Seamen’s Laws Consolidation Act 1864 No 8a (NSW)

No. XIII .

An Act to amend and consolidate the Laws relating to Merchant Seamen. [22nd April, 1864.]

it therefore enacted by the Queen's Most Excellent Majesty by and WHEREAS it is expedient to amend and consolidate the Laws relating to Seamen in the Merchant Service of the Colony Be

" Owner"—Every person to whom any ship or any part or share thereof or therein shall belong. " Master "—

with 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 :—

1 . This Act shall be styled and may be cited as the " Seamen's

Laws Consolidation Act of 1864" and shall commence and take effect on the second day of May next.

2. The following terms in inverted commas shall for the pur­
poses of this Act when not otherwise expressed and unless the context
otherwise indicate bear the meanings set against them respectively:—

"Ship"—Every description o£ vessel used in navigation not

ordinarily propelled by oars.

" Intercolonial Ship " — Every ship engaged in trading between any port in this Colony and any other such port or any other Australasian Colony including Tasmania and New Zealand.

"Eorcign-trade Ship"—Any ship trading to any part of the world not comprehended in the term Intercolonial.

"Master"—Every person except pilots having charge or com­ mand of any ship.

" Seaman"—Every person employed or engaged in any capacity on board any ship except masters pilots and apprentices and except persons temporarily employed on board any ship in port.

"Apprentice"—Every person bound by indenture for the sea service to any such owner or master.
"Shipping Master"—Every officer duly authorized for any specified duties of Shipping 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 shall be and shall include any deputy of such Shipping Master in respect of any duties or acts which such deputy may be authorized to perform.
" Minister "—The Minister for the time being administering this Act and the Minister for Finance and Trade shall be such Minister.

" Justice "—Any Justice of the Peace.
" Desertion"—The absence of a seaman or apprentice from his

ship without leave for a period of forty-eight hours without lawful cause or excuse or any unlawful departure or absence from his ship with the intention of not returning thereto.

" Discharge "—The certificate of the discharge of a seaman from the last ship in which he served.

And the word " Agreement" shall besides its ordinary meaning include also the Ship's Articles whether written or printed or partly written and partly printed.

3. The Acts and parts of Acts specified in the first Schedule

hereto are hereby repealed Provided that nothing done or in progress
thereunder shall be affected by such repeal.

4. The remainder of this Act shall be divided into the following seven parts relating severally to—

Part I—Shipping Offices and Masters.
Part II—Apprenticeship to the Sea Service.
Part I I I—Engagement of Seamen.
Part IV—Wages and Discharges.
Part V—Protection.

Part VI—Discipline.

Part VII—Miscellaneous matters. PART I .

SHIPPING OFFICES AND MASTERS.

5. The Governor with the advice of the Executive Council may establish Shipping Offices at Sydney and at any other ports and may appoint a Shipping Master to each 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 And each such Shipping Master shall before entering upon 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 hereto.

6. The following shall be the general duties of Shipping

Masters:—

To facilitate the making of apprenticeships to the sea service.
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 this

Colony. To

To perform such other duties relating to merchant ships and seamen as are expressly committed to them by and under the provisions of this Act.

7. The fees specified in the third Schedule hereto shall be payable to the Shipping Masters upon all engagements and dis­ charges effected under the provisions of this Act And the Minister sball cause tables of such fees to bo conspicuously placed in the Shipping Offices and the Shipping Masters may refuse to proceed with any engagements or discharges until the fees are paid And the owner or master engaging or discharging any seaman 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 And 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 Avhich seamen are by this Act enabled to sue for and recover wages not exceeding fifty pounds And all fees payable to the Shipping Master under this Act shall be accounted for and paid by him to the Colonial Treasurer and by the said Treasurer be carried over to the Consolidated llevenue Pund.

8. Any Shipping Master or any deputy clerk or servant in any Shipping Office who demands or receives any remuneration whatever directly or indirectly for hiring or supplying any seaman for any ship or for the discharge of any seaman beyond the lawful fees shall for every such offence incur a penalty not exceeding twenty pounds and may be dismissed by the Minister.

9. By direction of the Minister at any place where there is no Shipping Office the whole or any part of the business of such office may be conducted at the Custom House And the Officer of Customs there conducting such business shall for all purposes be deemed a Shipping Master.

PAKT I I .

APPRENTICESHIP.

10. All indentures of apju'enticeship to the sea service shall be
executed by the apprentice and the person to whom he is bound in

the presence of and be attested by a Justice who shall before such

is of sufficient health and strength—and if under twenty-one years old

execution satisfy himself that the intended apprentice has freely consented to be bound—has attained the age of twelve years—and

is not acting against the will of his parent or other lawful guardian— and that the master to whom he is bound is a proper person for the purpose Provided that all such indentures whereby any person under the age of twenty-one years shall be bound without the concurrence of his parent or guardian shall in all cases where by law the consent of sueh parent or guardian is necessary to make the same binding upon him or her be voidable by such parent or guardian.

1 1 . All such indentures of apprenticeship shall be in duplicate

and every person to whom any apprentice is so bound in the Colony shall within seven days after the execution of the indentures take or transmit the same to the Shipping Master who shall record and keep and preserve one copy in his office and indorse a memorandum of such recording on the other copy and redeliver- it to the master of the apprentiee And whenever any such indentures are assigned or cancelled or any such apprentice dies or deserts—his master shall—if such assign­ ment cancellation death or desertion happen within the Colony within seven clays thereafter or if elsewhere so soon afterwards as circumstances

permit

permit—notify the same to the Shipping Master to be also recorded And every such master of an apprentice failing to comply with this enactment shall incur a "penalty not exceeding ten pounds.

12. All such apprenticeships made by the authorized officer of any public or charitable institution shall subject as nearly as may bo to the foregoing provisions be made in the same manner and be subject to the same laws and regulations as other apprenticeships made by the same persons the form of the indentures being appropriately altered to meet each case.

13. The master of every ship except ships of less than eighty tons registered tonnage exclusively-engaged in trading or going to places within or on the coast of this Colony shall before carrying any apprentice to sea from any place in the Colony 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 And the name of such apprentice with the date of such inden­ tures and of every such assignment and the name of every port at which the same shall have been registered shall be entered on the ship's articles And the master shall for every default in obeying any provision of this section incur a penalty not exceeding five pounds Provided that in the case of Intercolonial ships it shall not be necessary to cause the apprentice to appear before the Shipping Master more frequently than once in twelve months.

PART I I I .

ENGAGEMENT OF SEAMEN.

11. The following offences relative to the engagement of seamen shall be punishable as hereinafter mentioned :—

(1.) Whosoever in this Colony not being the owner or master or mate of the ship—or the bond fide servant and in the constant employ of the owner—or 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.

(2.) Whosoever knowingly receives or accepts to be entered 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.

(3.) Whosoever contrary to this Act demands or receives directly or indirectly from any seaman or apprentice or from any person seeking employment as such or from any person on his behalf any remuneration whatever for pro­ viding him with employment other than the fees hereby authorized shall for every such offence incur a penalty not exceeding five pounds.

