Regulation of Seamen Act 1843 No 24a (NSW)

No. XXI.

R egut.atton of

S eamen.

An A ct to am end an A ct in titu led “ An Act for

“ the furfher and better regidation and govern­

' “ ment o f teamen leithin the Colony of New “ South Wales and its Dependencies and for “ estahlishing a Water Police" and fu rther to am end tlie Law re la ting to th e governm ent of Seam en in th e M erchant Service. [22nd December, 1843.]

PreamUo. T TT IIE R E A S an Act nas passed by tlie Governor of New South

f y Wales -with the advice of the Legislative Council in the fourth

4 Victoria No. 17. year of the reign of Her present Majesty intituled “ A)i Act fo r the

further and better regidation and government o f Seamen within the “ Colony o f New South Wales and its Dependencies and fo r estab- “ lishing a W ater Police” and whereas it is expedient to repeal certain parts of the said recited Act and to amend the said Act in

2 William IV. No. 10.	several particulars and further to amend an Act intituled “ An Act “ fo r the better regulation and government o f Seamen in the Merchant “ Service in the Colony o f New South Wales and, fo r the protection “ o f Masters and Ships from vexatious suits in the said Colony ” Be it therefore enacted hy Ills Excellency the Governor of New South M^ales with the advice and consent of the Legislative Council thereof That from and after the passing of this Act so much of the said first recited Act as provides that on the complaint of any merchant merchant’s clerk or other person on behalf of such master that any other ship or vessel proceeding to sea hath on board any seaman or mariner Avho hath deserted from or is any way indebted to the said master or to the owner of such first-mentioned ship or vessel it shall he lawful for any Superintendent of Water Police Justice of the Peace Officer of Customs or Constable to detain such seaman or mariner and lodge him in safe custody until he shall he dealt with hy law as in such case made and provided shall he and the same is hereby repealed except as hereinafter provided
Repeals in part 4
Victoria No. 17 s. 8.	and that from and after the passing of this Act no seaman shall he thus apprehended and detained upon complaint of any indifferent person on behalf of a master of a vessel hut that the power of originating such detainer shall he confined to the master or mate of
originating detainer
Limits the power of	the vessel or the owner part owner or his agent Provided however
to certain persons.	that no seaman shall he so detained beyond such reasonable time as may he necessary to bring him before a Justice of the Peace to he dealt with according to law.
not to extend to sea­

Power of detention 2. And he it enacted That the power of detaining anj" seaman

men indebted to pre­	or mariner and lodging him in safe custody' as aforesaid shall not
vious owner.	extend to the cases of such seamen and mariners who may or shall he indebted to the master o^vner or agent of such ship to Avhich the seaman or mariner previouslv belonged.

' 3.

1848. 7" VIC. No. 21. 1433

Regulation o f Seamen.

3. And l)c it enacted That from and after the passing' of this Repeals in part 4

Act so much of the lirst recited Act as imposes a punishment not winlam'iv

exceeding three months’ imprisonment with or without hard labor No. 10 s. r,.‘

‘

upon seamen for insuhordination or refusal to work or inciting or attempting to incite any other person or persons engaged on hoard any ship or vessel to the commission of such offences whilst any such ship shall he in any port or harhonr of this Colony and tliat so much of the last recited Act ,as provides that in case any seaman or mariner whilst in any port or harhour within this Colony shall unlawfully refuse or neglect to work on hoard his ship or vessel for which lie con­ tracted himself shall upon lieing duly convicted thereof he committed to the common gaol or house of correction there to he kept to hard lalior for any numher of days not exceeding seven as to such .lustice or Justices shall seem meet shall he and the same is and are heri'hy repealed so far as regards any seaman or mariner helonging to any ship or vessel registered in any part of the United Kingdom of Croat Britain and Ireland or to any ship or vessel entitled to the privileges of a British registered ship except such as may he registered in the Colony of New South Wales hut that in respect to vessels registered in the said Colony the last mentioned provision shall remain in full force and effect.

I. And he it enacted That so much of the first recited Act as Repe.Us in pmt 4 ̂

authorizes the Superintendent of Water Police or any parties on

plaint on oath that any runaway seaman is harhoured or concealed in

any ship or place to issue a warrant directing such ship or place to lx; Aiiprchpiidins ' war-

i I 1 iT ! 1 IT T T i l l r«u it u l to l)C

soarclied and that such seaman or any other seaman 'who shall 1)0 restrictea t.. suanwn found concealed there and also the master or pcrsoii in charge of tlie ""''A iogii tiierein 1 ,1 . L* ̂ j_ 1 1 1 1 • i l l and to tlio liousu or

and detained there until hrought hefore the J ustice shall he and is specified,

herehy repealed and that from and after the passing of this Act the

power of search under any warrant of a Justice of the Peace for New

vessel or the occupier ot the house to be lodged in the ■watch-house vussei tiuaoin also mentioned in the complaint upon oath made hy the master owner or agent of the ship from which in such complaint it shall he alleged the seaman named in the information or complaint has deserted and in which complaint or infoiination also the house or vessel as the case may he it shall he specified that such seaman is liarhourcd or con­ cealed.

