Gazette of the United-States. [volume], July 28, 1790, Page 540, Image 4

About Gazette of the United-States. [volume] (New-York [N.Y.]) 1789-1793

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«
LAWS OF THE UNITED STATES
PUBLISHED
CONGRESS of the united states
AT TKI SECOND SKSSION.
Uegun and held at the City of New-York, on Monday the fouith
January, one thousand seven hundred and ninety.
AN ACT for the government and Regulation of
Seamen in the Merchants Service.
BE it enabled by the Senate and Houf: of Representatives of the Uni
ted States of America in Congreji ajjembledy That from and after
the fiiftdayor December next, e\\. / matter or commander of
any (hip or veflel bound from a port in the United States to any
foreign port, or of any Ihip or veil* I of the burthen of fifty to &
or upwards, bound from a port in one State to a port in any o*
therthan an adjoining State, (hall, before he proceed #n such,
voyage make an agreement in writing, or in print, with ever\
seaman or mariner on board such ship or veflel (except such as
(hall be apprentice or fervantto himfelf or owners) declaring the
voyage or voyages term orterms of time, tor which iuch seaman
or mariner (ball be (hipped. And if any matter or commander
of such ship or vessel (hall carry out any feanian or mariner
apprentices or servants as aForesaid) without such contraA
or ageement being firft made and signed by the featnen and mari
ners, such mafteror commander (hall pav to every such seaman or
mariner, the highest price or wages, which ihall have been given
•at the port or pi ace where such leamap or mariner (hall havr been
shipped for a similar voyage, within three months next beloi
the time of such (hipping ; Provided such seaman or mariner (hall
perform such voyage ; or if not, then for such time as he (hall
continue to do duty onboard such (hip or veflel, and (hall more
over forfeit twenty dollars for every such seaman or mariner,
one half to the use of the uerfon prosecuting for the fame, the
other half to the use of the United States ; and such seaman or
mariner, not having signed (uch contra#, (hall not be bound b\
the regulations, nor lubjett to the penalties and forfeitures con
tained in this act.
And br it That at the foot of every such
there fh all be a memorandum in writing, of the day and the hour,
on which such seaman or mariner, who ihall fofhip and fubferibe,
shall render thtijifelves on board to begin the voyage agreed up
on. And if any such seaman or mariner shall neglcft to render
himfelf on board the {hip or veflel, for which he has (hipped, at
the time mentioned in such memorandum, and if the master,
commander, or other officer of the (hip or vefTel, shall on the chv
on u hich such negledl happened, make an entry in the log book
of fcrch ship or vefTd, of the name of such seaman or mariner, and
shall in I ke manner, note the time that he so neglected to render
himfelf (after the time appointed) every such seaman or mariner
shall forfeit for every hour, which he shall so neglt ft to render
hi«*ifelf, one day's pay, according to the rate of wages agreed up
on, to be dedutted out of his wages. And if any such seaman or
mariner shall wholly neglect to render himfelf on board of such
ihip or vefTel, or having rendered himfelf on board (hall after
wards delcri and tfcape, so that the (hip or vefTel proceed to fca
without him, evety such seaman or mariner shall forfeit and pay
to the mailer, owner, or ronfignee of the said ship or vefTel, a sum
equal to that which (hall have been paid to him by advance at
the time of figningthe con»raft,over and befidesthe sum so advan
ced, both which sums Ihall be recoverable in any court, or before
any justice or justices of any State, city town or county within
the United States, which, by the laws thereof, have cognizance
of debts of equal value, against such seaman or mariner,or his surety
or sureties, in cafe he shall have given surety to proceed the voyage.