15. The master of every ship except ships of less than eighty tons registered tonnage exclusively engaged in trading or going to places within or on the coast of this Colony who shall engage any seaman in this Colony shall enter into an agreement with him 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 Provided that 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 Avagcs

oi-

or any other stipulations not contrary to law Provided also that every such agreement shall he 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 by him kept and preserved in his office.

16. The master of every ship except as aforesaid when engaging seamen in this Colony shall engage them either before the Shipping Master or on board the ship in which they are to be employed Pro­ vided that the signature of each seaman shall be attested by the Shipping Master or by some other witness and before being signed 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 whatever tonnage the same may be 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 shall be delivered to any such owner or master 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.

17. In the case of all ships except as aforesaid the following in addition to the rules prescribed in and by the last two preceding sections shall be observed with respect to agreements :—

(1 . ) I n all cases where the agreement is signed by any seaman in the presence of a Shipping Master the seaman's dis­ charge or license to ship shall be produced and delivered to the Shipping Master to be by him kept and preserved in his office together with the duplicate of the agreement to be left with or delivered or sent to the Shipping Master as herein provided.

(2.) In all cases 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 to be by him kept and preserved in his office.

(3.) 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 sub­ stitutes or persons engaged subsequently to the first departure of the ship.

(4.) Provided that if the master of any ship not registered in or belonging to this Colony has an agreement with his crew made in due form according to the law of the place to which such ship belongs or in which his crew were engaged and engages single seamen in this Colony such seamen may sign the agreement so made and it shall not be neces­ sary for them to sign an agreement in the form of the Pourth Schedule hereto or to have the same filled up 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 oi deliver or send to the Shipping Master a true copy attested as such by the master under his hand of the agreement

signed

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 in like manner as the duplicates of agreements to be left with or delivered or sent to him are in other cases to be kept and preserved by him.

IS. For the purpose of determining the fees to be paid upon the engagement and discharge of seamen belonging to Foreign-trade and Intercolonial ships which have running agreements the crew shall 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.

19. In cases in which such running agreements are made the duplicate agreement retained by the Shipping Master upon the first 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.

20. In cases where several Intercolonial ships belong to the same owner the agreement with the seamen may notwithstanding anything herein contained be made by the owner instead of by the master and the seamen may be engaged to serve in any two or more of such ships Provided that the names of the ships and of the masters and the nature of the service are specified in the agreement Provided also that with the foregoing exception all provisions herein contained which relate to ordinary agreements for Intercolonial ships shall be applicable to agreements made in pursuance of this section Provided further that no seaman having served in any ship which shall have entered any port of the Colony 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.

21. If in any case a master carries any seaman to sea without having entered into an agreement with him in the form and manner and at the place and time hereby in such case required the master in the case of a Foreign-trade ship and the master or owner in the case of an Intercolonial ship shall for every such offence incur a penalty not

exceeding five pounds. 22. The master of every Intercolonial or Foreign-trade ship	shall before leaving the Colony sign and send to the Shipping Master
a full and accurate statement of every change which takes place in his crew before finally so leaving the Colony And shall for every offence against this enactment incur a penalty not exceeding five pounds.
23. Every erasure interlineation or alteration in any agreement with seamen except additions for shipping substitutes or persona engaged subsequently to the first departure of the ship shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in such erasure interlineation or alteration by the written attestation of the witness attesting the signature or signatures of the person or persons so interested or some Justice or if made out of the Colony of a British Consular Officer or if none such of two British merchants.
21. Whosoever fraudulently alters assists in fraudulently altering or procures to be fraudulently altered or makes or assists in making or procures to be made any false entry in or delivers assists

in

in. delivering or procures to be delivered a false copy of any agreement shall for every such offence be deemed guilty of a misde­ meanor.

25. Any seaman may upon any civil or criminal proceeding by or against him bring forward evidence to prove the contents of any agreement or otherwise to support his case without producing or giving notice to produce the agreement or any copy thereof.
26. The master shall at the commencement of every voyage or engagement cause a legible copy of the agreement (omitting the signatures) to be placed or posted up in such part of the ship as to be accessible to the crew and shall for every neglect of this enactment incur a penalty not exceeding five pounds.

27. Any seaman who after having signed an agreement is dis­ charged before the termination, of his agreement without fault on his part justifying such discharge and without his consent shall be entitled to receive from the master or owner in addition to any wages he may have earned due compensation not exceeding one month's Avages and may on adducing such evidence 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.

PART I V .

WAGES AND DISCHARGES.

28. All stipulations made at the commencement of a voyage for the allotment of any part of the wages of a seaman during his absence shall be inserted in the agreement and shall state the amounts and times of the payments to be made And all allotment notes shall be in the form of the fifth Schedule hereto.

29. The wife father or mother grandfather or grandmother or any child or grandchild brother or sister of any seaman in whose favor an allotment note of part of the wages of such seaman is made may unless the seaman is shewn in manner hereinafter mentioned to have forfeited or ceased to bo entitled to the wages out of which the allotment is to be paid and subject as to the wife to the proviso hereinafter contained sue for and recover the sums allotted by the note when and as the same are made payable with costs from

the owner or any agent who has authorized the drawing of the note

either in the District Court or in the summary manner in which

seamen arc by this Act enabled to sue for and recover wages not exceeding fifty pounds And in any such proceeding it shall be suffi­ cient 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 authorized agent and the seaman shall be presumed to be duly earning his wages unless the contrary is shewn to the satisfaction of the Court either by 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 by a duly certified copy of some entry in the log-book to the effect that he has left the ship or by a credible letter from the master of the ship to the same effect or by such other evidence of whatever description as the Court in its absolute discretion considers sufficient to shew satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid Provided that the wife of any seaman who deserts her children or so misconducts herself as to be undeserving of support from her husband shall thereby forfeit all right to further payment of any allotment of his wages made in her favor.

E 30.

30. Every master shall at the time of or before paying off or discharging any seaman deliver to him a full and true account of his wages and of all deductions to be made therefrom on any account whatever and in default shall for every offence incur a penalty not exceeding five pounds And no deduction from the wages of any seaman (except in respect of any matter happening after such delivery) shall be allowed unless it is included in the account so delivered and the master shall during the voyage enter the various 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 question relating to such payments.

31. I n every case of a seaman discharged in this Colony from any ship of whatever tonnage the same may be such seaman shall either be discharged before the Shipping Master 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 attested by such Shipping Master or the master shall sign and forthwith deliver or send to the Shipping Master a discharge of such seaman in the form of the said sixth Schedule hereto attested by the mate of the ship or some other witness And the Shipping Master shall on receipt of such discharge take charge thereof and keep the same in his office until the seaman whose discharge is thereby certified shall apply for the same and upon such application by such seaman shall deliver the same to him and 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 hereof shall for every such offence incur a penalty not exceeding ten pounds.

