dred dollars, and, on application be
ing made bv the shipping-commissioner,
shall 1-e further punisiud, 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, neiore a
shipping-commissioner, of any dis
charge and settlement, the master or
owner nd each seaman respectively,
in the presence of the shipping-corn
missioner, shall sign a mutual release
of all claims lor wages m respect 01
the past voyage or engagement, and
the shipping-commi ioiier shall al.-o
sign and attest it. and shall retain it
in a book to be kept for that purpose:
Prov'uhd, That both the master and
seamen assent to such settlement, or
the settlement has been adjusted by
the shipping-commissioner; secondly,
such rehase so signed ami 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 conv of such release, certified under
the- 'hand and al of si-.eh shipping
commissioner to be a true copy, shall
l.p P-ivpn bv him to anv narty thereto
requiring the same, and such copy
shall be" receivable in evidence upon
any future que-tion touching such
claim? ns aforesaid, and shall have all
the effect of the original of which it
purports to be a copy; fourthly, in
eass in which discharge and settle
ment before a shipping-commissioner
are hereby required, no payment, re
ceipt, settlement, or discharge other
lv. ou m.ioici .. .- -...v,...i-.. . sr. ...
1 whole amount so paid, and such state
ment shall, betwean the master and
his employer, be received as evidence
that he has made the payments there
in mentioned.
Sec. 23. That upon every discharge
effected before a shipping-commissioner,
the master shall, make and
sign, in a form marked "E," in sched
ule thereto annexed, a report of the
conduct, character, and qualification.,
of the persons discharged, or may
state on said form that he declines to
give any opinion upou such particu
lars, or upon any of them ; and the
commissioner shall keep a register of
the same, and shall, if desired so tb"do
by any seaman, give to him or in
dorse 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 inten
tion of becoming a citizen of the Uni
ted States in any competent court,
and shall havo served three years on
board of a merchant ship or ship of
ttie United btates 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 be
come a citizen, be admitted a citizen
of tho United States ; and every sea
man, being a foreigner, hall, after
his declaration of inteution 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 serv
ing on board any merchnnt ship of
the United States, anything to the
contrary in any previous act cf Con
gress notwithstanding; but such sea
man shall, for all purposes of protec
tion t an American citizen, be deem
ed such, after the filing, of his decla
ration of inteution to become, such
citizen.
Sec 30. That a seaman's right to
wages and provisions shall be taken
to commence either at ths time at
which he commences work, or at the
time specified in the agreement for
his commencement of work or pres
ence on board, whichever first hap:
pens.
Sec. 31. That no seaman shall by
any agreement othej than i3 provided
by this act forfeit his lien upon the
ship, or be depiived of any remedy
for the recovery of his wages to which
he would otherwise have been enti
tled; and every stipulation iu any
agreement inconsistent with any pro
visions of this act, and every stipula
tion by which any seaman consents
to abandon his right to his wages in
the case of the loss of the ship, or to
abandon any right which he maj
hove or obtain in the nature of salv
age, shall be wholly inoperative.
Sec 32. That no right to wages
shall be dependent on the earning of
freight by ship, and every seaman,
aud apprentice who would be entitled
to dematid 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 ap
plicable to the case, be, entitled to
claim and recover the same of the
master or owner in personam, not
withstanding 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 case where the ser
vice of any seaman terminates before
the period contemplated in the agree
ment, by reason of the wreck or loss
of the ship, such seaman shall bo en
titled to wages for the time of service
prior to such termination, but not for
any furtder period.
Sec. 34. That no seaman or appren
tice shall be entitled to wages for h,ny
period during which he unlawfully
refuses or neglects to work when re
quired, after the time fixed by the
agreement for his beginning work,
nor. uniess the court hearing the ca-e
otl erwise directs, for any period du
ring which he is lawfully imprisoned
for any offense committed by him.
Sec. So. That the master or owner
of iwy ship making voyages as here
inbefore described In section twelve
of this act, except foreign-goingships,
shall pay to every seamen his wages
within two days after the termination
of the engagement, or at the lime
such seaman is discharged, whichev
er first happens ; and iu the case of
foreign-going ships, within three
days after the cargo has been deliver
ed or within five days after the sen
man's discharge, whichever first hap
pens; r.nd in all cases the seaman
shall, at the time of his discharge, b
entitled to be paid, on account, a sum
equal to ono-fourth part of the bal
ance due to him ; and every master or
owner who neglects or refuses to make
payment in niMiner aforesaid without
sufficient cause, fchnll pay to the sea-
man a sum not exceeding the amount
of two days' pay for each of the days,
n-'t exceeding ten days, during which
payment is delayed beyond the re
spective periods afore-aid ; and such
sum shall be recoverable as wages' tn
any claim made before the couit:
Provided, That tjrts section shall not
apply to the masters or owners of any
vessel where the seaman is entkled to
share in the profits of the cruise or
voyage.
