Seamen's Act 1898 (NSW)

Seamen, Act No. 46, 1898.

An Act to consolidate the Acts relating’ to

Seamen. [2dfh December, 1898.]

T ^ E it enacted by the Queen’s Most Excellent Majesty, by and with r > the advice and consent of the Legislative Council and Legislative

Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

PART I.

Preliminary.

1.                This Act may be cited as the “ Seamen’s Act, 1898,” and is

divided into parts and divisions, as follows: —

PART 1.-—Preliminary—ss. 1 -5.

PART II .—Shipping offices and masters—ss. 6-12,

PART III.—Apprenticeship—-ss. 13- 16.

PART

Act No. 46, 1898. 119

Seamen.

PART IV.—Engagement of seamen.

D ivision 1.—Generally—ss. 17-30. D ivision 2.—Islanders—ss. 31-34.

PART V.—-Discharges—-s.s’. 35- 39.

PART \ l . —Wages. .

- D ivision 1.—Accrual and fayment—ss. 40-48. , ;

D ivision 2.—Forfeiture—ss. 49-52.	'	,
D ivision 3.—Allotment notes—ss. 53, 54.

D ivision 4—Remedies—ss. 55-57. ̂ , , ,

PART VII.—Property of deceased—ss. 58- 68.

,

PART VIII.—Protection—ss. 69- 80.

PART IX.—Discipline—ss. 81- 91.

PART X.—Vessels in port.

D ivision 1.—Duties of masters—ss. 92.-100

D ivision 2.—Offences by seamen and other persons—ss. 101-104.

D ivision 3.—Powers of justices and constables—s. 105.

D ivision 4.—Procedure—ss. 106-111.

' PART XL—Miscellaneous matters—ss. 112-119.

2 . (1) The Acts mentioned in the First Schedule to this Act Repeal.

are to the extent therein e.xprcssed hereby repealed. Krst Scheiiuie.

(2) All persons appointed under the Acts hereby repealed omeers under Acts

and holding office at the time of the passing of this Act shall be deemed

to have been appointed hereunder.

■ (3) All regulations made under the authority of any Act Regulations under

hereby repealed and being in force at the time of the passing of this Act shall be deemed to have been made under the authority of this Act.

3. In this Act, unless the context or subject matter otherwise interpretation,

indicates or requires,— i vic. No. n, s. 30.

“ Agreement ” includes the ship’s articles whether written or printed, of y|̂ ; 'jlJi

or partly written or partly printed. vf Vie. No. (i, s. o.

“ Apprentice ” means every person bound by indenture for the sea service to any owner or master.

“ Desertion ” means the absence of a seaman or apprentice from his ship without leave for a period of forty-eight hours with­ out lawful cause or excuse, or any unlawful departure or absence from his ship with the intention of not returning thereto.

“ Discharge ” means the certificate of the discharge of a seaman from the last ship in which he served. ^

.“ Foreign-trade

120   Act No. 46, 1898.

Seamen.

“ Foreign-trade ship ” means any ship trading to any part of the world not comprehended in the term “ intercolonial.”

“ Intercolonial ship ” means every ship engaged in trading between any port in New South Wales and any other such port, or any other Australasian Colony including Tasmania and New Zea­ land.

' • “ Justice ” means any justice of the peace. “ Master ” means every person except pilots having charge or com­

mand of a ship.

“ Owner ” means every person to whom any ship, or part of, or share in a ship, belongs.

“ Port or harbour ” means every port, harbour, haven, roadstead, channel, creek, and navigable river.

“ Seaman ” means every person employed or engaged in any capa­

city on board any ship, except masters, pilots, apprentices,

and persons temporarily employed on board any ship in port.

” Ship ” means every description of vessel used in navigation, not

ordinarily propelled by oars.

“ Shipping Master ” means—

(а) every officer duly authorised for any specffied duties of ship­ ping master under this Act, and where not otherwise provided the shipping master for the port where the ship in reference to which he is acting is; and

(б) any deputy of such shipping master in respect of any acts or duties which such deputy may be authorised to perform.

Ictrtxteivir addition to its general application according to

27 Vic No 13 s 90 Subject matter to all persons within the jurisdiction of New South

28 Vic. No. r),’s. 1. ' Wales, shall extend and apply as follows, that is to say: —

(1) As to ships registered in or belonging to New South Wales (except pleasure yachts), and the owners, masters, and crews of such ships, wherever the same may be—the whole Act, except so far as other provisions are made in respect thereof, when such ships are out of the jurisdiction of New South Wales, by the Imperial Act, the Merchant Shipping Act, 1894, or any other Imperial Act;

(2) As to pleasure yachts registered in or belonging to New South Wales, and the owners, masters, and crews thereof—so much of section eighteen as directs that no seaman shall be hired or engaged to serve in any ship of any tonnage whatever, unless he produces and delivers up to the shipping master, or the owner or master engaging him, his discharge or license to ship, and that in all cases where any such discharge or license to ship shall be delivered to any such owner or master

the

Act No. 40, 1898. 121

Seamen.

the same shall be forthwith delivered or sent by such owner or master to the shipping master, to be by him kept and preserved in his office—the whole of section thirty-five and so much of section thirty-six as dispenses with the production or giving of discharges or licenses to ship by or to seamen who immediately re-engage to serve in the same ship, and as requires the master in such cases to send to the shipping master a written statement signed by him setting forth the fact of such re-engagements being so entered into.

(3) As to ships registered in or belonging to the United Kingdom, or any of Her Majesty’s dominions other than New South Wales, and the owners, masters, and crews of such ships, when such ships are within the jurisdiction of New South Wales— the whole Act, except so far as other provisions are made in respect thereof by the Imperial Act, the Merchant Shipping Act, 1894, or any other Imperial Act.

5.           Nothing herein contained shall extend or apply to any of Her Not to aiijiiy to

Majesty’s ships of war or to any ship of war of any foreign State or "f'™'-

2. t i(’, s, 01»

power.

PART II. .

'• S h iff ing ojfices and masters.

6 . ( 1 ) The Governor may establish shipping offices at Sydney ,\|ipnintment of

and at any other ports; and may appoint a shipping master to each	&c.
such office, who shall himself or by such deputies, clerks, and servants as may also be so appointed, perform all duties required by this Act to be performed by a shipping master.

(2) Each such shipping master shall, before entering upon shiiiping mastor to

his duties, give such security for the due performance thereof as may be required by the Minister, and shall make and subscribe before a justice a solemn declaration in the form of the Second Schedule Soromi Seiicduk'.

hereto.

7. The following shall be the general duties of shipping masters:— Outirs of shii)i)ing

(а) To facilitate the making of apprenticeships to the sea service. (б) To facilitate the engagement and discharge of seamen, and

to keep a registry thereof and of their names and characters in all cases of their engagement and discharge in New South Wales.

(c) To perform such other duties relating to merchant ships and seamen as are expressly committed to them by this Act.

122   Act No. 46, 1898.

Seamen.

Fees on engagements

and discliarges. 8. (1) The fees specified in the Third Schedule hereto shall be

Tliii'd Si-lirdule.	payable to the shipjring masters upon all engagements and discharges
■27 Vic. \ n . l:i. s. 7.	effected under the provisions of this Act.
'l'al)le of f<-es.	(2) The Minister shall cause tables of such f(>es to be con­ spicuously placed in tlie shipping ottices; and the shipping masters may refuse to proceed witli any engagements or discharges until the fees are paid.
Owner may pay fees.	(3) The owner or master engaging or discharging any sea­ man shall pay the whole of such fees, and may for the purpose of reimbursing himself deduct, in respect of each such engagement or discharge, from the wages of all seamen so engaged or discharged, and retain any sums not exceeding the sums specified in that behalf in the said Third Schedule.
Remedies.	(4) All such fees may be sued for and recovered with costs by the shipping master from the owner or master in the summary manner in which seamen are by this Act enabled to sue for and recover wages not exceeding fifty pounds.
Shipping master to
pay ()ver fees.	(5) All fees payable to the shipping master under this Act shall be accounted for and j)aid by him to the Treasur(;r, and by the said Treasurer be carried over to the Consolidated Eevenue Fund.
Sliip])ing master

may decide (piestions 9. Every shipping master shall hear and decide any question

wliicli parties	whatever between a master or owner and any seaman which both
r(‘fer to him.	parties agree in writing to submit to him; and every award made by
Ihid. s. 34.	him shall be binding on both parties, and shall, in any legal proceeding which may be taken in the matter before any court, be deemed to be conclusive as to the rights of the jiarties. Any document purporting to be such submission or award shall be evidence thereof.
to produce ship’s

Master and otliers 10. (1) In any proceeding relating to wages, claims, or discharge

]>:ipers to sliipping	of any seamen, so referred to any shipping master, he may call upon
evidence.
master and give	the owner or his agent, or upon the master, or mate, or any member
Ihid. s. .3").	of the crew, to produce any log-book, paper, or other document in their possession or power relating to any matter in question in such pro­ ceeding, and may call before him and examine on any such matter any of such persons being then at or near the place of inquiry.
r<*nalty.	(2) Every owner, agent, master, mate, or other member of the crew, who, when called upon by the shipping master, does not produce any such paper or document as aforesaid, if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable cause for his default, incur for every such offence a penalty not exceeding five pounds.
Penalty for talking
other remuneration.	11. Any shipping master, or any deputy clerk or servant in any shipping office, who demands or receives, directly or indirectly, for hiring or supplying any seaman for any ship or for the discharge of any seaman, any remuneration whatever beyond the lawful fees, shall for every such offence, incur a penalty not exceeding twenty pounds,
Ihid. s. S.
and may be dismissed by the Minister, 12.

Act No. 46, 1898. 123

Seamen.

12.               By direction of the Minister, at any place where tliere is Shiiiping business

no shipping office the whole or any part of the business of such office '“sLlrn'imiwŝ

may be conducted at the custom-house; and the officer of customs	|.ĵ ,, ,,
there conducting such business shall for all purposes be deemed a

shipping master. .

PART III.

A pprenticeship.

13. All indentures of apprenticeship to the sea service shall be How imbnoiros to

executed by the apprentice and the person to whom he is to be bound, ''

in the presence of a justice, who shall attest the same, and shall, before	̂
such execution, satisfy himself—

(а) that the intended apprentice has freely consented to be bound; has attained the age of twelve years; and is of sufficient health and strength; and if under twenty-one years of age is not acting against the will of his parent or other lawful guardian; and

(б) that the master to whom he is to be bound is a projjer person for the purpose :

Provided that all such indentures whereby any person under the age of twenty-one years is bound without the concurrence of his parent or guardian shall, in all cases where by law the consent of such parent or guardian is necessary to make the same binding upon him, be voidable by such parent or guardian.

14. (1) All such indentures of apprenticeship shall be in dupli-iniiontuivs to Ik-in

cate, and every person to whom any apprentice is so bound in New

South Wales shall, within seven days after the execution of the inden-	’
tures, take or transmit the same to the shipping master.

(2) The shipping master shall record and keep and preserve ibconi. iiy

one copy in his office, and indorse a memorandum of such recording

on the other copy, and redeliver it to the master of the apprentice.

(3) Whenever any such indentures are assigned or cancelled, Asiignmcnt, &<•., of

or any sucli apprentice dies or deserts, his master shall, if such assign­ ment, cancellation, death, or desertion happens in New South Wales, within seven days thereafter, or if els'^where, so soon afterwards as circumstances permit, notify the same to the shipping master, to be also recorded.

(4) Every such master of an apprentice failing to comply penalty,

with this section shall incur a penalty not exceeding ten pounds.

121: Act No. 46, 1898.

Seamen.

Apprentices from	15. All such apprenticeships made by the authorised officers of to the foregoing provisions) be made in the same manner and be subject to the same laws and legulations as other apprenticeshijis made by the same persons, the form of the indentures being appropriately altered to meet each case.
charitable institu­
tions.	public or charitable institutions shall (subject as nearly as may be
27 Vic. No. 13, s. 12.
Apprentices in ships
goinc; out of New	16. (1) The master of every ship, except ships of less than eighty places within or on the coast of New South Wales, shall before carrying any apprentice to sea from any place in New South Wales, cause him to appear before, and shall produce to, the shipping master the inden­ tures by which such apprentice is bound and every assignment thereof.
South Wales,	tons registered tonnage exclusivelv engaged in trading or going to

s. 13.

Entry on ship's

articles. (2) The name of such apprentice, with the date of such indentures and of every such assignment, and the name of every port at which the same have been registered, shall be entered on the ship’s articles.

Penalty. (3) The master shall, for every default in obeying any pro­

vision of tliis section, incur a penalty not exceeding five pounds.