5. And he it enacted That so much of the said first recited Act ofiice of snpcrin

as relates to the office powers and duties of Superintendent of 'Water

ab!,ulĥ

Police shall he and the same is herehy repealed and that from and after the passing of this Act all the powers and duties vested hy the said first recited Act in any Superintendent of Water Police shall h(' and the same arc herehy vested in any Police Magistrate or any of Her Majesty’s Justice of the Peace for the City of Sydney or for any town where such office of Superintendent of lUater Police shall he now extant.

G. And he it enacted That so much of the said first recited Act I’enaities lodnced.

as relates to the minimum amount of all penalties therein or therehy provided shall he and the same is herehy repealed and that the maxi- nium of the penalty provided in and hy the eighteenth section of the said Act shall lie and the same is herehy reduced to a sum not exceeding twenty-five pounds.

7. And he it enacted That so much of the said first recited Act

as provides that if a master of any ship or vessel within any such port	‘
or liarhour as is therein mentioned shall know or receive information that any person is concealed on hoard such ship or vessel and shall not immediately deliver such person into the charge of the Superin- ten dent ofM^atcr Police or of some .lustice of the Peace Officer of

I 11— VOL. 2 . Customs

1434 No. 21. 7" VIC. 1843.

Regulation o f Semnen.

Customs Water Policeman or Constable such master so offending shall he deemed guilty of a misdemeanor and on conviction thereof shall for­ feit and pay a penalty or sum not exceeding one hundred pounds shall he and the same is herehy repealed and that from and after the passing of this Act the said penalty or sum shall he recoverable from such masters only as knowingly and wilfully conceal or allow to he concealed any person or persons on board of the ship or vessel under their respective control or command.

Term of imprison­

ment reduoocl. 8. And he it enacted That the term of imprisonment mentioned in the thirteenth section of the said first recited Aet shall he reduced and limited to a period not in any case exceeding six calendar months and that the punisliment of hard labor authorized by the same section shall he and is herehy aholished.

Answering chal­ 9. And he it enacted That so much of the said first recited Act

lenge.

as provides that the master or other person having or being in charge of any ship or vessel within any such port or harbour as is tlierein mentioned shall at all times as well by day as hy night have at least one seaman or mariner in charge of the deck of such ship or vessel and if such master or other person or the seaman or mariner so in charge of the declc as aforesaid or if any person having the charge of or being

' on hoard any boat helonging to such ship or vessel or having the charge of or being on hoard any shore or other boat shall not answer to the clial- lenge of the Superintendent of Water Police for such port or harhour or any Justice of the Peace Oflicer of Customs WAter Policeman or Con­ stable such master or other person having or being in charge of such ship or vessel shall whether such offence shall have been committed hy liim or hy such seaman or mariner in charge of the deck of such ship or vessel as aforesaid or hy any person having the charge or being on hoard such ship’s boat as aforesaid on conviction thereof forfeit and jiay for every such offence a penalty or sum of not less than ten si fillings nor more than five pounds and every person having the charge or being on hoard any shore or other boat so offending as aforesaid shall for every such offence forfeit and pay a penalty or sum of not less tlian ten shillings nor more than five pounds shall he and the same is herehy repealed.

Power to detain	10. And he it enacted That so much of the said first recited
seamen found on

sliore at night	Act as authorizes the detention of and imposition of a fine upon any
aholished.	seaman or mariner of any ship or vessel when found in any street or place in any town or place on shore either after the hour of nine o’clock at night or hefore sunrise without a written or printed pass from the master or other person in charge of the ship or vessel to which he shall belong shall he and the same is herehy repealed.
Agreement.	11. And he it enacted That so much of the said first recited Act as provides that every person offending against the enactment contained in the twenty-fourth section thereof shall he deemed to have known of or had reason to believe the existence of such agree­ ment as is therein specified and the violation thereof hy any seaman or mariner unless it shall he made to appear to the satisfaction of the /
Superintendent of Water Police or party or parties hefore whom the matter complained of sliall he heard that notwithstanding ordinary precaution in that behalf the person charged with such offence shall have heen imposed upon by falsehood or fraud and have thereby unknowingly and unwillingly offended against this provison shall he and the same is herehy repealed.
Tonnage duty.	12. And he it enacted That from and after the passing of this Aet the duty of sixpence per ton which under the said recited Act the Collector of Customs or sitch other person as shall be duly appointed to demand or recover the same is therehy authorized to demand from the master of every registered ship or vessel entering any port or

harbour

1843. 7̂* VIC. No. 21. 1435

Hegnlation o f Scameu.

harbour within the Colony of Now South Wales or its Ucpcndoncies to which the said recited At,*t shall be or shall have been extended shall he reduced to the sum of three-pence for every ton of the rei^istered tonnage of such sliip or vessel provided that in addition to the exemption and regulations as to the payment of the said duty now contained in the said recited Act no ship or vessel engaged in the coasting trade or in the trade between New South Wales and Van Diemen’s Land or between New South Wales and any port or place in New Zealand shall be subject to the payment of such duty oftener than once a year and that vessels of all nations outfitting for or refit­ ting from the fisheries shall be and the same arc hereby wholly ('xempted from payment tlun-eof.

