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$ 21. The master of a foreign-guing ship must within forty- Delivery up
of agreement. eight hours after its arrival at its destination in the United Kingdom, or on the discharge of the crew, whichever occurs first, deliver, under a penalty not exceeding 51., the agreement to the shipping master there, who must give the master a certificate of such delivery (-).
No officer of customs may clear any foreign-going ship inwards without the production of such certificate (-).
In the case of home-trade vessels of above eighty tons, Its duration. no agreement with her seamen could extend beyond the following 30th of June, or 31st of December, or the arrival of the ship at her destination in the United Kingdom, or the discharge of her cargo there (s). But time agreements, which need not determine half-yearly, can now be entered into (t).
The master or owner of every such ship must, under a penalty not exceeding 51., within twenty-one days after the 30th June and 31st December in each year, deliver to some shipping master in the United Kingdom every agreement made within the preceding six months; and also produce to the shipping master, if such vessel carry passengers, the certificates of the said master and his mate (s).
The shipping master must then give the master or owner a certificate of such delivery and production. The vessel cannot be granted a clearance or transire till such certificate is produced to the officer of customs (8).
$ 22. A seaman may prove the contents of his agreement with Agreements, out producing or giving notice to produce the agreement (u). and stampón.
how proved, Every erasure or alteration in the agreement will be inoperative, unless attested by a shipping master or other public functionary to have been made with the consent of all parties (14).
(v) 17 & 18 Vict. c. 104, s. 161. (u) 17 & 18 Vict. c. 104, ss. 163, (8) Ib. s. 162; 25 & 26 Vict.c. 63, 165; Bowman v. Manzleman, 2
Camp. 315. (t) 35 & 36 Vict. c. 73, s. 16.
The court before whom any proceeding is instituted relating to any dispute between a seaman and the owners or master of a ship, has power to rescind any contract made between them. It can also, in similar circumstances, rescind any indenture or contract of apprenticeship to the sea service (r).
Contracts with seamen are not liable to stamp duty («). Neither are indentures of apprenticeship to the sea service liable (-).
Duties of masters and owners as to agreement.
$ 23. The master must, at the commencement of the voyage or engagement, post up a copy of the agreement in a part of the ship accessible to the crew, under a penalty not exceeding 51. (y).
The penalty incurred by a master of a foreign-going ship, or by the master or owner of a home-trade ship, if he carries a seaman to sea without the proper agreement, is a sum not exceeding 51. (-). In
every engagement of a seaman, or apprenticeship of an apprentice on board any ship, the owner is impliedly bound to use all reasonable means to insure the seaworthiness of the vessel for the voyage, and to keep her seaworthy during it (a); notwithstanding any agreement to the contrary. The owner is also bound to provide proper food and medicines, and if the allowance stipulated for be reduced during the voyage, he must give compensation to the seaman (6).
If the master, seaman or apprentice be injured or killed in the service of the ship, the expenses of medical advice, medicines, &c., and of his conveyance or burial, must be borne by the owner without any deduction from his wages (c).
() 43 & 44 Vict. c. 16, s. 8.
(2) 17 & 18 Vict. c. 104, s. 143;
(y) 17 & 18 Vict. c. 104, s. 166.
(a) 39 & 40 Vict. c. 80, 8. 5.
(6) 17 & 18 Vict. c. 104, ss. 221 --223; 30 & 31 Vict. c. 124, s. 4.
(c) 17 & 18 Vict. c. 104, s. 228 ; 30 & 31 Vict. c. 124, s. 7.
$ 24. If a seaman or apprentice, after making a binding en- Offences by gagement, desert his vessel, he becomes liable to forfeit all his wages
any effects left by him on board. Formerly, also, he was liable to imprisonment (a).
If he neglect or decline to join his ship, or to proceed to sea therein, or if he absent himself without leave from the ship without reasonable cause (e), he becomes liable to forfeit two days' pay. For these offences also he was formerly liable to imprisonment (1).
The penalties in question will, however, not be incurred if a seaman or apprentice give notice to the owner or master of his intention to absent himself (a), at least forty-eight hours before the time when he should be on board.
A master is bound to allow, under a penalty of 101., a seaman or apprentice who informs him that he wishes to make a complaint to a justice of the peace, or consular or naval officer, against the master or crew, to go on shore for that purpose as soon as practicable (f).
The seaman may refuse to join the vessel because it is unseaworthy, or complain to the Board of Trade that she is unsafe. Then the Board of Trade may detain the ship for the purpose of her being surveyed (9).
For wilful disobedience, a seaman or apprentice becomes liable to four weeks' imprisonment with or without hard labour, and to forfeit two days' pay.
