SCHEDULE OF FEES established by the Governor in Council on 26th March, 1874, to which Surveyors of Shipping in Canada shall be entitled, for the measurement of vessels about to be registered under the Merchant Shipping Act of 1874 and its amendments: SEAMAN'S ACT, 1873. CHAP. 129, 36 VIC. SECTIONS APPLYING TO INLAND WATERS. MODE OF RECOVERING WAGES. 52. Any seaman or apprentice belonging to any ship registered in either of the said provinces, or any person duly authorized on his behalf, may sue in a summary manner before any judge of the sessions of the peace, any judge of a county court, stipendiary magistrate, police magistrate, or any two justices of the peace acting in or near the place at which the service has terminated, or at which the seaman or apprentice has been discharged, or at which any master or owner or other person upon whom the claim is made is or resides, for any amount of wages due to such seaman or apprentice not exceeding two hundred dollars over and above the costs of any proceeding for the recovery thereof, as soon as the same becomes payable, and such judge, magistrate, or justices may, upon complaint on oath to be made to him or them by such seaman or apprentice, or on his behalf, summon such master or owner, or other person to appear before him or them to answer such complaint. 53. Upon appearance of such master or owner (or in default thereof, on due proof of his having been so summoned) such judge, magistrate, or justice may examine upon the oath of the respective witnesses of the parties (if there be any), or upon the oath of either of the parties, in case one of the parties should require such oath from the other, before such judge, magistrate or justices, touching the complaint and amount of wages due, and may make such order for the payment thereof, as to such judge magistrate, or justices appears reasonable and just; and any order made by such judge of the sessions of the peace, judge of a county court, stipendiary magistrate, police magistrate, or justices, shall be final. 54. If such order is not obeyed within twenty-four hours next after the making thereof, such judge, magistrate, or justices, may issue a warrant to levy the amount of the wages awarded to be due, by the distress and sale of the goods and chattels of the party on whom such order is made, rendering to such party the overplus (if any remains) of the produce of the sale, after deducting therefrom all the charges and expenses incurred by the seaman or apprentice in the making and hearing of the complaint, as well as those incurred by the distress and levy, and in the enforcement of the order. 55. And in case sufficient distress cannot be found, such judge, magistrate, or justices may cause the amount of such wages and expenses to be levied on the ship in respect of the service on board which the wages are claimed, or the tackle and apparel thereof; and if such ship is not within the jurisdiction of such judge, magistrate, or justices, then they may cause the party on whom the order for payment is made te be apprehended and committed to the common gaol of the locality, or if there be no gaol there, then to that which is nearest to the locality, for a time not less than one, nor more than three months, under each such condemnation. 56. No suit or proceedings for the recovery of wages under the sum of two hundred dollars shall be instituted by or on behalf of any seaman or apprentice belonging to any ship registered in either of the said Provinces in any Court of Vice Admiralty, or in any superior court of record either in the said Provinces, unless the owner of the ship is insolvent within the meaning of any Act respecting insolvency, for the time being in force in Canada, or unless the ship is under arrest or is sold by the authority of any such court as aforesaid, or unless any judge, magistrate, or justices acting under the authority of this Act, refer the case to be adjudged by such court, or unless neither the owner nor the master is or resides within twenty miles of the place where the seaman or apprentice is discharged or put ashore. 57. If any suit for the recovery of a seaman's wages is instituted against any such ship or the master or owner thereof, in any Court of Vice Admiralty or in any Court of Record in either of the said Provinces, and it appears to the court, in the course of such suit, that the plaintiff might have had as effectual a remedy for the recovery of his wages, by complaint to a judge of the sessions of the peace, judge of a county court, stipendiary magistrate, police magistrate, or two justices of the peace under this Act, then the judge shall certify to that effect, and thereupon no costs shall be awarded to the plaintiff. 58. No seaman belonging to any Canadian foreign sea-going ship, who is engaged for a voyage or engagement which is to terminate in either of the said Provinces, shall be entitled to sue in any court abroad for wages, unless he is discharged with such sanction as herein required, and with the written consent of the master, or prove such ill-usage on the part of the master or by his authority, as to warrant reasonable apprehension of danger to the life of such seaman if he were to remain on board; but if any seaman on his return to either of the said Provinces proves that the master or owner has been guilty of any conduct or default which but for this enactment would have entitled the seamen to sue for wages before the termination of the voyage or engagement, he shall be entitled to recover in addition to his wages such compensation not exceeding eighty dollars as the court hearing the case thinks reasonable. 59. Every master of a ship registered in either of the said Provinces, shall, so far as the case permits, have the same rights, liens and remedies for the recovery of his wages, which by this Act or by any law or custom any seaman, not being a master, has for the recovery of his wages; and if in any proceeding in any Court of Vice Admiralty, or court possessing admiralty jurisdiction in either of the said Provinces touching the claim of a master to wages any right of set-off or counter claim is set up, it shall be lawful for such court to enter into and adjudicate upon all questions and to settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and to direct payment of any balance which is found to be due. SEAMAN'S WAGES ACT. 45 VICTORIA. CHAP. 35. An Act to amend the Act forty-second Victoria, chapter forty, intituled "An Act to amend The Maritime Jurisdiction Act, 1877,'" and to make further provision for the recovery of the wages of seamen employed on vessels navigating the inland waters of Canada. H1 [Assented to 17th May, 1882.] ER MAJESTY, by and with the advice and consent of the 1. Notwithstanding anything contained in the Act made and passed in the forty-second year of Her present Majesty's reign, chaptered forty, and intituled "An Act to amend The Maratime Jurisdiction Act, 1877," a right or remedy in rem for the wages accruing after the passing of this Act, of seamen and other persons employed on board a ship on any river, lake, canal, or inland water of which the whole or part is in the Province of Ontario, may be enforced against the ship under "The Maratime Jurisdiction Act, 1877," as fully, to all intents and purposes, as though the Act first in this section recited had not been passed. 2. Seamen and other persons employed on board a ship on any river, lake, canal or inland water of which the whole or part is in the Province of Ontario, in addition to any other remedy they may have in that behalf, may recover their wages in the mode and manner provided by "The Seamen's Act, 1873," for the recovery of seamen's wages, and with the like remedies for enforcing payment. 3. Nothing in the fifty-first section of "The Seamen's Act, 1873," shall prevent a seaman or other person employed on board any ship on any river, lake, canal or inland water of which the whole or part is in the Province of Ontario, from proceeding for the recovery of his wages so soon as under his contract of service, or by law, his right of action accrues. 4. The second section of the Act, forty-second Victoria, chapter forty, aforesaid, is hereby repealed. 5. The word "ship" shall, for the purposes of this Act, include every description of vessel used in navigation not propelled by oars. SEAMAN'S ARTICLES. 38 VICTORIA. CHAP. 29. An Act to extend certain provisions of "The Seamen's Act, 1873," to vessels employed in navigating the inland waters of Canada. W [Assented to 8th April, 1875.] HEREAS "The Seamen's Act, 1873" does not apply to the Inland Waters of the Dominion; and whereas under the provisions of section twenty-six of the said Act, no master of any ship whatever of less than eighty tons, registered tonnage, and no master of any ship of that tonnage or upwards trading from any port or place in any Province to which the said Act applies, to any other port or place in the same Province, is required to enter into an agreement with seamen whom he carries as his crew; and whereas it is expedient that masters of certain British ships navigating the inland waters aforesaid, not required either by the said section twenty-six or by section twenty-seven of the said Act to enter into an agreement with the seamen whom they carry as part of their crews, should be required to enter into such agreement: Therefore Her Majesty, by |