32. Provided that in case the crew of a ship or any of them shall immediately upon the expiration of their agreement enter into a new agreement to serve in the same ship then it shall not be necessary for the master to sign or give or send to the Shipping Master a dis­ charge to any seaman so re-engaging or for any seaman so re-engaging to produce or deliver a discharge or license to ship but in all such cases the master shall forthwith leave with or deliver or send to the Shipping Master with the duplicate of the agreement to be left with or delivered or sent to him as herein directed a written statement signed by such master setting forth the fact of such re-engagement	being so entered into immediately upon the expiration of their former	agreement which written statement shall be kept and preserved by the
Shipping Master in his office with such duplicate of the agreement.
33. I n case any seaman of any ship of whatever tonnage the same may be shall have lost his discharge or from any other cause be unable to produce the same or if any other person shall be desirous of engaging as a seaman it shall be lawful for any Shipping Master on being satisfied of the fact of such loss inability or desire as the case may be to 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.
1 31. Every Shipping Master shall hear and decide any question whatever between a master or owner and any seaman which both parties agree in writing to submit to him and every award made by him shall be binding on both parties and shall in any legal proceeding which may be taken in the matter before any jCourt be deemed to be conclusive as to the rights of the parties and any document purporting to be such submission or award shall be prima facie evidence thereof.

35. In any proceeding relating to wages claims or discharge of any seamen so referred to any Shipping Master he may call upon the owner or his agent or upon the master or mate or any member of the crew to produce any log-book paper or other document in their respec­ tive possession or power relating to any matter in question in such proceeding and may call before him and examine on any such matter any of such persons being then at or near the place of inquiry And every owner agent master mate or other member of the crew who when called upon by the Shipping Master docs 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 shews some reasonable cause for his default incur lor every such offence a penalty not exceeding five pounds.

36. The following rules shall be observed with respect to the settlement of wages :—

(1.) 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 the Shipping Master sign in the form of the seventh Schedule hereto a mutual release of all claims in respect of the past voyage or engagement and the Shipping Master shall also sign and attest it and shall retain it as herein directed And every such release so signed and attested shall operate as a complete fulfil­ ment 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

(2.) 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 a copy

(3.) In cases in which discharge and settlement take place before a Shipping Master no payment receipt settlement or dis­ charge otherwise made shall operate or be admitted as evidence of the release or satisfaction of any claim

(4.) 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.

37. Upon every discharge effected in this Colony from any Eoreign-going ship the master shall make and sign in the form of the eighth Schedule hereto and forthwith deliver or send to the Shipping Master a report of the conduct character and qualifications of the seamen discharged or may as to any of such seamen state in a column left for that purpose in the said form that he declines to give any opinion upon such particulars or upon any of them And the Shipping Master shall if desired so to do by any seaman indorse on his certificate of discharge the substance of so much of such report as concerns him And every person who makes assists in making or procures to be made any false certificate of discharge or report of the conduct character oi qualifications of any seaman knowing the same to be false or whe forges assists in forging or procures to be forged or fraudulently alters assists in fraudulently altering or procures to be fraudulently altered any such certificate or report or who 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 misdemeanor. 38,

38. A seaman's right to wages and provisions shall be taken to commence at the time specified in the agreement for his commencement of work or presence on board whichever shall first happen.

39. No seaman shall by any agreement forfeit his lien upon a ship or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled And every stipulation in any agreement inconsistent with 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 shall be wholly inoperative in that behalf Provided that nothing in this section shall apply to the case of any stipulation made by any seaman belonging to any ship which according 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 such ship to any other ship.

40. No right to wages shall be dependent on the earning of freight and every seaman and apprentice who would be entitled to demand 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 not­ withstanding that freight has not been earned 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.

41. I n cases where the service of any seaman terminates before the period contemplated in his agreement by reason of the wreck or loss of the ship or by reason of 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.

42. In every Poreign-going ship there shall constantly be a chest of medicine selected by a duly qualified medical practitioner accompanied by directions for administering the same And such medicines shall be examined by the same or some other such medical practitioner once at least in every year in which the ship shall be in the Colony and shall be supplied with fresh medicines in place of such as shall have been used or spoiled And in default of having such medicine chest so provided and kept fit for use the master or owner of such ship shall supply and pay for such advice and medicine

which such ship may trade or touch during her voyage without any	or attendance of medical practitioners as any seaman or apprentice shall stand in need of in case of illness at every port or place at
deduction from the wages of such seaman or apprentice.
43. The master or owner of every Poreign-trade ship shall also provide and cause to be kept on board such ship a sufficient quantity of lime or lemon juice or of such articles as the Minister sanctions as substitutes for lime or lemon juice and also of sugar and vinegar And the master of every such ship as last aforesaid shall serve out the lime 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 if in any such ship as aforesaid such medicines medical stores lime or lemon juice or other articles sugar and vinegar as are hereinbefore required are not provided and kept on board as hereinbefore required the master or owner shall incur a penalty not exceeding twenty pounds And if the master of any such ship as aforesaid neglects to serve out the lime or

lemon

lemon juice or other articles sugar or vinegar in the case and manner hereinbefore directed he shall rbr each such offence incur a penalty not exceeding five pounds And if any master is convicted in either of the last mentioned penalties 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.

44. Every master shall keep on board proper weights and measures for the purpose of determining the quantities of the several 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.

45. If during a voyage the allowance of any of the provisions which any seaman has by his agreement stipulated for is reduced (except 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 perforin his duty or is lawfully under confinement for misconduct either on board or on shore) or if it is shewn that any of such provisions arc or have been during the voyage bad in quality and unfit for use the seaman shall receive by way of compensation 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 :—

(1.) If his allowance is reduced by any quantity not exceeding one-third of the quantity specified in the agreement—a sum not exceeding four pence a day

(2.) If his allowance is reduced by more than one-third of such quantity—a sum not exceeding eight pence a day

(8.) In respect of such bad quality as aforesaid—a sum not exceeding one shilling a day

Provided that if it is shewn 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 Avere 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.

46. No seaman or apprentice shall be entitled to wages for any period during which he unlawfully refuses or neglects to work Avhen	required whether before or after the time fixed by the agreement for
his beginning work nor for any period during which he is lawfully imprisoned for any offence committed by him unless the Court hearing the case otherwise directs.
eighty tons registered tonnage exclusiA rcly engaged in trading or going
47. The master or OAvner of every ship except ships of less than to places within or on the coast of this Colony shall pay to every seaman his wages Avithin the respectiA re periods folloAving :—

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 Avhichevcr first happens

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 Avhichever fifst happens

Provided that this shall not apply to the cases of ships employed in the Avhale fishery or on other voyages for which seamen by the terms of their agreement are Avholly compensated by shares in the profits of the adventure And every master or owner who neglects or refuses to make payment in manner aforesaid without sufficient

cause

cause 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 which payment is delayed beyond the respective periods aforesaid and such sum shall be recoverable in the same manner as wages.

