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Merchant Shipping (Part III. Masters and Seamen.)

Discipline.

CCXLIX. In all Cases of Desertion from any Ship in any

Entries and Place abroad the Master shall produce the Entry of such De- Certificates sertion in the Official Log Book to the Person or Persons hereby Desertion required to indorse on the Agreement a Certificate of such De- abroad to be

copied, seist sertion ; and such Person or Persons shall thereupon make home, and and certify a Copy of such Entry and also a Copy of the said admitted in Certificate of Desertion; and if such Person is a Public

Evidence. Functionary he shall, and in other Cases the said Master shall forth with transmit such Copies to the Registrar General of Seamen in England ; and the said Registrar shall, if required, cause the same to be produced in any legal Proceeding; and such Copies, if purporting to be so made and certified as aforesaid, and certified to have come from the Custody of the said Registrar, shall in any legal Proceeding relating to such Desertion be received as Evidence of the Entries therein appearing

CCL. Whenever a Question arises whether the Wages Facilities for of any Seaman or apprentice are forfeited for Desertion, proving De it shall be sufficient for the Party insisting on the Forfeiture sertion, so far to show that such Seaman or Apprentice was duly engaged Forfeiture ut in or that he belonged to the Ship from which he is al- Wages. leged to have deserted, and that he quitted such Ship before the Completion of the Voyage or Engagement, or if such Voyage wasto terminate in the United Kingdom and the Ship has not returned, that he is absent from her, and that an Entry of the Desertion has been duly made in the official Log Book ; and thereupon the Desertion shall, so far as relates to any Forfeiture of Wages or Emoluments under the Provisions hereinbefore contained, be deemed to be proved, unless the Seaman or Apprentice can produce a proper Certificate of Discharge, or can otherwise show to the Satisfaction of the Court that he had sufficient Reasons for leaving his Ship.

may to the

CCLI. Whenever in any Proceeding relating to Seamen's Costs of proWages it is shown that any' Seaman or Apprentice has in the curing Imcourse of the Voyage been convicted of Oflence by any com

any

prisonment petent Tribunal and rightfully punished therefor by Imprison- Extent of 3L ment or otherwise, the Court hearing the Case may direct a be deducted

froin Wages. Part of the Wages due to such Seaman, not exceeding Three Pounds, to be applied in reimbursing any Costs properly in-. curred by the Master in procuring such Conviction and Punishment.

CCLII. Whenever any Seaman contracts for Wages by the Amount of

Forfeiture Voyage or by the Run or by the Share, and not by the Month or

how to be other stated Period of Time, the Amount of Forseiture to be in- ascertained curred under this Act shall be taken to be an Amount bearing when Seamen the same Proportion to the whole Wages or Share as a Calendar contract for

the Voyage i

Month

Discipline.

Merchant Shipping (Part III. Masters and Seamen.)

Month or other the Period herein-before 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.

Application of CCLIII. All Clothes, Effects, Wages, and Emoluments which Forteitures. under the Provisions berein-before contained are forfeited for

Desertion shall be applied in the first instance in or towards the Reimbursement of the Expenses occasioned by such Desertion to the Master or Owner of the Ship from which the Desertion has taken place; and may, if earned subsequenily to the Desertion, be recovered by such Master, or by the owner or his Agent, in the same Manner as the Deserter might have recovered the same if they had not been forfeited ; and in any legal Proceeding relating to such Wages the Court may order the same to be paid accordingly; and subject to such Reimbursement the same shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom ; and in all other Cases of Forleiture of Wages under the Provisions herein-before contained the Forfeiture shall, in the Absence of any specific Directions to the contrary, be for the Benefit of the Master or Owner by whom

the Wages are payable. Questions of CCLIV. Any Question concerning the Forfeiture of or DeForfeitures

duciions from the Wages of any Seaman or Apprentice may be ed in Suits for determined in any Proceeding lawsuliy instituied with respect Wages. to such Wages, notwithstanding that the Orience in respect of

which such Question arises, though hereby made punishable by Imprisonment as well as Forfeiture, has not been made the

