« EelmineJätka »
from deciding each individual case which comes to him by way of appeal in accordance with the particular facts and circumstances thereof.
(22, Seamen.—23, Stowaways.-24, Ports of entry, Canada.—25, Admission and exclusion, Canadian ports.—26, Ports of entry, Mexico.—27, Adinission and exclusion, Mexico.--28, Fine, bringing of diseased aliens.—29, Fine, failure to deliver manifests.-30, Fines,
reporting of.) RULES RELATING TO DEPORTATION.
(31, Deportation, aliens subject to.-32, Public charges from prior causes.-33, Public charges, medical certificate.-34, Deportation, application for warrant.-35, Deportation, procedure.-36, Deportation, cost of maintenance.-37, Deportation, attendant.–38, Depor
tation, where to.—39, Deportation by consent.) RULES RELATING TO TRANSIT.
(40, Aliens in transit.—41, Aliens in transit, head tax for.) MISCELLANEOUS RULES.
(42, Cattlemen.-43, Administration of oaths.-44, Posting of immigration acts.-45, Official communications.-46, Telegraphing.
47, Uniforms.) STATISTICAL RULES.-I.-XXXII.
Resolutions relative to an amendment of the Federal Constitution enabling Congress to enact laws regulating hours of labour. (Adopted in the House of Representatives on the 23rd February, 1906, and in the Senate, in concurrence, on the 28th February, 1906.)
Resolved,—That in the opinion of the general Court of Massachusetts it is desirable that the Constitution of the United States should be so amended as to put it clearly within the power of Congress to enact laws regulating the hours of labour in the several States, according to some uniform system; and the Senators and representatives of this Commonwealth in Congress are hereby requested to use their influence to secure the adoption of the pending resolution proposing such an amendment to the Constitution.
Resolved, -That properly attested copies of these resolutions be forwarded by the Secretary of the Commonwealth to the presiding officers of both branches of Congress, and also to the Senators and representatives in Congress from this Commonwealth.
I. Loi du 29 décembre 1905 sur la Caisse de prévoyance des marins français
contre les risques et accidents de leur profession. (B. de l'O., d. T. XIII.,
No. 2, février 1906, pp. 171-8.) 1. Act of 29th December, 1905, relating to the insurance of French seamen
against the risks and accidents of their calling.*
*See E.B., I., p. LXXIV.
PART I. CONSTITUTION OF FUND, SOURCES OF INCOME. EXPENSES. I. For the benefit of French seamen there shall be established a national insurance fund, by which they shall be guaranteed against the risks and accidents of their calling. This fund shall be attached to the Naval Disablement Fund, but shall have an independent existence.
All registered seamen over 10 years of age, together with unregistered persons employed in any French seagoing ship other than a ship of war or a vessel exclusively employed in the public service, shall be compulsorily included in this scheme of insurance, and in no other. 2. The fund shall be invested with legal capacity. It shall be maintained :
(1) By the tax paid by the proprietors or owners of ships or boats ; (2) By the subscriptions of beneficiaries;
(3) By the gifts or legacies of private persons, and by the contingent subsidies of departments, communes, public establishments and associations ;
(4) By a subvention granted out of the revenue arising from the stopppage of 6 per cent. of drawback paid by the Mercantile Marine and fixed annually by the Minister of Marine, the whole subvention not to exceed two-thirds of the total of the said revenue ;
(5) by stoppages, which shall not, in any case, exceed 50 centimes on each 100 francs, on contracts made in connection with Navy stores ;
(6) by interest on the capital of the fund;
(7) in cases these sources of income prove insufficient, by noninterest-bearing advances made by the State, repayable at a subsequent annual incoming.
Gifts, legacies and subsidies may be accepted, even when they are earmarked for compensation, additional sick aid or additions to pension, in particular cases or for the benefit of districts specially designated by the givers or testators.
3. The individual subscription to be paid by registered and unregistered seamen shall be fixed as follows :
(1) For registered and unregistered seamen engaged in seagoing voyages in the international coasting trade or in deep-sea fishing ;
officer, or person holding similar position, one franc for every 100 francs of wages noted in the pay-sheets;
person not being an officer 75 centimes for every 100 francs of wages noted in the pay-sheets.