Proviso as to inter­ (4) Provided that in the case of intercolonial ships it shall

colonial ships.

not be necessary to cause the apprentice to appear before the shipping

master more frequently than once in twelve months.

PART IV.

Engagement of seamen.

D i v i s i o n \.~-Generalhj.

Agreements to be	17.	(1) The master of every ship, except ships of less than
made with seamen

containing certain	eighty tons registered tonnage exclusively engaged in trading or going
liarticulars.	to places within or on the coast of New South Wales, who engages any
Ibid. s. ir>.	seaman in New South Wales shall enter into an agreement with him
Fourth Schedule.	in the form of the Fourth Schedule hereto, and dated at the time of the first signature thereof, and signed by the master before any seaman signs the same.
Stipulations.	(2) Every such agreement shall be so framed as to admit of stipulations being introduced therein at the joint will of the master and seaman in each case as to advance and allotment of wages or any other stipulations not contrary to law.
du})licate.
Agreement to l>e in	(3) Every such agreement shall be filled up by the shipping master, and shall be prepared and signed in duplicate, and shall in all cases be signed by the master, in the presence of and attested by such shipping master, and one of such duplicates shall in all cases be left with or delivered or sent to the shipping master, and bo kept and
preserved by him in his office. 18.

Act No. 46, 1898. 125

Seamen.

18. The master of every ship, except as aforesaid, when engaging seamen in New South Wales, shall engage them either before the

Seamen to be

engaged before the shipping master or

shipping master or on board the ship in which they are to be

on board the shij) in

employed. Provided that the signature of each seaman shall be attested by

serve.

which they are to

*27 Vic. No. 13, s. Hi,

the shipping master or by some other witness, and before being signed

47 Vic. No. 1, s. 1.

the agreement shall be read over and explained to such seaman.

Provided also that no seaman shall be hired or engaged to serve in any ship of any tonnage whatever unless he produces and delivers up to the shipping master, or the owner or master engaging him, his discharge or license to ship; and in all cases where any such discharge or license to ship is delivered to any such owner or master the same shall be forthwith delivered or sent by such owner or master to the shipping master.

19. In the case of all ships except as aforesaid the following in addition to the rules prescribed by the last two preceding sections shall

Further rules for

agreements.

27 Vic. No. 13, s. 17.

be observed with respect to agreements:—

47 Vic. No. 1, s. 1.

(а) Where the agreement is signed by any seaman in the presence of a shipping master, the seaman’s discharge or license to ship shall be produced and delivered to the shipping master.

(б) Except in the cases hereinafter provided, where the agreement is signed by any seaman otherwise than in the presence of a shipping master, one of the duplicates thereof, certified and attested as such duplicate by the owner or master or other officer engaged on board the ship, shall, together with the discharges or licenses to ship of each seaman so signing the same, be forthwith delivered or sent to the shipping master; and such duplicate shall be by him kept and preserved in his office.

(c) When the crew is first engaged the duplicate of the agreement retained by the master shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship.

(d) If the master of any ship not registered in or belonging to New South Wales has an agreement with his crew, made in

Provision as to shi))s

not belonging to

New Soutli W’ales.

due form according to the law of the place to which such ship belongs or in which his crew w’cre engaged, and engages single seamen in New South Wales, such seamen may sign the agreement so made, and it shall not be necessary for them to sign an agreement in the form of the Fourth Schedule hereto, or to have the same, filled U]i by the shipping master or prepared and signed in duplicate; but in all such cases the master shall observe and conform to all the other directions herein contained relative to the engagement of seamen, and shall forthwith leave with or deliver or send to the shipping

master

126   Act No. 46, 1898.

Seamen.

master a true copy, attested as sucli by tbe master under his hand, of the agreement signed by such seamen with the names of the seamen signing the same and of the witnesses attesting their signatures; and such copy shall be kept and preserved by the shipping master in his office.

To regulate foes 20. For the pui’pose of determining the fees to be paid upon

payable on running engagement and discharge of seamen belonging to foreign-trade be considered to be engaged when the agreement is first signed and to be discharged when the agreement finally terminates, and all intermediate engagements and discharges shall be considered to be engagements and discharges of single seamen.

affl’ccincnts . ~ ~ ~ . o o o

•NVic No 13 s 18 intercolonial ships which have running agreements, the crew shall

’

Duplicates of	21. In cases in which such running agreements are made, the engagement of the crew shall be kept by the shipping master until the expiration of the agreement, and thereafter dealt with according to any regulations in that behalf duly made as hereinafter enacted.
running agreements
how to be dealt with.	duplicate agreement retained by the shipping master upon the first
Ibid. s. 19.
for intercolonial

Sjiccial agreements 22. (1) In cases where several intercolonial ships belong to the

ships belonging to	same owner, the agreement with the seamen may, notwithstanding
same owners.	anything herein contained, be made by the owner instead of by the
Ibid, s, 20.	master, and the seamen may be engaged to serve in any two or more of such ships, but the names of the ships and of the masters and the nature of the service shall be specified in the agreement; and with the foregoing exception, all provisions herein contained which relate to ordinary agreements for intercolonial ships shall be ajfplicable to agreements made in pursuance of this section.
Seamen to be

allowed interval on (2) No seaman having served in any ship which has entered

change of ship.	any port of New South Wales on completion of a voyage, shall be compellable under any engagement or agreement to go on board any other ship until after the expiration of twenty-four hours from the completion of such voyage.
seamen without

Penalty for sliipjhng 23. (1) x\ny master of a foreign-trade ship who carries any seaman

agreement duly	to sea without having entered into an agreement with him in accordance
executed.	with this Act, shall for every such offence incur a penalty not exceeding
Ibid. s. 21.	five pounds.
On intercolonial	(2) If any ma.ster of an intercolonial ship carries any seaman to sea without having entered into such agreement with him, such master or the owner shall for every such offence incur a penalty not exceeding five pounds.
ship.

Changes in crew 24. The master of every intercolniiial or foreign-trader ship shall

to be reported.

before leaving New South Wales sign and send to the shipping master a

Ibid. s. 22.

full and accurate statement of every change which takes place in hir

crew before finally so leaving New South Wales.

Every

Act No. 46, 1898. 127

Seamen.

Every such master shall for every offence against this section incur a penalty not exceeding five pounds.

25. (1) Every erasure, interlineation, or alteration in any agree-Alterations to be

ment with seamen, except tulditions for shipping substitutes or persons attested engaged subsequently to the first departure of the ship, shall be wholly witii the consent of inoperative, unless proved to have been made with the consent of all

the persons interested in such erasure,' interlineation, or alteration.

(2) Such consent shall be proved by the written attestation consent how proved.

of-

( « )

the witness attesting the signature of the person so interested;

or

ih)

some justice; or

( c )

if made out of New South Wales, a British consular officer; or, if none such, two British merchants.

26. Whosoever— Penalty fnr falsi-

(a) fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered any agreement; or .,4

(b)	makes or assists in making, or procures to be made any false entry in any agreement; or
(c)	delivers, assists in delivering, or procures to be delivered a false copy of any agreement

shall for every such offence be deemed guilty of a misdemeanour.

27. Any seaman may, upon any civil or criminal proceeding by seamcTi noi u> i>e.

or against him, bring forward evidence to prove the contents of any

agreement, or otherwise to support his case, without producing or	̂ .j,- ’
giving notice to produce the agreement or "any copy thereof.

28. The master shall at the commencement of every voyage Copy of uf-rcc-mont

or engagement cause a legible copy of the agreement, omitting the

signatures, to be placed or posted up in some part of the ship which is^-^ ̂

accessible to the crew.

Every master shall for every neglect of this enactment incur a penalty not exceeding five pounds.

29. Any seaman who, after having signed an agreement, is dis-sciunen (lischar̂ cd

charged before the termination of his agreement without fault on Jiis

part justifying such discharge, and without his consent, shall be entitled lompcM.siithm.

to receive, from the master or owner, in addition to any wages he mav	s. 27.
have earned, due compensation m»t exceeding om‘ month’s wages; and may, on adducing sindi evideiua; of his having been so improperly dis­ charged as the. court deems satisfactory, recover such compensation in the same manner as if it were wages duly earned.

IVnalt v for iinbisvfiilly

30. (1) Whosoever in New South Wales not being— .su|»pl\ ing' scaiiirii, or

iii-g o thers to

(fl) the owner or master or mate of the ship; or do so ;

(*) llnd. s. 14.

128   Act No. 46, 1898.

Seamen.

(6) the bona fide servant, and in the constant employ of the owner;

(c) a shipping master,

engages, or supplies, or employs any person, other than persons so excepted, to engage or supply, any seaman or apprentice to be entered on board any ship, shall for each seaman or apprentice so engaged or supplied incur a penalty not exceeding twenty pounds.

or for receiving

seamen unlawfully (2) Whosoever knowingly receives or accepts to be entered

supplied;	on board any ship, any seaman, or apprentice engaged, or supplied, contrary to the next preceding enactment, shall, for every seaman or apprentice so engaged or supplied, incur a penalty not exceeding twenty pounds.
or for receiving

remuneration from (3) Whosoever contrary to this Act demands or receives,

'for°Lipping directly or indirectly, from any seaman, or apprentice, or from any

them.	person seeking employment as such, or from any person on his behalf, any remuneration whatever for providing him with employment other than the fees hereby authorised, shall for every such offence incur a
penalty not exceeding five pounds. '

D iv is io n 2 .—Islanders.

Islanders to be	31. (1) Notwithstanding anything to the contrary in this Act, aboriginal native of any of the islands of the Pacific Ocean (herein termed “ islander ”) at any port or place in New South Wales unless such engagement is entered into as hereinafter provided before the shipping master of such port or place.
engaged before
shipping masters.	no master of a ship or other person shall engage as a seaman any
43 Vic. No. 0, s. 2.

Certain agreements (2) No agreement with any such islander made out of New

unenforceable.	South Wales, not made and appearing to have been made before either a shipping master or a consul, shall be enforceable against such islander in any court, unless a shipping master certifies that in his opinion such agreement reasonably provides for the victualling and remuneration of such islander.
It shall be the duty of such shipping master, when applied to for that purpose, to express in writing his opinion whether such agree­ ment does or does not so provide.

How agreements to	32. (1) The master of any ship, of any tonnage whatever, and
be made with

islanders.	in whatever trade engaged, who engages any islander as a seaman at
Ibid. s. 3.	any port or place in New South Wales shall enter into an agreement
Fifth Schedule.	with him in the form of the Fifth Schedule hereto.
Stipulations.	(2) Every such agreement shall be so framed as to admit of stipulations being introduced therein at the joint will of the master and islander in each case as to advance and allotment of wages, or any other stipulations not contrary to law.

(3)

Act No. 46, 1898. 129

Seamen.

(3) Every such agreement shall be prepared and signed in Agreement to be

duplicate, and be filled up by the shipping master, and in all cases shall be signed by the master in the presence of, and attested by, such shipping master, and one of such duplicates shall in every case be left with the shipping master, and be retained by him in his office.

(4) Before any such agreement is signed by such islander, shipping master to

the shipping master, or some person authorised by him, shall read over

and explain the same to such islander, and the shipping master shall °

thereupon attest the signature (or mark, if the islander is unable to

write); and no islander shall be allowed by the shipping master to	■
sign or affix his mark to any such agreement unless in the shipping master’s opinion such islander appears fully to comprehend the nature and effect of such agreement and of the remuneration, whether by wages, lay, or otherwise therein stipulated for.

33. (1) If any master engages or enters into an agreement w ith Penalty.

any islander in contravention of the provisions of either of the preceding 4-3 vie. No. o, s 4

sections of this Division, he shall be liable to a penalty not exceeding

fifty pounds and not less than five pounds.

(2) Proceedings under this section shall be commenced within Period of limitation,

either six months from the expiration or other determination of such engagement or agreement, or within six months from the time of such master’s return to New South Wales.

34. (1) All islanders, being seamen in intercolonial or foreign islanders to rocoive

trade ships discharged in New South Wales, shall be discharged ^̂ind.

receive their wages in the presence of a shipping master. ^

(2) Any master or owner discharging any such islander or Penalty,

paying him his wages in New South Wales in any other manner shall

incur a penalty not exceeding fifty pounds.

PART V.

Discharges.

35. (1) In every case of a seaman discharged in New South Wales Mode of d:s.dKrroing

from any ship of any tonnage whatever, either—

{a) such seaman shall be discharged before the shipping master, 27 Vie. No. 13, .s. 31.

in which case the master shall thereupon sign and give to the seaman in the presence of such shipping master a discharge in the form of the Sixth Schedule hereto, and the shipping sixth Schedule,

master shall attest the same; or

I (&)

130   Act No. 46, 1898.

Seamen.

