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Merchant Shipping (Part III. Masters and Seamen.)


CCXLIX. In all Cases of Desertion from any Ship in any Entries and Place abroad the Master shall produce the Entry of such De- Certificates of sertion in the Official Log Book to the Person or Persons hereby Desertion required to indorse on the Agreement a Certificate of such De- abroad to be copied, sent sertion; and such Person or Persons shall thereupon make home, and and certify a Copy of such Entry and also a Copy of the said admitted in Certificate of Desertion; and if such Person is a Public Functionary he shall, and in other Cases the said Master shall forthwith transmit such Copies to the Registrar General of Seamen in England; and the said Registrar shall, if required, cause the same to be produced in any legal Proceeding; and such Copies, if purporting to be so made and certified as aforesaid, and certified to have come from the Custody of the said Registrar, shall in any legal Proceeding relating to such Desertion be received as Evidence of the Entries therein appearing.


as concerns

CCL. Whenever a Question arises whether the Wages Facilities for of any Seaman or apprentice are forfeited for Desertion, proving Deit shall be sufficient for the Party insisting on the Forfeiture sertion, so far to show that such Seaman or Apprentice was duly engaged Forfeiture of in or that he belonged to the Ship from which he is al- Wages. leged to have deserted, and that he quitted such Ship before the Completion of the Voyage or Engagement, or if such Voyage was to terminate in the United Kingdom and the Ship has not returned, that he is absent from her, and that an Entry of the Desertion has been duly made in the official Log Book; and thereupon the Desertion shall, so far as relates to any Forfeiture of Wages or Emoluments under the Provisions hereinbefore contained, be deemed to be proved, unless the Seaman or Apprentice can produce a proper Certificate of Discharge, or can otherwise show to the Satisfaction of the Court that he had sufficient Reasons for leaving his Ship.

may to the

CCLI. Whenever in any Proceeding relating to Seamen's Costs of proWages it is shown that any Seaman or Apprentice has in the curing Imcourse of the Voyage been convicted of any Offence by any com- prisonment petent Tribunal and rightfully punished therefor by Imprison- Extent of 34 ment or otherwise, the Court hearing the Case may direct a be deducted Part of the Wages due to such Seaman, not exceeding Three from Wages. Pounds, to be applied in reimbursing any Costs properly incurred by the Master in procuring such Conviction and Punishment.

Forfeiture how to be ascertained

CCLII. Whenever any Seaman contracts for Wages by the Amount of Voyage or by the Run or by the Share, and not by the Month or other stated Period of Time, the Amount of Forfeiture to be incurred under this Act shall be taken to be an Amount bearing when Seamen the same Proportion to the whole Wages or Sha as a Calendar contract for Month

the Voyage.



Application of

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.

Penalty for

false State

ment as to last

Ship or

Questions of Forfeitures may be decid

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 Procceding lawfully instituted with respect


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.

CCLV. If any Seaman on or before being engaged wilfully and fraudulently makes a false Statement of the Name of his 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


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 res-
pect to the Offences against Discipline specified in and punish-
able 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 Foreign-
going 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 King-
dom any such Offender as aforesaid enters into any of Her Ma-
jesty'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 Con-
sular Officer, Officer of Customs, or other Person by whose
Sanction he is so discharged, the Fine shall thereupon be de-
ducted 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.


paid to Shipping Master.

CCLVII. Every Person who by any Means whatever per- Penalty for suades or attempts to persuade any Scainan or Apprentice to enticing to neglect or refuse to join or to proceed to Sea in or to desert from desert, and his Ship, or otherwise to absent himself from his Duty, shall Deserters. harbouring 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


Penalty for obtaining Passage sur reptitiously.

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.

Ou 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

by required to be handed over to Successor.

to his Successor the various Documents relating to the Navigation of the Ship and to the Crew thereof which are in his Custody, 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.

Naval Courts on the High Seas and abroad.

Naval Courts.

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 summon a Court, to be terined a." Naval

Naval Courts may be summoned for

Court," in the following Cases; (that is to say,)

plaints, and investigating Wrecks on the High Seas or abroad.

(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.

Constitution of

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,


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 Func the Complaint brought before it, or the Cause of the Wreck or tious 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 such Case, exercise the following Powers; (that is to say,)


the Master.

(1.) It may, if unanimous that the Safety of the Ship or Crew, To supersede or the Interest of the Owner, absolutely requires it, supersede 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 :

To discharge

a Seaman :

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

(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


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