No. X.
An Act for the bet ter regulation and govern ment of Seamen in the Merchant Service in the Colony of N e w South Wales and for the protection of Masters and Ships from vexatious
| suits in the Colony. | [2nd March, 1832.] |
| WH E R E A S it is expedient t o adopt such | of Grea t Br i t a in | for t h e regu la t ion | a n d | good | gove rnmen t | of |
| provisions of t h e | L a w s |
| seamen employed | i n t h e m e r c h a n t | service as a re applicable to | t h e |
| m e r c h a n t | service in N e w Sou th W a l e s | A n d whereas | great delays | and |
| inconvenience have been occasioned to ships a r r iv ing a t | P o r t | J a c k s o n |
| a n d o ther por t s of t h e said Colony b y t h e desert ion | of seamen and by |
such ships or the i r mas te r s be ing ar res ted and detained for unreasonable demands m a d e b y persons who are unab l e to pay the costs which m a y u l t ima te ly be awarded aga ins t t h e m F o r remedy whereof Be i t enac ted
| by H i s | Excel lency t h e Governor of N e w Sou th W a l e s and i ts | Depen |
| dencies w i t h t h e advice of t h e Legis la t ive | Counci l T h a t from | a n d | after |
| t he pass ing a n d publ ica t ion of t h i s Ac t | i t shall n o t be lawful | for | a n y |
| mas te r or c o m m a n d e r | of any ship or vessel | t o ca r ry any seaman | or |
| m a r i n e r except ing his | appren t ice or apprent ices t o | sea from any | po r t |
or place wi th in t h i s Colony or t he Dependenc ies thereof where he was en te red or shipped to proceed on any voyage to pa r t s beyond t h e l imi ts of t h e said Colony a n d i ts Dependencies w i t h o u t first coming to an agreement or cont rac t w i t h such seaman or mar ine r which agreement or con t rac t shal l be in wr i t i ng and shal l declare wha t voyage such seaman or mar ine r is shipped to perform a n d also w h a t wages h e is t o
| receive for t h e same | A n d in case any mas te r or commander of a n y |
| ship or vessel shal l car ry ou t any seaman or m a r i n e r except ing | his |
| appren t ice or apprent ices u p o n | any voyage as aforesaid w i t h o u t | first |
| en t e r ing in to such agreement or cont rac t as aforesaid a n d he and | t hey |
| s igning t h e same such mas t e r or commander | shal l forfeit and pay | t h e |
| s u m of five pounds for every | such seaman or mar ine r w h o m he shal l |
| car ry to sea w i t h o u t | en t e r ing in to such agreement | in wr i t i ng as | afore |
| said to be recovered in m a n n e r hereinaf ter | directed. |
| 2. A n d be i t fur ther enacted T h a t t h e agreement to be | entered |
| cus tom or usage to t h e con t ra ry in anywise n o t w i t h s t a n d i n g A n d in case such seaman or m a r i n e r shal l desert or refuse t o proceed on the voyage on boa rd any ship or vessel bound to pa r t s beyond the l imits of t h e said Colony as aforesaid or shal l desert from any ship or vessel to which h e or t h e y shal l belong in pa r t s beyond the said l imits after be or t hey shal l have signed such cont rac t or ag reement he or t hey | shal l |
| in to by a n d between | t h e mas te r s seamen and | mar ine r s of such | m e r c h a n t |
| ship or ships as aforesaid shall be according to t h e p u r p o r t and | effect |
| as ment ioned | in t h e Schedule he re to | annexed m a r k e d wi th t h e le t t e r | A. |
| 3 . A n d be i t fu r ther | enacted Tha t | if any seaman or | m a r i n e r |
en te r or ship himself on boa rd any ship or vessel proceeding from a n y por t or place wi th in t h i s Colony or t h e Dependencies thereof on a n y in tended voyage for p a r t s beyond the same he and t hey so en te r ing as aforesaid shal l a n d t h e y a re hereby obliged to sign such ag reemen t or cont rac t w i th in t h r ee days after h e or t hey shal l have en te red t h e m selves on board any ship or vessel in order to proceed on any voyage as aforesaid which agreement or con t rac t after t h e s ign ing thereof shal l be conclusive a n d b ind ing to al l par t ies for and d u r i n g t h e t i m e
| or t imes so agreed or cont rac ted for t o all i n t en t s | a n d | purposes | any |
shal l forfeit to t h e owners of such ship or vessel t h e wages which shal l he due to h i m or t h e m at t he t i m e of his or the i r deser t ing from such ship or vessel or obst inately refusing to proceed on such voyage.
