Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 68 of 101)
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deputies, clerks and serrants, and regulate the mode of conducting business
at such offices, and shall, subject as herein mentioned, have complete control
oyer the same ; and every act done by or before any deputy duty appointed
shall have the same efifect as if done by or before a shipping master.

CXXIII. The sanction of the Board of Trade shall be necessary so iar as
regards the number of persons so appointed by any such local marine board,
and the amount of their salaries and wages and all other expenses ; and the
Board of Trade shall have the immediate control of such shipping offices, so
far as regards the receipt and payment of money thereat ; and all shipping
masters, deputies, clerks and servants so appointed as aforesaid shall, before
entering upon their duties, give such security (if any) for the due perform-
ance thereof as the Board of Trade requires ; and if in any case the Board of
Trade has reason to believe that any shipping master, deputy, clerk or servant



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17 & 18 Vict. c. 104. Ivii

appointed by any local marine board does not properly dischargre his duties,
the Board of Trade may canse the case to be investigated, and may, if it
thinks fit so to do, remove him from his office, ana may provide for the
proper performance of his duties until another person is properly appointed in



CXXIV. It shall be the general business of shipping masters appointed as Business of such
aforesaid — office* g«nenaiy.

To afford facilities for engaging seamen by keeping registries of their

names and characters ;
To superintend and facilitate their engagement and discharge in manner

hereinafter mentioned ;
To provide means for securing the presence on board at the proper times of

men who are so engaged ;
To facilitate the making of apprenticeships to the sea service ;
To perform such other duties relating to merchant seamen and merchant

snips as are hereby or may hereafter under the powers herein contained

be committed to them.

CXXV. Such fees, not exceeding the sums specified in the table marked Fees to be paid
P. in the schedule hereto, as are from time to time fixed by the Board of Ji^Vand^s-
Trade, shall be payable upon all engagements and discharges effected before charges,
shipping masters as hereinafter mentioned, and the Board of Trade shall cause
scales of the fees payable for the time being to be prepared and to be con-
spicuously placed in the shipping offices; and all shipping masters, their
deputies, clerks and servants, may refuse to proceed with any engagement or
discharge unless the fees payable thereon are first paid.

CXXVI. Every owner or master of a ship engaging or discharging any Masters to pay
seamen or seaman in a shipping office or before a shipping master shall pay fce«, andtode-
to the shipping master the whole of the fees hereby made payable in respect wages!"^ "^™
of such engagement or discharge, and may, for the purpose of in part reim-
bursing himself, deduct in respect of each such engagement or discharge from
the wages of all persons (except apprentices]) so engaged or discharged, and
retain, any sums not exceeding the sums specified in that behalf in tne table
marked Q* in the schedule hereto : Provided that, if in any cases the sums Proviso as to
which the owner is so entitled to deduct exceed the amount of the fee payable «*ccss.
by him, such excess shall be paid by him to the shipping master in addition
to such fee.

CXXYII. Any shipping master, deputy shipping master or any clerk or Penalty on ship-
servant in any shipping office, who demands or receives any remuneration J|jJ,?JJie"r©-
whatever, either directly or indirectly, for hiring or supplying any seaman muneiation.
for any merchant ship, excepting the lawful fees payable under this act, shall
for every such offence incur a penalty not exceeding twenty pounds, and shall
also be liable to be dismissed from his office by the Board of Trade.

CXXVIII. The Board of Trade may, with the consent of the Commis- Business of ship-
sioners of Customs, direct that at any place in which no separate shipping ^M^iSwacteJar
office is established the whole or any part of the business of the shipping office custom Houses,
shall be conducted at the custom house, and thereupon the same shall be there
conducted accordingly ; and in respect of such business such custom house
shall for all purposes be deemed to be a shipping office, and the officer of
customs there to whom such business is committed shall for all purposes be
deemed to be a shipping master within the meaning of this act

CXXIX. The Board of Trade may appoint any superintendent of or other in London Saflora

person connected with any Sailors Home in the port of London to be a ship- Homes may be
'• •! ^ i-iii -1 shiDDine oflSces.

ping master, with any necessary deputies, clerks and servants, and may ap- *^*^

point any office in any such home to be a shipping office \ and all shipping



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Iviii



APPENDIX.