Sec 156. 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 tho United States navy, or
merican consular officer, or auy
anv
shfpping-commissioner, or any chief
officer of the customs, that the pro
visions of water for the use of the
crew are at anv 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 ex
amination such provisions or water
are found to be of bad quality and un
lit for ue, or be deficient in quantity,
the person making such examination
shall signify the same in writing to
the master of the i-hip; and if such
master doe not thereupon provide
other proper provisions or water,
where the same can he had, in lieu of
any so signified to be of a bad quality
ami unfit for Use. or does not procure
the requisite quantity of any so signi
fied to he insurticipnt in quantity or
uses, any provisions or water which
have been so signified as aforesaid to
be of bad quality and unfit for ue.
he shall, in every such case, incur a
penalty not exceeding one hundred
dolta:s; anil upon every such exami
nation as aforesaid, the officer making
or uiiectiiiK iiieNjuir.-iia.. """.
Statement Of the result Ol the exam-
i:, -,:. !.,. ,-.. s n r Ivoll nntuf n
ination in the log-book, and shall
----. , , -ifmi
- 1 is made certifies in such statemenD as
VOL. 16.-N0. 49.
aforesaid that there was no reasona
ble ground for such complaint, each
of the parties so complaining shall be
liable to forfeit to the master or own
er, out of his wages, a sum not ex
ceeding one week's wages.
oec. as. unai ii any seamen, Aa,
aforesaid, while on board any ship,
shall state to the master that they de
sire to make complaint, as aforesaid,
to any consular officer, or naval-officer
of any ship of the United States,
or any shipping-corn missioner.against
the master, 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 nt such a
place, so soon after her first arrival at
such a 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 cusia
dy, so that he or they may be enabled
to make such complaint; and shall
in default incur a penalty not exceed
ing one hundred dollars.
Sec 39. That in the following cas
esj that is to say, first, if, during a
voyage, the allowance of any of Ibe
provisions which any seaman has, by
his agreement, stipulated for is reduc
ed, (except in accordance with anv
regulations for reduction by war of
punishment, contained in the agree
ment, and also for any time during
which such seaman wilfully, aud
without sufficient cause, refuses or
neglects to perform his duty, or is law
fully under confinement for miscon
duct, either on board or on shore;)
secondly, if it is shown that any of
such provisions are, or have been dur
ing the voyage, bad in quality, and
unfit for use, the seaman shall receive
by way of compensation for such re
duction or bad quali y, according to
the time cf its continuance, the fol
lowing sums, to be paid to him in ad
dition to, and to bs recoverable as,
wages, that is to say: First, if his al
lowance is reduced by any quantity
not exceeding one-third of the quan
tity specified in the agreement, a sum
not exceeding fifty ceuts a- day ; sec
ondly, 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 quali
ty, as aforesaid, a sura not exceeding
one dollar a day. But if it is shown
to the satisfaction or the court before
which the case is tried that any pro
visions, 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 iu lieu thereof in a
reasonable time, the court shall take
such circumstances into consideration
and shall modify or refuse compensa
tion, as the justice of the case may re
quire. 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 sail
ing 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 fish
eries, or in sealing, shall also be -provided
with, and cuuse to lie 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 a3 follows, thut is to say, the
master of every such sdiip, as hist
aforesaid, shall servo the lime or lem
on 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 after
ward as such consumption of salt pro
visions continues, the lime or lemon
juice and sugar daily at the rate of
half au 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 any on such ship as
aforesaid such medicines, medical
stores, limeor lemon juice, or other
articles, sugar and vinegar, as are
hereinbefore required, are not provid
ed anil kept on boiird,aii.herf in before
required, the master -or,, owner,, jnaii
incur a pom.hy not iiXOfcolitia
hundred dollar; and if the mas!
ter of
any such ship a-J aforesaid neglects to
serve out the lime or lemon juice, and
sugar itilu iurj:ui iu uic tusc mm
manner hereinbefore directed, he
shall for each such offense incur a pen
alty not exceeding one hundred dol
lars; and if auy master i convicted
in either of the last mentioiud penal
ties, and it appears that the ollVnse ia
owing to the actor default of the own
er, such master may recover tne
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 ot determ
ining the quantities of the everal
nnivisious and urtieles served out.