And be it enafitd y That if the mate or firft officer undei
the master, and a majority of the crew of any Ihip or vessel, bound
on a voyage to any foreign port, lllill, after the voyqge is begun
(and before the (hip or vefTel (hall have left the land) diffcover
that the said (hip or vessel is too leaky, or is otherwise unfit in
her crew, body, tackle, apparel, furniture, provisions or (lores,
to proceed on the intended vdyage, and (hall require such unfit
nefs to b~ "nquired into, the master or commander shall upon the
requeftof the said mate, (or other officer) and such majority, forth
with procecd to, or stop at, the nearest or most convenient port or
place where such enquiry can be made, and (hall there apply to
the judge of the diftrift court, if he shall there reside, or if no%
to some Justice of the Peace of the city, town, or place, taking
with him two or more of the said crew who fnall have made (uch
requefl; and thereupon such jndge orjuftice is hereby authorised
and required toifTue his precept directed to three pcrfons in the
neighborhood the mofl fkilful in maritime affairs that can be
procured, requiring them to repair on board such (hip or veflel,
and to examine the fame in refpeft to the defe&s and inefficien
cies complained of, and to make report to him, the said judge,
or justice, in writing under their hands, or the hands of two of
them, whether in any, or in what refpefct the said (hip or vefTel is
unfit to procecd on the intended voyage, and what addition of
men, provi r ions, or flores, or what repairs, or alterations in the
body, tackle or apparel will be necefTary ; and upoiv such report
the said judge or juft:cc shall adjudge and determine, and ihall
endorse on the said report his judgment, whether the said fhipor
vefTel is fit to proceed on the intruded voyage, and if not, whether
such repairs can be made, or deficiencies. fuppliccL where the
Ihip or veflf-1 then lays, or whether it be neceiTary for the said
(hip or vessel to return to the port from whence she firft failed, to
be there refuted, and the master and crew shall, in all things
conform to the said judgment ; and the master or commander
(ha!!, in the firft instance, pay all the costs of such view, report,
*nd«judgmem, to be taxed and allowed on a fair copy thereof
certified by the said judge or justice. But if the complaint of the
said crew shall appear upon the said reuort and judgment, to have
beep without foundation, then the said master, or the owner or
consignee of such ship or vefTel, shall deduct the amount thereof,
and of rcafonnble djrhages for the detention, (to be afceriained
by the said judge or justice) out of the wares growing due to the
complaining feamenor mariners. And if afcer such judgment,
iuch ship or veflel is fit to procecd on her intended voyage, or af
ter procuring fu»h men, provisions, ftor s, repairs or alterations
as may be dire&ed, the said seamen or mariners, or either of them,
ihall vefufe to proceed on the voyaga, it shall and may be lawful
for any J»ftice ; of the peace to commit by warrant under his hand
»nd sens, every such seaman or mariner, (who shall so refufe) to
the common gaol of the county, there to remain without bail or
mainprise, until he shall have paid double the sum, advanced to
him v at the time of fnbfcribing thi contra# for the voyage, toge
ther wit h (uch readable costs as shall be allowed by the said juf
tiee, and mf-rted in the f<rid.wariant, And the surety or sureties of
such seaman or maruier (in cafe he or they shall have given any)
(hill rsmam l?able for such pjymrnt, m>r shall any fach leaman
or mariner, be upon anv : writ of habeas corpus, or o
tnrrwif-. until such sum be paid by him or them, or his or their
surety o? sureties. for waat«f any form of commitment, or other
previous proceedings : Provided, That fu/Kcioifc matter shall be
made to appear, upon the return of such habeas corpus and an
examination then to be had, to detain Inm lor the causes herein
before afTigned.
And be it enafled, That if any person shall harbor or se
crete any seaman or mariner belonging to any ship or vefTel,
knowing them to belong thereto, evfry such person, on convic
tion thereof, before any court in the city, town or county, where
he, flie or they may reiide, Hull forfeit and nay ten dollars for
every day which he, ihe or they (hail continue so to harbor or fc
crete such seaman or mariner, one half to the Ul'eof the person pro
fccuting for the fame, the other half to the life of the United
States ; and no sum exceeding one dollar, shall be recoverable
from any seaman or mariner by any one person, for any debt, con
trasted daring the time such seaman or mariner shall actually be
long to any ship or vefltl, until the voyage, for Which such seaman
or mariner engaged, (hall be ended.
And be it enabled, That if any ftaman or mariner, who (hall
have fubferibed such contrast as is herein before described, shall
absent himfelf from on board the ship or vefTel in which he shall
so have (hipped, without leave of the master, or officer com
manding on board, and the mate, or other officer having charge
»f the log-book, shall make an entry therein, <>f the name ot such
f aman or mariner, on the day on which he (hall so absent him-
If, and if such seaman or mariner shall return to his duty with
in forty-eight hours, such seaman or mariner lhall forfeit three
ay's pay, for every day which he shall so absent himfelf, to be
ledufted out of his wage s ; but if any seaman or mariner shall
absent himfelf for more than forty-eight hours ac one time, he
lhall forfeit all the wages due to him, and all his goods and chat
ties which were on board the said fliip or vefTel, or in any ftorc
\ here they ipay have been lodged the time of his defcrtion, to
the use of the owners of the ship or vefTel, and moreover shall be
iable to pay to him or them, ail damages, which he or they may
attain, by being obliged to hire other seamen or mariners in his
or their place, and such damages shall be recovered with costs in
any court, or before any justice or justices, having jurifdiftion
of the recovery of debts, to the value of ten dollars or upwards.