13. And be it enacted That so much of the said lirst r(,'cited imprison­

* . j i * • • i i i , « 1 1 i . i nu' .iii where nnes not

Act as autlionzcs imprisonment where penalties awarded under the paid,

same Act are not paid in pursuance of such award for any time not

more than six calendai* months shall be and the same is hereby

repealed and that from and after the passing of this Act the term of

imj)risonment in all cases of non-payment of any penalty or penalties

so awarded shall not exc(icd four calendar months.

11. And be it enacted That in case a seaman should at any Sc.umn lefusing to

time after having signed an agreement as prescribed by the Schedule A of the Act of Parliament passed in the lifth and sixth year of the reign of Ilis late Majesty King William the I ’ourth intituled » “ A ct to amend and consolidate the Laics relatinc) to the Merchant “ Seamen o f the TJnited Kingdom and fo r forming and maintaining a “ Itegister o f all the men engaged in that Service ” 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 her or shall absent himself therefrom without leave it shall be lawful for any Justice of the Peace residing near to the place where such ship shall happen to be upon complaint of tlic fact made on oath by the master mate or owner thereof and such .lustice is hcr(d)y required by his warrant to cause such seaman to be apprehended and brought before him and in case such s(xunan shall not give a reason to such .lustice for his neglect refusal or absence (as the case may be) upon due proof of such neglect refusal or absence it shall be lawful for any sueh Justice to commit such seaman to the house of correction there to be kept to hard labor for a period not exceeding thirty days Provided always that in case such seaman on being apprehended and brought before the said Justice shall consent to join the ship and proceed on the voyage for which he shall have agreed it shall be lawful for such Justice at the request of the master instead of committing such seaman to cause him to bo conveyed on board the said ship or to bo delivered to the master for the purpose; of proceeding on the voyage and also to award to such master such cost incurred in the apprehension of the seaman as to such Justice shall seem reasonable not in any case exceeding the sum of forty shillings which shall be chargeable against and may bo deducted from the wages duo or becoming due to such seaman.

15. And be it enacted That so much of the said recited Act as rower to grant

enacts that it shall be lawful for the Superintendent of Water Police or for any Police Magistrate to grant to any passenger seaman mariner or other person whose name shall not be contained in the list therein mentioned a special license to depart from the Colony shall be and the same is hereby repealed.

16. And be it enacted That the term seaman and mariner in 'ren n “ seaman.”

the said first recited Act contained shall not be deemed to apply to any person who shall be employed or engaged to serve in any capacity on board any ship or vessel for any period less than one month.

' 17.

143G No. 22. r VIC. 1843.

H ard Labor fo r Male Offenders.

Act of rariiiiment 17- Aiicl wlici'eas it is expedient to remove doubts as to whether Xcw Soutli IVales intituled An A ct to amend and consolidate the “ Laws relating to the Merchant Seamen o f the TJnited Kingdom and “ fo r forniing and maintaining a Itegister o f all the men engaged in “ that Service ” and passed in the fifth and sixth year of the reign of King AVilliam the Pourth Be it declared and enacted That the said recited Act of Parliament is and shall be in full force and operation in the said Colony.

LicliouL'larelto	^ ct of tlio Imperial Parliament he now in force in the Colony of
be in force.
Persons about to de­

part not to bc de­ 18. And be it enacted Tliat no person found on board any ship

tained if names are	or vessel after clearance of such ship or vessel at the Customs wliose
inserted in the Cus­
toms’ clearance	name shall not be inserted in the Water Police list of passengers and
althongli not in	crew shall be liable to be detained or placed in custody if tlie name
Water Police list.	of such person shall be in the Custom House clearance and notice thereof have been given to the principal executive officer of the Water Police for the time being.

IMastcrs declared not . 19. And be it enacted That no master or commander of any

if 01' vcsscl sliall bc liable to the penalty contaiiu'd in the ninth

be ill Customs' section of tlie said first recited Act for suffering any person to embark

clGaiJinco .. .. i i * i i • j. * t i t l

not in Water I ’olicc on board sucli slup or vcsscl wliosc name is not insertt'd m the Water

Police list of passengers and creiv pi’ovidcd the name of such person shall be in the Custom House clearance and notice thereof have been given to such principal executive officer as last aforesaid.