48. Any seaman or apprentice or any person duly authorized on his behalf may sue for and recover in a summary manner before any two Justices acting in or near to the place at which the service has terminated or at which the seaman has been discharged or at which the person from whom his wages are due is or resides any amount of wages actually due to such seaman or apprentice not exceeding fifty pounds over and above the costs of such proceeding for the recovery thereof And every order for payment made by such Justices shall contain a direction that such person shall pay the amount thereby made payable within a time to be named in such order and that in default thereof such person shall be imprisoned for such term not exceeding three months unless the same be sooner

paid And every such order of Justices shall be final.
49. No suit or proceeding for the recovery of wages under the

sum of twenty pounds shall be instituted by or on the behalf of any seaman or apprentice in any Vice-Admiralty Court or any Court of Record in the Colony unless the owner of the ship is declared insol­ vent or unless the ship is under arrest or is sold by the authority of any such Court as aforesaid or unless any Justices as they are hereby authorized to do refer the case to be adjudged by such Court or unless 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.

50. Every master of a ship shall so far as the case permits have the same rights liens and remedies for the recovery of his wages which by this Act or by any law or custom any seaman not being a master has for the recovery pf his wages And if any proceeding in any Court of Vice-Admiralty touching the claim of a master to wages any right of set-off or counter-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 which is found to be due.

51. Whenever any seaman or apprentice belonging to any ship (except ships of less than eighty tons registered tonnage exclusively employed in trading or going to places within or on the

i coast of this Colony) employed on a voyage which is to terminate in	this Colony dies during such voyage the master shall take charge of
all money clothes and effects which he leaves on board and shall if he 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 :—

(1.) A statement of the amount of money and a description of

the effects so left by the deceased

(2.) In case of a sale—a description of each article sold and the

sum received for each

(3.) 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.

52. I n the cases provided fbr in the next preceding section the

following rules shall be observed :—

(1.) Within forty-eight hours after the arrival of. the ship at the port of destination in the Colony the master shall deliver any such effects as aforesaid remaining unsold and pay any money which he has taken charge of or received

from

from such sale as aforesaid and also the balance of Avages
due to the deceased to the Shipping Master at such port

(2.) If before coming to any port in the Colony 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 of the ship and probable length of the voyage and such officer shall indorse on the agreement Avith the crew the substance of such report and information and the master shall Avithin forty-eight hours after his arrival at his port of destination in the Colony produce the same to the Shipping Master.

(3.) The master shall in all cases in which any seaman or apprentice dies during the progress of a voyage or engage­ ment 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 and no deductions claimed in such account shall be alloAved unless verified by such entry in the log book as hereinbefore required and also by such other vouchers (if any) as may be reasonably required by the officer or Shipping Master

to Avhom the account is rendered.

(4.) Upon due compliance Avith such of the provisions of this section as relate to acts to be done at the port of destina­ tion in the Colony the Shipping Master shall grant to the master a certificate to that effect- and no Officer of Customs shall clear inwards any ship comprised Avithin this and the next preceding section without the production of such certificate.

53. Any master who fails to take charge of the money or other effects of a seaman or apprentice dying during a voyage or to make such entries in respect thereof or to procure such attestation to such entries or to make such payment or delivery of any money Avages or effects of any seaman or apprentice dying during a voyage or to give such account in respect thereof as hereinbefore respectively directed shall be accountable for the money Avages and effects of the seaman or apprentice to a Shipping Master and shall pay or deliver the same accord­
ingly 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 And if any such money wages or effects are not duly paid delivered or accounted for by the master the OAvner of the ship shall pay deliver and account for the same and such money and Avages and the value of such effects shall be recoverable from him accordingly And if in such case 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 AAdiich is hereinbefore mentioned as incurred by the master for the like offence And all money wages and effects of any seaman or apprentice dying during a voyage shall be recoverable by like modes of proceeding as those by Avhich seamen are hereby enabled to recover wages due to them.

54. Whenever any seaman'or apprentice dies in the Colony

and is at the time of his death entitled to claim from the master or 1
owner o£ any ship in which he has served any unpaid Avages or 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.

55. If the money and effects of any deceased seaman or apprentice paid or delivered as aforesaid including the monies received for any part of the said effects which have been sold either before delivery or by direction of the Minister do not exceed in value the sum of fifty pounds then subject to the provisions hereinafter contained 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 either to any claimant who can prove himself either to be his widow or child or to be entitled to the effects of the deceased under his will (if any) or under any Statute of Distribution or under any other statute or at common law or to be entitled to procure probate or take out letters of administration although no probate or letters of administration have been taken out and shall thereby be discharged from all further liability in respect of the money and effects so paid and delivered or may if he thinks fit require probate or letters of administration to be taken out and thereupon pay and deliver the said money and effects to the legal personal represen­ tatives of the deceased And all claimants to whom such money or effects are so paid or delivered shall apply the same in due course of administration And if such money and effects exceed in value the sum of fifty pounds then subject to the provisions hereinafter contained and to deduction for expenses the same shall be paid and delivered to the legal personal representatives of the deceased.

r 56. I n cases where the deceased seaman or apprentice has left a will the Minister shall have the following powers :—

(1.) He may 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 and is attested by such master or mate

(2.) He may in his discretion refuse to pay or deliver any such wages or effects as aforesaid to any person not related to the testator by blood or marriage who claims to 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

Master or some Clergyman of the place in which the same attested by two witnesses one of whom is a Shipping

is made or in a place where there are no such persons

some Justice or some British Consular Officer or Officer
of Customs.

(3.) 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 shall be dealt with as if no will had been made.

57. The following rules shall be observed with respect to creditors of deceased seamen and apprentices:—

(1.) 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

(2.) No such creditor shall 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 (3.)

(3.) Subject as aforesaid the steps to be taken for p rocur ing

payment of such debt shall be as follows:—Every person making a demand as creditor shall deliver to the Minister an

account in wr i t ing in such form as he requi res subscribed
with the c la imant ' s name s ta t ing the par t i cu la rs of his demand and the place of his abode and verified by his

declara t ion m a d e before a Justice

(4.) If before such demand is made any claim to the wages

and effects of t he deceased made by any person interested

t he re in as his widow or child or unde r a Avill or unde r any
Statute for t h e Distribution of the Effects of Intestates or under any other s ta tu te or at common law has been allowed t h e Minister shall cause notice to be given to the creditor of t he allowance of such person 's c laim and the

creditor shall thereupon have t he same r igh t s and remedies

against such person as if he had received the said wages and effects as the legal personal representa t ive of the deceased

(5.) If no claim by any such person has been alloAvcd the

Minister shall proceed to inves t iga te the credi tor 's account
and may for that purpose require him to prove the same and to produce all books accounts A'ouchers and papers

re la t ing the re to And if by such means the creditor duly

satisfies the Minister of the justice of his demand either in the Avhole or in part the same shall be alloAved and paid

accordingly so far as the assets extend for that purpose
and such p a y m e n t shall discharge the Minister from all

fur ther liability in respect of the money so paid But

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 p roduc ing them the

demand shall be disalloAved

(G.) In any case Avhatever the invest igat ion of any demand made by a creditor for the paymen t of his 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 Avages and effects of t he deceased is made and sub­

s tant ia ted as hereinbefore requi red by any person interested

t he re in as a AvidoAV or child or under a Avill or under any

Statute for the Distribution of the Effects of Intestates

may be paid and delivered to such person And there­	or under any other statute or at common laAV the same
upon the creditor shall haA'e the same r igh t s and remedies
agains t such person as if he had received the same as the
legal personal representa t ive of the deceased.

