forfeitures.

CCLIII. All clothes, effects, wages, and emoluments which under Application of the provisions herein-before contained are forfeited for desertion shall be applied, in the first instance, in or towards the reimbursement of the expenses occasioned by such desertion to the master or owner of the ship from which the desertion has taken place; and may, if earned subsequently to the desertion, be recovered by such master, or by the owner or his agent, in the same manner as the deserter might have recovered the same if they had not been forfeited; and in any legal proceeding relating to such wages the Court may order the same to be paid accordingly; and subject to such reimbursement the same shall be paid into the receipt of her Majesty's exchequer in such manner as the treasury may direct, and shall be carried to and form part of the consolidated fund of the United Kingdom; and in all other cases of forfeiture of wages under the provisions herein-before contained the forfeiture shall, in the absence of any specific directions to the contrary, be for the benefit of the master or owner by whom the wages are payable.

decided in suits

statement as to last ship or name.

ducted from wages, and paid to shipping master.

CCLIV. Any question concerning the forfeiture of or deductions Questions of forfrom the wages of any seaman or apprentice may be determined in feitures may be any proceeding lawfully instituted with respect to such wages, not- for wages. withstanding that the offence in respect of which such question arises, though hereby made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding. CCLV. If any seaman on or before being engaged wilfully and Penalty for false fraudulently makes a false statement of the name of his last ship or last alleged ship, or wilfully and fraudulently makes a false statement of his own name, he shall incur a penalty not exceeding five pounds; and such penalty may be deducted from any wages he may earn by virtue of such engagement as aforesaid, and shall, subject to reimbursement of the loss and expenses (if any) occasioned by any previous desertion, be paid and applied in the same manner as other penalties payable under this act. CCLVI. Whenever any seaman commits an act of misconduct Fines to be defor which his agreement imposes a fine, and which it is intended to punish by enforcing such fine, an entry thereof shall be made in the official log-book, and a copy of such entry shall be furnished or the same shall be read over to the offender, and an entry of such reading over, and of the reply (if any) made by the offender, shall be made, in the manner and subject to the conditions hereinbefore specified with respect to the offences against discipline specified in and punishable under this act; and such fine shall be deducted and paid over as follows; (that is to say,) if the offender is discharged in the United Kingdom, and the offence and such entries in respect thereof as aforesaid are proved, in the case of a foreigngoing ship to the satisfaction of the shipping master before whom the offender is discharged, and in the case of a home-trade ship to the satisfaction of the shipping master at or nearest to the place at which the crew is discharged, the master or owner shall deduct such fine from the wages of the offender, and pay the same over to such shipping master; and if before the final discharge of the crew in the United Kingdom any such offender as aforesaid enters into any of her Majesty's ships, or is discharged abroad, and the offence and such entries as aforesaid are proved to the satisfaction of the officer in command of the ship into which he so enters, or of the consular officer, officer of customs, or other person by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log-book (if any) and signed by such officer or other person; and on the return of the ship to the United Kingdom the master or owner shall pay over such fine, in the case of foreign-going ships to the shipping master before whom the crew is discharged, and in the case of hometrade ships to the shipping master at or nearest to the place at which

Penalty for enticing to desert, deserters.

the crew is discharged; and if any master or owner neglects or refuses to pay over any such fine in manner aforesaid, he shall for each such offence incur a penalty not exceeding six times the amount of the fine retained by him: provided that no act of misconduct for which any such fine as aforesaid has been inflicted and paid shall be otherwise punished under the provisions of this act.

CCLVII. Every person who, by any means whatever, persuades or and harbouring attempts to persuade any seaman or apprentice to neglect or refuse to join or to proceed to sea in or to desert from his ship, or otherwise to absent himself from his duty, shall, for each such offence in respect of each such seaman or apprentice, incur a penalty not exceeding ten pounds; and every person who wilfully harbours or secretes any seaman or apprentice who has deserted from his ship, or who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe such seaman or apprentice to have so done, shall, for every such seaman or apprentice so harboured or secreted, incur a penalty not exceeding twenty pounds.

Penalty for obtaining passage

CCLVIII. Any person who secretes himself and goes to sea in any surreptitiously. ship without the consent of either the owner, consignee, or master, or of a mate, or of any person in charge of such ship, or of any other person entitled to give such consent, shall incur a penalty not exceeding twenty pounds, or be liable to imprisonment, with or without hard labour, for any period not exceeding four weeks.

On change of masters, documents hereby required to be

handed over to successor.

Naval Courts.

CCLIX. If, during the progress of a voyage, the master is superseded, or for any other reason quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the various documents relating to the navigation of the ship and to the crew thereof which are in his custody, and shall, in default, incur a penalty not exceeding one hundred pounds; and such successor shall, immediately on assuming the command of the ship, enter in the official log a list of the documents so delivered to him.

Naval Courts on the High Seas and Abroad.

Naval courts may be summoned for CCLX. Any officer in command of any ship of her Majesty on hearing com- any foreign station, or, in the absence of such officer, any consular plaints, and inofficer, may summon a court, to be termed a "Naval Court," in the vestigating wrecks on the high seas following cases; (that is to say,)

or abroad.

