MERCHANT SHIPPING.

No. 10 of 1899.

959

section 238 of the Merchant Shipping Act, 1894, shall apply, any Court, Justice, or officer who would have had cognizance of the matter if the seaman or apprentice had deserted from a British ship shall, on the application of a consular officer of the foreign country, aid in apprehending the deserter, and for that purpose may, on information given upon oath, issue a warrant for his apprehension, and, on proof of the desertion, order him to be conveyed on board his ship or delivered to the master or mate of his ship, or to the owner of the ship or his agent, to be so conveyed; and any such warrant or order may be executed accordingly. If any person harbours or secretes any deserter liable to be apprehended under this sub-section, knowing or having reason to believe that he has deserted, he shall for each offence, on summary conviction before a Stipendiary Magistrate, be liable to a fine not exceeding 100 dollars.

(2) It shall be lawful for a Stipendiary Magistrate, on complaint of the master of any British ship to the effect that he has reasonable cause to believe that any seaman who has deserted while such ship is within the waters of the Colony is harboured, secreted, or concealed, or suspected to be harboured, secreted, or concealed, on board any other ship, boat, or other vessel or in any house or place whatsoever, to issue a warrant directing a constable to search such ship, boat, or other vessel, or such house or place, and to lodge such seaman in any police station; and every such seaman shall, with all convenient speed, be brought before a Stipendiary Magistrate, to be dealt with as is hereinbefore directed.

(3) If any person harbours, conceals, employs, or retains, or assists in harbouring, concealing, employing, or retaining, any seaman belonging to the crew of any British ship who has deserted therefrom or otherwise absconded or absented himself from duty, while such ship is within the waters of the Colony, knowing such seaman to have deserted, absconded, or absented himself from duty, or causes, induces, or persuades, or endeavours 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 knowingly connives at the desertion, absconding, or absence from duty of any such seaman, such person so offending shall for every such offence, on summary conviction before a Stipendiary Magistrate, be liable to a fine not exceeding 250 dollars, or to imprisonment for any term not exceeding 6 months.

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