12
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Offences against disciplina,
(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 agreC- ment 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 able to a fine of five hundred dollars or to imprison- ment for six months.
[9(3)
(5) The Director before granting a port clearance to any ship may, if he has reasonable grounds for believing that any deserter is concealed on board such ship, proceed on board there- of, and then and there require the master to institute due and diligent search for such deserter, and further if he deems it neces- sary require the master to make a statutory 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. Any master of a ship who refuses or unnecessarily delays to comply with such requisition shall be liable to a fine of five hundred dollars, and any master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.
[9(4)
16. (1) Any seaman lawfully engaged and any apprentice to the sea service who commits any of the following offences 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 offence of desertion and be liable to forfeit all or any part of 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 shall be liable to imprisonment for 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 sailing from the Colony, either at the com- mencement or during the progress of a voyage, or is absent at any time without leave and without sufficientl reason from his ship or from his duty, he shall, if the
offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave and be liable to forfeit out of his wages a sum not exceeding two days pay, and in addition, for every twenty-four hours of absence, either a sum not exceeding six days pay or any expenses properly in- curred in hiring a substitute, and shall be liable to im- prisonment for ten weeks;
(c) if he quits his ship without leave after the ship's arrival and before the ship is placed in security he shall be fiable to forfeit out of his wages a sum of one months pay:
(d) if he is guilty of wilful disobedience to any lawful com- mand he shall be liable to imprisonment for four weeks and also to forfeit out of his wages a sum of two days pay;
(e) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty he shall be liable to Imprisonment for twelve weeks, and also at the discretion of the court to forfeit for every twenty-four bours continuance of disobedience or neglect either a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute;
() if he assaults the master or any mate or certificated engineer of the ship he shall be liable to imprisonment for twelve weeks;
(g) if he combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the naviga- tion of the ship or the progress of the voyage, he shall be liable to imprisonment for twelve weeks; and
(k) if he wilfully damages the ship, or embezzles or wilfully damages any of the stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also at the discretion of the court to imprisonment for twelve weeks:
Provided that, in the case of a foreign ship, the magistrate may only deal with cases arising out of the offences mentioned in paragraphs (d), (e), (f) and (g): Provided also that, if there is a consular officer of the nation to which such ship belongs resident in the Colony, the magistrate shall not deal with any case unless he is requested to do so by such officer in writing and unless such officer undertakes that any such seaman shall not become a charge on the Colony in consequence of being so dealt with.
[9(6)