Merchant Seamen Act 1849 No 28a (NSW)

No. XXVIII.

An Act to amend and consolidate the Laws

relating to Seamen in the Merchant Service of

the Colony of New South Wales and for keep­ ing a Register of Seamen belonging to Ships registered in the said Colony. [2nd October,

WH E R E A S the provisions of an A c t of Parliament passed in the seventh and eighth year of the reign of Her present Majesty	Queen Victoria intituled " An Act to amend and, consolidate the Laws
relating to Merchant Seamen and for keeping a Register of Seamen" do not apply to ships belonging to the Colony of N e w South Wales or to the crews of such ships while such ships shall he within the precincts of the said Colony A n d whereas the provisions of the said A c t do not extend to such ships or crews even when such ships are without the precincts of the said Colony so far as the same relate to agreements register tickets and apprentices A n d whereas it is expedient to amend and consolidate the laws relating to crews of vessels registered in the said Colony Be it therefore enacted by His Excellency the Governor of N e w South Wales with the advice and consent of the Legislative Council thereof That from and after the
passing of this A c t an A c t of the said Governor and Council passed in
the second year of the reign of His late Majesty K i n g Wi l l i am the Fourth

1849.1

Fourth intituled " An Act for the better regulation and government " of Seamen in the Merchant Service in the Colony of New South " Wales and for the protection of Masters and Ships from vexatious " suits in the said Colony " and also so much of an Ac t of the said

Governor and Council passed in the seventh year of the reign

of .Iter said Majesty intituled "An Act to amend an Act for the

"farther and belter regulation and government of Seamen within the " Colony of New South Wales and its Dependencies and for the estab-
" lishment of a Water Police" as is contained in the seventeenth
section thereof shall he and the same are hereby repealed Provided always that all offences which shall have been committed and all
penalties and forfeitures which shall have been incurred previously to the commencement of this Ac t shall and may be punishable and
recoverable under the said recited Acts respectively in the same

manner as if this A c t had not been passed.

2. A n d be it enacted That it shall not be lawful for any master

of any ship or vessel of whatever tonnage or description belonging to

any subject of Her Majesty and registered in the Colony of N e w South

Wales proceeding to parts beyond the seas or of any ship registered •in N e w South Wales of the burden of eighty tons or upwards employed in the coasting trade of the said Colony to carry to sea any

seaman or other person to act in the capacity of seaman as one of his crew or complement (apprentices excepted) unless the master of such ship or vessel shall have first made and entered into an agree­ ment in writing with such seaman specifying what wages such seaman is to be paid the quantity of provisions he is to receive the capacity

in which he is to act or serve and the nature of the voyage in which
the ship is to be employed so that such seaman may have some means of judging of the period for which he is l ikely to be engaged and such

agreement shall be properly dated and shall be signed by such master in the first instance and by the seamen respectively at the port or place where they shall be shipped and such agreement shall be in the

manner and form of the Schedule to this A c t annexed marked A

provided the vessel is intended to be engaged as a trader or on

coasting voyages but should the vessel be intended to be employed in a whaling sealing or other voyage in which the crew are to participate in the profits of the voyage and are to receive a proportion or lay in the room of monthly wages such agreement shall be in the form of the Schedule to this A c t annexed marked B and the master shall cause the said agreement to be read over and distinctly explained to	every such seaman in the presence of a witness before such seaman	shall execute the same and such witness shall duly attest the same
and it shall not be lawful for the master of any ship to carry to sea any seaman until he shall have first obtained from such seaman a
certificate of his discharge from his former vessel countersigned by
the principal executive officer of the Water Police or a permission in
writing from such officer to employ himself which certificate or
permission the said master is hereby required to return to the Wate r
Police Office and at the termination of the service for which such
seaman shall have agreed the said master is hereby required to grant
him a fresh discharge.
3. A n d be it enacted That if any master or owner of any such ship shall carry out to sea any seaman (apprentices excepted) AA'ithout
having first entered into the required agreement with such seaman or
if any such master shall not obtain from any seaman his certificate of discharge according to the provisions of this Ac t such master shall in
every such case forfeit and pay a sum not exceeding ten pounds for or in respect of every such seaman and if any master or owner shall neglect to cause such agreement to be read over and explained to such

seaman

seaman before the signing or execution thereof by such seaman the said master or owner shall for each neglect forfeit and pay a sum not

exceeding five pounds for every such seaman and if any master or

owner shall refuse to give such seaman when entitled to receive; the same a certificate of discharge from his service when such period of

service shall have terminated such master shall forfeit and pay for

every such offence a sum not exceeding live pounds.

4:  A n d be it enacted That no seaman of any such ship by reason

of any agreement shall forfeit his lien upon the ship nor be deprived of any remedy for the recovery of his wages to which he would otherwise

be entitled against any person or persons whatever and no agreement

contrary to or inconsistent with this A c t nor any clause contract

or engagement whereby any such seaman shall consent or promise to forego or give up any right or claim to wages in the case of freight

earned by a ship subsequently lost or any right or claim to salvage or

reward for salvage services or such proportion of salvage or reward for salvage services as shall or may be dues to him by decree or award or otherwise shall be valid or binding on such seaman and every copy of

an agreement so certified and delivered as aforesaid shall in all cases

be received and taken as evidence of the contents of the agreement for and on behalf of the seaman and no seaman shall in any case; be required to produce such agreement or such copy as aforesaid or to

give notice for the production thereof but in case the agreement shall not be produced and proved he shall be at liberty to prove the contents
or purport thereof or to establish his claim by other evidence according

to the nature of the case.

5. A n d be it enacted That in prosecuting any offence or suing

for any penalty under this Act it shall not be necessary for the purpose of proving the execution of any agreement to call any subscribing or

attesting witness or witnesses thereto or to account for the absence or

to prove the handwriting of any such subscribing or attesting witness or witnesses but that every such agreement may be proved in the like

manner as if there were no subscribing or attesting witness or witnesses
thereto.

6. A n d be it enacted That in case any seaman of or belonging to any such ship whether before the commencement or during the

progress of any voyage shall at any time neglect or refuse to join the ship on board of which he shall have engaged to serve or shall refuse

to proceed to sea in such ship or shall refuse to perform the necessary

duty for which he shall have engaged or shall refuse to obey any lawful

engaged or shall be insubordinate or shall absent himself without	command of any master or officer of the vessel in which he shall have
leave or shall desert it shall be lawful for any Justice of flu; Peace where or near to the place where such ship shall happen to be or where
such seaman shall be found and such Justice is hereby required upon
complaint being made on oath by the master mate or owner or the
agent of the owner to issue his warrant and cause such seaman to be apprehended and brought before him and in case such seaman shall not give a reason to the satisfaction of such Justice for his neglect refusal insubordination or absence as the case may be or in case of desertion it shall be lawful for any Justice upon due proof of such
neglect refusal insubordination absence disobedience of orders or
desertion to commit such seaman to the nearest gaol or house of cor­
rection there to be imprisoned with or without hard labor at the discretion of such Justice for a period not exceeding thirty days or it
shall be lawful for such Justice if he shall so think fit at the request of the master mate or owner or the agent of the owner instead of
committing such seaman to the gaol or house of correction as aforesaid to cause him to be conveyed on board the said ship or to be delivered

2 H—VOL. 3. to

to the said master mate or owner or the ai>'ent of the owner for the

purpose of proceeding on the voyage and also to award to the master

or owner such costs as may he incurred in the apprehension of such

seaman as to such Justice shall seem reasonable not exceeding in any case the sum of forty shillings and which sum shall be chargeable against and may be deducted from the wages of such seaman.
7. A n d be it enacted That if any seaman of and belonging to
any such ship during the time or period specified for his service shall

wilfully and without leave absent himself from the ship or otherwise from his duty he shall (in all cases not of desertion or not treated as

such by the master) forfeit out of his wages the amount of two days'
pay and for every twenty-four hours of such absence the amount of six days' pay or at the option of the master the amount of such

expenses as shall have been necessarily incurred in hiring a substitute and in case any seaman while he shall belong to the ship shall without

sufficient cause neglect or refuse to perform such his duty as shall be reasonably required of him by the master or other person in command of the ship he shall he subject to a like forfeiture in respect of every such offence and of . every twenty-four hours' continuance thereof and in case any such seaman after the ship's arrival at her port of delivery and before her cargo shall be discharged shall quit the ship without a previous discharge; or leave from the master he shall forfeit one month's pay out of las wages Provided always that no such forfeiture shall be incurred unless the fact of the seaman's absence neglect or refusal shall be duly entered in the ship's log book the

truth of which entry it shall be incumbent on the owner or master in

all cases of disputes to substantiate by the evidence of the mate or
some other credible witness.

