Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 73 of 101)
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CCXXXIII. No wages due or accruing to any seaman or apprentice shall Sale of and
be subject to attachment or arrestment from any Court ; and every payment *^***^^*JJ^| .
of wages to a seaman or apprentice shall be valid in law, notwithstanding y^^
any previous sale or assignment of such wages, or of any attachment, incum-
brance or arrestment thereon ; and no assignment or sale of such wages or
of salvage made prior to the accruing thereof shall bind the party making the
same ; and no power of attorney or authority for the receipt of any such
wages or salvage shall be irrevocable.

CCXXXIV. No debt exceeding in amount five shillings, incurred by any no debt exeeed-
seaman after he has engaged to serve, shall be recoverable until the service i"^*';"*!?^'*"
agreed for is concluded! r^^.'"'^ "'

CCXXX V. If any person demands or receives from any seaman or ap- Penalty for over-
prentice to the sea service payment in respect of his board or lodging in tne fn^Jhous**^ ^**^*"
bouse of such person for a longer period than such seaman or apprentice has keepers.
actually resided or boarded therein, he shall incur a penalty not exceeding
ten pounds.

CCXXXVI. If any person receives or takes into his possession or under Penalty for 4le-
his control any monies, documents or effects of any seaman or apprentice to JjS"*"« seamen's
the sea service, and does not return the same or pay the value thereof, when ®*^*
required by such seaman or apprentice^ subject to such deduction as may be



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Ixxxvi



APPENDIX.



Persons not to go
on board before
the final arrival
of ship without
permission.



justly dae to him from such seaman or apprentice in respect to board or lodg-
ing or otherwise, or absconds therewith, be shall incur a penalty not exceed-
ing ten pounds, and any two justices may, besides inflicting such penalty, by-
summary order direct the amount or value of such monies, documents or
effects, subject to such deduction as aforesaid, to be forthwith paid to such
seaman or apprentice. *

CCXXXVII. Every person who, not being in her Majesty's service, and
not being duly authorized by law for the purpose, goes on board any ship
about to arrive at the place of her destination , before her actual arrival in
dock or at the place of her discharge, without the permission of the master,
shall for every such offence incur a penalty not exceeding twenty ponods ;
and the master or person in charge of such ship may take any such person so
going on board as aforesaid into custody, and deliver him up forthwith to any
constable or peace officer to be by him taken before a justice or jostiees or
the sheriff of the county in Scotland, and to be dealt with according to the
provisions of this act.

Penalty for soil- CCXXXVIII. If within twenty-fonr hours after the arrival of any ship
[n!r*houIe**^ *^^^' *' *"y P^'** '"* ^® United Kingdom, any person then being on board such
ke^rs. ship solicits any seaman to b^ome a lodeer at the house of any person

letting lodgings for hire, or takes out of such ship any effi^ts of any
seaman, except under his personal direction and with the permission of the
roaster, he shall for every such offence incur a penalty not exceeding Bve
pounds.

^*^^'- DiscipUne,

Misconduct en- CCXXXIX. Any master of or any seaman or apprentice belonging to any
Hfe"55'iimb"I;'**" British ship who by wilful breach of duty, or by neglect of duty, or by
misdemeanor. reason of drunkenness, does any act tending to the immediate loss, destruc-
tion, or serious damage of such ship, or tending immediately to endanger the
life or limb of any person belonging to or on board of such ship, or who by
wilful breach of duty, or by neglect of duty, or by reason of drunkenness,
refuses or omits to do any lawful act pro})er and requisite to be done by him
for preserving such ship from immediate loss, destruction or serious danrnge,
or for preserving any person belonging to or on board of such ship from im-
mediate danger to life or limb, shall for every such offence be deemed guilty
of a misdemeanor.



Poorer of Admi-
ralty Courts to
remove master.



Power to Investi-
gate cases of al-
leged incompe-
tency and mis-
conduct.



CCXL. Any Court having Admiralty jurisdiction in any of her Majesty's
dominions may, upon application by the owner of any ship being within the
jurisdiction of such Court, or by the part owner or consignee, or by the acent
of the owner, or by any certificated mate, or by one-third or more of the
crew of such ship, and upon proof on oath to the satisfaction of such Court
that the removal of the master of such ship is necessary, remove him accord-
ingly ; and may also, with the consent of the owner or his agent, or the con-
signee of the ship, or if there is no owner or agent of the owner or consignee
of the ship within the jurisdiction of the Court, then without such consent,
appoint a new master in his stead ; and may also make such order, and may
require such security in respect of costs in the matter, as it thinks fit.

