Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 74 of 101)
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his agreement imposes a fine, and which it is intended to punish by enforcing t"®^]^"paid
such &ne, an entry thereof shall be made in the official log book, and a copy to fhipping
of such entry shall be furnished or the same shall be read over to the offender, master.
and an entry of such reading over, and of the reply (if any) made by the
ofiender, shall be made, in the manner and subject to the conditions herein-
before specified with respect to tlie offences against discipline specified in and
punishable under this act ; and such fine shall be deducted and paid over as
follows ; (that is to say,) if the offender is discharged in the United Kingdom,
and the ofiSsnoe and such entries in respect thereof as aforesaid are proved, in
the case of a foreign-goin^ ship to the satisfaction of the shipping master
before whom the offender is discharged, and in the case of a home tntde ship
to the satisfaction of the shipping master at or nearest to the place at whicn
the crew is discharged, the master or owner shall deduct such fine from the
wages of the ofiender, and pav the same over to such shipping master ; and
if l^fbre the final discharge of the crew in the United Kingdom any such
ofilender as aforesaid enters into any of her Majesty's ships, or is dL<K;barged
abroad, and the offence and such entries as aforesaid are proved to the satis-
faction of the officer in command of the ship into which he so enters, or of
the consular officer, officer of customs, or other person by whose sanction he
is so discharged, the fine shall thereupon be deducted as aforesaid, and an
entry of such deduction shall then be made in the official log book (if any)
and signed by such officer or other person ; and on the return of the ship to
the United lungdom the master or owner shall pay over such fine, in the
case of foreign-going ships^ to the shipping master before whom the crew is
discharged, and in the case of home tra^de ships to the shipping master at or
nearest to the place at which the crew is discharged ; and if any master or
owner neglects or refuses to pay over any such fine in manner aforesaid, he
shall for each such offence incur a penalty not exceeding six times the amount
of the fine retained by him : provided that no act of misconduct for which any
such fine as aforesaid has been inflicted and paid shall be otherwise punished
onder the provisions of this act.

CCLV 1 1. Every person who by any means whatever persuades or attnnpts Penalty for en-
to persuade any seaman or apprentice to neglect or refuse to join or to pro- **cing to desert,
ceed to sea io or to desert from his ship, or otherwise to absent himself from SesCTUw?"'*"'
his duty, shall for each such offence in respect of each such seaman or
apprentice incur a penalty not exceeding ten pounds ; and every person who
wilfully harbours or secretes any seaman or apprentice who has deserted
firom his ship, or who has wilfully neglected or refused to join or has deserted



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xcu



APPENDIX.



Penalty for ob-
tafnlog passage
surreptitiously.



from his ship, knowing or having reason to believe such seaman or apprentice
to have so done, shall for every such seaman or apprentice so harboored or
secreted incur a penalty not exceeding twenty pounds.

CCLVIII. Any person who secretes himself and goes to sea in any ship
without the consent of either the owner, consignee or master, or of a mate, or
of any person in charge of such ship, or of any other person entided to give
such consent, shall incur a penalty not exceeding twenty pounds, or be liable
to imprisonment with or without hard labour for any period not exceeding
four weeks.



On change of
masters, docu-
ments hereby re-
quired to be
handed over to
successor.



CCLIX. If during the progress of a voyage the master is superseded or
for any other reason quits the ship and is succeeded in the command by
some other person, he shall deliver to his successor the various documents
relating to the navigation of the ship and to the crew thereof which are
in his custody, and shall in default incur a penalty not exceeding one
hundred pounds; and such successor shall immediately on assuming the
command of the ship enter in the official log a list of die documents so
delivered to him.



Naval Courts.

Naval Courts may
be summoned for
hearing com-
plaints, and in-
vestigating
wrecks on the
liigh seas or
abroad.



Constitution of
such Courts.



General functions
and mode of
action of such
Courts.



