Persons not vessels before at place of discharge without permission. Penalty for soliciting sailors to become lodgers in houses of unlicensed advance not for any part of the wages of any seaman hired engaged supplied or provided to be entered on board the said ship until six hours after the ship's articles have been duly signed by the said seaman and by the master or owner of the said ship and then only to the said seaman himself unless such wages or advance of wages be paid in money in which case the payment thereof may be made to the said seaman himself at any period most convenient after the signing of the said ship's articles as aforesaid and all payments of wages contrary to the provisions of this Act shall be and are hereby declared to be null and void and the amount thereof shall be recoverable by the said seaman as if they had not been paid or advanced. 8.* 9. It shall not be lawful for any person (other than any officer or person in Her Majesty's service or employment) to go and be on board any merchant vessel arriving or about to arrive at the place of her destination before or previous to her actual arrival at the wharf or quay or other place of her discharge without the permission and consent of the master or person in charge of the said vessel and if any person (other than as aforesaid) shall go and be on board any such vessel before or previous to her actual arrival as aforesaid without the permission and consent of the said master or person in charge of the said vessel he shall for every such offence forfeit and pay a sum of money not exceeding twenty pounds. and for the better securing the person of such offender the master or person in charge of the said vessel is hereby authorised and empowered to take any person so offending as aforesaid into custody and to deliver him up forthwith to any constable or peace officer to be by him taken before a Justice or Justices to be dealt with according to the provisions of this Act. 10. If any person shall on board any merchant ship within twentyfour hours of her arrival at any port as aforesaid solicit any seaman to become a lodger at the house of any person not so licensed as aforesaid and letting lodgings for hire or shall take from and out of such ship any chest bedding or other effects of any seaman except under the personal direction of such seaman and without having the permission of from on board. the master or person in charge of such ship he shall be liable to forfeit and pay for every such offence the sum of five pounds. persons or removing sailors' effects Penalty for seamen. 11. If any person shall demand and receive of and from any seaman payment in respect of his board or lodging in the house of such person for a longer period than such seaman shall have actually resided and boarded therein or shall receive or take into his possession or under his control any moneys documents or effects of any seaman and shall not return the same or pay the value thereof when required so to do by such seaman after deducting therefrom what shall be justly due and owing in respect of the board and lodging of such seaman he shall forfeit and pay a sum not exceeding ten pounds over and above the amount or value of such moneys documents or effects after such deductions as aforesaid which shall be adjudged to be forthwith paid to such seaman under the conviction by the Justices before whom such offence shall be heard and determined. Section 8 licenses to persons to procure seamen for merchant ships) repealed by section 1 of the Act of 1853, infra, this title. For further provisions as to lodging-houses, see sections 31 et seq. of the Act of 1853, infra, this title. 12. All penalties and forfeitures imposed by this Act shall and may Recovery and be recovered with costs by summary proceedings before any two Justices application of penalties. of the Peace residing in or near to the place where the offence shall be committed or where the offender shall be and if the sum imposed as a penalty or adjudged to be paid as aforesaid by any such Justices shall not be paid either immediately after the conviction or within such reasonable time as such Justices shall at the time of the conviction appoint it shall be lawful for the Justices to commit the offender or offenders to the common gaol or house of correction there to be imprisoned only or to be imprisoned and kept to hard labor according to the discretion of such Justices for any term not exceeding six calendar months the commitment to be determinable upon payment of the amount and costs and all such penalties and forfeitures shall be paid and applied in manner following that is to say one moiety of such penalty shall be paid to the informer or person upon whose discovery or information the same shall be recovered and the residue thereof shall be paid to Her Majesty Her Heirs and Successors for the public uses of the said Colony and in support of the Government thereof and shall be applied thereto in such manner as shall be directed by any Act to be passed by the Governor and Legislative Council. Provided always that in all cases of complaint made by or on behalf of any seaman under this Act the evidence of such seaman shall be received and taken notwithstanding he may be interested in the matter Provided also that such seaman shall not in any such case where he shall have been so examined receive any part of any penalty to be imposed but only such sum as the Magistrates before whom the case shall be heard shall adjudge him to receive for any moneys or effects which shall appear to have been deposited by him with any such person as aforesaid. 