be reported. Sec. 3476. If any seaman shall desert from any vessel in any Desertions to of the ports of this State, or in the voyage from the sea up to either of them, the master of the vessel shall, within twelve hours after his arrival, if such desertion shall have taken place before his arrival, or within twelve hours after the desertion, if it shall happen in the port, make out an advertisement containing the name of the seaman and of the vessel to which he belonged, together with a description of the person of the deserter; which advertisement shall be signed by the master, and, within the time aforesaid, put up in the office, of the mayor of the city of New Orleans. Advertisement, how made. Advertise ments out of how made. Sec. 3477. In all seaports in this State, other than the city of New Orleans, the advertisements required by law shall be made New Orleans, at the court-house of the parish in which the port may be situated; and the legal proceedings herein provided for shall be had before and determined by any of the justices of the peace of the port. Sec. 3478. No master of a vessel, nor any person for him, shall No seaman to ship any seaman who shall not produce such discharge, unless he less he produce shall previously thereto give twelve hours' notice that such seahis discharge. man has applied to be shipped without a discharge to all the be shipped un masters of vessels then in port, who have, within two months next before, advertised any deserter from their vessels. Until the expiration of which twelve hours, the master of any vessel to whom such seaman may apply to be shipped, is authorized to detain him on board his vessel, to the end that he may be reclaimed if he is a deserter; but if such seaman be not so reclaimed, it shall then be lawful to engage him without producing any such certificate. And if any master of a vessel shall ship any seaman contrary to the provisions of this section, he shall forfeit fity dollars, to be recovered by any person who will sue for the same. Sec. 3479. The justice of the peace, on the verbal complaint of How seaman any person that he is entitled to receive his discharge, and that entitled to his the same is denied by the master of the vessel to which he belonged, shall issue a citation, directed to the master, commanding him to appear before him, to show cause why such certificate. should not be granted; the justice shall examine, in a summary way, into the circumstances of the case, and if he finds that the seaman is entitled to his discharge, he shall give judgment to that effect; and if the discharge has been previously demanded and refused, he shall add to the judgment an order that the defendant pay to the complainant ten dollars for his damages, and pay costs of the proceedings; and a copy of so much of the judg ment as orders the discharge, shall be given to the complainant, which shall have all the effects of a legal discharge. discharge may obtain the same. Keepers of D Sec. 2069. Sec. 3480. If the keeper of any tavern, lodging or boardingtaverns, etc., house, shall knowingly receive, harbor, or lodge or conceal any deharboring de- serter from any merchant vessel, he shall, on conviction, pay merchant ves- of one hundred dollars, or be imprisoned not exceeding thirty days. serters from sels. D. Sec. 939. Act 1855, p. 130. a fine Sec. 3481. In addition to the crimes and offenses enumerated of any vessel the officers or vessel without the command or interfere same, or to re when ordered in the act entitled "an act relative to crimes and offenses," ap- Going on board proved March fourteenth, A. D., eighteen hundred and fifty-five, to cause any of it shall be, and is hereby made a penal offense for any master or crew to desert keeper of a boarding-house for seamen, any servant, agent or other or leave the person in their employ, any broker, shipping master, or other per- the consent of son engaged in the business of procuring or furnishing seamen for er; to oppose vessels, or any person or persons whose object is to cause any with any comperson composing a part of the officers or crew of any ship, steam- mand of the ship, steamboat or other vessel within this State, without or against fuse to leave the will and consent of the master or other person in charge thereof, to do so. or for any of the above named persons having gone on board of any ship, steamship, steamboat, or any other vessel, to cause any person composing a part of the officers or crew thereof, to desert from or leave the same without the consent of the master or other person in charge thereof, or to oppose or interfere with the execution of any command or authority of the master or officer in charge of such ship, steamship, steamboat, or other vessel, or to refuse to leave the same when ordered to do so by the officer in charge thereof; any person or persons so offending shall be punished by Penalty. a fine not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not less than one month nor more than twelve months, or both, at the discretion of the court. D. Sec. 934, 946, 8662. Act 1859, p. 87. may be arrest Sec. 3482. Any person or persons accused of any of the offenses Offenders provided for in the preceding section, may be arrested and tried in ed and tried in any parish of the State in which the ship, steamship, steamboat, why the or other vessel on which said offense has been committed, may offense is com moor. D. Sec. 935, 947, 3663. any parish mitted. to command arrest offender Sec. 3483. Any master or person in charge of any ship, steam- Power granted ship, steamboat, or other vessel, upon which the offenses enumer- ing officer to ated in this act may be committed, shall have power to seize and and bring him arrest any person or persons so offending, and take them before a istrate. magistrate to be dealt with according to the provisions of this act. D. Sec. 936. Sec. 3484. On the trial of any person under this act for having gone on board any ship, steamship, steamboat, or other vessel, without permission first had and obtained from the proper officer, it shall be incumbent upon him to prove that he had received the