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Merchant Shipping (Part III. Masters and Seamen.)

appoint and from Time to Time remove and re appoint Examiners to conduct the same, and may regulate the same; and any Members of the Local Marine Board of the Place where the Examination is held may be present and assist at any such Examination.

Certificates of
Masters and
Mates.

CXXXII. The Board of Trade may from Time to Time lay Powers of down Rules as to the Conduct of such Examinations and as to Board of Trade over Examithe Qualifications of the Applicants, and such Rules shall be nations. strictly adhered to by all Examiners; and no Examiner shall be appointed unless he possesses a Certificate of Qualification, to be from Time to Time granted or renewed by the Board of Trade; and the Sanction of the Board of Trade shall be necessary, so far as regards the Number of Examiners to be appointed, and the Amount of their Remuneration; and the Board of Trade may at any Time depute any of its Officers to be present and assist at any Examination; and if it appears to the Board of Trade that the Examinations for any Two or more Ports can be conducted without Inconvenience by the same Examiners, it may require and authorize the Local Marine Boards of such Ports to act together as One Board in providing for and regulating Examinations and appointing and removing Examiners for such Ports.

CXXXIII. All Applicants for Examination shall pay such Fees to be Fees, not exceeding the Sums specified in the Table marked R. paid by Apin the Schedule hereto, as the Board of Trade directs; and such plicants for Fees shall be paid to such Persons as the said Board appoints for that Purpose.

Examination.

to be granted

CXXXIV. Subject to the Proviso herein-after contained, the Certificates of Board of Trade shall deliver to every Applicant who is duly Competency reported by the Local Examiners to have passed the Exami- to those who nation satisfactorily, and to have given satisfactory Evidence of pass. his Sobriety, Experience, Ability, and general good Conduct on board Ship, a Certificate (herein-after called a "Certificate of Competency") to the Eflect that he is competent to act as Master, or as First, Second, or only Mate of a Foreign-going Ship, or as Master or Mate of a Home Trade Passenger Ship, as the Case inay be: Provided that in every Case in which the Board of Trade has Reason to believe such Report to have been unduly made, such Board may remit the case either to the same or to any other Examiners, and may require a Reexamination of the Applicant, or a further Inquiry into his Testimonials and Character, before granting him a Certificate.

CXXXV. Certificates of Service, differing in Form from Cer- Certificates of tificates of Competency, shall be granted as follows; (that is to Service to be say),

delivered to

Certificates of
Masters and
Mates.

Persons who
served as

Masters or
Mates before

1851, and to
certain Naval

Officers; and
Certificates of
Service for
Home Trade

Passenger

Ships to be

delivered to

Persons who have served as Masters or

Mates in

such Ships before 1st January 1854.

Merchant Shipping (Part III. Masters and Seamen.)

(1.) Every Person who before the First Day of January One thousand eight hundred and fifty-one served as Master in the British Merchant Service, or who has attained or attains the Rank of Lieutenant, Master, Passed Mate, or Second Master, or any higher Rank in the Service of Her Majesty or of the East India Company, shall be entitled to a Certificate of Service as Master for Foreign-going Ships:

(2.) Every Person who before the First Day of January One thousand eight hundred and fifty-one served as Mate in the British Merchant Service shall be entitled to a Certificate of Service as Mate for Foreign-going Ships:

(3.) Every Person who before the First Day of January One thousand eight hundred and fifty-four has served as Master of a Home Trade Passenger Ship shall be entitled to a Certifiente of Service as Master for Home Trade Passenger Ships:

(4.) Every Person who before the First Day of January One thousand eight hundred and fifty-four has served as Mate of a Home Trade Passenger Ship shall be entitled to a Certificate of Service as Mate for Home Trade Passenger Ships:

And each of such Certificates of Service shall contain Particulars of the Name, Place, and Time of Birth, and of the Length and Nature of the previous Service of the Person to whom the same is delivered; and the Board of Trade shall deliver such Certificates of Service to the various Persons so respectively entitled thereto, upon their proving themselves to have attained such Rank or to have served as aforesaid, and upon their giving a full and satisfactory Account of the Parti

culars aforesaid.

