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Certificate

as to agreements

with crew

upon the discharge of the crew, whichever first happens, deliver his agreement with the crew (d) to the superintendent (e), and the superintendent (e) shall give the master (f) a certificate of that delivery; and an officer of customs shall not clear the ship inwards until the certificate of delivery is produced, and if the master (ƒ) fails (9) without reasonable cause so to deliver the agreement with the crew (d), he shall for each offence be liable to a fine not exceeding five pounds (h).

119.-(1.) The master (f) or owner of a home-trade ship (f) of more than eighty tons burden (i) shall within twenty-one days after the thirtieth day of June and the of home thirty-first day of December in every year deliver or transmit to a superintendent (e) in the United Kingdom every agreement with the crew (d) made for the ship (ƒ) within six months next preceding those days respectively.

trade

ships.

1854, s. 162.

Copy of agreement

(2.) The superintendent (e) on receiving the agreement shall give the master (ƒ) or owner of the ship a certificate to that effect, and the ship shall be detained (k) unless the certificate is produced to the proper officer of customs.

(3.) If the master (f) or owner (1) fails (g) without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding five pounds (h).

120.--(1.) The master (f) shall at the commencement of to be made every voyage or engagement cause a legible copy of the accessible agreement with the crew (d), (omitting the signatures,) to be posted up in some part of the ship which is accessible to the crew.

to crew. 1854, s. 166.

Forgery, &c., of

(2.) If the master (f) fails (g) without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding five pounds (h).

121. If any person fraudulently alters, makes any false

(d) § 113.

(e) Cf. §§ 247, 742.

(f) Defined, § 742.

(g) By § 742, includes "refusal."
(h) Mode of recovery, see §§ 680-
684; application of fine, §§ 699, 716.
(2) A ship of 80 tons must have

an agreement with the crew under § 113, but under this section need not transmit it.

(k) For method of detention, see $ 692.

(1) Includes persons having an equitable interest (see § 58).

with crew.

entry in, or delivers a false copy of, any agreement with agreethe crew (m), that person shall in respect of each offence be ments guilty of a misdemeanor, and if any person assists in com- 1854, s. mitting or procures to be committed any such offence, he 164. shall likewise in respect of each offence be guilty of a misdemeanor (n).

agree

with crew.

122. Every erasure, interlineation, or alteration in any Alteraagreement with the crew (m) (except additions made for the tions in purpose of shipping substitutes (0) or persons engaged after ments the first departure of the ship) shall be wholly inoperative(p), 1854, s. unless proved to have been made with the consent of all 163. the persons interested in the erasure, interlineation, or alteration, by the written attestation (q) (if in Her Majesty's dominions) of some superintendent (r), justice, officer of customs, or other public functionary, or elsewhere, of a British consular officer (s), or where there is no such officer, of two respectable British merchants.

not to be

123. In any legal or other proceeding a seaman (t) may Seamen bring forward evidence to prove the contents of any agree- bound to ment with the crew (m) or otherwise to support his case (u), produce without producing, or giving notice to produce the agreement. ment or any copy thereof.

agree

1854, s.

165.

ment of seamen in

124.-(1.) With respect to the engagement of seamen (t) Engageabroad, the following provisions shall have effect:Where the master (t) of a ship (t) engages a seaman (†) colonial in any British possession (x) other than that in which the eign ports. ship is registered or at a port (t) in which there is a 1854, ss.

(m) § 113.

(n) Procedure, see §§ 680-684; application of fine, §§ 699, 716. (o) § 115, 8. 4.

(p) Applied in The Saltburn (1894), 6 R. 54, to invalidate a stamped addition to the agreement with the crew, not proved to have been added with their consent. In this case also a column of the agreement, filled up after the crew signed, was rejected. (g) As to proof, see § 694. (r) Cf. §§ 247, 742.

(8) Int. Act, 1889, § 12, s. 20.

(t) Defined, § 742.

(u) Usages or oral agreements not in the written agreement cannot be proved :- - Elsworth V. Woolmore (1803), 5 Esp. 84; The Isabella (1799), 2 C. Rob. 241; but see The Nonpareil (1864), Br. & L. 355, where evidence of English usage as to the exchange value of a dollar was admitted. For an oral agreement, where agreement with crew never signed, see Re Great Eastern S.S. Co. (1885), 5 Asp. M. C. 511.

(x) Int. Act, 1889, § 18, s. 2.

and for

159, 160.

Agree

ments with lascars.

1854, s. 544. 18 & 19 Vict. c. 91, s. 23, 24.

4 Geo. IV. c. 80, ss. 27, 28.

British consular officer (y), the provisions of this Act respecting agreements with the crew made in the United Kingdom (:) shall apply subject to the following modifications:

(a.) in any such British possession (a) the master (b) shall
engage the seaman (b) before some officer being either a
superintendent (e) or, if there is no such superin-
tendent, an officer of customs;

(b.) at any port (b) having a British consular officer (),
the master (1) shall, before carrying the seaman (1) to
sea, procure the sanction of the consular officer (y),
and shall engage the seaman (b) before that officer;
(c.) the officer shall endorse upon the agreement an
attestation () to the effect that the agreement has been
signed in his presence and otherwise made as required
by this Act (z), and also, if the officer is a British
consular officer (y), that it has his sanction, and if the
attestation is not made, the burden of proving that
the engagement was made as required by this Act
shall lie upon the master (b).

