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anyone on the apprentice or boy's behalf, in con-
sideration of the apprentice or boy being so bound;
or

(b.) makes or causes any such payment to be made;
that person shall in respect of each offence be guilty of a mis-
demeanor, whether the apprentice or boy was or was not validly
bound.

As to punishment of misdemeanors, see s. 680.

(m.) Provisions Applying To Trawlers.

The following sections shall apply only to fishing boats being trawlers, and save as otherwise provided only to fishing boats being trawlers of twenty-five tons tonnage and upwards.

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

Engagement of Seamen.

399. —(1.) The skipper of every fishing boat being a trawler Agreements of twenty-five tons tonnage or upwards shall enter into an with crew, agreement (in this Part of this Act called a fishing boat's agree- ?' 8' ment), in accordance with this Part of this Act, with every' seaman whom he carries to sea as one of his crew from any port

in England or Ireland, and shall not carry to sea any seaman with whom no such agreement has been entered into (a).

(2.) If a skipper acts in contravention of this section, he shall for each offence be liable to a fine not exoeeding five pounds.

(3.) This section shall not apply in the case of a sea-fishing boy (b).

(a) Cf. s. 113, and notes thereto; a similar provision under Part II. (4) See s. 393, definition of sea-fishing boy.

400. —(1.) A fishing boat's agreement shall be in a form (a) approved by the Board of Trade, and be dated at the time of the first signature thereof, and be signed by the skipper before a seaman signs it.

(2.) A fishing boat's agreement shall contain as terms thereof—

(a.) the nature and, as far as practicable, the duration of the

intended voyage or engagement: (b.) the number and description of the crew: (c.) the time at which each seaman is to be on board or to

begin work:

(d.) the capacity in which each seaman is to serve:
(e.) the remuneration which each seaman is to receive, whether
in wages or by share in the catch, or in both ways, and
the time from which each seaman's remuneration is to
commence:

Pt. IV. 399-400.

Form, period, and condition of agreement. [1883, s. 13.]

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401—402. (f.) a scale of the provisions to be furnished to each seaman:

~"— (g.) any regulations as to conduct on board, and as to fines,

short allowance of provisions, or other lawful punishment for misconduct, which the Board of Trade have approved as proper and the parties agree to adopt.

(3.) The fishing boat's agreement shall be so framed as to admit of stipulations, to be adopted at the will of the skipper and seaman in each case, as to advance and allotment of wages, and may contain any other stipulations that are not contrary to law.

Cf. s. 114, and notes thereto, as to agreements with crew, (a) As to forms, see s. 720. Such forms are kept at all Mercantile Marine offices.

Mode of entering into agreements. [1883, s. 14.]

401.—(1.) A fishing boat's agreement shall be signed by each seaman, and the skipper shall cause the agreement to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature.

(2.) "When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be sent by the skipper to the superintendent at the port of departure and retained by him, and the other part shall be retained by the skipper, and shall contain a special place for the descriptions and signatures of substitutes, or persons engaged subsequently to the first departure of the fishing boat.

(3.) Where a substitute is engaged in the place of a seaman who has signed the agreement, and whose services are lost by death, desertion, failure to join, or other unforeseen cause, the skipper shall, before the fishing boat puts to sea, if practicable, and if not as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of the skipper, who shall attest the signature.

As to proof of attested documents without calling attesting witnesses, see s. 694.

Agreements
by owner or
registered
owner for
service in
two or more
fishing boats.
[1883, s. 15.]

402.—(1.) Fishing boats' agreements may be made by the owner (or if there are several owners the registered managing owner (a)) instead of by the skipper; and the provisions of this Part of this Act with respect to fishing boats' agreements shall apply as if the owner were skipper.

(2.) Fishing boats' agreements may be made for service either in a particular boat or in two or more boats belonging to the same owner, provided that in the latter case the names of the boats and the length and nature of the service, and the rates, periods and method of payment are specified in the agreement.

(a) See s. 69, as to registration of managing owner.

Pt. IV.

403.—(1.) Fishing boats' agreements may, if the voyages of 403—405. the boat average less than six months in duration, he made to =rr., extend over two or more voyages or any number of weeks, and running agreements so made are in this Part of this Act referred to as agreements. fishing boats' running agreements. [1883, s. 16.]

(2.) Fishing boats' running agreements shall not extend beyond the next following thirtieth day of June or thirty-first day of December, or the first arrival of the boat at her port of destination in the United Kingdom after that date, or the discharge of cargo consequent on that arrival.

As to form of agreement, see a. 400, sub-s. (1).

404.—(1.) Where a fishing boat's running agreement has Endorsement been made for any boat, the skipper shall on every return (a) to of eDsagea port in the United Kingdom before the final termination of disoharge on the agreement make and sign an endorsement on the agreement running stating either that no engagements or discharges of seamen have agreementsbeen made or are intended to be made before the boat leaves Ll883>s- 17.] port, or that all those made have been made as required by law.

(2.) If a skipper knowingly makes a false statement in any such endorsement, he shall for each offence be liable to a fine not exceeding five pounds.

(a) As to meaning of " return," of. s. 370.