(6) the master shall sign and forthwith deliver or send to the ship­ ping master a discharge of such seaman in the form aforesaid, attested by some witness.

8hi|)]iing mastir to (2) The shipping master shall on receipt of such discharge

keo[) (l̂ S!,;harg'‘.	take charge thereof and keep the same in his office until the seaman whose discharge is thereby certified applies for the same, and upon such application by such seaman shall deliver the same to him.
Penalty,	(3) Any master who fails to sign and give to the seaman, or to sign and deliver or send to the shipping master, such discharge in conformity with the provisions of this section shall for every such offence be liable to a penalty not exceeding ten pounds.

No discharge neces­ 36, When the crew of a ship or any of them, immediately upon

sary on inimediatc ̂ the expiration of their agreement, enter into a new agreement to serve

i‘e-engagcinents.

‘'Vvk"Nr\T"s 3-̂ same ship, then it shall not be necessary for the master to sign or give or send to the shipping master a discharge to any seaman so re-engaging, or for any seaman so re-engaging to produce or deliver a discharge or license to ship.

’

In all such cases the master shall forthwith deliver or send to the shipping master, with the duplicate of the agreement to be delivered or sent to him as hereinbefore directed, a written statement signed by such master, sottina,- forth the fact of such re-engagement being so entered into immediately upon the expiration of the former agreement. The shipping master shall keep and preserve such written statement in his office with such duplicate.

On (liscliargo of	37. (1) Every master shall at the time of or before paying off
seaman master to

deliver aceo nit of

or discharging any seaman deliver to him a full and true account of

wages,

his wages and of all deductions to be made therefrom on any account

]hid. s. 30.

whatever, and in default shall for every offence incur a, p(‘ualty not

exceeding rive pounds.

Deiiuction not	(2) No deduction from the wages of any seaman, except in
allowed unless in

account.

respect of any matter happening after such delivery, shall be allowed

unless it is included in the account so delivered.

Master tt> ke('j) (3) The master shall during the voyage enter the various

book.	matters in respect of which such deductions are made with the amounts of the respective deductions as they occur in a book to be kept for that purpose; and shall, if required, produce such book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or cquestion relating to such payments.
Los.'’>
and licenses to ship.

of discharge', 38. In case—

Ibid, s. 3J. (a) any seaman has lost his discharge or from any other cause is unable to produce the same; or

• . ( & )

Act No. 4C), 1898. 131

Seamen.

(b) any other person desires to engage as a seaman;

any shipping master, on being satisfied of the fact of such loss, inability, or desire, as the case may be, may grant and deliver to such seaman or other person a license to ship, which license shall be in writing and signed by the shipping master.

39. (1) Upon every discharge effected in New South Wales from Master to mako

any foreign-going ship, the master shall make and sign, in the form

of the Seventh Schedule hereto, and forthwith deliver or send to the Kiglith Schedule. ■27 Vic. No. 13, s. 37.

shipping master a report of the conduct, character, and qualifications	Schedule
of the seamen discharged; or may as to any of such seamen state in the column for that purpose in the said form that he declines to give any opinion upon such particulars or upon any of them.
The shipping master shall, if desired so to do by an}̂ seaman, indorse on his certificate of discharge the substance of so much of such report as concerns him.

(2) Whosoever—

(«) makes, assists in making, or procures to be made, any false Penalty for false

certificate of discharge or report of the conduct, character, or	^ report,
qualifications of any seaman knowing the same to be false; or

(b)	forges, assists in forging, or procures to be forged, or fraudu­ lently alters, assists in fraudulently altering, or procures to be fraudulently altered any such certificate or report; or	■
(c)	fraudulently makes use of any certificate or report or of any copy of any certificate or report which is forged or altered or does not belong to him

shall for every such offence be deemed guilty of a misdemeanour.

PART VI.

llVa/es.

UivisiONT I .—Accrual and 'payment.

40. A seaman’s right to wages and provisions shall be taken to Right to wages and

commence at the time specified in the agreement for his commencement

of work, or presence on board, whichever first happens. ̂ 3g_

41. (1) No seaman shall by any agreement be deprived of any Seamcn not to give

remedy for the recovery of his wages, or forfeit his lien upon a ship for ”P

such recovery.

(2)

132   Act Xo. 40, 1898.

Semnen.

Certain stipulations, (2) Every stipulation in any agreement inconsistent with

to be void. any provision of this Act, or by which any seaman consents to abandon his right to wages in the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shadl be to that extent void.

Exception of (3) Nothing in this section shall apply to the case of any

salvage service.	stipulation made by any seaman belonging to any ship, which accord­ ing to the terms of the agreement is to be employed on salvage service, with respect to the remuneration to be paid to him for salvage service to be rendered by that ship to any other ship.
Wages not to be	42. No right to wages shall be dependent on the earning of freight; and recover any wages if the ship in which he has served had earned freight shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same notwithstanding that freight has not been earned.
dependent on the
earning of freight.	and every seaman and apprentice who would be entitled to demand
27 Vic. Xo. 13, s. 40.
But in all cases of wreck or loss of ship proof that any seaman has not exerted himself to the utmost to save the ship, cargo, and stores shall bar his claim to wages.

vSalc of and charge	43. (1) No assignment or sale of any salvage or wages made
upon salvage on

wages invalid.

by any seaman or apprentice prior to the accrual thereof shall bind

Ibid. s. (35.

the person making the same; and no power of attorney or authority

for the receipt of any such salvage or wages shall be irrevocable.

Payment good as (2) Every payment in respect of salvage or wages to the seaman

against assignment.

or apprentice himself shall be valid as against any previous sale, or assign­

ment, or any attachment, incumbrance, or arrestment thereon.

Right to wages in

case of termination 44. In cases where the service of any seaman terminates before

of service by wreck	the period contemplated in his agreement by reason of—
or illness.

Ibid. s. 41.

(a) the wreck or loss of the ship; or

{b) his being left on shore at any place abroad under a certificate

of his unfitness or inability to proceed on the voyage,

such seaman shall be entitled to wages for the time of service only prior

to such termination as aforesaid.

Wages not to accrue

during refusal to 45. No seaman or apprentice shall be entitled to wages for any

work or imprison­	period during which he unlawfully refuses or neglects to work when
ment.	required, whether before or after the time fixed by the agreement for
Ibid. s. 4G,	his beginning work; nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.

Period within which	48. (1) The master or owner of every ship (except ships of less
wages are to be paid,	eighty toiis registered tonnage exclusively engaged in trading or

Ihid. s. 47. going

Act No. 4G, 1898. 133

Seamen.

going to places within or on the coast of New South Wales) shall pay

to every seaman his wages:—

(a)	in the case of an intercolonial ship: within two days after the
termination of the agreement, or at the time when such seaman '

is discharged whichever first happens;

(h) in the case of all other ships : within three days after the cargo has been delivered, or at the time of the seaman’s discharge whichever first happens.

Provided that this shall not apply to the cases of ships employed in the whale fishery, or on other voyages for which seamen by the terms of their agreement are wholly compensated by shares in the profits of the adventure.

(2) Every master or owner who, wuthout sufficient cause, Penalty,

neglects or refuses to make payment in manner aforesaid, shall pay to

the seaman a sum not exceeding the amount of two days pay for each	.
of the days, not exceeding ten days, during wdiich payment is delayed beyond the respective periods aforesaid, and such sum shall be recoverable in the same manner as wages.

47. (1) Every master of a ship wdio leaves any seaman or rvage.s to be paUl

apprentice on shore at any place abroad in or out of Her Majesty’s 1 l)eliind on

dominions under a certificate indorsed on the agreement as m section around of inability.

seventy-five hereof provided of bis unfitness or inability to proceed on er Vie. Xo. i3, .s. tii.

the voyage shall deliver to one of the functionaries who may sign such

certificate, or, in the absence of such functionaries, to the merchants

by whom such certificate is signed, or, if there is but one merchant

resident at such place, to him, a full and true account of the wages due to

such seaman or apprentice (such account when delivered to a consular

officer to be in duplicate), and shall pay tlie same wdien practicable in

money, and otherwise by a bill drawn upon the owner.

(2) Such functionary or merchant as aforesaid shall by imlorscmont ou bill,

indorsement certify on every such bill that the same is drawm for money duo on account of a seaman’s waiges, and shall also indorse the amount for which such bill is drawm with such further particulars in respect of the case as the Minister requires.

(3) Every such master as aforesaid wdio refuses or neglects Penalty,

to deliver a full account of such wages and pay the amount thereof in money or bill as hereinbefore required shall for every such offence or default, in addition to the payment of tlie wmges, incur a penalty not

exceeding ten pounds. >

(4) Every such master who delivers a false account of such Penalty,

wages shall for every such offence, in addition to the payment of the

wages, incur a penalty not exceeding twenty pounds.

4>8.

134: Act No. 40, 1898.

Seamen.

Settlement of wages. 48. The following rules shall be observed with respect to the

27 Vic. No. 13, s. 30. settlement of wages:—

Release to be signed	(a) Upon the completion before a shipping master of any discharge, and on full payment or satisfaction of wages, the master or owner and each seaman shall respectively, in the presence of
before and attested
by shi])j>ing master.

EiglitU Sdiedule.	the shipping master, sign in the form of the Eighth Schedule hereto, a mutual release of all claims in respect of the past voyage or engagement, and the shipping master shall also
To be diseharge	sign and attest it, and shall retain it as herein directed. Every such release so signi'd and attested shall operate as a comj)lete fulfilment of the agreement on both sides, and a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement.

and to be evidence.	{h) A copy of such release, certified under the hand of such shipping master to be a true copy, shall be given by him to any party thereto requiring the same; and such copy shall be receivable in evidence upon any future question touching such claims as aforesaid, and shall have all the effect of the original of which it purports to be .i copy.
he a (lis(‘iiarge.
No other receipt to	(c) In cases in which discharge and settlement take place before a shipping master, no payment, receipt, settlement, or discharge otherwise made shall operate or be admitted as evidence of the release or satisfaction of any claim.
Voucher lo be given	(d) Upon any payment being made by a master before a shipping master, the shipping master shall, if required, sign and give to such master a statement of the whole amount so paid, and such statement shall, as between the master and owner, be received as evidence that he has made the payments therein mentioned.
to mast(T and to be
e vide ice.

Divi.siox 2.—Forfeiture.

Amount of forfeituro 49. Whenever any seaman contracts for wages by the voyage

whcn̂ ôrinmr'' sluiro, aiid not by the month or other stated contraot fur voyage, period of time, the amount (jf forfeiture to be incurred under this Act

ihui. s. 77. as hereinafter mentioned shall be an amount bearing the same proportion

to the whole wages or share as the period for which forfeiture is adjudged bears to the whole time spent in the voyage; and if the whole time spent in the voyage does not exceed such period of forfeiture, the forfeiture shall extend to the whole wages or share.

Questions of 50. Any question concerning the forfeiture of or deduction from

forfeiture may be

decided in suits for

the wages of any seaman or apprentice may be determined in any

wages.

proceeding lawfully instituted respecting such wages, notwithstanding

Ihid. s. 78.

that the offence as to which such question arises has not been made

the subject of any criminal proceeding.

Act No. 4G, 1898. 135

Seamen.

51. AVhenever a question arises whether the wages of any seaman Facilities for proving

or apprentice are forfeited foi' desertion, it shall be sufficient for the l'X'.mTfou!m

parties insisting on the forfeiture to show— "f wages.

(а) that such seaman or apprentice was duly engaged in, or that

he belonged to, the ship from which he is alleged to have

* deserted; and

(б) that he quitted such ship without leave before the completion of the voyage or engage.ment, or, if such voyage was to be completed in New South \\hdes. and the ship has not returned, that he is absent from her; and

(c) that an entry of the desertion has been duly made in tlu' log­ book.

The desertion shall thereupon so far as relates to any forfeiture of wages or emoluments under the jirovisious hereinafter contained, be deemed to be proved, unless the seaman or apprentice can produce a. proper certificate of discharge, or can otherwise show to the satisfardion of the Court that he had sufficient reasons for leaving the shi[).

52. Whenever in any jiroceeding relating to wages it is shown Costs of procuring

that any seaman or apprentice entitled thereto has in the course of the ",|!'’ ,pX(7ciMrm̂ ̂

voyage been lawfully convicted of and rightfully punished for any wages,

offence, the Court may direct a part of sucli wages not exceeding two

s. tg.

pounds to be applied in reimbursing any costs properly incurred by the

master in procuring such conviction and punishment.

D ivision 3.—Allotment notes.

