Apprentice. ships to Sea Service. Apprentices dentures to be each Voyage Merchant Shipping (Part III. Masters and Seamen.) Indentures shall not abate by reason of Death or Change in the Persons holding the Office; but no such Action shall be commenced without the Consent of the Irish Poor Law Commissioners: (5.) The Amount of the Costs incurred in any such Action and not recovered from the Defendant therein, may be charged upon the Union or Electoral Division (as the Case may be) to which the Boy or his Parent or Parents was or were chargeable at the Time of his being apprenticed. CXLV. The Master of every Foreign-going Ship shall, before and their In- carrying any Apprentice to Sea from any Place in the United brought before Kingdom, cause such Apprentice to appear before the Shipping Shipping Master before whom the Crew is engaged, and shall produce Master before to him the Indenture by which such Apprentice is bound, and in a Foreignthe Assignment or Assignments thereof (if any); and the Name going Ship. of such Apprentice, with the Date of the Indenture and of the Assignment or Assignments thereof (if any), and the Name of the Port or Ports at which the same have been registered, shall be entered on the Agreement; and for any Default in obeying the Provisions of this Section the Master shall for each Offence incur a Penalty not exceeding Five Pounds. Engagement of Seamen. Board of Trade may license Persons to procure Sea men. Penalties: for supplying Seamen'without License; for employing unlicensed Persons; Engagement of Seamen. CXLVI. The Board of Trade may grant to such Persons as it thinks fit Licences to engage or supply Seamen or Apprentices for Merchant Ships in the United Kingdom, to continue for such Periods, to be upon such Terms, and to be revocable upon such Conditions, as such Board thinks proper. CXLVII. The following Offences shall be punishable as hereinafter mentioned; (that is to say,) (1.) If any Person not licensed as aforesaid, other than the Owner or Master or a Mate of the Ship, or some Person who is bona fide the Servant and in the constant Employ of the Owner, or a Shipping Master duly appointed as aforesaid, engages or supplies any Seaman or Apprentice to be entered on board any Ship in the United Kingdom, he shall for each Seaman or Apprentice so engaged or supplied incur a Penalty not exeeeding Twenty Pounds: (2.) If any Person employs any unlicensed Person, other than Persons so excepted as aforesaid, for the Purpose of engaging or supplying any Seaman or Apprentice to be entered Merchant Shipping (Part III. Masters and Seamen.) entered on board any Ship in the United Kingdom, he Engagement of Seamen. (3.) If any Person knowingly receives or accepts to be en- for receiving 1 CXLVIII. If any Person demands or receives, either directly Penalty for or indirectly, from any Seaman or Apprentice, or from any Per- receiving Reson seeking Employment as a Seaman or Apprentice, or from muneration any Person on his Behalf, any Remuneration whatever, other from Seamen for shipping than the Fees hereby authorized, for providing him with Em- them. ployment, he shall for every such Offence incur a Penalty not exceeding Five Pounds. CXLIX. The Master of every Ship, except Ships of less than Agreements Eighty Tons registered Tonnage exclusively employed in trad- to be made ing between different Ports on the Coasts of the United King- with Seamen, dom, shall enter into an Agreement with every Seaman whom certain Particontaining he carries to Sea from any Port in the United Kingdom as One culars. of his Crew in the Manner herein-after mentioned; and every such Agreement shall be in a Form sanctioned by the Board of Trade, and shall be dated at the Time of the first Signature thereof, and shall be signed by the Master before any Seaman signs the same, and shall contain the following Particulars as Terms thereof; (that is to say,) (1.) The Nature, and, as far as practicable, the Duration of the intended Voyage or Engagement : (2.) The Number and Description of the Crew, specifying how many are engaged as Sailors: (3.) The Time at which each Seaman is to be on board or to begin Work: (4.) The Capacity in which each Seaman is to serve : (5.) The Amount of Wages which each Seaman is to receive: (6.) A Scale of the Provisions which are to be furnished to each Seaman : (7.) Any Regulations as to Conduct on board, and as to Fines, short Allowance of