c. 104. 17 & 18 Vict. two justices of the peace acting in or near to the place at which the service has terminated, or at which the seaman or apprentice has been discharged, or at which any person upon whom the claim is made is or resides, ... for any amount of wages due to such seaman or apprentice not exc. £50 (u) over and above the costs of any proceeding for the recovery thereof, so soon as the same becomes payable; and every order made by such justices. . . . in the matter shall be final. Endangering ship or life. Offences by seamen (z). 239. Any master of or any seaman or apprentice belonging to any British ship who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act (x) tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such 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 such ship . . . . or person, shall for every such offence be deemed guilty of a Misdemeanor (y). 243. Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offences he shall be liable to be punished summarily as follows; (that is to say,) (1.) For desertion (a)— [Imprisonment not exc. 12 weeks, with or without hard labour (6), and to by agreement in writing of both parties, may hear any dispute between the master or owner and any of the crew, and his decision shall be binding (s. 173). (u) Admiralty Courts have jurisdiction beyond this sum (24 Vict. c. 10, s. 10). (x) Where a man threw down a lighted match in a part of the ship forbidden by the regulations, and 6 hours afterwards the ship took fire, it was held, on an indictment for manslaughter, that it was necessary, in order to sustain the case by an exhaustive process of proof, to show that the fire could not have arisen from any other cause than that charged; no considerable interval of time must be left in which some other cause might have acted. It is not necessary that the act done should be followed by actual damage (R. v. Gardner, 1 F. & F. 669). () Triable at Sessions. Bail Compulsory. No Costs. Or it may be deemed an offence punishable summarily by Imprisonment not exc. 6 months, or by a Penalty (b) not exc. £100 (s. 518). (z) These sections relating to discipline apply only to British ships (Leary v. Lloyd, 29 L. J. M. C. 194; 6 Jur. N. S. 1246; 24 J. P. 662). An entry of the offence is to be made in the log at the time and read over, or a copy given, to the offender (s. 244). The Court may order the offender to be sent on board instead of imprisoning him (s. 247); and at the request of the master or owner, or his agent, any justice may order a person imprisoned for desertion or breach of discipline to be sent on board before the termination of his imprisonment (s. 248). (a) Persuading a person to desert or absent himself, Penalty (b) not exc. £10; harbouring any such absentee, Penalty (b) not exc. £20 (s. 257; see also note (z), supra). (b) Procedure.-Two justices (s. 518) where the offence is committed or forfeit the clothes and effects left on board, and all or any part of his wages; and if the desertion is abroad, to forfeit all or any part of the wages or emoluments in any other ship until his return to the United Kingdom and to pay any excess of wages to any substitute engaged in his place.] (2.) For neglecting or refusing, without reasonable cause (d), 17 & 18 Vict. c. 104. Offences by Seamen. to join his ship, or to proceed to sea in his ship, or for Desertion. master [Imprisonment not exc. 10 weeks, with or without hard labour, and to forfeit not exc. 2 days' pay, and for every additional 24 hours' absence not exc. 6 days' pay, or the expenses of a substitute (e).] (3.) For quitting the ship without leave after her arrival at her port of delivery and before she is placed in security [Forfeiture of not exc. 1 month's pay (e).] the offender happens to be (s. 520); within 6 months, or within 2 months after arrival of both parties within the jurisdiction (s. 525; see Austin v. Olsen, 37 L. J. M. C. 34; L. R. 3 Q. B. 208; 16 W. R. 426; 17 L. T. N. S. 537). Penalties enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress of ship (s. 523), in default imprisonment not exc. 3 months (Introd. p. 31): Payable in whole or part to compensate for any loss or damage or to Her Majesty's Exchequer (s. 524; see Wiley v. Crawford, 1 B. & S. 253; 8 W. R. 662). Orders recoverable by distress of the ship (s. 523). Summonses may be served personally, at the abode, or on the ship (s. 522). Arrest.