Islanders' Shipping Engagements Act (1879 No 30a) (NSW)

No. VI.

An Act to protect the Aboriginal Natives of the Islands of the Pacific Ocean from imposition when engaging as Seamen. [11th July, 1879.]

2. Notwithstanding anything to the contrary in the " Seamen's "Laws Consolidation Act of 1864" it shall not be lawful for any master of a ship or other person to engage as a seaman any Aboriginal Native of any of the Islands of the Pacific Ocean (hereinafter termed "islander") at any port or place in New South Wales unless such engagement shall be entered into as hereinafter provided before the Shipping Master of

WHEREAS the law at present in force regulating the engagement of Seamen is insufficient to protect Aboriginal Natives of the	Islands of the Pacific Ocean from being imposed upon in their engage-
ments as seamen at ports in this Colony and it is expedient to amend the law so as to afford protection to such persons Be it therefore enacted by the Queen's Most Excellent Majesty by and with the'advice and consent of the Legislative Council and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows:—

1. This Act may be cited as the " Islanders' Shipping Engage-

ments Act."

of such por t or place A n d no agreement wi th a n y such islander m a d e out of t h e Colony not made and appear ing to have heen made before c i ther a Shipping Mas te r or a Consul shall be enforceable agains t such islander in any of t he Courts of t h e Colony unless a Shipping Mas te r shall have certified t h a t in his opinion such agreement reason­ ably provides for the v ic tual l ing and remunera t ion of such islander A n d it shall be t he d u t y of such Shipping Master w h e n applied to for t h a t purpose to express in wr i t ing his opinion whe ther such ag reemen t does or does not so provide.

3. The mas te r of any ship of whatever tonnage such ship m a y be and in whatever t rade she m a y be engaged who shall engage any is lander as a seaman a t any port or place in N e w South Wales shal l en ter in to a n agreement with h i m in t h e form of t he Schedule here to A n d every such agreement shall be so framed as to admi t of st ipula­ t ions be ing int roduced there in a t t he jo in t will of t h e mas te r and is lander in each case as to advance and a l lo tment of wages or any o ther s t ipulat ions n o t cont rary to law and shall be prepared and signed in dupl ica te and be filled u p by the Shipping Mas te r and in all cases shall be signed by the mas te r in t h e presence of and a t tes ted by such Sh ipp ing Mas te r A n d one of such duplicates shal l i n every case be left w i th t h e Shipping Mas te r and be re ta ined by h i m in his office Provided always t h a t before any such agreement shal l be signed by such is lander t he same shall be read over a n d explained to h i m by the Shipping Mas te r or some person authorized by h i m and t h e s ignature (or m a r k if t he islander he unab le to wri te) shall t he reupon be a t tes ted by the Shipping Mas te r b u t no islander shal l be allowed by the Shipping Mas te r t o sign or affix his m a r k to any such agreement unless in t h e Shipping Mas te r ' s opinion such islander shall appear fully to compre­ hend the na tu r e and effect of such agreement and of t h e remunera t ion

whe the r by wages lay or otherwise the re in s t ipula ted for.

1. I f any mas te r shall engage or enter in to a n agreement wi th any is lander in cont ravent ion of t he provisions of e i ther of the preceding sections he shall be liable to a penal ty not exceeding fifty pounds and no t less t h a n five pounds which m a y be recovered and applied in t he same m a n n e r as a pena l ty under t h e " Seamen's Laws Consolidation Act of 1 8 0 1 " is directed to be recovered and applied Provided always t h a t proceedings unde r this section shall be commenced wi th in ei ther six mon ths from the expira t ion or other de terminat ion of such engagemen t or ag reemen t or wi th in six mon ths from the t ime

of such mas ter ' s r e t u r n to t h e Colony.

5. Al l islanders being seamen in intercolonial or foreign t rade

ships discharged in the Colony shall be discharged and receive the i r wages in t h e presence of a Shipping Mas te r and any mas te r or owner d ischarg ing any such islander or pay ing h i m his wages in t he Colony in any other m a n n e r shall incur a penal ty n o t exceeding fifty pounds.