And be itenatted, That every seaman or mariner shall be entitled
to demand and receive from the mailer, or commander of the ship
vefTel to which they belong, one third part of (he wages which
hall be due to him,at every port where such ship or vefTel shall un
adc and deliver her cargo, before the voyage be ended, unless the
ontrary be expressly stipulated in ihe contrast. and as soon as the
voyage is ended, and the cargo or ballast be fully discharged at
ie last port of delivery, every seaman or mariner shall be entitled
• the wages which shall be then due according to his contra# ;
nd if fucn wages shall not be paid within ten days after such dis
charge, or if any dispute shall a rife between the master and sea
men or mariners touching the fiid wages, it shall be lawful* for
the judge of thediftuft whercthe said ship or vefTel shall be, or,
in cafe his residence be more than three miles from the place, or
of his ahfence from the place of his residence, then, for any judg
or juflicc of the peace, to fummou the master of such ship or vet
fel to appear before him, to shew cause, why process should not
ifTue againftfu<h ship or vefTel, her tackle, furniture and apparel,
according to the course of admiralty courts, to infwer for the said
wages; and if the master shall neglect to appear, or appearing,
shall not shew that the wages arc paid, or othcrwife fatisfi<-d or for
feited, and it the matter in dispute shall not be forthwith fettled,
in such cafe, the judge or jufttce shall certify to the clerk of the
court of the diftnft, that there is fufficient caufc of complaint,
whereon to found admiralty process, and thereupon thecleikul
such court shall ifTue proccfs against the said ship or vefTel, and
thefuit shall be proceeded on in the said court, and final judg
ment be given, according to the course of admira ty courts in such
cases used, and in such suit, all the seamen or mariners (having
caufc of complaint of the like kind, agamft the fame ship or vci
fel) shall be joined as complainants, and it shall be incumbent on
the master or commander, to produce the contrast, and lo -book,
if required, to afccrtain any meters in dispute, otherwHe th?
complainants shall be permitted to state the contents thereof, and
the proof of the contrary, shall lie on the master or commander,
but nothing herein contained shall prevent any seaman or mariner
from having, or maintaining any action, at common law, for
the recovery of his wages, or from immediate proccfs out of any
court having admiralty jurifdiftion, wherever any ship or vefTel
maybe found, in cale Ihe fhafl have left the port of deliv.ry
where her voyage ended, before payment of the wages, or in cafe
she shall be about to proceed to sea before the eud of the ten days,
next atrer the delivery of her cargo or ballast.
And be it enacted, That if any seaman or mariner, who shall
have ligncd a contrast to peiform a voyage, shall, at any port 01
place, defert,or (hall absent himfelf from such ship or vefTel with
out leave of the master, or office* commanding in theabfenceof
the master, it shall be lawful for any justice of peace, within the'
United .States (upon the complaint ot the maftet) to ilfue his war
rant to apprenend such deserter, and bring him before fuchjuflice
and if it theft lhall appear by due proof, that he has figncd a con
trast within the intent and meaning of this ast, and that the
voyage agreed tor ;s not finifhed, altered, or the contrast other
wile diftblved, and that such seaman or maiincr has def.rted the
Ihipor vefLl, or absented himfelf without leave, the said justice
lhall commit him 10 the house ot correction, or common goal of
the city, town or place, there to remain until the said ship or vcf
fel shall be ready to proceed on her voyage, or till th» master shall
require his discharge, and then to be delivered to the said master,
he paying all the coil of such commitment, and dedutting the
fame out of the wages due to iuch seaman or mariner.
And be it enafled, That every ship or vefTel belonging to a citi
zen or citizens of the United States, of the burthen of one hun
dred and fifty tons or upwards, navigated by ten or more pcrfons
in the whole,and bound on a vOyage without the limits of the U
nited States, shall be provided with a chcft of medicines, put up
by some apothecary of known reputation, and accompanied by
directions for admimflei ing the lame; and the said medicines
lhall be examined by the lame or some other apothecary, once at
ieaft in every year,and iupphed withtrcfh medicines,in the place
of such as shall have been used ftr spoiled, and in defaultof having
such medicine chelt so provided, and kept fit for use, ihj mafte?
or commandcr of such ship or vwflel, shall provide and pay for all
such advice, medicine, or of phyfici?ns, as any of the
crew lhall ltand in need of, in caTe of sickness, at etcry poit or
place, where the ship or veiTel may touch or trade at during the
voyage, without any deduftton from the wages otfuchfick fea"inan
or mariner.