Naval Courts on the High Seas and abroad.
CCLX. Any officer in command of any ship of her Majesty on any foreign
station, or, in the absence of such officer, any consular officer, may summon
a Court, to be termed a " Naval Court,'* in the following cases ; (that is to
say,)

(1.) Whenever a complaint which appears to such officer to require imme-
diate investigation is made to him by the master of any British ship,
or by any certificated mate, or by one or more of the seamen belonging
to any such ship :
(2.) Whenever the interest of the owner of any British ship or of the cargo

of any such ship appears to such officer to require it :
(8.) Whenever any British ship is wrecked or abandoned or otherwise
lost at or near the place wliere such officer mav be, or whenever the
crew or part of the crew of any British ship which has been wrecked,
abandoned or lost abroad, arrives at such place.

CCLXI. Every such Naval Court as aforesaid shall consist of not more
than five and not less than three members, of whom, if possible, one shall be
an officer in the naval service of her majesty not below the rank of lieutenant,
one a consular officer, and one a master of a British merchant ship, and the
rest shall be either officers in the naval service of her Majesty, masters of
British merchant ships or British merchants ; and such Court may include
the naval or consular officer summoning the same, but shall not include the
master or consignee of the ship to which the parties complaining or com-
plained against may belong ; and the naval or consular officer in such Court,
if there is only one such officer in the Court, or, if there is more than one,
the naval or consular officer who, according to any regulations for settling
their respective ranks for the time being in force, is of me highest rank, sball
be the president of such Court.

CCLX II. Every such Naval Court shall hear and investigate the complaint
brought before it, or the cause of the wreck or abandonment, (aa the case
may be,) and may for that purpose summon and compel the attendance of
parties and witnesses, and administer oaths, and order the production of
documents, and shall conduct the investigation in such manner as to give
any person against whom any charge is made an opportunity of making t
defence.



Powers of such
Courts:



CCLXIII. Every such Naval Court may, after hearing the case, excrciie
the following powers; (that is to say,)



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peD
(4.) It



17 & 18 Vict. c. 104. xciii

(1.) It may, if unanimous that the safety of the ship or crew, or the To supersede the
interest of the owner, absolutely requires it, supensede the master, n»"ter.
and may appoint another person to act in his stead; but no such
appointment shall be made without the consent of the consignee of
the ship, if then at the place :
(2.) It may discharge any seaman from his ship : To discharge %

(3.) It may order the wages of any seaman so discharged or any part of seaman ;

such wa^es to be forfeited, and may direct the same either to be To forfeit wages:
retained by way of compensation to the owner, or to be paid into the
receipt of her Majesty's Exchequer in the same manner as other
enaities and forfeitures under tbb act :
may decide any questions as to wages, or fines, or forfeitures, To decide dis-
arising between any of the parties to the proceedings : putes as to wages,

(5.) It may direct that all or any of the costs incurred by the master or xo direct costs of
owner of any ship in procuring the imprisonment of any seaman or imprisonment to
apprentice in a foreign port, or in his maintenance whilst so im- ^*]^*^***®'
prisoned, shall be paid out of and deducted from the wages of such
seaman or apprentice, whether then or subsequently earned :
(6.) It may exercise the same powers with regard to persons charged To send home
before it with the commission of offences at sea or aboard as are by ^^^®" '"^^
this act given to British consular officers:
(7.) It may order the costs of the proceeding before it (if any), or any To order paTment
portion thereof, to be paid by any of the parties thereto, and may of costs, fcc
order any person making a frivolous or vexatious complaint to pay
compensation for any loss or delay caused thereby ; and any cost or
compensation so ordered shall be paid by such person accordingly, and
may be recovered in the same manner in which the wages ofseamen
are recoverable, or may, if the case admits, be deducted from his
wages:
And all orders duly made by any such Court under the powers hereby given
to it shall in any subsequent legal proceedings be deemed conclusive as to the
rights of the parties.

CCLXI V, All orders made by any such Naval Court shall, whenever prac- Orders to be en-

ticable, be entered in the official log book of the ship to which the parties to }J"<* ^ official

the proceedings before it belong, and shall be signed by the president of the ^^'
Court.