1<. A n d be i t fur ther enacted Tha t in case any such seaman or m a r i n e r after he shal l have entered in to a n d signed such con t rac t or ag reemen t to serve in a n y ship or vessel as aforesaid shal l desert or absen t himself from any such ship or vessel upon appl ica t ion to be m a d e to any of H i s Majes ty ' s Ju s t i ce s of t h e Peace of t h e said Colony by the mas te r or commander owner or owners or o ther persons h a v i n g charge of such ship or vessel to wh ich such seaman or mar ine r did be long i t shall and m a y be lawful for such J u s t i c e or Jus t i ces and he a n d t hey are hereby requi red to issue for th his or the i r w a r r a n t or w a r r a n t s to apprehend such seaman or mar ine r and in case he shal l refuse to proceed on t h e voyage for which he entered in to cont rac t or ag reement to per form as aforesaid and shal l no t give a sufficient reason for such refusal t o t h e satisfaction of such J u s t i c e or Jus t i ces t h e n to commi t such seaman or mar ine r to t he common gaol or house of correct ion the re to be kep t to h a r d labor for any period no t exceeding
| t h i r t y nor less t h a n fourteen | days. |
5. A n d be it fu r ther enacted by t h e au thor i ty aforesaid T h a t in case any seaman or m a r i n e r shal l absent himself from t h e ship or vessel to which h e shal l be long w i t h o u t leave from t h e mas te r or commande r or other chief officer hav ing charge of such ship or vessel every such seaman or mar ine r shal l for every such day 's absence forfeit two days ' pay to t he owners of such ship or vessel.
6. A n d be i t fu r ther enacted T h a t in case any such seaman or mar ine r whi ls t in any por t or h a r b o u r wi th in th is Colony shal l wilfully refuse or neglect to work on board his said ship or vessel for which he so cont rac ted himself as aforesaid according to his said con t rac t or engagemen t i t shall a n d m a y be lawful for one or more of H i s Majes ty ' s Jus t i ces of t h e Peace u p o n compla in t thereof be ing m a d e to
| such Jus t i ce or Jus t i ces b y t h e owner or mas t e r | or any | o ther | person |
| or persons h a v i n g charge of such ship to issue his | or the i r w a r r a n t or |
| w a r r a n t s | to b r i n g | such | seaman | or | m a r i n e r | before | h i m | or t h e m | to |
| examine in to such compla in t | u p o n t h e oa th or oa ths of one or more |
credible wi tness or witnesses a n d u p o n convict ion thereof to commit such seaman or mar ine r to t h e common gaol or house of correct ion the re to be k e p t to h a r d labor for any n u m b e r of days no t exceeding seven as to such J u s t i c e or Jus t i ces shall seem meet .
| 7. A n d whereas seamen and mar ine r s after the i r | ship 's | a r r iva l |
| a t the i r del iver ing po r t oftentimes leave the i r ships a n d vessels before |
they are u n l a d e n or before t he said seamen or mar ine r s are d ischarged by t h e mas t e r or c o m m a n d e r of such ships a n d vessels in order to
| p reven t such pract ices in fu tu re be i t fu r ther | enacted by t h e | au thor i ty |
| aforesaid T h a t in case a n y seaman or mar ine r shal l leave t h e | ship | or |
| vessel to which he belongs in any por t or place wi th in t h i s Colony | or |
t h e Dependencies thereof before t h e expi ra t ion of one calendar m o n t h after t he ar r iva l of such ship or vessel in any por t or place aforesaid unless he has been discharged by t h e mas te r or commande r or o ther person hav ing charge of such ship or vessel such seaman or mar ine r so leaving such ship or vessel shal l forfeit one mon th ' s pay to be recovered applied and disposed of as is hereinafter directed.