53. All .stipulations mtide at the commenciunent of a voyage Hcguidions as to

for the allotment of any part of t h ' wages of a seaman during Ids absence shall be inserted ui the agreement tind shall state the amounts and times of the payments to be made.

All allotment notes shall be in the form of the Ninth Schedule Xintii Sciuainic.

hereto.

54. (1) When an allotment note of part of the wages of any auoiment notes may be siumI ujK)ii

seaman is made in favour of his—

summarily l)y

certain persons on

(а) wife,

(•(U'tain conditions.

(б) father or mother,

//>/(/. s. 29.

(c) grandfather or grandmother,

(ri) child or grandchild,

(e) brother or sister,

such wife or other person mtiy sue for and recover the wages allotted by the note, when and as the same are made ]);iyable, with costs, from the owner or any agent who has authoi'ised the drawing of the note.

(2)

13G Act No. 46, 1898.

Seamen.

Wliorc proootMlin

may lx* had. (2) Such proceedings may be taken—

{a) in the District Court; or

[h) in tlu' summary manner in wliich seamen are by tliis Act

' enabled to sue for and recover wages not exceeding fifty

. ‘ pounds.

K , di'iiac (3) In any .such proceeding, it shall be sufficient for the

claimant to prove that he is the person mentioned in the note, and

that the note was given by the owner or master, or some authorised

agent; and the seaman shall be presumed to be duly earning his wages,

unless the contrary is shown to the satisfaction of the court, either

by— . . . .

(а) the official statement of the change in the crew caused by his

absence, signed and sent to the shipping master by the master,

as by this Act is required; or

(б) a duly certified copy of some entry in the log-book to the effect that he has left the ship, or a credible letter from the, mast<;r of the ship to the same effect; or

(c) sucli other evidence of whatever description as the court, in its absolute discretion, considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.

Provision as to

forfeiture.	(4) No recovery shall be made on an allotment note if the seaman is shown, in manner aforesaid, to have forfeited, or ceased to be entitled to the wages out of which the allotment is to be paid.
Wife deserting her
children.	(.■)) The wife of any seaman who deserts her children, or so misconducts herself as to bo undeserving of support from her husband, shall thereby forfeit all right to further payment of any allotment of his wages made in her favour.

Divi.siox ^.—Remedies.

.scamoM may sue for 55. (1) Whorc ally suiii uot cxcccding fifty pounds is due for

manm-i'" '

ivugcs to uiiy scaiiian or apprentice, he, or his duly authorised agent,

nn,l. s. 4S.

may sue for :ind recover the same with costs in a summary manner

before any two justices acting in or near to the place —

{a) where the service has terminated; or

(6) where the seaman or apprentice has been discharged; or

(c) where the person from whom the wages are due is, or resides.

Amoiin'. to lx* p.iM (2) Every order for payment made under this section by

witimi a stated lime.

jiistices shall coiitiiin a direction that the person liable shall pay

the amount thereby made payable within a time to be named in such

. order, and that in default such person shall be imprisoned for tiny term not exceeding three months, unless the amount is sooner paid.

No appoai. (3) Every such order of justices shall be final.

Act No. 46, 1898. 137

Seamen.

56. No suit or proceeding for the recovery of wages under the Restrictions on suits

sum of twenty pounds shall he instituted by or on the behalf of any

seaman or apprentice in any Vice-Admiradty Court or any Court of 27 vic. Xo. 13, s. 4».

Record in New South Wales unless—

{a) the owner of the ship is declared insolvent; or

,	{h) the ship is under arrest or is sold by the anthority of any such Court as aforesaid; or
(c) any justices, as they are hereby authorised to do, refer the case to be adjudged by such Court; or
{(I) neither the owner nor the master is or resides within twenty miles of the place where the seaman or apprentice is discharged or put ashore. ■

57. (1) Every master of a ship shall so far as the case p e r m its Master to have same

have the same rights, liens, and remedies for the recovery of his wages as'seamen”' '™̂ *̂**

as by this Act, or by any law or custom, any seaman not being a master	r,o_
has.

(2) If in any proceeding in any Court of Vice-Admiralty Com-t of Admiralty

touching the claim of a master to wages, any right of set-off or counter- “V

claim is set up, such Court may enter into and adjudicate upon all

questions and settle all accounts then arising or outstanding and

unsettled between the parties to the proceeding, and may direct payment

of any balance found to be due.

PART VII.

Property of deceased seamen.

58.               Whenever any seaman or apprentice belonging to any ship Master to takp'

(except ships of less than eighty tons registered tonnage exclusively

employed in trading or going to places within or on the coast of New seaman which are on

South Wales) employed on a voyage which is to terminate in New South same'ami\7f̂^̂^̂

Wales dies during such voyage, the master shall take charge of all in log.

money, clothes, and effects which he leaves on board, and may, if he tiM- s. r>i.

thinks fit, cause all or any of the said clothes or effects to be sold by

auction at the mast or other public auction, and shall thereupon sign

an entry in the log-book containing the following particulars—

[a) a statement of the amount of money, and a description of the effects so left by the deceased; and

(l>) in case of a sale, a description of each article sold, and the sum received for each; and

(c) a statement of the sum due to the deceased as wages, and the total amount of the deductions if any to be made therefrom;

and shall cause such entry to be' attested by a mate and by one of the

crew.

138   Act No. 4G, 1898.

Seamen.

Sucli cfTects and

wages to be paid to 59. In the cases provided for in the next preceding section the

sbii)])ing inast<*r with following rules shall be observed:—

full accounts.

(a) Witliin forty-eight hours after the arrival of the ship at the port of destination in New South Wales, the master shall deliver any such effects as aforesaid remaining unsold, and pay any money which he has talien charge of or received from such sale as aforesaid, and also the balance of wages due to the deceased, to the shipping master at such j)ort.

27 Vic. No. 13, s. ;>2.

{}>) If before coming to any port in New South Wales the ship

touches and remains for forty-eight hours at some foreign

port or at some other port in Her Majesty’s dominions, the

' master shall report the same to the British consular officer or officer of customs there as the case may be, and shall give to such officer any information he requires as to the destination

1            of the ship and probable length of the voyage, and such officer shall indorse on the agreement with the crew the substan<‘e of such report and information, and the master shall within forty-eight hours after his arrival at his port of destination in New South Wales j)roduce the same to the shipping master.

(c) In all cases in which any seaman or apprentice dies during the progress of a vovage or engagement, the master shall give to such officer or shipping master as aforesaid an account in such form as they respectively require of the effects, money, and wages so to be delivered and paid.

No deductions claimed in such account shall be allowed unless verified bv such entrv in the log-book as hereinbefore required, and also by such other vouchers (if any) as may be reasonably rec^uired by the officer or shipping master to whom the account is rendered.

{d) Upon due compliance with such of the provisions of this section as relate to acts to be done at the port of destination in New South Wales, the shipping master shall grant to the master a certificate to that effect.

No officer of customs shall clear inwards any ship com­ prised within this and the next preceding section without the production of such certificate.

Penalties for not	60. (1) Any master who—
taking charge of,

remitting, or (rt) fails to take charge of the money or other effects (jf a seaman

accounting for such or apprentice dying during a voyage; or

moneys and etfects. (b) fails to make such entries in respect thereof, or to procure

Ihid. s. o3. such attestation to such entries; or

(c) fails to make such payment or delivery of any money, wages, or effects of any seaman or apprentice dying during a voyage; or

id)

Act No. 46, 1898. 139

Seamen.

{d) fails to give any such account in respect thereof as hereinbefore

directed,

shall be accountable for the money, wages, and effects of the seaman or apprentice to a shipping master, and shall pay or deliver the same accordingly; and every master shall, in addition for every such offence, incur a penalty not exceeding treble the value of the money or effects not accounted for, or, if such value is not ascertained, not exceeding fifty pounds.

(2) If any such money, wages, or effects are not duly paid, Onarfmiii of mastt-i-,

delivered, or accounted for by the master, the owner of the ship shall pay, deliver, and account for the same, and such money and wages and the value of such effects shall be recoverable from him accordingly; and if in such cases the owner fails to account for and pay or deliver the same, he shall, in addition to the liability for the said money and value, incur the same penalty which is hereinbefore mentioned as incurred by the master for the like offence.

(3) All money, wages, and effects of any seaman or apprentice Proefcdings to

dying during a voyage shall be recoverable by like modes of proceeding

as those by which seamen are hereby enabled to recover wages due to scamfu.

them.

61. Whenever any seaman or apprentice dies in New South Wages and effects i>f

Wales, and is at the time of his death entitled to claim from the master s'illltrw.Uelf

or owner of any ship in which he has served any unpaid wages or .27 yij,	13 .-,4,
effects, such master or owner shall pay and deliver or account for the same to the shipping master at the port where the seaman or apprentice was discharged or was to have been discharged, or as the Minister directs.

62. (1) If the money and effects of any deceased seaman or if less timn £5o—

apprentice paid or delivered as aforesaid, including the moneys received oV\Teee'ase<i'«'Tm'oy

for any part of the said effects which have been sold, either before n'-cv '»■

over

delivery or by direction of the Minister, do not exceed in value the sum

of fifty pounds, then, subject to the provisions hereinafter contained, n,id. s. r,r,.

and to all lawful deductions for expenses incurred in respect of the

seaman or apprentice or of his said money and effects, the Minister may

pay and deliver the said money and effects to any claimant who can

prove himself or herself to be—

(а) the widow or child of the said deceased; or

(б) entitled to the effects of the deceased under his will, if any,

or under any statute or at common law; or

(c) entitled to procure probate or take out letters of administra­ tion, although no probate or letters of administration have been taken out.

Upon such payment the Minister shall thereby be discharged from all further liability in respect of the money and effects so paid and delivered.

, . (2)

140   Act No. 46, 1898.

Seamen.

Minis;:er may

require probate to (2) Instead of makino- such payment tlie Minister may, if

be obtained. he thinks fit, require probate or letters of adminisiration to be taken out, and shall thereupon pay and deliver the said money and effects to the legal personal representatives of the deceased; and all claimants to whom such money or effects are so paid or delivered shall apply the same in due couise of administration

If such wages and	63.	If such money and effects as in the last section mentioned
cfFicts exceed £50, to

be paid to personal	exceed in value the sum of fifty pounds, then, subject to the provisions
representatives.	hereinafter contained and to deduction for expenses, the same shall be
27 Vic. No. Ki. s. 55.	paid and delivered to the legal personal representatives of the deceased.
^I.ode of payment

under wills made Gi. In cases where the deceased seaman or apprentice has left (cf) He miy in his discretion refuse to pay or deliver any such wages or effects as aforesaid to any person claiming to be entitled thereto under a will made on board ship, unless such will is in writing and is signed or acknowledged by the testator in the presence of the master or first or only mate of the ship, aiifl is attested by such master or mate.

by seamen.	a will the Minister shall have the following powers: —
Ibid. s. 56.

{h) He may in his discretion refuse to pay or deliv('r anv such wages or effects as aforesaid to any person (not related to the testator by blood or marriage) who claims to be entitled thereto under a will made elsewhere than on board ship, unless such will is in writing and is signed or acknowledged by the testator in the presence of and attested by two witnesses, one of whom is a shipping master or some clergyman of the place in which the same is made, or, in a place where there are no such persons, some justice or some British consular officer or officer of customs.

(c) Whenever any claim made under a will is rejected by the Minister on account of the said will not being made and attested as hereinbefore required, the wages and effects of the deceased sliall be dealt with as if no will had been made.

Provision for pay­	65. The following rules shall be observed with respect to creditors
ment of just claims

by creditors ami	of deceased seamen and apprentices:—
for preventing

fraudulent claims.	(a) No such creditor shall be entitled to claim from the Minister the wages or effects of any such seaman or apprentice or any part thereof by virtue of letters of administration taken out by him.
Ihid. s. 57.
{b) No such creditor shadl be entitled by any means whatever to payment of his debt out of such wages and effects, if the debt accrued more than three years before the death of the deceased, or if the demand is not made within two years after such
‘ death. ■

■ ■....... ̂ ^ . (c)

Act No. 46, 1898.

Seamen.