Constitution of such courts.

(1.) Whenever a complaint which appears to such officer to require
immediate investigation is made to him by the master of any
British ship, or by any certificated mate, or by one or more of
the seamen belonging to any such ship:

(2.) Whenever the interest of the owner of any British ship or
of the cargo of any such ship appears to such officer to
require it:
(3.) Whenever any British ship is wrecked or abandoned, or other-
wise lost at or near the place where such officer may be, or
whenever the crew or part of the crew of any British ship
which has been wrecked, abandoned, or lost abroad, arrives at
such place.

CCLXI. Every such naval court as aforesaid shall consist of not more than five and not less than three members, of whom, if possible, one shall be an officer in the naval service of her Majesty, not below the rank of lieutenant, one a consular officer, and one a master of a British merchant ship, and the rest shall be either officers in the naval service of her Majesty, masters of British merchant ships, or British merchants; and such court may include the naval or consular officer summoning the same, but shall not include the master or consignee of the ship to which the parties complaining or complained against may belong; and the naval or consular officer in such court, if there is only one such officer in the court, or, if there is more than one, the naval or consular officer who, according to any regulations for settling

their respective ranks for the time being in force, is of the highest rank, shall be the president of such court.

of such courts.

CCLXII. Every such naval court shall hear and investigate the General functions complaint brought before it, or the cause of the wreck or abandon- and mode of action ment (as the case may be), and may for that purpose summon and compel the attendance of parties and witnesses, and administer oaths, and order the production of documents, and shall conduct the investigation in such manner as to give any person against whom any charge is made an opportunity of making a defence.

CCLXIII. Every such naval court may, after hearing the case, Powers of such exercise the following powers; (that is to say,)

courts:

(1.) It may, if unanimous that the safety of the ship or crew, or To supersede the the interest of the owner, absolutely requires it, supersede the master: master, and may appoint another person to act in his stead;

but no such appointment shall be made without the consent of
the consignee of the ship, if then at the place:

To discharge a

seaman :

(2.) It may discharge any seaman from his ship: (3.) It may order the wages of any seaman so discharged or any To forfeit wages: part of such wages to be forfeited, and may direct the same either to be retained by way of compensation to the owner, or to be paid into the receipt of her Majesty's exchequer, in the same manner as other penalties and forfeitures under this act:

(4.) It may decide any questions as to wages, or fines, or for- To decide disfeitures, arising between any of the parties to the proceedings: putes as to wages, (5.) It may direct that all or any of the costs incurred by the To direct costs of master or owner of any ship in procuring the imprisonment of imprisonment to any seaman or apprentice in a foreign port, or in his main- be paid out of tenance whilst so imprisoned, shall be paid out of and deducted from the wages of such seaman or apprentice whether then or subsequently earned:

wages:

offenders for

of costs, &c.

(6.) It may exercise the same powers with regard to persons charged To send home before it with the commission of offences at sea or abroad, as are by this act given to British consular officers: (7.) It may order the costs of the proceeding before it (if any), or To order payment any portion thereof, to be paid by any of the parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby; and any cost or compensation so ordered shall be paid by such person accordingly, and may be recovered in the same manner in which the wages of seamen are recoverable, or may, if the case admits, be deducted from his wages:

And all orders duly made by any such court, under the powers hereby given to it, shall, in any subsequent legal proceedings, be deemed con clusive as to the rights of the parties.

CCXLIV. All orders made by any such naval court shall, whenever Orders to be enpracticable, be entered in the official log-book of the ship to which the tered in official parties to the proceedings before it belong, and shall be signed by the president of the court.

CCLXV. Every such naval court shall make a report to the Board of Trade, containing the following particulars; (that is to say,) (1.) A statement of the proceedings, with the order made by the court, and a report of the evidence:

(2.) An account of the wages of any seaman or apprentice who is discharged from his ship by such court:

(3) If summoned in order to inquire into a case of wreck or abandonment, a statement of the opinion of the court as to the cause of such wreck or abandonment, with such remarks on the conduct of the master and crew as the circumstances require:

And every such report shall be signed by the president of the court; and every document purporting to be such a report, and to be so signed as aforesaid, shall, if produced out of the custody of some

log.

Report to be made of proceedings of naval courts.

Penalty for preventing complaint or obstructing investigation.

Crimes committed abroad.

Offences com

officer of the Board of Trade, be deemed to be such report, unless the contrary is proved, and shall be received in evidence, subject to all just exceptions.

CCLXVI. Any person who wilfully and without due cause prevents or obstructs the making of any such complaint as last aforesaid, or the conduct of any case or investigation by any naval court, shall, for each such offence, incur a penalty not exceeding fifty pounds, or be liable to imprisonment, with or without hard labour, for any period not exceeding twelve weeks.

Crimes committed on the High Seas and Abroad.