J;nd sjmu anw the same to be used at
ln(J time ot- HPrving out such provis-
ioi s and articles, m the presence of a
witness, whenever any dispute arises
about such quantities, and in default
shall, for every offense, incur a penal
ty not exceeding fifty dollars. And
everv ve&sel bound ou any foreign
port'shall also be provided with at
least one suit of woolen clothing for
each seaman for Use during the win
ter 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 sea
man or apprentice belonging to or
ent home on anv inercnani smi
I whether a foreign-going ship or home
trade ship, employed on a voyage
which is to terminate in the United
Slate.s, dies during such voyage, the
master shall take charges of all mon-
-ys, clothe
s. and effects which he
leaves on board, and shall, if tie
thinks fit, cause all or any of the said
clothes and eflects to be sold by auc
tion at the ma-t or other public auc
tion, and shall thereupon sign an en
try in the official log-book, containing
the following particulars, that is to
eay : First, a statement of the amount
of mon-3' ho left by the deceased;
secondly, in case of a sale, n descrip
tion of each article sold, and the sum
received for each ; thirdly, a state
ment of the sum due to deceased iv
wages, and the total amountof deduc
tions, if any, to be made therefrom ;
and shall caufeuch entry to be attest
ed bythe mate and one of the crew.
Sec. -Jl. That in cases pro-oded for by the last
preceding section, the following ru! .hall fceob
erved : Kirst. If the shipproceeds a: on.-e to uuy
Fort in the United states, the master she.ll. within
ort v-eight hours after his arrival, deliver any uch
effeciA as aforesaid remaining unsold, and pay any
money v. hich he has t.vken charge of. or receiv ed
from suili sale as aiores.
JU.WIUlUriillCU.U.HU.CUl
... , ..Ir.. -I, n. t.At ....,. ..f
wrtutothidecsl.tntbestop,.,
4tuiur at tSio port of denrmilon
m me L'niiea'
states: scondl, lfthe ship touches aw remaais
, alsom foreign port before comics to ad? -pvtt It.
art,yii
tte cmiM siaie,, ma mnswr saaii tvik... .ucvt -
to the United States cousulnr otncer mere, ami
! cousu'ar officer shall in sucn case inuorse anu ceniTi
ifynpea ,jje aSreemept td-h jj,? cr the parrtcte-i
THE ADVERTISER.
ADVERTISING KATES.
Jo
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Jo 5 3
SPACE.
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Sl
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a 9
ITnlMnch
Onelnch
ifl.00fl.50 JJ0 $Z50 3.SOi$5 00 t 8.f0
l.S0i 2.50! 3.001 3.50 5.001 7.00
10.00
2 50. 3.50 4.00. 5.00' 7.00 10.00
Three Inches -xm 4.00 5.00 B.004 10.00 15.00
Sixlnrhp S.M S m 10 Ml II" nil IS fid "V00
40.Cg
Twelteinclies.' 5.00 12.00 15.00 13.00 2Ti.OO 40.00 1 fiO.fO
Oru'collimn 1.-..00 20.00 25.00 C0.00 45.00 C0.00100.CO
Legaladvertlsements at leKl rates: One square,
(elshtllneof Ajiatepnce,or less.) first Insertion,
l,(i0: eachsubsequent insertion. 50e.
aAlltranscien( adyertiacaadnts must he PICI,
forinr.dyanc.a. '
OFFICIAL PAPER OF THE C0UXTY.
lars with respect to such delivery and payment :
thirdly. If such officer as a foresaid does not require,
such payment aud delivery to be made to him. tho
master shall lake charge ot the said 'tTects. money
and wages, and shall, within fortr-etRhthours after
hl- arrival at his port or destination in the United
States, deliver and pay the same to the shlpplnic
comniHiioner there: fourthly, the master shall m
all cae- in which any seaman or apprentice dies.,
during the progress jr the voyogeor engagfaaeni,
give to such ctllcer or shipping-commbsione:
as aforesaid an account, in such form as they may
i espectlvely require, ot the'enects. money, and wa
ges so to be delivered and .iul. and no deduction
claimed In such account shall be nllowed unless
erind, if there U any official log-book, by such
entry therein as hereinbeore required ; and also b5!
such other vouchers (tf any) as may be reasonably
required by the officer or shipping-commissioner to
whom the account Is rendered: fifthly, upon duo
compliance with such of the provisions of this sec
tion as relates to acts to be done at the port of des
tination in the United States, the snipping-comrats-sioner
shall grunt to the master a certificate V lal
effect, and no otlicer of customs shall clear inward
and foreign-going ship without the production of
such certificate.