-The master, mate, owner, ship's husband, or consignee may arrest any deserter or absentee, and detain him 24 hours to take him before the Court; improper arrest, Penalty not exc. £20 (s. 246), and the Court may order compensation for unlawful detention (36 & 37 Vict. c. 85, s. 9). Appeal from any conviction where the penalty exceeds £5 (exclusive of costs, R. v. JJ. Warwickshire, ante, p. 173), or the imprisonment exceeds 1 month, to general or quarter sessions held not less than 12 days afterwards, the appellant to give complainant written notice within 3 days after conviction and 7 days at least before the sessions, and remain in custody or enter into a recognizance with 2 sureties (s. 518, c. 4). (d) Survey. When in any proceeding for desertion or refusing to go to sea it is alleged by one-fourth of the seamen, or 5 if the number exceeds 20, that the ship, from unseaworthiness, improper loading, defective equipment, or any other cause, is not fit to proceed to sea, or that the accommodation is insufficient, the Court may hear witnesses thereon, and, if not satisfied, may cause the ship to be surveyed by a duly appointed or any impartial surveyor, who shall report in writing: the costs to be determined by the Board of Trade and paid by the persons complaining, or the master or owner, as the case may be (see also 36 & 37 Vict. c. 85, s. 9, for costs of detention). No seaman or apprentice shall have any right to apply for such survey unless he complained of the circumstances to the master before quitting (34 & 35 Vict. c. 110, s. 7): Sending ships unseaworthy is a Misdemeanor (Id. s. 11). Survey by direction of the Board of Trade, see 36 & 37 Vict. c. 85, ss. 12-14. (e) Procedure.--See note (b), ante, p. 494. 17 & 18 Vict. c. 104. Offences by Assault. Mutiny. Damage. Smuggling. Persons secreted. Wrecks (g). (4.) For wilful disobedience to any lawful command[Imprisonment not exc. 4 weeks, with or without hard labour, and to forfeit not exc. 2 days' pay (ƒ).] (5.) For continued wilful disobedience to lawful commands, or continued wilful neglect of duty— [Imprisonment not exc. 12 weeks, with or without hard labour, and to forfeit for every 24 hours' continuance not exc. 6 days' pay, or expenses of a substitute (ƒ).] (6.) For assaulting any master or mate Voyage [Imprisonment not exc. 12 weeks, with or without hard labour (ƒ).] (7.) For combining with any other or others of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the [Imprisonment not exc. 12 weeks, with or without hard labour (f).] (8.) For wilfully damaging the ship, or embezzling or wilfully damaging any of her stores or cargo[Forfeiture of wages equal to the loss, and in the discretion of the Court Imprisonment not exc. 12 weeks, with or without hard labour (ƒ).] (9.) For any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or owner [To pay such loss; the wages may be retained on account without prejudice to any other remedy.] 258. Any person who secretes himself and goes to sea in any ship without the consent of either the owner or other person entitled to give such consent― [Penalty not exc. £20; or Imprisonment not exc. 4 weeks, with or without hard labour (f).] 478. Every person who (1.) Wrongfully carries away or removes any part of any ship (f) Procedure.-See note (b), ante, p. 494. (g) Investigations.-The inspector of coastguard, or chief officer of Customs, where any loss or casualty occurs to any ship in the United Kingdom (or where the witnesses arrive if it happen elsewhere) may make inquiries and, if he think fit or the Board of Trade so direct, may apply to two justices or a magistrate, who shall hear the case and report thereon, with their opinion, to the Board (s. 433; Ex parte Ferguson and another, 40 L. J. Q. B. 105; L. R. 6 Q. B. 280; 19 W. R. 746; 35 J. P. 468; 24 L. T. N. S. 96). Where there is a marine board and the magistrate is a member, the hearing shall be before him (s. 435). A nautical assessor may be appointed by the Board to assist in the hearing (s. 434). Any master or mate whose conduct is called in question may be required to deliver his certificate to the justices on the hearing (s. 438). The Board of Trade may institute an investigation into any alleged incompetency or misconduct of a master or mate by the local marine board or other person, assisted by the local magistrate or a legal adviser (s. 241; Ex parte Ferguson, supra; R. v. Tomlinson, 36 L. J. M. C. 41; 15 W. R. 46; 30 J. P. 