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النشر الإلكتروني

Naval Courts.

Marchant Shipping (Part III. Misters and Seamen.)

Seaman or Apprentice, wheiher then or subsequently earned:

To send home
Olenders for
Trial :

(6.) It may exercise the same Powers with regard to Persons

charged before it witli íhe Commission of Otonces at Sea or abroad as are by this act given to Brilish Consular Ollicers,

To order Payment of Custs, &c.

(7.) It may order the Costs of the Proceeding before it (if

any), or any Portion thereof, to be paid by any of the Parties thereto, and may order any person making a frivolous or vexatious Complaint to pay Compensation for any Loss o: Delay caused thereby; and any Cost or Compensation so ordered shall be paid by such Person accordingly, and may be recovered in the same Manner in which the Wages of Seamen are recoverable, or may, if the Case admits, be deducted from his Wages:

And all Orders duly made by any such Court under the Powers hereby given to it shall in any subsequent legal Proceedings be deemed conclusive as to the Rights of the Parties.

Orders to be entered in Official Loy.

CCLXIV. All Orders made by any such Naval Court shall, whenever practicable, be entered in the Official Log Book of the Ship to which the Parties to the Proceedings before it belong, and shall be signed by the President of the Court.

Report to be CCLXY. Every such Naval Court shall make a Report to made of Pro- the Board of Trade, containing the following Particulars; Naval Courts. (that is to say,)

(1.) A Statement of the Proceedings, with the Order made

by the Court, and a Report of the Evidence :

(2.) An Account of the Wages of any Séaman or Appren

tice who is discharged from his Ship by such Court:

(3.) Il summoned in order to inquire into a Case of Wreck

or Abandonment, a Statement of the Cpinion of the Couri as to the Cause of such Wreck or Abandonment with suco Remars on the Conduct of the Master and Crew as the Circumstances require :

And every such Report shall be signed by the President of the Court ; and every Document purporting to be such a Report and to be so signed as aforesaid shall, if produced out of the Custody of some Officer of the Board of Trade, be deemed to be such Report, unless the contrary is proved, and shall be received in Evidence, subject to all just Exceptions.


Naval Courts.

Merchant Shipping (Part III. Masters and Seamen.)

CCLXVI. Any Person who wilfully and without due Cause Penalty for prevents or obstrucis the making of any such Complaint as last preventing aforesaid, or the Conduct of any Case or investigation by any Complaint or Naval Court, shall for each such Otience incur a Penaliy not Investigation exceeding Fisty Pounds, or be liable to Imprisonment with or withou: Hard Labour for any Period not exceeding Twelve Weeks.

Crimes committed on the High Seas and abroad.

Crimes coin

milted abroad. CCLXVII. Al! Offences against Property or Person committed Offences comin or at any Place either ashore or afloat out of Her Majesty's mitted by BriDominions by any Master, Seaman, or Apprentice who at ihe fish seamen at Time when the Oilence' is committed is or within Three to be within Months previously has been employed in any British Ship shall Admiralty be deemed to be Otiences of the same Nature respect

Jurisdictiota ively, and be liable to the same Punishments respectively, and be inquired of, heard, tried, determined, and adjudged in the same Manner and by the same Courts and in the saine Places as if such Oilences had been committed within the Jurisdiction of the Admiralty of England ; and the Costs and Expenses of the Prosecution of any such Oilence may be directed to be paid as in the Case of Costs and Expenses of Prosecutions for Odences committed within the Jurisdiction of the Admiralty of England.

CCLXVIII. The following Rules shall be observed with Conveyance of respect to Offences committed on the High Seas or abroad; Ofienders and

Witnesses to (that is to say,)

United King. (1.) Whenever any Complaint is made to any British Con- British Pus

sular Cirer of any of the Ollences mentioned in the
last preceding Section, or of any Ofience on the High
Seas having been committed by any Master, Seaman,
or Apprentice belonging to any British Ship, such Con-
sular Ollicer may inquire into the Case upon Oathi, and
may if the Case so requires take any Steps in his Power
for the Purpose of placing the Offender under necessary
Restraint and of sending him as soon as practicable in
safe Custody to the United Kingdom, or to any British
Possession in which there is a Court capable of taking
cognizance of the Offence, in any Ship belonging to
Her Majesty or to any of Her Subjects, to be there pro-
ceeded against according to Law:

dom or soine


(2.) For the purpose aforesaid such Consular Officer may

order the Miister of any Ship belonging to any Subject
of Her Majesty bound to the United Kingdom or to such
British Possession as aforesaid to receive and afford a


Crimes combutted abroad.

Merchant Shipping (Part III. Masters and Seamen.)

Passage and Subsistence during the Voyage to any such Offender as aforesaid, and to the Witnesses, so that such Master be not required to receive more than One Offender for every One hundred Tons of his Ship's registered Tonnage, or more than One Witness for every Fifty Tons of such Tonnage; and such Consular Otlicer shall indorse upon the Agreement of the Ship such Particulars with respect to any Offenders or Witnesses sent in her as the Board of Trade requires:

(3.) Every such Master shall on his Ship’s Arrival in the

United Kingdom, or in such British Possession as aforesaid, give every Offender so committed to his Charge into the Custody of some Police Officer or Constable, who shall take the Offender before a Justice of the Peace or other Magistrate by Law empowered to deal with the Matter, and such Justice or Magistrate shall deal with the Matter as in Cases of Offences committed upon the High Seas:

And any such Master as aforesaid who, when required by any British Consular Officer to receive and afford a Passage and Subsistence to any Offender or Witness, does not receive him and afford such Passage and Subsistence to him, or who does not deliver any Oflender committed to his Charge into the Custody of some Police Officer or Constable as herein-before directed, shall for each such Offence incur a Penalty not exceeding Fifty Pounds; and the Expense of imprisoning any such Offender and of conveying him and the Witnesses to the United Kingdom or to such British Possession as aforesaid in any Manner other than in the Ship to which they respectively belong, shall be part of the Costs of the Prosecution, or be paid as Costs incurred on account of seafaring Subjects of Her Majesty left in Distress in Foreign Parts.