8EC. 15. That if any master fails to take such ,
charge of the money or other rtfecw Of ti seaman
or apprentice during a voyage, or to cask a such en-trl-s
in respect thereof, or to procure such attesta
tion In -uch 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 snail be accountable for
the money, wages, and effects of the seaman or ap
prentice to the Judicial circuit court in whose juris
diction such port of destination situated, and shall
pay and deliver the same accordingly ; aud such
master.snall. in addition foe every such offense, ln-
cur x penalty not exceeding twble. the value of tho
money or effects, or, if such value is not ascertain
ed, not exceeding two hundred dollars; and If any
such money, wages, or effects are not duly paid, de -llvered,
and accounted tor by the master, the own
er of the ship shall pay. deliver, and account for the
aa.9. aftnpuch money and wages and the value of;
slich' effects shall be recoverable from him accord
ingly : and if he (ails to account for and pay the
same, he shall, in additionto his liability Sir tho
said money and value. Incur the same chatty
which is hereinbefore mentioned as Incurred by fcio
master for a like ofTeus ; and all money, wuges.
aud effects of any seameu or apprentice dying dur
ing a voyage shall be recoverable In the sanio
modes or proceeding by which eamen aro enabled
to recover wrgerf due tu them. skc.4s That if
any such seamen or apprentice as last Aforesaid
dwsatuny place out ot the United Statin, leaving
any money or effects not on board or his ship, tho
I'uited States consul or commercial agent at, or
nearest the place shall cluim and take charge o
suchmmey aud effects; and such otlicer sh.vll, If
hetbiuksbt sMIllorny of such effects, or any
ethrels of any deceased seamen or apprentice deliv
ered to him under the provisions of this act, and,
shall quarterly remit to th Jud;;e ot the district
court of the port from which sucb ship sall-xl,
the port where the vovage terminates, all "moneys
belonging to or arriving from the",s'ultf of the effects
or ikid as the wages ot any ileCwued seamen orap
prwutices which have come to his hands under the'
provisions h"reinbefore contained, audshall render
such accounts thereor as the district judge requires.
SkC. 17. That whenever any seaman or ayvsell
ticediesiu the United Sttates, and is at the time of.
hi death entitled to claim from the muster or own
er of auy ship in which he has served any unpaid
wages or effects, such master or owufrr shall pay
and deliver, or account for the same, to the ship
ping commissioner at the port where thuemnua
or apprentice was discharged, or was la ljyebeetx'
discLargetl. ". '
sre 43. That every shipping-commissioner Ifi
the Uuited States shall, within one week from the
date of receiving any such money, wages. or effects
of any deceimeu seaman or apprentice, pay, remit,
or deliver to the circuit In which he resides, "i
said money wagps. or eflects. subject to sKh de'
ducllons a may be allowed by the circuit citurt fur
expenses incurred lu respect to said money and
eflects; and should any commissioner fall to pay
remit, and deliver to tht eir-uit court within tlit,
time hereinbefore mentioned, hesh.-iil incur- a pen
alty not exceeding treble the amount of the valuo
ot such money ntf effects.
Skc. 4'J. That lfthe money and effects of any
seaman or apprentice paid, remitted, or delivered,
to the circuit court, including the moneys Tecelveil
lor any part of said eflects which hae liven ifold,
either belore delivery to the circuit court, or b- its
directions, do not exceed la value the sum of thre
hundred dollars, then, subject to the provisions
hereinafter contained, arid to all such (Itttnction
for expense, incurred in respect to the seaman oi
apprtntice. orot his maney and effects, ai the said
money and effects, as the said court thinks fit t al
low, the said court may. If it thinks fit so lo do, pay
and deliver the said money amj effects elthert" any
claimants who can prove themselves to Uic. iiatls
factiou of the court either to be hts widow or ehll
dren, or to he entitled to the effects of the deceased
under his will, (if any.) or tinder the statute for tho
distribution of the eflects of intestates, or under
any o!t.er statute, or at common law, or to be en tit
led to procure probate, or take out letter ''"'
miulstrtion or confirmation, ulthouftti no V"'""'"
or letters or administration or confirmation ''"
been taken out. and shall be thereby di-scharstsi
from all further liability in respect ofthe iuoi
aud effects so paid and delivered, or may, ir it.
thinks lit so to do. require prcbate, or letters of ad -ministration
or confirmation, to be taken out, ihiia,
thereupon pay and deliver the said money, and ef
fects to the legal personal representatives fj0,
aeceased : and if such money and effect a.to?eaHa
value he sum of three hundred dolUrs.Tthen. Bb
Ject to deduction lor exvenees.thd court Shall pay
anddellve'rlb.fcsanieto the legal personal- XeyrV
ss-ntatlvos or tfce decease 1.
