Proviso.

How Amount

to be ascertain

ed when Sea

men contract

for the Voyage.

Forfeiture for
Desertion.

the Option of the Master, the Amount of such Expences as shall have been necessarily incurred in hiring a Substitute; and in case any Seaman while he shall belong to the Ship shall without sufficient Cause neglect or refuse to perform such his Duty as shall be reasonably required of him by the Master or other Person in command of the Ship, he shall be subject to a like Forfeiture in respect of every such Offence, and of every Twenty-four Hours Continuance thereof; and in case any such Seaman, after the Ship's Arrival at her Port of Delivery, and before her Cargo shall be discharged, shall quit the Ship, without a previous Discharge or Leave from the Master, he shall forfeit One Month's Pay out of his Wages: Provided always, that no such Forfeiture shall be incurred unless the Fact of the Seaman's Absence, Neglect, or Refusal shall be duly entered in the Ship's Log Book, the Truth of which Entry it shall be incumbent on the Owner or Master, in all Cases of Dispute, to substantiate by the Evidence of the Mate or some other credible Witness.

VIII. And be it enacted, That in all Cases where the Seaman shall have contracted for Wages by the Voyage or by the Run or by the Share, and not by the Month or other stated Period of Time, the Amount of Forfeitures to be incurred by Seamen under this Act shall be ascertained in manner following; (that is to say,) if the whole Time spent in the Voyage agreed upon shall exceed One Calendar Month, the Forfeiture of One Month's Pay expressed in this Act shall be accounted and taken to be a Forfeiture of a Sum of Money bearing the same Proportion to the whole Wages or Share as a Calendar Month shall bear to the whole Time spent in the Voyage; and in like Manner a Forfeiture of Six Days Pay, or less, shall be accounted and taken to be a Forfeiture of a Sum bearing the same Proportion to the whole Wages or Share as the Six Days or other Period shall bear to the whole Time spent in the Voyage; and if the whole Time spent in the Voyage shall not exceed the Period for which the Pay is to be forfeited the Forfeiture shall be accounted and taken to be a Forfeiture of the whole Wages or Share; and the Master or Owner is hereby authorized to deduct the Amount of all Forfeitures out of the Wages or Share of any Seaman incurring the

same.

IX. And be it enacted, That any Seaman or other Person who shall desert the Ship to which he shall belong shall forfeit to the Owner thereof all his Clothes and Effects which he may leave on board, and he shall also forfeit all Wages and Emoluments to which he might otherwise be entitled; and in case of any Seaman deserting abroad he shall likewise forfeit all Wages and Emoluments whatever which shall be or become due or be agreed to be paid to him from or by the Owner or Master of any other Ship in the Service whereof such Seaman may have engaged for the Voyage back to the United Kingdom; and that all Wages and

Portions

Portions of Wages and Emoluments which shall in any Case whatever become forfeited for Desertion shall be applied, in the first instance, in or towards the Reimbursement of the Expences occasioned by such Desertion to the Owner or Master of the Ship from which the Seaman shall have deserted, and the Remainder shall be paid to the Seamen's Hospital Society; and the Master shall, in case of Desertion in the United Kingdom, deliver up the Register Ticket of such Seaman or other Person to the Collector or Comptroller of the Customs at the Port: Provided always, that every Desertion be entered in the Log Book at the Time, and certified by the Signatures of the Master and the Mate, or the Master and One other credible Witness; and that the Absence of a Seaman from his Ship for any Time within Twenty-four Hours immediately preceding the sailing of the Ship from any Port, whether before the Commencement or during the Progress of any Voyage, wilfully and knowingly, without Permission, or the wilful Absence of a Seaman from his Ship at or for any Time without Permission, and under Circumstances showing an Intention to abandon the same, and not return thereto, shall be deemed a Desertion of and from the same Ship; and in case any Seaman shall desert in Parts beyond the Seas, and the Master of the Ship shall engage a Substitute at a higher Rate of Wages than that stipulated in the Agreement to be paid to the Seaman so deserting, the Owner or Master of the Ship shall be entitled to recover from the Deserter, by summary Proceeding, in the same Manner as Penalties are by this Act made recoverable (so far as the same can be applied), any Excess of Wages or Portion thereof which such Owner or Master shall pay to such Substitute beyond the Amount which would have been payable to the Deserter in case he had duly perforined his Service pursuant to his Agreement: Provided always, that no Seaman shall be imprisoned longer than Three Calendar Months for Nonpayment of any such Excess of Wages.

