As to the Estab-
shall, within Twenty-four Hours of being discharged at the Office of his Consul or Vice-Consul, produce to the Harbour-Master or some Person deputed by him a Certificate of his Discharge, signed by such Consul or Vice-Consul; and no Seaman shall be shipped either for an English or a Foreign Ship, elsewhere than at the Office of the Harbour-Master, who shall charge for every Seaman shipped a Fee of One Dollar, such Fee to be paid in the First Instance by tlie Master of the Ship shipping such Seanian; and such Master shall deduct the same from the Wages of the Seaman shipped; and in every Instance of a Seaman being shipped, the Harbour-Master or such Deputy as aforesaid shall grant a Certificate of Shipment, and before granting such Certificate, shall require such Seaman to lodge with him his Certificate of Discharge from the last Ship, and failing the Production of such Certificate such Seaman shall be bound to give satisfactory Explanation to the Harbour- Master of the Cause of the non-production thereof.
VI. That the Harbour-Master having obtained the Sanction of the lishmentand Re-Chief Magistrate of Police, in every Case shall have Power to license a gulation of Bour-
sufficient Number of fit and proper Persons to keep Boarding-houses ding-houses.
for Seamen, and every such License shall be countersigned by the Colonial Secretary, and shall be granted for such Period not exceeding One Year, and upon such Terms and Security, and shall be renewable upon such Conditions, as the said Colonial Secretary may appoint; and it shall be lawful for the said Colonial Secretary to demand for every such License an annual Fee of Five Pounds Sterling, or at the rate thereof according to the Term of such License; and every such House shall be for the Reception of such Number of Seamen only as shall be expressed in the License, and shall not be granted until there have been constructed in the House to be licensed a suitable Room or Cabin for each Boarder, and a general Room of sufficient Size wherein the Boarders may dine and sit; and no such Boarding-house shall be a House licensed for the Sale of spirituous or fermented Liquors, nor shall any charge for Spirituous or Fermented Liquor be allowed in any account for the amount of which any Seaman may be indebted or stated to be indebted to any Person, and such Boarding-house shall be separated by at least One Intervening House on either Side of it from any House licensed for such Sale as aforesaid, and every such Boarding-house shall be open at all Times to the Visit of any Magistrate, or of the Harbour- Master, or of any Constable specially appointed for the general Service of visiting such Houses, And the Harbour-Master may refuse to grant any such License, and may limit the Number and Description of Seamen to be boarded in each House, and may make Rules (subject however as to this and all other Powers vested in him by this Ordinance, to the Control of the Governor) for the Government of such Houses, and regulate the Charge to be made for Board and Lodging; and a Copy of such Rules in English, Spanish, Portuguese, Hindostance, and Chinese, shall be hung up in each House for the Inspection of the fumates; and the Infraction of any one of such Rules shall subject the Offender in every lustance to a Penalty not exceeding Five Pounds Sterling, and for a second Offence may deprive the Offender, if the Keeper of such House, of his License as an additional Punishment.
house.
for
Penalty
VII. And that if any Person not having obtained a License for keeping an uuli-keeping a Boarding-house for Seamen shall keep one, he shall be censed Boarding liable to a Penalty not exceeding the Sum of Twenty Pounds; and that the Fact of more than one Seaman boarding or House of any Persou, shall be prima facie Proof of the Keeping of a lodging in the Boarding-house for Seamen by such Person. Ordinance contained shall be construed to prevent any Seaman from But nothing in this having the whole or any part of any unfurnished House for the Resi- dence of himself or his Family, and boarding himself therein; and nothing herein contained with reference to Boarding-houses shall apply to Licensed Retailers of spirituous or fermented Liquors until the Time of their present Licenses shall have expired.
&c., &c., of their Inmates.
Duties of Boar VII. That every Keeper of a Boarding-house for Searnen shall ding-house keep-cause daily to be entered in a Book in English, the Naine and Des- ers with respect cription of each additional Seaman who has on that Day come to board to Lists, Returns, or lodge at his House, and the Name of each Seaman who has left his House on that Day after being a Lodger or Boarder therein, and such other Particulars as the Harbour- Master may direct; and every Keeper of a Boarding-house shall, before Ten o'clock in the Morning of Mon- day, Wednesday, and Friday in each Week, send to the Harbour-Master's Office a List copied from his Book of the Seamen on that Day boarding or lodging in his House, and of those Seamen Boarders or Lodgers who left his House on any or either of the intermediate Days, and shall also particularize in such List those Seamen who wish for in- mediate Employment, and place opposite to the Names of those last named, the Names of the Ships from which they were last discharged; and the Harbour-Muster shall keep the Lists so furnished to him constantly in view, and in a conspicuous Part of his Office, for the
Convenience of Masters of Ships requiring Men, and shall also post in
a similar manner, if required so to do, such Notices for the Supply of Men by Masters of Ships as the said Masters shall furnish.
