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Pt. II.

237-238. his engagement, it is perfectly immaterial whether all the formalities required

Penalty on stowaways, and discipline

and seamen

carried under compulsion.

by the statute have been observed"-per Mellor, J., Ibid. And the section applies, though the person persuaded has only been verbally engaged as a storekeeper of the ship while in port. Thomson v. Hart (1890), (Sc.) 28 Sc. L. R. 28; 18 Crt. of Sess. Cas. (4th Ser.), Justiciary Cas. 3.

Other enactments with regard to offences of this kind are 24 & 25 Vict. c. 100, s. 40, and 38 & 59 Vict. c. 86 (Conspiracy and Protection of Property Act, 1875), s. 7. Cf. Farmer v. Wilson, [1900] 69 L. J. Q. B. 496; 64 J. P. 486; Reg. v. Lynch and Jones, 67 L. J. Q. B. 59; [1898] 1 Q. B. 61. Seamen are excepted from punishment under the last-mentioned Act (by s. 16), but the exception does not extend to the case of an offence against a seaman by a person who is not a seaman. Kennedy v. Cowie, 60 L. J. M. C. 170; [1891] 1 Q. B. 771.

(b) This section only applies to British ships. Poll v. Dambe, 70 L. J. K. B. 721; [1901] 2 K. B. 579.

As to whether proof of the registration of the ship is necessary for a conviction for harbouring deserters, see note on Provisions as to Discipline, p. 130.

237.-(1.) If a person secretes himself and goes to sea in a ship without the consent of either the owner, consignee, or of stowaways master, or of a mate, or of the person in charge of the ship, or of any other person entitled to give that consent, he shall be liable to a fine not exceeding twenty pounds, or, in the discretion of the court, to imprisonment, with or without hard labour, for a period not exceeding four weeks. And such person found on board without consent as aforesaid may be taken before any sheriff or justice of the peace without warrant, and such sheriff or justice may summarily hear the case, and, on proof of the offence, convict such offender as aforesaid.

[1854, ss. 245, 258.]

Deserters

from foreign
ships.
[15 & 16 Vict.
c. 26.]

(2.) Every seafaring person whom the master of a ship is, under the authority of this or any other Act compelled to take on board and convey (a), and every person who goes to sea in a ship without such consent as aforesaid, shall, so long as he remains in the ship, be deemed to belong to the ship (b), and be subject to the same laws and regulations for preserving discipline, and to the same fines and punishments for offences constituting or tending to a breach of discipline, as if he were a member of, and had signed the agreement (c) with, the crew.

The words in clarendon type are added to this section for the purpose of applying the section to Scotland. See M. S. A. 1906, s. 82 (1).

(a) See M. S. A. 1906, s. 48 (2), as to compulsion of master.

(b) The words "be deemed to belong to the ship, and" were hereby added, apparently to extend the operation of the sub-section by attracting the provisions which apply to persons "belonging to a ship, e.g., those as to the property of deceased seamen. See s. 169 and M. S. A. 1906, s. 29.

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(c) See s. 114 and sub-s. (2) (g) thereof, as to stipulation in agreements as to discipline.

238.-(1.) Where it appears to Her Majesty that due facilities are or will be given by the government of any foreign. country for recovering and apprehending seamen who desert from British merchant ships in that country, Her Majesty may, by Order in Council, stating that such facilities are or will be given, declare that this section shall apply in the case of such foreign country, subject to any limitations, conditions, and qualifications contained in the Order.

(2.) Where this section applies in the case of any foreign country, and a seaman or apprentice, not being a slave, deserts when within any of Her Majesty's dominions from a merchant ship belonging to a subject of that country, any court, justice, or officer that would have had cognizance of the matter if the seaman or apprentice had deserted from a British ship shall, on the application of a consular officer (a) of the foreign country, aid in apprehending the deserter, and for that purpose may, on information given on oath, issue a warrant for his apprehension, and, on proof of the desertion, order him to be conveyed on board his ship or delivered to the master or mate of his ship, or to the owner of the ship or his agent, to be so conveyed; and any such warrant or order may be executed accordingly.

(3.) If any person harbours or secretes any deserter liable to be apprehended under this section, knowing or having reason to believe that he has deserted, that person shall for each offence be liable to a fine not exceeding ten pounds.

The following is a list of Orders in Council in force on 31st December, 1906, with the date of each Order.