For assaulting the master, or the mate, or for conspiring to neglect his duty, or for wilfully damaging the ship, or for embezzling or wilfully damaging her stores or her cargo, he becomes liable to twelve weeks' imprisonment with or without hard labour.
(d) 43 & 44 Vict. c. 16, s. 10.
(e) The Castilia, 1 Hagg. 59; Limland v. Stephens, 3 Esp. 269 ; Sigard v. Roberts, 3 Esp. 71; Ed. ward v. Trerellick, 4 E. & B. 59.
(f) 17 & 18 Vict. c. 104, 8. 232.
(9) 39 & 40 Vict. c. 80, s. 6; and see ss. 10 and 11 as to costs; 34 & 35 Vict. c. 110, ss. 7 and 8, and see Chap. I., $ 5, p. 7.
Procedure as to such offences.
If damage be caused to the master or owner in consequence of his being convicted of smuggling, his wages, or part of them, may be retained in satisfaction thereof (i).
S 25. Any seaman or apprentice deserting from or refusing to join his ship, or absenting himself without leave, may be arrested by the owner, master, mate, ship's husband, or consignee, without a warrant. He must, however, if he requires it, be first taken before some court having jurisdiction (k), which court can either imprison the seaman or order him to be conveyed on board, and to pay the costs out of his wages (1). If, however, the court holds that the proceedings were instituted on insufficient grounds, it can impose on the master, owner, mate, ship’s husband or consignee who arrested him a penalty not exceeding 201. The infliction of this penalty, however, will bar any action for false imprisonment on account of the arrest (!).
Formerly a seaman could be imprisoned for desertion, or disobedience, or neglecting to join his ship, and if during such imprisonment, and before his engagement were at at end, his services were wanted on board, any justice could order him to be conveyed on board his ship, though the terms of his imprisonment had not expired. But this power has since been abolished (m).
All offences committed by British seamen at foreign ports are within the admiralty jurisdiction (n).
$ 26. A register of all persons serving on board ship has to be kept by the Registrar-General of Seamen (6).
A seaman is not entitled to be rated as an A. B. (i.e. an
Rating of seamen.
(i) 17 & 18 Vict. c. 104, s. 243.
(2) Ib. s. 518. Offences punishable by a penalty not exceeding 1001. or imprisonment not exceeding six months can be prosecuted summarily before two justices.
(1) 17 & 18 Vict. c. 104, s. 247; 43 & 44 Vict. c. 16, 8. 10.
(m) 43 & 44 Vict. c. 16, sched. II.
able-bodied seaman) unless he has served at sea four years before the mast. With respect to fishermen employed in registered deck fishing vessels, their employment only counts as three years' sea service, however long they may have been so engaged. To become A. B.'s they must serve at least one year in a trading vessel, in addition to their three or more years' service on fishing vessels (o).
The seaman is in duty bound to exert himself to the Extra payutmost in the service of his vessel. Consequently a pro- entitled to.
seamen, when mise of extra pay as an inducement to extra work on his part (e. g. during a storm, or on account of the desertion of some of the crew) is nudum pactum, and therefore void, provided he was legally bound to do the extra work (p). He will, however, be entitled to extra remuneration for services beyond the scope of his ordinary employment, e.g., if a common seaman act as mate ().
CASES. 1. The master of a vessel promised one of his crew five guineas over and above his stipulated wages in consideration of his performing some extra work, the performance of which was essential to the safety of the vessel. An action for the recovery of the five guineas was held not maintainable (r).
2. The plaintiff signed articles for a voyage out to M. and home at 31. per month. On arriving at M. several of the crew deserted. The captain, to induce the plaintiff to remain, signed fresh articles with him at the rate of 61. per month for the home voyage.
The plaintiff was held only entitled to recover wages at the rate of 31. per month, there being no evidence of a discharge of the plaintiff from his original contract, so as to enable him to make a new one (8).
3. A ship bound from L. to P. and back, when at P. became so shorthanded that it was dangerous to proceed. The captain being
(0) 43 & 44 Vict. c. 16, s. 7.
(P) Harris v. Watson, i Peake, 102; The Araminta, 1 Spks. 224 ; Harris v. Carter, 3 E. & B. 559; Frazer v. Hatton, 2 C. B., N. S. 612 ; Hartley v. Ponsonby, 26 L. J., Q. B. 322 ; see “Cases" at end of
(9) Henson v. Roydon, L. R., 3 C. P. 47.
(r) Harris v. Watson, 1 Peake, 102.
(s) Harris v. Carter, 3 E. & B. 659.