13. The Justices before whom any person shall be summarily con- Form of victed of any offence against this Act may cause the conviction to be conviction. drawn up in the following form of words or in any other form of words to the same effect as the case shall require that is to say "Be it remembered That on the 66 66 66 44 in the year of our Lord day of at in the Colony of New South Wales* [as the said sums of "Queensland" substituted, “ Supreme Court Act of 1867" (31 Vic. No. 23), s. 36, title Supreme Court. No certiorari &c. Explanatory clause. 66 Merchant Seamen. for the space of 13 Vic. No. 28, unless the said sum shall be sooner paid [or and we order that the shall be paid by the said A.0. day of said sums of "on or before the ] part of the for "and we direct that the sum of Colony and in support of the Government thereof as by law "directed. Given under our hands the day and year first 66 above-mentioned." 14. No such conviction shall be quashed for want of form or be removed by certiorari or otherwise into any of Her Majesty's superior courts of Record and no warrant of commitment shall be held void by reason of any defect therein provided it be therein alleged that the party has been convicted and there be a good and valid conviction to sustain the same. 15. The words "merchant ship" inserted in this Act shall be understood to include every description of sea-going trading or passage vessel lying and being within the limits of the Colony of New South Wales* and the term "Governor" shall be deemed and taken to mean the Governor for the time being or the officer administering the Government of the Colony and the term "Executive Council" shall be deemed and taken to mean the Officers acting in that behalf by authority of Her Majesty. THE MERCHANT SEAMEN ACT OF 1849. 13 Vic. No 25. An Act to amend and consolidate the Laws relating to THE MERCHANT SEAMEN ACT OF 1849.t Preamble. 7 & 8 Vic. 112. Seamen in the Merchant Service of the Colony of New South Wales* and for keeping a Register of Seamen belonging to Ships registered in the said Colony.‡ [ASSENTED TO 2ND OCTOBER, 1849.] "HEREAS the provisions of an Act of Parliament passed in the seventh and eighth year of the reign of Her present Majesty Queen Victoria intituled An Act to amend and consolidate the Laws relating to Merchant Seamen and for keeping a Register of Seamen” do not apply to ships belonging to the Colony of New South Wales or to the crews of such ships while such ships shall be within the precincts of the said Colony And whereas the provisions of the said Act do not extend to such ships or crews even when such ships are without the precincts of the said Colony so far as the same relate to agreements register tickets and apprentices Queensland" substituted, "Supreme Court Act of 1867" (31 Vic No. 23), s. 36, title Supreme Court. + Short title given, 3 Edw. VII. No. 10, s. 8 (1), title Acts. So much of this Act as relates to certificates of seamen's discharges and their register tickets is repealed by section 1 of the Act of 1853 infra, this title. And whereas it is expedient to amend and consolidate the laws relating to crews of vessels registered in the said Colony Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof 17 sec. of That from and after the passing of this Act an Act of the said Governor and Council passed in the second year of the reign of His late Majesty King William the Fourth intituled "An Act for the better regu- 2 w.. IV. lation and government of Seamen in the Merchant Service in the Colony No. 10 and of New South Wales and for the protection of Masters and Ships from Vic. No. 21 rezatious suits in the said Colony" and also so much of an Act of the repealed. said Governor and Council passed in the seventh year of the reign of Her said Majesty intituled "An Act to amend an Act for the further and better regulation and government of Seamen within the Colony of New South Wales and its Dependencies and for the establishment of a Water Police" as is contained in the seventeenth section thereof shall be and the same are hereby repealed Provided always that all offences which shall have been committed and all penalties and forfeitures which shall have been incurred previously to the commencement of this Act shall and may be punishable and recoverable under the said recited Acts respectively in the same manner as if this Act had not been passed. authority or without a certificate of discharge being obtained from such seaman. 