Exception shall be made in the case of captains commanding trading ships, who shall, in addition, pay the same subscription in respect of all perquisites, such as, particularly, primage and abatement on drawbacks. The subscriptions of chief engineers shall also extend to the abatements which are allowed them for savings on coal. Where deception or false declaration is proved subscriptions shall be increased to thrice the amount found to be in default.
(2) For registered and unregistered seamen engaged in the French coasting trade, sea-fishing, pilotage, boundary fixing or coast fishing ;
captain, master, officer, or person holding similar position, 75 centimes per month;
skipper, pilot, or person holding similar position, 40 centimes per month;
seaman or person holding similar position, 30 centimes per month ; apprentice or person holding similar position, 20 centimes per month;
cabin boy or person holding similar position, 10 centimes per month. 4. Proprietors or owners of ships or boats equipped for sea-going, for coasting, for deep-sea fishing, for sea-fishing and coast fishing, or for pilotage and boundary fixing, together with owners of pleasure boats having pay sheets or sailing licences shall pay taxes at the rate of 3 francs 50 centimes for every 100 francs of wages noted in the pay sheets as paid to registered seamen, or to the unregistered persons defined by $1.
Proprietors or owners whose ships or boats are fitted out as joint concerns are subject to the payment of a tax equal to the fixed monthly sum payable to the Disablement Fund conformably with $6 of the Act of April 11th, 1881.
Exception shall be made in the case of master-owners of boats engaged in sea-fishing, in coast fishing, in pilotage or boundary fixing, who themselves sail the said boats. Such persons shall be exempted from the tax alluded to in the preceding paragraph, and shall pay only their individual subscription as laid down in $3.
Widows and orphans of masters of this class shall have a right to similar exemption.
Their orphans shall benefit by the exemption up to the age of 16, and so long as the youngest member of the family has not reached this age.
5. Subscribers to the fund who receive wounds or are attacked by illnesses arising directly out of an accident or a risk of their calling encountered during the period of a voyage on a French vessel or in circumstances closely connected with that voyage, shall have right either to a life disablement pension, or to daily compensation, fixed, conformably with the tariff attached to this Act, under the following conditions :
If the resulting incapacity to work is absolute and permanent, they shall receive a disablement pension of the first class ;
if the incapacity to work, although permanent, is only partial, they shall receive a disablement pension of the second class ;
if the incapacity to work is temporary only, the persons concerned shall receive, during the whole period of such incapacity, daily compensation, calculated in accordance with the rate set down in the before-mentioned tariff for a disablement pension of the first class.
Members may, during a period of two years after their landing, and notwithstanding one or more subsequent intervening voyages, maintain their rights and those of their dependents so long as they are careful, before embarking on each fresh voyage, to have themselves medically examined by the practitioner appointed by the maritime authorities.
If partial permanent incapacity shall degenerate during the two years aforesaid, into absolute permanent incapacity as a result of the original accident, such degeneration shall confer a right to reconsideration of the case and to the assessment of a compensation pension of the first class.
No member who has deliberately brought about the accident or the illness upon which he founds a claim shall have any right to pension or compensation. Proof of the alleged fraud must be furnished by the accuser.
6. Widows of members who shall be killed or die in consequence of the causes and under the conditions contemplated in the preceding Section, or who shall die from the results of wounds or illnesses such as are defined in the said Section, shall have equal right to a pension fixed in conformity with the provisions of the before-mentioned tariff ; provided always that the marriage shall have taken place before the occurrence of such wounds or illness.
If the wife entitled to draw the pension provided by this Section shall re-marry and become again a widow, she cannot, on behalf of her second
husband, claim a second pension of the same nature as the first without first renouncing that which she already enjoys.
Widows of deceased members who have been drawing one of the pensions contemplated in $5 shall have a right to the same pension, provided that their marriage has taken place before the occurrence of the accident or the illness which determined the grant of this pension.
No pension shall ever be granted to a divorced woman or to one against whom a decree of judicial separation has been granted.
7. In cases where both father and mother are dead, and in those where the widowed mother shall have lost her right to pension in the circumstances contemplated in the final paragraph of $6, the orphan children of members deceased under the conditions already designated or in possession of a disablement pension, shall receive, whatever may be their number and until such time as the youngest of them shall have completed his or her sixteenth year, an annual single grant equal in amount to that of the pension which their mother formerly received or might have received.