Dlapentation
with shipping
master's superin-
tendenM.



Cert^ttiit of

Masters and

Mates.

Examinations to
be instituted for
masters and
mates.



Powers of doard
ofTradeoTerex-
aminationst



masters and shipping offices so appointed shall be subject to the immediate
control of the Board of Trade and not of the local marine board of the port.

GXXX. The Board of Trade may from time to time dispense with the
transaction before a shipping master or in a shipping office of any matters
required by this act to be so transacted ; and thereupon such matters shall, if
otherwise duly transacted as required by law, be as valid as if transacted
before a shipping master or in a shipping office.

Examifiations and Certificates of Masters and Mates.
CXXXI. Examinations shall be instituted for persons who intend to be-
come masters or mates of foreign-going ships, or of home trade passenger
ship, or who wish to procure certificates of competency hereinafter mentioned;
ana, subject as herein mentioned, the local marine boards shall proride for
the examinations at their respective ports, and may appoint and from time to
time remove and re-appoint examiners to conduct the same, and may regulate
the same ; and any members of the local marine board of the place where the
examination is held may be present and assist at any such examination.

CXXXlI. The Board of Trade may from time to time lay down rules as
to the conduct of such examinations and as to the qualifications of the appli-
cants, and such rules shall be strictly adhered to by all examiners ; and no
examiner shall be appointed unless he possesses a certificate of qualification,
to be from time to time granted or renewed by the Board of Trade ; and die
sanction of the Board of Trade shall be necessary, so far as regards the
number of examiners to be appointed, and the amount of their remuneration;
and the Board of Trade may at any time depute any of its officers to be pre-
sent and assist at any exammation ; and if it appears to the Board of Trade
that the examinations for any two or more ports can be conducted without
inconvenience by the same examiners, it may require and authorize the local
marine boards of such ports to act together as one board in providing for and
regulating examinations and appointing and removing examiners for such
ports.

CXXXIII. All applicants for examination shall pay snch fees, not exceed-
ing the sums specified in the table marked R. in tne schedule hereto, as the
Board of Trade directs; and such fees shall be paid to such persons as the said
Board appoints for that purpose.

CXXXIV. Subject to the proviso hereinafter contained, the Board of
^ted'SIThos^' '^'™^® ^^^^ deliver to every applicant who is duly reported by the local
who pass. examiners to have passed the examination satisfactorily, and to have g^ven

satisfactory evidence of his sobriety, experience, abihty and general good
conduct on board ship, a certificate (hereinafter called a " certificate of com-
petency") to the effect that he is competent to act as master, or as first,
second or only mate of a foreign-going ship, or as master or mate of a home
trade passenger ship, as the case may be : Provided that in every case in
which the Board of Trade has reason to believe such report to have been nn-
duly made, such board may remit the case either to the same or to any other
examiners, and may require a re-examination of the applicant, or a further
inquiry into his testimonials and character, before granting him a certificate.

CXXXV. Certificates of service, differing in form from certificates of com-
petency, shall be granted as follows ; (that is to say,)
(1.) Every person who before the first day of January, one thousand eight
hundrea and fifty-one, served as master in the British merchant ser-
vice, or who has attained or attains the rank of lieutenant, master,
Sassed mate or second master, or any higher rank in the service of her
lajesty or of the East India Company, shall be entitled to a certifi-
cate of service as master for foreign-going ships :



Fees to be paid hy
applicants for
examination.