CCLXVII. All offences against property or person committed in mitted by British or at any place, either ashore or afloat, out of her Majesty's dominions, seamen at foreign by any master, seaman, or apprentice, who, at the time when the ports to be within offence is committed, is, or within three months previously has been Admiralty jurisdiction. employed in any British ship, shall be deemed to be offences of the same nature respectively, and be liable to the same punishments respectively, and be inquired of, heard, tried, determined, and adjudged in the same manner and by the same courts and in the same places as if such offences had been committed within the jurisdiction of the Admiralty of England; and the costs and expenses of the prosecution of any such offence may be directed to be paid as in the case of costs and expenses of prosecutions for offences committed within the jurisdiction of the Admiralty of England.

Conveyance of

offenders and wit

nesses to United Kingdom or some British possession.

CCLXVIII. The following rules shall be observed with respect to offences committed on the high seas or abroad; (that is to say,) (1.) Whenever any complaint is made to any British consular officer of any of the offences mentioned in the last preceding section, or of any offence on the high seas having been committed by any master, seaman, or apprentice belonging to any British ship, such consular officer may inquire into the case upon oath, and may, if the case so requires, take any steps in his power for the purpose of placing the offender under necessary restraint, and of sending him as soon as practicable in safe custody to the United Kingdom, or to any British possession in which there is a court capable of taking cognizance of the offence, in any ship belonging to her Majesty or to any of her subjects, to be there proceeded against according to law: (2.) For the purpose aforesaid such consular officer may order the master of any ship belonging to any subject of her Majesty bound to the United Kingdom, or to such British possession as aforesaid, to receive and afford a passage and subsistence during the voyage to any such offender as aforesaid, and to the witnesses, so that such master be not required to receive more than one offender for every one hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of such tonnage; and such consular officer shall endorse upon the agreement of the ship such particulars with respect to any offenders or witnesses sent in her as the Board of Trade requires:

(3.) Every such master shall, on his ship's arrival in the United Kingdom, or in such British possession as aforesaid, give every offender so committed to his charge into the custody of some police officer or constable, who shall take the offender before a justice of the peace or other magistrate by law empowered to deal with the matter, and such justice or magistrate shall deal with the matter as in cases of offences committed upon the high seas:

And any such master as aforesaid who, when required by any British consular officer to receive and afford a passage and subsistence to any offender or witness, does not receive him and afford such passage and

subsistence to him, or who does not deliver any offender committed to his charge into the custody of some police officer or constable as herein-before directed, shall for each such offence incur a penalty not exceeding fifty pounds; and the expenses of imprisoning any such offender and of conveying him and the witnesses to the United Kingdom or to such British possession as aforesaid in any manner other than in the ship to which they respectively belong, shall be part of the costs of the prosecution, or be paid as costs incurred on account of seafaring subjects of her Majesty left in distress in foreign parts.

CCLXIX. Whenever any case of death happens on board any Inquiry into cause foreign-going ship, the shipping master shall on the arrival of such of death on board. ship at the port where the crew is discharged inquire into the cause of such death, and shall make on the list of the crew delivered to him as herein required an endorsement to the effect either that the statement of the cause of death therein contained is in his opinion true or otherwise, as the result of the inquiry requires; and every such shipping master shall for the purpose of such inquiry have the powers hereby given to inspectors appointed by the Board of Trade under the first part of this act; and if in the course of such inquiry it appears to him that any such death as aforesaid has been caused by violence or other improper means, he shall either report the matter to the Board of Trade, or, if the emergency of the case so requires, shall take immediate steps for bringing the offender or offenders to justice.

received in

CCLXX. Whenever in the course of any legal proceedings insti- Depositions to be tuted in any part of her Majesty's dominions before any judge or evidence when magistrate, or before any person authorized by law or by consent of witness cannot parties to receive evidence, the testimony of any witness is required be produced. in relation to the subject-matter of such proceeding, then upon due proof, if such proceeding is instituted in the United Kingdom, that such witness cannot be found in that kingdom, or if in any British possession, that he cannot be found in the same possession, any deposition that such witness may have previously made on oath in relation to the same subject-matter before any justice or magistrate in her Majesty's dominions, or any British consular officer elsewhere, shall be admissible in evidence, subject to the following restrictions; that is to say,)

(1.) If such deposition was made in the United Kingdom, it shall not be admissible in any proceeding instituted in the United Kingdom:

(2) If such a deposition was made in any British possession, it shall not be admissible in any proceeding instituted in the same British possession:

(3.) If the proceeding is criminal, it shall not be admissible unless it was made in the presence of the person accused: Every deposition so made as aforesaid shall be authenticated by the signature of the judge, magistrate, or consular officer, before whom the same is made; and such judge, magistrate, or consular officer shall, when the same is taken in a criminal matter, certify, if the fact is so, and that the accused was present at the taking thereof, but it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition; and in any criminal proceeding such certificate as aforesaid shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified; but nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any act of parliament, or by any act or ordinance of the legislature of any colony, so far as regards such colony, or to interfere with the power of any colonial legislature to make such depositions admissible in evidence, or to interfere with the practice of any Court in which depositions not authenticated as herein-before mentioned are admissible.