ART. 38. ] SEAMEN.

305

of any vessel in any of the harbors of this State without having
previously obtained permission of the master or other person having
charge of the vessel, shall be deemed guilty of a misdemeanor.

sion, guilty of a
misdemeanor.

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.

Id s 5.
185b, c 198, s S
Penalty

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.

Id s 6
1856, c 198, s 6
Master of vessel
may arrest

6. At the trial of any person for going on board a vessel without
permission 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 per-
mission, and found guilty accordingly.

Id s 7
1856, c 198, s 7
Party charged
to prove permis-
sion to board

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 have been found competent.

Id s 8
1856, c 198, s. 8
When pay of
seaman to be
reduced.

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 article.

Id s 9
1856, c 198, s 9
Copy of articles
evidence of sea-
man baring
signed

9. When the testimony of any master of a vessel, or other tran-
sient person, shall be deemed by a justice of the peace before whom
a prosecution 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

Id s 10
1856, c 198, s 10
Testimony of
master, or other
transient per-
son, how taken.

peace, and shall be used on the trial of the case; provided the party
prosecuting makes oath that the witness whose examination has
been taken is not at the time of the trial within the jurisdiction of
this State.

Proviso