Certificates of



Certificates of
senrice to be de-
livered to persons
who served as
masters or mates
before 1851, and
to certain naval
officers ; and cer-
tificates of service
for home trade
passenger slilps



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17 k 18 Vict. c. 104. Ux

(2.) Erery person who before the first day of January^ one thousand ei^ht to bedeiiTeied to
hundred and fifty-one, served as mate in the Bntish merchant service JJJJJS*a7^itera
shall be entitled to a certificate of service as mate for foreign-going or mates in such
ships: ^ ships beforeJrt

(8.) Every person who before the first day of January, one thousand eight •°^**'y»
hundred and fiftv-four, has served as master of a home trade passenger
ship shall be entitled to a certificate of service as master for home trade
passenger ships :
(4.) Every person who before the first day of January, one thousand eight
hundred and fifty-four, has served as mate of a home trade passenger
ship shall be entitled to a certificate of service as mate for home trade
passenger ships :
And each of such certificates of service shall contain particulars of the name,
place and time of birth, and of the length and nature of the previous service
of the person to whom the same is delivered ; and the Board of Trade shall
deliver such certificates of service to the various persons so respectively en-
titled thereto, upon their proving themselves to have attained such rank or to
have served as aforesaid, and upon their giving a full and satisfactory account
of the particulars aforesaid.

CXXXVI. Ko foreign-goin^ ship or home trade passenger ship shall go No foreign-gofaig
to sea from any port in the United Kingdom unless the master thereof, and ■Wporhome
in the case of a foreign-^oing ship the first and second mates or only mate ship^o'pr!^led to
(as the case may be), and in the case of a home trade passenger ship tne first »ea without cer-
or only mate (as the case may be), have obtained and possess valid certificates ^^'^V***
either of competency or service appropriate to theu- several stations in such mates,
ship, or of a higher grade; and no such ship, if of one hundred tons burden
or upwards, shall go to sea as aforesaid, unless at least one officer besides the
master has obtained and possesses a valid certificate appropriate to the grade
of only mate therein or to a higher grade ; and every person who, having
been engaged to serve as master or as first or second or only mate of any
fbreign-eomg ship, or as master or first or only mate of a home trade pas-
senger ship, goes to sea as aforesaid as such master or mate without being at
the time entiued to and possessed of such a certificate as hereinbefore required,
or who employs any person as master, or first, second or only mate of any
foreign-going ship, or as master or first or only mate of a home trade pas-
senger ship, without ascertaining that he is at the time entitled to and pos-
ses^ of such certificate, shall for each such offence incur a penalty not
exceeding fifty pounds.

CXXXVI r. Every certificate of competency for a foreign-going ship shall Certificates for
he deemed to be of a higher grade than the corresponding certificate for a 'u?**"'*5}J5ig
home trade passenger ship, and shall entitle the lawful holder thereof to g[o for?ome trade
to sea in the corresponding grade in such last-mentioned ship; but no certin- passenger ships,
cate for a home trade passenger ship shall entitle the holder to go to sea as
master or mate of a foreign-going snip.

CXXXVIII. All certificates, whether of competency or service, shall be The registrar to
made in duplicate, and one part shall be delivered to the person entitled to JJ^^SSUf ' ^c.
the certificate, and the other shall be kept and recorded by the re^trar- of certificates!
general of seamen or by such other person as the Board of Trade appomts for
uiat purpose ; and the Board of Trade shall give to such registrar or such
other person immediate notice of all orders made by it for cancelling, sus-
pending, altering or otherwise afiecting any certificate in pursuance of the
powers herein contained ; and the registrar or such other person as aforesaid
shall thereupon make a corresponding entry in the record of certificates ; and ^^^'^^J^Jj
a copy purporting to be certified by such registrar or his assistant or by such 5enc^ ^ *
person as aforesaid of any certificate shaU be primd facie evidence of such
certificate, and a copy purporting to be so certmed as aforesaid of any entry



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APPENDIX.



In case of loss a
copy to be
granted.



made as aforesaid in respect of any certificate shall be primd &de evidence of
the truth of the matters stated in such entry.

CXXXIX. Whenever any master or mate proves to the satisfaction of the
Board of Trade that he has, without fault on his part, lost or been deprived
of any certificate already granted to hira, the Board of Trade shall, upon
payment of such fee (if any) as it directs, cause a copy of the certificate to
which by the record so kept as aforesaid he appears to be entitled, to be
made out and certified as aforesaid, and to be delivered to him; and any copy
which purports to be so made and certified as aforesaid shall have all md
effect of the orJjnnal.