58. In cases of Avages or effects of deceased seamen or appren­ tices to Avhich no claim is subs tan t ia ted Avithin six years after the

receipt thereof it shall be in the absolute discretion of the Minister
if any subsequent claim is made either to alloAV or to refuse the
same But subject to the proviso next hereinafter contained all monies arising from the unclaimed Avages and effects of deceased seamen shall be paid over to the Colonial Treasurer and such monies shall be carried to and form part of the Consolidated Eund of the Colony Provided that upon a certificate from the Minister of his allowance of any claim the said Treasurer may upon a Avarrant under the hand of the Governor pay and satisfy the amount thereof out of the said fund.

59. Every person AVIIO for the purpose of ob ta in ing either for

himself or for ano ther any money or effects of any deceased seamen or apprentice forges assists in forging or procures to be forged or

G fraudulent ly

fraudulently alters assists in fraudulently altering or procures to be fraudulently altered any document purporting to shew or assist in shewing a right to such wages or effects and every person who for the purpose aforesaid makes use of any such forged or altered document as aforesaid or who for the purpose aforesaid gives or makes or procures to be given or made or assists in giving or making or pro­ curing 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 labor for any period not exceeding two years.

60. The wages of seamen or apprentices who are lost with the ship to which they belong shall be dealt with as follows:—

(1.) The Minister may recover the same from the owner of the ship in the same manner in which seamen's wages are recoverable
(2.) I n any proceedings for the recovery of such wages if it is shewn by some official return or by other evidence that the ship has twelve months or upwards before the institu­ tion of the proceeding left a port of departure and if it is not shewn that she has been heard of within twelve months after such departure she shall be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court hearing the case may think probable
(3.) The production of any duplicate agreement or list of the crew made out at the time of the last departure of the ship from the Colony or of a certificate puporting to be a certi­ ficate from a Consular or other public 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 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 Avhich the wages of other deceased seamen and apprentices are to be dealt with under this Act.

61. Every master of a ship who leaves any seaman or apprentice

on shore at any place abroad in or out of Her Majesty's dominions under a certificate indorsed on the agreement as hereinafter provided of his unfitness or inability to proceed on 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 be but one merchant resident at such place to him a full and true account of the wages clue to such seaman or apprentice such account when delivered to a Consular Officer to be in duplicate and shall pay the same when practicable in money and otherwise by a bill drawn upon the owner And in case of every bill so drawn such functionary or merchant as aforesaid shall by indorsement certify thereon that the same is drawn for money due on account of a seaman's wages and shall also indorse the amount for which such bill is drawn with such further particulars in respect of the case as the Minister requires And every such master as aforesaid who refuses or neglects 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 the wages incur a penalty not exceeding ten pounds And every such master who delivers a false account of such wages shall for every such offence in addition to the payment of the wages incur a penalty not exceeding twenty pounds.

PART

PART V.

PROTECTION.

62. If the master or any other person wilfully and wrongfully leaves behind in any place on shore or at sea in or out of Her Majesty's dominions any seaman or apprentice belonging to any ship before the completion of the voyage for which he was engaged or the return of the ship to the Colony he shall for every such offence be deemed guilty of a misdemeanor.

63. If the master of any ship does any of the following things:—

(1.) Discharges any seaman or apprentice in any place out of the Colony without the sanction in writing indorsed on the agreement of some Officer of Customs or if out of Her Majesty's dominions of the British Consular Officer or of two resident merchants there

(2.) Or leaves behind any seaman or apprentice at any place out of the Colony without a certificate in writing so indorsed from such functionary officer or person as the case may be stating the fact and its cause whether unfitness or inability desertion disappearance or other cause

He shall for every such offence or default be deemed guilty of a misdemeanor.
64. Upon the trial of any information or other proceeding for so discharging or leaving behind any seaman or apprentice it shall lie upon the accused to produce the sanction or certificate hereby required or to prove t h a t he had obtained the same before such discharge or leaving behind or that it Avas impracticable for h i m to do so.
65. No assignment or sale of any salvage or Avages made by any seaman or apprentice prior to the accrual thereof shall bind the person making the same and no poAver of attorney or authority for the receipt of any such salvage or wages shall be irrevocable and every payment in respect thereof to the seaman or apprentice himself shall be valid as against any previous sale or assignment or any attachment incumbrance or arrestment thereon.

66. The folloAving rules shall be observed AAdth respect to expenses attendant on illness and death :— (1 . ) The expense of proA riding necessary surgical and medical

advice attendance and medicine for any seaman or appren­ tice injured in the ship's service unless such injury is is cured or dies or is brought back to the Colony and the caused by his misconduct and of his subsistence until he

expense (if any) of his burial shall be defrayed by the

(2.) The expense of the temporary' removal of a sick seaman
or apprentice from his ship to prevent infection or other-

owner without any deduction from his AArages.

Avise for the ship's convenience and all medical expenses

and subsistence as under No. (1.) shall be defrayed in like
manner.

(3.) All medical expenses as aforesaid to any seaman or
apprentice Avhile on board shall be defrayed in like manner.

(4.) In all other cases reasonable expenses incurred by the

OAvner for any seaman in respect of illness or the burial

of any seaman or apprentice dying on service shall if duly
proved be deducted from wages.

67. Any person demanding or receiving from any seaman or apprentice payment for his board or lodging in the house of such person for a longer period than such seaman or apprentice has actually resided a boarder therein shall incur for eA ery such offence a penalty not exceeding ten pounds.

68. Any person receiving or taking possession of or under his control any monies documents or effects of any seaman or apprentice and not returning the same or paying the value thereof when required by him subject to any deduction lawfully due in respect of board lodging or otherwise or 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 monies documents or effects aforesaid subject to deduction as aforesaid.

69. Every person not in Her Majesty's service or otherwise authorized by law going on board any ship about to arrive before her actual arrival at the place of her discharge without permission of the master shall for every such offence incur a penalty not exceeding twenty pounds and may forthwith be apprehended by the master and given in custody to be dealt with according to law.

70. Whosoever within twenty-four hours after the arrival of any ship at any port in the Colony solicits any seaman to become a lodger at his lodging-house or 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 V I .

DISCIPLINE.

71. Any master seaman or apprentice who by breach or neglect

of duty or drunkenness does anything tending to the loss destruction or damage of the ship or to endanger life or limb or refuses or omits to do any act required to be done by him for preserving such ship from loss destruction or damage or preserving any person from danger to life or limb shall for every such offence be deemed guilty of a misdemeanor.

72. Any seaman or apprentice committing any of the following offences shall be liable to be punished summarily as follows :—•

(1.) Eor desertion—to be 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.

(2.) Eor neglecting or refusing without reasonable cause to join his ship or to proceed to sea therein or for absence Avithout 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 leave 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 labor—or to forfeit out of his wages ten days pay And for every twenty-four hours of such absence not exceeding ten days pay.