2. It shall not be lawful for any master of any ship or vessel of No seaman to whatever tonnage or description belonging to any subject of Her Majesty sea without and registered in the Colony of New South Wales* proceeding to parts a written beyond the seas or of any ship registered in New South Walest of the burden of eighty tons or upwards employed in the coasting trade of the said Colony to carry to sea any seaman or other person to act in the capacity of seaman as one of his crew or complement (apprentices [7 & 8 Vic. excepted) unless the master of such ship or vessel shall have first made č. 112 s. 2.] and entered into an agreement in writing with such seaman specifying what wages such seaman is to be paid the quantity of provisions he is to receive the capacity in which he is to act or serve and the nature of the voyage in which the ship is to be employed so that such seaman may have some means of judging of the period for which he is likely to be engaged and such agreement shall be properly dated and shall be signed by such master in the first instance and by the seamen respectively at the port or place where they shall be shipped and such agreement shall be in the manner and form of the Schedule to this Act annexed marked A provided the vessel is intended to be engaged as a trader or on [Schedule A.] coasting voyages but should the vessel be intended to be employed in a whaling sealing or other voyage in which the crew are to participate in the profits of the voyage and are to receive a proportion or lay in the room of monthly wages such agreement shall be in the form of the Schedule to this Act annexed marked B and the master shall cause [Schedule B.] the said agreement to be read over and distinctly explained to every such seaman in the presence of a witness before such seaman shall execute the same and such witness shall duly attest the same and it shall not be lawful for the master of any ship to carry to sea any seaman until he shall have first obtained from such seaman a certificate of his discharge from his former vessel countersigned by the Queensland" substituted, "Supreme Court Act of 1867" (31 Vic. No. 23), s. 36, title Supreme Court. Penalty for c. 112 s. 4. or if agreement shall not have been read to seaman or for refusing to grant discharge. Seaman not to No agreement and certified copy to be evidence. Seaman not bound to produce agreement. principal executive officer of the Water Police or a permission in writing from such officer to employ himself which certificate or permission the said master is hereby required to return to the Water Police Office and at the termination of the service for which such seaman shall have agreed the said master is hereby required to grant him a fresh discharge. 3. If any master or owner of any such ship shall carry out to sea any seamen (apprentices excepted) without having nrst entered into the required agreement with such seamen or if any such master shall not obtain from any seaman his certificate of discharge according to the provisions of this Act such master shall in every such case forfeit and pay a sum not exceeding ten pounds for or in respect of every such seaman and if any master or owner shall neglect to cause such agreement to be read over and explained to such seaman before the signing or execution thereof by such seaman the said master or owner shall for each neglect forfeit and pay a sum not exceeding five pounds for every such seaman and if any master or owner shall refuse to give such seaman when entitled to receive the same a certificate of discharge from his service when such period of service shall have terminated such master shall forfeit and pay for every such offence a sum not exceeding five pounds. 4. No seaman of any such ship by reason of any agreement shall forfeit his lien upon the ship nor be deprived of any remedy for the recovery of his wages to which he would otherwise be entitled against any person or persons whatever and no agreement contrary to or inconsistent with this Act nor any clause contract or engagement whereby any such seaman shall consent or promise to forego or give up any right or claim to wages in the case of freight earned by a ship subsequently lost or any right or claim to salvage or reward for salvage services or such proportion of salvage or reward for salvage services as shall or may be due to him by decree or award or otherwise shall be valid or binding on such seaman and every copy of an agreement so certified and delivered as aforesaid shall in all cases be received and taken as evidence of the contents. of the agreement for and on behalf of the seaman and no seaman shall in any case be required to produce such agreement or such copy as aforesaid or to give notice for the production thereof but in case the agreement shall not be produced and proved he shall be at liberty to prove the contents or purport thereof or to establish his claim by other evidence according to the nature of the case. 5. In prosecuting any offence or suing for any penalty under this Act seaman may be it shall not be necessary for the purpose of proving the execution of any agreement to call any subscribing or attesting witness or witnesses thereto or to account for the absence or to prove the handwriting of any such subscribing or attesting witness or witnesses but that every such agreement may be proved in the like manner as if there were no subscribing or attesting witness or witnesses thereto. How agreement entered into by proved. Seamen 6. In case any seaman of or belonging to any such ship whether before the commencement or during the progress of any voyage shall at any time neglect or refuse to join the ship on board of which he shall have engaged to serve or shall refuse to proceed to sea in such ship or shall refuse to perform the necessary duty for which he shall have engaged or shall refuse to obey any lawful command of any master or |