X. And be it enacted, That if any Person shall wilfully harbour or secrete any Seaman or Apprentice who shall have deserted from his Ship, knowing or having Reason to believe such Seaman or Apprentice to be a Deserter, every Person so offending shall for every such Seaman or Apprentice so harboured or secreted forfeit and pay the Sum of Ten Pounds; and no Debt exceeding in Amount Five Shillings, incurred by any Seaman after he shall have engaged to serve, shall be recoverable until the Service agreed for shall have been concluded; nor shall it be lawful for any Keeper of a Public House, or of a Lodging House for Seamen, to detain any Chest, Tools, or other Property of any Seaman for any Debt alleged to have been contracted by him; and in case of such Detention of the Chest, Tools, or other Property of a Seaman, it shall be lawful for any Justice of the Peace at or near the Place, upon Complaint upon Oath to be made by such Seaman or on his Behalf, to inquire into the Matter upon Oath in a summary Way; and if it shall appear to such Justice that the alleged Claim is fraudulent,

Penalty.

The Period within which Wages are to be paid.

Payment of

Wages or Saldeemed valid,

vage to be

notwithstanding Bill of Sale, &c.

or that the Debt was not fairly incurred to the full Amount of the Claim, by Warrant under his Hand and Seal to cause such Effects to be seized and delivered over to such Seaman; and the Person so detaining the same shall forfeit and pay a Sum not exceeding Ten Pounds, at the Discretion of such Justice.

XI. And be it enacted, That the Master or Owner of every Ship shall and is hereby required to pay to every Seaman his Wages within the respective Periods following; (that is to say,) if the Ship shall be employed in coasting, the Wages shall be paid within Two Days after the Termination of the Agreement, or at the Time when any such Seaman shall be discharged, whichever shall first happen; and if the Ship shall be employed otherwise than coasting, then the Wages shall be paid at the latest within Three Days after the Cargo shall have been delivered, or within Seven Days after the Seaman's Discharge, whichever shall first happen; and in all Cases the Seaman shall, at the Time of his Discharge, be entitled to be paid, on account, a Sum equal to One-Fourth Part of the Balance due to him ; and in case the Master or Owner shall neglect or refuse to make Payment in manner aforesaid, he shall for every such Neglect or Refusal forfeit and pay to the Seaman the Amount of Two Days Pay (to be recovered as Wages) for each Day, not exceeding Ten Days, during which Payment shall, without sufficient Cause, be delayed beyond the respective Periods aforesaid: Provided always, that nothing in this Clause contained shall extend to the Cases of Ships employed in the Southern Whale Fishery, or on Voyages for which Seamen, by the Terms of their Agreement, are wholly compensated by Shares in the Profits of the Adventure.

XII. And be it enacted and declared, That every such Payment of Wages to a Seaman shall be valid and effectual in Law, notwithstanding any Bill of Sale or Assignment which may have been made of such Wages, or of any Attachment or Incumbrance thereon, and that no Assignment or Sale of Wages or Salvage made. prior to the accruing thereof, nor any Power of Attorney expressed to be irrevocable for the Receipt of any such Wages or Salvage, shall be valid or binding upon the Party making the same, and any Attachment to be issued from any Court Allowance for whatever shall not prevent the Payment of Wages to any Seaman; and if during the Voyage the Allowance of Provisions which a Seaman agreed to receive shall be reduced One Third of the Quantity or less he shall receive Four-pence per Day, and if the Reduction be more than One-Third he shall receive Eight-pence per Day, during the Period such respective Deductions may be made, and such pecuniary Allowance shall be paid to him in addition to and be recoverable as Wages.

short Pro

visions.

Masters to give
Seamen their
Certificates on
their Discharge

XIII. And be it enacted, That upon the Discharge of a Seaman from any Ship, or upon Payment of the Wages to him, he shall receive from the Master, and the

Master

Master is hereby required to give to him, not only his Register Ticket, but also a Certificate of such Seaman's Service and Discharge, in the Form set forth in Schedule (E.) to this Act annexed, specifying the Period of his Service, and the. Time and Place of his Discharge, which Certificate shall be signed by the Master, and if the Master shall not give such Certificate to such Seaman he shall forfeit Penalty for Deand pay to him the Sum of Five Pounds

XIV. And be it enacted, That if Three Days after the Termination of the stipulated Service, or if Three Days after a Seaman shall have been discharged, he shall be desirous of proceeding on another Voyage, and in order thereto, or for any other sufficient Reason, shall require immediate Payment of any Amount of Wages, not exceeding Twenty Pounds, due to him, it shall be lawful for any Justice of the Peace, in and for any Part of Her Majesty's Dominions or the Territories under the Government of the East India Company, where or near to the Port or Place where such Service shall have terminated, or such Seaman shall have been discharged, or the Party or Parties liable shall be or reside, on Application from such Seaman, and on satisfactory Proof that he would be prevented from Employment or incur serious Loss or Inconvenience by Delay, to summon such Party or Parties before him, and if it shall appear to the Satisfaction of such Justice that there is no reasonable Cause for Delay, to order Payment to be made forth with, and in default of immediate Compliance with such Order such Party or Parties shall forfeit and pay to such Seaman, in addition to his Wages, the Sum of Five Pounds.