CCXLI. If the Board of Trade or any local marine board has reason to
believe that any master or mate is from incompetency or misconduct unfit to
discharge his duties, the Board of Trade may either institute an investigation
or may direct the local marine board at or nearest to the place at which it
may be convenient for the parties and witnesses to attend to institute the
same, and thereupon such persons as the Board of Trade may appoint for the
purpose, or, as the case may be, the local marine board, shall, with the
assistance of a local stipendiary magistrate (if any), and if there is no such
magistrate of a competent legal assistant to be appointed by the Board of



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17 & 18 Vict. c. 104. Ixxxvii

Trade, eondnct the investigation, and may summon the master or mate to
appear, and shall give him fall opportunity of making a defence either in
person or otherwise, and shall for tne purpose of such investigation have all
the powers given by the first part of this act to inspectors appointed by the
Board of Trade, and may make such order with respect to the costs of such
investigation as they may deem just ; and shall on the conclusion of the in-
vestigation make a report upon the case to the Board of Trade ; and in cases
where there is no local marine board before which the parties and witnesses
can conveniently attend, or where such local marine board is unwilling to
institate the investigation, the Board of Trade may direct the same to be
instituted before two justices or a stipendiary magistrate; and thereupon such
investigation shall be conducted, ana the results thereof reported, in the same
manner and with the same powers in and with which formal investigations
into wrecks and casualties are directed to be conducted, and the results thereof
reported, under the provisions contained in the eighth part of this act, save
only that, if the Board of Trade so directs, the person bringing^ the charge of
incompetency or misconduct to the notice of the Board of Trade shafi be
deemed to be the party having the conduct of the case.

CCXLII. The Board of Trade may suspend or cancel the certificate Board of Trade
(whether of competency or service) of any master or mate in the fbllowing J^*^J^rtifl-
cases ; (that is to say,) cat'cVSi e«^ruia

(1.) If upon any investigation made in pursuance of the last preceding catet.
section, he is reported to be incompetent, or to have been guilty of any
^rose act of misconduct, drunkenness or tyranny :
(2.) If upon any investi^tion conducted under the provisions contained in
the eighth part of this act, or upon any investi^tion made by a naval
Conrt constituted as hereinafter mentioned, it is reported that the loss
or abandonment of or serious damage to any ship or loss of life has
been caused by his wrongful act or default :
(8.) If he is superseded by the order of any Admuttlty Conrt or of any
naval Court constituted as hereinafter mentioned :
If he is shown to have been convicted of any ofience :
If upon any investigation made by any Court or tribunal authorized
or hereafter to be authorized by the leffislative authority in any
British possession to make inquiry iflto charges of incompetency or
misconduct on the part of masters or mates of ships, or as to shipwrecks
or other casualties afiecting ships, a report is made by such Court or
tribunal to the effect that he has been guilty of any gross act of mis-
conduct, drunkenness or tyranny, or that the loss or abandonment of
or serious damage to any ship or loss of life has been caused by his
wrongful act or default, and such report is confirmed hy the governor
or person administering the government of such possession :
And every master or mate whose certificate is cancelled or suspended shall
deliver it to the Board of Trade or as it directs, and in default shall for each
ofience incur a penalty not exceeding fifty pounds ; and the Board of Trade
may at any subsequent time grant to any person whose certificate has been
cancelled a new certificate of the same or of any lower grade.

CCXLIII. Whenever any seaman who has been lawfnlly engaged or any offences of sea-
apprentice to the sea service commits any of the following offences he shall Jf*e" and tEeir"'
be liable to be punished summarily as follows ; (that is to say,) punishments.

(1.) For desertion he shall be liable to imprisonment for any period not Desertion;
exceeding twelve weeks, with or without hard labour, and also to for-
feit all or any part of the clothes and effects he leaves on board, and
all or any part of the wages or emoluments wliich he has then earned,
and also, it such desertion takes place abroad, at the discretion of the
Court, to forfeit all or any part of the wages or emoluments he may
earn in any other ship in which he may be employed until his next
return to the United Kingdom, and to satisfy any excess of wages paid



(4.)
(6.)



