Discipline.

Application of
Forfeitures.

Questions of Forfeitures may be decid

Merchant Shipping (Part III. Masters and Seamen.)

Month or other the Period herein-before mentioned in fixing the Amount of such Forfeiture (as the Case may be) bears to the whole Time spent in the Voyage; and if the whole Time spent in the Voyage does not exceed the Period for which the Pay is to be forfeited, the Forfeiture shall extend to the whole Wages or Share.

CCLIII. All Clothes, Effects, Wages, and Emoluments which under the Provisions herein-before contained are forfeited for Desertion shall be applied in the first instance in or towards the Reimbursement of the Expenses occasioned by such Desertion to the Master or Owner of the Ship from which the Desertion has taken place; and may, if earned subsequently to the Desertion, be recovered by such Master, or by the Owner or his Agent, in the same Manner as the Deserter might have recovered the same if they had not been forfeited; and in any legal Proceeding relating to such Wages the Court may order the same to be paid accordingly; and subject to such Reimbursement the same shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom; and in all other Cases of Forfeiture of Wages under the Provisions herein-before contained the Forfeiture shall, in the Absence of any specific Directions to the contrary, be for the Benefit of the Master or Owner by whom the Wages are payable.

CCLIV. Any Question concerning the Forfeiture of or Deductions from the Wages of any Seaman or Apprentice may be ed in Suits for determined in any Proceeding lawfully instituted with respect Wages. to such Wages, notwithstanding that the Offence in respect of which such Question arises, though hereby made punishable by Imprisonment as well as Forfeiture, has not been made the Subject of any Criminal Proceeding.

Penalty for false State

Ship or Name.

CCLV. If any Seaman on or before being engaged wilfully and fraudulently makes a false Statement of the Name of his ment as to last last Ship or last alleged Ship, or wilfully and fraudulently makes a false Statement of his own Name, he shall incur a Penalty not exceeding Five Pounds; and such Penalty may be deducted from any Wages he may earn by virtue of such Engagement as aforesaid, and shall, subject to Reimbursement of the Loss and Expenses (if any) occasioned by any previous Desertion, be paid and applied in the same Manner as other Penalties payable under this Act.

Fines to be

CCLVI. Whenever any Seaman commits an Act of Misdeducted from conduct for which his Agreement imposes a Fine, and which it Wages, and is intended to punish by enforcing such Fine, an Entry thereof shall

Merchant Shipping (Part III. Masters and Seamen.)

shall be made in the official Log Book, and a Copy of such Entry shall be furnished or the same shall be read over to the Offender, and an Entry of such reading over, and of the Reply (if any) made by the Offender, shall be made, in the Manner and subject to the Conditions herein-before specified with respect to the Offences against Discipline specified in and punishable under this Act; and such Fine shall be deducted and paid over as follows; (that is to say,) if the Offender is discharged in the United Kingdom, and the Offence and such Entries in respect thereof as aforesaid are proved, in the Case of a Foreigngoing Ship to the Satisfaction of the Shipping Master before whom the Offender is discharged, and in the Case of a Home Trade Ship to the Satisfaction of the Shipping Master at or nearest to the Place at which the Crew is discharged, the Master or Owner shall deduct such Fine from the Wages of the Offender, and pay the same over to such Shipping Master; and if before the final Discharge of the Crew in the United Kingdom any such Offender as aforesaid enters into any of Her Majesty's Ships, or is discharged abroad, and the Offence and such Entries as aforesaid are proved to the Satisfaction of the Officer in command of the Ship into which he so enters, or of the Consular Officer, Officer of Customs, or other Person by whose Sanction he is so discharged, the Fine shall thereupon be deducted as aforesaid, and an Entry of such Deduction shall then be made in the official Log Book (if any) and signed by such Officer or other Person; and on the Return of the Ship to the United Kingdom the Master or Owner shall pay over such Fine, in the Case of Foreign-going Ships, to the Shipping Master before whom the Crew is discharged, and in the Case of Home Trade. Ships to the Shipping Master at or nearest to the Place at which the Crew is discharged; and if any Master or Owner neglects or refuses to pay over any such Fine in manner aforesaid he shall for each such Offence incur a Penalty not exceeding Six Times the Amount of the Fine retained by him: Provided that no Act of Misconduct for which any such Fine as aforesaid has been inflicted and paid shall be otherwise punished under the Provisions of this Act.