(c)	Subject as aforesaid, the steps to be taken for procuring pay­ ment of such debts shall be as follows:—Every person making a demand as creditor shall deliver to the Minister an account in writing in such form, as the Minister requires, subscribed with the claimant’s name, stating the particulars of his demand and the place of his a,bode, and verified by his declaration made before a justice.
(d)	If, before any such demand is made, any claim to the wages and effects of the deceased made by any person interested therein as his widow or child, or under a will, or under any statute, or at common law, has been allowed, the Minister shall cause notice to be given to the creditor of the allowance of such person’s claim, and the creditor shall thereupon have the same rights and remedies against such person as if he had received the said wages and effects as the legad personal repre­ sentative of the deceased.
{e)	If no claim by any such person has been allowed, the Minister shall proceed to investigate the* creditor’s account, and may for that purpose require him to prove the same and to produce all books, accounts, vouchers, and papers relating thereto; and if by such means the creditor duly satisfies the Minister of the justice of his demand, either in the whole or in part, the same shall be allowed and paid accordingly so far as the assets extend for that purpose, and such payment shall dis­ charge the Minister from all further liability in respect of the money so paid. ■

In default of such satisfaction, or if such books, accounts, vouchers, or papers as aforesaid are not produced, and no sufficient reason is assigned for not producing them, the demand shall be disallowed.

( / ) In any case, whatever, the investigation of any demand made by a creditor for the pa;/ment of bis debt may be delayed for one year from, the time of the first delivery of the demand; and if in the course of that time a claim to the wages and effects of the deceased is made and substantiated as herein­ before required by any person interested therein as a widow or child, or under a will, or under any statute, or at common law, the same may be paid and delivered to such person, and thereupon the creditor shall have the s.ame lights and remedies against such person as if he had received the same as the legal personal representative of the deceased.

66. (1) In cases where no claim to the wages or effects of deceased Mo<io of dealing with

seamen or apprentices is substantiated within six years after their receipt, 1 1 1 1 • ■^ 1 1 1 T • ( * 1 n/r* ' 11 ^ ’ cleceasetl seamen.

it shall be in the absolute discretion of the Minister to allow or to refuse 27 Vic. No. 13, s. 58.

any claim that may be subseqiientlv made.

‘ (2)

142   Act No. 46, 1898.

Seamen.

Unclaimed moneys	(2) All moneys arising from the unclaimed wages and effects
to h? ])aid t )

Treasurer.	of deceased seamen shall be paid over to the Treasurer, and such moneys shall be carried to and form part of the consolidated fund of New South Wales:
Provided that upon a certificate from the Minister of his allow­ ance of any claim, the said Treasurer may upon a warrant under the hand of the Governor pay and satisfy the amount thereof out of the said fund.

Punishment for	67. Whosoever, for the purpose of obtaining either for himself
forgery and fahe

representations in	or for another any money or effects of any deceased seaman (ir
order to obtain	apprentice—
wages and property

of deceasetl seamen,

(a) forges, assists in forging, or procures to be forged, or fraudu­ lently alters, assists in fraudulently altering, or procures to be fraudulently altered, any docuiTient purj)orting to show or assist in showing a right to such w;iges or effects; or

27 Vie. No. 13, s. 59.

(b)	makes use of any such forged or altered document as afore­ said; or
(c)	gives or makes, or procures to be given or made, or assists in giving or making or procuring to be given or made any false evidence or representation knowing the same to be false,

shall be deemed guilty of felony, and be liable to penal servitude for a term not exceeding four years, or to imprisonment with or without hard labour for any period not exceeding two years,

Rc'overy of wages, 68. Thc wagcs of seameii or apprentices who ar(> lost with the

&c., of seamen lost g}jjp ,(;o whicli thev belong shall be dealt with as follows:—

With tlifir ship. ̂ ‘ ^

Ibid. s. (!().

(rf) The Minister may recover the same from the owner of the ship

in the same manner in which seamen’s wages are recoverable.

(h)

In anv proceedings for the recovery of such wages, if it is shown by some official return or other evidence that the ship has twelve months or upwards before the institution of thc pro­ ceeding left a port of departure, and if it is not shown that she has been heard of within twelve months after such depar­ ture, she shall be deemed to have been hfst with all hands on board either immediately after the time sh(>. was last heard of or at such later time as the Court hearing the case may think probable.

(c)

The production of any duplicate agreement or list of the crew made out at the time of the last departure of the ship from New South Wales, or of a certificate purporting to be a certificate from a consular or other prdilic officer at any port abroad stating that certain seamen or apprentices were shipped in the ship from the said port, shall, in the absence

of

Act No. 4(), 1898. 143

Seamen.

of proof to the contrary, be sufficient proof that the seamen or apprentices therein named were on board at the time of the loss, and thereupon such wages shall be dealt with in the manner in which the wages of other deceased seamen and apprentices are to be dealt with under this Act.

PART VIII.

ProfecHon.

69. (1) In every foreign-going ship there shall constantly be a Ciumi of inodicino to

chest of medicine, selected by a duly qualified medical p r a c t i t i o n e r , ™

accompanied by directions for administering the same. an,u''j

(2 ) Such medicines shall be examined by a duly qualified To Uo oxaminod at

medical practitioner once at least in every year in which the ship is as have been used or spoiled.

(3) In default of having such medicine-chest so provided and PenaUy.

kept fit for use, the master or owner of such ship—

(a) shall supply and pay for such advice and medicine or attendance of medicid practitioners as any seaman or apprentice stands in need of in case of illness, at every port or place at which such ship may trade or touch during her voyage, without any deduction from the wages of such seaman or apprentice; and

{h) shall incur a penalty not exceeding twenty pounds.

70. (1) The master or owner of every foreign-trade ship shall !->‘mou-juicc, sugar,

also provide and cause to be kept on board such ship a sufficient quantity k"jJdo"'boaniV*''

of lime or lemon juice, or of such articles as the Minister sanctions as	nr	'
substitutes for lime or lemon juice, and also of sugar and vinegar; and if in any such ship such lime or lemon juice, or other article, sugar and vinegar are not so provided and kept on board the master or owner shall incur a penalty not exceeding twenty pounds.

(2) The master of every such ship shall serve out the lime and served out,

or lemon juice or other such articles as aforesaid and sugar and vinegar to the crew whenever they have consumed salt provisions for ten days, and so long afterwards as such consumption continues, the lime or lemon juice or other articles and sugar 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 member of the crew; and every such master shall ,

for every default under this enactment incur a penalty not exceeding

five pounds.

(3)

144   Act No. 46, 1898.

Seamen.

Default of owner.	(3) If any master is convicted in any penalty under this or the next preceding section, and it appears that the offence is owing to the act or default of the owner, such master may recover the amount of such penalty and the costs incurred by him from the owner.
Masters to keep	71. Every master shall keep on board proper weights and provisions and articles served out, and shall allow the same to be used at the time of serving out such provisions and articles in the presence of a witness whenever any dispute arises about such quantities; and in default shall for every offence incur a penalty not exceeding ten pounds,
weights and
nieasures or. board.	measures for the purpose of determining the quantities of the several
27 Vie. No. 13, s. 44.
Allowaneo for sl:ort	72. If during a voyage the allowance of any of the provisions in accordance with any regulation for reduction by way of punishment contained in the agreement, and also except for any time during which such seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore), or if it is shown that any of such provisions are, or have been during the voyage, bad in quality and unfit for use, the seaman shall receive, by way of comperbsation for such reduction or bad quality according to-the time of its continuance, the following sums in addition to and to be recoverable as wages—
or bad ])rovisi( rs.	which any seaman has by his agreement stipulated for is reduced (except
Ibid. s. 45.

[а) if his allowance is reduced by any quantity riot exceeding one- third of the quantity specified in the agreement—a sum not exceeding lourpence a day;

(б) if his allowance is reduced by more than one-third of such quantity—x sum not exceeding eightpence a day;

(c) in respect of such bad quality as aforesaid—a sum not exceeding one shilling a day:

Proviso. Provided that if it is shown to the satisfaction of the court before which the case is tried that any provisions the allowance of which has been reduced could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take such circumstances into consideration and shall modify or refuse compensation as the justice of the case may require.

Expense.s of medical 73. The following rulcs shall be observed with respect to expenses

attendance.	attendant on illness and death:—
Ibid. s. ()().

(a) The expense of providing necessary surgical and medical advice, attendance, and medicine for any seaman or apprentice injured in the ship’s .scrvica', unless such injury is caused by his misconduct, and of his subsistence until he is cured or dies or is brought back to Nev; South Wales, and the expense (if any) of his burial shall be defrayed by the owner without any deduction from his wages.

Act No. 46, 1898. 145

Seamen.

(b)	The expense of the temporary removal of a sick seaman or apprentice from his ship to prevent infection or otherwise for the ship’s convenience, and all medical expenses and subsistence as under the preceding subsection shall be defrayed in like manner.
(c)	All medical expenses as aforesaid to any seaman or apprentice while on board shall be defrayed in like manner.

{(I) In all other cases reasonable expenses incurred by the owner for any seaman in respect of illness, or the burial of any seaman or apprentice dying on service shall if didy proved be deducted from wages.

74. Any master or other person who wilfully and wrongfully Leaving seamen

leaves behind in any place on shore or at sea, in or out of Her Maiesty’s ’"'’''y' ■ ’> '

. . . . . . . r ‘ i r ' ^ 1 misdemeanour.

dominions, any seaman or apprentice belonging to any ship, beiore the 07 vie. No. 13, s. 62.

completion of the voyage for which such seaman or apprentice was

engaged or the return of the ship to New South Wales shall be deemed

guilty of a misdemeanour.

75. Any master who Master discharging

(rt) discharges any seaman or tipprentice in any phice out of New

South Wales without the sanction in writing indorsed on the misdcineanonr.

agreement of some officer of customs, or, if out of Her Majesty’s//nd, s. m.

dominions, of the British consular officer or of two resident

merchants there; or

(b) leaves behind any seaman or apprentice at any place out of

New South Wales without a certificiite in writing so indorsed from such functionary, officer, or person, as the case may be, stating the fact and its CiUise, whether unfitness or inability, desertion, disappearance, or other cause,

shall be deemed guilty of a misdemeanour.

76. Upon the trial of any information or other proceeding forpnmf ofsi/.i

so discharging or leaving behind any seaman or apprentice, it shall lie‘' ' ' ' ' i ' '

upon the accused to produce the sanction or certificate hereby required

’

or to prove that he had obtained the same before such discharge or

leaving behind, or that it was impracticable for him to do so.

77. Any person demanding or receiving from any seaman or iv.nUirs w ovor-

apprentice payment for his board or lodging in the house of such P'̂ 'iî on for a longer period than such seaman or apprentice has actually resided as a boarder therein shall incur for every such offence a penalty not exceeding ten pounds.

78. Any person receiving, or taking possession of or under his lA uaity fo - deuin-

control any moneys, documents, or effects of any seaman, or apprentice, effects,

and— ' .

(a) not returning the same or paying the value thereof when required by such seaman or apprentice, subject to any deduction lawfully due in respect of board, lodging, or otherwise; or

K (6)

146   Act No. 46, 1898.

Seamen.

(b) absconding therewith,

shall incur a penalty not exceeding ten pounds, to be forthwith paid to such seaman or apprentice in addition to the value of the moneys, documents, or effects aforesaid, subject to deduction as aforesaid.

Penalty for going on 79. Every person, not in Her Majesty’s service or otherwise

board before actual authorised bv hxw, going on board anv ship about to arrive before her ‘>7 Vic Xo 13 s 09 ^^tual arrival at the place of her discharge without permission of the

’ master, shall, for every such offence, incur a penalty not exceeding twenty pounds, tmd may forthwith be apprehended by the master and given into custody to be dealt with according to law.

PonaU V for solicita­	80. Whosoever—
tion by lodging-

lioua3 keeper. (a) within twenty-four hours after the arrival of any ship at any

Ibid. s. 70,

port in New South Wales solicits any seaman to become a

lodger at his lodging-house; or

(b) takes out of the ship any effects of any seaman, except under his direction, and by permission of the master,

shall, for every such offence, incur a penalty not exceeding five pounds.

PART IX.

Discifl ine.

Misconduct endan­	81. Any master, seaman, or apprentice who—
gering ship or life or

limb a	(а) by breach or neglect of duty, or through drunkenness, does
misdonieanour.	anything tending to the loss, destruction, or damage of the (б) refuses or omits to do any act required to he done by him for preserving such ship from loss, destruction, or damage, or preserving any person from danger to life or limb,

Ibid. s. 71. i ship, or to endanger life or limb; or

shall he deemed guilty of a misdemeanour.

Offences of seamen and

apprentices, and their	82. Any seaman or apprentice committing any of the following (a) For desertion : to he imprisoned for any period not exceeding three months with or without hard labour, or to forfeit all or any part of his wages or emoluments then earned.
jiuiiishments.