In like manner, and under the same conditions, the widow's pension which has become no longer payable by reason of an option exercised under the provisions of paragraph 2 of the preceding Section, shall devolve, as an annual grant to the children orphaned of their father. Notwithstanding, the instalments of the annual grant shall, in this case, be payable to the mother, as guardian of the orphans.
Natural children recognised before the occurrence of the wound or the illness on which the right to pension is founded shall share in the benefits of the grant in the same degree as legitimate children.
As the elder children reach the age of 16, their share shall devolve upon
In cases where the grant is claimed by children of different marriages as against each other or against the widow, steps shall be taken to divide the grant, as in the case of half-pay, with reserve of the special case contemplated in the second paragraph of this Section.
8. There shall be allotted to members and to widows holding pensions or compensation granted under $85 and 6, an annual supplementary fixed grant of 50 francs, in respect of each child of less than 16 years
9. In the case of members leaving neither widow nor children a life annual allowance of which the rate shall be determined by the tariff attached to this Act shall be granted to each of their ascendants of the first degree.
In the case of the pre-decease of one of the ascendants or of the consecutive decease of both ascendants of the first degree, the grant which would have been, or has been, allotted to each of these deceased ascendants shall devolve upon the ascendants of the degree next above if any are living ; it shall be equally divided between these last, with reversion to the survivor or survivors.
Grants made under this Section are only payable to ascendants of over 60 years of age, who would have been entitled to a maintenance pension. Moreover, the same ascendant cannot become a holder of more than one grant allotted under the present Section.
Pensions and allowances granted under the preceding Sections do not affect military or civil pensions, so-called half-pay pensions or pensions derived from half-pay, nor yet grants to orphans made out of State funds or out of those of the Naval Disablement Fund.
Notwithstanding, disablement pensions may be reduced or suppressed by the Minister of Marine on the advice of the Special Council of Administra. tion of the Insurance Fund, on the discovery of abuses or frauds. The holder of a disablement pension of the second class who, although he has continued to carry on his calling as a professional seaman, shall not have succeded in making up, by the close of his 55th year, the sea time required by the Act of April 11th, 1881, of persons claiming a so-called half-pay pension from the Naval Disablement Fund, shall have the right to have his disablement pension of the second class raised to a disablement pension of the first class.
II. The above provisions are without prejudice to any action taken by members, their dependants or the National Insurance Fund as representing their rights, against persons responsible by law for any accident or illness.
Notwithstanding the provisions of $$1384 of the Civil Code and 213 of the Commercial Code, the owner or the proprietor of the vessel shall not be held legally responsible for offences committed by the captain or the crew. He shall be responsible only for his own personal, intentional and unjustifiable offence, the compensation and pensions payable by the insurance fund being deducted from any penalty imposed upon him.
A similar deduction shall be made in favour of any member declared to have become personally responsible towards another member.
Compensations payable by a third person shall, on the other hand, be deducted from the total sum payable by the insurance fund.
Members of the fund, captains or members of the crew shall only pay damages within the limits and according to the conditions already laid down in the case of owners or proprietors.
12. Pensions and other allowances granted under this Act shall be perpetual and are not subject to the law of distraint. They become payable :
In the case of members sailing in boats of which the skippers or their wives are owners, from the date of their landing ;
in the case of other members, from the day on which they cease to receive their wages, conformably with $262 of the Commercial Code;
in the case of wives, orphans and ascendants, from the day of the decease which establishes their rights, or, in the case of a man lost at sea, from the day when the latest news of the person in question was received.
Condemnation to a penal sentence or to a correctional sentence extending to more than six months' imprisonment shall involve, while it lasts, suspension of payment of the pension or any other allowance. Payment shall be resumed in case of rehabilitation or free pardon or on the expiration of the sentence.
During the period of suspension of payment of the pension or other allowance the wife or children of the pensioner shall receive, in his place, the total amount of the payments due during the period of suspension.
13. The payment of the pensions and annual grants for which the insurance fund is responsible shall be secured by means of :
(1) the five kinds of receipts contemplated in 82, and annually payable, but not including gifts, legacies and subsidies allotted for special additional purposes ;
(2) if need shall arise, by a loan from the Reserve Fund constituted under $14 of this Act ;
(3) in case these resources prove insufficient, by repayable advances from the State equal in amount to the actual deficit.