'ATES*
And be it enabled, That every (hip or vcffel, belonging asafore
faid, bound on a voyage across the Alantic ocean, Shall, at the
time-os leaving the lad port from whence (he fail!, have on board
well secured under decli, at least sixty gallons of water, one hun
dred pounds of fitted flclh meat, and one hundred pounds of
whollome <hip bread, for every person on board such ihip or ves
sel, overand befidcs such other provisions, ftorci and live flock as
(hall by the mailer, or passengers be put on board, and in like pro
portion for Ihorter or longer voyages ; and in cafe the crew of a
ny (hip or velLI, which (hall not have been so provided, (hall be
put upon Ihort allowance in water, flelh or bread, duiine the
voyage the matter or owner of such (hip or vcffcl shall pay *
each of (he crew, one day's wages beyond the wages agreed on,
tor every day they shall be so put to Aort allowance, to be reco
vered in the lame manner as their stipulated wages
FREDERICK AUGUSTUS MUHLENBERG,
of tbejioufe of Rehrrfcntahvet
JOHN ADAMS, Viec-Prejidcn of the United States.
. • President of the Senate.
ApritOVED, T\J L Y THE TWENTIETH ,
nu? Co p E v ) VASH INGTON ' Pxf'dvncfth, Unlte&s.
540
TBQMAS JEFrXRSOM, -Seer-tar, of Stat,,
FOR SALS
The IRON WORKS,
Belonging to the Eftatc of james hunter. deceafcJ,
pleasantly fuuatcd on the falls of Rappahannock River, with
in two miles of the town of Frederickfburg, and one ot Falmouth
and Tide-Water Consisting of a Forge* 130 feet by /ja, ei?hc
fires, and four hammers—a Coal House, 8o feet by 40 —a slitting
aid Rolling Mill, 68 feet by 30, for Sheet, Rolled and Slit Iron-
A Merchant Mill, 70 feet by 36, with two pair of stones ; one
whereof French Burr, and every other neccfTary apparatus for
manulafturing Flour in the best method.—A Saw Mill adjoining
rhe fame, 6o teet by I©. The walls of all these ave of
flone, extremely strong and neat, of the best workmanship. The
running gcers, machinery and fixtures of the whole,
ly and judiciously contrived, and performed in the most masterly
and advantageous manner, on large and improved plans. The
different departments are conveniently d fpofed and arranged at
proper diftanccs, on a deep and capacious canal, calculated to
supply more large and extensive works, and future improvements;
cautiously secured and guarded against cafuallies from frefhets, or
high floods ; has its source in the mam body of the rivrr ; a co
pious proportion whereof, to any reasonable degree of quantity,
is at pltafurr collected and turned 111 by a compleat set of well
conftrufted strong dams, which have not broke, or given wav,
since their formation, near nineteen years past.—-The head, and
fall of the waier operating on the wheels, is about twenty feet:
the greatest part of the works are in good repair, and the whole
may be rendered foat a small cxpcnce. In the appendages there
to, are a convenient Tanvard, variety of shops and utenfifs for
mechanical buCnefs of different kinds, houses for the Managrrs,
Workmen, &c.-r And about 4 to 80co acres of land contiguous,
mostly wooded, including some Farms and meadow land, d'fj,
will be offered for sale, a number of valuable Slaves, such as H
mermen, Refiners, Colliers, Forge Carpenters, Wheelwrights,
Smiths, Millers, Waggoners, &c. These works have advantages
over any in America, particularly in refpeft to the sale of their
produce, as there is none of the kind to the southward thereof
most of which extensive; rich and fertile country, there is easy
conveyance by water ; nor is there any Forge within qo tniles,
nor a Slitting mill at all in this State, which might fhiire the cuf
torn, or vie w.ith its manufaftory—fome other peculiar advantag
es that can best be pointed out on thepremifes, which on applica
tion will be shewn, and the terms of Sale made known, and vciy
easy for the purchaser, by
Virginia, May 2S, 179?.
Treasury Department*
July j3, 1790.
TICE is hereby given, that Propyls will be rectivtd at the ojficr
of the Secretary oj the Treajury, to the JiiJi day cj' Odober next in
c(jf:ve, Jor t'lirfupply oj all rations, which may be rrautrrdjor the vfeof
the United States, from the firjl day of January to Vie thirty firfi dav of
December 1791, both days rnc/ujive, ut the places, and within the drjlriu 5
herein ajter mentioned, viz.