8. A n d be it enacted That in all cases where any such seaman shall have contracted for wages by the voyage or by the run or by the share and not by the month or other stated period of time the amount

of forfeitures to be incurred by such seaman under this A c t shall be

ascertained in manner following that is to say if the whole time spent
in the voyage agreed upon shall exceed one calendar month the forfeiture of one month's pay expressed in this A c t shall be accounted

and taken to be a forfeiture of a sum of money bearing the same pro­

portion to the whole wages or share as a calendar month shall bear to
the whole time spent in the voyage and in like manner a forfeiture of

six days' pay or less shall be accounted and taken to be a forfeiture of
a sum bearing the same proportion to the whole wages or share as the

voyage and if the whole time spent in the voyage shall not exceed the	six days or other period shall bear to the whole time spent in the
period for which the pay is to be forfeited the forfeiture shall hi;
accounted and taken to be a forfeiture of the whole wages or share and the master or owner is hereby authorized to deduct the amount of all such forfeitures out of the wages or share of any seaman incurring the same.
9. A n d be it enacted That any such seaman who shall desert the ship to which he shall belong shall forfeit to the owner
thereof all his clothes and effects which he may leave on board and he
shall also forfeit all wages and emoluments to which he might other­
wise be entitled and in case of any such seaman deserting abroad he
shall likewise forfeit all wages and emoluments whatever which shall
be or become due or be agreed to be paid to him from or by the owner or master of any other ship in the service whereof such seaman may have engaged for the voyage back to N e w South "Wales and that all wages and portions of wages and emoluments which shall in any case whatever become forfeited for desertion shall be applied in the first
instance in or towards the reimbursement of the expenses occasioned

by

by such desertion to the owner or master of the ship from which the seaman shall have deserted and the remainder shall be paid to the Colonial Treasurer to be by him applied for the relief of seamen disabled or otherwise injured while serving in Colonial vessels Pro­ vided always that every desertion be entered in the log book at the time and certified by the signatures of the master or the mate and one other credible witness and that the absence of any such seaman from his ship for any time within twenty-four hours immediately preceding the sailing of such ship from any port whether before the commence­ ment or during the progress of any voyage wilfully and knowingly without permission or the wilful absence of any such seaman from his ship at or for any time without permission and under circumstances shewing an intention to abandon tin; same and not to return thereto shall be deemed a desertion of and from the same ship and in cast; any

such seaman shall desert in parts beyond the seas and the master of
the ship shall engage a substitute; at a higher rate of wages than that stipulated in the agreement to be; paid to the seaman so deserting the owner or master of the said ship shall be entitled to recover from the deserter by summary proceeding within the said Colony in tlx; same manner as penalties are by this A c t made recoverable (so far as the same can be applied) any excess of wages or portion thereof which
such owner or master shall pay to such substitute beyond the amount
which would have been payable to the deserter in case he had duly performed his service pursuant to his agreement Provided always that no seaman shall be imprisoned longer than three calendar months for non-payment of any such excess of wages.
10. A n d be it enacted That if any person shall wilfully harbour or secrete any such seaman or apprentice who shall have deserted from any such ship knowing or having reason to believe such seaman or apprentice to be a deserter every person so offending shall for every
such seaman or apprentice so harboured or secreted forfeit and pay the

sum of twenty pounds and no debt exceeding in amount five shillings incurred by any seaman after he shall have engaged to serve shall be recoverable until the service agreed for shall have; been concluded nor shall it be lawful for any keeper of a public-house or of a lodging- house for seamen to detain any chest tools or other property of any seaman for any debt alleged to have; been contracted by him and in case of such detention of the chest tools or other property of a seaman it shall be lawful for any Justice of the Peace at or near the place upon complaint upon oath to be made by such seaman or on his behalf	to inquire into the matter upon oath in a summary way and i f it shall	appear to such Justice that the alleged claim is fraudulent or that the
debt was not fairly incurred to the full amount of the claim by warrant under his hand and seal to cause such effects to be seized and delivered over to such seaman and the person so detaining the same shall forfeit and pay any sum not exceeding twenty pounds at the; discretion of
such Justice.

11. A n d be it enacted That the master or owner of every such

ship shall and is hereby required to pay to every such seaman his wages within the respective periods following that is to say—if the ship shall be employed in coasting the; wages shall be paid within two days after the termination of the agreement or at the time when any such seaman shall be discharged whichever shall first happen and if the ship shall be employed otherwise than coasting then the wages shall be paid at the latest within three days after the cargo shall have been delivered or within seven days after the seaman's discharge whichever shall first happen and in all cases the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one-fourth part of t i e balance due to him and in ease the master or owner shall neglect or

refuse-

refuse to make payment in manner aforesaid he shall for every such neglect or refusal forfeit and pay to the seaman the amount of two days' pay (to he recovered as wages) for each day not exceeding ten days during which payment shall without sufficient cause be delayed beyond the respective periods aforesaid Provided always that nothing in this clause contained shall extend to the cases of ships employed in the southern whale fishery or on voyages for which sea­ men by the terms of their agreement are only compensated by shares in the profits of the adventure.

12. A n d be it enacted and declared That every such payment of wages to any such seaman shall be valid and effectual in law notwith­ standing any bill of sale or assignment which may have been made of

such wages or of any attachment or incumbrance thereon and that no
assignment or sale of wages or salvage made prior to the accruing thereof nor any power of attorney expressed to be irrevocable for the receipt of any such wages or salvage shall be valid or binding upon the party making the same and any attachment to be issued from any Court whatever shall not prevent the payment of wages to any such seaman and if during the voyage the allowance of provisions which a seaman agreed to receive shall be reduced one-third of the quantity or less he shall receive four-pence per day and if the reduction be more

than one-third he shall receive eight-pence per day during the periods such respective deductions may be made and such pecuniary allowance

shall be paid to him in addition to and be recoverable as wages.

13. A n d be it enacted That upon the discharge of a seaman from any such ship or upon payment of the wages to him he shall receive from the master and the master is hereby required to give to him not only his register ticket i f he shall have any but also a certificate of

such seaman's discharge in the form set forth in Schedule E to this
Ac t annexed specifying that such seaman is discharged which certifi­ cate shall be signed by the master and shall be brought by him to the principal executive officer of the Water Police or to such other person as shall be from time to time appointed by the Governor to perform
such duty to be countersigned and registered in accordance with the

A c t of the said Governor and Council passed in the fourth year of the
reign of Her said Majesty intituled "An Act for the farther and better

" regulation and government of Seamen within the Colony of New " South Wales and its Dependencies and for establishing a Water " Police " and if the master shall not give such certificate to such

to him any sum not exceeding five pounds. seaman in the manner hereinbefore provided he shall forfeit and pay 11. A n d be it enacted That i f three days after the termination

of the stipulated service or if three days after any such seaman shall have been discharged he shall be desirous of proceeding on another voyage and in order thereto or for any other sufficient reason shall require immediate payment of any amount of wages not exceeding twenty pounds clue to him it shall be lawful for any Justice of the Peace in the said Colony where or near to the port or place where such service shall have terminated or such seaman shall have been discharged or the party or parties liable shall be or reside on application from

such seaman and on satisfactory proof that he would be prevented

from employment or incur serious loss or inconvenience by delay to summon such party or parties before him and if it shall appear to the satisfaction of such Justice that there is no reasonable cause for delay to order payment to be made forthwith and in default of immediate compliance with such order such party or parties shall forfeit and pay to such seaman in addition to his wages any sum not exceeding

five pounds to be recoverable as wages.

15. A n d be it enacted That in all cases of wages not exceeding

twenty pounds which shall he due and payable to any seaman of any

such ship it shall be lawful for any Justice of the Peace in the said

Colony where or near to the place where the ship shall have ended her voyage cleared at the Custom House or discharged her cargo or where or near to the place where the party or either of the parties upon whom the claim is made shall be or reside upon complaint on oath made to such Justice by such seaman or on his behalf to summon such party or parties to appear before him or any other such Justice to answer such complaint and upon the appearance of such party or par­ ties or in default thereof on duo proof of such party or parties having been so summoned any such .Justice is hereby empowered to examine the parties and their respective witnesses (if there be any) upon oath touching the complaint and the amount of wages due and to inspect any agreement or copy thereof if produced and make such order for payment of the said wages not exceeding twenty pounds with the costs incurred by the seaman in prosecuting such claim as shall to

such Justice appear reasonable and just and in case such order shall

not be obeyed within two days next after the making thereof it shall be lawful for such Justice to issue his warrant to levy the amount of
1 he wages awarded to be due by distress and sale of the goods and

chattels of the party on whom such order for payment shall be made rendering to such party the overplus ( if any shall remain of the produce of the sale) after deducting thereout all the costs charges and expenses incurred by the seaman in the making and prosecuting of the complaint as well as the costs and charges of the distress and levy or to cause the amount of the said wages costs charges and expenses to be levied on the ship in respect of the service on board which the wages are claimed or on the tackle and apparel thereof and if such ship shall not be within the jurisdiction of such Justice or such levy cannot be made or shall prove insufficient then he is hereby empowered to cause the party upon whom the order shall be made; to be appre­ hended and committed to the common gaol of the district or county there to remain without bail until payment shall be; made of the amount of the wages so awarded and of all costs and expenses attend­ ing the recovery thereof and the award and decision of such Justice as aforesaid shall be final and conclusive.