Sk . r,o. That la cases of v.-nr-i or effects of do-ceo.-'ed
seamen or apprtr.tKcS rfitivwl hy the cir
cuit courts. t which no ctai'm M suostar-t-ated with
in six years after the receipt thereof by iry of the
said courts. It shall be in the absn'.ule discretion o!
any ot such courts, if any subsequent claim sa
uiade.eithcr to allow- or refuse the same; and each
of the rest ectle c urtssball. from lime to time,
pay unj tiioneys arising from theunclaimcfl waires
uud I'llecKol deceived seamen, which, lu the opin
ion of sucti court, it is not necessary to retain for
the purpose of satisfying claims. Into lite treasury
of the United stutes. which mont3 shi.ll ro:m a
fund fur. and be appropriated to. the telWt ot sh-iC
and disarmed and destitute seam en belortglox'to td
United S't.iles merchant marine service.
nist-iet.i.sjic or hkamex.
Sec. SI. That whenever any seaman who has
been lawfully engaged, or any apprentice to the
sea service, commits any of the following offenses,
he shall be liable to ! punished as follows that is
to say . tir.t, for desertion, he shall be linhle to im
prisonment fur any period not exceeding thrto
months . and also to forfeit all or any part of tho
doilies or effects he leaves on board, anil all or any
l .arlof the wagesor emoluments which he has then
Varneil . secomn.v, ior nfj;ifrunn niiu iciinm,
without r'iv.0!iahie cause, to join his ship, or to pro
ceed tu sea In hH ship, or forabscence without
leave t any time within twenty-ronr of theshlp't
sailing from anv port. either at thecomai"1""""'
rdiirin? the prorrss nfnr wjUfi. or Tor r-scencejht-ijny
tfrro-'wlt!Kut leareand without sum--dent
reason, from his ship, or from hlff doty, net
amounting to desertion .lor not treated as such by
the raAitcr. liVshnd-b- Uabt- to lmprs3nBir)t for
auyTJcrlott Hjre3c(iirwon monis, anff;so.fc-
ges a sum not exceeding the amount of two dyV"
,r, nd. in addition, for every tgffn'
JJ chntS
tUUi iww
Mt days'
roperly In
curred in hiring a sub-titntp. thirdly, for qcittlng
snip without leave after her arrival at her-port of
rie.iverv. and berore she Is placed In security, ho
shall be liable to forfeit out or his wages a Mini not
exceeding one months pay: fourthly, for willful
dlsohedleu'v to any lawful command, he shall bo
liable to imprisonment lor any period not exceed
ing two months, and alo. at the difrctlon or tlm
court, lo iorieit out of his wages sum not ext-ee.i-me
four days pay: fifthly, for continued wllirul
diiobedeme to lawful commnmK or continued
willful ui gleet of duty, he IiiilI De name n iinpris-
ntirr.unr T..-r ..., lurnul not fTrewllfiCT six niOflthS.
mid also, av ilieiliscretlou of the Coo.rt. to forfeit,-
tor every twt-ut-tour hour' continuance cfnticti
diPAjbethcuee or oeglecl. either a sum not excttrtlnjr
tu.-dVr.dHV' ieiv.iiru.ov (.menses which havetjten
proper! j incurred lu hiring a sulislilute; sixthl...
tor assaulting any master or mxe. h shall be lia
ble to imprisonment for any period not exceeding
two years ; seventhly, for combining with nny
other or otherv of the crew to disobey lawful cuu.
