Merchant Seamen Act 1847 No 23a (NSW)
No. XXIII.
An Act for the protection of Seamen enter ing
on board Merchant Ships. [1st October, 1847.] WH E R E A S seamen are somet imes subjected to imposit ions and on board merchan t ships who have no in teres t in t he said ships A n d injustice by persons who u n d e r t a k e to p rocure seamen to enter
whereas i t is expedient to afford pro tec t ion to seamen en te r ing on board m e r c h a n t vessels in t he Colony of N e w South Wales Be it therefore enacted by H i s Exce l lency t h e Governor of N e w South W a l e s wi th t h e advice and consent of t he Legislat ive Counci l thereof Tha t from and after t h e pass ing of th is Act it shall be lawful for the Governor wi th t he advice of the Execu t ive Counci l and he is hereby empowered to license such persons as he m a y deem to be requis i te and fit and who m a y desire to t ake out such license to h i re engage supply or provide seamen to be entered on board m e r c h a n t ships and every such license shall be g ran ted for such period upon such t e rms and upon such secur i ty be ing given and shal l be revocable u p o n such condi t ions as
merchan t ship or t he ship 's husband or agent shall h i re engage supply or provide a seaman to be entered on board any merchan t ship and no
t he Governor wi th t he advice of t he Execu t ive Council m a y a t a n y
t ime or t imes appoint . 2. A n d be it enacted Tha t every such license shal l be g ran ted
and every revocat ion thereof shal l be m a d e by m i n u t e or resolut ion of t he Execu t ive Counci l and a copy of any such m i n u t e or resolut ion certified and signed by the Clerk of t h e Execu t ive Counci l shall be received as evidence of such license and revocat ion wi thou t fur ther proof thereof.
3. A n d be it enacted Tha t no person not l icensed as aforesaid
or not be ing the owner pa r t owner mas te r or person in charge of a
person whe the r licensed or not o ther t h a n t h e owner pa r t owner mas te r or person in charge of a m e r c h a n t ship or t he ship 's husband or agent shal l demand or obta in t h e certificate of discharge of any seaman for the purpose or u n d e r t he pre tence of engaging h im on board of any
| m e r c h a n t | ship. |
1. A n d be i t enacted Tha t no owner p a r t owner mas t e r or
person in charge of any merchant, ship or ship 's h u s b a n d or agen t shall knowing ly receive or accept to be entered on board t he said ship any seaman who has been h i red engaged supplied or provided to be entered on board thereof con t ra ry to t h e provisions of this Act .
5. A n d be i t enacted T h a t every person gui l ty of any of the offences above described shall upon convict ion thereof forfeit and pay for each and every seaman hi red engaged supplied or provided to be entered on board and for every certificate of discharge demanded or obta ined con t ra ry to t he provisions of th is Act or for every seaman knowing ly received or accepted to be entered on board cont rary to t he provisions of th i s Ac t a sum not exceeding t w e n t y pounds for each offence a l though several seamen m a y be included in t he same contract or several certificates of discharge may be obtained or several seamen may be received or permi t ted to r ema in a t t h e same t ime.
(5. A n d be i t enacted Tha t i t shall be unlawful for any person to employ any unl icensed person or persons for t h e purpose of engaging or p rovid ing seamen to be entered on board m e r c h a n t ships and t h a t any licensed person knowingly employing any unl icensed person for t h e purposes aforesaid shall forfeit and pay a sum not exceeding twen ty pounds and in addi t ion there to shal l forfeit and lose his license.