1(5. A n d be it enacted That in all cases of wages not exceeding

thirty pounds it shall be lawful for any two or more of such Justices

of the Peace as are hereinbefore mentioned to exercise all and singular

the like power jurisdiction and authority vested by the next preceding	clause in any one Justice.
17. A n d he it enacted That in all cases of wreck or loss of the ship every surviving seaman shall be entitled to his wages up to the period of the wreck or loss of the ship whether such ship shall or shall not have previously carried freight provided the seaman shall produce a certificate from the master or chief surviving officer of the ship to the effect that he had exerted himself to the utmost to save the ship cargo and stores.
18. A n d be it enacted That if at any time after any such seaman shall have signed any agreement in accordance with the pro­ visions of this Ac t or during the continuance of any voyage for which he shall have agreed it shall appear to the master or owner of the ship in which such seamen has agreed to serve that he has wilfully neglected his duty or obstructed others in the execution of their duty or wilfully destroyed! or damaged any part of the ship's apparel tackle boats or gear so that such ship may have been obliged to return to port with certain loss to her owners it shall be lawful for such owner or master to summon such seaman before any two or more Justices of the Peace

for

for the amount of damage so sustained not exceeding in each case the

sum of thirty pounds and such owner or master may in any claim for

wages lay or share that may he made by any seaman who has so
misconducted himself as aforesaid plead as a set-off or in abatement such neglect or wilful destruction on the part of such seaman Pro­

vided such neglect obstruction or wilful destruction or damage shall have been duly entered in the ship's log book at the time and shall be certified by the signatures of the master and the mate or the master

and one other credible witness and the owner or master shall have the same summary or other means of obtaining redress as the seaman by this A c t has for the enforcement of his claim for wages and any two or
more Justices of the Peace as aforesaid are hereby authorized to hear
and determine the same and to enforce any such award or decision

which they may have made against any seaman as aforesaid in a

summary way in the manner provided by this Ac t .

19. A n d be it enacted That all the rights liens privileges and remedies (save such remedies as are against a master himself) which by this A c t or by any law statute custom or usage belong to any sea­
man or mariner not being a master mariner in respect to the recovery of his wages shall in the case of the bankruptcy or insolvency of the
owner of the ship also belong and be extended to masters of such ships or master mariners in respect of the recovery of wages due to them from the owner of any such ship belonging to any of Her Majesty's

subjects and that no suit or proceeding for the recovery of wages shall unless they exceed twenty pounds be instituted against such ship or the master or owner thereof either in any Vice Admiralty Court or any Court of Record in the said Colony unless the owner of the ship shall

be bankrupt or insolvent or the ship shall be under arrest or be sold by the authority of any Admiral ty or Vice Admiral ty Court or unless

any Magistrate acting under the authority of law shall by writing under his hand refer the case to be adjudged by any such Court or Courts or unless neither the owner nor master shall be or reside at or near the port or place where the service shall have terminated or where any seaman shall have been discharged or put on shore.

20. A n d be it enacted That every ship registered in N e w South
Wales navigating between the said Colony and any place out of the

same (coasting vessels excepted) shall have and keep constantly on board a sufficient supply of medicine and medicaments suitable to the accidents and diseases arising on sea voyages in accordance with the scale which shall from time to time or at any time be issued by

the Governor of the said Colony for the time being and shall be pub­	lished in the New South Wales Government Gazette and every vessel
(coasting vessels excepted) shall have on board a sufficient quantity of lime or lemon juice sugar molasses and vinegar the lime or lemon juice sugar molasses and vinegar to be served out to the crew when
they shall have been consuming salt provisions for ten days the lime
or lemon juice sugar or molasses daily at the rate of half an ounce each
per day and the vinegar weekly at the rate of half a pint per week to each person so long as the consumption of salt provisions shall be continued and in case any default shall be made in providing and
keeping such medicine medicaments and lime or lemon juice sugar or
molasses or vinegar as aforesaid the master or owner of such ship shall incur a penalty of not more than twenty pounds for each and
every default and in case the master or any seaman shall receive any
hurt or injury in the service of the ship the expense of providing the necessary surgical and medical advice with attendance and medicines and
provisions for his subsistence until he shall have been cured or brought
back to N e w South Wales shall be defrayed by the owner of such ship
without any deduction whatever on that account from the wages of

such

such master or seaman and if paid by any officer of Her Majesty the amount with full costs of suit shall he recovered as a debt duo to Her

Majesty and every ship having one hundred persons or upwards on

board for a voyage which w i l l probably exceed eight weeks shall have

on hoard some person duly authorized by law to practise as a physician

surgeon or apothecary and in case of default thereof the owner shall incur a penalty not exceeding one hundred pounds to be recovered by

action of debt in the Supreme Court of N e w South Wales.

21.    A n d be it enacted That the master of every ship registered

in the Colony of N e w South Wales and hound to parts beyond the seas (except in cases hereinafter mentioned) shall on his departure

from the port of clearance deliver a list of his crew as provided

by the sixth section of the said last recited Act passed in the fourth

year of the reign of Her said Majesty and the master or owner of
every such sh ip shall on his return to N e w South Wales within

twenty-four hours after her arrival at her final port of destination in

the said Colony deliver or cause to be delivered or transmitted to such

officer as shall be duly appointed by the Governor for that purpose in addition to the list provided by the sixth section of the said recited
Act an account or list signed by such master of all seamen and others

including apprentices who shall have belonged to such ship at any
time; during her absence from N e w South Wales which account or list shall contain a full true and correct return under their respective heads of the several particulars expressed in the form set forth in the

Schedule to this Ac t annexed marked C and no vessel shall be entitled to (Miter inwards at the Custom House until the master or owner thereof shall produce a certificate from the proper officer that such respective lists have been delivered and every master or owner who

shall neglect or refuse to deliver such lists as aforesaid or either of

them shall forfeit and pay a penalty not exceeding fifty pounds.

22. A n d be it enacted That within twenty-one days after the

thirtieth day of June and the thirty-first day of December in each

year the master or owner of every vessel registered in N e w South Wales and employed in the coasting trade and not being of less
burden than ten tons shall deliver or transmit or cause to be delivered or transmitted to such officer as may be appointed by the Governor for that purpose an account signed by such master or owner of any
voyage or voyages in which such vessel shall have been engaged

during the preceding half-year ending on the respective days above

mentioned and setting forth the names of the several persons including

the master and apprentices who shall have belonged to the vessel at
any such periods respectively which account shall be in the form

and shall contain a true and correct return under their respective heads of the several particulars expressed in the Schedule marked D to this A c t annexed and any master or owner who shall refuse

or neglect to deliver such list as aforesaid shall forfeit and pay for

every such offence a penalty of not more than ten pounds.

23. A n d be it enacted That should any seaman belonging to

any vessel registered in the Colony of N e w South Wales die during

the continuance or progress of any voyage in which such vessel may

be employed the master of such vessel shall and he is hereby required
to cause any effects which such seaman shall have on board at the

time of his death to be realized by public sale on board the said vessel

and the proceeds thereof together with such wages as shall be due to such seaman at the time of his death he shall pay or shall canst; to be

paid into the Colonial Treasury or to such officer as His Excellency the Governor may appoint for such purpose to be appropriated as herein­ after directed and such master shall at the same time render or cause
to be rendered to the Colonial Treasurer or to such officer as aforesaid

a

a just and true account of such wages and effects which shall he

certified by such master as correct and any master who shall neglect to pay or cause to be paid such wages as aforesaid or shall render or

cause to be rendered any false account of any property due to such seaman as aforesaid at the time of bis death shall for every such offence forfeit and pay a penalty of not more than fifty pounds.

21. A n d be it enacted That the master or owner of every

ship belonging to any subject of Her Majesty and registered in the

Colony of N e w South wales and of the burden of eighty tons or

upwards shall have on board at the time of her proceeding from any port in the said Colony and at all times when absent therefrom or

navigating the seas one apprentice or more in the following propor­

tions to the number of tons of his ship's admeasurement according to the certificate of registry (that is to say) for every ship of eighty tons and under two hundred tons one apprentice at the least for every ship

of two hundred tons and under four hundred tons two apprentices at

the least for every ship of four hundred tons and under live hundred tons three apprentices at the least for every ship of five hundred tons and under seven hundred tons four apprentices at the least and for every ship of seven hundred tons and upwards five apprentices at the least all

of whom at the time of their being bound respectively shall be subjects

of He r Majesty and shall be above twelve years and under seventeen years old and shall be duly bound for a term not less than three years and not exceeding seven years and i f cany master or owner shall

neglect to have on board his ship the number of apprentices hereby required he shall in every such case forfeit and pay a penalty of ten
pounds in respect of each apprentice so wanting.

25. And be it enacted That whenever any young person is about to be bound apprentice to the sea service who shall have no parent or guardian it shall and may be lawful for any two Justices of the Peace acting in any district in which the said person so to be bound shall reside to execute the indenture in the room and stead of such parent or guardian and in case of such young person receiving
eleemosynary support in any public establishment in the said Colony it shall and may be lawful for the person or persons or any one or more of them who may have the control or inspection of the same to execute the indenture of apprenticeship in the room and stead of the

parent or parents of such person and the same shall be attested by two Justices of the Peace who shall in all cases be satisfied that such boy hath consented so to be bound and that he hath attained the age men­

tioned in such indenture and is of sufficient health and strength and	the age of every such boy shall be truly inserted in such indenture
and the age of such boy so inserted therein shall (in relation to the continuance of his service) be taken to be his true age without any further proof thereof and any certificate of baptism of such boy which
may be required shall be given and attested by the officiating minister without fee or reward Provided always that no apprenticeship to the
sea service shall be binding after the apprentice shall have attained the age of twenty-one years and that every indenture shall be given up to such apprentice on his attaining such age or at the expiration of his apprenticeship whichever shall first happen by the person to
whom he shall be bound under a penalty not exceeding twenty
pounds to be paid by such person on default but should any apprentice­ ship expire during a voyage and before the ship's arrival at her final port of destination such apprenticeship shall notwithstanding continue until the return of the ship to her final port of destination but after
one calendar month from the expiration of such apprenticeship the
apprentice shall be paid the same wages as an able-bodied seaman or ordinary seaman of the said ship according to his qualification.

