Foreign Seamen Act 1898 (NSW)

Act No. 47, 1898.

An Act to consolidate the Laws relating to

Foreign Seamen. [29th December, 1898.]

3. If any seaman belonging to any foreign ship deserts there- from, or otherwise absconds or absents himself from his duty whilst such ship is anywhere within the territorial limits of New South Wales, any justice of the peace, upon the complaint on oath of the master, mate,

BE it enacted by the Queen's Most Excellent Majesty, by and with Assembly of New South Wales': in Parliament assembled, and by the

the advice and consent of the Legislative Council and Legislative

authority of the same, as follows:—

1. This Act may be cited as the " Foreign Seamen Act, 1898."

2. The Act mentioned in the Schedule to this Act is hereby

repealed.

mate, or other person having charge of such ship, of the fact of such desertion, absconding, or absence from duty, may issue his warrant for the apprension of such seaman; and thereupon—

(a) may deal with such seaman as hereinafter is provided; or

(b) may place such seaman at the disposal of the consul, vice-consul,

or other consular officer or agent of the Nation or State to which

such ship belongs; or

(c) at the request of such consul, vice-consul, or other consular

officer or agent may order such seaman to be put forcibly on

board the ship to which he belongs.

4. Every seaman of any foreign ship who, whilst such ship is within the territorial limits of New South Wales, commits any of the
offences hereinafter mentioned shall, upon conviction thereof before a justice of the peace, be liable to be imprisoned with hard labour in any gaol in New South Wales for periods not exceeding the periods herein­ after set against the said offences respectively, that is to say:—

(a) for desertion from the ship to which he belongs, a period of twelve weeks for the first offence, and a period of six months

for a second or subsequent desertion.

(b) for assaulting any master or other officer of such ship, a period

of twelve weeks.

(c) for wilful disobedience to any lawful command of such master

or other officer of such ship, a period of four weeks.

(d) for continued wilful disobedience to such lawful commands, or

for continued wilful neglect of his duty as a seaman of such

ship, a period of twelve weeks.

(e) for combining with any other or others of the crew of the ship to which he belongs to disobey the lawful commands of his

officers or to neglect his duty as a seaman, or to impede the

discharge, loading, or departure of the ship, or the progress of
the voyage, a period of twelve weeks.

Provided that nothing herein contained shall take away or abridge any powers which a master of any such ship has. over his crew.

5. (1) Any justice of the peace, at the instance of the consul,

vice-consul, or other consular officer or agent of the Nation or State to
which the ship of any seaman convicted and sentenced under this Act
belongs, may order any such seaman, at or after the expiration or earlier determination of his sentence of imprisonment, or at any time
during the continuance thereof, to be put forcibly or otherwise on board

such ship.

(2) In all such cases any justice of the peace may grant an

order to any gaoler or keeper of any prison to discharge such seaman from prison into such custody as such justice directs, which shall be a
sufficient warrant to such gaoler or keeper to deliver such seaman into
such custodv and for such purpose as aforesaid.

6. Any justice of the peace, upon the complaint on oath of the master or other "person having charge of any such ship as aforesaid, that he has good cause for suspecting that any runaway seaman of such ship is harboured, secreted, or concealed on board any ship, boat, or other vessel, or in any house or place whatsoever, may issue a warrant directing some constable to search such ship, boat, or other vessel, or such house or place, and to apprehend such seaman.

Such warrant shall be executed accordingly, and every such seaman shall upon his apprehension bo brought with all convenient speed before some justice of the peace to be dealt with as is herein directed.

7. Whosoever—

(a) harbours, conceals, employs, or retains, or assists in harbouring,

concealing, employing, or retaining any seaman belonging to

any such ship as aforesaid, who has deserted therefrom, or otherwise absconded or absented himself from duty, knowing such seaman to have deserted or otherwise absconded or absented himself from duty, without having used reasonable
diligence to ascertain whether such seaman has been duly

discharged from his last employment; or

(b) causes, induces, or persuades any such seamen by words or

by any other means whatsoever, to violate, or to attempt or

endeavour to violate any agreement which he may have entered into to serve on board any such ship as aforesaid; or
(c)	knowingly connives at the desertion, absconding, or absence from duty of any such seaman;

shall for every such offence, upon conviction thereof before any justice
of the peace in a summary way. forfeit a penalty not exceeding twenty

pounds for the first offence, and not less than ten or more than fifty pounds for a second or subsequent offence; and in case of non-payment

thereof any justice of the peace may commit the person so offending

to any gaol for any term not exceeding six months with or without hard labour, the said commitment to be determined on payment of the

penalty and costs.

8. Provided that no such warrant as hereinbefore mentioned shall be issued, and that no offence hereby made punishable shall be prosecuted or punished, except—

(a) at the instance, or with the express assent in writing of the

consul, vice-consul, or other consular officer or agent of the

Nation or State to which such ship as aforesaid belongs; or

(b) it has been duly notified in the Gazette under the authority

of the Governor that the Government of such Nation or State

has, by its proper officer, signified its desire that this Act may

be enforced in all cases against the crews of ships belonging to

such Nation or State.

9. (1) In prosecuting under this Act it shall not be necessary

for the purpose of proving the articles or agreement under or by which
any such seaman has engaged to serve on board any such ship, to call any subscribing or attesting witness thereto; but such articles or agreement may be proved as if there were no such subscribing or attesting witness.

(2) A copy of any such articles or agreement as aforesaid,

certified under the hand of the consul, vice-consul, or other consular
officer or agent of the Nation or State to which such ship belongs, to be
a true copy thereof, shall be received as evidence of the existence and
contents of such articles or agreement.
10. All expenses incidental to the apprehension, confinement, and removal of any seaman under and by virtue of this Act shall be paid by the consul, vice-consul, or other consular officer or agent at whose instance such seaman was apprehended, proceeded against, or removed.
11. (1) All proceedings under this Act, where not otherwise provided for, may be carried on in a summary way according to the law regulating summary proceedings before justices of the peace.

(2) The service of any summons or other matter in any legal

proceeding under this Act shall be good service if made—

(a) personally on the person to be served; or

(b) by leaving such summons for him on board any ship to which he belongs with the person being, or appearing to be, in command or charge of such ship.

12. (1) No conviction under this Act shall be quashed for want

of form, or be removed by certiorari or otherwise into the Supreme
Court.

(2) No warrant of commitment or order for imprisonment

shall be held void by reason of any defect therein, provided it is therein
alleged that the person has been convicted or ordered to be imprisoned,
and there is a good and valid conviction or an offence to sustain the

same. SCHEDULE,

Reference t o A c t . T i t l e or short title. E x t e n t of repeal.

16 Vic. No. 25 . . . An Act for more effectually preventing The whole.

desertion and other misconduct of Sea­
men belonging to Foreign Ships.