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Pt. II.

The Orders in Council now in force under this provision aro as follows:— 103—104.

9th May, 1891, as to Canada, Malta, Victoria, New Zealand, New South Wales, —

South Australia, Tasmania, Bengal, Newfoundland (masters and mates only),
Bombay, Queensland, Hong Kong, the Straits Settlements, and Mauritius
(masters and mates only): 23rd Nov., 1893, as to Victoria; and an Order in
Council of 22nd Oct., 1900, amending the Orders above mentioned: see
Appendix, p. 560.

As to the saving of Orders in Council made beforo 1894, see s. 745.

103.—(1.) The master of a foreign-going ship— Production

v / & 6 6 ± of certificates

(a.) on signing the agreement with the crew before a super- of compe

intendent (a) shall produce to him the certificates of iutendt°n?pcr'
competency which the master, mates, and engineers rlg-4 sa 161
of the ship are by this Act required to hold (b): and 102; 1802,

(b.) in the case of a running agreement (c) shall also, before 8-10]
the second and every subsequent voyage, produce to
the superintendent the certificate of competency of
any mate or engineer then first engaged by him who
is required by this Act to hold a certificate (6).

(2.) The master or owner of every home-trade passenger ship of more than eighty tons burden (d)' shall produce to some superintendent within twenty-one days after the thirtieth of June and the thirty-first of December in every year the certificates of competency which the master, mates, and engineers of the ship are by this Act required to hold.

(3.) Upon the production of the certificates of competency, the superintendent shall, if the certificates are such as the master, mates, and engineers of the ship ought to hold, give to the master a certificate to the effect that the proper certificates of competency have been so produced.

(4.) The master shall, before proceeding to sea, produce the superintendent's certificate to the chief officer of customs, and the ship may be detained (e) until the certificate is produced.

(a) See ss. 114, sub-s. (1), and 115, for provisions as to agreements with crew. (4) See s. 92 as to certificates of competency.

(c) See s. 115 (5) as to running agreements.

(d) See The Brunei, 09 L. J. P. 8 ; [1900] P. 24; and s. 3, note («), ante.

(el As to enforcing detention, see s. 692.

The provisions of M. S. A. 1864, ss. 161, 162, and (as to engineers) M. S. A. 1862,s. 10, were reproduced by this section in combination with ss. 116, 118, 119.

104. If any person— Forgery, &o.

"* or certificate

(a.) forges or fraudulently alters, or assists in forging or of comfraudulently altering, or procures to be forged or Petcncyfraudulently altered, any certificate of competency, ^tV icn' or an official copy of any such certificate; or

(b.) makes, assists in making, or procures to be made, any false representation for the purpose of procuring either for himself or for any other person a certificate of competency; or

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(e.) fraudulently uses a certificate or copy of a certificate of competency which has heen forged, altered, cancelled or suspended, or to which he is not entitled; or

(d.) fraudulently lends his certificate of competency or allows it to he used hy any other person,

that person shall
misdemeanor.

in respect of each offence be guilty of a

As to punishment of misdemeanors, see s. 680.

Apprenticeship to the Sea Service.

Apprentices duly indentured and registered are not included in the term "seamen" (see s. 742) except for the purpose of the repatriation provisions of M. S. A. 1906, Part IV.

Assistance
given by
superinten-
dents as to
apprentice-
ship.

[1854, s. 141;
and see 34 &
35 Vict. o. 70,
s. 2; 35 & 36
Vict. o. 69,
s. 2.]

105. All superintendents shall give to persons desirous of apprenticing hoys to or requiring apprentices for the sea service, such assistance as may he in their power, and may receive from those persons such fees as the Board of Trade fix, with the concurrence, so far as relates to pauper apprentices in England, of the Local Government Board, and so far as relates to pauper apprentices in Ireland, of the Local Government Board for Leland.

For corresponding provisions as to Fishing Boats, see ss. 392—398.