At arty place or places, betwixt Yorktown in the Jlate of Pennfylvar.ia %
and Fort Pitt and at Fort Pitt,
At any place or places, betwixt Fort ritt and Fort M'lnto/k, on tJii
River Ohio, and at Fort Mlntojh.
At anyplace or places, betwixt Fort M'lntoJh and the mouth oj the Ri
ver Mnjkingvm, an Ja/ the mouth oj the River Mujkingum.
■ U any place or placet, betwixt the mouth of the River Mufiingum, and
ap the fud River to tie TvJcarozodS, and at the Tufcarowas, and tkcr.ce
over to the River, and down the said River to its mouth.
At anyplace or places, betwixt the mouth oj the river Mujkingum, and 1
the mouth of the Scioto River, and at the mouth ojtke said River Scioto.
At any place or places, betwixt the month oj Scioto River, and the r.outk
oj the great Miami at the month of the great Miami, and from thente t>
the Rapids, oh M<r /<z//j of the Ohio and at thefaid Rapids.
At any place or places, betwixt the mouth of the great Miami, ut> the
fa y d Miami, /<? an/<z/ Piquetown, <2r<f thcnce over to the Miami Village.,
on the river of the fame name which empties into Lake Erie.
At any place or places from the rapids of the Ohio, to the mouth oj the
IVabafh, thence up the said Wabajhto Pojl St. Vincennes, as Pofl St. Vin
cennes, and thence up the said river Wabfh, Miami Village, £<•-
deferibed.
At any place or places J rom the mouth of the JVaba/h river to the mouth
of the river Ohio.
At any tlace or places, on the eafl fide of the river Miffifippi,from the
mouth oj the Ohio river, to the mouth of the Illinois river.
At any place or places, from the mouth of the Miami river to the Miami
Village.
At any place or pi aces, from the Miami Village to Sindujky, and cH
Sandufiy y andjrom Sandufky to the mouth of Cayoga river.
At any place or places, betwixt Fort Pitt aud enango, and at Venango.
At any place or places, betwixt Venango and Le Bcuf and at Le Beuf
betwixt Le Bcuf and and Prefq'lfle, at Prefq'lfle, and betwixt Prefif
Isle and the mouth of Cayoga river.
At the mouth of Cayoga river, and at any place or places, on the rout
from Fort Pitt, to the mouth of Cayoga river, by the way of Big Beaver
creek.
At any placcor places, on the eajl fide of the Mijifppi, between the
mouth of the Ohio and the rivtr Margot inc/ujirefy.
At anyplace or places,from thefaid river Margot, to the river Yazous
inclufwely.
At any place or placesfrom the mouth of the river Tcnnefee, toOcochap-<
po or Bear creek, on the said river inclusively.
Should any rations be required at an\places, or within other djlrich,
notfpeeified in thefc propojals,lhe price of the fime to be hereafter agreed
on, betwixt the public ana the contrador.
I he rations to be fubphtd are to confifl of the following articles, viz.
One pound oj bread or flour,
One pound of beef, or % of a pouud of pork.
Half a jilt of rum, bra nay or whisky,
One quart of fait, }
Two quarts of vine rar. f .
Irvo pundio/ fjip, > t !r - 100
One pound of Candles, J
The propojkis mujl fpecify the lowejl price per ration. Ko credit is re-
V ilrid - ALEXANDER HAMILTON,
Secretary of the Trcafury.
THE Creditors of Col. ELISH A SHELDON, of Salisbury, are
hereby notified, That the Subscribers being appointed Truf
tccs of said She ldon's estate, will attend to the business of their
appointment on the firft Monday of August next, at the house of
Jacob its Da v is. in said Salisbury, agreeable to the Ast of Assem
bly.—The interest of the creditors requires their general atten
dee.. HEZEKIAH FITCH, > T n „
JOHN BIRD, I Tru{l " s "
Salflurv, (Conner.icut/, JuneiZ, 1783.
The Mail Diligence,
FOR PHILADELPHIA,
LEAVES the Ferry-Stairs, at New-York, Ten minutes after
&ght o'clock every morning except Sunday.
Stage City Tavern, £
Broad-Way, New-York 7 M * g .5»*790.
gCT 3 A large imprejfion of this paper having heft
flrrtck off from the commencement of the second vol.
April 14. —Those -who incline to become fnbfcrtbers
from that peritdmay be f;trnifbti with the numhtfi
compleat, 1
ADAM HUNTER, or > _
ABNER VERNON. J Kk " cu ' ,r! '
< (3w.)