Inquiry into
Cause of
Death on

CCLXIX. Wheneverany Case of Death happens on board any Foreign-going Ship, the Shipping Master shall on the Arrival of such Ship at the Port where the Crew is discharged inquire into the Cause of such Death, and shall make on the List of the Crew delivered to him as herein required an Indorsement to the Effect either that the Statement of the Cause of Death therein contained is in his Opinion true or otherwise, as the Result of the Inquiry requires; and every such Shipping Master shall for the Purpose of such Inquiry have the Powers hereby given to Inspectors appointed by the Board of Trade under the First Part of this Act; and if in the course of such Inquiry it appears to him that any such Death as aforesaid has been caused by Violence or other improper Means, he shall either report the Matter to the Board of Trade, or, if the


Merchant Shipping (Part III. Masters and Seamen.)

Crimes commilled abroad.

Emergency of the Case so requires, shall take immediate Steps for bringing the Offender or Ofienders to Justice.

CCLXX. Whenever in the course of any legal Proceedings Depositions to instituted in any part of Her Majesty's Dominions before any Evidence Judge or Magistrate, or before any person authorized by Law when Witness or by Consent of Parties to receive Evidence, the Testimony cannot be

produced. of any Witness is required in relation to the Subject Matter of such Proceeding, then upon due Proof, if such Proceeding is instituted in the United Kingdom, that such Witness cannot be found in that Kingdom, or if in any British Possession, that he cannot be found in the same Possession, any Deposition that such Witness may have previously made on Oath in relation to the same Subject Matter before any Justice or Magistrate in Her Majesty's Dominions, or any British Consular Officer elsewhere, shall be admissible in Evidence subject to the following Restrictions; (that is to say,)

(1.) If such Deposition was made in the United Kingdom, it

shall not be admissible in any Proceeding instituted in the
United Kingdom :

(2.) If such a Deposition was made in any British Posses

sion, it shall not be admissible in any Proceeding instituted
in the same British Possession :

(3.) If the Proceeding is Criminal it shall not be admissible

unless it was made in the Presence of the Person
accused :

Every Deposition so made as aforesaid shall be authenticated by the Signature of the Judge, Magistrate, or Consular Officer, before whom the same is made ; and such Judge, Magistrate, or Consular Officer shall, when the same is taken in a Criminal Mailer, certify, if the Fact is so, and that the accused was present at the taking thereof, but it shall not be neeessary in any Case to prove the Signature or official Character of the Person appearing to have signed any such Deposition; and in any Criminal Proceeding such Certificate as aforesaid shall, unless the contrary is proved, be sufficient. Evidence of the accused having been present in manner thereby certified; but nothing berein contained shall affect any Case in which Depositions taken in any Proceeding are rendered admissible in Evidence by any Act of Parliament, or by any Act or Ordinance of the Legislature of any Colony, so far as regards such Colony, or to interfere with the Power of any Colonial Legislature to make such Depositions admissible in Evidence, or to interfere with the Practice of any Court in which Depositions not authenticated as herein-before mentioned are admissible.


Merchant Shipping (Part III. Masters and Scomen.)

Registration and Returns respecling Scamen.

Registration of and Returns respecting Seamen.

Establishment CCLXXI. There shall be in the Port of London an Office, to of Register Otlice.

be called the “General Register and Hecord Office of Seamen, and the board of Trade shall have Control over ihe same, and may appoint and from Time to Time remove a Registrar General, and such Assistants, Clerks and Servants as may be necessary, and may from Time to Time, with the Consent of the Treasury, regulate their Salaries and Allowances; and such Salaries and Allowances, and all other necessary Expenses, shall be paid by the Treasury out of any Monies to be granted by Parliament for that Purpose ; and the Board of Trade may, direct the Business of the Register Office at any of the Ont. ports to be transacted at the Shipping Olice, or, with the Consent of the Commissioners of Customs, at the Custom House of the Port, and may appoint the Shipping Master, or, with such Consent as aforesaid, some Officer of Customs, to conduct the same; and such Busines shall thereupon be conducted accordingly, but shall in all Cases be subject to the immediate Control of the Board of Trade.

Register of CCLXXII. The said Registrar General of Seamen shall by Seamen to be means of the Agreements, Lists, and other Papers to be transkept.

mitted to him as herein directed, or by such other Means as are in bis Power, keep a Register of all Persons who serve in Ships subject to the Provisions of this Act.

Lists to be CCLXXIII. Every Master of every Foreign-going Ship of made for all

which the Crew is discharged in ihe United Kingdom, in Ships, containing certain whatever Part of Her Majesty's Dominions the saine is revisParticulars. tered, and of every Home Trade Ship, shall make out and

sign a List in a Form sanctioned by ihe Board of Trade, containing the following Particulars; (that is to say,)

(1.) The Number and Date of the ship's Register and her

registeied Tonnage :

(2.) The Length and general Nature of the Voyage or

Employinent: (3.) The Christian Names, Surnames, Ages, and Places

of Birtli of all the Crew, including the Master and apprentices; their Qualities on board, their last Suips or oilier Employments, and the Dates and Places of iheir

joining the Ship: (4.) The names of any Members of the Crew who have

died or otherwise ceased to belong to the Ship, with the Times, Places, Causes, and Circumstances thereof:

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