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Ixxxviii



APPENDIX.



Kegleetlng or re-
fusing to Join, or
to proceed to tea,
absence within
twenty-four hours
before sailing,
and absence
without leave;



amtttag without
leave before ship
is secured;

Act of disobe-
dience;



Continued dis-
obedience;



Assault on
officers ;



Combining to
disobey;



Wilful damage
and embeisle-
ment;



Act of smuggling
causing loss to
owner.



Entry of offences
to be made in
official log, and
tobereadoTer or
a copy given to
the offender, and
his replv, if
any, to be also
entered.



by the master or owner of the ship from which he deserts to any sob-
stitute engaged in his place at a higher rate of wages than the rate
stipulated to be paid to nim :

(2.) For neglecting or refusing, without reasonable cause, to ioin his ship,
or to proceed to sea in his ship, or for absence without leave at any
time within twenty-four hours of the ship's sailing from any port
either at the commencement or during the progress of any voyage, or
for absence at any time without leave and without sufficient reason
from his ship or from his duty not amounting to desertion or not
treated as such by the master, he shall be liable to imprisonment for
any period not exceeding ten weeks, with or without hard labour^ and
also, at the discretion of the Court, to forfeit out of his wages a sum
not ezceedins the amount of two days' pay, and in addition for every
twenty-tour nours of absence either a sum not exceeding six dayi»*
pay, or any expenses which have been properly incurred m hiring a
substitute :

(8.) For quitting the ship without leave after her arrival at her port of
delivery and before she is placed in security, he shall be liable to for*
feit out of his wages a sum not exceeding one month's pay :

(4.) For wilful disobedience to any lawful command he shall be liable to
imprisonment for any period not exceeding four weeks, with or with-
out hard labour, and also, at the discretion of the Court, to forfeit out
of his wages a sum not exceeding two days' pay :

(5.) For continued wilful disobedience to lawful commands, or continued
wilful neglect of duty, he shall be liable to imprisonment for any
period not exceeding twelve weeks, with or without hard labour, and
also, at the discretion of the Court, to forfeit for every twenty-four
hours' continuance of such disobedience or neglect either a sum not
exceeding six days' pay, or any expenses which have been properly
incurred in hiring a substitute :*

(6.) For assaulting any master or mate he shall be liable to imprisonment
for any peri(m not exceeding twelve weeks, with or without hard
labour:

(7.) For combining with any other or others of the crew to disobey lawful
commands, or to neglect duty, or to impede the navi^tion of the ship
or the progress of the voyage, he shall be liable to imprisonment for
any period not exceeding twelve weeks, with or without hard labour:

(8.) For wilfully damaging the ship, or embezzling or wilfully damaging
any of her stores or cargo, he shall be liable to forfeit out of his wages
a sum equal in amount to the loss thereby sustained, and also, at the
discretion of the Court, to imprisonment for any period not exceeding
twelve weeks, with or without hard labour :

(9.) For any act of smuggling of which he is convicted, and whereby loss
or damage is occasioned to the master or owner, he shall be liable to
pay to such master or owner such a sum as is sufRcient to reimburse
the master or owner for such loss or damage ; and the whole or a pro-
portionate part of his wages may be retained in satisfieustion or on
account of such liability, without prejudice to any further remedy.

CCXLIV. Upon the commission of any of the offences enumerated in the
last preceding section an entry thereof shall be made in the official log book,
and shall be signed bv the master and also by the mate or one of the crew ;
and the offender, if still in the ship, shall before the next subsequent arrival
of the ship at any port, or if she is at the time in port, before her departure
therefrom, either be furnished with a copy of such entry or have the same
read over distinctly and audibly to him; and may thereupon make such reply
thereto as he thinks fit ; and a statement that a copy of the said entry mtf
been so furnished, or that the same has been so read over as aforesaid, and
the reply (if any) made by the offender, shall likewise be entered and signed
in manner aforesaid; and in any subsequent legal proceeding the entries



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17 & 18 Vict. c. 104. Ixxxix

hereinbefore required shall, if practicable, be produced or proved, and in
default of such production or proof the Court bearing the case may, at its
diftcretion, refuse to receive evidence of the offence.