permission required; in default of his proving this, he shall be considered as having entered without permission, and be found guilty accordingly. D. Sec. 937. before a mag offenders permission to bound to prove board the vessel; otherwise to be found guilty. Summoning the examining Sec. 3485. When the testimony of any master or officer of any ship, steamship, steamboat, or other vessel, or if any other witnesses by transient person shall be deemed by a magistrate, before whom a magistrate. prosecution has been commenced under this act, necessary to be used on the trial of the case before the district court, such magis Notice to be given to the accused. Right of ac trate shall have power, after five days' notice to the party accused, to summon and cause such witness to appear before the judge of the first district court of New Orleans, or before the district or parish judge of any other parish in this State in which a prosecu tion may have been commenced under this act, to give evidence in the same manner as if examined in open court; the accused at the cused to have time of such examination shall be assigned counsel by the judge, if he have none, and shall have the right to cross-examine the witnesses. witness; the evidence thus given shall be reduced to writing, and Evidence to be shall be signed by the witness, certified to and sealed up by the writing, sealed judge before whom it is taken, and shall be used on the trial before up and sent to the district court; provided, the magistrate before whom the prosecution was commenced shall make oath that the witness is not at the time of trial within the jurisdiction of the court. counsel and cross-examine reduced to the trying judge. Proviso. secreting sea signed ship in disregarding them, D. Sec. 938. Sec. 3486. In addition to the crimes and offenses enumerated Harboring or in the act entitled "an act relative to crimes and offenses," ap men who have proved March fourteenth, A. D., eighteen hundred and fifty-five, ping articles, it shall be, and is hereby, made a penal offense for any person, or alding them either on shipboard, or on shore, to harbor or secrete a seaman who shall have signed shipping articles to proceed on a voyage, or to inveigle or procure such seaman to desert or disregard the articles which he has signed; any person or persons so offending shall on conviction be punished by fine and imprisonment at the discretion of the judge who tries the case, the fine not to exceed three hundred dollars, and the imprisonment not to exceed three months. made a penal offence. Penalty. Search war rant issued in certain cases. ping articles admitted as evidence. D. Sec. 939. Sec. 3487. Any magistrate may, on complaint, on oath being made by the master of a vessel or some person in his behalf, that a seaman or boy apprenticed has deserted from his vessel, and that he is harbored, secreted, or detained, issue a warrant under his hand and seal to cause search to be made in any place wherein said seaman or boy apprentice may be harbored or secreted, and shall cause such seaman or apprentice, when found, to be delivered to the master of the vessel to which he belongs. D. Sec 940. Sec. 3488. On the trial of any person under the two precedCopy of ship- ing sections of this act, a copy of the articles of any vessel, authenticated by the affidavit of the captain sworn to before any magistrate, shall be admissible in evidence to prove the fact that any seaman, whose name appears subscribed thereto, has actually signed said articles. terfering by D. Sec. 941. Sec. 3489. Any person or persons who may, by violence or Penalty for in- threats, or in any manner intimidate and prevent another from intimidation shipping upon any steamboat within this State, or who shall thus or threats with interfere with or prevent any person, who is one of the crew of a any steamboat steamboat, from discharging his or her duty, or unlawfully inter the crew of sons desiring fere with any laborer who may be taking cargo on board or dis- or with percharging cargo from a steamboat, within the State of Louisiana, to ship on any shall be deemed guilty of a misdemeanor, and upon conviction steamboat. before any justice of the peace of this State, or recorders of the city of New Orleans, be fined not less than twenty dollars and costs of prosecution, and imprisonment not less than twenty days in the parish jail. D. Sec. 944, 3664. Act 1858, p. 143. against per ing a steam with their en Sec. 3490. Any person who may ship upon a steamboat in the customary manner, to do services on said boat, either by the Penalty month or voyage, in the capacity of an officer, engineer, pilot, sons for leavclerk, mate, carpenter, cook, steward, cabin boy, watchman, fire- boat before man, deckhand, or laborer, who may abandon the boat before complying having fulfilled his engagements, or who may refuse to do his gagement. duty in the capacity for which he shipped or engaged to perform before the completion of the voyage or the time of his engagement, without lawful cause, shall, besides forfeiting all claims to wages due for such service, be liable to the owner or owners of said steamers for any damages which they may sustain by said abandonment or refusal to do duty. the D. Sec. 945, 3665. gage, luggage, Sec. 3491. No keeper of a public or lodging-house for seamen in this State shall withhold or detain any chest, bed or bedding, Seamen's bagclothes, or tools, or other effects of any seaman, for any debt tools, etc., not alleged to be due by the seaman; and on examination, any magis- tained for trate may, by warrant, cause the detained property to be seized boarding and and delivered to the seaman. D. Sec. 3666. Act 1850, p. 106. liable to be re lodging. ing-house Sec. 3492. No keeper of a public or lodging-house for seamen Amount recov in this State shall, at any time recover from a seaman any debt erable by lodgexceeding one dollar, and no other person shall be entitled to re- keeper or oth cover from any seaman a debt exceeding one dollar, after he has signed articles to proceed to sea until the voyage for which he shipped is ended. D. Sec. 3667. er person. |