mauds or lu neglect dutv, or to Impe-Je navigation
of the ship, or the progress of the voyage, he shall
be liate to imprisonment for any period not ex
ceeding twelve months; eighthly, for willfully
damaging the ship or embezzling or w Ulfully dam
aging any f the stores or cargo, he shall be Itablo
to for eil out of his wages a hhiii equal In amount ter
the loss, thereby sustained, and ai. at the discre-'
lion of the court, to imprisonment for any period
not exceeding twelve months : ninthly, lor any act
of smuggling of vvhhi: fie is convicted . and wher"
by I.kss or damage is i.rcnsloned to the ra.vHr or
owner, he shall be liable to pay such materorowii-
JkLT SUCH a SUIIl KS IS SinnClelll IU rrlilllH-r mtr o.is-i-
teror owner for sucb liss or damage, ami the
wihole or any part of bis wnrf- may lie retnmeo in
satisfaction or on account of ioi"li Ilnhlllty. and
shall also be liable to Imprisonment for a irid
dot exceeding iwelvw months.
s.c -'.i That upon the commission, of MO' "' ,ft
offenses enumerated in the last prccedli.it section,
anseiitry thereof shall be made In the olHcltl log-
1 honk. and shall be signed by the master, and alu
by trie mate or one o. the crew; nnd the offender.
11 sllll HI illl"IllJi.iJailt ufiijrr nji-iici-iv.in,i.-.,
arrival of theship at any port, or lfsfie Is at tile
time in port, before ber departure there'rom. eith
er be turnished with a copy of such entry, or have
i Use same read over distinctly and audibly to him.
and muy thereupon tnige sucn reply tnere;o as in
thinks fit; and a statement that a copy of the said
entry has been so 1 lirmshed or that the SBm iH
lieeiiso reiol.ovtr as aforesaid, ami the reply 'lh
,j.ny made b the offender. shall likewwe b enter
ed aud signed in manner &fire&id : and in any sub
sequent legal proceedings the entries hereinbefore
required sbcll. if practicable. I produced or prov
ed, and iiide'aultof such production or preou tlni
court uearing the case may. at its discreLoa, rft&e
to receive evid nee of the offence.
sli . st. Thit w heuever, clltier at th" commenco
ruenl or during the prgrevi of any vojage, any
seaman or apprentice uegltcu or refuses to join, or
deserts from or refuses lo proceed to seu. lu nv
ship iu which he ts duly engaged to serTe. or .5
found otherw absenting himvelftherefrom ll-hw
out leave, the ins.ster.or any mate, or the ow :iw:or
consignee, or shipping commissioner, ma , i any
plaie in the Uuited state-, with or wifco.j the as
sis'.am e cf the local public olHcvrs or constables
who are hereby directed to give their a.iistance it
required, and also at any o;t of the United states
if and so TaJ as the laws 111 force at ouch place wiU
permit, apprehend him without .first procjrjirr. n
warrant, and xu.j thereupon, many case. nae!ail
in c:s 1 e o requires, and it ivptacticabl. convey
him before any court of justice or JastlCxs of any
state, city. twn. or ci-uaty. withlu tW I nited
Slates capable ol laitins ciHMiMvce of offenses of
like degree and klud ol ihe mailer, to he dealt with
accordiug to tbe pr.w.ons hereinbefore contained
in reference to .stx!io-es; and may. lor the pur
pose of convey u.g him ricfore such court or juntife,
detain him in custody for a period not fexceed''ig
twenty-four hours, or shorter lime, as iiay be nto
es.sarv.or :na- if he does not so require, or If there
is no uch court at or near the-place, at oace ccn
vev tiiui on board: and if izoea apprehension ap
pears U the court of justice Lfors which the ccsa.
is brought to have been mtul 011 improper or on
iitoumciral gTounds.the master, mate, consi.-nee.
or UI,iphi.j-eommisn.ner -.H10 makes the stun, o-
- - -..,...,. K ...... .THn,. i-, ..!,.
-',ir;:" .: ."..-"- ?".;:: r. r..r-. ,..
aJ-J , : WUi,l.irv't .tlioil UU I7 W wj o-WUU Jv,"
";i S
j "TrFanv
mast.: of. or any scaoan ot
. ,-,,,-.-,
apprentice belonging to, any merchant chip who
by willful breach of duty, or who. by reason of
drunkenness does any act tending to the imme
diate loss, destruction, or serious damage to such
ship or tending immediately to endanger the life
or limb of any person helouging to. or on "board of
such ship, or who. by willful breach of duty, or by
r.eglect of uuty, or oy reason 01 uniiiKenne-ss, re
fuses or omits to k fcny lawful act proper and re-
inistle-to nedone-Byalm tor preerviBg suor suit
rum immediate hiss, destruction or serious d&ui.
-s, . .-. --, -- tt-' t, ,tT rV
neut.iaieionrcnruipnge.
ntro 0- rV ot.ir,rliic fini ,Mrsirlt bdonirlmT to OS