Apprentice ships of

106. Subject to the special provisions of this Act, apprenticeships to the sea service made by a board of guardians or persons Great Britain having the authority of a board of guardians (a) shall, if made and Ireland, in Great Britain, be made in the same manner (b) and be subject [1854, s. 144; to the same laws (c) and regulations as other apprenticeships 36 Vict. c. 69 ma(^e by such boards or persons; and if made in- Ireland, be s. 2.] subject to the following regulations:

(a.) The board of guardians or other persons in any poor law union may put out and bind as apprentice to the sea service any boy who, or whose parent, is receiving relief in the union, and who has attained the age of twelve years, and is of sufficient health and strength, and consents to be bound:

(b.) If the cost of relieving the boy is chargeable to an electoral division of a poor law union, then (except where paid officers act in place of guardians) he shall not be so bound unless the consent in writing of the guardians of that division, or of a majority of them, if more than one, is first obtained, and that consent shall, if possible, be endorsed on the indenture:

(c.) The expenses incurred in the binding and outfit of any such apprentice shall be charged to the poor law union

Pt. II.

or electoral division, as the case may be, to which the 107—108.
boy or his parent is chargeable at the time of his being
apprenticed:

(d.) All indentures made in a poor law union may be sued on
by the board of guardians of the union, or persons
having the authority of such board, by their name of
office (rf); and actions so brought shall not abate by
reason of any death or change in the persons holding
office, but such an action shall not be commenced
without the consent of the Local Government Board
for Ireland:

(e.) The amount of the costs incurred in any such action, and not recovered from the defendant, may be charged as the expenses incurred in binding out the apprentice.

(a) "Board of guardians" defined in Interpretation Act, 1889, s. 16, post, p. 419. "Or persons having, &c." These words were new, and apparently added in order to inclnde the Scotch poor law authorities; they are not necessary with regard to England or Ireland, being covered by the Interpretation Act, 1889, s. 16.

(b) As to authorised forms of such indentures, see Appendix, p. 574.

(e) See 43 Eliz. c. 2; 51 Geo. 3, c. 80; 54 Geo. 3, c. 107; 56 Geo. 3, c. 139; 3 & 4 Will. 4, c. 63; 7 & 8 Vict. c. 101; 14 & 15 Vict. c. 11; 38 & 39 Vict, e. 86, s. 6; 43 & 44 Vict. c. 16, s. 11.

(d) An apprentice is entitled to sue in the Court of Admiralty the proceeds of the ship he has served in for wages due under a general apprenticeship to the owner, but not for the penalty contained in the indenture for breach of the agreement. The Albert Crosby (1860), Lush. 44.

107. Every indenture of apprenticeship to the sea service Attestation made in the United Kingdom by a board of guardians, or °f PauPer persons having the authority of a board of guardians, shall be ship, executed by the boy and the person to whom he is bound in the [1854, s. 142.] presenoe of and shall be attested by two justices of the peace («),

and those justices shall ascertain that the boy has consented to be bound and has attained the age of twelve years and is of sufficient health and strength, and that the person to whom the boy is bound is a proper person for the purpose (b).

(a) R. v. Totness (1849), 18 L. J. M. C. 46; 11 Q. B. 80; S. v. Haimtall Sidware (1789), 3 T. R. 380, as to jurisdiction and necessity of justices acting jointly.

(4) As to the power of the Court to rescind a contract of apprenticeship or any contract between an owner or master and an apprentice, see s. 168.

108. —(1.) Every indenture of apprenticeship to the sea ser- Special provice shall be exeouted in duplicate and shall be exempt from vi9'0118 a8 to stamp duty. SfptottS"

(2.) Every indenture of apprenticeship to the sea service, sea service, made in the United Kingdom, and every assignment or cancel- [1854, s. 143.] lation thereof, and, where the apprentice bound dies or deserts, the fact of the death or desertion shall be recorded.

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(3.) For the purpose of the record—

(a.) a person to whom an apprentice to the sea service is hound shall within seven days of the execution of the indenture take or transmit to the Registrar General of Shipping and Seamen, or to a superintendent, the indenture executed in duplicate, and the Registrar General or superintendent shall keep and record the one indenture and endorse on the other the fact that it has heen recorded and re-deliver it to the master of the apprentice;

(h.) the master shall notify any assignment or cancellation of the indenture, or the death or desertion of the apprentice, to the Registrar General of Shipping and Seamen, or to a superintendent, within seven days of the occurrence, if it occurs within the United Kingdom; or, as soon as circumstances permit, if it occurs elsewhere.

