930

No. 10 of 1899.

MERCHANT SHIPPING.

[s, 9 could.] does not give a sufficient reason for such refusal, the magistrate may order such seaman or apprentice to be put forcibly on board the ship or to be confined in any gaol or other place of security within the Colony, for any period, until he can be put on board the ship when the ship leaves the port or until he is demanded by the master of the ship: Provided always that the said period of confinement shall not, in the absence of such departure or demand, exceed three months.

57 & 58 Vict. c. 60, s. 238.

Ship or house may be deserter.

(b) If any seaman or apprentice deserts, when within the waters of the Colony, from a merchant ship belonging to a subject of any foreign country to which an Order in Council has declared that 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. Every person who harbours or secretes any deserter liable to be apprehended under this sub-section, knowing or having reason to believe that he has deserted, shall be liable to a fine not exceeding one hundred dollars.

(2) It shall be lawful for a 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 magistrate, to be dealt with as is hereinbefore directed.

Penalty on person harbouring deserter.

(3) Every person who—

(a) harbours, conceals, employs or retains, or assists in harbouring, concealing, employing or retaining, any seaman

Share This Page