(3.) Eor quitting the ship without leave after her arrival and before she is placed in security—to forfeit out of his wages not exceeding one month's pay.

(1.) Eor wilful disobedience to any lawful command or for insubordination—to be imprisoned for any period not exceeding one month with or without hard labor—or to forfeit out of his wages not exceeding ten days pay.

(5.) Eor continued wilful disobedience to lawful commands or continued wilful neglect of duty—to be imprisoned for any pei'iod not exceeding three months with or without hard labor—or to forfeit the whole or any part of his wages.

(6.) Eor assaulting any master or mate—to be imprisoned for

any period not exceeding three months with or without

hard labor. (7.)

(7 . ) For combining with any other of the crew to disobey lawful 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 labor.

(8 . ) For wilfully damaging the ship or embezzling or wilfully damaging any of her stores or cargo—to forfeit out of his wages a sum equal to the loss sustained and at the direc­ tion of the Court to be imprisoned for any period not exceeding three months with or without hard labor.

(9 . ) For any act of smuggling for which he is convicted whereby loss or damage is occasioned to the master or owner—to pay such master or owner a sum sufficient to reimburse such loss or damage and to have the whole or a propor­ tionate part of his wages retained to meet such liability without prejudice to any further remedy.

7 3 . Upon the commission of any offence aforesaid an entry

thereof shall be made in the log-book and shall be signed by the master and 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 And in any subsequent legal proceeding such entries shall be produced or proved or in default thereof the Court may at its discretion refuse to receive evidence of the offence.

7 4 . Whenever any seaman or apprentice is brought before any

Court on the ground of his having neglected or refused to join or to proceed to sea in any ship in which he is engaged to serve or of having deserted or otherwise absented himself therefrom Avithout leave such Court may upon 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 consent thereto cause him to be conveyed on board for the pur­ pose of proceeding on the voyage or deliver him to the master or any mate of the ship or the oAvner 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 OAA'ner by reason of the offence to be paid by the offender and if necessary to be deducted from any Avages which he has then earned or which by virtue of his then existing engagement he may aftenvards earn.

7 5 . Whenever a question arises whether the Avages of any

for the parties insisting on the forfeiture to shew that such seaman or	seaman or apprentice are forfeited for desertion it shall be sufficient
apprentice Avas duly engaged in or that he belonged to the ship from Avhich he is alleged to have deserted and that he quitted such ship without leave before the completion of the\ Toyage or engagement or if
such A'oyage Avas to be completed in the Colony and the ship has not returned that he is absent from her and that an entry of the desertion
the proATisions hereinbefore contained be deemed to be proAred iinless shall so far as relates to any forfeiture of AArages or emoluments under has been duly made in the log-book And thereupon the desertion
the seaman or apprentice can produce a proper certificate of discharge or can otherwise SIICAV to the satisfaction of the Court that he had sufficient reasons for leaving the ship.
7 6 . Whenever in any proceeding relating to Avages it is shewn that any seaman or apprentice; entitled thereto has in the course of the voyage been lawfully convicted of any offence and rightfully punished therefor the Court may direct a part of such Avages not exceeding tAvo pounds to be applied in reimbursing any costs properly incurred by the master in procuring such conviction and punishment.

77. Whenever any seaman contracts for wages by the voyage or by the run or by the share and not by the month or other stated period of time the amount of forfeiture to be incurred under this Act shall be taken to be an amount bearing the same proportion to the whole wages or share as a month or other period hereinbefore mentioned in fixing the amount of such forfeiture (as the case may be) bears to the whole time spent in the voyage and if the whole time spent in the voyage does not exceed the period for which the pay is to be forfeited the forfeiture shall extend to the whole wages or share.

78. Any question concerning the forfeiture of or deduction from the wages of any seaman or apprentice may be determined in any proceeding lawfully instituted respecting such wages notwith­ standing that the offence as to which such question arises has not been made the subject of any criminal proceeding.
79. If any seaman on or before being engaged to serve in any ship of whatever tonnage wilfully makes a false statement of the name of his last ship or of his own name he shall incur a penalty not exceeding five pounds And such penalty may be deducted from any wages he may earn by virtue of such engagement as aforesaid and shall be paid and applied in the same manner as other penalties payable under this Act.

80. Every person who by any means whatever persuades or attempts to persuade any seaman or apprentice to neglect or 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 such seaman or apprentice incur a penalty not exceeding ten pounds And every person who wilfully harbors or secretes any seaman or apprentice who has deserted from his ship or wilfully neglected or refused to join knowing or having reason to believe such seaman or apprentice to have so done shall for every such seaman or apprentice so harbored or secreted incur a penalty not exceeding twenty pounds.

81. When any seaman who shall have deserted from any ship

or have neglected or refused without reasonable cause to join his ship or to proceed to sea therein shall not be apprehended until after the departure of such ship from the Colony or so shortly before such departure that he cannot conveniently be brought to trial before the same or that the Master cannot reasonably be expected to attend for the purpose of prosecuting him and of producing original docu­ mentary evidence against him the Shipping Master shall prosecute	such deserter and upon the hearing of the charge verified copies of the	ships' articles and of the entry in the log book in which respectively
such offender's name shall appear shall be admitted as evidence against him.
82. Any seaman who having deserted from his ship shall secrete himself on board any other ship or otherwise 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 labor.
83. The master of any ship in harbour may give in charge to a water policeman or other constable any seaman or other person who shall be drunk riotous or disorderly on board such ship and such policeman or constable shall receive such offender and convey him to some watch-house until he can be conveyed before the Water Police Magistrate or some other Justice at the next usual hour of business And such seaman or other person shall for every such offence incur a penalty not exceeding forty shillings or in default of immediate payment shall be imprisoned for any time not exceeding two days.

PART

PART V I I .

MISCELLANEOUS MATTERS.

84. The Governor Avith the advice aforesaid may make s u c h

r e g u l a t i o n s not i n c o n s i s t e n t with a n y provisions of t h i s Act as s h a l l

appear n e c e s s a r y to p r o v i d e for all such m a t t e r s of detail a s are not

expressly determined by e n a c t m e n t and generally lor the p u r p o s e

of c a r r y i n g t h i s Act i n t o full effect And such r e g u l a t i o n s upon being published in the Gazette s h a l l have the force of laAV And c o p i e s thereof shall be laid b e f o r e both Houses of Parliament forth-

Avith if then s i t t i n g or if not then within fourteen days of the opening
of the n e x t session.

85. Printed forms of agreements c e r t i f i c a t e s of d i s c h a r g e

mutual r e l e a s e s and of all o t h e r d o c u m e n t s r e q u i r e d to be u s e d u n d e r

t h i s Act s h a l l be s u p p l i e d at the Shipping Office to all p e r s o n s AVIIO

s h a l l apply for the same at such reasonable p r i c e s for the purpose of

covering the cost thereof a s the Shipping Master may Avith the

approval of the Minister determine.

86. Whosoever shall c o m m i t anv offence a g a i n s t t h i s Act for

AA'hich no penalty is h e r e i n	expressly enacted shall i n c u r	a p e n a l t y not
exceeding five pounds.

