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Pt. II.

Board of Trade (k) with individual seamen to serve in 117–118.
any one or more ships belonging to such owner, and
those agreements need not expire on the thirtieth day
of June or the thirty-first day of December, and a
duplicate of every such agreement shall be forwarded
to the Registrar-General of Shipping and Seamen
within forty-eight hours after it has been entered
into ().

(a) For definition of "home-trade ship," see s. 742.

(b) See s. 113, sub-s. (1).

(c) The absence of any provision similar to this in the case of foreign-going ships (see s. 115) seems to negative the right to make such agreements with regard to them. Under 13 & 14 Vict. c. 93, s. 46, an agreement of this kind in the case of a foreign-going ship was held not illegal; but that statute does not appear to have contained any provisions corresponding to s. 114, sub-s. (2) (a), and s. 116 (1) of this Act. See Frazer v. Hatton (1857), 26 L. J. C. P. 226; 2 C. B. (N. S.) 512.

(d) See note () to s. 114.

(e) See s. 115.

(f) As to penalty for making false statement of name, see s. 227.

(g) As to proof of documents without calling attesting witnesses, see s. 694. (h) Cf. s. 113, sub-s. (1).

(i) See The Brunel, 69 L. J. P. 8; [1900] P. 24; and s. 3, note (a), ante, for meaning of "tons burden."

(k) See s. 720, as to power of Board of Trade to prescribe form. If made in the prescribed form the agreement is under s. 721 (c) exempt from stamp duty.

() As to the disqualification of a seaman for the inhabitant occupier franchise, by reason of an agreement for six months and the provisions now reproduced in 8. 222, see Duffy v. Chambers, and Ferguson v. Black (1889) (Ir.), 26 L. R. Ir. 100; Hassan v. Chambers (1888) (Ir.), 24 ib. 139.

117.-(1.) The master of every foreign-going ship (a) whose Changes in crew has been engaged before a superintendent shall, before crew of foreign-going finally leaving the United Kingdom, sign, and send to the ship to be nearest superintendent, a full and accurate statement (b), in a reported. form approved by the Board of Trade (c), of every change [1854, s. 158.] which takes place in his crew before finally leaving the United Kingdom, and that statement shall be admissible in evidence in manner provided by this Act (d).

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

(a) For special provisions as to crews of emigrant ships, see s. 305.

() As to the subsequent custody and inspection of such documents, see s. 256.

(c) For provisions as to forms, see ss. 720, 722.

(d) See s. 695 and s. 720, sub-s. (4).

(e)" Without reasonable cause." These words were new.

118.-(1.) In the case of a foreign-going ship, on the due Certificate execution of an agreement with the crew in accordance with as to agree

T.

F

ments with

Pt. II.

119-120. this Act, and also, where the agreement is a running agreement, on compliance by the master, before the second and every subcrew of foreign-going sequent voyage made after the first commencement of the ships. agreement, with the provisions of this Act respecting that [1851, s. 161.] agreement, the superintendent shall grant the master of the ship a certificate to that effect.

Certificate

as to agreements with crew of home-trade ships.

[1851, s. 162.]

Copy of

agreement

to be made accessible

to crew.

[1851, s. 166.]

(2.) The master of every foreign-going ship shall, before proceeding to sea, produce to the officer of customs that certificate, and any such ship may be detained (a) until the certificate is produced.

(3.) The master of every foreign-going 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 his agreement with the crew to the superintendent (b), and the superintendent shall give the master a certificate of that delivery; and an officer of customs shall not clear the ship inwards until the certificate of delivery is produced, and if the master fails without reasonable cause so to deliver the agreement with the crew, he shall for each offence be liable to a fine not exceeding five pounds.

(a) As to detention, see s. 692.

(b) As to crews of emigrant ships, see s. 305.. As to the production of the agreement and other documents at foreign and colonial ports, see s. 257.

119. (1.) The master or owner of a home-trade ship of more than eighty tons burden (a) shall within twenty-one days after the thirtieth day of June and the thirty-first day of December in every year deliver or transmit to a superintendent in the United Kingdom every agreement with the crew made for the ship within six months next preceding those days respectively (b).

(2.) The superintendent on receiving the agreement shall give the master or owner of the ship a certificate to that effect, and the ship shall be detained (c) unless the certificate is produced to the proper officer of customs.

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

(a) For meaning of "tons burden," see note (a) to s. 3.

() As to the subsequent custody and inspection of such documents, see s. 256. () As to detention, see s. 692.

120.-(1.) The master shall at the commencement of every voyage or engagement cause a legible copy of the agreement with the crew, (omitting the signatures,) to be posted up in some part of the ship which is accessible to the crew.

(2.) If the master fails without reasonable cause (a) to comply

Pt. II.

with this section, he shall for each offence be liable to a fine not 121-124. exceeding five pounds.

(a) "Without reasonable cause." These words were new.

121. If any person fraudulently alters, makes any false entry Forgery, &c. in, or delivers a false copy of, any agreement with the crew, that of agreements person shall in respect of each offence be guilty of a misde- with crew. meanor, and if any person assists in committing or procures to [1854, s. 164.] be committed any such offence, he shall likewise in respect of each offence be guilty of a misdemeanor.

Cf. s. 227, as to penalty for false statement as to name of last ship. See M. S. A. 1906, s. 65 (2), as to suspension of certificate of discharge, and ibid. 8. 58 (2), as to false statement or representation to claim rating.

As to punishment of misdemeanors, see s. 680.

with crew.

122. Every erasure, interlineation, or alteration in any agree- Alterations in ment with the crew (except additions made for the purpose of agreements shipping substitutes or persons engaged after the first departure of the ship) shall be wholly inoperative, unless proved to have [1854, s. 163.] been made with the consent of all the persons interested in the erasure, interlineation, or alteration, by the written attestation (if in Her Majesty's dominions) of some superintendent, justice, officer of customs, or other public functionary, or elsewhere, of a British consular officer, or where there is no such officer, of two respectable British merchants.

