صور الصفحة
PDF
النشر الإلكتروني

Merchant Shipping (Part III. Masters and Seamen.)

Engagement of Seamen.

of Seamen before Shipping Masters in the United Kingdom
shall apply to such Engagements in a British Possession, and
upon every such Engagement such Shipping Master or Officer
as aforesaid shall indorse upon the Agreement an Attestation
to the Effect that the same has been signed in his Presence,
and otherwise made as hereby required ; and if in any Case
such Attestation is not made, the Burden of proving that the
Seamar was duly engaged as hereby required shall lie upon
he Master.

in Fo.

CLX. Every Master of a British Ship who engages any Sea- Seamen enman at any Place out of Her Majesty's Dominions in which there are

reign Ports to is a British Consular Officer shall, before carrying such Seaman be shipped to Sea, procure the Sanction of such Officer, and sball engage such with the

Sanction and Seaman before such Officer; and the same Rules as are herein in before contained with respect to the Engagement of Seamen sence of the before Shipping Masters in the United Kingdom shall apply to Consul. such Engagements made before Consular Officers ; and upon every such.Engagement the Consular Officer shall indorse upon the Agreement his Sanction thereof, and an Attestation to the Effect that the same has been signed in his presence, and otherwise made as hereby required ; and every Master who engages any Seaman in any Place in which there is a Consular Officer, otlicrwise than as herein-before required, shall incur a Penalty not exceeding Twenty Pounds; and if in any Case the Indorsement and Attestation hereby required is not made upon the Agreement, the Burden of proving the Engagement to have been made as herein-before required shall lie upon ihe Master.

--

---

CLXI. The following Rules shall be observed with respect to Rules as to the Production of Agreemeats and Certificates of Competency Production of

Agreements or Service for Foreign-going Ships ; (that is to say,)

and Certi.

ficates of (1.) The Master of every Foreign-going Ship shall, on Masters and

the Mates of fosigning the Agreement with his Crew, produce to the Shipping Master before whom the same is signed the ships. Certificates of Competency or Service which the said Masier and his first and Second Mate or Only Mate, as the Case may be, are hereby required to possess; and upon such Production being duly made, and the Agreement being duly executed as hereby required, the Shipping Masier shall sign and give to the Master a Certificate to that Etrect :

(2.) In the Case of running Agreements for Foreign-going

Ships the Shipping Master shall, before the Second and
every subsequent Voyage made after the First Commen-
cement of the Agreement, sign and give to the Master,

on

Engagement of Seumen.

Merchant Shipping (Part III. Masters and Seamen.)

on his complying with the Provisions herein contained with respect to such Agreements, and producing to the Shipping Master the Certificate of Competency or Service of any First, Second, or Only Mate then first engaged by him, a Certificate to that Effect :

(3.) The Master of every Foreign-going Ship shall, before

proceeding to Sea, produce the Certificate so to be given to him by the Shipping Master as aforesaid to the Collector or Comptroller of Customs, and no Officer of Customs shall clear any such Ship Outwards without such Production ; and if any such Ship attempts to go to Sea without a Clearance, any such Officer may detain her until such Certificate as aforesaid is produced :

(4.) The Master of every Foreign-going Ship shall, within

Forty-eight Hours after the Ship's Arrival at her final Port of Destination in the United Kingdom, or upon the Discharge of the Crew, which ever first happens, deliver such Agreement to a Shipping Master at the Place; and such Shipping Master shall thereupon give to the Master a Certificate of such Delivery; and no Officer of Customs shall clear any Foreign-going Ship Inwards without the Production of such Certificate :

And if the Master of any Foreign-going Ship fails to deliver the Agreement to a Shipping Master at the Time and in the Manner hereby directed, he shall for every Default incur a Penalty not exceeding Five Pounds.

Rules as to . CLXII. The following Rules shall be observed with respect Production of Agreements to the Production of Agreements and Certificates of Competenand Certific cy or Service for Home Trade Ships ; (that is to say,) cates for Home Trade Ships.

(1.) In the Case of Home Trade Ships of more than Eighty

Tons Burden, no Agreement shall extend beyond the next following Thirtieth Day of June or Thirty-first Day of December, or the First Arrival of the Ship at her final Port of Destination in the United Kingdom after such Date, or the Discharge of Cargo consequent upon such Arrival :

(2.) The Master or Owner of every such Ship shall, within

Twenty-one Days after the Thirtieth Day of June and the Thirty-first Day of December in every Year, transmit or deliver to some Shipping Master in the United Kingdom every Agreement made within the Six Calendar Months next preceding such Days respectively, and shall Merchant Shipping (Part III. Masters and Seamen.)

Engagement of Seamen.

also in the Case of Home Trade Passenger Ships pro-
duce to the Shipping Master the Certificates of Compe-
tency or Service which the said Master, and his first or
Only Mate, as the Case may be, are hereby required to
possess :

(3.) The Shipping Master shall thereupon give to the Master

or Owner a Certificate of such Delivery and Production ;
and no Officer of Customs shall grant a Clearance or
Transire for any such Ship as last aforesaid without the
Production of such Certificate ; and if any such Ship
attempts to ply or go to Sea without such Clearance or
Transire, any such Officer may detain her until the said
Certificate is produced :

And if the Agreement for any Home Trade Ship is not delivered or transmitted by the Master or Owner to a Shipping Master at the Time and in the Manner hereby directed, such Master or Owner shall for every Default incur a Penalty not exceeding Five Pounds.

som

:

altested to

CLXIII. Every Erasure, Interlineation, or Alteration in any Alterations to such Agreement with Seamen as is required by the Third Part be void unless of this Act (except Additions so made as herein-before directed

have been for shipping Substitutes or Persons engaged subsequently to the made with the First Departure of the Ship) shall be wholly inoperative, unless Consent of all proved to have been made with the Consent of all the Persons" interested in such Erasure, Interlineation, or Alteration by the written Attestation (if made in Her Majesty's Dominions) of some Shipping Master, Justice, Officer of Customs, or other public Functionary, or (if made out of Her Majesty's Dominions) of a British Consular Officer, or, where there is no such Officer, of Two respectable British Merchan18.

reement.

