master for not complying with the provisions of law as to the

effects of deceased

prentices.

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 seamen and ap- 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 offence, incur a penalty not exceeding treble the value of the money or effects, or if such value is not ascertained, Owners liable. 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 What courts to like offence; and all money, wages, and effects of any seaman or apprenhave jurisdiction. tice 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.

Duty of consuls, &c., as to effects of such

seamen dying at any place out of the United States.

Wages due

any seaman or,

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 consul or 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 herein before contained, and shall render such accounts thereof as the district judge requires.

SEC. 47. That whenever any seaman or apprentice dies in the United &c., dying in the States, and is at the time of his death entitled to claim from the master or United States, to owner of any ship in which he has served any unpaid wages or effects, be paid to ship- such master or owner shall pay and deliver, or account for the same, to the ping-commissioner. shipping-commissioner at the port where the seaman or apprentice was discharged, or was to have been discharged.

Commissioner within one week to deliver such

wages to circuit court, &c.

Penalty.

Power and duty of circuit court as to the distri

bution of the money and effects so deliv

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 herein before 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 ered, if not over the sum of three hundred dollars, then, subject to the provisions herein$300 in value. after 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 of the court either to be his widow or

as to the distri

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, Power and duty or under any other statute, or at common law, or to be entitled to procure of circuit court probate, or take out letters of administration or confirmation, although no bution if over probate or letters of administration or confirmation have been taken out, $300 in value. and shall be thereby discharged from all further liability in respect of the money and effects so paid and delivered, or may, if it 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.

If claim to

made to the court

or refuse the

same.

Certain un

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 wages is not within six years after the receipt thereof by any of the said courts, it shall in six years, be in the absolute discretion of any of such courts, if any subsequent claim court may allow 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.

claimed wages to be paid into the treasury of the and how applied.

United States,

DISCIPLINE OF SEAMEN.

Discipline of

seamen.

and for absence

SEC. 51. That whenever any seaman who has been lawfully engaged, Punishment for or any apprentice to the sea service, commits any of the following desertion; offences, he 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, for neglecting, without reasonable cause, to join his ship, or to proceed to sea in his ship, &c., to join ship, or for abscence without leave at any time within twenty-four hours of the without leave; ship's sailing from any port, either at the commencement or during the progress of any voyage, or for abscence 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 abscence, 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 VOL. XVII. PUB. - 18

for quitting ship without leave at port of delivery;

for wilful disobedience;

for continued disobedience and neglect;

for assaulting master or mate; for conspiracy,

&c.

Penalty upon seamen for wilful damage to ship or cargo;

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 for smuggling. 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.

Upon commission of offence, entry to be made

to be informed

thereof, &c.

SEC. 52. That upon the commission of any of the offences enumerated in the last preceding section, an entry thereof shall be made in the official in log-book, and log-book, and shall be signed by the master, and also by the mate or one how, and offender 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 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 offence.

Effect of such entry in subsequent legal proceedings.

Seamen, &c., absenting themselves, &c., from the ship without leave, may be apprehended

without warrant, &c., and carried

before a court, &c.;

may be detained not over twenty-four hours.

Penalty for making the

arrest without cause.

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 place 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 offences of like degree and kind of the matter, to be dealt with according to the provisions herein before 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.

Penalty for SEC. 54. That any master of, or any seaman or apprentice belonging to, wilfully, or while any merchant ship who, by willful breach of duty, or who, by reason of drunk, doing any 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

act tending to

the damage of

the ship, or of

board.

willful breach of duty, or by neglect of duty, or by reason of drunkenness, any person on 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 offence, 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 herein before provided for the disposal of the money, effects, and wages of deceased seamen; in all other cases of forfeiture of wages, under the provisions herein before 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.

Wages, &c., of seamen forfeited by desertion, how to be applied.

Penalty upon master for neglect, &c., to pay over balance.

Questions con

SEC. 56. That any question concerning the forfeiture of, or deductions from, the wages of any seaman or apprentice may be determined in any cerning the forproceeding lawfully instituted with respect to such wages, notwithstanding feiture, &c., of wages of seamen, that the offence in respect of which such question arises, though hereby &c., how may be made punishable by imprisonment as well as forfeiture, has not been made determined. the subject of any criminal proceeding.

SEC. 57. That whenever in any proceeding relating to seamen's wages, Part of wages it is shown that any seaman or apprentice has, in the course of the voyage, of seaman, to be been convicted of any offence by any competent tribunal, and rightfully burse costs inapplied to reimpunished therefor by imprisonment or otherwise, the court hearing the curred by master, case may direct a part of the wages due to such seaman, not exceeding if, &c. fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring such conviction and punishment.

Official log

Legal convictions.

Offences to be

Punishments.

Statement of conduct.

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 book. ship shall make, or cause to be made therein, entries of the following Entries therein. matters, that is to say: First, every legal conviction of any member of his crew, and the punishment inflicted; secondly, every offence committed by any member of his crew for which it is intended to prosecute, or to enforce a forfeiture, together with such statement concerning the reading prosecuted, &c. over such entry, and concerning the reply, if any, made to the charge, as hereinbefore required; thirdly, every offence for which punishment is inflicted on board, 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, Sickness and every case of illness or injury happening to any member of the crew, medical treatwith the nature thereof, and the medical treatment (if any); sixthly, ment. every case of death happening on board, with the cause thereof; seventhly, Deaths and every birth happening on board, with the sex of the infant, and the births. names of the parents; eighthly, 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 any seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom; eleventhly,

Marriages.

Names of those

ceasing to be

members of crew. Wages.

Sale of effects. 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.

Entries in logbook, when to be made, how signed, &c.

None to be made after, &c.

Penalty for not

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 keeping log-book manner hereby required, or if any entry hereby directed to be made in in manner reany such log-book is not made at the time and in the manner hereby quired; directed, the master shall, for each such offence, incur a penalty not exfor making cer- ceeding 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 offence, incur a penalty not exceeding one hundred and fifty dollars.

tain entries out

of time.

Wages of seamen, &c., not subject to attach

ment.

Assignments

of wages except, &c., not to bind, &c.

Penalty for un

board any vessel

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 serlawfully going on vice, and not being duly authorized by law for the purpose, goes on board about to arrive in any ship about to arrive at the place of her destination before her actual port without per- arrival, and before she has been completely moored, without permission mission, &c.

Master may arrest, &c.

Penalty for soliciting any seaman to become a lodger, &c.,

within twenty

of the master, shall, for every such offence, 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 arrival of vessel. any seaman, except under his personal direction, and with the permission of the master, he shall, for every such offence, incur a penalty not exceeding fifty dollars, or shall be liable to imprisonment for any period not exceeding three months.

four hours of

Penalties, &c., under this act, how may be recovered.

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 offence 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 imme