Provisions, or other lawful Punishments for Misconduct, which have been sanctioned by the Board of Trade as Regulations proper to be adopted and which the Parties agree to adopt : And Engagement of Seamen. Forms for Merchant Shipping (Part III. Masters and Seamen.) And every such Agreement shall be so framed as to admit of Stipulations, to be adopted at the Will of the Master and Seaman in each Case, as to Advance and Allotment of Wages, and may contain any other Stipulations which are not contrary Proviso as to to Law: Provided that if the Master of any Ship belonging to any British Possession has an Agreement with his Crew made in due Form according to the Law of the Possession to which such Ship belongs or in which her Crew were engaged, and engages single Seamen in the United Kingdom, such Seamen may sign the Agreement so made, and it shall not be necessary for them to sign an Agreement in the Form sanctioned by the Board of Trade. Ships. For Foreigngoing Ships such Agreements, when made in the United Kingdom, except in special Cases, to be made before and attested by a Shipping Master; To be in Duplicate; Provision for CL. In the Case of all Foreign-going Ships, in whatever Part of Her Majesty's Dominions the same are registered, the following Rules shall be observed with respect to Agreements; (that is to say,) (1.) Every Agreement made in the United Kingdom (ex cept in such Cases of Agreements with Substitutes as are herein-after specially provided for) shall be signed by each Seaman in the Presence of a Shipping Master: (2.) Such Shipping Master shall cause the Agreement to be read over and explained to each Seaman, or otherwise ascertain that each Seaman understands the same before he signs it, and shall attest each Signature: (3.) When the Crew is first engaged the Agreement shall be signed in Duplicate, and one Part shall be retained by the Shipping Master, and the other Part shall contain a Special Place or Form for the Descriptions and Signatures of Substitutes or Persons engaged subsequently to the First Departure of the Ship, and shall be delivered to the Master: (4.) In the Case of Substitutes engaged in the Place of Seamen who have duly signed the Agreement, and whose Services are lost within Twenty-four Hours of the Ship's putting to Sea by Death, Desertion, or other unforeseen Cause, the Engagement shall, when practicable, be made before some Shipping Master duly appointed in the Manner herein-before specified; and whenever such last-mentioned Engagement cannot be so made, the Master shall, before the Ship puts to Sea, if practicable, and if not, as soon afterwards as possible, cause the Agreement to be read over and explained to the Seamen; and the Seamen shall thereupon sign the same in the Presence of a Witness, who shall attest their Signatures. Merchant Shipping (Part III. Masters and Seamen.) CLI. In the Case of Foreign-going Ships making Voyages Foreign-going averaging less than Six Months in Duration, running Agree- Ships making ments with the Crew may be made to extend over Two or short Voyages may have runmore Voyages, so that no such Agreement shall extend be- ning Agreeyond the next following Thirtieth Day of June or Thirty-first ments. Day of December or the First Arrival of the Ship at her Port of Destination in the United Kingdom after such Date, or the Discharge of Cargo consequent upon such Arrival; and every Person entering into such Agreement, whether engaged upon the First Commencement thereof or otherwise, shall enter into and sign the same in the Manner hereby required for other Foreign-going Ships; and every Person engaged thereunder, if discharged in the United Kingdom, shall be discharged in the Manner hereby required for the Discharge of Seamen belonging to other Foreign-going Ships. CLII. The Master of every Foreign-going Ship for which such Engagement a running Agreement as aforesaid is made shall, upon every of Seamen in and Discharge Return to any Port in the United Kingdom before the final Ter- the mean mination of the Agreement, discharge or engage before the time. Shipping Master at such Port any Seaman whom he is required by Law so to discharge or engage, and shall upon every such Return indorse on the Agreement a Statement (as the Case may be) either that no such Discharges or Engagements have been made or are intended to be made before the Ship again leaves Port, or that all such Discharges or