18
No. 10 of 1899.
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MERCHANT SHIPPING.
MERCHANT SHIPPING.
No. 10 of 1899.
10
[8.9 contd.] 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 Viet. c. 60, s. 238.
Ship or house may be searched
for deserter.
Penalty on person
harbouring 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 con- cealed, 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.
(3) Every person who-
(a) 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 [s. 9 contd.] himself from duty; or
(b) causes, induces or persuades, or attempts to cause, induce or persuade, any such seaman in any manner whatsoever to violate or to attempt to violate any agreement which he may have entered into to serve on board any such ship; or
(c) knowingly connives at the desertion, absconding or absence from duty of any such seaman,
shall be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any term not exceeding six months.
declaration
(4) The Harbour Master, before granting a port clearance Harbour
Master to any ship, may, if he has reasonable grounds for believing that
may require any deserter is concealed on board such ship, proceed on board master to thereof, and then and there require the master to institute due search for suspected and diligent search for such deserter, and further, if he deems deserters, it necessary, require the master to make a statutory declaration and to make that to the best of his knowledge and belief, after due and of search. diligent search, no such deserter is concealed within or about his ship; and every master of a ship who refuses or unnecessarily delays to comply with such requisition shall be liable to a fine not exceeding two hundred dollars; and every master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.
(5) Every Seaman lawfully engaged, and every apprentice Offences to the sea service, who commits any of the following offences against
discipline. within the waters of the Colony, shall be liable to be punished as follows:—
(a) if he deserts from his ship, he shall be guilty of the 57 & 58 Vict. offence of desertion, and be liable to forfeit all or any part of c. 60, s. 221. the effects which he leaves on board and of the wages which he has then earned and also to satisfy any excess of wages properly paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment for any term not exceeding twelve weeks;
(b) if he neglects, or refuses without reasonable cause, to join his ship or to proceed to sea in his ship, or is absent without leave at any time within twenty-four hours of the ship's
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