In cases of mutiny we have already seen that the master Mutiny. possesses a summary authority over the offenders, and that he may resort to force even although the mutiny be only threatened (). ENACTMENTS DISCIPLINE. Numerous statutory provisions have been made for the STATUTORY punishment of the acts of misconduct of which the seamen may FOR THE PREbe guilty. The earlier statutes relating to this subject were SERVATION OF repealed by the Merchant Shipping Act Repeal Act, 1854, and the principal act which is now in force is the Merchant Shipping Act, 1854 (1). This statute contains the following provisions (m). By sect. 239, any master of or any seaman or apprentice Breach or neglect of belonging to any British ship who by wilful breach of duty or duty. by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction or serious damage of the ship, or tending immediately to endanger the life or limb of any person belonging to or on board of the ship, or who by wilful breach of duty or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board of the ship from immediate danger to life or limb, is guilty of a misdemeanor (n). By sect. 243 of this act, as amended by sects. 10 and 12 of the Merchant Seamen Act, 1880, whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offences, he is liable to be punished summarily as follows (0) : (1.) For desertion he is liable to forfeit all or part of the Desertion and clothes and effects he leaves on board, and all or any part of the wages or emoluments which he has then (k) See supra, pp. 126, 127. (See the M. S. Act, 1854, ss. 239 -259, and the earlier statutes, now repealed-the 7 & 8 Vict. c. 112, and the 13 & 14 Vict. c. 93. (m) The sections of the M. S. Act relating to discipline apply only to British ships. Leary v. Lloyd, 3 E. & E. 178. But see the M. S. Act, 1876, s. 37. (n) To sustain an indictment under this section, it is not necessary to prove any actual loss, destruction, or damage. Rex v. Gardner, 1 F. & F. 669. (0) 43 & 44 Vict. c. 16, ss. 10, 12 (Appendix, pp. ccclxxe, ccclxxh). In addition to the list of punishments mentioned in the text, the Board of Trade has sanctioned and published in pursuance of this act, a list of minor acts of misconduct and breaches of discipline, to which a loss of pay is attached. See Appendix, "Forms," Nos. 24, 25. If this list is adopted in the agreement it becomes obligatory. other offences. earned. If the desertion takes place abroad, he is also liable, at the discretion of the Court (o), to forfeit all or any part of the wages or emoluments he may earn in any other ship in which he may be employed until his next return to the United Kingdom, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him: (2.) For neglecting or refusing, without reasonable cause, to join his ship, or to proceed to sea in his ship, or for absence without leave at any time within twenty-four hours of the ship sailing from any port, either at the commencement or during the progress of any voyage, or for absence at any time without leave and without sufficient reason from his ship, or from his duty, not amounting to desertion or not treated as such by the master, he is liable to forfeit out of his wages a sum not exceeding the amount of two days' pay, and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute: (3.) For quitting the ship without leave after her arrival at her port of delivery and before she is placed in security, he is liable to forfeit out of his wages a sum not exceeding one month's pay: (4.) For wilful disobedience to any lawful command he is liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding two days' pay: (5.) For continued wilful disobedience to lawful commands, or continued wilful neglect of duty, he is liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit for every twenty-four hours' continuance of such disobedience or neglect either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute: (0) See infra, pp. 188-191. (6.) For assaulting any master or mate he is liable to im- (7.) For combining with any other or others of the crew to (9.) For any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or offences in official log. Upon the commission of any of the offences which have been Entry of just mentioned, it is also provided by sect. 244 of the Merchant Shipping Act, 1854, that an entry must be made in the official log-book (4) and signed by the master and also by the mate or one of the crew; and the offender, if still in the ship, must, before the next subsequent arrival of the ship at any port, or if she is at the time in port, before her departure therefrom, either be furnished with a copy of the entry or have the same read over distinctly and audibly to him, and he may thereupon make any reply thereto which he thinks fit; and a statement that a copy of the entry has been so furnished or read over, and the reply made by the offender, must likewise be entered and signed in the manner mentioned above; and in any subsequent legal proceeding these entries must, if practicable, be produced or proved, and in default of their production or proof, the Court hearing the case may, at its discretion, refuse to receive evidence of the offence. (p) See 24 & 25 Vict. c. 97, ss. 42— 47, 49 and 72; 24 & 25 Vict. c. 100, ss. 13, 30. (2) See