26. A n d be it enacted That in every ease of a person being bound apprentice to the sea service the indentures to be executed

on such an occasion shall he in duplicate in the form or to the tenor or effect as the case may be set forth in the Schedule to this A c t annexed
marked F and a counterpart shall he delivered to the Collector of Customs at Sydney or to such other officer as His Excellency the

Governor shall appoint for that purpose and the indentures shall be registered in a book to be kept for that purpose by the said Collector or other officer in which hook shall he expressed the dates of the several indentures the names and ages of flu; apprentices the names

and residence of the masters and if known the names and burden of

flu; several ships in which they are respectively to serve and such Collector or other officer shall require the personal attendance of every
such apprentice at the time of registering his indentures or the assign­ ment thereof and shall indorse and subscribe on each indenture a
certificate purporting that the same had been duly registered pursuant to this A c t and it shall be lawful for flu; master of such apprentice or in case of his death his executors or administrators with the consent of

the apprentice if above the age of seventeen years and if under that age
with the consent of his parent or guardian or such Justices or such

person or persons as may have the control or inspection of any such elee­

mosynary establishments as aforesaid such consent to be in writing to

assign or transfer the indentures of such apprentice to any other master
or owner of any other vessel registered in the said Colony and all such
apprentices may during the time for which they shall be bound be

employed in any vessel of which the master for the time being of any

such apprentice may be the master or owner Provided always that such assignment shall be registered and indorsed by the said Collector

or such other officer and any such apprentice or his guardian as the
case may be shall be present at the time.

27. And be it enacted That no cancelling of any indenture of apprenticeship of any description (except as hereinafter mentioned) shall be valid or effectual without the mutual consent of the parties
or without the consent of the Collector of Customs of the port in which

such cancellation shall take place or in the case of bindings by two Justices of the Peace without the additional consent of two other Justices of the Peace to be testified by their indorsement on the indenture of apprenticeship or by a certificate under their bands in case the indenture should be lost or mislaid.

pursuant to this A c t nor any master or owner of any ship registered 28. A n d be it enacted That no apprentice bound or assigned

as aforesaid in respect of such apprentice shall be liable to any pay­
ment or contribution to or towards any hospital or institution.

29. A n d be it enacted That if any such master or owner to

whom any apprentice to the sea service shall be bound or assigned

shall neglect to deliver a counterpart and cause the indenture or the assignment (as the case may be) to be registered as required by this

A c t so far as depends on such master or owner within ten days after

the binding or assignment every such master or owner shall for every such neglect forfeit and pay the sum of ten pounds and if any such master or the masters of any vessel shall after the vessel shall have
proceeded on the voyage upon which such vessel may be bound permit
any apprentice to quit his service or the service of the said vessel
except for the purpose of entering into t ie r Majesty's Naval Service every such master shall for every such offence forfeit and pay any sum
not exceeding twenty pounds.
30. A n d be it enacted That any Justice of the Peace residing at or near to any port in the Colony of Now South Wales to which any vessel registered as aforesaid having on board thereof any

2 I — V O L . 3. apprentice

apprentice shall at any time arrive shall have; full power and authority to inquire into and examine hear and determine in a summary way all complaints of misbehaviour on the part of any such apprentices and to punish any such apprentice by commitment to the common gaol to solitary confinement for a period not exceeding seven days.

31. A n d be it enacted That if any master of any ship shall misuse or illtreat his apprentice or neglect to instruct properly his apprentice or otherwise to discharge his duty or covenant towards

such apprentice upon complaint made on oath to any Justice of the
Peace it shall and may be lawful for such Justice to summon the party complained against to appear before any two Justices of the Peace who shall hear and determine the matter of the said complaint in a summary way and to impose upon conviction any reasonable fine or lines not exceeding ten pounds upon such master as a punishment for such misusage illtreatment or neglect of duty or breach of cove­
nant as aforesaid and if not paid the same shall be levied by distress

and sale of the goods and chattels of the person so offending rendering the surplus (if any) after deducting the amount of such fine and the charges of such distress and sale to such offender and such fine shall be applied and disposed of either towards any charitable institution in the district or place where such offender shall be or to and for the use and benefit of such apprentice for or towards a recompense or compensation for the injury which may have been by him sustained by reason of such misusage illtreatment neglect or breach of covenant as aforesaid at the discretion of the Justices imposing the same and if the master of any vessel shall not send on shore in the charge of the mate or other trustworthy person any apprentice desirous of complaining to a Justice of the Peace so soon as the service of the vessel wil l permit he shall for every such default forfeit and pay any sum not exceeding ten pounds.
32. And be it enacted That if it shall appear just and reasonable to any two or more Justices before whom any such complaint as aforesaid shall be heard and determined to cancel the indentures of apprenticeship it shall and may be lawful for such Justices to cancel

such indentures accordingly and to discharge such apprentice from all

obligation to serve thereunder by certificate under their hands and seals which certificate shall be a full and sufficient bar to any action which may be brought for a breach of such indentures or any other matter thing or cause of action arising out of the same; or for the harbouring or enticing away of any such apprentice or otherwise.

33. A n d be it declared and enacted That so much of the said recited A c t of Parliament as is hereinafter specially set forth shall be and is hereby declared to be in force within the Colony of N e w South Wales and shall be applied so far as the same can be applied to all vessels registered in the said Colony and to the owners masters and seamen thereof respectively that is to say so much of the said recited A c t as enacts—" That in the case of any assault or battery committed

" on board any ship belonging to any subject of Her Majesty in any
" part of the world it shall be lawful for any two Justices of the

" Peace in any part of Her Majesty's Dominions or the Territories
" under the Government of the East India Company residing at or " near any port or place at which the said ship may arrive or touch " upon complaint of the party aggrieved to hear and determine any
" such complaint and to proceed and make such adjudication thereon
" as by the; said A c t any two Justices are empowered to do in the " cases of assaults and batteries in England and the fine or forfeiture " to be imposed in any such case shall be payable to the Seamen's " Hospital Society Provided always that such complaint shall be " made and prosecuted within three months after such alleged

assault

" assault or Lattery or within three months alter the arrival of " the ship at her final port of destination in the United Kingdom " or within three months after the respective parties shall he

" w i t h i n the jurisdiction of such Justices as aforesaid"—And so much of the said recited A c t as enacts " T h a t no apprentice to the

" sea service shall be at liberty to enter into the Naval Service of " H e r Majesty during the period of his apprenticeship without the " consent of his master but if nevertheless he shall voluntarily enter

" into such Naval Service of I te r Majesty and shall be allowed by his " master to continue therein such master in case he shall give notice
" to the Secretary of the Admiralty of his consent to his apprentice " remaining in Her Majesty's said service during the residue of the " term of his apprentices!)ip shall upon the production of the inden- " ture and assignment ( i f any) if duly registered and having the " register ticket attached be entitled to receive to his own use any

" balance of wages and prize; money that may become due and payable

" to any such apprentice until the expiration of his apprenticeship "—-

A n d so much of the said recited A c t as enacts " That- if any master of

" a ship belonging to any subject of Her Majesty shall discharge any " person belonging to his ship or crew at any of Her Majesty's Colo- " nies or Plantations without the previous sanction in writing (to be " indorsed on the agreement) of the Governor or other officer holding " the chief authority there or of the Secretary or other officer duly

" appointed by the Government there in that behalf or in the; absence " of such functionaries then of the; Chief Officer of Customs resident " at or near such port or place or shall discharge any such person at

" any other place abroad without the like previous sanction to be so " indorsed on the agreement by Her Majesty's Minister Consul or
" Vice-Consul there or in the; absence of any such functionary then of " two respectable merchants resident there such master shall be guilty " of a misdemeanor or if any master of any such ship shall abandon " or leave behind at any such Colony or Plantation any person

" belonging to his ship or crew on the plea or pretence of unfitness or " inability to proceed upon the voyage or of desertion or disappear- " ance from the ship without a previous certificate in writing (to be " indorsed on the agreement) of the Governor Secretary or other

" officer as aforesaid or in the absence of such functionary then of " the Chief Officer of Customs resident at or near such port or place " certifying such unfitness inability desertion or disappearance or shall

" abandon or leave behind any person belonging to his ship or crew at	" any other place abroad on shore or at sea upon such plea or pretence	" without the like previous certificate of Her Majesty's Minister
" Consul or Vice Consul there or in the absence of any such functionary " then of two respectable merchants if there be any such at or within
" a reasonable distance from the place where the ship shall then be " such master shall be guilty of a misdemeanor or if any master of
" any such ship in case any person belonging to his ship or crew shall
" desert from the said ship at any place abroad shall neglect to notify
" the same in writing to one of such functionaries as aforesaid if there " be any such resident at or near the place and in their absence if it
" be out of Her Majesty's Dominions then to two respectable; merchants
" if there be such at or near the place within twenty-four hours of
" such desertion such master shall be guilty of a misdemeanor and
" the said functionaries are hereby authorized and required and the " saiel merchants are authorized to examine into the grounds of such
" proposed discharge or into the plea or pretence of sue'h unfitness
" inability desertion, or disappearance as aforesaid in a summary " way upon oath (which oath they are; hereby respectively authorized
" to administer) and to grant or refuse such sanction or certificate

according

" according to the circumstances and as it shall appear to them to be
" j u s t " — A n d so much of the said recited A c t as enacts " T h a t i f
" the master of any ship belonging to any of Her Majesty's subjects