| 8. | A n d be i t fu r ther | enacted u p o n t h e au tho r i t y | aforesaid | T h a t |
u p o n t h e arr ival of any Colonial ship or vessel or any ship or vessel fitted out from th i s Colony and hav ing completed her voyage t h e mas te r s or commanders of such ships or vessels shall be a n d they are he reby obliged to pay t h e seamen a n d mar ine r s be longing to such ships or vessels the i r wages if demanded in one calendar m o n t h after t h e said ships or vessels be ing entered a t the Cus tom-house except in
cases
cases where a covenant shall he entered in to to t he cont rary or a t t h e t i m e t h e said seamen or mar ine r s shal l he discharged whichever shal l first happen deduc t ing out of such wages t h e penal t ies and forfeitures by th i s A c t imposed u n d e r t h e pena l ty of pay ing to such seamen and
| mar ine r s | as | shal l | be u n p a i d | con t ra ry | to | the t r u e | i n t en t | a n d | m e a n i n g |
of t h i s Act t w e n t y shil l ings over and above t h e wages t h a t shall be due to each person to be recovered by t h e same means and me thods as t h e wages m a y be recovered and such paymen t of wages aforesaid
| shal l | be good a n d valid in law n o t w i t h s t a n d i n g | any ac t ion bill of | sale |
| a t t achmen t | or i ncumbrance | whatsoever . |
| 9. A n d be i t fu r ther | enacted T h a t no seaman or mar ine r by |
en te r ing in to or s igning such con t rac t or ag reement as aforesaid shall be deprived of or h indered from us ing any means or me thods for t h e recovery of wages against any ship or t h e m a s t e r or owners thereof which he m a y now lawfully m a k e use of a n d tha t in all cases where i t shal l or may be necessary t h a t t he con t rac t or ag reement in wr i t i ng as aforesaid should be p roduced in Cour t no obligat ion shall be on any seaman or mar ine r to produce t h e same b u t on t he mas te r owner or owners of t he ship or vessel for which t h e wages shall be demanded a n d no seaman or mar ine r shal l fail in any suit act ion or process for recovery of wages for w a n t of such agreement or cont rac t be ing
| produced any law usage or cus tom to t h e cont rary | no twi ths t and ing . |
| 10. A n d be it fu r ther enac ted | T h a t any mas t e r | or | commande r |
of a m e r c h a n t ship or o ther vessel who shall knowing ly h i re or engage to serve on board his ship or vessel any seaman or m a r i n e r be longing to any o the r ship or vessel t h e n in t h e same por t or ha r b o u r such mas t e r or commande r shal l forfeit and pay t h e s u m of t w e n t y pounds to be recovered levied and applied as hereinafter directed.
