Discipline.

Board of Trade

Merchant Shipping (Part III. Masters and Seamen.)

may be convenient for the Parties and Witnesses to attend to institute the same, and thereupon such Persons as the Board of Trade may appoint for the Purpose, or, as the Case may be, the Local Marine Board, shall, with the Assistance of a local Stipendiary Magistrate (if any), and if there is no such Magistrate of a competent legal Assistant to be appointed by the Board of Trade, conduct the Investigation, and may summon the Master or Mate to appear, and shall give him full Opportunity of making a defence either in person or otherwise, and shall for the Purpose of such Investigation have all the Powers given by the First Part of this Act to Inspectors appointed by the Board of Trade, and may make such Order with respect to the Costs of such Investigation as they may deem just; and shall on the Conclusion of the Investigation make a Report upon the Case to the Board of Trade; and in Cases where there is no Local Marine Board before which the Parties and Witnesses can conveniently attend, or where such Local Marine Board is unwilling to institute the Investigation, the Board of Trade may direct the same to be instituted before Two Justices or a Stipendiary Magistrate; and thereupon such Investigation shall be conducted, and the Results thereof reported, in the same Manner and with the same Powers in and with which formal Investigations into Wrecks and Casualties are directed to be conducted, and the Results thereof reported, under the Provisions contained in the Eighth Part of this Act, save only that, if the Board of Trade so directs, the Person bringing the Charge of incompetency or Misconduct to the Notice of the Board of Trade shall be deemed to be the Party having the Conduct of the Case.

CCXLII. The Board of Trade may suspend or cancel the may cancel or Certificate (whether of Competency or Service) of any Master suspend Certificates in cer- or Mate in the following Cases; (that is to say,)

tain Cases.

(1.) If upon any Investigation made in pursuance of the last preceding Section, he is reported to be incompetent, or to have been guilty of any gross Act of Misconduct, Drunkenness, or Tyranny:

(2.) If upon any Investigation conducted under the Provisions contained in the Eighth Part of this Act, or upon any Investigation made by a Naval Court constituted as herein-after mentioned, it is reported that the Loss or Abandonment of or serious Damage to any Ship or Loss of Life has been caused by his wrongful Act or Default:

(3.) If he is superseded by the Order of any Admiralty Court or of any Naval Court constituted as herein-after mentioned:

Merchant Shipping (Part III. Masters and Seamen.)

(4.) If he is shown to have been convicted of any Offence: 1

(5.) If upon any Investigation made by any Court or Tribunal

authorized or hereafter to be authorized by the Legisla
tive Authority in any British Possession to make
Inquiry into Charges of Incompetency or Misconduct on
the Part of Masters or Mates of Ships, or as to Shipwrecks
or other Casualties affecting Ships, a Report is made
by such Court or Tribunal to the Effect that he has
been guilty of any gross Act of Misconduct, Drunken-
ness, or Tyranny, or that the Loss or Abandonment of
or serious Damage to any Ship or Loss of Life has been
caused by his wrongful Act or Default, and such Report
is confirmed by the Governor or Person administering
the Government of such Possession :

And every Master or Mate whose Certificate is cancelled or suspended shall deliver it to the Board of Trade or as it directs, and in default shall for each Offence incur a Penalty not exceeding Fifty Pounds; and the Board of Trade may at any subsequent time grant to any person whose Certificate has been cancelled a new Certificate of the same or of any lower Grade.

Discipline.

CCXLIII. Whenever any Seaman who has been lawfully Offences of engaged or any Apprentice to the Sea Service commits any of Seamen and the following offences he shall be liable to be punished sum- Apprentices marily as follows; (that is to say,)

and their Punishments.