" or the mate or other officer of such ship shall wrongfully force
" on shore and leave behind or shall otherwise wilfully and " wrongfully leave behind on shore or at sea in or out of Her " Majesty's Dominions any person belonging to his ship or crew

" before the completion of the voyage for which such person was " engaged or the return of the ship to the United Kingdom such
" master mate or other officer shall be guilty of a misdemeanor and
" every misdemeanor mentioned or created by this Ac t shall and may " be prosecuted by information at the suit of Her Majesty's Attorney

" General or by indictment or other legal proceeding in any Court " having criminal jurisdiction in H e r Majesty's Dominions at Home or " abroad and the offence may he laid and charged in the said information " indictment or other legal proceeding to have been committed in the " country or place where the offender shall happen to be who being " convicted thereof shall be liable to fine or imprisonment or both as " to the Court before whom he is tried shall seem meet and every " Court is hereby authorized to issue a commission or commissions " for the examination of any witness or witnesses who may be absent " or out of the jurisdiction of the Court and at the trial the depositions

" taken under such commission or commissions if such witness or
" witnesses shall be then absent shall bo received in evidence"—And

so much of the said Ac t as enacts " That if any master shall contrary " to the provisions of this A c t discharge abandon or leave behind any

" seaman or other person belonging to the ship or crew with or

" without his consent it shall be incumbent on such master in any
" information indictment or other proceeding against him to produce

" or prove such sanction or respective certificate as aforesaid or prove " the impracticability of obtaining such certificate"—And so much of the said recited A c t as enacts " That every such master who shall
" leave any seaman or other person as aforesaid on shore at any " such Colony or Plantation or place abroad under a certificate of his " not being in a condition to proceed on the voyage shall deliver to
" one of the said functionaries or if there be none such to any two " respectable merchants there or if there be but one then to such one " merchant a just and true account of the wages due to such person
" and pay the same either in money or by a bill drawn upon the owner

" and if by bill then such functionaries or merchants are respectively
" authorized and required by indorsement on such bill to certify that
" the same is drawn for money due on account of seamen's wages or
" to that effect A n d any master who shall refuse or neglect to deliver " a just and true account of such wages or to pay the amount thereof " in money or by bill as aforesaid shall for every such offence or

" default forfeit and pay the sum of ten pounds and every master

" who shall deliver a false account of such wages shall for every such
" offence forfeit and pay the sum of twenty pounds " — A n d so much

of the said recited Ac t as enacts " That nothing in this Ac t or in any
" agreement contained shall prevent any seaman or person belonging " to any ship or vessel whatever from entering or being received into
" the Naval Service of Her Majesty nor shall any such entry be deemed " a desertion from the ship or vessel nor shall such seaman or other
" person thereby incur any penalty or forfeiture whatever cither of

" wages clothes or effects or other matter or thing A n d no master or

" owner shall insert or introduce or permit to be inserted or introduced " into any articles or agreement any clause engagement or stipulation " whereby any seaman or other person shall or may incur any forfeiture " or be exposed to loss in case he shall enter into H e r Majesty's Naval

" Service

" Service and if inserted t he clause engagement or s t ipula t ion shal l " b e void and the offender shall t he reby incur a pena l ty of t w e n t y " p o u n d s " — A n d so much of the said recited Ac t as enac t s " Tha t " w h e n any seaman shall qu i t any such ship or vessel as aforesaid in " order to en te r in to H e r Majes ty ' s Nava l Service and shall t he reupon " be ac tual ly received in to such service not hav ing previously com- " m i t t e d any act a m o u n t i n g to and t rea ted by t h e mas te r as desert ion " he shall be ent i t led immedia te ly upon such ent ry to have his " regis ter t icket and all his clothes and effects on board such ship " or vessel delivered to h im and to receive from the mas te r the pro- " por t iona te a m o u n t of his wages u p to t he period of such en t ry to be " paid e i ther in money or by a bill on the owner all which regis ter " t icket clothes effects money or bill such mas te r is hereby required " to deliver and pay to h im accordingly under a penal ty of t w e n t y " pounds for any refusal or neglect to be recovered wi th full costs " of suit by such seaman b u t in case the master shall have no means " of ascer ta in ing the balance he shall m a k e out and deliver to such " seaman a certificate of t he period of his service and the r a t e of wages " he is ent i t led to producing a t t he same t ime to t h e c o m m a n d i n g or " other officer of H e r Majesty 's vessel the agreement w i th t he seaman " and every such mas te r upon the delivery of such regis ter t icket " clothes and effects and t h e se t t lement of such wages in manne r " here in men t ioned shall receive from the officer in command of the " vessel in to which the seaman shall have entered a certificate of such " en t ry indorsed on t h e agreement and signed by the said officer which " such officer is hereby requi red to g i v e " — A n d so m u c h of the said reci ted Ac t as enacts " Tha t if any person shall be discharged or wilfully " and wrongfully left behind or abandoned at any place beyond seas in or " out of H e r Majesty 's Dominions by any mas te r m a t e or other officer " con t ra ry to t he provisions of this Ac t and shall become distressed and " be relieved under the provisions of an Act passed in the eleventh year " of t he re ign of H i s late Majesty K i n g George t h e f o u r t h for amend- " ing and consolidating t he laws re la t ing to t h e pay of t h e Royal " N a v y or any Ac t hereafter to be passed for t h a t purpose or if any " person shall as pr inc ipal or agent engage any subject of H e r Majesty " to serve in any vessel belonging to any foreign power or to the subject " of any foreign s ta te and such last ment ioned person shall become " distressed and be relieved as aforesaid t h e n in addi t ion to the " wages due from such mas te r or owner or person m a k i n g such engage- " m e n t and the penal t ies to which such mas te r m a y be liable H e r

" Majesty shal l be ent i t led to sue such mas te r or the owner of the ship

" or any person who shall have made such engagement as aforesaid

" a t the discret ion of the Commissioners for execut ing the office of " Lord H i g h A d m i r a l of the Uni ted K i n g d o m for all t h e charges and " expenses which shall have been incurred in or for t he subsistence " necessary c lo th ing and conveyance home or bur ia l (should he die " abroad or before reach ing home) of any such seaman or person " relieved as aforesaid as money paid to the use of such master or " owner or o ther person who shall have made such engagement as " aforesaid and recover t he same toge the r wi th full costs of t he sui t " in the same maimer as other debts due to H e r Majesty are recover- " able and in any proceeding for t h a t purpose proof of the account " furnished to the said Commissioners by any such functionaries or " by such two merchan t s or one merchan t according to the case as " provided by the said Act of t he e leventh year of K i n g George t he " F o u r t h shall toge ther with the proof of paymen t by the said " Commissioners or by t h e P a y m a s t e r Genera l of t he charges incurred " ON account of any such person be sufficient evidence t h a t such " person was rel ieved and conveyed home or bur ied at H e r Majesty 's

" expense

" expense and the Cour t in which any proceeding for t he recovery " of t he said money shall be ins t i tu ted is hereby author ized to " issue a commission or commissions for t h e examina t ion of witnesses " and the deposit ions t aken u n d e r such commission or commissions " shal l be used as evidence " — A n d so m u c h of t he said reci ted A c t as enacts " Tha t if any ship be longing to a subject of H e r Majesty " (except packe ts for passengers in t h e course of the i r voyage) shall " ar r ive at any foreign por t where t he r e shal l be a Br i t i sh Consul " or Vice Consul at any por t in a Br i t i sh Colony and remain thereat " for forty-eight hour s t h e mas te r shal l w i th in forty-eight hou r s of " t he ship ' s ar r ival deliver or cause to be delivered to such Consul " or Vice Consul a t such foreign por t or to t h e Collector or Comp- " t rol ler of t he Cus toms at such por t of a Br i t i sh Colony t h e " agreement or agreements before m e n t i o n e d toge the r wi th a n account " a t t he foot of such agreement of all apprent ices o n board se t t ing " for th the i r Chr is t ian and su rnames a t full l eng th t he dates of " t h e reg i s t ry of the i r inden tu res and ass ignments respectively and " t h e por t s at which and t h e t i m e when they were registered and also " all i nden tu res and ass ignments of apprent iceships and t h e regis ter " t icke ts of all the crew who shall be subjects of H e r Majesty t he " whole to be kep t by such Consul or Vice Consul Collector o r " Comptrol ler as t he case m a y be du r ing the ship 's s tay in such por t " and (except ing t h e regis ter t i cke ts of deserters which are to be " t r a n s m i t t e d by such funct ionaries to the Regis t rar of Seamen) to be " r e t u r n e d to t h e mas te r a reasonable time before his depa r tu re wi th " a certificate indorsed on such agreements respectively s t a t ing w h e n " t he same were respectively delivered and r e tu rned wi thou t any fee " or charge be ing made for t h e same a n d in case it shal l appear t h a t " t h e required n u m b e r of apprent ices are not on board or t h a t t h e " requi red forms of exis t ing laws have been in any respect neglected " or t ransgressed such Consul or Vice Consul Collector or Comptrol ler " shall m a k e an indorsement to tha t effect on such agreement a n d " for thwi th t r ansmi t a copy of such indorsement wi th the fullest " informat ion he can collect r egard ing such neglect or t ransgress ion " to t he said Reg i s t r a r and if any mas te r shall neglect to deliver any " agreement inden tu re ass ignment or regis ter t icket or such account " as aforesaid he shall for every such neglect or default forfeit and " p a y t h e s u m of twen ty pounds or if any mas te r shall deliver any " false or incorrect account he shal l for every such offence forfeit a n d " pay the sum of t h i r t y p o u n d s " — A n d so m u c h of t he said reci ted