Discipline.

paid to Ship

ping Master.

CCLVII. Every Person who by any Means whatever per- Penalty for suades or attempts to persuade any Seaman or Apprentice to enticing to neglect or refuse to join or to proceed to Sea in or to desert from desert, and harbouring his Ship, or otherwise to absent himself from his Duty, shall Deserters. for each such Offence in respect of each such Seaman or Apprentice incur a Penalty not exceeding Ten Pounds; and every Person who wilfully harbours or secretes any Seaman or Apprentice who has deserted from his Ship, or who has wilfully neglected or refused to join or has deserted from his Ship, knowing or having Reason to believe such Seaman or Apprentice to have so done, shall for every such Seaman or Apprentice

Discipline.

Penalty for obtaining Passage surreptitiously.

by required to be handed over to Suc

Merchant Shipping (Part III. Masters and Seamen.)

so harboured or secreted incur a Penalty not exceeding Twenty Pounds.

CCLVIII. Any Person who secretes himself and goes to Sea in any Ship without the Consent of either the Owner, Consignee, or Master, or of a Mate, or of any Person in charge of such Ship, or of any other Person entitled to give such Consent, shall incur a Penalty not exceeding Twenty Pounds, or be liable to Imprisonment with or without Hard Labour for any Period not exceeding Four Weeks.

On Change of CCLIX. If during the Progress of a Voyage the Master is Masters, Do- superseded or for any other Reason quits the Ship and is succuments here- ceeded in the Command by some other Person, he shall deliver to his Successor the various Documents relating to the Navigation of the Ship and to the Crew thereof which are in his Cus1ody, and shall in default incur a Penalty not exceeding One hundred Pounds; and such Successor shall immediately on assuming the Command of the Ship enter in the Official Log a List of the Documents so delivered to him.

cessor.

Naval Courts.

Naval Courts

may be summoned for

Naval Courts on the High Seas and abroad.

CCLX. Any Officer in command of any Ship of Her Majesty on any Foreign Station, or, in the Absence of such Officer, any hearing Com- Consular Officer, may suminon a Court, to be termed a Naval plaints, and Court," in the following Cases; (that is to say,) investigating Wrecks on

the High Seas or abroad.

Constitution of

(1.) Whenever a Complaint which appears to such Officer to require immediate Investigation is made to him by the Master of any British Ship, or by any certificated Mate, or by One or more of the Seamen belonging to any such Ship:

(2.) Whenever the Interest of the Owner of any British Ship or of the Cargo of any such Ship appears to such Officer to require it:

(3.) Whenever any British Ship is wrecked or abandoned or otherwise lost at or near the Place where such Officer may be, or whenever the Crew or Part of the Crew of any British Ship which has been wrecked, abandoned, or lost abroad, arrives at such Place.

CCLXI. Every such Naval Court as aforesaid shall consist such Courts. of not more than Five and not less than Three Members, of whom, if possible, One shall be an Officer in the Naval Service of Her Majesty not below the Rank of Lieutenant, One a Consular Officer, and One a Master of a British Merchant Ship,

and

Merchant Shipping (Part III. Masters and Seamen.)

and the rest shall be either Officers in the Naval Service of Her Majesty, Masters of British Merchant Ships, or British Merchants; and such Court may include the Naval or Consular Officer summoning the same, but shall not include the Master or Consignee of the Ship to which the Parties complaining or complained against may belong; and the Naval or Consular Officer in such Court, if there is only One such Officer in the Court, or, if there is more than One, the Naval or Consular Officer, who, according to any Regulations for settling their respective Ranks for the Time being in force, is of the highest Rank, shall be the President of such Court.