(1.) For Desertion he shall be liable to Imprisonment for Desertion: any Period not exceeding Twelve Weeks, with or without Hard Labour, and also to forfeit all or any Part of the Clothes and Effects he leaves on board, and all or any Part of the Wages or Emoluments which he has then earned, and also if such Desertion takes place abroad, at the discretion of the Court, to forfeit all or any Part of the Wages or Emoluments he may earn in any other Ship in which he may be employed until his next Return to the United Kingdom, and to satisfy any Excess of Wages paid by the Master or Owner of the Ship from which he deserts to any Substitute engaged in his Place at a higher Rate of Wages than the Rate stipulated to be paid to him:

ceed to Sea, :

(2.) For neglecting or refusing, without reasonable Cause Neglecting or to join his Ship or to proceed to Sea in his Ship, or for refusing to Absence without Leave at any Time within Twenty- join, or to profour Hours of the Ship's sailing from any Port either at Absence withthe Commencement or during the Progress of any Voy- in 24 Hours age, or for Absence at any Time without Leave and before sailing,

without

Discipline.

and Absence without Leave:

Quitting without Leave before Ship is secured:

Act of Disobedience :

Continued
Disobedience :

Assault on
Officers:

Combining to disobey:

Wilful
Damage and
Embezzle-
ment:

Merchant Shipping (Part III. Masters and Seamen.)

without sufficient Reason from his Ship or from his Duty not amounting to Desertion or not treated as such by the Master, he shall be liable to Imprisonment for any Period not exceeding Ten Weeks, with or without Hard Labour, and also, at the Discretion of the Court, to forfeit out of his Wages a Sum not exceeding the Amount of Two Days Pay, and in addition for every Twentyfour Hours of Absence either a Sum not exceeding Six Days Pay, or any Expenses which have been properly incurred in hiring a Substitute:

(3.) For quitting the Ship without Leave after her Arrival at her Port of Delivery and before she is placed in Security, he shall be liable to forfeit out of his Wages a Sum not exceeding One Month's Pay:

(4.) For wilful Disobedience to any lawful Command he shall be liable to Imprisonment for any Period not exceeding Four Weeks, with or without Hard Labour, and also, at the Discretion of the Court, to forfeit out of his Wages a Sum not exceeding Two Days Pay:

(5.) For continued wilful disobedience to lawful Commands, or continued wilful Neglect of Duty, he shall be liable to Imprisonment for any Period not exceeding Twelve Weeks, with or without Hard Labour, and also, at the Discretion of the Court, to forfeit for every Twentyfour Hours Continuance of such Disobedience or Neglect either a Sum not exceeding Six Days Pay, or any Expenses which have been properly incurred in hiring a Substitute :

(6.) For assaulting any Master or Mate he shall be liable. to Imprisonment for any Period not exceeding Twelve Weeks, with or without Hard Labour:

(7.) For combining with any other or others of the Crew to disobey lawful Commands, or to neglect Duty, or to impede the Navigation of the Ship or the Progress of the Voyage; he shall be liable to Imprisonment for any Period not exceeding Twelve Weeks, with or without Hard Labour :

(8.) For wilfully damaging the Ship, or embezzling or wilfully damaging any of Her Stores or Cargo, he shall be liable to forfeit out of his Wages a Sum equal in Amount to the Loss thereby sustained, and also, at the Discretion of the Court, to Imprisonment for any Period not exceeding Twelve Weeks, with or without Hard Labour:

Merchant Shipping (Part III Masters and Seamen.)

Discipline.

(9.) For any Act of Smuggling of which he is convicted, Act of Smugand whereby Loss or Damage is occasioned to the Mas- gling causing ter or Owner, he shall be liable to pay to such Master Loss to owner. or Owner such a Sum as is suflicient to reimburse the Master or Owner for such Loss or Damage; and the whole or a proportionate Part of his Wages may be retained in satisfaction or on account of such Liability, without Prejudice to any further Remedy.

cial Log, and

CCXLIV. Upon the Commission of any of the offences enu- Entry of Of merated in the last preceding Section an Entry thereof shall be fences to be made in the official Log Book, and shall be signed by the Mas- made in offiter and also by the Mate or one of the Crew; and the Offender, to be read if still in the Ship, shall before the next subsequent Arrival of over or a Copy the Ship at any Port, or if she is at the Time in Port, before given to the Offender, and her Departure therefrom, either be furnished with a Copy of his Reply, if such Entry or have the same read over distinctly and audibly any, to be to him, and may thereupon make such Reply thereto as he also entered. thinks fit; and a Statement that a Copy of the said Entry has been so furnished, or that the same has been so read over as aforesaid, and the Reply (if any) made by the Offender, shall likewise be entered and signed in manner aforesaid; and in any subsequent legal Proceeding the Entries herein-before required shall, if practicable, be produced or proved, and in defaul: of such Production or Proof the Court hearing the Case may, at its Discretion, refuse to receive Evidence of the Offence.