CCXLV. Every seafaring person whom the master of any ship is, under Seamen whom
the authority of this act or of any other act of Parliament, compelled to take JfJ*coraiMSied'io
on board and convey, and every person who goes to sea in any ship without conTey, and per-
tbe consent of the master or owner or other person entitled to give such con- Jhbs^wuhout
sent, shall, so lone as he remains in such ship, be subject to the same laws leave, to be vub-
and regulations for pre^^erving discipline, and to the same penalties and Ject to penalties
punishments for offences constituting or tending to a breach of discipline, to JiJii^J**' °



which he would be subject if he were a member of the crew and had signed
the agreement

CCXLVI. Whenever, either at the commencement or during the progress Master or owner
of any voyage, any seaman or apprentice neglects or refuses to join or deserts SSerteraTi^ih-
from or refuses to proceed to sea in any ship in which he is duly engaged to out warrant.
serve, or is found otherwise absenting himself therefrom without leave, the
master or any mate, or the owner, ship's husband or consignee, may, in any
place in her Majesty's dominions, with or without the assistance of the local
police officers or constables, who are hereby directed to give the same, if re-
quired, and also at any place out of her Majesty's dominions, if and so far as the
laws in force at such place will permit, apprehend him without first procuring
a warrant; and may thereupon in any case, and shall in case he so requires
and it is practicable, convey him before some Court capable of taking cogni-
zance of the matter, to be dealt with according to law ; and mav, for the pur-
pose of conveying him before such Court, detain him in custody for a period
not exceeding twenty-four hours or such shorter time as may he necessarv,
or may, if he does not so require, or if there is no such Court at or near the
place, at once convey him on board ; and if any such apprehension appears
to the Court before which the case is brought to have been made on improper
or on insufficient grounds, the master, mate, owner, ship's husband or con-
signee who makes the same or causes the same to be made shall incur a
penalty not exceeding twenty pounds ; but such penalty, if inflicted, shall
be a bar to any action for false imprisonment in respect of such apprehension.

CCXLVI I. Whenever any seaman or apprentice is brought before any Deserten may be
Court on the ground of his having neglected or refused to join or to proceed iuru'of"being*lm-
to sea in any ship in which he is engaged to serve, or having deserted or prisoned.
otherwise absented himself therefrom without leave, such Court may, if the
master or the owner or his agent so requires, instead of committing the
offender to prison, cause him to be conveyed on board for the purpose of
prooeediuff on the voyage, or deliver him to the master or any mate of the
ship, or the owner or his agent, to be by them so conveyed, and may in such
case order any costs and expenses properly incurred by or on behalf of the
master or owner by reason of the offence to be paid by the offender, and, if
necessary, to be deducted from any wages which he has then earned, or
which by virtue of his then existing engagement he may afterwards earn.

CCXLVIII. If any seaman or apprentice is imprisoned on the ground of Seamen impri-
his having neglected or refused to join or to proceed to sea in any ship in JiJJIf J/SJ<i^*h of
which he is engaged to serve, or of having deserted or otherwise absented discipline may be
himself therefrom without leave, or of his having committed any other breach fo^'^'J^jJi^'
of discipline, and if during such imprisonment and before his engagement is o^Tentence?
at an end his services are required on board bis ship, any justice may, at the
request of the master or of the owner or his a^ent, cause such seaman or
apprentice to be conveyed on board his said ship for the purpose of proceeding
on the voyage, or to lie delivered to the master or any mate of the ship or to
the owner or his agent, to be by them so conveyed, notwithstanding that the



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xc



APPENDIX.



termination of the period for which he was sentenced to imprisonment has
not arrived.



Entries and cer-
tificates of deser-
tions abroad to be
copied, sent
home, and ad-
mitted in evi-
dence.



Facilities for
proving deser-
tion, so far as
concerns for-
feiture of wages.



CCXLIX. In all cases of desertion from any ship in any place abroad the
master shall produce the entry of such desertion in the official log book to the
person or persons hereby required to indorse on the agreement a certificate of
such desertion ; and such person or persons shall thereupon make and certify
a copy of such entry, and also a copy of the said certificate of desertion ; and
if such nerson is a public fuuctionary he shall, and in other cases the said
master shall forthwith transmit such copies to the registrar-general of seameo
in England ; and the said registrar shall, if requir^, cause the same to be
produced in any legal proceeding ; and such copies, if purporting to be so
made and certified as aforesaid, and certified to have come m>m the custody
of the said registrar, shall in any legal proceeding relating to such desertioa
be received as evidence of the entries therein appearing.

