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Hetherington, Exp. D. & C. 17, 217, 221, 224 .. Affidavit, 1, 2, 3; Petition, 1, 2;

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ABSTRACT OF PUBLIC GENERAL STATUTES.

(5 & 6 WILLIAM IV.-continued.)

CAP. 15.-An Act to continue until the Thirty-first Day of May, One Thousand Eight Hundred and Thirty-eight, and to the end of the then next Session of Parliament, the Allowances of the Duty of Excise on Soap used in certain Manufactures. [21st July, 1835.] CAP. 16.-An Act for altering and amending the Law regarding Commitments by Courts of Equity for Contempt, and the taking Bills, pro confesso, in Ireland. [30th July, 1835.] CAP. 17.-An Act to extend to Ireland certain Provisions of an Act made and passed in the First Year of his present Majesty's Reign, intituled An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Lunatics, and Persons of unsound Mind.

[30th July, 1835.]

CAP. 18.-An Act to exempt Carriages carrying Manure from Toll.

[30th July, 1835.]

CAP. 19.-An Act to amend and consolidate the Laws relating to the Merchant Seamen of the United Kingdom, and for forming and maintaining a Register of all the Men engaged in that Service. [30th July, 1835 ]

S. 1. repeals 2 & 3 Ann. c. 6; 2 Geo. 2, c. 36; 2 Geo. 3, c. 31; 31 Geo. 3, c. 39; 45 Geo. 3, c. 81; 37 Geo. 3, c. 73; 58 Geo. 3, c. 38; 59 Geo. 3, c. 58; 4 Geo. 4, c. 25; and 3 & 4 Wm. 4, c. 88.

S. 2. No master of any ship trading beyond seas, or of any British registered ship of 80 tons or upwards employed in the fisheries of the United Kingdom, or trading coastwise or otherwise, shall carry to sea in any voyage from any place, any person as one of his crew or complement (apprentices excepted) without a written agreement, specifying the seaman's wages, the capacity in which he is to act, and the nature of the intended voyage; such agreement to be dated, and signed by the master in the first instance, and by the seamen respectively at the ports where they are shipped; the master to cause the agreement to be read over to every such seaman before signature, or in the presence of the respective attesting witnesses.

S. 3. Such agreements to be drawn according to forms set forth in the schedule of the Act; the owners or masters of ships going beyond seas, on arrival at the port of destination in the United Kingdom to deposit with the collector of customs a copy of such agreement; and the owners of fishing ships, or ships trading coastwise or to any port on the continent of Europe, within ten days after six months ending June 30 or December 31, to deposit with the collector of the port to which such ships belong, a copy of every such agreement entered into within the preceding six months; such copies to be legal proof on the part of any seaman.

S. 4. Master carrying any seaman (apprentices excepted) without such agreement, to forfeit £10 for each; neglecting to cause agreement to be read to each seaman, to forfeit £5; neglecting to deposit copy with the collector, or depositing a false copy, to forfeit £50.

S. 5. Seamen, by such agreement, not to be deprived of usual legal remedies for the recovery of wages; no agreement contrary to this Act, or any clause whereby a seaman shall forego his right to wages in case of freight earned by ships subsequently lost, to be valid; seaman not bound to produce such agreement in support of his claim.

S. 6. Seamen refusing to join or proceed in the ship may, on complaint, be committed to gaol by one justice, and kept to hard labour for not more than thirty days; provided that, on his consenting to proceed on the voyage, the justice, at the request of the master, may cause him to be conveyed on board, and may award costs not exceeding 40s.

S. 7. Seamen in cases of temporary absence from duty without leave, to forfeit two days' pay for every twenty-four hours' absence, or, at the option of the master, the amount incurred in hiring a substitute; in case of neglect of reasonable duty to be subject to a like forfeiture; and seamen quitting the ship without leave after arrival at port of delivery, and before discharge of cargo, to forfeit one month's pay, provided that an entry of such absence or neglect of duty be entered in the log-book, and proved by a credible witness.