Subject of any Criminal Proceeding. Penalty for

CCLV. If any Seaman on or before being engaged wilfully false State and fraudulently makes a false Statement of the Name of his ment as a last last Ship or last alleged Ship, or willully and fraudulently Ship or

makes a false Statement of his own Name, he shall incur a Penalty not exceeding Five Pounds; and such Penalıy may be deducted from any Wages he may earn by virtue of such Engagement as aforesaid, and shall, subject to Reimbursement of the Loss and Expenses (if any) occasioned by any previous Desertion, be paid and applied in the same Manner as other Penalties payable under this Act.

may be decid

Fines to be CCLVI. Whenever any Seaman commits an Act of Misdeducted from conduct for which his Agreement imposes a Fine, and which it Wayes, and is intended to punish by enforcing such Fine, an Entry thereof

shall

Merchant Shipping (Part III. Dias'ers and Scanien.)

Discipline.

shall be made in the official Log Book, and a Copy of such

paid to ShipEniry shall be furnished or the same shall be read over to the ping

Master. Offender, and an Entry of such reading over, and of the Reply (if any) made by the Ohlender, shall be made, in the Manner and subject to the Conditions berein-before specified wiih respect to the Offences against Discipline specified in and punishable under this Act; and such fine shall be deducted and paid over as folloss ; (that is to say,) if the Oftender is discharged in the United Kingdon, and the Offence and such Entries in respect thereof as aforesaid are proved, in the Case of a Foreigngoing Ship to the Satisfaction of the Shipping Master before whora ihe Oitender is discharged, and in the Case of a flome Trade Ship 10 the Satisfaction of the Shipping Master at or nearest to the Place at which the Crew is discharged, the Master or Owner sliall deduct such Fine from the Tages of the Oflender, and pay tłie same over to such Shipping Master; and is before the final Discharge of the Crew in the United Kingdom any such Ollender as aforesaid enters into any of Her Majesty's Ships, or is discharged abroad, and the Orience and such Entries as aforesaid are proved to the Satisfaction of the Officer in command of the Ship into which he so enters, or of ile Consular Officer, Officer of Customs, or other Person by whose Sanction he is so discharged, the Fine shall thereupon be deducted as aforesaid, and an Entry of such Deduction shall then be made in the oflicial Log Book (if any) and signed by such Officer or other Person ; and on the Return of the Ship to the United Kingdom the Master or Owner shall pay over such fine, in the Case of Foreign-going Ships, to the Shipping Dias:er before wliom the Crew is discharged, and in the Case of Home Trade Ships to the Shipping Master at or nearest to the Place at which the Crew is discharged ; and if any Master or Owner neglecis or refuses to pay over any such fine in manner aforesaid he shall for each such Cience incur a Penalty not exceeding Six Times the Amount of the Fine retained by himn : Provided that no Act of Misconduet for which any such Fine as aforesaid has been inflicted and paid shall be otherwise punished under the Provisions of this Act.

CCLVII. Every person who by any Means whatever per- Penalty for suades or attempis to persuade any Seaman or Apprentice to enticing to neglect or refuse to join or to proceed to Sea in or to desert from desert, and his Ship, or otherwise to absent himself from his Duty, shall Deserters. for each such Oftence in respect of each such Seaman or Apprentice incur a Penalty not exceeding Ten Pounds; and every Person who wilfully harbours or secretes any Seaman or Apprentice who has deserted from his Ship, or who has wilsuliy neglected or refused to join or has deserted from his Ship, knowing or having Reason to believe such Seaman or Apprentice to have so done, shall for every such Seaman or Apprentice

Discipline.

Merchant Shipping (Part III. Masters and Seamen.)

so harboured or secreted incur a Penalty not exceeding Twenty Pounds.

Penalty for

CCLVIII. Any Person who secretes himself and goes to Sea obtaining in any Ship without the Consent of either the Owner, ConPassage sur reptitiously. signee, or Master, or of a Mate, or of any Person in charge of

such Ship, or of any other Person entitled to give such Consent, shall incur a Penalty not exceeding Twenty Pounds, or be liable to Imprisonmeni with or without Hard Labour for any Period not exceeding Four Weeks.