Jbid. s. 72.	offences shall be liable to be punished summarily as follows:—
Desertion,

Neglect or refusal to

{b) For neglecting (jr refusing without reasonable cause to join his ship, or to proceed to sea therein; or for absence without leave at any time within twenty-four hours of the ship’s sailing) from any port; or for absence at any time from his ship or^duty without leive not amounting to desertion or not treated? as such by the master: to be imprisoned for any period not exceeding two months with or without hard labour,

join, &c.

or

Act No. 46, 1898. 147

Seamen.

or to forfeit out of liis wages ten days’ pay, and for every twenty-four hours of such absence a sum not exceeding ten days’ pay.

(c)

For quitting the ship without leave after her arrival and before Quitting boforo ihip not exceeding one month’s pay.

(d)

For wilful disobedience to any lawful command or for insub- Disobedicnco. month with or without hard labour, or to forfeit out of his wages a sum not exceeding ten days’ pay.

(e)

For continued wilful disobedience to lawful commands or con- Continm-d not exceeding three months with or without hard labour, or to forfeit the whole or any part of his wages.

(/) For assaulting any master or mate: to be imprisoned for any Assault on omcois.

period not exceeding three months with or without hard labour.

{(j) For combining with any other of the crew to disobey lawful Combining to

commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage : to be imprisoned for any period not exceeding six months with or without hard labour.

(//) For wilfully damaging the ship or embezzling or wilfully wilful damage or

damaging any of her stores or cargo : to forfeit out of his tunbezziement.

wages a sum equal to the loss sustained, and at the direction

of the Court to be imprisoned for any period not exceeding

three months with or without hard labour.

(<) For any act of smuggling for which he is convicted whereby Smuggling lo tim

loss or damage is occasioned to the master or owner : to pay	owner,
such master or owner a sum siiffic’ent to reimburse such loss or damage, and to have the whole or a proportionate part of his wages retained to meet such liability without prejudice to any further remedy.

83.               (1) Where any seaman has without leave absented himself Absence witbout

for a period not exceeding twelve hours from his ship for the bona fide i7i7ga\%ro«!e!iings*

purpose of making an application for a writ of capias ad respondendum, 37 vic. No. 11, s. 2.

or of commencing an action at law, or of instituting any proceeding before justices, against the master or any officer of his ship, such absence shall not be punishable either as desertion or as absence without leave.

(2) Any master or officnr who, knowing that any seaman is Penalty on master

desirous of instituting any such proceeding or action, prevents him going on shore, or unreasonably refuses him leave for that purpose, shall be liable to a penalty of not less than two pounds or more than fifty pounds, recoverable in a summary way before any two justices.

(3)

148   Act No. 4G, 1898.

Seamen.

Proviso as to asking (3) Provided that this section shall not apply to any seaman

for leave. .̂ gPed for leave of absence for such purpose as aforesaid within seven days after the arrival of his ship in port, or, if the cause of action or prosecution accrued after such arrival, then within three days from its accrual.

Kntiy in ilic log	84.	U]ion the enmmission of anv offence aforesaid an entry thereof
of oIVciu-c and

ollVmlcr's defence.	shall be made in the loy-book and shall he signed by the master and
27 Vic. No. Ki s. 73.	also by the mate or one of the crew, and the offender, if still in the ship, shall be furnished with a copy of such entry or have the same read over to him. and may thereupon make such a reply thereto as he thinks fit, which shall also be entered and signed in like manner.
In any subsequent legal proceeding such entries shall be pro­ duced or ])roved, or in default thereof the court may, at its discretion, refuse to receive evidenoe of the offence.

T)es(‘rters may be	85. Whenever any seaman or apprentice is brought before any
sent on board in

lien of being	court on the ground of his having neglected or refused to join or to
imprisoned.	proceed to sea in any ship in which he is engaged to serve, or of having
Ibid. s. 74.	deserted or otherwise .absented himself therefrom without leave, such court may, u])on proof of the offence, instead of committing the offender to prison, if the master or the owner or his agent so requires and if such seaman consents thereto, canse him to be conveyed on board for the ])urpose of proceeding on the voyage, or deliver him to the master or any mate of the ship or the owner or his agent to be by them so conveyed; and may also, in any such case, order any costs or expenses properly incurred by or on behalf of the master or owner by reason of the offence to be paid bv tlu‘ offender, and if necessary to be deducted from any wages whi(di he has then earned, or which by virtue of his then existing engagenieut he may afterwards earn.
Penalty for false	86. -Any seaman who, on or before being engaged to serve in Such ]ienalty may be deducted from any wages he may earn by virtue of such enga.gement as aforesaid, and shall be ])aid and applied in the same ma.nner as other penalties payable under tliis Act.

stati'iiiont- as to last slii]), wilfullv makes a false statement of the name of his last ship,

/WrfTvo'™ ‘*1’ name, shall incur a penalty not exceeding five pounds.

Penalty for entieifig	87. (1) E\'('rv person who, by any means whatever, persuades, refuse to join, or to proceed to sea in, or to desert from., his ship, or otherwise to absent himself from his duty, shall for every such offence in respect of each siudi seaman or apprentice incur a penalty not oxcecd- itig ten pounds.
to (l(‘S(M‘l ;	or attempts to persuade, anv seaman or apprentice to neglect, or
Ibid. s. SO.

and harbouring (2) Every jierson who wilfully harbours or secretes any sea­

deserters.

man or apprentice who has deserted from his ship, or wilfully neglected

or

Act No. 46, 1898. 149

Seamen.

or refused to join, knowing or having reason to believe such seaman or apprentice to have so done, shall for every such seaman or a]iprentice so harboured or secreted incur a penalty not exceeding twenty pounds.

88. \¥hen any seaman who has deserted from any shi]) or has DcKiM-tion afu r

neglected or refused without reasonable cause to join his ship or to

proceed to sea therein is not apprehended until— i>y siiippini; mastiT.

[a) after the departure of such ship from New South Wales; or 7̂ Vic. No. ur si.

{h) so shortly before such departure that he cannot conveniently

be brought to trial prior to the same; or

(c) so shortly before such departure that the master cannot reason­

ably be expected to attend for the purpose of prosecuting him,

and of producing original documentary evidence against him,

the shipping master shall prosecute such deserter; and upon the hearing of the charge verified copies of the ship’s articles and of the entry in the log-book in which respectively such offender’s name appears shall be admitted as evidence against him.

89. Any seaman who, having deserted from his ship, secretes Penalty on seaman

himself on board any other ship, or elsewhere, with intent to evade apprehension or escape from his existing engagement as a seaman, shall incur a penalty not exceeding five pounds or be liable to imprison­ ment for any period not exceeding three weeks, with or without hard labour.

90. The master of any ship in harbour may give in charge to a Master may give

constable any seaman or other person who is drunk, riotous, or dis- a!sonie',jy'seaiiian. orderly on board such ship; and such seaman or other person shall &e., into custody, for every such offence incur a penalty not exceeding forty shillings, or,

in default of immediate payment, shall be imprisoned for any time

no exceeding two days.

91. On complaint of a master, or mate, or owner (or his agent) ivtontion of seamen

P 1 . 1 ,1 , 1 1 * 1 T j iroin one

01 any ship or vessel that any other ship or vessel proceeding to sea to another,

has on board any seaman who has deserted from such first-mentioned 4 vie. No. 17, s. s.

ship or vessel, any justice, officer of customs, or constable may detain 7 vic. No. di.ss. 1,2.

such seaman, and lodge him in safe custody until he is dealt with

according to law, notwithstanding that the name of such seaman is

inserted in any such list as is mentioned in section ninety-six hereof;

Provided that no seaman shall be so detained beyond such

reasonable time as may be necessary to bring him before a justice to

be dealt with according to law. .

PART

150   Act No. 46, 1898.

Seamen.

PART X.

V e s s e l s in p o r t .

D ivision I.—D u t i e s o f m a s t e r s .

List of crew to be 92. The master of every ship, other than ships trading coastwise

iieiiyered to shipping only, which arrivcs in any port or harbour where there is a shipping

ship. master shall, within twenty-four hours after such arrival deliver to the

17 Vic. No. 30, s. LI. shipping master a true list in writing containing the names of the crew and passengers of such ship, or in default shall forfeit a sum not exceed­ ing twenty pounds.

Ma.sters of ships 93. (1) The master of every ship, other than ships trading coast- from abroad to l e a v e wl i i c h has arrived from parts beyond seas in any port where .shi',yslrtiderwith there is a shipping master, shall, before leaving such port, deliver to •shipping master; shipping master a copy of the articles of agreement under which

r.nd. s. 10. such ship or vessel arrived, and shall produce the original thereof to the shipping master who shall compare the same with the copy, and the said master and the shipping master shall verify the said copy by their signatures.

and verified copies (2 ) The s.xi(l master shall also deliver to the shipping master, of entry of desertion.-.f required, a copy, to be compared and verified as aforesaid, of the

entry in the ship’s log of every desertion.

reniity.	(3) Any such master who refuses or neglects to comply with the provisions hereof shall, for such offence, forfeit a sum not exceeding twenty pounds.
Coa.sters liable to be,	94. (1) All sliips engaged hi the coasting trade shall be liable harbour of Port Jackson for the purpose of discovering and apprehend­ ing therein any deserters from other ships of whatever description, and belonging to whatever Nation or State.
searched for
deserters.	to be searched by any constable or officer of police in any part of the
Ibid. .s. 20.

Penalty. (2 ) Any master or other person in charge of such ship so

liable to be searched who—

(а) refuses to permit such officer or constable to board or thoroughly search such ship ; or

(б ) does not when called upon so to do by any such officer, or when any police boat is within sight, and approaching such ship, whilst under sail or steam cause the same to be hove to as soon as conveniently may be for the purpose of enabling such boat to overtake and board such ship,

shall upon conviction of such offence forfeit a sum not exceeding twenty

pounds.

hfSgroAl̂ e'dcckat masters of all ships in port, except such as are pi ti.nes and challenges laid up or moorcd to any wharf, shall at all times as well by day as orticers to be answered, by night have at least one mate or seaman or apprentice in charge ot ‘̂7*vic' No 13 s 3 the person having such charge, and all

"" ' ' ’ ’ ' persons

Act No. 46, 1898. 151

S e a m e n .

persons having the charge of or being on board of any boat within the port, shall answer to the challenge of any justice or officer of customs, or any inspector, or other member of the police force.

(2 ) Whosoever fails to comply with the provisions hereof shall renaiiy .

for every such offence upon (jonviction thereof forfeit a sum not exceed­

ing five pounds.

96. (1) The master of every ship or vessel about to leave any .Masters of vessels to

port or harbour in New South Wales shall, before clearing out at the

custom-house, deliver to the chief executive officer of the police of departure.

such port or harbour a true and correct list in writing, containing thei vie. No. n, s. ti.

names of the crow and passengers, and all other jiersons intending to

proceed to sea in such ship or vessel, and such list shall also show the

disposal of such of the crew who arrived in such ship as are not then

proceeding to sea in such ship.

(2) Any such master of any such ship or vessel who— Penalty.

{a ) refuses or neglects so to furnish such list within the time afore- u m . ss. o , o , :u.

said; or (fi) delivers any such list with any wilful omission or misstate- " 7^Vic. No. 21, ss. n,

ment of the particulars aforesaid; or

(c) suffers any person whose name is not contained in any such list to embark on board any such ship,

shall be liable for every such offence to a penalty not exceeding fifty pounds, recoverable in a summary way before any one or more justices:

Provided that no such master shall be liable to such penalty for Proviso,

suffering any person whose name is not contained in such list to embark as aforesaid if the name of such person is contained in the custom-house clearance, and notice thereof has been given to the chief executive officer of the police.

97. If after the clearance of any such ship at the customs any Persons found on

person is found on board whose name is not contained in such Ifist-

mentioned list, and who is not able satisfactorily to show that he docs detained.

not intend to proceed to sea in such ship, any justice, officer of customs, 4 Vie. No. 17, s. 7.

or constable may, with such assistants as they respectively may require,

detain such person and lodge him in safe custody until he is dealt with

according to law: '

Provided that no such person shall be so litible to be detained or Proviso,

lodged in custody if his name is in the custom-house clearance and' Vic. No. 21, s. is.

notice thereof has been given to the chief executive officer of the

police.

98. (1) No master of a ship about to proceed to sea from a n y Vessels not to init to

port or harbour in New South Wales shall weigh anchor until such

ship has been duly examined and searched, and, having weighed anchor anchor,

after such search and examination, such master shall not suffer

ship to be brought up, or laid to, or to deviate from her course jjo 21 s 0

within the limits of any such port or harbour unless compelled by ’

stress

152   Act No. 46, 1898.

S e a m e n .

stress of weather or other unavoidable cause, or to be boarded by any boat or vessel whatever (excepting pdot boats or police or customs boats, or any boat belonging to such ship), unless in cases of unavoidable necessity, the proof whereof shall lie on such master.

