Seamen, discipline (1875) (WA)

WESTERN AUSTRALIA

ANNO TRIGESIMO NONO

VICTORIA?, REGINE

No. 9

An Act to make provision for the maintenance of Disci-

pline among the Crews of Coasting Vessels.

[Assented to 21st December, 1875.

HEREAS it is expedient to make provision for the maintenance Preamble

of discipline among the crews of vessels trading from one port

W

of the colony to another port thereof (hereinafter called coasting

39 VICTORIX. No. 9

Discipline in Coasting Vessels

vessels) : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :—

Provisions of this

Act applicable to 1. The provisions of this Act shall apply to any seaman engaged

seamen engaged	by or on behalf of the master of any coasting vessel to go to sea from
under contract
in writing con-	any port in the Colony, provided that such master has entered into an
taining certain	agreement in writing with such seaman, such agreement to be dated at
particulars	the time of the first signature thereof, and to be signed by the master before such seaman signs the same, and to contain the following par- ticulars as terms thereof (that is to say) :-

(1) The nature, and, as far as practicable, the duration of the intended voyage or engagement.

(2) The number and description of the crew, specifying how many are engaged as sailors.

(3) The time at which such seaman is to be on board or to

begin work.

(4) The capacity in which such seaman is to serve.

(5) The amount of wages which such seaman is to receive.

(6) A scale of the provisions which are to be furnished to such

seaman.

Offences of sea-	2. Whenever any seaman who has been engaged by or on behalf Colony, under an agreement in writing pursuant to the foregoing section, commits any of the following offences, he shall be liable to be punished summarily as follows (that is to say) :—
tices, and their	of the master of any coasting vessel to go to sea from any port in the
punishments

men and appren-

Desertion	(1) For desertion, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also to forfeit all or any part of the clothes and effects he leaves on board, and all or any part of the wages or emoluments which he has then earned ; and also to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any sub- stitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him.
Neglecting or	(2) For neglecting or refusing, without reasonable cause, to
refusing to join,

or to proceed to	join his ship, or to proceed to sea in his ship, or for
within twenty-
sea, absence	absence without leave at any time within twenty-four
four hours before	hours of the ship's sailing from any port, either at the
sailing and
absence without	commencement or during the progress of any voyage, or
leave	for absence at any time without leave and without suffi- cient reason from his ship or from his duty not amounting to desertion of or not treated as such by the master, he shall be liable to imprisonment for any period not ex- ceeding ten weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding the amount of two days' pay, and in addition for every twenty-four hours of •absence

39 VICTORIA. No. 9

Discipline in Coasting Vessels

either a sum not exceeding six days' pay or any expenses which have been properly incurred in hiring a substitute.

(3) For quitting the ship without leave after her arrival at her Quitting without

port of delivery and before she is placed in security, he Isetlbut

shall be liable to forfeit out of his wages a sum not

exceeding one month's pay.

(4) For wilful disobedience of any lawful command, he shall be liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also at the dis- cretion of the Court, to forfeit out of his wages a sum not exceeding two days' pay.

Act of nth-

obedience

(5) For continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable to im- prisonment for any period not exceeding twelve weeks with or without hard labour, and also at the discretion of the Court, to forfeit for every twenty-four hours' continuance of such disobedience or neglect a sum not exceeding six days' pay or any expenses which have been properly incurred in hiring a substitute.

Continued ills-

cbalience

(6) For assaulting any master or mate he shall be liable to im-

prisonment for any period not exceeding twelve weeks,

with or without hard labour.

Assault Olt

',inners

(7) For combining with any other or others to disobey lawful Combining to	commands, or to neglect duty, or to impede the naviga- disobey
tion of the ship or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour.

(8) For wilfully damaging the ship, or embezzling or wilfully damaging any of the stores or cargo, he shall be liable	Wilful damage inn/ embezzle-
ment

to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for any period not exceeding twelve weeks, with or without hard labour.

(9) For any act of smuggling of which he is convicted and whereby loss or damage is occasioned to the master or	Acts of smug-
gliug enneingloss
to (Amer

owner, he shall be liable to pay such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage ; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of such liability, without pre- judice to any further remedy.

WILLIAM C. F. ROBINSON,

GOVERNOR.