87. All penalties and forfeitures incurred u n d e r t h i s Act may

be recovered before the Water Police Magistrate or a n y o t h e r stipen­ diary Magistrate or b e f o r e any tAvo Justices and if not hereby specifically a p p r o p r i a t e d shall be paid to the Colonial Treasurer to be by him carried over to the Consolidated Revenue Fund.

presence of or to be attested by any AAritness or Avitnesses may be 88. Any document required by this Act to be executed in the

proved by the e v i d e n c e of any p e r s o n Avho is able to bear Avitness to

the r e q u i s i t e facts without calling the a t t e s t i n g Avitness or Avitnesses

or any of them.

89. I n all cases in Avhich any Court or Tribunal has poAver

u n d e r t h i s Act to d i r e c t p a y m e n t of any wages p e n a l t y or o t h e r sum of

m o n e y and the party directed to pay the same b e i n g m a s t e r or OAvner
of a s h i p d o e s not pay the. same at the time and in the manner prescribed by the order the Court or Tribunal lawfully m a k i n g the order m a y in addition to any other of its poAvers in that behalf for the
p u r p o s e of c o m p e l l i n g s u c h p a y m e n t direct the a m o u n t or the p o r t i o n

thereof remaining unpaid to be levied by d i s t r e s s and sale of the ship

her t a c k l e f u r n i t u r e and a p p a r e l or a suf f ic ien t p a r t thereof and s u c h

sale shall be made accordingly.

90. This Act in a d d i t i o n to its g e n e r a l application according

to its subject m a t t e r to all p e r s o n s Avithin the j u r i s d i c t i o n of the

Government of t h i s Colony s h a l l e x t e n d and apply as follows	(that	is
to say):—

(1.) As to s h i p s r e g i s t e r e d in or b e l o n g i n g to t h i s Colony

( e x c e p t pleasure y a c h t s ) and the o w n e r s masters a n d c r e A v s

of such s h i p s Avhere\*er the same may be—The Avhole Act —except so far as o t h e r proAdsions are made in respect thereof when such ships are out of the jurisdiction of the Government of t h i s Colony by the Imperial Act seA'en-

teenth and eighteenth Victoria chapter one h u n d r e d and
four or any other Act of the Imperial Parliament r e l a t i n g

t h e r e t o .

(2.) As to pleasure y a c h t s registered in or b e l o n g i n g to this

Colony and the OAvners masters and crews thereof—so

m u c h of section sixteen as directs that no seaman shall be

hired

hired or engaged to serve in any ship of whatever tonnage the same may be 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 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-one and so much of section thirty- two as dispenses Avith the production or giving of dis­ charges 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 be ing so entered into.

(3 . ) As to ships registered in or belonging to the United King­ dom or any of Her Majesty's dominions other than this Colony and the owners masters and crews of such ships when such ships are within the jurisdiction of the Govern­ ment of this Colony—The whole Act except so far as other provisions are made in respect thereof by the Imperial Act seventeenth and eighteenth Victoria chapter one hundred and four or any other Act of the Imperial Parlia­ ment relating thereto.

(4 ) As to ships registered in or belonging to any Foreign State or Country and the owners masters and crews of such ships when such ships are within the jurisdiction of the Government of this Colony—The whole of section seven— The whole of sections fourteen to nineteen both inclusive —The whole of sections twenty-one twenty-two thirty-one thirty-two sixty-seven sixty-eight sixty-nine seventy seventy-nine and eighty and the whole of section eighty- two and the following sections to and inclusive of this section except so far as other provisions are made in respect thereof by the Act of the then Legislature of this Colony sixteenth Victoria number twenty-five.

9 1 . Nothing herein contained shall extend or apply to any of

Her Majesty's or the ships-of-war of any Foreign State or Power.

FIRST SCHEDULE.

Acts and parts of Acts repealed.

Fourth William IV. Number Seven . . . . . . The whole of section forty-four.

Eleventh Victoria Number Twenty-three...	. . .	The whole.
Thirteenth Victoria Number Twenty-eight	. . .	The whole.
Seventeenth Victoria Number Thirty-six...	. . .	The whole of sections three to

fourteen both inclusive the whole of sections seventeen to twenty-five both inclusive the whole of section twenty-seven so much of section twenty-nine as applies or extends to or affects ships or vessels in port which are moored to any wharf and the whole of sections thirty to forty-four both inclusive.

Nineteenth Victoria Number Eight	. . .	. . .	The whole.
Twenty-third Victoria Number Eleven	The whole.

SECOND

SECOND SCHEDULE.

Declaration to be made by Shipping Master.

I do solemnly and sincerely declare that I will faithfully and truly

perform the office and duty of Shipping Master according to the true intent and meaning of the " Seamen's Laws Consolidation Act of 1864" and that I will not either directly or indirectly personally or by moans 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 are authorized by the said Act and that I will act without partiality favor or affection and to the best of my knowledge and ability.

THIRD SCHEDULE.

PEES to be charged for engagements and discharges of Crews and Seamen howsoever 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. (I.

In ships under 30 tons	0 2	0
30 to	CO „	0 4 0

60 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 „	1 15 0
600 to 700 „	2 0 0
700 to 800 „	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.

2. Engagement of Seamen separately.

Two shillings for each.

3. Discharge of Crews.

£ %. d.

In ships under 60 tons	0 4 0
60 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 „	1 15 0
600 to 700 „	2 0 0
700 to 800 „	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.

SUMS TO BE DEDUCTED FROM WAGES BY WAY OF PARTIAL REPAYMENT OF ABOVE FEES.

1. In respect of 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.

H. FOURTH

FOURTH SCHEDULE.

AN Agreement made in pursuance of the " Seamen's Laws Consolidation Act of 1864 "

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 :—

IT is agreed by and on the part of the said persons and they severally hereby engage to serve on board the said ship in the several capacities expressed against their respective names on a voyage from the Port of to [here the intended voyage is to be described as nearly as can be done and the places at which it is intended the ship) shall touch or if that cannot be done the nature of the voyage in which she is to be employed and also when practicable the probable duration of the voyage and if a running agree­ ment the several voyages or trips for which the seamen are engaged and the limits as near as may be both of time and place within which such voyages are to be com­ prised and the final place of discharge'] and the said crew farther engage to conduct themselves in an orderly faithful honest careful and sober manner and to be at all times diligent in their respective duties and stations and to be obedient to the lawful commands of the master in everything relating to the said ship and the

materials stores and cargo thereof whether on board such ship or in boats or on shore [here may be inserted any other clauses which the parties may think proper to be introduced into the agreement provided that the same be not contrary to or inconsistent with the pro­ visions and spirit of 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 expressed against their respective names And it is hereby agreed that any embezzlement or wilful or negligent loss or destruction of any part of the ship's cargo or stores shall be made good to the owner out of the wages (so far as they will extend) of the seamen guilty of the same and if any seaman shall have entered himself as qualified for a duty to which he shall prove not to be com­ petent 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.

t
t

on
on

rd
rd

.
.

