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Pt. IV. 387.

Decision of
disputes by
superinten-
dent.

[1883, ss. 46,
47; 50 Vict.
sess. 2, c. 4,
s. 5.]

(2.) For the purpose of the inquiry, a superintendent shall have all the powers of a Board of Trade inspector under this Act (a).

(3.) If in the course of the inquiry it appears to the superintendent that any such occurrence as aforesaid has been caused or was accompanied by violence or the use of any improper means, he shall report the matter to the Board of Trade, and shall also, if the emergency of the case in his opinion so requires, take immediate steps for bringing the offender to justice, and may for that purpose, if in his discretion he thinks it necessary, cause him to be arrested, and thereafter dealt with in due course of law.

(a) See s. 729 for powers of inspectors.

If the fishing boat be a "ship" within the meaning of the Act (as to which see note to 8. 370), and the casualty be within the definition in s. 464, the provisions of Part VI. as to inquiries and formal investigations apply. If the casualty be to, or on board of, a boat belonging to a fishing vessel, the Board of Trade may, if they think fit, apply the provisions of Part VI. See s. 468.

Settlement of Disputes.

387.-(1.) A superintendent shall inquire into, hear, and determine any dispute, either between the owner of a fishing boat and the skipper or a seaman of the boat, or between the skipper of a fishing boat and any seaman of the boat concerning—

(i.) the skipper's or seaman's wages or his share in the profits of the voyage or trip or a fishing catch, or any deduction therefrom; or

(ii) the skipper's or seaman's engagement, service, or discharge; or

(iii.) the cost, quantity, or quality, of the provisions supplied

to the crew;

if any party to the dispute calls on him to decide it, and his decision thereon shall be final and binding on all persons.

(2.) The decision shall, on the request of any party to the dispute, be put into writing, and any such written decision, if purporting to be signed by the superintendent, shall be admissible in evidence in manner provided by this Act (a).

(3.) The decision may be enforced by any justice of the peace, within whose jurisdiction the person or goods of any one against whom the decision is given may be found, in the same manner as if the decision were an order made by a court of summary jurisdiction, and a skipper or seaman may also recover any sum adjudged due to him by any such decision as if it were wages (b).

(4.) A superintendent for the purpose of hearing and determining any such dispute shall have all the powers of a Board of Trade inspector under this Act (c).

(a) See s. 695 as to admissibility of documents.

(b) See ss. 164 et seq. for mode of recovering wages.
(c) See s. 729 for powers of inspectors.

Provisions for ascertaining Profits of Fishing Boats.

Pt. IV. 388-389.

by owners.

[1883, 8. 25; 50 Vict.

388.-(1.) Where a skipper or any other member of the crew Accounts to of a fishing boat is paid by a share in the catch, the owner of be rendered the boat shall render to him a full and true account, in a form (a) approved by the Board of Trade, showing in detail the amounts for which the fish have been sold, and all deductions from those amounts which are chargeable in any respect to the men who are paid by share, and are made either in respect of stores supplied to the fishing boat, or provisions furnished to the crew or otherwise.

(2.) If the owner of a fishing boat fails without reasonable cause to comply with the foregoing provisions of this section, he shall for each offence be liable to a fine not exceeding five pounds.

(3.) If a dispute arises as to the share of the catch, the skipper or seaman shall be entitled to inspect at all reasonable times the owner's accounts and books relating to the catch, and if the owner of a fishing boat upon demand fails without reasonable cause to submit his accounts or books at a reasonable time to such inspection, he shall for each offence be liable to a fine not exceeding twenty pounds.

(a) As to forms, see s. 720.

Agreements for Fishing Vessels in Scotland.

sess. 2, c. 4,

ss. 4, 6.]

vessels in

389.-(1.) The owner or skipper of any British vessel Agreements engaged in fishing off the coast of the United Kingdom may for fishing enter into an agreement with any person employed on that Scotland. vessel that that person shall be remunerated wholly by a share [36 & 37 Vict. in the profit of the fishing adventure.

c. 85, s. 8;

(2.) Every such agreement shall be in writing, and shall be 1883, s. 55.] signed by the contracting parties in the presence of a superintendent.

