Pt. II. 220-221. proof of the registration of a vessel as a British ship was necessary for a conviction for harbouring deserters from her (see 1894, s. 236), because s. 19 (1894, s. 2) provided that no ship should, unless registered, be recognised as a British ship. Misconduct But in Reg. v. Seberg (1870), 39 L. J. M. C. 133; L. R. 1 C. C. R. 264, a case of malicious wounding on the high seas, it was held that the evidence of the master, boatswain, and one of the crew, that the vessel was a British ship sailing under the British flag, was sufficient to prove that she was a British ship, without proof of the register or of the ownership; and that, even if it had appeared that she had not been registered, the court would have had jurisdiction, first, because there was nothing in the M. S. Acts to take away the criminal jurisdiction of the court; and, secondly, because of the provision at the end of s. 106 of M. S. A. 1854 (1894, s. 72, q. v.). See also Reg. v. Allen (1866), 10 Cox, C. C. 405; Reg. v. Bjornsen, supra (s. 1). In Leary v. Lloyd the offence, unlike that in Reg. v. Seberg, was not committed on board the ship or by persons belonging to her, and hence the provision last referred to would not apply. See s. 72; and cf. s. 266, and The Milford, infra (s. 260). All seamen, whatever their nationality, serving on board British vessels, are amenable to British law. Reg. v. Anderson (1868), 38 L. J. M. C. 12; L. R. 1 C. C. R. 161. As to the application of these sections to seafaring persons carried under compulsion and to stowaways, see s. 237; and to cases where the formalities required by statute in the engagement of the crew have not been fully observed, s. 315, note (a). 220. If a master, seaman, or apprentice belonging to a British endangering ship, by wilful breach of duty or by neglect of duty or by reason of drunkenness,— life or ship. [1854, s. 239.] Desertion and absence (a.) does any act tending to (a) the immediate loss, destruction, or serious damage of the ship, or tending immediately to endanger the life or limb of a person belonging to or on board the ship; or (b.) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction (b), or serious damage, or for preserving any person belonging to or on board the ship from immediate danger to life or limb, he shall in respect of each offence be guilty of a misdemeanor (c). (a) It need not be proved that any actual loss, &c. followed from the act. R. v. Gardner (1859), i F. & F. 669. (b) As to barring of claim to wages by proof of misconduct in cases of wreck or loss, see s. 157. (c) As to the punishment of misdemeanors, see s. 680. 221. If a seaman lawfully engaged (a), or an apprentice to the sea service (b), commits any of the following offences he shall without leave. be liable to be punished summarily (c) as follows: [1854, s. 243; 43 & 44 Vict. c. 16, s. 10.] (a.) If he deserts from his ship he shall be guilty of the offence of desertion (d) and be liable to forfeit (e) all or any part of the effects (f) he leaves on board, and of the wages (f) which he has then earned, and also, if the desertion takes place abroad, of the wages 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 by the master or owner of the ship to any substitute engaged in his (b.) If he neglects, or refuses without reasonable cause (g), (a) The engagement must be on board a British ship. Desertion from foreign ships is provided for by s. 238. (b) This section does not apply to service on a ship which is not a sea-going ship, and, therefore, in such a case, proceedings are rightly taken under the Employers and Workmen Act, 1875. See s. 260 and Salt Union v. Wood there cited. (c) See ss. 680 et seq. (prosecution of offences), and s. 233 (forfeitures and deductions) can be determined in a wages action. As to saving of other remedies, see s. 226. (d) Desertion, what amounts to.—A seaman left his ship abroad, by order of the consul, to give evidence on a charge of wounding, &c. at sea against the master: held, that, even if the consul had no power under M. S. A. 1854, s. 268 (1894, s. 689), to compel him to do so, the seaman's leaving the ship was justified, and was not a "desertion" within the meaning of s. 243 (1894, s. 221). Cross v. Hyde (1868), 3 M. L. C. (O. S.) 80. It appears that a seaman left behind at a foreign port through his own negligence and misconduct, or through arrest on shore, is not necessarily a deserter. Button v. Thompson (1869), 38 L. J. C. P. 225; L. R. 4 C. P. 330; Seward v. Ratter (1884), (Sc.) 12 Crt. of Sess. Cas. (4th Ser.) 222; 22 Sc. L. R. 173. As to a seaman leaving his ship in order to enter the Royal Navy, see s. 195. For cases before M. S. A. 1854, and as to the subject generally, see Maclachlan, 4th ed., p. 245, &c., and Kay on Shipmasters, &c., 2nd ed., § 505, &c. As to evidence of desertion, see s. 231, and M. S. A. 1906, s. 36, note (d). (e) As to procedure with regard to forfeitures under this section and the application thereof, see ss. 228 (d), 232, sub-ss. (1), (2), 233. (f) As to what are included in " wages " and "effects," see s. 742. As to dealing with wages and effects of seamen left behind for offences under this section, see M. S. A. 1906, s. 28 (1). A seaman who fails to join his ship is liable to have his certificates of discharge withheld for such periods as the Board of Trade may think fit. See M. S. A. 1906, s. 65 (2). (g) As to allegation by seamen that the ship is unfit for sea, see s. 463. (h) As to ascertaining the amount of forfeiture when wages are by voyage, run or share, see s. 234. Pt. II. 221. 222.-(1.) If in the United Kingdom a seaman or apprentice is guilty of the offence of desertion or of absence without leave, or otherwise absents himself from his ship (a) without leave, the master, any mate, the owner, ship's husband, or consignee of the ship, may, with or without the assistance of the local police officers or constables, convey him on board his ship, and those officers and constables are hereby directed to give assistance if required; (2.) Provided that if the seaman or apprentice so requires he shall first be taken before some court capable of taking cognizance of the matter to be dealt with according to law. (3.) If it appears to the court before whom the case is brought that the seaman or apprentice has been conveyed on board or taken before the court on improper or insuflicient grounds, that court may inflict on the master, mate, owner, ship's husband, or consignee, as the case may be, a fine not exceeding twenty pounds; but the infliction of that fine shall be a bar to any action for false imprisonment in respect of the arrest. (a) This section only applies to British ships. Desertion from foreign ships is provided for by s. 238. 