S. 8. provides the mode of ascertaining the amount of forfeiture where seamen contract for the voyage.

S. 9. In case of absolute desertion seamen to forfeit their effects on board and all their wages, provided the circumstances of desertion be entered in the log-book at the time and certified by the master and another credible witness; in cases of desertion beyond seas master may recover, by summary proceeding, increased wages paid to a substitute.

S. 10. Persons harbouring deserters to forfeit £10. No debt exceeding 5s., contracted after agreement, recoverable from seamen until the voyage is ended; seamen's effects not to be detained by keepers of lodging-houses under pretence of debt; one justice may, in case of detention, by warrant cause such effects to be seized and delivered to seamen.

S. 11. provides for the payment of wages within a certain period after discharge of seamen.

S. 12. Such payment to be valid notwithstanding bill of sale of such wages; and no assignment or sale of wages prior to the earning thereof, to be binding on the party making it.

S. 13. Masters to give seamen certificates of service and discharge, and in default to forfeit £5.

S. 14. If any seaman, after he has been discharged three days, desires to proceed on another voyage, one justice, on proof that he would be prevented from employment by delay, may summon the master, and order immediate payment; in default of such payment, master to forfeit £5.

S. 15. Where seamen's wages not exceeding £20 are due, one justice may make an order for the payment, and in case the order is not obeyed

within two days, may issue a distress warrant to levy the amount on the goods of the party liable; and in case sufficient distress cannot be found, may cause the amount to be levied on the ship in respect of which the wages are due; and if the ship is not within the jurisdiction of the justice, may commit the party to gaol, there to remain without bail until payment of the amount and costs; the decision of such justice to be final.

S. 16. Where a suit is instituted in a superior Court for recovery of wages, if the plaintiff could have had as effectual a remedy by a complaint to a justice, the judge may certify, and deprive the plaintiff of costs.

S. 17. Where a ship, except in cases of wreck or condemnation, is sold at a foreign port, the master, in addition to payment of their wages, to provide seamen with employment on board some British vessel homeward bound, or to send them home, depositing with the consul a sum sufficient for their subsistence and passage; if the master shall refuse to do so, the owner, except in cases of barratry, to be liable at the suit of the consul or the attorney-general.

S. 18. A proper supply of medicines to be kept on board ships going abroad, and seamen in the service of the ship to be provided with advice and medicine at the expense of the owner.

S. 19. Register office for seamen to be established in the port of London. S. 20. Letters to and from registrar to be free from postage.

S. 21. Masters of ships trading abroad, on arrival at their port of destination at home, to deliver to the collector of customs a written account, signed by themselves, of all seamen (including apprentices) who shall have belonged to their ships at any time during absence from the United Kingdom, such account to be according to a form in the schedule annexed in this Act.

S. 22. Masters of ships employed in the home trade to make similar returns within twenty-one days after June 30 and December 31 in each year, according to a form in the schedule annexed to this Act.

S. 23. In case of ships lost or sold abroad, such returns to be made as soon as possible after the loss, and within twelve calendar months after sale.

S. 24. The several accounts and returns to be transmitted from the collector to the registrar; master for wilfully neglecting to furnish such accounts to forfeit £25.

S. 25. Effects of British seamen dying abroad to be sold by consent for the benefit of next of kin; in case no claim be made within three months, amount to be remitted to the governors of the corporation for the relief of disabled mariners in the merchant service; if seamen dying leave effects on board ship, and they are not claimed by the executor within one month after ship's return to the United Kingdom, masters are to deposit them with the governors aforesaid.

S. 26. Overseers may put out parish boys, who have attained thirteen years of age, to be apprentices in the sea service; such binding to be in presence of two justices, who are to execute indenture in testimony of their having been satisfied that the boy has attained the age of thirteen, and is

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