Appendix, "Forms," No. 43. Conveyance on board of deserters, &c. By sect. 10 of the Merchant Seamen Act, 1880, it is provided that whenever, either at the commencement or during the progress of a voyage, any seaman or apprentice neglects or refuses to join, or deserts from, or refuses to proceed to sea in any ship in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master or any mate, or the owner, ship's husband or consignee may, with or without the assistance of the local police officers or constables, who are bound to give the same, if required, convey him on board; if, however, the seaman or apprentice so requires, he must first be taken before some Court capable of taking cognizance of the matters to be dealt with according to law; and if it appears to the Court before which the case is brought that the seaman or apprentice has been conveyed on board, or taken before the Court, on improper or on insufficient grounds, the master, mate, owner (q), ship's husband or consignee, is liable to a penalty not exceeding twenty pounds; but the infliction of this penalty is a bar to any action for false imprisonment (1). By sect. 247 of the Merchant Shipping Act, 1854, as amended by the 10th and 12th sects. of the Merchant Seamen Act, 1880, whenever any seaman or apprentice is brought before any Court on the ground of his having neglected or refused to join or proceed to sea in any ship in which he is engaged to serve, or, of having deserted, or otherwise absented himself therefrom without leave, the Court may, if the master, or the owner or his agent requires it, cause the seaman or apprentice to be conveyed on board, for the purpose of proceeding on the voyage, or may deliver him to the master, or any mate of the ship, or the owner or his agent, to be by them so conveyed, and it may, in such case, order any costs and expenses properly incurred by or on behalf of the master or owner, by reason of the offence, to be paid by the offender, and, if necessary, to be deducted from any wages which he has then earned, or which, by virtue of his then existing engagement, he may afterwards earn. By sect. 10 of the Merchant Seamen Act, 1880, it is provided, that if a seaman or apprentice intends to absent himself from (1) An owner is not responsible for the misuse by his master of the power conferred by this section. O'Neil v. Rankin, 11 Sess. Cases (3rd series), 538. (r) See Appendix, p. ccclxxe. This section is substituted for the M. S. Act, 1854, s. 246. See 43 & 44 Vict. c. 16, s. 12. Arrangements with respect to apprehending seamen deserting abroad have been made between the Queen and the governments of most foreign powers. See "Orders in Council," Appendix, pp. 29, 30; Supplementary Appendix, p. 171. his ship or his duty, he may give notice of his intention, either to the owner or to the master of the ship, not less than fortyeight hours before the time at which he ought to be on board his ship; and, in the event of such notice being given, the Court shall not exercise any of the powers conferred on it by such of the provisions of sect. 247 of the Merchant Shipping Act, 1854, as have been referred to above. rescind con vice. Sect. 8 of the Merchant Seamen Act, 1880, provides that Power of where any proceeding is instituted before any Court in relation Court to to any dispute between an owner or master of a ship and a tract of serseaman or apprentice, arising out of or incidental to their relation as such, or instituted for the purpose, the Court, in its discretion, may rescind any contract between the owner or master and the seaman or apprentice, or any contract of apprenticeship, upon such terms as the Court may think just (8): desertion Sect. 249 of the Merchant Shipping Act, 1854, provides Certificate of that in all cases of desertion from a ship in a place abroad, abroad. the master must produce the entry of the desertion in the official log-book to the persons required to indorse on the agreement a certificate of the desertion; and these persons must thereupon make and certify a copy of the entry, and also a copy of the certificate of desertion; and if the person is a public functionary, he, and in other cases the master, must forthwith transmit these copies to the Registrar-General of Shipping and Seamen in England; and the registrar must, if required, cause them to be produced in any legal proceeding; and the copies, if purporting to be so made and certified, and certified to have come from the custody of the registrar, are evidence of the entries therein in any legal proceedings relating to the desertion (t). serter. The Merchant Shipping Act, 1854, also provides by sect. 257, Penalty for persuading to that any person who persuades or attempts to persuade any desert or harseaman or apprentice to neglect or refuse to join or proceed to bouring desea in or to desert from his ship, or otherwise to absent himself from duty, shall be liable to a penalty not exceeding ten pounds; and every person who wilfully harbours or secretes any seaman (8) Section 11 of this act provides that the Employers and Workmen's Act, 1875, shall apply to seamen and apprentices to the sea service. (See Appendix, p. ccclxxe.) (t) See supra, p. 140. And see the M. S. Act, 1854, s. 279, sub-s. 2, which provides that the indorsement customs. |