vey and Per

CCXLV. Every seafaring Person whom the Master of any Seamen whom Ship is, under the Authority of this Act or of any other Act of Masters of Parliament, compelled to take on board and convey, and every Ships are comPerson who goes to Sea in any Ship without the Consent of the pelled to conMaster or Owner or other Person entitled to give such Consent, sons going in shall, so long as he remains in such Ship, be subject to the Ships without Leave, to be same Laws and Regulations for preserving Discipline, and to subject to the same Penalties and Punishments for Offences constituting Penalties for or tending to a Breach of Discipline, to which he would be Breach of subject if he were a Member of the Crew and had signed the Agreement.

Discipline.

Deserters

CCXLVI. Whenever, either at the Commencement or during Master or the Progress of any Voyage, any Seaman or Apprentice neglects Owner may or refuses to join or deserts from or refuses to proceed to Sea in apprehend any Ship in which he is duly engaged to serve, or is found without Warotherwise absenting himself there from without Leave, the rant. Master or any Mate, or the Owner, Ship's Husband, or Consignee, may, in any Place in Her Majesty's Dominions, with or without the Assistance of the Local Police Officers or Constables, who are hereby directed to give the same, if required, and also at any Place out of Her Majesty's Dominions, if and

Discipline.

Deserters may be sent on board in lieu of being im prisoned.

Seamen imprisoned for Desertion or

cipline may

be sent on

board before

of Sentence.

Merchant Shipping (Part III. Masters and Seamen.)

so far as the Laws in force at such Place will permit, apprehend him without first procuring a Warrant; and may thereupon in any Case, and shall in case he so requires and it is practicable, convey him before seme Court capable of taking cognizance of the Matter, to be dealt with according to Law; and may, for the Purpose of conveying him before such Court, detain him in Custody for a Period not exceeding Twenty-four Hours or such shorter Time as may be necessary, or may if he does not so require, or if there is no such Court at or near the Place, at once convey him on board; and if any such Apprehension appears to the Court before which the Case is brought to have been made on improper or on insufficient Grounds, the Master, Mate, Owner, Ship's Husband, or Consignee who makes the same or causes the same to be made shall incur a Penalty not exceeding Twenty Pounds; but such Penalty, if inflicted, shall be a Bar to any Action for false Imprisonment in respect of such Apprehension.

CCXLVII. Whenever any Seaman or Apprentice is brought before any Court on the Ground of his having neglected or refused to join or to proceed to Sea in any Ship in which he is engaged to serve, or of having deserted or otherwise absented himself therefrom without Leave, such Court may, if the Master or the Owner or his Agent so requires, instead of committing the Offender to Prison, cause him to be conveyed on board for the Purpose of proceeding on the Voyage, or deliver him to the Master or any Mate of the Ship, or the Owner or his Agent, to be by them so conveyed, and may in such Case order any Costs and Expenses properly incurred by or on behalf of the Master or Owner by reason of the Offence to be paid by the Offender, and, if necessary to be deducted from any Wages which he has then earned, or which by virtue of his then existing Engagement he may afterwards earn.

CCXLVIII. If any Seaman or Apprentice is imprisoned on the Ground of his having neglected or refused to join or to Breach of Dis- proceed to Sea in any Ship in which he is engaged to serve, or of having deserted or otherwise absented himself therefrom without Leave, or of his having committed any other Breach Termination of Discipline, and if during such Imprisonment and before his Engagement is at an end his Services are required on board his Ship, any Justice may, at the Request of the Master or of the Owner or his Agent, cause such Seaman or Apprentice to be conveyed on board his said Ship for the Purpose of proceeding on the Voyage, or to be delivered to the Master or any Mate of the Ship or to the Owner or his Agent, to be by them so conveyed, notwithstanding that the Termination of the Period for which he was sentenced to Imprisonment has not arrived.

CCXLIX.