Page:United States Statutes at Large Volume 18 Part 1.djvu/963

 Trru: 1.m.—MERCHANT SEAMEN.—Crr. 7. 891 Seventh. For combining with any others of the crew to disobey lawful commands, or to neglect duty, or to impede navigation of the vessel, or the progress of the voyage, by imprisonment for not more than twelve months. [sa 5 uw.] Eighth. F or willfully damaging the vessel, or cmbezzling or willfully damaging any of the stores or cargo, by forfeiture out of his wages, of a suurequal in amount to the loss thereby sustained, and also at the discretion of the court, by imprisonment for not more than twelve months. Ninth. 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 liab e to pay such master or owner such a sum as is sufficient to re-imburse 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; an he shall also be liable to imprisonment for a period of not more than twelve months. Sm:. 4597. Upon the commission of an of the offenses enumerated in _ E¤¤”Y of ¤ff¤¤¤¤ the preceding section, an entry thereof shall be made in the ofhcial log- W l°g`b°°l‘· book, and shall be signed by the master, and b the mate or one of the 7 June, 1872, c. crew; and the offender, if still in the vessel, shall, before her next arrival 3;% ”· 52» '- 17» P- at any port, or if she is at the time in port, before her departure there- ‘ from, either be furnished with a cop 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 entrihas been so furnished, or the same has been so read over, together with the reply, if any, made by the olfender, shall likewise be entered and signed in the same manner. In an subsequent legal roceedings the entries hereinbefore required shall, if, practicable, be proclhced 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. (swig42m4m.] Sec. 4598. If any seaman who shall have signed a contract to perform Daum, may a voyage shall, at any port or place, desert, or shall absent himself from be apprehended such vessel, without leave of the master, or officer commanding in the 0** 1“¤“°€'¤ WW absence of the master, it shall be lawful for an justice of the peace within the United States, upon the complaint of the master, to issue his 20July, 1790, c. warrant to apprehend such deserter, an bring him before such justice; 29· B·7•’*'·1·P·l34· and if it then appears that he has signed a contract within the intent Brower v. The and meaning of t is Title, and that the voyage agreed for is not finished, M¤id¤¤»GilP-,294- or altered, or the contract otherwise dissolved, and that such seaman has deserted the vessel, or absented himself without leave, the justice shall commit him to the house of correction or common jail of the city, town, or place, to remain there until the vessel shall be ready to proceed on her voy e, or till the master shall require his discharge, and then to be delivereldg to the master, he paying all the cost of such commitment, and deducting the same out of the wages due to such seaman. Sec. 4599. Whenever, either at the commencement of or during any anestoiseamon voyage, an seaman or ap rentice neglects or refuses to join, or deserts W¤*h¤¤*l Y¤¤¤¤¤» from or refyuses to proceed to sea in, any vessel in which he is duly en- Wh°“ *1 °““l’l°‘ gaged to serve, or is found otherwise absenting himself therefrom with- 7 June, 1872, c. out leave, the master, or any mate, or the owner, or consignee, or ship- gg? ¤· 6% V- l7» P- ping-oommissioner, may in any place in the United States, with or wit - ‘ out the assistance of the local public officers or constables, who are hereb directed to ive their assistance if required, and also at anky place out ofy the United States, if and so far as the laws in force at suc place will permit, apprehend him without first procuring a warrant; and may thereupon, in any case, and shall in case e so requires and it is practicable, convey him before any court of justice or magistrate of any State, city, town, or county within the United States, authorized to take cognizance of offenses of like degree and kind, to be dealt with according to the provisions of law governing such cases; and may, for the purpose of conveyin him before such court or magistrate, detain him in custody for a periodg not exceeding twenty-four hours, 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. If such apprehension appears to the court or magistrate