Page:United States Statutes at Large Volume 30.djvu/799

 riwrvrirrrn concnnss. snss. in. cn. 2s. isss. 761 if of the United States, by forfeiture, for every twenty-four hours’ continuance of such disobedience or neglect, of either a sum of not more than twelve days’ pay or sufficient to defray any expenses which have been properly incurred in hiring a substitute, or upo11 arrival in a foreign port, in addition to the above penalty, by imprisonment for not. more than three months, at the discretion of the court. “ Sixth. For assaulting any master or mate, in whatever trade —¤¤¤¤¤lti¤s ¤¤¤¤t¤r•¤•r engaged, by imprisonment for not more than two years. ”"“°°‘ “ Seventh. For willfully damaging the vessel, or embezzling or will- —d¤m¤{;i¤g vessel; fully damaging any of the stores or cargo, in whatever trade engaged, °"‘l’°" °'"°"‘ by forfeiture out of his wages of a sum equal in amount to the loss thereby sustained, and also, at the discretion of the court, by imprisonment for not more than twelve months. “ Eighth. For any act of smuggling for which he is convicted, and —¤¤¤S$¤¤s· whereby loss or damage is occasioned to the master or owner, in whatever trade engaged, 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 he shall be liable_ to imprisonment for a period of not more than twelve months.” Sec. 20. That section forty-five hundred and ninety-seven of the Revised Statutes be, and is hereby, amended to read as follows: “ Sec. 4597. Upon the commission of any of the offenses enumerated ,0Egfm'{°* °*°¤·*=·*¤ in the preceding section an entry thereof shall be made in the official ds.,¤&r4sm,p.s¤i, log book on the day on which the offense was committed, and shall be ““‘°"“°‘·` signed by the master and by the mate or one of the crew; and the —¤<»¤·=¤w¤¤¤¤·1¤r. offender, if still in the vessel, shall, before her next arrival at any port, or, if she is at the time in port, before her departure therefrom, be fur- · nished with a copy of such- entry, and have the same read over dis- —¤·¤1~1y¤t tinctly and audibly to him, and may thereupon make such a reply thereto as he thinks lit; and a statement that a copy of the entry has been so furnished, or the same has been so read over, together with his reply, if any, made by the offender, shall likewise be entered andsigned in the same manner. In any subsequent legal proceedings the entries here- dl§¤{*ie¤ fvbbe rn: inbefore required shall, if practicable, be produced or proved, and in pdogedigigs S°q°°” default of such production or proof the court hearing the case may, at its discretion, refuse to receive evidence of the often se.” ‘ Sec. 21. That section forty-six hundred of the Revised Statutes be, and is hereby, amended to read as follows: “ Sec. 4600. It shall be the duty of all consular officers to reclaim R¤cl¤¤·¤¤<·¤ or ncdeserters, discountenance insubordination by every means in their §§’{§}§§;‘_ by """"“"" power, and, where the local authorities can be usefully employed for M1}-:5 no 46<*<>·1>-892. that purpose, to lend their aid and use their exertions to that end in " °" the most effectual manner. In all cases where seamen or officers are r¤..,i.x»~»·1»,~,—t»..-iii. accused the consular officer shall inquire into the facts and proceed as R °··‘““·I’·*‘"· rovided in section forty-five hundred and eighty-three of the Revised Statutes; and the officer discharging such seamen shall enter upon the ;,·,_j;*;gggQ,g¤¤·° °‘ crew list and shipping articles and official log the cause of discharge` and the particulars in which the cruel or unusual treatment consisted, and subscribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner." Sec. 22. That section forty-six hundred and eleven of the Revised Statutes be, and is hereby, amended to read as follows: M Sec. 4611. Flogging and all other forms of corporal punishment are Comm! v¤¤i¤¤· . . . ment abolished. hereby prohibited on board any vessel, and no form of corporal punish- ns.,m.4¤n,p.ss4, ment on board any vessel shall be deemed justifiable, and any master '“‘°“‘L“’· or- other officer thereof who shall violate the aforesaid provisions of this ""°” °" section or either thereof shall—be deemed guilty of a misdemeanor, punishable by imprisonment not less than three months or more than two · years. Whenever any officer other than the master of such vessel shall violate any provision of this section, it shall be the duty of such master to surrender such officer to the proper authorities as soon