Ac t as enacts " Tha t no seaman shal l be shipped a t any such foreign

" por t by any such mas te r except wi th the sanct ion of such Consul or

" Vice Consul to be indorsed or certified on t h e agreement unde r a " pena l ty of twen ty pounds to be forfeited by the mas te r for " every seaman so s h i p p e d " — A n d so m u c h of t he said reci ted A c t as enacts " Tha t t h e m a s t e r of every ship be longing to any subject " of H e r Majesty shall and he is hereby required to produce and " show the log book mus te r roll of t h e ship and the ag reement " or agreements wi th h i s crew the i r regis ter t ickets and t h e inden tures " of his apprent ices and t h e ass ignments thereof and a l ist of all t he " passengers and persons on board to t he Capta in Commander or " o ther Commissioned Officer of any of H e r Majes ty ' s ships or vessels " r equ i r ing t h e product ion and s ight thereof and t h a t it shall be lawful " for any such officer in Her Majesty 's Nava l Service to mus te r t he " crew ( including apprent ices) of any ship be longing to any such " subject in order to be satisfied tha t t h e provisions of th is Act and " every other Act by which the crews of such ships as aforesaid are " regu la ted and the laws re la t ing to naviga t ion have been duly kep t " and complied wi th and if any mas te r shall upon being required so to

" do

" do by any such officer neglect or refuse to p roduce such log book " mus te r rol l or agreement regis ter t ickets i nden tu re s and ass ignments " and lists of passengers and persons or any of t h e m or shall obstruct " any officer in the execut ion of his du ty in m u s t e r i n g the said crew " or shall p roduce any false log mus te r roll or list ho shall for every " such offence forfeit and pay the sum of twen ty p o u n d s " — A n d so much of t h e said reci ted Act as enacts " That for t he bet ter car ry ing " into effect t he purposes of this Act i t shall be lawful for H e r Majesty 's " Consuls and Vice Consuls in foreign por ts and for t he said Reg is t ra r " and his ass is tant and also for the respective Chief Officers of the " Cus toms at t he several por ts of t h e Un i t ed Kingdom and of t he Bri t ish " Possessions abroad to demand from the mas te r of every ship belong- " to a subject of Her Majesty t h e product ion of t he Log book m u s t e r " roll of t h e ship and such agreements register t ickets inden tu res and " ass ignments as aforesaid and a list of passengers and persons on " board and to mus te r the crew ( including apprent ices) of such ship " a n d to summon the master to appear before them and give any " explana t ion they may respectively requi re regard ing the said crew " ship or documents for the purpose of ascer ta in ing whe the r t he pro- " visions of th i s Act and every other Act by which the crews of such " ships as aforesaid are regulated and the laws re la t ing to navigat ion have " been kep t and complied wi th and to t ake copies of all or any of such " documents and if any such mas te r on such demand being made " shall refuse to produce such log book m u s t e r rol l agreements register " t icke ts inden tures and ass ignments and list of passengers and persons " or refuse to allow copies to be t aken or shall refuse to permit his " crew to be so mus te red or shall refuse to appear and give such " explana t ion as aforesaid or shall wilfully deceive or mislead the person " before w h o m he shall so appear he shall for every such neglect " refusal or offence forfeit and pay t h e s u m of twen ty pounds " — A n d so much of t h e said recited Ac t as enacts " Tha t it shall and may be " lawful for any Consul or Vice Consul of Her Majesty and for any " Collector or Comptrol ler of t he Cus toms upon complaint made by " any th ree or more of the crew to survey and examine or cause to be " surveyed and examined the provisions water and medicines p u t or " supplied on board any ship for the use and consumpt ion of t he crew " and if on such survey and examina t ion it shall be found tha t such

provisions water or medicines arc of a bad qual i ty or unfit for use or " not appropr ia te or t he r e shall no t appear to be a sufficient quan t i ty

" thereof the surveying officer shall signify the same in wr i t i ng to t he

" mas te r of t he ship and if such mas te r shall no t the reupon provide

" o ther fit and proper provisions water or medicines in l ieu of any " which may signified by the said surveying officer to be of a bad " qual i ty or unfi t for use or not appropr ia te or if any such mas te r shall " not the reupon p rocure t he requis i te quan t i ty of provisions water and " medicines or shall use any provisions water or medicines which " shall have been signified by the surveying officer to be of a bad " qua l i ty or unfit for use or no t appropr ia te he shall in each and " every of such cases be gui l ty of a m i s d e m e a n o r " — A n d so m u c h of t he said recited A c t as enacts " Tha t all offences agains t t h e pro- " per ty or person of any subject of H e r Majesty or any foreigner " which shall be commit ted in or at any por t or place e i ther ashore; or " afloat out of t h e Dominions of H e r Majesty by the mas te r and crew " ( including apprentices) or any or e i ther of t h e m belonging to any " ship subject t o any of the provisions of th i s Act or who wi th in three " mon ths before t he commit ta l of the offence shall have been the " mas te r thereof or shall have formed par t of any such crew shall be ' ' a n d they are hereby declared to he offences of the same n a t u r e " respectively a n d to be liable to t he same p u n i s h m e n t s respectively as

" if

" if t h e y had been commi t t ed on t h e h igh seas and other places wi th in " the jur i sd ic t ion of t he A d m i r a l t y of E n g l a n d and shal l be inqui red " of bea rd tr ied and de te rmined and adjudged in t h e same m a n n e r as " if such offence had been commit ted wi th in such jur isdic t ion and " w h e n any t r ia l for such offences or for any misdemeanor against " t h e provisions of th i s A c t shall t ake place before any Jus t i ces or " J u d g e s of Oyer and Terminer and Gaol Del ivery it shall be lawful for " t he Cour t to order and direct the paymen t of t he costs and expenses " of the prosecut ion as in t h e case of costs and expenses of prosecut ions " for offences commit ted wi th in t he jur isd ic t ion of t h e A d m i r a l t y of

" E n g l a n d " — A n d so m u c h of t h e said reci ted Ac t a s enacts " T h a t

" whenever any complaint shall be m a d e to any of H e r Majesty 's Con- " suls or Vice Consuls of any such offence or of any offence having been " commit ted at sea by t h e mas te r and crew ( including apprent ices) or " any or e i ther of t h e m be longing to any ship subject to any of the pro- " visions of th is Act it shall be lawful for any such Consul or Vice ' ' Consul to inqui re in to t he case u p o n oa th and at his discretion to cause " any offender t o be placed under all necessary res t ra in t so far as it " may be in his power so t h a t he m a y be sent and conveyed i n safe c u s - " tody to E n g l a n d as soon as prac t icable in any vessel of H e r Majesty " or of any of H e r subjects to be t he r e proceeded agains t according to " law and t h e costs and c h a r g e s of impr i son ing any such offender " and of conveying h i m and t h e w i t n e s s e s to E n g l a n d if no t conveyed " in t h e ship to which t h e y respectively belong shall be considered and " deemed as pa r t of t he costs of t he prosecut ion or be paid a s costs " incurred on account of seafaring subjects of t he Un i t ed K i n g d o m " left in distress in foreign p a r t s and all depositions t aken before any " Consul or Vice Consul abroad and certified unde r his official seal to " b e t h e deposit ions and t h a t they were t a k e n in t h e presence of t h e

" p a r t y accused shall b e admit ted in evidence in a l l Cour ts hav ing

" c r imina l jur i sd ic t ion and o t h e r w i s e in l ike m a n n e r as depositions

" t a k e n be fo re any Jus t i ce of t h e Peace in E n g l a n d NOW are or m a y " be and the regis ter t icket of every offender shall be delivered u p to " H e r Majesty 's Consul or Vice Consul as the case may be a n d be " t r ansmi t t ed by h i m to t he Regis t ra r of Seamen " — A n d so m u c h of t h e said recited Act as enacts " Tha t it shall be l awfu l for any Consul " or Vice Consul to order a passage to E n g l a n d for any such offender or " offenders unde r necessary res t ra in t and also for t h e wi tnes ses and

" t h e mas te r or o ther person hav ing t h e charge of any ship or vessel

" be longing to any subject " and h e is hereby requ i red to receive and afford a passage and of H e r Majesty bound to E n g l a n d shal l
" subsistence du r ing t h e voyage to any such offender or offenders and

" w i t n e s s e s not exceeding t h e r a t e of one offender or two witnesses for " every one hundred tons of his ship 's bu rden and on his ship 's a r r iva l " in E n g l a n d the mas te r of any vessel be longing to a subject of H e r " Majesty shall t ake or cause to be t aken t h e offender or offenders " before a Ju s t i ce of t he Peace who shall deal wi th the m a t t e r a s in cases " of offences commit ted upon the h igh seas and in ease t he mas te r or " o ther person hav ing t h e c h a r g e of any ship or vessel be longing to any " subject of H e r Majesty w h e n required by the Consul or Vice Consul " t o r e c e i v e and afford a passage t o any offender or w i t n e s s shall not " receive and afford such passage or shall no t t ake or cause to be " t aken the offender or offenders before a Ju s t i ce of t he Peace a s afore- " said every such mas te r shall be liable to a penal ty of fifty pounds " and the seaman if acqui t ted shall r e c e i v e his regis ter t icket again