Naval Courts.

tion of such

CCLXII. Every such Naval Court shall hear and investigate General Funethe Complaint brought before it, or the Cause of the Wreck or tions and Abandonment, (as the Case may be,) and may for that Pur- Mode of Acpose summon and compel the Attendance of Parties and Wit- Courts. nesses, and administer Oaths, and order the Production of Documents, and shall conduct the Investigation in such Manner as to give any Person against whom any Charge is made an Opportunity of making a Defence.

CCLXIII. Every such Naval Court may, after hearing the Power of suck Case, exercise the following Powers; (that is to say,)

Courts:

(1.) It may, if unanimous that the Safety of the Ship or Crew, To supersede or the interest of the Owner, absolutely requires it, super- the Master: sede the Master, and may appoint another Person to act in his Stead; but no such Appointment shall be made without the Consent of the Consignee of the Ship, if then at the Place:

(2.) It may discharge any Seaman from his Ship:

To discharge

a Seaman :

(3.) It may order the Wages of any Seaman so discharged or To forfeit any Part of such Wages to be forfeited, and may direct Wages: the same either to be retained by way of Compensation to the Owner, or to be paid into the Receipt of Her Majesty's Exchequer in the same Manner as other Penalties and Forfeitures under this Act:

(4.) It may decide any Questions as to Wages, or Fines, or To decide Forfeitures, arising between any of the Parties to the Disputes as to Wages, &c : Proceedings:

(5.) It may direct that all or any of the Costs incurred by To direct the Master or Owner of any Ship in procuring the Costs of Imprisonment to Imprisonment of any Seaman or Apprentice in a Foreign be paid out of Port, or in his Maintenance whilst so imprisoned, shall Wages: be paid out of and deducted from the Wages of such Seaman

Naval Courts.

To send home
Offenders for

Trial:

To order Payment of Costs,

&c.

Orders to be entered in Official Log.

Report to be.

Merchant Shipping (Part III. Masters and Seamen.)

Seaman or Apprentice, whether then or subsequently earned:

(6.) It may exercise the same Powers with regard to Persons charged before it with the Commission of Offences at Sea or abroad as are by this Act given to British Consular Officers :

(7.) It may order the Costs of the Proceeding before it (if any), or any Portion thereof, to be paid by any of the Parties thereto, and may order any Person making a frivolous or vexatious Complaint to pay Compensation for any Loss or Delay caused thereby; and any Cost or Compensation so ordered shall be paid by such Person accordingly, and may be recovered in the same Manner in which the Wages of Seamen are recoverable, or may, if the Case admits, be deducted from his Wages:

And all Orders duly made by any such Court under the Powers hereby given to it shall in any subsequent legal Proceedings be deemed conclusive as to the Rights of the Parties.

CCLXIV. All Orders made by any such Naval Court shall, whenever practicable, be entered in the Official Log Book of the Ship to which the Parties to the Proceedings before it belong, and shall be signed by the President of the Court.

CCLXV. Every such Naval Court shall make a Report to made of Pro- the Board of Trade, containing the following Particulars; ceedings of Naval Courts. (that is to say,)

(1.) A Statement of the Proceedings, with the Order made. by the Court, and a Report of the Evidence:

(2.) An Account of the Wages of any Seaman or Apprentice who is discharged from his Ship by such Court:

(3.) If summoned in order to inquire into a Case of Wreck or Abandonment, a Statement of the Opinion of the Court as to the Cause of such Wreck or Abandonment with such Remarks on the Conduct of the Master and Crew as the Circumstances require :

And every such Report shall be signed by the President of the Court; and every Document purporting to be such a Report and to be so signed as aforesaid shall, if produced out of the Custody of some Officer of the Board of Trade, be deemed to be such Report, unless the contrary is proved, and shall be received in Evidence, subject to all just Exceptions.

CCLXVI.