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Scale of Provisions to be allowed and served

out to the Crew during the Voyage.

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Tea.

Coffee.

Sugar.

Water.

of whom

Ship.

The several persons whose names are hereto subscribed, and whose descriptions are contained below, and
are engaged as Sailors, hereby agree to serve on board the said Ship, in the several
capacities expressed against their respective names on a voyage from *

And the said Crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to
be at all times diligent in their respective duties, and to be obedient to the lawful commands of the said Master,
or of any Person who shall lawfully succeed him, and of their Superior Officers, in everything relating to the
oz oz oz qt. said Ship and the Stores and Cargo thereof, whether on board, in boats, or on Shore: in consideration of which
Services to be duly performed, the said Master hereby agrees to pay to the said Crew as Wages the sums against
their names respectively expressed, and to supply them with provisions according to the annexed Scale: And
it is hereby agreed, That any Embezzlement or wilful or negligent destruction of any part of the Ship's Cargo
or Stores shall be made good to the Owner out of the Wages of the person guilty of the same: And if any person
enters himself as qualified for a duty which he proves incompetent to perform, his Wages shall be reduced in
which in the paper annexed hereto are numbered †
proportion to his incompetency: And it is also agreed, That the Regulations authorised by the Board of Trade,

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are adopted by the parties hereto, and shall be considered as embodied in this Agreement: And it is also agreed,
That if any Member of the Crew considers himself to be aggrieved by any breach of the Agreement or otherwise,
he shall represent the same to the Master or Officer in charge of the Ship in a quiet and orderly manner, who
shall thereupon take such steps as the case may require: And it is also agreed, That

signatures mentioned. In witness whereof the said Parties have subscribed their names hereto on the days against their respective

Signed by

No of
Fond
Ticket (it)

Ship in which he
last served, Official
Number and Port
she belonged to.

Date and Place
of Discharge
from such
Suip.

any).

Master, on the

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day of

Am ut of
Wages per
Calen lar

18

EXECUTED IN

FOLIO

[Here the voyage is to be described,
and the places named at which the ship
is to touch, or if that cannot be done,
the general nature and probable length
of the voyage is to be stated.]
[t Here are to be inserted the numbers
of any of the Regulations for preserv
ing discipline, lettered R, issued by the
Board of Trade, which the parties agree
to adopt. If any of them are so adopted,
a Copy of the Regulations is to be kept
annexed to the Agreement.]

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Month, Share,
or Voyage.

Aroant of
Wages ad-
vanced on
Entry.

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5.

d.

d. £ S. d.

PLACE FOR SIGNATURES AND DESCRIPTION OF SUBSTITUTES.-NOTE. Here the Entries are to be made as above. except that the Signature of the Consul or Vice-Consul,
Officer of Customs, or Winess before whom the Man is engaged, is to be substituted for that of the Shipping Master.

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(R.) REGULATIONS FOR MAINTAINING DISCIPLINE.

SANCTIONED BY THE BOARD OF TRADE.

IN PURSUANCE OF THE MERCHANT SHIPPING ACT, 17 & 18 VICT. c. 104.

THESE Regulations are distinct from and in addition to those contained in the Act, and are sanctioned but not univerzally required by Law. All or any of them may be adopted by agreement between a Master and his Crew, and thereupon the Offences specified in such of them as are so adopted will be legally punishable by the appropriate Fines or Punishments. These Regulations are all numbered, and the numbers of such of them as are adopted must be inserted in the space left for that purpose in the Agreement, and a copy of these Regulations must be made to correspond with the Agreement by erasing such of the Regulations as are not adopted, and must then be attached to and kept with the Agreement which the Master of the Ship takes to sea with him. If the Agreement is made before a Shipping Master, his signature or initials must be placed opposite such of the Regulations as are adopted.

For the purpose of legally enforcing any of the following penalties the same steps must be adopted as in the case of other Offences punishable under the Act; that is to say, a statement of the Offence must, immediately after its commission, be entered in the Official Log Book by the direction of the Master, and must at the same time be attested to be true by the signatures of the Master and the Mate, or one of the Crew; and a copy of such entry must be furnished, or the same must be read over, to the Offender, before the Ship reaches any Port or departs from the Port at which she is, and an entry that the same has been so furnished or read over, and of the reply, if any, of the Offender, must be made and signed in the same manner as the entry of the Offence. These entries must, upon discharge of the Offender, be shown to the Shipping Master before whom the Offender is discharged, or, in the case of a Home-Trade Ship, to some Shipping Master at or near the place where the Crew is discharged; and if he is satisfied that the Offence is proved, and that the entries have been properly made, the Fine must be deducted from the Offender's wages, and paid over to the Shipping Master.

If, in consequence of subsequent Good Conduct, the Master thinks fit to remit or reduce any Fine upon any Member of his Crew which has been entered in the Log, and signifies the same to the Shipping Master, the Fine shall be remitted or reduced accordingly. If wages are contracted for by the Voyage or by Share, the amount of the Fines is to be ascertained in the manner in which the Amount of Forfeiture is ascertained in similar cases under Sect. 252.

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22

18

19

20

to place the look-out properly

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Sleeping or gross negligence while on the look-out
Not extinguishing lights at the times ordered
Smoking below

Neglecting to bring up, open out, and air bedding, when

(For the Cook)-Not having any meal of the crew ready
at the appointed time

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Not attending Divine Service on Sunday, unless pre-
vented by sickness or duty of the ship
Interrupting Divine Service by indecorous conduct
Not being cleaned, shaved, and washed on Sundays.
Washing clothes on a Sunday

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Secreting contraband goods on board with intent to
smuggle.

