2730 ARTICLE 84.
An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1856, ch. 198, sec. 5.
4. The class of persons above named, on conviction for unlawfully
going on board a vessel, shall be fined not less than fifty nor more than
three hundred dollars, and be imprisoned not less than one month nor
more than six months, 'at the discretion of the judge who tries the case.
An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1856, ch. 198, sec. 6.
5. Any master or person in charge of a vessel shall have power to seize
and arrest on board his vessel any of the class of persons above mentioned
who are prohibited from going on board of any vessel in this State, and to
take them before any justice of the peace to be dealt with according to law.
An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1856, ch. 198, sec. 7.
6. At the trial of any person for going on board a vessel without per-
mission first had and obtained, it shall be incumbent on him to prove that
he had received permission to enter; in default of his proving this, he shall
be considered as having entered without permission, and found guilty
accordingly.
An. Code, sec. 7. 1904, sec. 7. 1888, sec. 7. 1856, ch. 198, sec. 8.
7. If any person shall ship as a first-class or ordinary seaman and
upon trial prove to be incapable of performing the duties of the situation
for which he shipped, his pay shall be reduced to the pay of that grade for
which he shall be found competent.
An. Code, sec. 8. 1904, sec. 8. 1888, sec. 8. 1856, ch. 198, sec. 9.
8. A copy of the articles of any vessel, authenticated by the affidavit
of the captain, sworn to before any justice of the peace or notary public,
shall be admissible in evidence to prove the fact that any seaman whose
name appears subscribed thereto has actually signed said articles.
An. Code, sec. 9. 1904, sec. 9. 1888, sec. 9. 1856, ch. 198, sec. 10.
9. When the testimony of any master of a vessel, or other transient
person, shall be deemed by a justice of the peace before whom a prosecu-
tion is commenced to be necessary at the trial of the case, such justice of
the peace shall have power, after five days' notice to the party accused, to
summon such witnesses before a justice of the peace to give evidence in the
same manner as if examined in open court—the accused having the right
to cross-examine the witness; the evidence shall be certified and sealed up
by the justice of the peace and shall be used on the trial of the case; pro-
vided, the party prosecuting makes oath that the witness whose examina-
tion has been taken is not at the time of trial within the jurisdiction of
this State.
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