ORDINANCE No. 8 OF 1879.
Merchant Shipping.
seaman belonging to the crew of any ship, who shall have deserted therefrom, or otherwise absconded, or absented himself from duty, while such ship or vessel is within the waters of the Colony, knowing such seaman to have deserted, absconded, or absented himself from duty, or shall cause, induce, or persuade or endeavour to cause, induce, or persuade any such seaman, in any manner whatsoever to violate, or to attempt or endeavour to violate, any agreement which he may have entered into to serve on board any such ship, or shall knowingly connive at the desertion, absconding, or absence from duty of any such seaman, such person so offending shall, for every such offence, upon conviction thereof before a Stipendiary Magistrate, incur a penalty not exceeding two hundred and fifty dollars, or imprisonment with or without hard labour for any period not exceeding six months.
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serters from ship. [Ibid, sec. 3.]
Harbour Master or
4. The Harbour Master, or his deputy, before granting a port clearance to any ship, may, if he have reasonable grounds for belief that any deserter from a merchant vessel be concealed on board of such ship, proceed on board and then and there require her master to institute due and diligent search for such deserter, and further, if he deem it necessary, require the master to make oath or solemn declaration that to the best of his knowledge and belief, after due and diligent search, no such deserter is concealed within or about his ship; and any master of a ship refusing or unnecessarily delaying to comply with such requisition, shall incur upon conviction, a penalty not exceeding two hundred dollars, and imprisonment until such fine be paid.
Penalty for not complying with such request. [Ordinance of 1852, sec. 11.]
Offences of seamen.
5. Whenever any seaman engaged in any foreign ship commits any of the following offences within the waters of the Colony, he shall be liable to be punished summarily by a Stipendiary Magistrate as follows, 1864, 400. that is to say:-
(a.) For wilful disobedience to any lawful command, he shall be liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit, out of his wages, a sum not exceeding two days' pay;
[See M.S.A. sec. 248.]
Act of disobedience.
(b.) For continued wilful disobedience to lawful commands, or continued wilful neglect of duty, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also, at the discretion of the Court.