(3.) The superintendent shall, before the agreement is signed, read and (if necessary) explain the same to the contracting parties, and shall attest the signature of the agreement and certify that it has been read to, and agreed to, by the contracting parties.

(4.) Any such agreement, if made in manner provided by this section, shall be valid and binding on all the contracting parties, and shall have effect notwithstanding anything in Part II. of this Act (a).

(5.) This section shall only apply to Scotland (b).

(a) See ss. 156, 157, as to right to wages and salvage when seainen have been engaged under an agreement.

(b) Cf. M. S. A. 1905, s. 81.

Pt. IV. 390-393.

Fees payable

on engagements and discharges. [50 Vict.

sess. 2, c. 4, s. 11.]

Control of
Board of
Trade.

[1883, s. 11.]

Fees and Control of Superintendents.

390.-(1.) The Board of Trade may fix the fees to be payable upon engagements or discharges of members of the crews of fishing boats when effected before a superintendent; and a superintendent may refuse to proceed with any such engagement or discharge unless the fee payable thereon has first been paid.

(2.) All fees so paid shall be carried to the credit of the Mercantile Marine Fund (a).

(a) Now the Exchequer. See M. S. (Mercantile Marine Fund) Act, 1898, s. 1 (a).

The Board of Trade have not exercised the power here contained, except locally as to Hull, under 50 Vict. sess. 2, c. 4.

391. All superintendents shall, in carrying into effect the provisions of this Part of this Act, other than those relating to the fishing boat register, be subject to the control of and obey any directions given by the Board of Trade.

See also the general provisions of ss. 713-715, as to the control of the Board of Trade.

Restriction on
apprentice-
ships and
agreements

in the case of
young boys.
[1883, s. 6.]
Boys to be
properly
apprenticed
or have proper

agreements.

[1883, ss. 8, 12.]

(11.) PROVISIONS APPLYING TO ALL FISHING BOATS OF TWENTYFIVE TONS TONNAGE AND UPWARDS.

The following sections shall apply to all fishing boats of twenty-five tons tonnage and upwards.

As to where they apply, see s. 372.

As to power of Board of Trade to exempt or extend these sections, see s. 369 (2).

Apprenticeship and Agreements with Boys.

392. A boy under the age of thirteen years shall not enter into any apprenticeship to the sea-fishing service or agreement with respect to that service, and an indenture of apprenticeship or agreement made contrary to this section shall be void.

393.-(1.) A boy under the age of sixteen years shall not be taken to sea for the purpose of serving in any capacity connected with the sea-fishing service, unless he is bound by an indenture of apprenticeship or agreement made in conformity with this Part of this Act, and a boy bound by any such agreement is in this Act referred to as a sea-fishing boy (a).

(2.) If any person takes a boy to sea, or causes a boy to be taken to sea, in contravention of this section, that person shall be liable to a fine not exceeding twenty pounds.

(3.) Boards of guardians in apprenticing boys to the seafishing service, shall not cause or permit any such apprenticeship to be made except in conformity with this Part of this Act.

Pt. IV.

(4.) Nothing in this Part of this Act shall prevent the daily 394-395. employment in a fishing boat of any boy under the age of sixteen years, who is under no obligation to remain in that employment for a longer period than one day, and with whom no written agreement has been made.

66

(a) The definition of "sea-fishing boy" is new. Apprentices duly indentured and registered are not, but sea-fishing boys apparently are, included in the term 'seaman," as defined by s. 742. Hence, it was necessary that sea-fishing boys, but not apprentices, should be expressly exempted from the provisions applicable to seamen in ss. 382, 399.

dents.