Engagements have been duly made as herein-before required, and shall deliver the Agreement so indorsed to the Shipping Master; and any Master who wilfully makes a false Statement in such Indorsement shall incur a Penalty not exceeding Twenty Pounds; and the Shipping Master shall also sign an Indorsement on the Agreement to the Effect that the Provisions of this Act relating to such Agreement have been complied with, and shall redeliver the Agreement so Indorsed to the Master. CLIII. In Cases in which such running Agreements are made, Duplicates of the Duplicate Agreement retained by the Shipping Master running Agreements, upon the First Engagement of the Crew shall either be trans- how to be mitted to the Registrar General of Seamen immediately, or be dealt with. kept by the Shipping Master until the Expiration of the Agreement, as the Board of Trade directs. running CLIV. For the Purpose of determining the Fees to be paid Fees to be upon the Engagement and Discharge of Seamen belonging to paid on such Foreign-going Ships which have running Agreements as afore- Agreements. said, the Crew shall be considered to be engaged when the Agreement is first signed, and to be discharged when the Agreement finally terminates, and all intermediate Engagements and Discharges shall be considered to be Engagements and Discharges of single Seamen. Engagement of Seamen. In Home Trade Ships Agreement to be entered into before a Shipping Master or other Witness. Special A gree. ments for Home Trade ing to same Owners. Merchant Shipping (Part III. Masters and Seamen.) CLV. In the Case of Home Trade Ships, Crews or single Seamen may, if the Master thinks fit, be engaged before a Shipping Master in the manner herein-before directed with respect to Foreign-going Ships; and in every Case in which the Engagement is not so made, the Master shall, before the Ship puts to Sea, if practicable, and if not, as soon afterwards as possible, cause the Agreement to be read over and explained to each Seaman, and the Seaman shall thereupon sign the same in the Presence of a Witness, who shall attest his Signature. CLVI. In Cases where several Home Trade Ships belong to the same Owner, the Agreement with the Seamen may, notwithShips belong standing anything herein contained, be made by the Owner instead of by the Master, and the Seamen may be engaged to serve in any Two or more of such Ships, provided that the Names of the Ships and the Nature of the Service are specified in the Agreement; but with the foregoing Exception all Provisions herein contained which relate to ordinary Agreements for Home Trade Ships shall be applicable to Agreements made in pursuance of this Section. Penalty for shipping Sea men without Agreement duly executed. Changes in Crew to be reported. Seamen en. gaged in the Colonies to be Master or Officer of Cu toms. CLVII. If in any Case a Master carries any Seaman to Sea without entering into an Agreement with him in the Form and Manner and at the Place and Time hereby in such Case required, the Master in the Case of a Foreign-going Ship, and the Master or Owner in the Case of a Home Trade Ship, shall for each such Offence incur a Penalty not exceeding Five Pounds. CLVIII. The Master of every Foreign-going Ship of which the Crew has been engaged before a Shipping Master shall before finally leaving the United Kingdom sign and send to the nearest Shipping Master a full and accurate Statement in a Form sanctioned by the Board of Trade of every Change which takes place in his Crew before finally leaving the United Kingdom, and in default shall for each Offence incur a Penalty not exceeding Five Pounds; and such Statement shall be admissible in Evidence, subject to all just Exceptions. CLIX. Every Master of a Ship who, if such Ship is registered in the United Kingdom engages any Seaman in any British shinned before Possession, or if such Ship belongs to any British Possession Sune Shipping engages any Seaman in any British Possession other than that to which the Ship belongs, shall, if there is at the Place where such Seaman is engaged any official Shipping Master or other Officer duly appointed for the Purpose of shipping Seamen, engage such Seaman before such Shipping Master, and if there is no such Shipping Master or Officer, then before some Officer of Customs; and the same Rules, Qualifications, and Penalties as are herein-before specified with respect to the Engagement о |