Destroying or defacing the copy of the agreement which

is made accessible to the Crew

One Month's Pay.

One Day's Pay.

If any officer is guilty of any act or default which is made subject to a Fine,
he shall be liable to a Fine of twice the number of Days' Pay which
would be exacted for a like act or default from a seaman, and such Fine
shali Le paid and applied in the same manner as other Fines.

Two Days' Pay.

Two Days' Pay.

One Day's Pay.

One Day's Pay.

Half a Day's Pay.

One Day's Pay.

One Day's Pay.

One Day's Pay.

One Day's Pay.

One Day's Pay.

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INSTRUCTIONS FROM THE BOARD OF TRADE

TO THE RECEIVERS OF ADMIRALTY DROITS CONCERNING THE APPORTIONMENT OF SALVAGE.

In all cases in which the aggregate amount payable for salvage has been settled either by agreement or by legal decision, and does not exceed 2007. the person who is to pay may, for the purpose of avoiding further litigation or difficulty, apply to the receiver to receive it and distribute it amongst the several claimants. The receiver will thereupon 80 receive and distribute it, unless there are any special circumstances, such, for instance, as a claim for salvage on his own account, or extraordinary questions of doubt or difficulty, which render it impossible for him to do so. In all cases in which he refuses to act, he will at once report the case and his reasons for refusing to the Board of Trade. Upon receiving the money he will grant a certificate in the form marked (Wr. 7.) in the appendix, and proceed to apportion the amount among the salvors. In doing this he will avail himself of the assistance of the coast guard officer (if any) who has been present. A copy of the certificate should be kept by the receiver. Upon payment a receipt must be taken from the various parties in form (Wr. 8.) in the appendix.

The principles which regulate the apportionment of a salvage reward amongst the parties entitled thereto are in most cases comparatively simple. The cases which will fall within the cognisance of receivers, will generally be found to belong to one or other of the following classes. Where the salvage services have been rendered:

(a.) By revenue cruisers or coast guard men. (b.) By smacksmen, boatmen, or fishermen.

(c.) By landsmen or beachmen.

(d.) By the master and crew of some vessel.

(a.) As regards the first class of salvors, the revenue cruisers and coast guard men, rules have been laid down for the distribution of rewards of all kinds amongst the officers and men engaged; and the receivers should therefore pay over the whole amount due to the officers and men to the inspecting commander of the district, who will distribute the same under the authority of the comptroller general of the coast guard. A special report should be made by the inspecting commander in cases where special skill or enterprise have been shown, or special risk incurred by any individual, in order that directions may be issued, if necessary, for giving a special reward.

(b.) With regard to the second class of salvors, the smacksmen, boatmen, and fishermen, it will generally be found that there is a scale of distribution recognised and agreed upon amongst them; the smack or boat has a certain number of shares, and the remainder belong to the master and crew in certain agreed proportions. Where such a scale exists, it should be strictly adhered to in making an apportionment of salvage, unless indeed any one or more of the men have shown great skill and enterprise, or incurred greater risk than the others, when an exception may sometimes be made in their favour.

Where, however, salvage has been awarded to the crew of a smack or boat, amongst whom there is no such agreed scale of distribution, the receivers will do well in making the apportionment to follow the scale of distribution generally adopted amongst the smacksmen and boatmen in the neighbourhood; as such agreements are generally found to be based upon principles of justice and equity, and are such as best conduce to the interests of the community by whom they have been adopted.

Where a cargo of fish has been spoiled or injured in rendering the salvage service, care should be taken in making the apportionment, to ascertain upon whom the loss will fall, and a corresponding allowance should be made to them.

(c.) With regard to the third kind of salvors, beachmen and landsmen, it will generally be proper to divide the salvage equally amongst them all. They will, probably, in most instances, be found to belong to the same class in life, to have incurred the same risk and the same amount of labour, and to have shown the same skill in the performance of the services. Should any of them have, however, greatly distinguished themselves, it will be proper to give them a larger proportion of the salvage award.

(d) The fourth class of cases, where the salvage services have been rendered by a vessel and her master and crew, will be found by the receivers to be the most difficult, as the apportionment must depend upon a consideration of the whole circumstances of the case, and whether the preservation of the property is due principally to the services of the salving vessel herself, or to the personal exertions and risk incurred by the master or the crew. As a general rule, it may be stated that where the services have been chiefly performed by the vessel herself, as in the case of a derelict, where the property has been towed into a place of safety, one-half of the salvage reward is given to the owners of the salving vessel, from one-fourth to one-eighth to the master, and the remainder amongst the crew in proportion to their wages. This is the scale of distribution usually adopted where the salvage services have been performed by steamers, and where it may generally be said that success is due chiefly to the power and construction of the vessel herself. Where, however, the principal part of the services have not been rendered by the vessel, and where the vessel has not been exposed to any risk or danger, but where the preservation of the property is due in great measure to the personal exertions of the master and crew, then a much smaller portion of the salvage is awarded to the owners of the vessel. It is, however, a question of appreciation, dependent entirely upon the circumstances of each particular case, and in regard to which no positive general rule can be laid down. The greater the risk to the master and crew and the less the risk to the vessel, the greater must be the proportion awarded to the actual salvors, and the less to the owners of the salving vessel.

Finally. It should be observed that apprentices are entitled to share in an allotment of salvage; and that the master or the owners of the vessel cannot claim the shares which may fall due to their apprentices; and also, that if a contract giving up or making over any claim to salvage to any person whatever is made by any seaman or apprentice prior to the accruing of such claim, such contract is absolutely void, as being against equity, public policy, and positive enactment. (See Merchant Shipping Act, 1854, s. 233.)

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