223.—(1.) If out of the United Kingdom, either at the commencement or during the progress of any voyage, a seaman or apprentice is guilty of the offence of desertion or of absence without leave, or otherwise absents himself from his ship without leave, the master, any mate, the owner, ship's husband, or consignee, may in any place in Her Majesty's dominions out of the United Kingdom, with or without the assistance of the local police officers or constables (and those officers and constables are hereby directed to give assistance if required), and also at any place out of Her Majesty's dominions, if and so far as the laws in force at that place will permit, arrest him without first procuring a warrant. (2.) A person so arresting a seaman or apprentice may in any case, and shall in case the seaman or apprentice so requires and it is practicable, convey him before some court capable of taking cognizance of the matter, to be dealt with according to law, and for that purpose may detain him in custody for a period not exceeding twenty-four hours, or such shorter time as may be necessary; but if the seaman or apprentice does not require to be so taken before a court, or if there is no such court at or near the place, the person arresting him may at once convey him on board his ship. (3.) If it appears to the court before whom the case is brought that an arrest under this section has been made on improper or on insufficient grounds, the master, mate, owner, ship's husband, or consignee who made the arrest, or caused it to be made, shall be liable to a fine not exceeding twenty pounds; but the infliction of that fine shall be a bar to any action for false imprisonment in respect of the arrest. (4.) If out of the United Kingdom, a seaman or apprentice is imprisoned for having been guilty of the offence of desertion or of absence without leave, or for having committed any other breach of discipline, and during his imprisonment and before his engagement is at an end, his services are required on board his ship, a justice of the peace may, on the application of the master or of the owner or his agent, notwithstanding that the period of imprisonment is not at an end, cause the seaman or apprentice to be conveyed on board his ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or to the owner or his agent, to be by them so conveyed. Pt. II. 224-225. offender to 43 & 44 Vict. c. 16, s. 10.] 224. (1.) Where a seaman or apprentice is brought before Power of a court on the ground of the offence of desertion, or of absence court to order without leave, or of otherwise absenting himself without leave, be taken on the court, if the master or the owner or his agent so require, board ship. may (and if out of the United Kingdom in lieu of committing [1854, s. 247; him to prison), cause him to be conveyed on board his ship for the purpose of proceeding 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 by virtue of his then existing engagement may afterwards earn. (2.) If in the United Kingdom a seaman or apprentice to the sea service intends to absent himself from his ship or his duty, he may give notice of his intention, either to the owner or to the master of the ship, not less than forty-eight hours before the time at which he ought to be on board his ship; and in the event of that notice being given, the court shall not exercise any of the powers conferred by this section for causing the offender to be conveyed on board his ship. against 225 (a).—(1.) If a seaman lawfully engaged or an apprentice General to the sea service commits any of the following offences, in this offences Act referred to as offences against discipline, he shall be liable to be punished summarily as follows (b); that is to say, (a.) If he quits the ship without leave after her arrival at her port of delivery, and before she is placed in security, he shall be liable to forfeit (c) out of his wages (d) a sum not exceeding one month's pay: (b.) If he is guilty of wilful disobedience to any lawful command, he shall be liable to imprisonment for a period not exceeding four weeks, and also, at the discretion. of the court, to forfeit out of his wages a sum not exceeding two days' pay: (c.) If he is guilty of continued wilful disobedience to lawful Pt. II. 226. Summary remedies not to affect other remedies. [1883, s. 54.] commands or continued wilful neglect of duty, he shall be liable to imprisonment for a period not exceeding twelve weeks, and also, at the discretion of the court, to forfeit for every twenty-four hours' continuance of disobedience or neglect, either a sum not exceeding six days' pay, or any expenses properly incurred in hiring a substitute: (d.) If he assaults the master or any mate or certificated he (f.) If he wilfully damages his ship, or embezzles or wilfully damages any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also, at the discretion of the court, to imprisonment for a period not exceeding twelve weeks: (g.) If he is convicted of any act of smuggling, whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy. (2.) Any imprisonment under this section may be with or without hard labour. As to fines for misconduct imposed by the agreement with the crew, see ss. 114, sub-ss. (2) (g), and M. S. A. 1906, s. 41. Misconduct which has been punished by such a fine cannot be also punished under this section or otherwise under the Act. See M. S. A. 1906, s. 44, sub-s. 2 (5). (a) This section (which reproduces s. 243 of 1854) does not apply to seamen serving on board a ship which is not a sea-going ship. See s. 260 (application of Part II.), and Salt Union v. Wood, 62 L. J. M. C. 75 ; [1893] 1 Q. B. 370. () As to legal proceedings generally, see ss. 680 et seq., and, with regard to such forfeitures, ss. 228 (d), 231, 233. As to the power of a justice to cause a seaman to be returned to his ship before the period of imprisonment is at an end, see s. 223, sub-s. (4). As to saving of other remedies, see s. 226. (c) As to the application of these forfeitures, see s. 232, sub-s. (3). As to ascertaining the amount of forfeiture when wages are by voyage, run or share, see s. 234. (d) "Wages" includes emoluments. See s. 742. 226. Nothing in the last preceding section or in the sections relating to the offences of desertion or absence without leave (a) shall take away or limit any remedy by action or by summary procedure before justices which an owner or master would but for those provisions have for any breach of contract in respect of the matters constituting an offence under those sections, but an |