7. A n d be it enacted Tha t t h e owner p a r t owner mas te r or
person in charge of any merchan t ship or ship 's h u s b a n d or agent shall no t pay or advance nor give any no te in wr i t ing or otherwise in t he n a t u r e of and p u r p o r t i n g to be an advance no te for any p a r t of t he wages of any seaman hired engaged supplied or provided to be entered on board t h e said ship un t i l six hour s after t h e ship 's art icles have been duly signed by t h e said seaman and by t h e mas te r or owner of t he said ship a n d t h e n only to t h e said seaman himself unless such wages or advance of wages be paid in money in which case the paymen t thereof m a y be made to t he said seaman himself at any period most convenient after t he s igning of t he said ship 's art icles as afore said and all p a y m e n t s of wages con t ra ry to t he provisions of th is Act
| thereof shal l be recoverable by t h e said seaman as if t hey had not been | shall be and are hereby declared to be nul l and void and the amount | |||
| paid or advanced. | ||||
| 8. A n d be it enacted Tha t if any person shall demand or receive from any seaman or from any person other t h a n the owner pa r t owner mas te r or person in charge of a m e r c h a n t ship or t h e ship 's husband | ||||
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| or indirect ly for and on account of t h e h i r ing supply ing or providing any such seaman he shall forfeit for every such offence a sum not exceeding five pounds . | ||||
| i). A n d be it enacted Tha t it shall no t be lawful for any person (other t h a n any officer or person in H e r Majesty 's service or employ m e n t ) to go and be on board any m e r c h a n t vessel a r r iv ing or about to | ||||
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| arr ival a t t he wharf or quay or o ther place of he r discharge wi thou t t he permiss ion and consent of t h e mas te r or person in charge of the said vessel and if any person (other t h a n as aforesaid) shall go and be on board any such vessel before or previous to her ac tua l a r r iva l as aforesaid wi thout t h e permission and consent of the said mas te r or |
person in charge of the said vessel he shal l for every such offence forfeit a n d pay a s u m of money no t exceeding twen ty pounds a n d for t he bet ter secur ing the person of such offender t he mas t e r or person in charge of the said vessel is he reby author ized and empowered
to t ake any person so offending as aforesaid in to custody and to deliver
h i m u p for thwith to any constable or peace officer to be by h i m t aken before a Jus t i ce or Jus t i ces to be dealt wi th according to the provisions
of th i s Act . 10. A n d be i t enacted T h a t if any person shall on board any
m e r c h a n t ship wi th in twenty-four hours of her ar r iva l a t any por t as
aforesaid solicit any seaman to become a lodger a t t h e house of any person not so licensed as aforesaid and le t t ing lodgings for h i re or shall t ake from and out of such ship any chest bedding or other effects of any seaman except u n d e r t h e personal direct ion of such seaman and wi thou t hav ing the permission of t he mas te r or person in charge of such ship he shall be liable to forfeit and pay for every such offence
t h e s u m of five pounds .
1 1 . A n d be i t enacted T h a t if any person shal l demand and
receive of and from any seaman p a y m e n t in respect of his board or lodging in t he house of such person for a longer period t h a n such seaman shal l have ac tual ly resided a n d boarded the re in or shal l receive or t ake in to his possession or u n d e r h is control any moneys documents or effects of any seaman and shall no t r e t u r n t he same or pay t h e value thereof w h e n requi red so to do by such seaman after deduct ing there from w h a t shal l be j u s t l y due and owing in respect of t he board and lodging of such seaman he shall forfeit and pay a s u m not exceeding ten pounds over and above t he a m o u n t of va lue of such moneys docu m e n t s or effects after such deduct ions as aforesaid which shall be adjudged to be for thwi th paid to such seaman unde r t he conviction by the Jus t i ces before w h o m such offence shall be heard and determined.