(2.) If a master (b) fails (e) to comply with this section he shall be liable for each offence to a fine not exceeding five pounds (f).

Agreements with Lascars.

125.-(1.) The master (b) or owner (g) of any ship, or his agent, may enter into an agreement with a lascar, or any native of India (h), binding him to proceed either as a seaman (1) or as a passenger (i) :—

(a.) to any port (b) in the United Kingdom, and there to enter into a further agreement to serve as a seaman (b) in any ship (b) which may happen to be there, and to be bound to any port (b) in British India (h); or

(y) Int. Act, 1889, § 12, s. 20.
(z) §§ 113-123.

(a) Int. Act, 1889, § 18, s. 2.
(b) Defined, § 742.
(c) Cf. §§ 247, 742.

(d) How proved, see § 694.
(e) Includes refusal, § 742

(f) How recovered, see $$ 680684; how applicable, §§ 699, 716. (g) Includes persons with equitable interests, § 58.

(h) Defined, Int. Act, 1889, § 18, s. 4. (i) Cf. § 267.

(b.) to any port (k) in the Australian colonies (1), and there to enter into a further agreement to serve as a seaman () in any ship (k) which may happen to be there, and to be bound to the United Kingdom or to any part of Her Majesty's dominions.

(2.) The original agreement shall be made in such form, and contain such provisions, and be executed in such manner, and contain such conditions for securing the return of the lascar or native to his own country and for other purposes, as the Governor-General of India in Council or the Governor in Council of any Indian Presidency in which the agreement is made may direct.

(3.) Where any lascar or native bound by the original agreement is, on arriving in the United Kingdom or one of the said colonies (), as the case may be, required to enter into such further agreement as aforesaid, some officer appointed for the purpose in the United Kingdom by a Secretary of State (m) in Council of India, or in any such colony by the Governor (n) of the colony (1), may, on the payment of such fee not exceeding ten shillings, as a Secretary of State (m) in Council of India or the Governor (n) may direct, certify,

(a.) that the further agreement is a proper agreement

in all respects for the lascar or native to make, and is in accordance with the original agreement; and (b.) that the ship () to which the further agreement

relates is in all respects a proper ship for the lascar or native to serve in and also where the ship is in one of the said Australian colonies (), that it is properly supplied with provisions; and

(c.) that there is not, in his opinion, any objection to the full performance of the original agreement;

and thereupon the lascar or native shall be deemed to be engaged under the further agreement and to be for all purposes one of the crew of the ship (k) to which it relates, and the lascar or native shall, notwithstanding a refusal

(k) Defined, § 742.

(1) "Colony

1889, § 18, s. 3.

defined, Int. Act,

(m) Int. Act, 1889, § 12, s. 3.
(n) Ibid. § 18, s. 6.

4 Geo. IV. c. 80.

Rating of

scamen.

43 & 44

Vict. c. 16,

s. 7.

to enter into the further agreement, be liable to the same consequences, and be dealt with in all respects in the same manner, as if he had voluntarily entered into the

same.

(4.) The master (o) of every ship (0) arriving at a port (0) in the United Kingdom, which has or during any part of her voyage has had on board a lascar or any native of India (p) either as one of her crew or otherwise, shall exhibit to the officer of customs, or to such person as the Board of Trade may authorize in that behalf, a statement containing a list and description of all lascars or natives of India (p) who are, or have been, so on board, and an account of what has become of any lascar or native of India (p) who at any time during the voyage has been, but is not then, on board, and the ship shall not be cleared inwards until the statement is exhibited, and if the master (o) fails (q) to exhibit such statement he and the owner (r) of the ship (0) shall be liable jointly and severally to a fine not exceeding ten pounds (s) for every lascar or native of India (p) in respect of whom the failure (q) takes place.

(5.) Nothing in this section shall affect any provisions which are unrepealed (t) of the Act of the fourth year of the reign of King George the Fourth, chapter eighty, intituled, "An Act to consolidate and amend the several laws now "in force with respect to trade within the limits of the "charter of the East India Company, and to make further "provision with respect to such trade."

Rating of Seamen.

126.-(1.) A seaman (o) shall not be entitled to the rating of A.B., that is to say, of an able-bodied seaman (u), unless

(0) Defined, § 742.

(p) Defined, Int. Act, 1889, § 18,

s. 4.

(q) Includes refusal, § 742.
(r) Includes persons with equitable
interests; § 58.

(8) How recovered, see §§ 680-
684; how applicable, §§ 690, 716.

(t) Very little of this Act is unrepealed. Sections 1-24 were repealed by 36 & 37 Vict. c. 91. Sec

tions 29, 30 were repealed as to England by 47 & 48 Vict. c. 43. Sections 27, part of 28, and 34, are repealed by the 22nd schedule to this Act. Sections 25, 26, part of 28, 29, and 30 in part, 31, 32, and 33, remain in force, except in so far as repealed by 3 & 4 Will. IV. c. 93, § 1. (u) This does not affect ratings obtained before August 2, 1880. See § 746, s. 3.

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