Austria-Hungary, Oct. 16th, 1852; Belgium, Feb. 8th, 1855; Brazil, Nov. 17th, 1888; Colombia, Dec. 28th, 1866; Congo State, Aug. 10th, 1888; Denmark, July 15th, 1881; Ecuador, Sept. 21th, 1886; France, July 3rd, 1854; Germany, March 18th, 1880; Greece, July 12th, 1887; Honduras, Sept. 26th, 1901; Italy, June 11th, 1863; Japan, Oct. 9th, 1903; Mexico, May 28th, 1889; Morocco and Fez, May 6th, 1857; Netherlands, March 9th, 1854; Nicaragua, March 1st, 1907; Paraguay, Dec. 29th, 1887; Peru, Aug. 18th, 1852; Russia, Aug. 27th, 1860; Salvador, June 11th, 1863; Siam, Nov. 10th, 1866; Spain, Jan. 23rd, 1860; Sweden and Norway, Aug. 18th, 1852; Turkey, May 18th, 1865; United States, Aug. 18th, 1892; Uruguay, Sept. 24th, 1886; Zanzibar, March 7th, 1887. See Appendix, p. 590.

As to the saving of such Orders as were made before January 1st, 1895, see 8. 745.

For special provision as to the apprehension of deserters from Portuguese ships, see 12 & 13 Vict. c. 25, s. 2, and 39 & 40 Vict. c. 20, s. 2.

(a) See definition, s. 742.

Pt. II.

239.

Official Logs.

239.-(1.) An official log shall be kept in every ship (a) Official logs (except ships employed exclusively in trading between ports on to be kept the coasts of Scotland) in the appropriate form for that ship evidence. approved by the Board of Trade.

and to be

[1854, ss. 280,

(2.) The Board of Trade shall approve forms (b) of official 281, 283, 285; log books, which may be different for different classes of ships, 1862, s. 13; so that each such form shall contain proper spaces for the entries 1883, s. 55.] required by this Act.

(3.) The official log may, at the discretion of the master or owner, be kept distinct from, or united with, the ordinary ship's log, so that in all cases the spaces in the official log book be duly filled up.

(4.) An entry required by this Act in an official log book shall be made as soon as possible after the occurrence to which it relates, and if not made on the same day as that occurrence

Pt. II. 240.

Entries

required in official log book.

[1854, s. 282.]

shall be made and dated so as to show the date of the occurrence and of the entry respecting it; and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge shall not be made more than twenty-four hours after that arrival.

(5.) Every entry in the official log book shall be signed by the master, and by the mate, or some other of the crew (c), and also

(a.) if it is an entry of illness, injury, or death, shall be signed by the surgeon, or medical practitioner on board (if any) (d); and

(b.) if it is an entry of wages due to, or of the sale of the effects of, a seaman or apprentice who dies, shall be signed by the mate and by some member of the crew besides the master (e); and

(c.) if it is an entry of wages due to a seaman who enters Her Majesty's naval service, shall be signed by the seaman,

or by the officer authorised to receive the seaman into that service (f).

(6.) Every entry made in an official log book in manner provided by this Act shall be admissible in evidence (g).

(a) But see, as to British ships registered out of the United Kingdom, &c., ss. 261, 264; ships of general lighthouse authorities and pleasure yachts, s. 262; fishing boats, s. 263.

(b) For provisions as to forms, see s. 720.

(c) The special sections dealing with matters to be entered in log books (see notes to s. 240), make special provision in some cases for signature by various officials. See, e.g., s. 198 (inspection of provisions and water); s. 483 (orders of Naval Courts); M. S. A. 1906, s. 44, sub-s. (1) (b) (fines of seamen entering navy or discharged abroad).

(d) The entry of illness or injury is required by s. 240 (5); of death, by s. 254. As to endorsement by superintendent with regard to cause of death, see s. 690. (e) This repeats the provisions of s. 169, sub-s. (4).

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(f) See s. 196: money and effects of seamen volunteering into the navy.

(g) As to admissibility in evidence, see ss. 695, 720.

Though the log book usually kept by the engineer of a steamship is not an official log book," it is admissible in a damage action as evidence against the owner by whom the engineer is employed. The Earl of Dumfries (1885), 54 L. J. P. 7; 10 P. D. 31.

As to production of log book in proceedings before superintendent, see s. 138.