405.—(1.) The owners of a fishing boat, being a trawler of Report of twenty-five tons tonnage or upwards, shall, within forty-eight 0Tewhours of her departure from port on any voyage, send or cause £l08y3-' t8- 19' to be sent to the superintendent at the port a true report, signed gggg. 2, 0. 4 by an owner or the registered managing owner, in a form ap- s. 3.] proved by the Board of Trade, stating the names of the skipper, seamen, and apprentices who have gone to sea in her, and such other particulars as the Board require.

(2.) Where the sole or the registered managing owner or every owner of such a fishing boat goes to sea in her on the voyage, or the voyage commences at a port where there is no owner or registered managing owner, the report may be made and signed on his behalf by his agent for that purpose.

(!5.) If any requirement of this section is not complied with in the case of any boat, each owner of the boat and the registered managing owner (if any) of the boat shall for each offence be liable to a fine not exceeding five pounds.

(4.) The Board of Trade may in any case they think fit, and subject to such conditions and requirements as in their opinion may be necessary, exempt owners of boats from this section (a).

(a) It seems that owners are no longer required to furnish these reports, but in the case of running agreements are required to report once a month.

Pt. IV. 406-409.

Statement of change of crew in case of running agreements. [1883, 8. 21; 50 Vict.

S6SS. 2, 0. 4, 8. 3.]

Alterations, &c. in agreements to be attested. [1883, s. 22.]

406.—(1.) Where a fishing hoat's running agreement has been made, the skipper shall, before finally leaving any port for sea during the continuance of the agreement, sign and send to the nearest superintendent an accurate statement, in a form approved by the Board of Trade, of every change which has taken place in his crew, and that statement shall be admissible in evidence in manner provided by this Act.

(2.) If a skipper fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding five pounds.

(3.) The Board of Trade may in any case they think fit, and subject to such conditions and requirements as in their opinion may be necessary, exempt skippers of boats from this section (a).

(a) It seems that skippers are no longer required to make these statements, but in the case of running agreements are required to report once a month.

407. Every erasure, interlineation, or alteration in a fishing boat's agreement (except additions so made as herein-before directed for shipping substitutes or persons engaged subsequently to the first departure of the fishing boat) shall be wholly inoperative unless proved to have been made with the consent of all the persons interested in that erasure, interlineation, or alteration.

Cf. The Saltburn (1894), 7 Asp.M.L. C. 474, where the column in the agreement, stating the proportion of salvage to which each member of the crew should be entitled, was not filled in at the time but after the crew signed, and the agreement in that respect was held void.

Offences as to agreements with the crew. [1883, 8. 23.]

408. If a skipper—

(i.) fraudulently alters, or makes any false entry in, a fishing boat's agreement, or is privy to any such fraudulent alteration or false entry;

(ii.) delivers, or is privy to the delivery of, a false copy of a fishing boat's agreement;

he shall for each offence be liable to a fine not exceeding twenty pounds.

Account of
wages.
[1883, s. 24;
50 Vict,
sess. 2, o. 4,
..4.]

Payment of Wages and Discharge of Seamen.

409.—(1.) The owner of a fishing boat, being a trawler of twenty-five tons tonnage or upwards, shall deliver to the skipper, and the owner or skipper of such a boat shall deliver to every seaman of that boat, a full and true account, in a form (a) approved by the Board of Trade, of the wages of the skipper or seaman, as the case may be (not being a share in the catch), and of all deductions to be made therefrom on any account whatever, and a deduction from the wages of a skipper or

Pt. IV. seaman shall not be allowed unless it is included in the account 410—413. so delivered, or is in regard of a matter happening after such delivery.

(2.) The skipper may by notice to the owner, and a seaman may by notice to the skipper, dispense with the delivery of such account.

(3.) Except where the account of wages is dispensed with, the account shall be delivered not less than four hours before the paying off or discharge of the skipper or seaman.

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

(a) See B. 720: power of Board of Trade to prescribe forms.

410.—(1.) Upon the discharge of a seaman from a fishing Certificate of boat, being a trawler of twenty-five tons tonnage or upwards, or di8ohargeon the payment of his wages, the skipper shall sign and deliver C1883>8- 26-l to him a certificate of discharge, in a form (a) approved by the Board of Trade, specifying the period of his service, and the time and place of his discharge.

(2.) If a skipper fails to comply with this section, he shall for each offence be liable to a fine not exceeding five pounds.

(a) See s. 720: power of Board of Trade to prescribe forms.

411. If a seaman, having signed a fishing boat's agreement, Compensation is discharged before the commencement of the voyage, or at any ^,p^peer"y time during the voyage or engagement, without fault on Ins discharged, part justifying the discharge and without his consent, he shall [1883, s. 27.] be entitled to recover, in addition to an amount of wages proportionate to the time he has served, sufficient compensation

for the damage caused to him by the discharge, and may recover that compensation as wages duly earned.

The similar provision of M. S. A. 1854, s. 167, was held to apply only to a discharge in breach of the agreement of service. See Tindle v. Davison, cited in note (4) to s. 162.

412. The provisions of this Part of this Act relating to the Provision as discharge of seamen and the payment of wages shall apply *? discharge, whether the seaman is serving under an ordinary agreement, or ^ \^e J^ of under an agreement to serve in two or more fishing boats any sort of belonging to the same owner, or under a fishing boat's running agreement, agreement. {£}"•8S-15'

Certificates of Skippers and Second Hands.

413.—(1.) A fishing boat being a trawler of twenty-five tons Skippers and tonnage or upwards shall not go to sea from any port of England J^y^y?

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