.
.

es
es

r
r

e
e

's
's

s.
s.

s
s

.
.

h
h

n
n

o
o

er
er

d
d

h
h

th
th

e.
e.

.
.

w
w

er
er

ti
ti

y.
y.

e
e

ly
ly

re
re

ic
ic

oa
oa

y
y

on
on

ip
ip

u
u

c
c

e
e

s
s

or
or

e
e

an
an

am
am

n
n

is
is

a
a

g
g

s
s

n
n

v
v

o
o

a
a

h
h

r
r

on
on

p
p

m
m

th
th

.
.

h
h

la
la

si
si

d
d

Sh
Sh

il
il

e
e

u
u

ge
ge

r
r

h
h

P l a c e

a n d

ti
ti

r
r

a
a

u
u

c
c

n
n

.
.

at
at

k
k

w
w

n
n

s
s

rn
rn

e
e

m
m

ti
ti

e
e

vi
vi

w
w

w
w

le
le

m
m

on
on

es
es

a
a

r
r

R
R

s
s

ge
ge

a
a

h
h

m
m

e
e

t i m e of

n
n

a
a

a
a

er
er

r
r

t.
t.

n
n

s
s

ea
ea

y
y

o	r.
r.

o
o

e
e

la

la	y.
y.

ic
ic

f
f

n
n

th	y.
y.

in
in

u
u

o
o

ro	.
.
ay
ay

th
th

o
o

ro

tr

tr	.
.

u
u

st
st

w
w

th
th

o

a
a

e n t r y .

th

ll
ll

ig
ig

er
er

en
en

am
am

S
S

ow
ow

th
th

s
s

—
—

w
w

M
M

S
S

h
h

u
u

te
te

e
e

e
e

tr
tr

m
m

n
n

a
a

.
.

p
p

y
y

la
la

f
f

w
w

ip
ip

f
f

e
e

n
n

on
on

ar
ar

fu
fu

S
S

p
p

b
b

o
o

n
n

d
d

t
t

f
f

e
e

b
b

to	in
in
eg
eg
b
b

f
f

w
w

ge
ge

at
at

is
is

ou
ou

d
d

h
h

o
o

ti
ti

la
la

o
o

or
or

N
N

n
n

m
m

r
r

f
f

a
a

a
a

o
o

o
o

n
n

f
f

h
h

d
d

ot
ot

t
t

to

r
r

e
e

t
t

eg
eg

m
m

sh
sh

to
to

t
t

s
s

o
o

an
an

s
s

's
's

a
a

o
o

g
g

er
er

ge
ge

r
r

on
on

M
M

b
b

a
a

o
o

D
D

A
A

if
if

f
f

a
a

C
C

n
n

u
u

d
d

t
t

ll
ll

l
l

n
n

y
y

i
i

o
o

t
t

f
f

en
en

A	ity
ity
nt
nt
ua
ua
p
p s

f
f

o
o

ce
ce

ai
ai

yi
yi

it
it

ti
ti

is
is

R	n
n
e
e
h
h

s

ou
ou

r
r

e
e

R

o	n
n
ou
ou A

e
e

ia
ia

ga
ga

r
r

o

e	am
am
Se
Se

o
o

h
h

n
n

h
h

d
d

es
es

e
e

da
da

.

to
to

ag
ag

s
s

ac
ac

ti
ti

rt
rt

o
o

c
c

if
if

ec
ec

ip
ip

ar
ar

ou
ou

n
n

n
n

m
m

se
se

th r.

e

M
M

n
n

n
n

ti
ti

u
u

va
va

m
m

n
n

a
a

in
in

ec
ec

r
r

cr
cr

oy
oy

en
en

fo
fo

ap
ap

n
n

e

e .

a
a

s
s

it
it

Sp
Sp

al	a
a
c
c h
h
s
s f
f A

m	am
am e

o.	T
T es

o

o	hr
hr ow

re	ay	on	ea	he
he m

A	d
d m

o.

ow	m
m al

es	p
p re

m

e

t
t

o	a
a A

A	Q
Q W

V
V

In	by
by	o

s
s

C

C	A
A C

a	D	M	Y	T
T a

a

W	N
N th

th

se

se	T
T

a

se	C
C

N

N	d
d

In

C

se

[ Spec ia l p l a c e o r f o r m in t h e d u p l i c a t e re ta ined b y t h e m a s t e r for t h e descr ip t ions a n d s i g n a t u r e s of

s u b s t i t u t e s or p e r s o n s engaj.'ed s i i b s e q u e n t l y t o t h e first d e p a r t u r e of t h e sh ip . J

(Signature of Master.)

(Shipping Master's name as witness.)

FIFTH SCHEDULE.

Form of Allotment Note.

I A.B. a seaman engaged to serve in the capacity of on board

the ship C D . master on a voyage [here describe the intended voyage] do hereby allot to E.F. [describe who it is whether wife child or otherwise] (Here state the precise sum—or the proportionate amount—of the wages to be earned by A.B. which he hereby authorizes to be paid over to E.F. and the periods at which such payments are to

he made.)

(Signature of Seaman.)

Witness—A.B.

I hereby issue and give this Allotment Note.

(Signature of Owner Master or other authorized Agent.)

Witness—A.B.

S I X T H

S I X T H	SCHEDULE.
Certificate	of Discharge.

Name of Ship. Official Number. Port of Registry.

Registered

Tonnage. Description of Voyage, or Employment.

Capacity.

Name of Seaman
Name of Seaman
Name of Seaman

•
•

Place of Birth
Place of Birth

Place of Birth

Date of Birth
Date of Birth

Date of Birth

Date of Entry. Date of Discharge. Place of Discharge.

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

Dated this day of 18

(Signed) Master of the Ship.

Witness—

S E V E N T H	SCHEDULE.
Form of Mutual	Release.

T H E undersigned 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 that all

wages earned by the said C D . 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 18 .

(Signed) Master. Seaman.

Witness—

Shipping Master. EIGHTH SCHEDULE.

Report of Conduct Character and Qualifications.

I f

I f	m a s t e r
m a s t e r

R e p o r t	o f	d e c l i n e s
d e c l i n e s to

to

D e s c r i p t i o n	g i v e
g i v e o p i n i o n

o p i n i o n

N a m e

N a m e	of
of D e s c r i p t i o n

N June of

N June of	P o r t
P o r t o f

o f	P l a c e
P l a c e o f

o f	C a p a c i t y
C a p a c i t y

s c a m	a n
a n or

or	n a t u r e
n a t u r e o n

s c a m

o n	a n y
a n y

s h i p .	reg i s t ry .
reg i s t ry . b i r t h .

s h i p .

b i r t h .	o n
o n board.

board.

d i s c h a r g e d .	of
of v o y a g e .

v o y a g e .	par t i cu lar?
par t i cu lar?
here s t a t e on
here s t a t e on

d i s c h a r g e d .

C o n d u c t .	C h a r a c t e r .	Qual i f i ca t ion	w h i c h .
w h i c h .

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) Master.

Witness—

No. XIV.