Merchant Shipping (Part III. Masters and 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 Seaman was duly engaged as hereby required shall lie upon he Master. Engagement of Seamen. Sanction and in the Pre 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 gaged in Foreign Ports to is a British Consular Officer shall, before carrying such Seaman be shipped to Sea, procure the Sanction of such Officer, and shall engage such with the Seaman before such Officer; and the same Rules as are here 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, otherwise 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 the Master. CLXI. The following Rules shall be observed with respect to Rules as to the Production of Agreements and Certificates of Competency Production of or Service for Foreign-going Ships; (that is to say,) Agreements and Certificates of reign-going (1.) The Master of every Foreign-going Ship shall, on Masters and Certificate to that Effect: (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 Commencement of the Agreement, sign and give to the Master, on Engagement of Seamen. Rules as to Production of Agreements and Certificates for Home Trade 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. CLXII. The following Rules shall be observed with respect to the Production of Agreements and Certificates of Competency or Service for Home Trade Ships; (that is to say,) (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 also Merchant Shipping (Part III. Masters and Seamen.) also in the Case of Home Trade Passenger Ships pro- (3.) The Shipping Master shall thereupon give to the Master And if the Agreement for any Home Trade Ship is not delivered Engagement of Seamen. attested to Parties. 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 Merchants. CLXIV. Every Person who fraudulently alters, assists in Penalty for fraudulently altering, or procures to be fraudulently altered, or falsifying makes or assists in making, or procures to be made, any false Agreement. 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. CLXV. Any Seaman may bring forward Evidence to prove Seamen not to the Contents of any Agreement or otherwise to support his Case, be bound to without producing or giving Notice to produce the Agreement produce or any Copy thereof. Agreement. 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 be made ac Engagement of cessible to Crew. Seamen dis sation. Merchant Shipping (Part III. Masters and Seamen.) 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. 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 before One Month's Wages are earned, 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 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 Compensation as if it were Wages duly earned. Allotment of Regulations as Notes. Allotment of Wages. CLXVIII. All Stipulations for the Allotment of any Part of to Allotment the Wages of a Seaman during his Absence which are made at 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 Notes may be sued on summarily by certain Per ditions. CLXIX. The Wife, or the Father or Mother, or the Grandfather or Grandmother, or any Child or Grandchild, or any Brother or Sister of any Seaman in whose Favour an Allotment 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 Conforfeited or ceased to be entitled to the Wages out of which the Allotment is to be paid, and subjeet, as to the Wife, to the Provision herein-after 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 County Court or in the summary Manner in which Seamen are by this Act enabled to sue for and recover Wages not exceeding Fifty 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 Note, and that the Note was given by the Owner or by the Master 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.) 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 Payment of Wages. Allotment of Discharge and be made before CLXX. In the Case of all British Foreign-going Ships, in Discharge 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 discharged and receive their Wages in the Presence of a Shipping 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 Home 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 therefrom 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 Wa Vages, and also upon the Hearing before any competent Authority of any Complaint or Question relating to such Pay ments. Certificates of 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 give Seamen 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 Comcharge he shall for each such Offence incur a Penalty not exceeding petency or |