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Merchant Shipping (Part III. Masters and Seamen.)
CCXLIX. In all Cases of Desertion from any Ship in any 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
copied, seigt 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 Evideace. 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 Deit shall be sufficient for the Party insisting on the Forfeiture sertion, so far
as concerns 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 Eniry 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.
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 any Offence by any com- Por
"may to the petent Tribunal and rightfully punished therefor by Imprison- Extent of 32 ment or otherwise, the Court hearing the Case may direct a be deducted 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 Voyage or by the Run or by the Share, and not by the Month or Forfeiture other stated Period of Time, the Amount of Forfeiture to be in- ascertained
how to be 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. Month
Merchant Shipping (Part III. Masters and Sesmen.)
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 Forfeitures. 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 subsequently 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 Masier or Owner by whom the Wages are payable.
Questions of CCLIV. Any Question concerning the Forfeiture of or DeForfeitures, ductions from the Wages of any Seaman or Apprentice may be may be decided in Suits for determined in any Procceding lawfully instituted 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 States and fraudulently makes a false Statement of the Name of his ment as to last 1
last Ship or last alleged Ship, or wilíully and fraudulently Ship or Name.
makes a false Statement of his own Name, he shall incur à 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, subject to Reimbursement of the Loss and Expenses (if any) occasioned by any previous Desertion, be paid and applied in the same Manuer as other Penalties payable under this Act.
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
Morchant Shipping (Part III. Diasiers and Scanien.)
shall be made in the official Log Book, and a Copy of such
paid to ShipEntry shall be furnished or the sume shall be read over to the bing Master. Oliender, and an Entry of such reading over, and of the Reply (if any) made by the Ottender, shall be made, in the Manner and subject to the Conditions lerein-before specified with respect to the Ofences 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 Gingilon, and the Ofence 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 whom the Ontender is discharged, and in the Case of a lione Trade Ship to the Satisfaction of the Shipping Master at or nearest to the Place at which the Crew is discharged, the Master or Owner shall deduct such Finc from the Wages of the Offender, 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 lier Majesty's Suips, or is discharged abroad, and the Orience and such Entries as aforesaid are proved to the Sausfaction of ihe Ollicer in command of the Ship into which he so enters, or of ihe Consular Officer, Officer of Customs, or other Person by whose Sanction be is so discharged, the Fine shall thereupon be deducted as aforesaid, and an Entry of such Deduction shall then be made in the oilicial Log Book (if any) and signed by such Officer or other Person ; and on the Return of the Ship 10 the United Kingdom the faster or Owner shall pay over such Fine, in the Case of Foreign-going Ships, to the Shipping Niaster before wlom 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 sneh Ciience incur a Penalty not exceeding Six Times the Amount of the Fine retained by hiin : 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- pena suades or attempts to persuade any Seainan 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 |
1 harbouring for each such Offence 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 wilsully 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
Merchant Shipping (Part III. Masters and Seamen.)
so harboured or secreted incur a Penalty not exceeding Twenty Pounds.
Penalty for obtaining Passage sur: reptitiously.
CCLVIII. Any Person who secretes himself and goes to Sea in any Ship without the Consent of either the Owner, Consignee, 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.
Ou 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 suc
re- ceeded in the Command by some other Person, he shall deliver by required to be handed to his Successor the various Documenis relating to the Navigaover to Suc- tion of the Ship and to the Crew thereof which are in his Cus
10dy, 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.
Naval Courts on the High Scas and abroad. Naval Courts. Naval Courts CCLX. Any Officer in command of any Ship of Her Majesty may be sum. a moned for
le on any Foreign Station, or, in the Absence of such Officer, any hearing Com- Consular Oficer, may summon a Court, to be terined a.“ Naval plaints, and Court," in the following Cases ; (that is to say,) investigating Wrecks 02 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 · Oilicer 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 Brilish 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,
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 Consnlar Officer, who, according to any Regulations for seitling their respective Ranks for the Time being in force, is of the highest Rank, shall be the President of such Courl.
CCLXII. Every such Naval Court shall hear and investigate General Functhe Complaint brought before it, or the Cause of the Wreck or tious and
mou for that Pos Mode of AcAbandonment, as the Case may be,) and may for that Pur
Ftion of such pose summon and compel the Attendance of Parties and Wit- Courts. nesses, and administer Daths, 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,
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 supersedo
or the Interest of the Owner, absolutely requires it, super- t
(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 forseit
any Part of such Wages to be forfeited, and may direct Was
(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
Wages, &c: Proceedings :
(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.