Penalties for false
representations ;

for forging or
altering or fraudu>
lentlv using or
lending any cer-
tificate.



Apprenticethipt to
Sea Service.

Shipping masters
to assist in bind-
ing apprentices,
and may receive
fees.



CXL. Every person who makes, or procures to be made, or assists in
making, any false representation for the purpose of obtaining for himself or
for any other person a certificate either of competency or service, or who
forges, assists in forging, or procures to be forged, or fraudulently alters,
assists in fraudulently fdtering, or procures to be fraudulently altered, any
such certificate or any official copy of any such certificate, or who fraudu-
lently makes use of any such certificate or any copy of any such certificate
which is forged, altered, cancelled, suspended or to which he is not justly
entitled, or who firaudulently lends his certificate to or allows the same to he
used by any other person, shall for each ofience be deemed guilty of a mis-
demeanor.

Apprenticeships to the Sea Service,
CXLI. All shipping masters appointed under this act shall, if applied to
for the purpose, give to any board of guardians, overseers or other persons
desirous of apprenticing boys to the sea service, and to masters and owners of
ships requiring apprentices, such assistance as is in their power for facilitating
the making of such apprenticeships, and may receive from persons availing
themselves of such assistance such fees as may be determined in that behau
by the Board of Trade, with the concurrence, so far as relates to pauper
apprentices in England, of the Poor Law Board in England, and so far as
relates to pauper apprentices in Ireland, of the Poor Law Commissioners in
Ireland.



Indentures of
boys bound ap«
prentices to sea
service by guar-
dians or overseers
to be witnessed
by two Justices.



CXLII. In the case of every boy bound apprentice to the sea service by
any guardians or overseers of the poor, or other persons having the authcurity
of guardians of the poor, the indentures shall be executed by the boy and tlie
person to whom he is bound in the presence of and shall be attested by two
lustices of die peace, who shall ascertain that the bo)r has consented to be
bound, and has attained the age of twelve years, and is of sufficient health
and strength, and that the master to whom the boy is to be bound is a proper
person for the purpose.

Indentures of ap- CXLIII. All indentures of apprenticeship to the sea service shall be
exera^*'? from*** ^* exempt from stamb duty ; and all such indentures shall be in duplicate ; and
sfamp'du'^Tand every person to whom any boy whatever is bound as an apprentice to the
to be recorded. sea service in the United Kingdom shall within seven days after the execu-
tion of the indentures take or transmit the same to the registrar-general of
seamen or to some shipping master ; and the said registrar or shipping master
shall retain and record one copy, and shall indorse on the other that the same
has been recorded, and shall re-deliver the same to the master of the appren-
tice ; and whenever any such indenture is assigned or cancelled, and when-
ever any such apprentice dies or deserts, the master of the apprentice shall,
within seven days after such assignment, cancellation, death or desertion, if
the same happens within the United Kingdom, or if the same happens else-
where, so soon afterwards as circumstances permit, notify the same either to
the said registrar of seamen, or to some shipping master, to be recorded ; and
every person who fails to comply with the provisions of this section shall
incur a penalty not exceeding ten pounds.



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17 & 18 Vict. c. 104. Ixi

CXLIV. Subject to the provisions hereinbefore contained, all apprentice- Rulei to govern
ships to the sea service made by any guardians or overseei-s of the poor or p5upcrs*S*Grea*/
persons having the authority of guardians of the poor, shall, if made in Great Briuin and ire-
Britain, be made in the same manner and be subject to the same laws and J»°d respectively.
regulations as other apprenticeships made by the same persons, and if made
in Ireland shall be 8ul\ject to the following rules ; (that is to say,)