CCL. Whenever a question arises whether the wages of any seaimB or
apprentice are forfeited for desertion, it shall be sufficient for the party
insisting on the forfeiture to show that such seaman or apprentice was duly
engaged in or that he belonged to the ship from which he is alleged to have
desertod, and that he quitted such ship before the completion of the voyage
or engagement, or if such royaffe was to terminate in the United Kiogdom
and the ship has not returned, that he is absent from her, and that an entry
of the desertion has been duly made in the ofiicial log book ; and thereupon
the desertion shall, so far as relates to any forfeiture of wages or emoluments
under the provisions hereinbefore contained, be deemed to be proved, nnless
the seaman or apprentice can produce a proper certificate of discharge, or can
otherwise show to the satisfaction of the Court that he had sufficient reasons
for leaving his ship.

Cosu of pro- CCLI. Whenever in any proceeding relating to seamen's wages it is shown

ment m^M-^to^**"" ^^^ ^"^ seaman or apprentice has in the course of the voyage been convicted
the"extent of 3/. of any ofieucc by any competent tribunal and rightfully punished therefiw by
be deducted from imprisonment or otherwise, the Court hearing 3ie case may direct a part of
^****' the wages due to such seaman, not exceeding three pounds, to be applied in

reimbursing: any costs properly incurred by the master in procuring such con-
viction and punishment.



Amount of for-
feiture how to be
ascertained when
seamen contract
for the voyage.



Application of
forfeitures.



CCLII. Whenever any seaman contracts for wages by the voyage or by
the run or by the share, and not by the month or other stated period of time,
the amount of forfeiture to be incurred under this act shall be taken to be an
amount bearing the same proportion to the whole wages or share as a calendar
month or other the period hereinbefore mentioned in fixing the amount of
such forfeiture fas the case may be) bears to the whole time spent m the
voyage ; and it the whole time spent in the vovage does not exceed the
period for which the pay is to be forfeited, the forfeiture shall extend to the
whole wages or share.

CCLIII. All clothes, effects, wages and emoluments which under the pro-
visions hereinbefore contained are forfeited for desertion shall be applied in
the first instance in or towards the reimbursement of the expenses occasion^
by such desertion to the master or owner of the shin from which the desertion
has taken place ; and may, if earned subsequently to the desertion, be re-
covered by such master, or by the owner or his agent, in the same manner
as the deserter might have recovered the same if they had not been forfeited ;
and in any legal proceeding relating to such wages the Court may order the
same to be paid accordingly ; and subject to such reimbursement the same
shall be paid into the receipt of her Majesty's Exchequer in such manner as
the Treasury may direct, and shall be carried to and ronn part of the conso-
lidated fund of the United Kingdom j and in all other cases of forfeiture of



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last ship or



17 & 18 Vict. c. 104. xci

wages tinder the provisions hereinbefore contained the forfeiture shall, in the
absence of any specific directions to the contrary, be for the benefit of the
master or owner by whom the wages are payable.

CCLIV. Any question concerning the forfeiture of or deductions from the Questions of for-
wages of any seaman or apprentice may be determined in anjr proceeding JjJjJ^ S*suiu
lawfully instituted with respect to such wages, notwithstanding that the fo? wages.
offence in respect of which such question arises, though hereby made punish-
abk by imprisonment as well as forfeiture, has not been made the subject of
any criminal proceeding.

CCLV. If any seaman on or before being engaged wilfully and frandu- penalty for false
lently makes a false statement of the name of his last ship or last alleged ship, ■tatement as to
or wilfully and fraudulently makes a false statement of his own name, he
shall incur a penalty not exceeding five pounds ; and such penalty may be
deducted from any waees he may earn by virtue of such engagement as
aforeMud, and slmll, sumect to reimbursement of the loss and expenses (if any)
occasioned by any previous desertion, be paid and applied in the same manner
as other penalties payable under this act

CCLVI. Whenever any seaman commits an act of misconduct for which Fines to be de-



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 73 of 101)