IX. Provided always that nothing in this Ordinance contained Masters and Mates may Board shall prevent Masters or Mates of Ships from Boarding or Lodging and lodge else elsewhere than at Licensed Boarding-houses.
where, than in such Houses.
X. That no Seaman who shall have been actually shipped by the No Seaman Harbour-Master or his Deputy on board any Vessel in compliance with, shipped under this Ordinance, shall, during the Time for which he is then shipped, be this Ordinance liable to be arrested on Civil Process, unless the Debt or Demand shall shall, during the exceed the Sum of Five Hundred Dollars; Provided always that by term for which le is shipped, be the Term Seaman in this Section shall be meant only
a Person who able to arrest has within the space of One Year previously served on board a Ship on Civil Process, for Wages as a Seaman, and that the Protection from Arrest hereby in certain cases. granted shall not be held to extend to any Person or Persons not coming within such Definition.
Harbour Mas- XI. That the Harbour-Master, or Person deputed by the Harbour-
ter or Deputy Master for that purpose, before granting a Port Clearance to any Ship, may, if he have reasonable Grounds for belief that any Deserter may require, be- fore granting a from a Merchant Vessel be concealed on board of such Vessel, proceed Port clearance to on board of such Vessel and then and there require the Master thereof a vessel, the Mas to institute due and diligent Search for such Deserter, and further, if ter thereof to he deem it necessary, require the said Master to make Oath or solemn search for sus- Declaration that to the best of his Knowledge and Belief, after due and pected Deserters, and to make De- diligent Search, no such Deserter is concealed within or about his Ship; claration of such and any Master of a Vessel refusing or unnecessarily delaying to search. comply with such Requisition or Requisitions of the Harbour-Master,
or such deputed Person, shall be liable upon Conviction before any Penalty for not Magistrate to a Fine not exceeding Forty Pounds Sterling, and to complying with Imprisonment until such Fine be paid.
such request.
Penalties for
XII. That any Person who shall forge or alter any Ticket, Certi- ficate, Document, or Matter or Thing named in this Ordinance, shall be forging of Docu- liable to be imprisoned for a Term not exceeding Three Months with nents, and for false Descrip- Hard Labour; and any Seaman or other Person who shall give a false tious and State- Description of his Services, or shew, or make, or procure to be made, ments. any false Character, or shall make false Statements as to the Name of the last Ship in which he served, or as to any other Information which may be required of him by any Person having lawful Authority to demand such Information, shall be liable to a Penalty not exceeding Ten Pounds Sterling.
Manner of re-
XIII. That where no other Mode has been provided, all Pecu- niary Fines under this Ordinance shall be recoverable before any one covering Penal- Magistrate on Summary Proceeding, and if such Fine be not paid, the ties. Amount thereof, with Costs, if any, shall be levied on the Offender's Goods and Chattels; or if the Offenders fail to point out sufficient Goods and Chattels whereon to levy, such Offender may be impri- soned for a Term not exceeding Three Months, and the Magistrate before whom the Case may be heard, may award the whole or any Part of the Fine as a Compensation for Injuries sustained, or as a Reward to any Person who may have been active in the Apprehension
of the Offender.
XIV. That any Infringement of the Provisions of this Ordinance Where no spe- not provided for by any special Penalty, shall subject the Offender to cial Penalty pro- a Penalty not exceeding Ten Pounds Sterling, and that uo Conviction vided for infrin- gement of thisOr- under this Ordinance shall be quashed for want of Form, or be dinance, one not removed by Certiorari into the Supreme Court, and no Warrant of exceeding £10, Committal shall be held void by reason of any Defect therein, so that leviable. Provi- there be a good and valid Conviction to sustain the same,
sion as to want of form on convic- XV. That the Fees levied under this Ordinance be accounted for tion or Warrant ;
to cer-
by the Harbour-Master or any other Person receiving the same to the and as tiorari. Colonial Government in the usual way, and that such Fees be applied Application of
in making the Water Police of the Harbour of Hongkong a more Fees. numerous and effective Body, in adding if necessary to the Establishment attached to the Harbour-Master's Office, and towards providing for the Relief of Sick Seamen in such manner as shall seem proper to the Governor and the Executive Council.
Passed the Legislative Council of Hongkong, this 6th Day of November, 1852.
1. D'ALMADA e Castro, Clerk of Councils,
Lai Ahmada
Clerk of Councils.
WM. JERVOIS.
329
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