(1.) In every union the guardians of the poor, or other persons duly ap-
pointed to carry into execution the acts for the relief of the destitute
poor and having the authority of guardians of the poor, may put out
and bind as an apprentice to the sea service any boy who or whose
parent or parents is or are receiving relief in such union, and who has
attained the age of twelve years, and is of sufficient health and strength^
and who consents to be so bound :
(*2.) If the cost of relieving any such boy is chargeable to an electoral
division of a union, then (except in cases in which paid officers act in
place of guardians) he shall not be bound as aforesaid unless the
consent in writing of the guardians of such electoral division or of a
majority of the ^ardians (if more than one) be first obtained, such
consent to be, when possible^ indorsed upon the indentures :
(3.) The expense incurred in the binding and outfit of any such apprentice
shall be charged to the union or electoral division (as the ease may
be) to which the boy or his parent or parents is or are chargeable at
the time of his being apprenticed :
(4.) All indentures made in any union may be sued upon by the guardians
of the union or persons having the authority of guardians therein foi*
the time being, by their nanfls of office, and actions brought by them
upon such 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 carrying any ApbrenticeB and
apprentice to sea from any place in the United Kingdom, cause such ap- tobebrou"ht^S-
prentice to appear before the shipping master before whom the crew is engaged, fore shipping
and shall produce to him the indenture by which such apprentice is bound, master before
and the assignment or assignments thereof (if any); and the name of such foreign°gXg^*
apprentice, with the date of the indenture and of the assignment or assign- sbip.
ments 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 me provisions of this section the master shall for each offence
incur a penalty not exceeding &ve pounds.

Engagement of

Engagement of Seamen, Seamen.

CXLVI. The Broad of Trade may grant to such persons as it thinks fit Board of Trade
licences to engage or supply seamen or apprentices for merchant ships in the ™*y J***"'® P^'-
United Kingdom, to continue for such periods, to be upon such terms, and JeJmen.^^***^""*
to be revocable upon such conditions, as such board thinks proper.

CXLVII. The following ofifences shall be punishable as hereinafter men- Penaitiei :
tioned ; (that is to say,)

(1.) If any person not licensed as aforesaid, other than the owner or master for mppiying sea.
or a mate of the ship, or some person who is hand fide the servant and ™«° without li-
in the constant employ of the owner, or a shipping master duly ap- **°^'
pointed 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 exceeding twenty pounds :



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Ixii



APPENDIX.



for employing (2.) If any person employs any unlicensed person, other than persons so

t^icenaed per- excepted as aforesaid, for the purpose of engaging or supplying any

' seaman or apprentice to be entered on boara any ship in the United

Kingdom, he shall for each seaman or apprentice so engaged or sop-
plied incar a penal^ not exceeding twenty pounds, and if licensed
shall in addition forfeit his licence :
fbr leceiring sea- (3.) If any person knowingly receives or accepts to be entered on board
Juppiied?'^^' any ship any seaman or apprentice who has been engaged or sopplied

contrary to the provisions of this act, he shall for every seaman or
apprentice so engaged or supplied incur a penalty not exceeding
twenty pounds.

Pe°»ity for »»- CXLVIII. If any person demands or receives, either directly or bdirectl j,

ration^from »S^ from any seaman or apprentice, or from any person seeking employment as a
men for thipping seaman or apprentice, or from any person on his behalf, any rbmuneration
them. whatever, other than the fees hereby authorized, for providing him with

employment, he shall for every such offence incur a penalty not exceeding

Ave pounds.

Agreement* to be CXLIX. The master of every ship, except ships of less than eighty tons

menrcontatatag registered tonnage exclusively employed in trading between different ports on

certain particu- the coasts of the United Kingdom, shall enter into an agreement witn every

^"*' seaman whom he carries to sea from any port in the United Kin^om as one

of his crew in the manner hereioafter mentioned ; and every such agreement

shall be in a form sanctioned by the Board of Trade, and shall be dated at

the time cff the first signature thereof, ana 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 t^e crew, specifying how many are

engaged as sailors :
^3.) The time at which each seaman is to be on board or to begin woHl :
U.\ The capacity in which each seaman is to serve :
(6.) The amount of wages which each seaman is to receive :

S6. ) A scale of the provisions which are to be furnished to each seaman :



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 68 of 101)