CCLX V. Every such Naval Court shall make a report to the Board of Report to be
Trade, containing the following particulars ; (that is to say,) Z^%{^^l^T^'

(1.) A statement of the proceedings, with the order made by the Court, courts.

and a report of the evidence :
(2.) An account of the wages of any seaman or apprentice who is discharged

from his ship by such Court :
(3.) If summoned in order to inquire into a case of wreck or abandonment,
a statement of the opinion of the Court as to the cause of such wreck
or abandonment, with such remarks on the conduct of the master and
crew as the circumstances require :
And every such report shall be signed by the president of the Court; and
every document purporting to be such a report and to be so signed as afore-
said shall, if produced out of the custody of some officer of the Board of
Trade, be deemed to be such report, unless the contrary is proved, and shall
be received in evidence, subject to all just exceptions.

CCLXVI. Any person who wilfully and without due cause prevents or Penalty for pre-
obstructs the making of any such complaint as last aforesaid, or the con- JJSJlfSrobstruct-
duct of any case or investigation by any Naval Court, shall for each such ^g investigation.
offence incur a penalty not exceeding fifty pounds, or be liable to im-
prisonment with or without hard labour for any period not exceeding twelve
weeks.



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XCIV

Crimes commUM
abroad.

Oflfencet com-
mitted by British
teamen at foreign
ports to be within
Admiralty Juris-
diction.



Conveyance of
otrenders and
IK itnesses to
United Kingdom
or some British
possession.



Inqniry into
cause of death
on board.



APPENDIX.

Crimes committed on the High Seas and abroad.
CCLXVII. All offsnces against property or person committed in or at anjr
place either ashore or afloat out of her Majes^'s dominions by anj naaster,
seaman or apprentice who at the time when the ofience is committed is or
within three months previously has been employed in any British ship shall
be deemed to be offences of the same nature respectively, and be liable to the
same punishments respectively, and be inquired of, heard, tried, determined
and adjudged in the same manner and by the same Courts and in the same
places as if such offences had been committed within the jurisdiction of the
Admiralty of England ; and the costs and expenses of the prosecution of any
such offence may be directed to be paid as in the case of costs and expenses of
prosecutions for ofiences committed within the jurisdiction of the Admiralty
of England.

CCLXVIII. The following rules shall be observed with respect to o fi en ces
committed on the high seas or abroad ; (that is to say,)

(1.) Whenever any complaint is made to any Bntish consular officer of
any of the offences mentioned in the last preceding section, or of any
offence on the hieh seas having been committed by any master, seaman
or apprentice belonging to any British ship, such consular officer may
inquire into the case«pon oath, and may if the case so requires take
any steps in his power, for the purpose of placing the ofl^der under
necessary restraint and of sending him as soon as practicable in safe
custody to the United Kingdom, or to any British possession in which
there is a Court capable of taking cognizance of the oflence, in any
ship belonging to her Majesty or to any of her subjects, to be there
proceeded against according to law :
(2.) ror the purpose aforesaid such consular officer may order the master
of any ship belonging to any subject of her Majesty bound to the
United Kingdom or to such British possession as aforesaid to receive
and afford a passage and subsistence during the voyage to any sneh
offender as aforesaid, and to the witnesses, so that such master be not
required to receive more than one offender for every one hundred tons
of hb ship's registered tonnage, or more than one witness for every
fifty tons of such tonnage ; and such consular officer shall indorse upon
the agreement of the ship such particulars with respect to any o^nders
or witnesses sent in her as the Board of Trade requires :
(3.) Every such master shall on his ship's arrival in toe United Kingdom,
or in such British possession as aforesaid, give every offi;nder so com-
mitted to his charge into the custody of some police officer or constable,
who shall take the offender before a justice of the peace or other ma-
gistrate by law empowered to deal with the matter, and sneh justice
or magistrate shall deal with the matter as in cases of ofiences com-
mitted upon the hij^h seas :
And any such master as aforesaid who, when required by any British consular
officer to receive and afford a passage and subsistence to any offender or
witness, does not receive him and afford such passage and subsistence to him,
or who does not deliver any offender committed to his charge into the custody
of some police officer or constable as hereinbefore directed, shall for each sncn
offence incur a penalty not exceeding fifly pounds \ and the expense of im-
prisoning any such offender and of conveying him and the witnesses to the
United Kingdom or to such British possession as aforesaid in any manner
other than in the ship to which they respectively belong, shall be part of the
costs of the prosecution, or be paid as costs incurred on account of seaftjing
subjects of her Majesty left in distress in foreign parts.