Penalty.

(2 ) Every master who offends against any of the provisions of this section shall, for every such offence, be liable to a penalty not exceeding fifty pounds, recoverable in a summary way before any one or more justices.

Provi.so.

19 \'ic. Xo. 90.

(3) Provided that nothing in this section or in any other enactment or regulation shall be construed to prohibit any ship from being brought up or anchored or laid-to in Watson’s Bay, in the

harbour of Port Jackson, after having weighed her anchor in the said

harbour.

Penalty on ma.‘;tor of99. Any mister of anv ship in any port or harbour in New

a iwriô ironToant” Soutli Walcs wlio kiiowiiigly and wilfully conceals or allows to be con-

4 Vic. Xo. 17, s. 7 t ’ic. Xo. 21, s.	1-2.	cealed any person on board such ship, shall be guilty of a misdeameanour,
7.	and on conviction thereof before any one or more justices shall forfeit

a penalty not exceeding one hundred pounds.

Pcr.sons dying on 100. Whenever any pm’son dies on board any ship or other

blnkVoTshore'' vcssel 01' boat lying in any port or harbour in New South Wales, the

4 Vic. Xo. 17, s.-i. 22, ™̂®'ter or other person in charge of such ship, vessel, or boat shall, as

: u .	soon thereafter as conveniently may be, cause the body of such person
7 Vie. Xo. 2i, s. 6.	so having died to be brought on shore and interred; and every such master or other person neglecting or failing so to do shall for every such offence be liable to a penalty not exceeding twenty pounds, to be recovered in a summary way before any one or more justices.

Divi.siox II.— O ffen cea b y s e a m e n a n d o th er 'persons.

Insubordination 101. Upon comjilaint on oath made by the master of any ship

upon vessels in port.	registered in New Smith Wales, and being within any port or harbour
4 Vic. Xo. 17, s. 19.	in New South Wales, against any seaman or any other person employed
7 Vic. Xo. 21, s. 9.	or being in or about or upon siuJi ship for insubordination, or refusal to work, or indting or attempting to indte any other person engaged on board such shi|) as aforesaid to the commission of any such offence, any justice may direc t one or more cauistables to apprehend tlie party in any way so offending and bring him before such or any other justice, who shall incpiire into the matter of such cacmplaint. Upon jiroof of any such complaint the justice before whom it is heard may commit the offender to gaol for any term not exceeding three months, with or without hard laliour.
Persons going

alongside or on 102. (!) If any person not being in the service of the police

hoard ships	or customs, or being otherwise duly authorised, goes on board, or remains
between sunset and
sunrise.	alongside any ship in any port or harbour in New South Wales at any
4 Vic. No. 17, s. IS.	time after sunset and before sunrise without the permission of the

7 Vic. Xo. 21, .s. 6. master

Act No. 46, 1898. 153

Seamen.

or otlier person then in charge of such ship, any justice, officer of customs, police officer, or constable, or the master or person in charge of such ship may lodge and keep, or cause to be lodged and kept, in safe custody such person so offending, who shall be brought before a justice on the following morning.

(2 ) Every person shall, on conviction for every such offence, ivnaity. ,

forfeit a sum not exceeding twenty-five pounds, unless it is made to appear to the satisfaction of the justice before whom he is convicted that such person was so on board or alongside such ship by unavoidable accident or for some lawful purpose.

103. Whosoever— aamâ fi."'boat«°“

(a ) wilfully destroys or damages any vessel or boat belonging to, iT'-2i

or hired or employed, in any port or harbour in New South - yĵ , constable, or by anyone acting for or under or by authority of any one of them, or the sails, oars, tackle, or other gear or furniture, or the stores or other articles contained in or belong­ ing to any such vessel or boat, or any part thereof; or

(b) attempts to commit, or is in anyway concerned in committing or attempting to commit, any such offence,

shall, on conviction before any two or more justices, forfeit for every

such offence a penalty not exceeding ten pounds, and shall also make	.
good the damage so done, together with the reasonable costs and charges attending the recovery of the same, or shall suffer imprisonment for any period not exceeding three months.

104. Whosoever--- Penalty for obstruct-

(«) resists or wilfully obstructs any justice, officer of customs, P'>lice officer, constable, or any of their respective assistants, whilst 4 ̂ jg

searching for or endeavouring to secure any person on board, 7 Vie. No. 21, s. 8.

or reas'jnably suspected to be on board, any ship in any port

or harbour in New South Wales, or in any house or place on

shore; or

(b) rescues or assists, or attempts to rescue or assist, any such person,

shall be deemed guilty of a misdemeanour, and upon conviction thereof shall suffer such punishment by fine and imprisonment, or by fine or by imprisonment, for any term not exceeding six months, as the court before which such conviction is had shall determine.

D ivision III.—P o w e r s o f j u s t i c e s a m i c o n s ta b le s .

105. Any justice, police officer, or constable, with such assistants Vessels may bo

as he may require, may board and search any ship in any port or

harbour in New South Wales whenever he has reasonable ground for 4 vie. No. 17, ,s. 4.

believing such search to be necessary in execution of his duty under

this part of this Act. D ivision

154   Act No. 46, 1898.

Seamen.

D ivision 4.—Procedure.

Appropriation of	106. One moiety of all fines and penalties recovered under this
penalties under this

part.	part of this Act shall go to the use of the party informing and suing for
4 Vic. No. 17, s. 41.	the same; and the other moiety thereof, and all other the sums of money collected, levied, or received under the provisions '̂of this part of this Act, shall be paid to the Treasurer, and be appropriated to the purposes of carrying this Act into effect.

Appeal to Quarter 107. Any person who thinks himself aggrieved by the imposition

Sessions.	of any fine or penalty above the sum of ten pounds, or by any act done by
Ibid. s. 37.	any justice in execution of this part of this Act, may appeal against such penalty or act to any Court of Quarter Sessions holden for the district, or nearest to the district, in which such cause of appeal happened:
Proviso.	Provided that such appeal shall be prosecuted within six months from the imposition of the fine or doing of the Act appealed against, and that notice of such appeal, according to the law in force for the general regulation of appeals of the like nature, shall first be given by the appellant.

Costs. 108. (1) Where any such appeal is dismissed or abandoned or

Ibid. s. 3S. the judgment so appealed against is affirmed, the Court of Quarter Sessions to which such appeal was made, or intended to be made, shall adjudge and order that the appellant shall pay to the justice to whom such notice of appeal was given such sum by way of costs as the said Court thinks reasonable. If the appellant refuses or neglects forthwith to pay such sum, the said Court may thereupon order him to be com­ mitted to any gaol, there to remain till such sum is paid.

Justices may be (2 ) In every case in which a judgment so appealed against

indemnified. - is reversed, such Court may order that the justice whose judgment is so reversed shall be indemnified from all costs and charges to which he has been put by such appeal, and may make a recommendation to that effect to the Governor, who, upon such recommendation, may cause a sufficient sum for that purpose to be paid from the Treasury.

No certiorari. 109. (1) No conviction under this part of this Act, nor any adjudi­

Ibid. s. 39.

cation made on appeal therefrom, shall be quashed for want of form, or

removed by writ of certiorari or otherwise into the Supreme Court.

void.

Process not to be (2 ) No writ of commitment or distress which alleges a good

and valid conviction shall be held void by reason of any defect therein.

Penalty on

witnesses. 110. If any person is summoned as a witness before any justice

Ibid. ss. 34 and 3fi.	to give evidence under this part of this Act on behalf either of the
7 Vic. No. ‘21, s. 6.	prosecution or of the pers >n accused; and

(а) neglects or refuses to appear at the time and place appointed without a reasonable excuse to be allowed by the justice; or

(б ) appearing, refuses to be examined and give evidence,

such person shall forfeit a penalty not exceeding thirty pounds, recover­

able in a summary way before any one or more justices.

" ■ 111.

Act No. 4G, 1898. 165

Seamen.

111.               (1) No action shall lie against any justice, officer of customs, Xo action under this

police officer, constable, or other peace officer, or any person acting }|roof'of maiiw.*

under any of them, for anything done under this Part of this Act, unless 4

ô. 17, s. 40.

there is direct proof of corruption or malice, and unless such action is

commenced within three months.

(•2) In any such action, if the plaintiff discontinues or is Defendant's costs,

nonsuited, or if judgment after verdict or on demurrer is given for the

defendant, the defendant shall have treble costs. .

PART XL

M i s c e l l a n e o u s m a t t e r s .

112. The Oovernor may make such regulations, not inconsistent Ueeniations f<n-

with any provisions of this Act, as appear necessary to provide for all

such matters of detail not expressly determined by enactment, mid	y|,, y,,. i:i. s. s t.
gtmerally for the purpose of Ciirrying this Act into full effect.
Such regulations upon being published in the Gazette shall have the force of law; and copies thereof shall be laid before both Houses of Parliament forthwith if then sitting, or if not then within fourteen days of the opening of the next session.

113. It shall be the duty of the Inspector-General of Police to Ptiiicc imat.s to

cause not less than one boat with a sufficient crew of constables to patrol

the harbour of Port Jackson, for the purpose of preventing desertion '' '"'

" '

and preserving order, at all hours between six o’clock in the evening

and six o’clock in the morning.

114. If any waterman licensed in Port Jackson is convicted of Pmvoi- to oamci

any felony or misdemeanour, or in any manner aids and abets any	ii.cnsr.
breach or evasion of this Act, or t>f any other Act for preventing the desertion of seamen or for regulating their engagement or discharge, any stipendiary magistrate may cancel wholly or suspend for any period of time the license of such Wiitcrman.

115. Printed forms of agreements, certificates of discharge, i>,;„ti.,i form:< to Ih -

mutual releases, and of till other documents required to be used under

this Act shall be supplied at the shipping office to all persons who apply	,,
for the same, at such reasonable prices for the purpose of covering the cost thereof as the shipping master may with the approval of the Minister determine.

116. Whosoever commits any offence against this Act for which ponaiUcsforoircnces

no penalty is herein expressly enacted shall incur a penalty not exceeding /• 1 Iftld. s. H (»,

five pounds. 117. All penalties and forfeitures incurred under this Act may iicooveiy and appii-

be recovered before any stipendiary magistrate or before any two justices; and if not hereby specifically appropriated shall be paid to the Treasurer, to be by him carried over to the Consolidated Revenue

Fund. 118.

156   Act No. 46, 1898.

S e a m e n .

Document proved

without calling 118. Any document required by this Act to be executed in the

attesting witnesses.	presence of or to be attested by any witness may be proved by the
4 Vic. No. 17, s. 26.	evidence of any person who is able to bear witness to the requisite facts
27 Vic. No. 13, s. 88.	without calling any attesting witness.
Sums ordered to bo

]>aid leviable by 119. In all cases, except under section eighty-three or under

distress on ships.

Part X, in which any court or tribunal has power under this Act to

Ibid. s. 89.

direct payment of any wages, penalty, or other sum of money, and the party directed to pay the same, being master or owner of a ship, does not pay the same at the time and in the manner prescribed by the order, the court or tribunal lawfully making the order may, in addition to any other of its powers in that behalf for the purpose of compelling such payment, direct the amount or the portion thereof remaining unpaid to be levied by distress and sale of the ship, her tackle, furniture and apparel, or a sufficient part thereof, and such sale shall be made accordingly.

SCHEDULES.

Section 2. FIRST SCHEDULE.

Reference to Act. Title or short title. Extent of repeal.

4 Vie. No. 17 ... An Act for the further and b itte r regulation and govcrnnicnt of seamen within th( The whole unrepoali d

port;on.

Colony of New South Walcs and its Uopen dcncies, and for establiKhing a water police.

7 Vic. No. 21 ... An Act to arn/uid an Act intituled “ An Act for the further and better regulation am The whole uniepealod

portion.

government of seamen within the Colony ol New South Wales and its Depeudcucies and for cstabli.shing a wati.r jiolico.” and furtln r to amend the law relating to tin government of seamen in the merchant servii e.

13Vic. No. 30 ... An Act to amend the law relating to vessels The whole.

about to leave the Colony of New South

Wales.

17 Vic. No. 36 ... An Act to amend the law.s ridating to th(> The whol(! unrepealed

engagement, discharge, and desertion oi	portion.
ficanmn, and for the regulation of seamen’s lodging-houses, and for the better manage­ ment of the water police eh^partinent.

27 Vie. No. 13 ... Seamen’s Laws ('onsolidation Act of 18(i4 ... The whole.

28 Vic. No. 5 ... Seamen’,s Laws Amendment Act of 18()5 ... The whole.

37Vic. No. 11 ... Imj)risonment on Civil Process Act Amend­ Section two.

ment Act of 1874.