CLXIV. Every person who fraudulently alters, assists in Penalty for fraudulently altering, or procures to be fraudulenily altered, or falsifying makes or assists in making, or procures to be made, any false 4 Entry in, or delivers, assists in delivering, or procures to be delivered, a false Copy of any Agreement, shall for each such Offence be deemed guilty of a Misdemeanor.

eamen not to

CLXV. Any Seaman may bring forward Evidence to prove se the Contents of any Agreement or otherwise to support his Case, be bound 10 without producing or giving Notice to produce the Agreement produce

Agreement or any Copy thereoi.

CLXVI. The Master shall at the Commencement of every Copy of Voyage or Engagement cause a legible Copy of the Agreement Agreement to (omitting the Signatures) to be placed or posted up in such

Part

made aca

Engagement of

Seamen.

Merchant Shipping (Part III. Masters and Seamen.)

cessible to Crew.

Part of the Ship as to be accessible to the Crew, and in default shall for each Offence incur a Penalty not exceeding Five Pounds.

Seamen dis- CLXVII. Any Seaman who has signed an Agreement, and charged before is afterwards discharged before the Commencement of the Voyage to have Compen- voyage, Or.

unen. Voyage, or before One Month's Wages are eamed, without sation.

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 for the Damage thereby caused to him, not exceeding One Month's Wages, and may, on adducing such Evidence as the Court hearing the Case deems satisfactory of his having been so improperly discharged as aforesaid, recover such Compensa

tion as if it were Wages duly earned." Allotment of Wages.

Allotment of Wages. Regulations as CLXVII. All Stipulations for the Allotment of any Part of 10 Allotment the Wages of a Seaman during his Absence which are made at Notes.

the Commencement of the Voyage 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 Forms

sanctioned by the Board of Trade. Allotment

CLXIX. The Wife, or the Father or Mother, or the GrandNotes may be father or Grandmother, or any Child or Grandchild, or any sued on sum. Brother or Sister of any Seaman in whose Favour an Allotment marily by certain Per. Note of Part of the Wages of such Seaman is made, may, unless sons and under the Seaman is shown in manner herein-after mentioned to have certain Con forfeited or ceased to be entitled to the Wages out of which the ditions.

Allotment is to be paid, and subjeet, as to the Wife, to the Provision herein-after contained, sue for and recover the Sums alloited by the Note when and as the same are made payable, with Cosis, from the Owner or any Agent who has authorized the drawing of the Note, either in ihe County Court or in the summary Manner in which Seamen are by this Act enabled to sue for and recover Wages not exceeding Fisty Pounds; and in any such Proceeding it shall be sufficient for the Claimant to prove that he or she is the Person mentioned in the Fote, and ihat the Note was given by the owner or by the Masier or some other authorized Agent; and the Seaman shall be presumed to be duly earning his Wages, unless the contrary is shown to the Satisfaction of the Court, either by the official Statement of the Change in the Crew caused by his Absence made and signed by the Master, as by this Act is required, or by a duly certified Copy of some Entry in the official 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 Merchant Shipping (Part III. Masters and Seamen.)

Allotment of

Wages.

considers sufficient to show satisfactorily that the Seaman has ceased to be entitled to the Wages out of which the Allotment is to be paid : 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 thereupon forfeit all Right to further Payments of any Allotment of his Wages which has been made in her Favour.

Discharge and Discharge and Payment of Wages.

Payment of

Wages. CLXX. In the Case of all British Foreign-going Ships, in Dischare whatever Part of Her Majesty's Dominions the same are re- from Foreigngistered, all Seamen discharged in the United Kingdom shall going Ships to

be made before be discharged and receive their Wages in the Presence of a so Shipping Master duly appointed under this Act, except in Master. Cases where some competent Court otherwise directs; and any Master or Owner of any such Ship who discharges any Seaman belonging thereto, or, except as aforesaid, pays his Wages within the United Kingdom in any other Manner, shall incur a Penalty not exceeding Ten Pounds ; and in the Case of Horne Trade Ships Seamen may, if the Owner or Master so desires, be discharged and receive their Wages in like Manner.

CLXXI. Every Master shall, not less than Twenty-four Master to deHours before paying off or discharging any Seaman, deliver to liver Account

of Wages. him, or, if he is to be discharged before a Shipping Master, to such Shipping Master a full and true Account in a Form sanctioned by the Board of Trade of his Wages and of all Deductions to be made therefroin on any Account whatever, and in default shall for each 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.

Seamen

CLXXII. Upon the Discharge of any Seaman, or upon On Discharge, Payment of his Wages, the Master shall sign and give him a Masters to Certificate of his Discharge, in a Form sanctioned by the gives

. Certificates of Board of Trade, specifying the Period of his Service and the Discharge.and Time and Place of his Discharge; and if any Master fails to return Certisign and give to any such Seaman such Certificate of Dis- ficate of Com

petency or charge he shall for each such Offence incur a Penalty not

exceeding

« السابقةمتابعة »