CCLXIX. Whenever any case of death happens on board any foreign-
going ship, the shipping master shall on the arrival of such ship at the port
where the crew is discharged inquire into the cause of such death, and snail
make on the list of the crew delivered to him as herein required an indorse-



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17&18 Vict. c. 104.



xcv



mpnt to the effect either that the statement of the cause of death therein con-
fined 18 in his opinion true or otherwise, as the result of the inquiry re-
quires; and every such shipping master shall for the purpose of such inquiry
have the powers herehy given to inspectors appointea by the Board of. Trade
under the first part of this act ; and if in the course of such inquiry it ap-
pfATs to him that any such death as aforesaid has been caused by violence or
other improper means, he shall either report the matter to the Board of Trade,
or if the emergency of the case so requires, shall take immediate steps for
bringing tbe offender or offenders to justice.

CCLXX. Whenever in the course of any legal proceedings instituted in
any part of her Majesty's dominions before any judge or magistrate, or be-
fore any person authorized by law or by consent of parties to receive evi-
dence, the testimony of any witness is required in relation to the subject
matter of such proceeding, then upon due proof, if such proceeding is insti-
tuted in tbe United Kingdom, that such witness cannot be found in that
kingdom, or if in any British possession, that he cannot be found in the same
pocaession, any deposition that such witness may have previously made on
oath in relation to the same subject matter before any justice or magistrate
in her Majesty's dominions, or any British consular officer elsewhere, shall
be admissible in evidence subject to the following restrictions ; (that is to

(1.) If such deposition was made in the United Kingdom, it shall not be
admissible m any proceeding instituted in the United Kingdom :

(2.) If such a deposition was made in any British possession, it shall not be
admissible in any proceeding instituted in the same British possession :

(3.) If the proceeding is criminal it shall not be admissible unless in was
made in the presence of tbe person accused :
Every deposition so made as aforesaid shall be authenticated by the signature
of tbe jnd^, magistrate or consular officer, before whom the same is made ;
and such judge, magistrate or consular officer shall, when the same is taken
in a criminal matter, certify, if the fieu^t is so, and tliat the accused was present
at the taking thereof, but it shall not be necessary in any case to prove the
signature or official character of the person appearing to have signed any
such deposition ; and in any criminal proceeding such certificate as aforesaid
shall, unless the contrary is proved, be sufficient evidence of the accused
having been present in manner thereby certified ; but nothing herein con-
tained shall affect any case in which depositions taken in any proceeding are
rendered admissible in evidence by any act of parliament, or by any act or
ordinance of the legislature of any colony, so far as reganU such colony, or
to interfere with the power of any colonial le^slature to make such deposi-
tion! admissible in evidence, or to interfere with the practice of any Court
in which depositions not authenticated as hereinbefore mentioned are ad-
missible.

Registration of and Betunu respecting Seamen,
CCLXXI. There shall be in the port of London an office, to be called the
" General Register and Record Office of Seamen," and the Board of Trade
shall have control over the same, and may appoint and from time to time
remove a registrar general, and such assistants, clerks and servants as may
be necessary, and may from time to time, with the consent of the Treasury,
ri'gulate their salaries and allowances; and such salaries and allowances,
and all other necessary expenses, shall be paid by the Treasury out of any
monies to be granted by parliament for that purpose ; and the Board of Trade
may direct the business of the register office at any of the outports to be
transacted at the shipping office, or, with the consent of the Commissioners
of Customs, at the custom house of the port, and may appoint the shipping
master, or, with such consent as aforesaid, some officer of customs, to con-
duct the same ; and such business shall thereupon be conducted accordingly^



Depositions to be
received in erl-
dence when wit-
ness cannot be
produced.



Regittration

and Returns

respecting

Seamen,

Establishment of
register office.



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XCVl



APPENDIX.



but shall in all cases be subject to the immediate control of the Board o(
Trade.