123. In any legal or other proceeding a seaman may bring Seamen not forward evidence to prove the contents of any agreement with to be bound to produce the crew or otherwise to support his case, without producing, or agreement. giving notice to produce the agreement or any copy thereof. [1854, s. 165] As to proof of documents without calling attesting witnesses, see s. 694.

124.-(1.) With respect to the engagement of seamen abroad Engagement the following provisions shall have effect:

of seamen in
colonial and
foreign ports.
[1854, ss. 159,

Where the master of a ship engages a seaman in any British possession other than that in which the ship is registered or at a port in which there is a British consular officer, the provisions 160.] of this Act (a) respecting agreements with the crew made in the United Kingdom shall apply subject to the following modifi

cations:

(a.) in any such British possession the master shall engage the seaman before some officer being either a superintendent or, if there is no such superintendent, an officer of customs;

(b.) at any such port having a British consular officer, the master shall, before carrying the seaman to sea (b), procure the sanction of the consular officer, and shall engage the seaman before that officer;

Pt. II. 125.

Agreements

with lascars.

(c.) the officer shall endorse upon the agreement an attestation to the effect that the agreement has been signed in his presence and otherwise made as required by this Act, and also, if the officer is a British consular officer, that it has his sanction, and if the attestation is not made the burden of proving that the engagement was made as required by this Act shall lie upon the master. (2.) If a master fails to comply with this section he shall be liable for each offence to a fine not exceeding five pounds.

(a) This refers primarily to s. 115, and does not extend the provisions of s. 140, sub-s. (2), invalidating advance notes for more than one month's wages, to cases of seamen engaged abroad. Ritchie v. Larsen, 68 L. J. Q. B. 335; [1899] 1 Q. B. 727; see s. 140, note (e).

(b) See s. 113, note (e).

Agreements with Lascars (a).

125.-(1.) The master or owner of any ship, or his agent, may enter into an agreement (a) with a lascar, or any native of India, [1854, 8. 514; binding him to proceed either as a seaman or as a passenger:—

18 & 19 Vict.

c.91, ss. 23, 24; 4 G. 4, c. 8, ss. 27, 28.]

(a.) to any port in the United Kingdom, and there to enter into a further agreement to serve as a seaman in any ship which may happen to be there, and to be bound to any port in British India; or

(b.) to any port in the Australian Colonies, and there to enter into a further agreement to serve as a seaman in any ship which may happen to be there, and to be bound to the United Kingdom or to any other part of Her Majesty's dominions.

(2.) The original agreement shall be made in such form, and contain such provisions, and be executed in such manner, and contain such conditions for securing the return of the lascar or native to his own country and for other purposes, as the Governor General of India in Council or the Governor in Council of any Indian Presidency in which the agreement is made may direct.

(3.) Where any lascar or native bound by the original agreement is, on arriving in the United Kingdom or one of the said colonies, as the case may be, required to enter into such further agreement as aforesaid, some officer appointed for the purpose in the United Kingdom by a Secretary of State in Council of India, or in any such colony by the Governor of the colony, may, on the payment of such fee not exceeding ten shillings, as a Secretary of State in Council of India or the Governor may direct, certify,

(a.) that the further agreement is a proper agreement in all respects for the lascar or native to make, and is in accordance with the original agreement; and

(b.) that the ship to which the further agreement relates is in all respects a proper ship for the lascar or native to serve in and also where the ship is in one of the said Australian colonies, that it is properly supplied with provisions; and

(c.) that there is not, in his opinion, any objection to the full performance of the original agreement;

and thereupon the lascar or native shall be deemed to be engaged under the further agreement and to be for all purposes one of the crew of the ship to which it relates, and the lascar or native shall, notwithstanding a refusal to enter into the further agreement, be liable to the same consequences, and be dealt with in all respects in the same manner, as if he had voluntarily entered into the same.

(4.) The master of every ship arriving at a port in the United Kingdom, which has or during any part of her voyage has had on board a lascar or any native of India either as one of her crew or otherwise shall exhibit to the officer of customs, or to such person as the Board of Trade may authorise in that behalf, a statement containing a list and description of all lascars or natives of India who are, or have been, so on board, and an account of what has become of any lascar or native of India who at any time during the voyage has been, but is not then, on board, and the ship shall not be cleared inwards until the statement is exhibited, and if the master fails to exhibit such statement he and the owner of the ship shall be liable jointly and severally to a fine not exceeding ten pounds for every lascar or native of India in respect of whom the failure takes place.

Pt. II.

126.

(5.) Nothing in this section shall affect any provisions which 4 G. 4, c. 80. are unrepealed of the Act of the fourth year of the reign of King George the Fourth, chapter eighty, intituled, "An Act to consolidate and amend the several laws now in force with respect to trade within the limits of the charter of the East India Company, and to make further provision with respect to such trade" (b).

(a) Lascars are not required to understand English. See M. S. A. 1906, s. 12. For provisions for the relief, &c. of destitute lascars, see s. 185.

(b) See 4 Geo. 4, c. 80 (The Lascars Act, 1823), ss. 25, 26, &c.

Rating of Seamen.

c. 16, s. 7.]

126.-(1.) A seaman shall not be entitled to the rating (a) of Rating of A.B., that is to say, of an able-bodied seaman, unless he has seamen. served at sea for three years before the mast, but the employment [43 & 44 Vict. of fishermen in decked fishing vessels registered under the First Part of this Act shall only count as sea service up to the period of two years of that employment; and the rating of A.B. shall only be granted after at least one year's sea service in a trading

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