240. The master (a) of a ship for which an official log is required shall enter or cause to be entered in the official log book the following matters (b); (that is to say),

(1.) Every conviction by a legal tribunal of a member of his crew, and the punishment inflicted:

(2.) Every offence committed by a member of his crew for which it is intended to prosecute, or to enforce a forfeiture, or to exact a fine, together with such statement

concerning the copy or reading over of that entry, and
concerning the reply (if any) made to the charge, as is
by this Act required (c) :

(3.) Every offence for which punishment is inflicted on board,
and the punishment inflicted:

(4.) A statement of the conduct, character, and qualifications of each of his crew, or a statement that he declines to give an opinion of those particulars (d) :

(5.) Every case of illness or injury happening to a member of the crew, with the nature thereof, and the medical treatment adopted (if any) :

(6.) Every marriage taking place on board with the names and ages of the parties:

(7.) The name of every seaman or apprentice who ceases to be a member of the crew, otherwise than by death, with the place, time, manner, and cause thereof:

(8.) The wages due to any seaman who enters Her Majesty's naval service during the voyage (e):

(9.) The wages due to any seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom (ƒ):

(10.) The sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of each article sold, and the sum received for it (ƒ) :

(11.) Every collision with any other ship, and the circumstances under which the same occurred (g): and

(12.) Any other matter directed by this Act to be entered ().

(a) As to the entries to be made or signed by other persons than master, see s. 239, and note (c) thereto.

(b) In some cases the special sections dealing with these matters also provide for their entry in the log book by the master or for a penalty in case of omission. As to particulars of certain of these matters to be furnished in the list of the crew upon discharge, see s. 253.

(e) See s. 228 (entry of offences).

(d) See s. 129 and note (b) thereto (report of seaman's character).

(e) See ss. 194-197 (volunteering into navy).

(ƒ) See ss. 169, 170; M. S. A. 1906, s. 29 (property of deceased seamen). (g) See s. 423 (collisions).

(h) See (inter alia) s. 85 (measurement of deck cargo); s. 200 (refusal to take anti-scorbutics); ss. 254, 339 (births and deaths); s. 258 (documents handed over on change of master); s. 436 (draft and clearside on leaving port); s. 440 (M. S. A. 1906, s. 8) (position of load line); s. 443 (entrics required by the Load-Line Regulations); s. 483 (orders of Naval Courts); M. S. A. 1906, s. 9 (boat drill and examination of life-saving appliance); ibid. s. 28 (wages and effects of seaman left behind); ibid. s. 44 (deduction of fines in certain cases); ibid. s. 59 (disrating of seamen).

As to endorsement in the log by superintendent with regard to truth of statement (required by s. 254 and 8th Schedule) of cause of death, see s. 690.

As to entry of deductions from wages in a book kept for that purpose, see s. 133.

Pt. II.

240.

Pt. II.

241-243.

Offences in respect of

241-(1.) If an official log book is not kept in the manner required by this Act, or if an entry directed by this Act to be made therein is not made at the time and in the manner directed official logs. by this Act, the master shall for each offence be liable to the [1854, s. 284.] specific fine in this Act mentioned in respect thereof, or where there is no such specific fine, to a fine not exceeding five pounds.

Delivery of official logs to superintendent of mercantile

(2.) If any person makes, or procures to be made, or assists in making, any entry in an official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after that arrival, he shall for each offence be liable to a fine not exceeding thirty pounds.

(3.) If any person wilfully destroys or mutilates or renders illegible any entry in an official log book, or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log book, he shall in respect of each offence be guilty of a misdemeanor.

As to the punishment of misdemeanors, see s. 680.

242.-(1.) The master of every foreign-going (a) ship shall, within forty-eight hours after the ship's arrival at her final port of destination in the United Kingdom or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the superintendent before whom the crew is dis[1854, s. 286.] charged.

marine office.

Official logs

to be sent

home in case

(2.) The master or owner of every home-trade (a) ship for which an official log is required to be kept (b) shall, within twenty-one days of the thirtieth day of June and the thirty-first day of December in every year, transmit or deliver the official log book for the preceding half-year to some superintendent in the United Kingdom.

(3.) If the master or owner of a ship fails without reasonable cause to comply with this section, he shall be subject to the same consequences and liabilities to which he is subject for the nondelivery of the list of the crew required to be delivered under this part of this Act (c).

(a) For definition, see s. 742.

(b) Before 1894 ships exclusively employed in trading between ports on the coasts of the United Kingdom were excepted from the section here reproduced. That exception was then dropped, and the law accords with what is believed to have been the practice.

(c) See s. 253, as to list of crew.

243.—(1.) Where by reason of transfer of ownership or change of employment of a ship, the official log ceases to be of transfer of required in respect of the ship or to be required at the same date, the master or owner of the ship shall, if the ship is then in the United Kingdom, within one month, and if she is elsewhere

ship, and in case of loss.

[1854, s. 287.]

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