394. All superintendents shall give to persons desirous of Assistance by making indentures of apprenticeship to the sea-fishing service or superintenagreements under this Part of this Act, or of causing the same [1883, s. 11.] to be made, such assistance as may be in their power in reference thereto, and shall supply forms of indentures or agreements at such reasonable rates (if any) as the Board of Trade may fix, and may receive such fees in respect of those indentures or agreements as the Board of Trade may fix.

A table of fees on indentures of apprenticeship may be seen at all Mercantile Marine Offices.

agreements

395.—(1.) Indentures of apprenticeship to the sea-fishing Apprenticeservice, and agreements with boys under the age of sixteen ships and years with respect to that service, shall be made before a super- with boys to intendent and be in accordance with this Act, and every such be made indenture or agreement not so made shall be void. (2.) A superintendent before allowing any such indenture or [1883, ss. 4, 5, agreement to be completed, shall satisfy himself

(a.) that the indenture or agreement complies with all the requirements of this Part of this Act; and

(b.) that the master with whom the indenture or agreement
is made is a fit person for the purpose; and

(c.) that the apprentice or boy is not under the age of thirteen
years, and is of sufficient health and strength; and
(d.) that the nearest relations of the apprentice or boy or his
guardians assent, in the case of an apprentice, to the
apprenticeship, and to the stipulations in the inden-
ture of apprenticeship, and in the case of a boy, to the
stipulations of the agreement;

and shall make and sign an endorsement that he is so satisfied
on the indenture or agreement.

(3.) Where there are no nearest relations or guardians, or where they cannot readily be found, or are not known, the superintendent shall act as guardian for the occasion, and state in his endorsement that he has so acted.

(4.) The superintendent's endorsement shall be admissible in evidence in manner provided by this Act (a).

before superintendent.

8, 11.]

Pt. IV. 396-398.

Enforcement by superintendents of

(5.) The indentures of apprenticeship and agreements shall be in such form, and contain such covenants, provisions, stipulations, endorsements and certificates as are prescribed by Order in Council made on the recommendation of the Board of Trade, and any directions given in the forms so prescribed shall be complied with (b).

(6.) The indentures and agreements shall be executed in triplicate, one of which shall be kept by the master, one by the boy, and one by the superintendent before whom it is made.

(7.) All such indentures and agreements made in conformity with this Part of this Act, shall be exempt from stamp duty.

(a) See s. 695, admissibility of documents.
(b) For forms, see Appendix, p. 646.

396.-(1.) Where an indenture of apprenticeship to the seafishing service, or any agreement with a sea-fishing boy, has been made before a superintendent at a port, the superintendent for the time being at that port may, by proper legal proceeding [1883, ss. 9, taken in his own name, enforce on behalf of the apprentice or boy 10.] against the master any stipulations in that indenture or agree

indentures or agreements.

Powers of superintendent under

indenture or

ment.

(2.) Where an apprentice or boy is taken to sea from any port under an indenture or agreement which is void, the superintendent at that port, or if there is none the superintendent at the nearest port, may, by proper legal proceedings taken in his own name enforce, to such extent as he thinks just, on behalf of the apprentice or boy against the master any stipulation in the void indenture or agreement which is in favour of the apprentice or boy.

(3.) Any sums recovered by a superintendent under this section may, so far as necessary, be applied by him in payment of the costs of recovering the same.

397. Where an indenture of apprenticeship to the sea-fishing service, or an agreement with a sea-fishing boy, is made before a superintendent at any port, the superintendent for the time being at that port shall have, and when necessary shall execute, [1883, s. 10.] all the powers given to the superintendent by the indenture or agreement.

agreement.

Prohibition on taking money for apprenticeships and

boys' agree.
ments.
[1883, s. 7.]

398. If any person

(a.) receives any money or valuable consideration from the person to whom an apprentice in the sea-fishing service is bound, or to whom a sea-fishing boy is bound by any agreement, or from anyone on that person's behalf, or from the apprentice or boy or

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