No Foreign

going Ship or

Home Trade
Passenger

ceed to Sea

CXXXVI. No Foreign-going Ship or Home Trade Passenger Ship shall go to Sea from any Port in the United Kingdoin unless the Master thereof, and in the Case of a Foreign-going Ship to pro- Ship the First and Second Mates or Only Mate (as the Case without Cer- may be), and in the Case of a Home Trade Passenger Ship tificates of the the First or Only Mate (as the Case may be,) have obtained and possess valid Certificates either of Competency or Service appropriate to their Several Stations in such Ship, or of a higher Grade; and no such Ship, if of One hundred Tons Burden or upwards, shall go to Sea as aforesaid, unless at least One Officer besides the Master has obtained and possesses a valid Certificate appropriate to the Grade of Only Mate therein or to a higher Grade; and every Person who, having been engaged to

Master and
Mates.

Merchant Shipping (Part III. Masters and Seamen.)

serve as Master or as First or Second or Only Mate of any Foreign-going Ship, or as Master or First or Only Mate of a Home Trade Passenger Ship, goes to Sea as aforesaid as such Master or Mate without being at the Time entitled to and possessed o such a Certificate as hereinbefore required, or who employ any Person as Master, or First, Second, or Only Mate of any Foreign-going Ship, or as Master or First or Only Mate of a Home Trade Passenger Ship, without ascertaining that he is at the Time entitled to and possessed of such Certificate, shall for each such Offence incur a Penalty not exceeding Fifty Pounds.

Certificates of
Masters and
Mates.

available for

CXXXVII. Every Certificate of Competency for a Foreign- Certificates going Shipshall be deemed to be of a higher Grade than the corres- for Foreignponding Certificate for a Home Trade Passenger Ship, and shall going Ships entitle the lawful Holder thereof to go to Sea in the correspond- Home Trade ing Grade in such last-mentioned Ship; but no Certificate for Passenger a Home Trade Passenger Ship shall entitle the Holder to go to Ships. Sea as Master or Mate of a Foreign-going Ship.

CXXXVIII. All Certificates, whether of Competency or Ser- The Registrar vice, shall be made in Duplicate, and one Part shall be deli- to record vered to the Person entitled to the Certificate, and the other Grants, Cancellations, &c. shall be kept and recorded by the Registrar General of Seamen of Certificates. or by such other Person as the Board of Trade appoints for that Purpose; and the Board of Trade shall give to such Registrar or such other Person immediate Notice of all Orders made by it for cancelling, suspending, altering, or otherwise affecting any Certificate in pursuance of the Powers herein contained; and the Registrar or such other Person as aforesaid shall thereupon make a corresponding Entry in the Record of Certificates; and a Copy purporting to be certified by such Registrar Duplicates or his Assistant or by such Person as aforesaid of any Certificate and Entries shall be prima facie Evidence of such Certificate, and a Copy dence. purporting to be so certified as aforesaid of any Entry made as aforesaid in respect of any Certificate shall be prima facie Evidence of the Truth of the Matters stated in such Entry.

to be Evi

CXXXIX. Whenever any Master or Mate proves to the Sa- In case of tisfaction of the Board of Trade that he has, without Fault on Loss a Copy his Part, lost or been deprived of any Certificate already granted to be granted. to him, the Board of Trade shall, upon Payment of such Fee (if any) as it directs, cause a Copy of the Certificate to which by the Record so kept as aforesaid he appears to be entitled, to be made out and certified as aforesaid, and to be delivered to him; and any Copy which purports to be so made and certified as aforesaid shall have all the Effect of the Original.

Merchant Shipping (Part III. Masters and Seamen.)

Penalties for

sentations;

for forging or altering or

CXL. Every Person who makes, or procures to be made, or false Repre- assists in making, any false Representation for the Purpose of obtaining for himself or for any other Person a Certificate either of Competency or Service, or who forges, assists in forging, or procures to be forged, or fraudulently alters, assists in fraudufraudulently lently altering, or procures to be fraudulently altered, any such using or lend Certificate or any official Copy of any such Certificate, or who ing any Certi- fraudulently makes use of any such Certificate or any Copy of any such Certificate which is forged, altered, cancelled, suspended, or to which he is not justly entitled, or who fraudulently lends his Certificate to or allows the same to be used by any other person, shall for each Offence be deemed guilty of a Misdemeanor.

Certificates of
Masters and
Mates.

Apprenticeships to Sea Service.