" u p o n due appl icat ion to the Regis t rar of Seamen . "

34. A n d be it enacted Tha t a l l penal t ies and forfeitures imposed

b y th is Ac t and for t h e recovery whereof n o specific mode i s h e r e i n ­

before provided shal l and may be recovered w i t h costs e i t h e r in H e r

Majesty 's

Majesty 's Supreme Cour t of the Colony of New South Wales at t he suit of H e r Majesty 's At to rney General or at the suit of any person by informat ion and s u m m a r y proceeding before any Jus t i ce or Jus t i ces of t h e Peace where or near to t he place where t he offence shall he commi t t ed or t h e offender shall be and if proceedings for the recovery of a n y forfeiture or penal ty imposed by th is Act or for t he recovery of any debt due to Her Majesty be commenced in any of H e r Majesty 's Cour t s t he Cour t in which such proceedings shall be inst i tuted is hereby author ized to issue a commission or commissions in or out of H e r Majesty 's Dominions for t he examinat ion of witnesses and the deposit ions t a k e n the reunder shall be used and admi t t ed in evidence and in case of a s u m m a r y conviction under this Act and the sum imposed as a pena l ty by such Jus t i ce or Jus t i ces shall not be paid e i ther immedia te ly after t he convict ion or wi th in such period as such Jus t i ce or Jus t ices shall at the t ime of t he conviction appoint i t shall be lawful for t he convict ing Jus t i ce or Jus t i ces to commit t h e offender to the common gaol or house of correction the re to he imprisoned only or to be imprisoned and kep t to hard labor according to the discret ion of the said Jus t i ce or Jus t i ces for any t e r m not exceeding six calendar mon ths t he commi tmen t to be de terminable upon paymen t of the amoun t and costs and all penal t ies and forfeitures ment ioned in th i s Ac t for which no specific applica­ t ion is hereinbefore provided shall when recovered be paid and applied in m a n n e r following ( tha t is to say) so much thereof as t he Cour t or t he convict ing Jus t i ce or Jus t i ces shall de te rmine but not exceeding one moiety shall be paid to t he informer or person upon whose discovery or information the same shall be recovered and the residue shall be paid to H e r Majesty H e r He i r s and Successors for the publ ic uses of th i s Ter r i tory and in suppor t of t h e Gove rnmen t thereof and shall be applied the re to in such manne r as m a y from t ime to t ime be directed by any Ac t of t h e said Governor a n d Legislat ive Council Provided always t ha t it shall he lawful for t h e Cour t before which or t h e Jus t i ce or Jus t i ces before w h o m any proceedings shall be ins t i tu ted for t h e recovery of any pecunia ry pena l ty imposed by th is Ac t to mi t iga te or reduce such pena l ty as to such Cour t or Jus t i ces respectively shall appear j u s t and reasonable b u t no such pena l ty shall be reduced to less t h a n one-third of i ts or iginal a m o u n t and it shall be lawful in t he discretion of t he said Cour t or of t h e said J u s t i c e or Jus t i ces hea r ing the complaint to

order such costs against the informing or compla in ing pa r ty failing

to prove t h e charge as the said Court or Jus t i ce or Jus t i ces may deem fit a n d such costs shall be recoverable in the same m a n n e r as

penal t ies u n d e r th i s Act and be paid as such Court or Justice or Justuses shall direct Provided also tha t all proceedings so to he ins t i tu ted shall be commenced wi th in two years nex t after the commission of the offence if the 1 same shall have been commit ted at or beyond the Cape of Good Hope; or Cape H o r n or wi th in one year if commit ted elsewhere or wi th in two calendar m o n t h s after t he r e t u r n of the; offender and the compla in ing pa r ty to t he Colony of New

South	Wales .
35 . A n d to avoid doubts in t he const ruct ions of th i s Ac t be it

enacted Tha t every person hav ing the; charge or command of any ship belonging to any subject of Her Majesty and registered in t h e Colony of New South Wales shall wi th in the mean ing and for t h e purposes of th is Act be deemed and t aken to be t he mas te r of such ship and tha t every person (apprent ices excepted) who shal l be employed or engaged to serve in any capacity on board t h e same shall be deemed and t a k e n to be a seaman wi th in the

m e a n i n g and for t he purposes of th is Act and tha t t he t e r m

2 K — V O L . 3. " ship "

" s h i p " shall he t a k e n and unders tood to comprehend every description of vessel nav iga t ing on any sea or channel or waters outside t h e m o u t h s of r ivers and also every vessel pass ing beyond t h e precincts of a por t and tha t t h e t e r m " owner" shall be t aken and unders tood to comprehend all t h e several persons if more t h a n one to whom t h e ship shall belong and tha t wheresoever t h e t e r m " Governor" is used for t he purposes of th i s Ac t it shall be deemed and t aken to be the Governor or Officer admin is te r ing t h e Governmen t for t h e t ime being of t h e said Colony.

36. A n d be i t enacted Tha t if any person being a Malay or a

Lascar or a na t ive of t he ter r i tor ies u n d e r t he government of t h e East I n d i a Company or if any Asiat ic or Afr ican seaman or any seaman be ing a na t ive of any is land in t he Pacific Ocean hav ing been brought to t he said Colony of New South W a l e s on board any ship shal l be found or be in t h e said Colony in distress or in wan t of food c lothing or o ther necessaries i t shall and m a y be lawful for t he Governor a t his discretion to supply necessary and reasonable relief to every such person or seaman and to m a i n t a i n h i m un t i l he shall have been sent on board some ship for t h e purpose of being conveyed to or near to the por t from which he was shipped a n d also to pay defray and advance t h e money necessary to p rocure every such seaman or o ther person a proper and sufficient passage to such por t and all such sum or sums of money as shall be paid and advanced by or by order of the Governor for or on account of such ma in tenance relief and passage shall be a n d become a debt to H e r Majesty and shall be recoverable as such with full costs of suit in t h e Supreme Cour t or any other Cour t of Record in t h e Colony from t h e owner or mas te r or e i ther of t h e m of t he ship on board whereof such person or seaman shal l have been b rough t from Asia or Africa or o ther is land or place as aforesaid.

37. A n d be it enacted Tha t th i s Ac t may be amended or

repealed by any Act to be passed d u r i n g t h e present Session of t h e

Legislat ive Council of N e w South Wales .

S C H E D U L E S TO W H I C H T H I S A C T R E F E R S .

S C H E D U L E (A.)

A N Agreement made pursuant to the directions of an Act of the Legislative Council of New

South Wales passed in the year of the reign of Her Majesty Queen Victoria

between the master of the ship of the Port of

and of the burden of	tons and the several persons whose names are subscribed
hereto.

I T is agreed by and on the part of the said persons and they severally hereby engage
to serve on board the said ship in the several capacities against their respective names expressed on a voyage from the Port of to [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

the said crew further 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 stations 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 in boats or on shore [ 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] in consideration of which services to be duly honestly carefully and faith­ fully performed the said master doth hereby promise and agree to pay to the said crew by way of compensation or wages the amount against their names respectively expressed 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

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 to he not competent he shall be sub­ ject 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 against their respective signatures mentioned.	's
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SCHEDULE (B.)

Ship's Articles.

AN Agreement made and entered into pursuant to the provisions of an Act of the Governor and Legislative Council of New South Wales passed in the thirteenth year of the reign of

Her Majesty Queen Victoria intituled "An Act to amend and consolidate the Laws relating

" to Seamen in the Merchant Service of the Colony of New South Wales ami for keeping a

" Register of Seamen belonging to ships registered in the said Colony" between

the master of the ship registered in Sydney in the Colony of

New South Wales of the burthen of	tons and the several officers seamen and
other persons whose names are subscribed hereto.
W H E R E A S the ship	is now riding at anchor in the Harbour of

in the Colony aforesaid and is bound to proceed on a voyage to

agreed to enter on board the said vessel and to prosecute the said intended voyage upon the	and back to Sydney And whereas the several persons parties hereto of the second part have
terms and conditions hereinafter expressed Now these presents witness and it is hereby mutually engaged stipulated promised and agreed between and by the several parties hereto as follows—
That the officers seamen and others whose names are hereto subscribed shall severally serve on board the said ship in the several capacities against their respective names expressed and shall proceed in the said vessel on the said voyage for the purpose of obtaining sperm oil head matter black oil ambergris whalebone sandal wood beehe-le-mer seals or such other animals or substances as the master of the said vessel shall in his discretion deem most advisable for the general good and in the prosecution of the said voyage shall at all times perform their duty as seamen and shall severally and collectively as they may be directed by the said master or by their superior officers exert themselves to the utmost of their power in procuring a full cargo with the greatest expedition and in bringing the ship back to the Port of Sydney.
That the said officers seamen and others shall at all times during the said voyage conduct themselves in an orderly faithful honest careful and sober manner and shall be at all times diligent in their respective duties and stations and shall obey abide by and execute all the lawful commands of the master or commanding officer of the said ship for the time being in everything relating to the said ship and the materials stores and cargo thereof as well for the effectual government of the said ship as for the suppression of vice and immo­ rality on board and shall not refuse or neglect to do their duty by day or night nor go out

of

of nor quit the said ship on any account or pretence whatever without the consent and per­ mission of the said master or commanding officer in writing expressing the time for which such permission is granted until the said voyage shall be fully completed and ended but shall on all occasions and in all ports and places at which the said ship may call or touch and as well in the boats or on the shore as on board the said ship conduct themselves as good and faithful seamen and mariners and shall stand by the said ship in all perils and dangers using their best endeavours for the preservation of the ship her boats tackle apparel provisions stores and cargo until she shall have completed her said voyage and arrived at the Port of Sydney and her cargo there be wholly discharged.

