Page:United States Statutes at Large Volume 17.djvu/314

 274 FORTY—SECON D CONGRESS. Sess. II Ch. 322. 1872. 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; Penalty upon eighthly, for willfully damaging the ship or embezzling or willfully dam- '°’*‘“°“ f°' wllm aging any of the stores or cargo, he shall be llable to forfeit out of his gggiio ship wages a sum equal in amount to the loss thereby sustained, and also, at l the discretion of the court, to imprisonment for any periodrnot 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 commis— Sec. 52. That upon the commission of any of the offences enumerated °l°“ fi °*““°°· in the last preceding section, an entry thereof shall be made in the officiol igiggigogg T;g° log-book, and shall be signed by the master, and also by the mate or one howuyvloffendor of the crew; and the offender, if still in the ship, shall, before the next lQ°1;:(Q}‘f§;“°d 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 nt; 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, Effect of such shall likewise be entered and signed in manner aforesaid; and in any “;‘:’*‘:)_ subsequent legal proceedings the entries hereinbcfore required shall, if gssdgngf P 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. Seamen, &e., Sec. 53. That whenever, either at the commencement or during the ¤l¥*€¤*i¤$ {hom- progress of any voyage, any seaman or apprentice neglects or refuses to §;’is°;g{,§;‘[Q‘ join, or deserts from or refuses to proceed to sea, in any ship in which he leave, may be is duly engaged to serve, or is found otherwise absenting himself theregvlgggljgllvsgant from without leave, the master, or any mate, or the owner, or consignee, gw, and c,,,,.,Cd' or shipping-commissioner, may, in any place in the United States, with or before u court, 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 may be do- provisions hereinbefore contained in reference to such cases; and may, for tho purpose of conveying him before such court of justice, detain him in 1mm_ 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 psnmy ro, court at or near the place, at once convey him on board; and if such gggjrs  t apprehension appears to the court of justice before which the case is musgw °“ 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 fitlse imprisonment. _Pcnslty for _ Sec. 54. '1`hat any master of, or any seaman or apprentice belonging to, gshgljlyj any merchant ship who, by willful breach of duty, or who, by reason of ac, ,,,,],1,,,,, ,0 drunkenness, does any act tending to the immediate loss, destruction, 0I' me carnage of serious damage to such ship, or tending immediately to endanger the life ° “ ‘P· °'° or limb of any person belonging to or on board of such ship, or who, by