Apprenticeships to the Sea Service.

CXLI. All Shipping Masters appointed under this Act shall, if applied to for the Purpose, give to any Board of Guardians, assist in bind- Overseers, or other Persons desirous of apprenticing Boys to the ing Apprentices, and may Sea Service, and to Masters and Owners of Ships requiring receive Fees. Apprentices, such Assistance as is in their Power for facilitating the making of such Apprenticeships, and may receive from Persons availing themselves of such Assistance such Fees as may be determined in that Behalf by the Board of Trade, with the Concurrence, so far as relates to Pauper Apprentices in England, of the Poor Law Board in England, and so far as relates to Pauper Apprentices in Ireland, of the Poor Law Commissioners in Ireland.

Shipping
Masters to

to Sea Service

or Overseers

Indentures of CXLII. In the Case of every Boy bound Apprentice to the Boys bound Sea Service by any Guardians or Overseers of the Poor, or other Apprentices Persons having the Authority of Guardians of the Poor, the by Guardians Indentures shall be executed by the Boy and the Person to whom he is bound in the Presence of and shall be attested by Two Justices of the Peace, who shall ascertain that the Boy has consented to be bound, and has attained the Age of Twelve Years, and is of sufficient Health and Strength, and that the Master to whom the Boy is to be bound is a proper Person for the Purpose.

to be witnessed by Two Justices.

Indentures of

Apprentice ship to be exempt from Stamp Duty and to be recorded.

CXLIII. All Indentures of Apprenticeship to the Sea Service shall be exempt from Stamp Duty; and all such Indentures shall be in Duplicate; and every Person to whom any Boy whatever is bound as an Apprentice to the Sea Service in the United Kingdom shall within Seven Days after the Execution of the Indentures take or transmit the same to the Registrar General of Seamen or to some Shipping Master; and the said Registrar or Shipping Master shall retain and record One Copy, and shall indorse on the other that the same has been

recorded,

Merchant Shipping (Part III. Masters and Seamen.)

recorded, and shall re-deliver the same to the Master of the Apprentice; and whenever any such Indenture is assigned or cancelled, and whenever any such Apprentice dies or deserts, the Master of the Apprentice shall, within Seven Days. after such Assignment, Cancellation, Death, or Desertion, if the same happens within the United Kingdom, or if the same happens elsewhere, so soon afterwards as Circumstances permit, notify the same either to the said Registrar of Seamen, or to some Shipping Master, to be recorded; and every Person who fails to comply with the Provisions of this Section shall incur a Penalty not exceeding Ten Pounds.

(1.) In every Union the Guardians of the Poor, or other Persons duly appointed to carry into execution the Acts for the Relief of the destitute Poor and having the Authority of Guardians of the Poor, may put out and bind as an Apprentice to the Sea Service any Boy who or whose Parent or Parents is or are receiving Relief in such Union, and who has attained the Age of Twelve Years, and is of sufficient Health and Strength, and who consents to be so bound :

CXLIV. Subject to the Provisions herein-before contained, all Rules to Apprenticeships to the Sea Service made by any Guardians or govern ApOverseers of the Poor, or Persons having the Authority of Guar- Prenticeship of Paupers in dians of the Poor, shall, if made in Great Britain, be made in Great Britain the same Manner and be subject to the same Laws and Regula- and Ireland respectively. tions as other Apprenticeships made by the same Persons, and if made in Ireland shall be subject to the following Rules; (that is to say,)

(2.) If the Cost of relieving any such Boy is chargeable to an Electoral Division of a Union, then (except in Cases in which paid Officers act in Place of Guardians) he shall not be bound as aforesaid unless the Consent in Writing of the Guardians of such Electoral Division or of a Majority of the Guardians (if more than One) be first obtained, such Consent to be, when possible, indorsed upon the Indentures:

(3.) The Expense incurred in the Binding and Outfit of any such Apprentice shall be charged to the Union or Electoral Division (as the Case may be) to which the Boy or his Parent or Parents is or are chargeable at the Time of his being apprenticed:

(4.) All Indentures made in any Union may be sued upon by the Guardians of the Union or Persons having the Authority of Guardians therein for the Time being, by their Name of Office, and Actions brought by them upon such Indentures

f*

Apprenticeships to Sea Service.

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