XV. And be it enacted, That in all Cases of Wages, not exceeding Twenty Pounds, which shall be due and payable to any Seaman, it shall be lawful for any Justice of the Peace in and for any Part of Her Majesty's Dominions or the Territories under the Government of the East India Company, where or near to the Place where the Ship shall have ended her Voyage, cleared at the Custom House, or discharged her Cargo, or where or near to the Place where the Party or either of the Parties upon whom the Claim is made shall be or reside, upon Complaint on Oath made to such Justice by such Seaman, or on his Behalf, to summon such Party or Parties to appear before him to answer such Complaint; and upon the Appearance of such Party or Parties, or, in default thereof, on due Proof of him or them having been so summoned, such Justice is hereby empowered to examine the Parties and their respective Witnesses (if there be any) upon Oath, touching the Complaint, and the Amount of Wages due, and to inspect any Agreement or Copy thereof, if produced, and make such Order for Payment of the said Wages, not exceeding Twenty Pounds, with the Costs incurred by the Seaman in prosecuting such Claim, as shall to such Justice appear reasonable and just; and in case such Order shall not be obeyed within Two Days next after the making

fault.

Masters to have same Remedies for Wages as a Seaman.

Recovery of

Wages.

making thereof it shall be lawful for such Justice to issue his Warrant to levy the Amount of the Wages awarded to be due, by Distress and Sale of the Goods and Chattels of the Party on whom such Order for Payment shall be made, rendering to such Party the Overplus (if any shall remain of the Produce of the Sale), after deducting thereout all the Costs, Charges, and Expences incurred by the Seaman in the making and prosecuting of the Complaint, as well as the Costs and Charges of the Distress and Levy; or to cause the Amount of the said Wages, Costs, Charges, and Expences to be levied on the Ship in respect of the Service on board which the Wages are claimed, or on the Tackle and Apparel thereof; and if such Ship shall not be within the Jurisdiction of such Justice, or such Levy cannot be made, or shall prove insufficient, then he is hereby empowered to cause the Party upon whom the Order shall be made to be apprehended, and committed to the Common Gaol of the District or County, there to remain without Bail until Payment shall be made of the Amount of the Wages so awarded, and of all Costs and Expences attending the Recovery thereof; and the Award and Decision of such Justice as aforesaid shall be final and conclusive.

XVI. And be it enacted, That all the Rights, Liens, Privileges, and Remedies (save such Remedies as are against a Master himself) which by this Act, or by any Law, Statute, Custom, or Usage, belong to any Seaman or Mariner, not being à Master Mariner, in respect to the Recovery of his Wages, shall, in the Case of the Bankruptcy or Insolvency of the Owner of the Ship, also belong and be extended to Masters of Ships or Master Mariners, in respect to the Recovery of Wages due to them from the Owner of a Ship belonging to any of Her Majesty's SubA to Suits for jects; and that no Suit or Proceeding for the Recovery of Wages shall, unless they exceed Twenty Pounds, be instituted against the Ship, or the Master or Owner thereof, either in any Court of Admiralty or Vice Admiralty Court, or any Court of Record in Her Majesty's Dominions, or the Territories under the Government of the East India Company, unless the Owner of the Ship shall be bankrupt or insolvent, or the Ship shall be under Arrest or sold by the Authority of any Admiralty or Vice Admiralty Court, or unless any Magistrate acting under the Authority of this Act shall refer the Case to be adjudged by any such Court or Courts, or unless neither the Owner nor Master shall be or reside at or near the Port or Place where the Service shall have terminated, or where any Seaman shall have been discharged or put on shore.

When Ship is sold at Foreign to be sent home at the Expence

Port, the Crew

XVII. And be it enacted, That whenever any Ship whatever, belonging to any Subject of Her Majesty, shall be sold, transferred, or disposed of at any Port out of Her Majesty's Dominions, in all such Cases (unless the Crew in the Presence of the British Consul or Vice Consul, or in case of there not being any such Conor Owner, and sul or Vice Consul, then in the Presence of One or more British resident Merchants,

of the Master