(5. I n th is Ac t " M a s t e r " " S e a m a n " " S h i p " " O w n e r " " I n t e r ­

colonial Sh ip" " F o r e i g n Trade S h i p " and " Shipping Mas te r " shall

for t he purposes thereof have t h e l ike mean ings and inc lude t he same persons and th ings respectively as t he said words bear and include unde r t he said " Seamen's Laws Consolidation A c t . "

S C H E D U L E .

S C H E D U L E .

S H I P ' S A R T I C L E S OF AGREEMENT.

Intercolonial and (or) Foreign-going. No.

Port No. and date Nominal horse­

Name of Ship. Official No. Port of Registry. Registered Tonnage.

of Register. power of Engines.

Managing; Owner. Master.

Name. Address. Name. No. of Certificate. Address.

Scale of Provisions to be served out to the Crew An agreement made in pursuance of the " Islanders'

during the Voyage. Shipping Engagement Ac t " between

Bread.	Flour.	coffee.	Sugar.	w
ater.

Beef. R Tea.

ice. the

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Sunday
Sunday

Sunday	1
1 1

1         1/2

1/2

1/2 2 of the

Monday
Monday

Monday	. . . .
. . . .
. . . . 1

1       1

1 1/2

1/2 daily.

Tuesday
Tuesday

Tuesday	. . . .
. . . .
. . . . 1

1       1

1 1/2

Wednesday ..
Wednesday ..

Wednesday ..	1
1 1

1   1/2

1/2

Thursday	1
1 1

Thursday
Thursday

1           1/2

1/2

Friday	1
1 1

Friday
Friday

1   1/2

1/2 daily. daily. daily.

Saturday	. . . .
. . . .
. . . . 1

1       1

Saturday
Saturday

1 1/2

1/2	all of the Port of Sydney New South Wales of
which vessel

Equivalent substitutes for all or any of the above

may be issued at the Master's discretion such as
fish or pork for beef yams or potatoes for flour or

rice &c.

Lime or lemon-juice and sugar or other anti­

scorbutics to be issued according to law.	is the present Master and the several persons
whose names are subscribed hereto.

I t is agreed by the said persons and they severally hereby engage to serve on

board the said ship for the term of this agreement in the several capacities set against

to 1	their respective names on voyage from the Port of Sydney New South Wales
And the said crew engage to conduct themselves in an orderly faithful honest careful and sober manner and to be at all times diligent in their respective duties and to be obedient to the lawful commands of the master in everything
relating to the said ship and the materials stores and cargo thereof whether on board such ship or in boats or on shore2

In consideration of which services to be performed the said master doth hereby

promise to pay to the said crew by way of wages the amount expressed against their respective names And it is hereby agreed that any embezzlement or wilful or negligent loss or destruction of any part of the ship's cargo or stores shall be made good to the owner out of the wages (so far as they will extend) of the seaman guilty of the same And if any seaman shall have entered himself as qualified for a duty to which he shall prove not to be competent he shall be subject to a reduction of the rate of wages hereby agreed for in proportion to his incompetency.

In witness whereof the said parties have hereto subscribed their names on the

days mentioned against their respective signatures.

Signed by witnessed by on the day of 187 .

Shipping Master.

Name

1

Here the intended voyage is to be described as nearly as can be done and the places at which it is intended the ship shall touch or if that cannot be done the nature of the voyage in which she is to be employed and also when practicable the probable duration of the voyage and if a running agreement the several voyages or trips for which the seamen are engaged

and the limits as near as may be both of time and place within which such voyages are to be comprised and the final port of
discharge.

2 Here may be inserted any other clauses which the parties may think proper to be introduced into the agreement provided that the same be not contrary to or inconsistent with the provisions and spirit of this Act.

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Reference No. 1 2 3 *

No. VII.