| 1 1 . A n d | be i t fur ther | enacted Tha t if any seaman or mar ine r |
| who shal l have arr ived in any ship or vessel at any por t w i th in t h i s Colony from abroad and who shall no t have completed t he voyage or t e r m for which he cont rac ted to serve shal l desert or absent himself from any such ship or vessel u p o n appl icat ion m a d e to any two or more of H i s Majes ty ' s Jus t i ces of t h e Peace for t h e said Colony b y t h e mas t e r or commander or o ther person hav ing charge of such ship or vessel to wh ich such seaman or mar ine r did belong it shall be lawful for any such Jus t i ces of t h e Peace a n d they are hereby requi red t o issue the i r w a r r a n t t o apprehend such seaman or mar ine r and in case such seaman or mar ine r shal l refuse to r e t u r n to his d u t y or to proceed | on t h e voyage which he cont rac ted to perform or shal l no t give a | sufficient reason for such refusal t h e n to commit such seaman or |
| m a r i n e r to gaol or o ther place of safe custody the re to r ema in u n t i l he shal l consent to r e t u r n to his d u t y on board of such ship or vessel or u n t i l such ship or vessel shall be ready to proceed to sea a n d i t sha l l be lawful for such Jus t i ces or for any one Jus t i ce for t h e said Colony a n d they and he are hereby requ i red as soon as such ship or vessel shal l be ready to proceed to sea to cause such seaman or m a r i n e r to be conveyed on board of such ship or vessel and the re delivered to t h e mas te r or commander or o ther person hav ing charge thereof. |
| 12. Prov ided a lways and be i t fu r ther enacted T h a t | every |
mas t e r or c o m m a n d e r or o ther person m a k i n g such appl ica t ion as aforesaid shal l before a n y such w a r r a n t shall be issued by any two or more Jus t i ces as aforesaid u n d e r t a k e jo int ly a n d severally wi th one or more housekeepers res iding wi th in t h e said Colony in t h e presence of such Jus t i ce s to pay for t he ma in t enance of such seaman or mar ine r to t h e gaoler or o ther person in whose cus tody he shall be placed a t t h e r a t e of one shi l l ing per day for every day such seaman or m a r i n e r shal l be so left in custody and all reasonable expenses in
conveying
conveying such seaman or mar ine r on board of such ship or vessel and also to give due not ice to such Jus t i ces or to any one Jus t i ce of t h e Peace for t h e said Colony of his in t en t ion to proceed to sea a t least twenty-four hou r s before t h e sailing of such ship or vessel and in ease s u c h m a s t e r commander or o ther person shal l neglect t o give such not ice a n d to pay such daily al lowance and reasonable expenses as aforesaid t h e n in ei ther such case t h e said mas te r or commander of such ship or vessel and the housekeepers so u n d e r t a k i n g as aforesaid shall several ly be l iable for t h e a m o u n t thereof and the same shal l be
| recovered and levied in t h e m a n n e r hereinaf ter | directed. |
13 . A n d be i t fur ther enacted T h a t it shall no t be lawful to a r res t or impr ison any seaman or mar ine r who shall have ar r ived in any ship or vessel from abroad a t any por t in t h i s Colony and who shal l n o t have completed t he voyage or t e r m for which he engaged to serve for any debt cont rac ted after t h e ar r iva l of such ship and if any such seaman or mar ine r shal l be arres ted or impr isoned for any such debt it shal l be lawful for any J u d g e a t Chamber s or Com missioner of t h e Cour t of R e q u e s t s (in case such seaman or m a r i n e r shal l have been t a k e n in execut ion by v i r tue of a n y process of such Cour t ) upon compla in t m a d e by or on behalf of any such seaman or m a r i n e r to such J u d g e or Commissioner respectively and due proof t h a t such seaman or m a r i n e r was a r res ted or imprisoned cont ra ry to t h i s Act to discharge such seaman or mar ine r a n d cause h i m to be conveyed on board of t h e ship or vessel to which he belonged.
