Seamen, deserting (1840) (WA)

W ESTERN AUSTRALIA.

ANN- QUART

V TUTOR REGI

An Act to provide more suitable. remedies in case of Seamen deserting from the Merchant Service in this Colony.

1XTEIEREAS much inconvenience has been felt in this Colony for

rreemmo. V want of power to put seamen on board of their ship, previous to

its proceeding to sea, who have deserted therefrom, whereby many such

persons have been left behind, to the injury of the Master or Owner or Owners of such ship, as well as to the detriment of the colony :--13e it therefore enacted by the Governor of Western Australia, and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that if any seaman, or mariner, who shall have arrived

imprisoned till thefrom toy shipto be have completed the voyage or term for which he contracted to serve,	Seamen clenching in any ship or vessel at any port within this colony, and who shall not
ship i5 read :" to pro- shall desert, or absent himself from any such ship or vessel, upon ap- eked to soli. plhiation uncle to any y f Alajesfy'l: Jusfices of the Peal' forthe

Ann° i trirto VitA No, 4,

said colony by the Master or Commander, or other person having charge of such ship or vessel to which such seaman or mariner did be- long, it shall be lawful for such Justice of the Peace, and he is hereby required, to issue his warrant to apprehend such seaman or mariner, and cause him to be brought before any two or more Justices of the Peace of the said colony, and in case such seaman or mariner shall refuse to return to Ids duty, or to proceed on the voyage which he con- tracted to perform, or shall not give a sufficient reason for such refusal, then it shall be lawful for such Justices to commit such seaman or mariner to gaol or other place of safe custody, there to remain until he shall consent to return to his duty on board of such ship or vessel, or until such ship or vessel shall be ready to proceed to sea, and it shall be lawful for any one Justice of the said colony, and be is hereby required, as soon as such ship or vessel shall be ready to proceed to sea, to cause such seaman or mariner to be conveyed on board of such ship or, vessel, and there delivered to the Master or Commander or other person having charge thereof.

H. Provided always and be it further enacted, that every Master rr„,,,„,

or Commander or other person making such application as aforesaid MITLer 10 pay t	maintenance of	such
shall before any such warrant shall be issued by any Justice as aforesaid,
undertake jointly and severally with one or more Housekeepers re-
siding within the said colony, in the presence of such Justice, to pay for
the maintenance of such seaman or mariner, to the Gaoler or other per-
son in whose custody he shall be placed, at the rate of One Shilling per
day for every day such seaman or mariner shall be so left in custody,
and all reasonable expenses of conveying such seaman or mariner on
heard of such ship or vessel, and also to give due -notice to such Justice
or to any Justice of the Peace for the said colony residing near the
place of confinement, of his intention to proceed to sea, at least twenty-
four hours before the sailing of such ship or vessel ; and in case such
Master, Commander, or other person shall neglect to give such notice,
and to pay such daily allowance, and reasonable expenses as aforesaid,
then, in either such case, the said Master or Commander of such ship
orvessel, and the housekeepers so undertaking, shall severally be liable
forthe amount thereof ; and the same shall and may be recovered in a	which may be
leonvde
re-

summary way before any Justice or the Peace within the said colony t iZtied i :1y r 1Z 117;

and levied by distress and sale of the offender's goods, and shall be paid and sale.

as soon as recovered into the hands of the Colonial Treasurer arid, be appropriated to the use of Her Majesty, towards the support of the Government of this colony.

3tri—continue l res

III. AND be it further enacted that this Act shall be and continue in force for two years from the date of its passing the Legislative Council.

"JOHN HUTT,"

GOVERNOR AND COMMANDER-IN-C MEP,

Passed the Legislative Council.,

!he 2nd da y of J uly, 1:~340.

WALK/ r i ;1.1:1 IV

Clok of theCouncil.