12. A n d be it enacted Tha t all penal t ies and forfeitures imposed
by th is Ac t shall and m a y be recovered wi th costs by s u m m a r y pro ceedings before any two Jus t i ces of t h e Peace res id ing in or near to
t he place where t h e offence shall be commi t t ed or where t h e offender
shal l be and if t h e s u m imposed as a pena l ty or adjudged to be pa id
as aforesaid by any such Jus t ices shal l n o t be paid e i ther immedia te ly
after t h e convict ion or wi th in such reasonable t ime as such Jus t i ces shal l a t t h e t ime of t h e conviction appoin t i t shal l be lawful for t h e Jus t i ces to commit t h e offender or offenders to t he common gaol or
house of correct ion the re to be impr isoned only or t o be impr isoned
and kep t to ha rd labor according to t h e discret ion of such Jus t ices for
a n y t e r m not exceeding six ca lendar m o n t h s t he c o m m i t m e n t to be
de terminable upon paymen t of t h e a m o u n t and costs and al l such penal t ies and forfeitures shal l be paid a n d applied in m a n n e r following t h a t is to say one moie ty of such pena l ty shal l be paid to t he informer or person upon whose discovery or informat ion t h e same shall be re covered and t h e residue thereof shall be paid to H e r Majesty H e r H e i r s a n d Successors for t he publ ic uses of t he said Colony and in suppor t of t he Gove rnmen t thereof and shal l be applied the re to in such m a n n e r as shal l be directed by any Ac t to be passed by the Governor a n d Legis lative Council Provided always t h a t in all cases of compla in t m a d e by or on t h e behalf of any seaman unde r th i s Ac t t he evidence of such seaman shall bo received and t aken no twi th s t and ing he m a y be interes ted in the m a t t e r Provided also t h a t such seaman shall not in any such case where he shall have been so examined receive a n y p a r t of any pena l ty to be imposed but only such s u m as the Magis t r a t e s before w h o m the case shall be heard shall adjudge h im to receive for any moneys or effects which shall appear to have been deposited by h i m wi th any such person as aforesaid.
13. And be it enacted That the Justices before whom any
person shall be summarily convicted of any offence against this Act may cause the conviction to be drawn up in the following form of words or in any other form of words to the same effect as the case shall require that is to say—•
" BE it remembered That on the day of in the " year of our Lord at in the Colony " of New South Wales [as the case may be] A. 0. is con- " victed before us [naming the Justices] two of Her
" Majesty's Justices of the Peace duly authorized in that
" behalf for that he the said A. O. did [specify the offence " and the time and place when and where the same was com- " mitted as the ease may be] and we the said Justices adjudge " the said A. 0. for his said offence to forfeit and pay the
" sum of [here slate the amount of the fine imposed, and when
" necessary add the words ' over and above the sum of
" ' £ which we the said Justices do hereby " ' adjudge to be forthwith paid to the said E. F. the " ' seaman] the same being the value of moneys documents " ' o r effects of the said E. F. received by or taken into the " ' possession or under the control of the said A. O.' ] and " we the said Justices do also adjudge the said A. 0. to " pay the sum of for costs and in default of
" immediate payment of the said sums of to " be imprisoned in the for the space of " unless the said sums shall be sooner paid [or and we " order that the said sums of shall be paid by the
" said A. 0. on or before the day of " and we direct that the sum of part of the " said penalty together with the said sum of " for costs shall be paid to C. D. [the party informing] and
" the residue of the said penalty shall be paid to Her " Majesty Her Heirs and Successors for the public uses of " the said Colony and in support of the Government
" thereof as by law directed. Given under our hands the
" day and year first above mentioned."
14. And be it enacted That no such conviction shall be quashed
for want of form or be removed by certiorari or otherwise into any of Her Majesty's Superior Courts of Record and no warrant of commit ment shall be held void by reason of any defect therein provided it be
therein alleged that the party has been convicted and there be a good
and valid conviction to sustain the same.
15. And be it enacted That the words " merchant ship" inserted in this Act shall bo understood to include every description of sea going trading or passage vessel lying and being within the limits of the Colony of New South "Wales and the term " Governor" shall be deemed and taken to mean the Governor for the time being or the
Officer administering the Government of the Colony and the term " Executive Council" shall be deemed and taken to mean the Officers
acting in that behalf by authority of Her Majesty.
No. X X I V .
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