Register of sea- CCLXXII. The said registrar general of seamen shall by means of the
men to be kept, agreements, lists and other papers to be transmitted to him as herein directed,

or by such other means as are in his power, keep a register of all persons who

serve in ships subject to the provisions of this act.

Lists to be made CCLXXIII. Every master of every foreign-going ship of which the crew
tefnta "certain^"" ^^ discharged in the U uited Kingdom, in wSatever part of her Majesty's do-
particulars, minions the same is registered, and of every home trade ship, shall make oot
and sign a list in a form sanctioned by the Board of Trade, containing the
following particulars ; (that is to say,)
(1.) The number and date of the ship's register and her remstered tonnage:
(2.) The length and general nature of the voyage or employment :
(3.) The christian names, surnames, ages and places of birth of all the
crew, including the master and apprentices ; their qualities on board,
their last ships or other employments, and the dates and places of their
joining the ship :
(4.) The names of any members of the crew who have died or otherwise
ceased to belong to the ship, with the times, places, causes and cir-
cumstances thereof:
(5.) The names of any members of the crew who have been mained or hart,

with the times, places, causes and circumstances thereof:
(6.) The wages due to any of the crew who have died, at the times of tfadr

respective deaths :
(7.) The clothes and other effects belonging to any of the crew who have
died, with a statement of the manner m which they have been dealt
with, and the money for which any of them have t>een sold :
(8.) The name, age and sex of every person, not being one of the crew, irho

dies on board, with the date and the cause thereof:
(9.) Every birth which happens on board, with the date thereof, the lex

of the infant, and the names of the parents :
(10.) Every marriage which takes place on board, with the date thereof
and the names and ages of the parties.

CCLXXIV. In the case of forei^ -going ships, the master shall, withia
forty-eight hours after the ship's arrival at her final port of destination in the
Unfted Kingdom, or upon the discharge of the crew, whichever first happens,
deliver to the shipping master before whom the crew is discharffed such list
as hereinbefore required, and if he fails so to do shall for every default incur
a penalty not exceeding five pounds ; and such shipping master shall there-
upon give to the master a certificate of such delivery ; and no officer of cus-
toms shall clear inwards any foreign-going ship without the production of
such certificate, and any such officer may detain any such ship until the
same is | roduced.

CCLXXV. The master or owner of every home trade ship shall, widiin
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 such Ibt as hereinbefore required for the preceding half
year, and shall in default incur a penalty not exceeding ^ve pounds : and
such shipping master shall give to the master or owner a certificate of such
transmission or delivery ; and no officer of customs shall grant a clearance or
transire fur any home trade ship without the production of such certificate,
and any such officer may detain any such ship until the same is produced.

Lists to be sent CCLXXVI. If any ship ceases by reason of transfer of ownership or
tfMsfwofihip^ change of employment to fall within the definition of a foreigii-going OTof •
and in case of home trade ship, the master or owner thereof shall, if such ship is then in the

loss.



Lists for foreign-
going ships to be
delivered to sliip-
pine master on
arrival.



Lists to be de-
livered by home
trade ships half-
yearly.



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17 & 18 Vict. c. 104. xcvii

United Kingdom, within one month, and if she is elsewhere, within six
months, deliver or transmit to the shipping roaster at the port to which the
ship has belonged such list as hereinbefore mentioned, duly made out to the
tinte at which she ceased to be a foreign-going or home trade ship, and in
default shall for each offence incur a penalty not exceeding ten pounds ; and
if any ship is lost or abandoned, the master or owner thereof shall, if prac-
ticable, and as soon as possible, deliver or transmit to the shipping master at
the port to which the ship belonged such list as hereinbefore mentioned duly
made out to the time of such loss or abandonment, and in default shall for
each offence incur a penalty not exceeding ten pounds.

CCLXXVII. All shipping masters and officers of customs shall take charee Shipping matters
of all documents which are delivered or transmitted to or retained by them in f!??«™u^^.?
pnrsuanoe ot this act, and shall keep them for such time (it any) as may be menu to regis-
necesi^ry for the purpose of settling any business arising at the place where *'*^-



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 74 of 101)