788; 15 L. T. N. S. 188; R. v. Collingridge, 34 L. J. Q. B. 9). The master or mate shall deliver up his certificate if required. Penalty (f) not exc. £50 (25 & 26 Vict. c. 63, s 24). The Court may cancel or suspend the certificate for incompetency, gross misconduct, drunkenness or tyranny, or for loss or damage to the ship, or loss of life by default, or on conviction of an offence (Id. s. 23). Arbitration of salvage by justices, see ss. 460-470; 25 & 26 Vict. c. 63, ss. 49, 50. c. 104. or boat stranded or in danger of being stranded or 17 & 18 Vict. (2.) Endeavours in any way to impede or hinder the saving (3.) Secretes any wreck, or obliterates or defaces any marks thereon [Penalty not exc. £50 (h) in addition to any other penalties (i).] Every person, not being a receiver or a person herein-before authorized to take the command in case of ships being stranded or in distress, or not acting under the orders of such receiver or person, who, without the leave of the master, endeavours to board any such ship or boat [Penalty not exc. £50 and the master may repel him by force (h).] c. 63. Misconduct of [Sects. 322 and 323 of 17 & 18 Vict. c. 104, are repealed; in 25 & 26 Vict. lieu thereof it is enacted by 25 & 26 Vict. c. 63,—] 35. The following offenders, that is to say, (1.) Any person who, being drunken or disorderly, has Passengers (k). been on that account refused admission (7) into any Drunkenness, (h) Procedure. See note (b), ante, p. 494. Persons neglecting to give to the receiver appointed by the Board of Trade notice of any wreck found, or to deliver articles washed on shore or taken from a wreck, Penalty (h) not exc. £100 (ss. 443-450). (k) Dangerous goods.-If any person sends or attempts to send by, or not being the master or owner carries or attempts to carry in any vessel, British or foreign aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer matches, nitro-glycerine, petroleum, or any other goods of a dangerous nature, without distinctly marking their nature on the outside of the package containing the same, and giving written notice of the nature of such goods and of the name and address of the sender or carrier thereof to the master or owner of the vessel at or before the time of sending the same to be shipped or taking the same on board, Penalty (h) not exc. £100; if the person is an agent and proves that he was not aware and had no reason to suspect, Penalty shall not exc. £10 (36 & 37 Vict. c. 85, s. 23). Knowingly sending dangerous goods under a false description, Penalty (h) not exc. £500 (Id. s. 24). The owner or master may refuse to take parcels suspected to be dangerous and may require them to be opened (Id. s. 25), and may throw overboard dangerous goods sent not marked or without notice, without any liability (Id. s. 26). Any Admiralty Court may declare dangerous goods not marked, or sent without notice or under false description, forfeited (Id. s. 27). No "passenger ship" shall clear out if there be on board as cargo, horses (except under certain conditions, 26 & 27 Vict. c. 51, s. 8), gunpowder, vitriol, lucifer matches, guano, or green hides, or any articles deemed by the emigration officer likely to endanger health or safety (18 & 19 Vict. c. 119, s. 29). (1) The master of any home-trade passenger steamship may refuse to receive any person who is drunk or misconducts himself so as to be an annoyance to other passengers, or may put him ashore; he shall not be entitled to any return of fare (17 & 18 Vict. c. 104, s. 325). 25 & 26 Vict. c. 63. Misconduct of Annoyance, Refusing to quit, Avoiding fare, &c. duly surveyed passenger steamer by the owner or (2.) Any person who being drunken or disorderly on same; (6.) Any person who travels or attempts to travel in any such steamer without having previously paid his fare, and with intent to avoid payment thereof; (7.) Any person who, having paid his fare for a certain distance, knowingly and wilfully proceeds in any such steamer beyond such distance without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; (8.) Any person who knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit any such steamer; and (9.) Any person on board any such steamer who does not when required by the master or other officer of such steamer either pay his fare or exhibit such ticket or other receipt (if any) showing the payment of his fare (m) This offender may be put ashore (see note (1), ante, p. 497). |