(4.) If any person fails to comply with any requirement of this section, he shall for each offence he liable to a fine not exceeding ten pounds.

For authorised forms of indenture, see Appendix, p. 574.

109.—(1.) The master of a foreign-going ship shall, before carrying an apprentice to sea from a port in the United Kingdom, cause the apprentice to appear before the superintendent before whom the crew are engaged, and shall produce to the superintendent the indenture by which the apprentice is bound, and every assignment thereof (a).

(2.) The name of the apprentice, with the date of the indenture and of the assignments thereof, if any, and the names of the ports at which the same have been registered, shall be entered on the agreement with the crew.

(3.) If the master fails without reasonable cause to comply with any requirement of this section he shall for each offence be liable to a fine not exceeding five pounds.

(a) As to the production of these documents at foreign and colonial ports, see s. 257.

Licences (o supply Seamen.

Licence for HO* The Board of Trade may grant to such persons as the

supply of Board think fit licences to engage or supply seamen (a) or seamen. apprentices for merchant ships in the United Kingdom, and any

[1854, s. 146.] gygjj iicence shall continue for such period, and may be granted

and revoked on such terms and conditions as the Board think

proper.

(a) "Seamen " defined, n. 742.

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111.— (1.) A person shall not engage or supply a seaman or 111—112. apprentice to be entered on board any ship (a) in the United penalt for Kingdom, unless that person either holds a licence (b) from the engaging Board of Trade for the purpose, or is the owner (c) or master or seamen withmate of the ship, or is bond fide the servant and in the constant °ut Ucenceemployment of the owner, or is a superintendent. 1

(2.) A person shall not employ for the purpose of engaging or supplying a seaman or apprentice to be entered on board any ship in the United Kingdom any person, unless that person either holds a licence from the Board of Trade for the purpose, or is the owner or master or mate of the ship, or is bona fide the servant and in the constant employment of the owner, or is a superintendent.

(3.) A person shall not receive or accept to be entered on board any ship any seaman or apprentice, if that person knows that the seaman or apprentice has been engaged or supplied in contravention of this section.

(4.) If a person acts in contravention of this section he shall for each seaman or apprentice in respect of whom an offence is committed, be liable to a fine not exceeding twenty pounds (d), and, if a licensed person, shall forfeit his licence.

(a) "Amy ship" includes a foreign ship. Reg. v. Stewart, 08 L. J. Q. B. 582; [1899] 1 Q. B. 964; Hart v. Alexander (1898), 30 So. L. Bep. 6; 1 F. Court of

(J) The onus of proving the possession of a licence lies upon the defendant. R. v. Johnston (1886), 55 L. T. 265; 6 Asp. M. L. C. 14. Introducing seamen to the master and dealing with their advance notes was held sufficient in Nelson v. Riehardscn (1881), 48 J. P. 457, to convict a boarding-houso keeper for an offence against that section.

(e) A person having a contract enforceable in equity for the purchase of a share in a ship was held to be an "owner" within this exception, though tho share had not been transferred to him by bill of sale, and he had not been registered as owner. Hughes v. Sutherland (1881), 50 L. J. Q. B. 567 ; 7 Q. B. D. 160.

(rf) Notwithstanding s. 681, sub-s. (2) (recovery as civil debts), this fine may, under s. 6S0, sub-s. (1) (b), bo recovered summarily under tho Summary Jurisdiction Acts, and imprisonment may be awarded in default of payment or sufficient distress. Reg. v. Stewart, supra.

112.—(1.) A person shall not demand or receive directly or Penalty for indirectly from a seaman or apprentice to the sea service, or from receiving a person seeking employment as a seaman or apprentice to the fro^seamei sea service, or from a person on his behalf, any remuneration for engagewhatever for providing him with employment other than any ment. fees authorised by this Act (a).' [1854> Hf

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

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(a) No fees are now charged, and apparently none are specifically authorised by the Act. But see s. 713, and of. s. 250.

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