That in consideration of such services to be duly honestly carefully and faithfully performed the said master for himself and the owner or owners of the said vessel doth by these presents promise and agree that the said officers seamen and others upon the arrival of the said ship in the Port of Sydney after the full completion of the said voyage and the due delivery of the said cargo shall respectively be entitled to and shall receive in full satisfaction of all claim for wages and other payments or allowances such proportional lays or shares of the said cargo as are or shall be against his or their names respectively expressed in this agreement.

That the owners of the said ship shall have the option and be entitled upon due delivery of the said cargo to purchase from the officers seamen or persons parties hereto of the second part all and siugular their respective lays or shares of and in all the sperm oil head matter black oil whalebone sandal wood beche-le-mer and ambergris which the said ship during the continuance of the present voyage may take tranship for land or bring into the Port of Sydney or any other port or place as may be agreed on by these presents at and after the following rates that is to say—the sum of £ sterling per

imperial tun for sperm oil and head matter the sum of £	sterling per imperial
tun for black oil the sum of £.	sterling per tou weight of two thousand two
hundred and forty pounds for whalebone the sum of £	sterling per ton weight

of two thousand two hundred and forty pounds for sandal wood the sum of £

sterling for two thousand two hundred and forty pounds or one ton weight of beehe-le-mer

and the sum of £ sterling per ounce for ambergris.

That inasmuch as no money is due to the officers or crew of the said ship until after their return and the actual receipt by the owners of their respective lays or shares of the said cargo interest at the rate of six per cent shall be charged on all sums that may have been advanced to the said officers seamen and others respectively or paid in monthly money or otherwise on their account.

That no party to these presents shall be entitled to more than his professional share of such part of the cargo as may be obtained during the time he shall be personally acting and serving in his proper capacity.

That if any officer seaman or other person whoso signature shall be affixed to this agreement shall hereby engage to perforin a duty for which he shall prove to be unqualified or otherwise not competent a deduction from such person's lay or share of the said cargo shall be made of such amount as may be judged proper by the commander and one or more of his officers or otherwise the commander of the said ship for the time being shall have power to appoint some other individual in his stead and any additional share or remuneration that may be paid to such individual so appointed shall be deducted from the share of the party so found incompetent provided the circumstances attending such deduction or disrating be by them duly entered in the ship's log book at the time of the occurrence and signed by them.

That whatsoever stores or other articles the said officers seamen or other persons any bo damaged or lost through their carelessness or neglect it shall be made good to the master	or either of them may receive into their charge shall be accounted for from time to time and at the end of the voyage and in case any such stores or other articles or any part thereof
and owners by such officer and seamen by whose fault or neglect such loss may happen and should any of the stores or cargo that may be received on board the said ship or boats belonging thereto be embezzled plundered damaged lost or destroyed the same shall be made good to the master and owners by the party by whose fault or neglect such loss may happen as provided in the (18th) eighteenth clause of the hereinbefore recited Act.
And it is hereby expressly stipulated and agreed that the master officers seamen and others parties to these presents shall not for their own individual use or emolument give sell barter exchange or secrete any part of the oil or other article or merchandise or other substance whatever which may be taken or found during the continuance of the present voyage.
In witness whereof the said parties have hereunto subscribed their names on the days and dates set opposite or against their respective signatures hereunder written.

S C H E D U L E ( C . )

S C H E D U L E ( C . )

S h i p of the Port of of the Burden of

Tons whereof was Master.

A L I S T of the Crew (including the Muster and Apprentices) at the period of quitting the Port of in New South Wales from which she took her first departure

on her voyage to on the day of and of

the men who joined the ship subsequent to such departure and until her return to the Port of being her first final port of destination in New South Wales

on the day of 1 8

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Note.—If a n y o n e of t h e C r e w h a s e n t e r e d H e r M a j e s t y ' s S e r v i c e t h e n a m e of t h e Q u e e n ' s s h i p in

w h i c h l ie e n t e r e d m u s t h e s t a t e d in t h e a c c o u n t u n d e r t h e h e a d of " H o w d i s p o s e d of."

Note.-—This l i s t t o b e f i l led u p a n d s i g n e d b y t h e M a s t e r of e v e r y v e s s e l of w h a t e v e r t o n n a g e and t o

bo d e l i v e r e d b y h i m t o t h e officer a p p o i n t e d t o r e c e i v e t h e s a m e w i t h i n t w e n t y - f o u r h o u r s a f t e r

t h e	s h i p ' s	a r r i v a l	a t h e r	f ina l	p o r t	of d e s t i n a t i o n	i n N e w	S o u t h	W a l e s .
S C H E D U L E	(D.)

A N Account of the Voyages in which the Ship	of	of the burden
of	tons has been engaged in the half year commencing on the	day

of 1 8 and ending on the day of 18 and of

all the persons (Master and Apprentices included) who have belonged to such Ship during

that period.

ACCOUNT OF THE VOYAGES.

[Here the several Voyages and the Periods of such Voyages arc to be described.]

ACCOUNT OF THE CREW.	he
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Note.—If a n y o n e of t h e C r o w s h a l l h a v e e n t e r e d H e r M a j e s t y ' s S e r v i c e t h e n a m e of t h e Q u e e n ' s s h i p

in w h i c h h e e n t e r e d m u s t b e s t a t e d in t h i s a c c o u n t u n d e r t h e h e a d of " H o w d i s p o s e d of."

Note.—This a c c o u n t w h e n filled u p i s t o b e s i g n e d b y t h e O w n e r o r M a s t e r of e v e r y s h i p of w h a t e v e r

t o n n a g e a n d d e p o s i t e d w i t h t h e officer a p p o i n t e d t o r e c e i v e t h e s a m e in N e w S o u t h W a l e s w i t h i n

t w e n t y - o n e d a y s a f t e r t h e t h i r t i e t h of J u n e a n d t h e t h i r t y - f i r s t of D e c e m b e r i n e v e r y y e a r .

S C H E D U L E ( E . )

S C H E D U L E ( E . )

Certificate of Discharge.

I HEREBY certify that seaman

of the ship of is fully

discharged from my vessel with the consent of all parties.

Registered at this Office this Signed

day of and executed in the presence of Muster.

Ship

S C H E D U L E ( E . )

Form of Apprentice's Indenture.

THIS Indenture made the day of in the

year of the reign of Her Majesty Queen Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith and in the year of

our Lord one thousand eight hundred and	between	aged
years a native of	in the County of	of the one part and

o f in the County of of the other

part witnesseth That the said hath of his free will and by and with the consent of his parent or parents (A. 13. as the case may be or C. D. or E. F. two of Her Majesty's Justices of the Peace acting in and for the District of in which the said A. B. now resides) put and bound himself apprentice unto the said

with him his executors administrators and assigns after the manner of an apprentice to dwell remain and serve from the day of the date hereof for and during and until the full end and term of years from thence next ensuing fully to be completed and ended during all which term the said apprentice his said master shall well and faithfully serve his secrets keep his lawful commands everywhere do and execute hurt or damage to his said master he shall not do consent or see to be done by others but to the utmost of his power shall hinder the same and forthwith his master thereof warn taverns or alehouses he shall not frequent (unless about his said master's business) at dice cards tables bowls or any other unlawful games he shall not play the goods of his said master he shall not embezzle or waste or lend or give to any person or persons without his said master's license nor from the service of his said master without his consent at any time absent himself but as a true and faithful apprentice shall demean and behave himself towards his said master his executors administrators or assigns during the said term and true and just accounts of his said master's goods chattels and money committed to his charge or which shall come to his hands faithfully he shall give at all times when thereunto required by his said master his executors administrators or assigns and shall also render an account of and well and truly pay or cause to be paid unto his said master his executors administrators or assigns all such wages prize money and other sum or sums of money as shall become due and payable unto him from Her Majesty Her Heirs Successors or any other person in ease he shall be impressed enter or go into Her Majesty's Service during the said term In consideration

whereof the said doth hereby covenant and agree to and with the said

the apprentice that he the said his executors administrators

or assigns during the said term o f	years shall and will teach learn and inform
business of a mariner or seaman with the circumstances thereunto belonging and shall and	the said apprentice or cause him to be taught learned and informed in the art trade or
will find and provide for the said apprentice sufficient meat drink washing lodging medicine and medical and surgical aid and advice to pay unto the said apprentice the
sum of pounds of lawful money of Great Britain in manner following
(that is to say) the said finding and providing to and for himself all manner of sea bedding wearing apparel and other necessaries (except meat drink lodging washing medicine and medical and surgical aid and advice) And it is hereby agreed between the said parties that the said shall and may from time to time during the said term deduct and retain in his hands out of the several yearly payments above-mentioned all such sum or sums of money as he shall at any time during the said term disburse or lay out in the buying of any apparel or sea bedding for the said apprentice as need shall require And for the true performance of all and singular the covenants and agreements aforesaid each of them the said and doth hereby bind and oblige himself his heirs executors and administrators unto the other of them his executors and administrators firmly by these presents in the penal sum of pounds of lawful money of Great Britain.

In witness whereof the said parties to these presents have hereunto set their

hands and seals the day and year above written.

Signed sealed and delivered in the presence of us

No . X X I X .