43Vic. No. 6	... Islanders’ Shipping Engagements .4id,...	... The whole.
47Vic. No. 1	... Seamen’s Laws Amendment Act of 1883	... The whole.

SECOND

Act No. 46, 1898. 157

Seamen.

SECOND SCHEDULE.

Declaration to he made hy skip-ping master.

I do solemnly and sincerely declare th a t I will faithfully and truly perform Section 6.

the office and duty of shipping master according to the true intent and meaning of the Seamen’s Act, 1898, and th a t I will not cither directly or indirectly personally or by means of any other person or persons on my behalf receive any fee, reward, or gratuity whatsoever by reason of any duty of my office as shipping master, except such as aio authorised by the said Act, and tha t I will act without partiality, favour, or affection, and to the best of my knowledge and ability.

THIRD SCHEDULE.

F ees to be charged for engagements and discharges of crews and seamen howsoever Section 8.

made, the same to be paid to the shipping master at the port where the engagements

or discharges take place

1. Engagement of crews. £ s. d.

In ships under 30 tons ... ... ... ... ... ... 0 2 0

30 to	60	,,	...	...	...	...	...	...	0	4	0
CO to	100	,,	...	...	...	...	...	...	0	7	0
100 to	200	,,	...	...	...	...	...	...	0 15	0
200 to	300	,,	...	...	...	...	...	...	1	0	0

300 to	400	,,	...	...	...	...	...	...	1 5 0
400 to	500	,,	...	...	...	...	...	...	1 10 0 .

■ 500 to 600 J > . . . . . . . . . . . . . . . ... 1 15 0

COO to 700 j, ... ... ... ... ... ... 2 0 0

700 to 800 >	>	...	...	...	...	...	...	2	5	0
8CO to 900 . 5	...	...	...	...	...	...	2 10	0

■ 900 to 1,000 ,, ... ... ... ... ... ... 2 15 0

And so on for ships of larger tonnage, adding for every 100 tons above 1,000 five

shillings.

2. Engagement of seamen separately.

Two shillings for each.

3. Discharge of crews. £ s. d.

In ship.s under CO tons , ... ... ... ... ... 0 4 0

CO to 100 ,, ... ... ... ... ... ... 0 7 0

■ 100 to 200 55 ... ... ... ... ... ... 0 15 0

200 to	300	•5	. . .	. . .	. . .	. . .	. . .	...	1	0	0
300 to	400	• 5	...	...	...	...	...	...	1	5	0
400 to	500	...	...	...	...	...	...	1 10	0
500 to	COO	5 5	...	...	...	...	...	...	1 15	0
COO to	700	55	...	...	...	...	...	...	2	0	0
700 to	800	55	...	...	...	...	...	...	2	5	0
800 to	900	...	...	...	...	...	...	2 10	0

900 to 1,000 . , ... ... ... ... ... ... 2 15 0

And so on for ships of larger tonnage, adding for every 100 tons above 1,000 five

shillings.

4. Discharge of seamen separately.

Two shillings for each.

S u m s t o b e d e d u c t e d f r o m W a g e s b y w a y o f p a r t i a l r e p a y m e n t o f a b o v e F e e s .

1. In respect oj engagements and discharges of crews.

Upon each engagement and each discharge from the wages of each seaman—sixpence.

2. In respect of engagements and discharges of seamen separately.

Upon each engagement and each discharge—sixpence.

FOURTH

158   Act No. 46, 1898.

Seamen.

FO U R TH SCHEDULE.

Section 17.

A n agreement made ki pursuance of the Seamen’s Act 1898, 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 tliey severally hereby

engage to serve on board the said ship in the several capacities expressed against their

respective names on a voyat;e from the port of to

\Jiere the intended voynqe is to he described as nearly as can he done and the places at which it is intended the ship shall touch, or i f that cannot he done the nature o f the voi/aqe in which she is to be emploifed, and also ichen practicable the probable duration o f the voyage, and i f a runninq agreement the several voyages or trips fo r which the seamen are enqagcd, and the limits as near as may be both o f time and place within which such voyages are to be comprised, and the. fina l place o f discharge] and the said crew further engage to conduct themselves in an orderly, faithful, honest, careful, and sober manner, and to bo 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 or in bo.ats 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 o f this Act] in consideration of which services to be duly, honestly, carefully, and faithfully performed the said master doth hereby promise and agree to pay to the said crew by way of compensation or wages the amount exprcsseil against their respective names. And it is hereby agreed that any embezv.lement 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 w.agcs (so far as thev will extend) of the seamen guilty of the same, and if any seaman shall have entered himself as qualified for a duty for which he shall prove not to bo competent he shall be subject 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 mentioned against their respective signatures.

|1 if

Place and tim e t i t l i i

of i j l |

entry. ill y: fi I .

OC.S li

St	19	1»
* i r

•|§

;::	P	f I
o 3
I*
“̂1

11

!ifi	I	i-rl 1|!
hB i

H

i | .

■sS

I

H

if ,

6l

[Special place or form in the duplicate retained by the master for the descriptions and signatures of

substitutes or persons engaged subsequently to the first departure of the ship.]

{Signature o f master])

{Shipping master's name as ivitness.)

Section 32. F IF T H SCHEDULE.

Snip’s A r t i c l e s o f A g r e e m e n t .

Intercolonial and (or) Foreign-going. No.

Port No. and Registered Nominal horse­

Name of ship. Official No. Port of registry. date of register. tonnage. power of engines.

Ft

Act No. 46, 1898. 169

Seamen.

Managing owner. Master.

Name. Address. Name. No. of certificate. Address.

j

Scal3 of provisions to be served out to tlie crew An agrocmont made in pursuance of

during tlie vojago.

section thirty-two of the Seamen’s

Act, 1898, between

HD U 6

«3 g oi

■S s S b c

£ o d

n i 1

11) l b l b l b o z . O Z . O Z . q t s .

S u n d a y ..................... 1 1 i

M o n d a y ..................... 1 1 i

of the

T u e i ^ d a v ............. 1 1 i . . . k . t i . i ; ,

W e d n e s d a y . . . 1 1 i

r i i i i r s d a y .............. 1 1 i -i\-f - In iM CO

E r i d a v ..................... 1 1 all of the port of Sydney, New South

S a t u r d a y ........... 1 1 i . . . "Wales, of which vessel

Equivalent substitutes for all or any of the above may be issued at the master’s dis?retion, such as fish or pork for beef, yams or jiotatoes for Hour or rice, &c. is the present master, and the several

Lime or lemon juice and sugar or other anti-scor­ persons whoso names are subscribed

butics to be issued according to law.

___ ____ ______________________ hereto.

Tt is agreed by the .said persons, and they severally hereby engage, to serve on board the said ship for the term of this agreement, in the several capacities set against their respective names, on voyage from the port of Sydney, New South "Walos, to'

And Iho said crew engage to conduct themselves in an orderly, faithful, honest, careful, and sober manner, and to he at all times diligent in their respective duties, and to he obedient to the lawful eomm.'iiuls of the master in everything relating to the said ship and the materials, stores, and cargo thereof, whether on hoard such ship or in boats or on shore"

In consideration of winch services to be performed the said master doth hereby promise to pay to the said crew, by way of wages, the amount e.xpressed against their respective names. And it is hereby agreed that any cmhezzlcim'iit or wilful or negligent loss or destruction of any part of tlie shijt’s cargo or stores shall be made good to the owner out of the wages (so far as they will extend) of the seaman guilty of the same. And if any seaman shall have entered himself as qnalitied for a duty for which he shall not jirove competent, he shall he subject 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 mentioned against tlioir respeetivo sigiiatiires.

Signed hy witnessed hy on the day of 18 .

Shipping master.

’ Here the intended voyage i.s to be de.scriljed ns neai ly as can he done, and the ))haecs at wliicli it is intended tlie sliip sliall touch, or, if tliat cannot lie done, tlic nature of the voyage in whioli she is to be employed, and also, when practicable, tlie prohalile duration of tlie voyage ; and if a running agroeinent, tlio several voyages or trips for which tlie seamen are engaged, and the limits as near

y

as may ho both of time and place within which such voyages are to be comprised, and the final

port of discharge.

’ Here may he inserteil any other clauses which the parties may think proper to he introduced into

the agreement, provided that the same be not contrary to or inconsistent with the provisions and

spirit of this Act. .

Name

oo

Xante o f Ship. Ayreemcnt Xo

P articu la rs of Discharge, Jtc.

T o he f i l l e d i n b y th e w a a te r

P articu lars of Eiij,^ag-ement. Release (la te M).

v p o n th e d ix c h a r t jc , d e a th ,

o r d e s e r t io n o f a n y m e m b e r

o f h i s c r e w .

Ship in	°3	■	Date, ])laco, and	We, the umiersignccl, tnem-
which he	caiHe of lea\ ing lliis

j o i m n i t I _ r i t . .2 ill! •sis Ihm’s of th e crew of tfiis ign;

last served. t i n s ship . ^ , i sliij), o r <if death. do lierel>\ release th is ship in itia ls of Super­

'	Ml	'	: f t |	•̂2	fi	i5|	s i	ami ihe m aster and owner
or ow m rs tliercof from all

in tenden t. (,’on-

snl, or otticer of

^ ' Signatures if

H

ot.	S|c	It	claims for wag(*s or ol herwiso
in respect of th is voyage.

Custom s before

pH I of Crew. J '2i=§i= =1

whom the

2.SS balance of wages

- ii*5 li Sig’tia tnres of crew (each was paid and

I p to he on the line on which release signed.

I HU ̂ S I fliMi ' = 4 a s '3 P ■5 = he sigmed in col. 1.) o rt-

!) I 1-2

p

Cti a

I M aster to	Master.
J sign first;

GO

O

CO

* If any m em ber of the C',:'ew en ters H er M ajesty 's Service the nam e of the Queen’s ship in to which he en ters is to be s ta ted under th e head of “ of^ l e a r i n n th e s h i p . ” Thus : H.M.S.

“ R evenge,” and the o th e r causes of leaving the ship should be briefly s ta te d —th u s : “ d ischarged,” “ deserted ,” “ le ft s ick ,” “ d ied .”

Certificates or indorsements made hy Consxds or hy Officers in British Possessions abroad.

Act No. 46, 1898. 161

Seamen.

SIX TH SCHEDULE. Section 35.

Certificate o f diachanje.

Name of ehip. OIBcial number. Port of registry.

Registered tonnage. Description of vojnge or emploTment.

Capacity.

Name of seaman

Place of birth

Date of birth

Date of entry. j Date of discharge. Place of discharge.

I certify that the above particulars are correct, and that the above seaman was discharged accordingly.

Dated this day of ,1 8 .

(^Siffiteil)

W itness— Master of the ship.

SEVENTH SCHEDULE. Section 3'J.

Iteporf o f conduct, character, and qualif cations.

I £ r~ o

Ef'port of If master declines

Name I i to give opinion

of ■s on any

«4-t ■s|

jiarticulars, here

ship.

I s Conduct. Character. Qualification.

state on which.

iAh I

I hereby certify that the above is a true report of the conduct, character, and qualifications of the several seamen above named discharged by me before ,

•shipping master, this day of , 18 ,

(^Signed)

W itness— Master.

- - - E IG H T H

162   Aet No. 47, 1898.

Foreign Seamen.

Section 48. EIGHTH SCHEDULE. Form of mutual release.

The midoreigncd, A.B., master of the ship , and C.D., a seaman,

recently serving on board the same, hereby declare that the agreement entered into between them from the day of , 18 , has been duly fulfilled on both sides, and tha t all wages earned by the said C.U. have been fully paid or satisfied, and that he has been and is fully discharged from his said service. And the said parties hereto do hereby mutually acquit and release each other from all further claim under the said agreement or in any other respect arising out of the engagement thereby made.

In witness whereof, we have hereto set our hands this day

of 5 18 ,

. {Signed) Master.

Witness— Seaman.

Shipping master. . >

Sections 53, 54.	NINTH SCHEDULE.	!
Form oj allotment note.

I, A.B., a seaman, engaged to serve in the’ eapaeity of on board

the sliip . C'.D.. master, on a voyage [here describe the intended voyage]

do hereby allot to E.F. [describe who it is. whether ivife, child, or otherwise] (Here state the precise sum—or the proportionate amount—of the wages to be earned by A.B., which he hereby authorises to be paid over to E.F., and the periods at which such payments arc to be made.)

{Signature of seaman.) ‘

Witness—A.B. ,

I hereby issue and give this Allotment Note.

Signature of owner, master, or authorised agent.

Witness—A.B. .