On Change of

CCLIX. If during the Progress of a Voyage the Master is Masters, Do- superseded or for any other Reason quits the Ship and is succuments here- ceeded in the Command by some other Person, he shall deliver to be handed to his Successor the various Documents relating to the Navigaover to Suc- tion of the Ship and to the Crew thereof which are in his Cus

tody, and shall in default incur a Penalty not exceeding One hundred Pounds; and such Successor shall immediately on assuming the Command of the Ship enter in the Official Log a List of the Documents so delivered to him.

cessor.

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Naval Courts CCLX. Any Officer in command of any Ship of Her Majesty may be sum

on any Foreign Station, or, in the Absence of such Officer, any moned for hering Com. Consular Oficer, may summon a Court, to be terined a.“ Naval plaints, and

Couri,” in the following Cases ; (that is to say,) investigating Wrecks on the High Seas (1.) Whenever a Complaint which appears to such Officer or abroad.

to require immediate Investigation is made to him by the Master of any British Ship, or by any certificated Mate, or by One or more of the Seamen belonging to any such Ship :

(2.) Whenever the Interest of the Owner of any British

Ship or of the Cargo of any such Ship appears to such
Ollicer to require it :

(3.) Whenever any British Ship’is wrecked or abandoned

or otherwise lost at or near the Place where such Officer may be, or whenever the Crew or Part of the Crew of any British Ship which has been wrecked, abandoned, or lost abroad, arrives at such Place.

Constitutionof CCLXI. Every such Naval Court as aforesaid shall consist euch Courtso of not more than Five and not less than Three Members, of

whom, if possible, One shall be an Officer in the Naval Service of Her Majesty not below the Rank of Lieutenant, One a Consular Officer, and One a Master of a British Merchant Ship,

and

Naval Courts.

Merchant Shipping (Part III. Masters and Seamen.)

and the rest shall be either Officers in the Naval Service of Her Majesty, Masters of British Merchant Ships, or British Merchants; and such Court may include the Naval or Consular Officer summoning the same, but shall not include the Master or Consignee of the Ship to which the Parties complaining or complained against may belong; and the Naval or Consular Officer in such Court, if there is only One such Ollicer in the Court, or, if there is more than One, the Naval or Consular Officer, who, according to any Regulations for settling their respective Ranks for the Time being in force, is of the highest Rank, shall be the President of such Court.

CCLXII. Every such Naval Court shall hear and investigate General Functhe Complaint brought before it, or the Cause of the Wreck or tious and Abandonment, (as the Case may be,) and may for that Pur- Mode of ACpose summon and compel the Attendance of Parties and Wit- Courts. nesses, and administer Oaths, and order the Production of Documents, and shall conduct the Investigation in such Manner as to give any Person against whom any Charge is made an Opportunity of making a Defence.

Courts :

CCLXIII. Every such Naval Court may, after hearing the Power of such Case, exercise the following Powers ; (that is to say,) (1.) It may, if unanimous that the Safety of the Ship or Crew, To supersede

or the Interest of the Owner, absolutely requires it, super- the Master.
sede the Master, and may appoint another Person to act
in his Stead ; but no such Appointment shall be made
without the Consent of the Consignee of the Ship, if then
at the Place :

(2.) It may discharge any Seaman from his Ship :

To discharge a Seaman :

(3.) It may order the Wages of any Seaman so discharged or To forfeit

any part of such Wages to be forfeited, and may direct Wages :
the same either to be retained by way of Compensation
to the Owner, or to be paid into the Receipt of Her Ma-
jesty's Exchequer in the same Manner as other Penalties
and Forfeitures under this Act :

(4.) It may decide any Questions as to Wages, or Fines, or To decide

Forfeitures, arising between any of the Parties to the Disputes as to
Proceedings :

Wages, &c:

(5.) It may direct that all or any of the Costs incurred by To direct

the Master or Owner of any Ship in procuring the Costs of Im..
Imprisonment of any Seaman or Apprentice in a Foreign be paid out of
Port, or in his Maintenance whilst so imprisoned, shall Wages:
be paid out of and deducted from the Wages of such

Seaman

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