| 1 1 . A n d be i t fur ther enacted Tha t no ship or vessel | a r r iv ing |
or t o u c h i n g at P o r t J a c k s o n in t h e said Colony from abroad in t h e course of p rosecu t ing a voyage to some other por t or place beyond the l imi t s of t h e said Colony a n d no mas t e r or commander of any such ship or vessel shall be l iable to be ar res ted for wages claimed to be due by any m a r i n e r or seaman for services performed on board of such ship or vessel du r ing such voyage nor shal l t h e mas t e r or com m a n d e r of any such ship or vessel be ar res ted for any assaul t violence or o the r misconduct al leged to be commit ted on board of such ship or vessel before t h e a r r iva l thereof wi th in t h e l imi ts of t h e said Colony unless a special order shall have been first m a d e for such purpose b y a J u d g e of t he Supreme Cour t or Cour t of Vice -Admira l ty (as t h e case m a y require) and t h a t before any such order shall be m a d e as aforesaid such J u d g e shal l a n d he is hereby r equ i r ed to cause satisfactory proof to be la id before h i m t h a t the re is
| mas t e r or commander thereof a n d t h a t no unreasonab le delay h a t h | probable or reasonable cause for a r res t ing such ship or vessel or t he |
| t a k e n place in su ing out or apply ing for process aga ins t such ship or vessel or mas t e r or commande r thereof a n d i t shal l be fur ther lawful for such J u d g e in case he shal l deem fit before any such process shal l issue to r equ i re t h e p a r t y su ing ou t or app ly ing for such process to |
| give securi ty to t h e satisfaction | of such J u d g e for t h e p a y m e n t of | such | |
| costs as shall be t axed a n d allowed by t h e Cour t in case t h e | plaintiff | |
| or compla inant shal l him to prosecute his sui t or act ion or j u d g m e n t shall be given aga ins t h i m a n d t o impose such fur ther sums for expedi t ing such sui t or ac t ion as to such J u d g e m a y seem reasonable a n d proper A n d in case any such ship or vessel or t he mas te r or com m a n d e r thereof shal l be arres ted con t ra ry to t he in ten t ion a n d mean ing |
| of th i s A c t or Ord inance it shal l be lawful for any such J u d g e | upon | |
| appl ica t ion and due proof thereof m a d e before h i m to order such ship or vessel or t h e mas te r or commande r thereof to be discharged and fu r the r to order such reasonable costs as shal l have been incur red by t h e mas t e r or commander of such ship or vessel on account of such a r res t t o be pa id to such mas te r or commander and in default thereof |
| t o a t t a ch t h e p a r t y | or par t ies | a t | whose | sui t | or act ion | such | ship | or |
| vessel or t he mas te r or c o m m a n d e r thereof shal l have been | arres ted. |
| 15 . A n d | to t h e | end | t h a t | a cheap | a n d | s u m m a r y remedy | m a y |
be provided for t h e redress of al l compla in ts m a d e agains t any m a s te r s or commanders of any ships or vessels a r r iv ing from abroad in a n y por t w i th in th i s Colony be i t fu r ther enac ted T h a t whenever
| a n y | seaman | m a r i n e r | or passenger | on board of any m e r c h a n t ship or |
| vessel a r r iv ing from abroad in any por t or place in th i s Colony or | t h e |
Dependencies thereof shal l have any g round of compla in t aga ins t t h e mas t e r or commander of such ship or vessel e i ther for or on account of wages breach of cont rac t or on account of any misconduc t or assaul t or violence commit ted to such seaman m a r i n e r or passenger as aforesaid every such seaman mar ine r or passenger shal l m a k e compla in t to two or more Jus t i ce s of t h e Peace as shal l be neares t t o such por t or h a r b o u r a n d such Jus t i ces of t h e Peace shal l issue a s u m m o n s to such mas t e r or commande r a n d t h e y are hereby author ized a n d empowered to hear and de te rmine according to law and t h e provisions of th i s Ord inance all cases of compla in t for wages or for breach of cont rac t or for any misconduct assaul t or violence as aforesaid where t h e cause of ac t ion or t h e a m o u n t of damages sought to be recovered shal l n o t exceed
| t h e s u m of t e n pounds in any one case a n d to issue his or the i r | w a r r a n t |
| or w a r r a n t s | agains t | such mas t e r or commander to levy of his goods a n d |
| chat te ls t he | a m o u n t | which | shal l be decreed w i t h t he costs of such |
| proceedings to be awarded by such Jus t i ces | aga ins t t h e p a r t y which |
said costs shall in no one case exceed t h e s u m of one p o u n d a n d in case sufficient goods a n d chat te l s cannot be found whereon to levy t h e same t h e n to commit t h e defendant t o t h e common gaol t he r e to r e m a i n