CO129-185 - Acting Governor Marsh Governor Hennessy - 1879 [6-12] — Page 258

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

237

8 of 1 of 1862 does not repeal by implication

Section 5 of Ordinance 6 of 1852.

If the master discharges

without

consent of seama

at a Foreign

Vort three

mages must be

one

བ་་་ཀག་

months' wages

must be given,

which is kept by American Government for

a sailor's fund.

Or if the master is guilty of cruelty

get his

the seaman can

discharge

and

three months' pay. (see Parsons Vol: 1.)

Questions of wages are purely for the Consul. Our Courts have jurisdiction but

it is advisable not to exercise it when a

Consul has settled the question of wages.

(signed) D. Kerssell.

Acting Attorney General.

Masters, mates

to possess cer- tificates,

CHAPTER V.

SHIPPING AND DISCHARGE OF SEAMEN.

XIII. The name of a master, first, only or second mate, or first

and engineers or second engineer shall not be attached to the register, or articles

of agreement;

of any British ship, or to any ship registered under [Ordinance 1 of Section III part I of this Ordinance, unless such master, mate, iset, sec. 5.] or engineer shall possess a certificate of service or competency issued by the Board of Trade or by the proper authority in any British Possession.

No British

to sea without certificate of

mate.

2. No British or Colonial registered ship shall leave the waters ship to proceed of the Colony unless the master thereof, and the first and second or only mate have obtained and possess valid certificates of com- the master and petency or service appropriate to their several stations in such ship, or of a higher grade, and no such ship if of one hundred tons [See M. 8. A. burden or upwards, shall leave the waters as aforesaid, unless at 1854, sec. 136.]

least one officer, besides the master, has obtained, and possesses a valid certificate appropriate to the grade of ouly mate therein, or to a higher grade.

Steam-ships to

to carry certificated engineers.

See M. 9. A 1882, scc. 5.

Shipping of Reamed,

(Ord, of 1862,

see. 3.)

Master shall

discharged in

cate of dis-

3. Every British or Colonial registered steam-ship of one hun- dred nominal horse power or upwards, leaving the waters of the Colony shall have as its first and secoud engineers, two certificated engineers, the first possessing a "first class engineer's certificate," and the second possessing a "second class engineer's certificate," or a certificate of the higher grade.

4. No seaman shall, except with the Harbour Master's sanction,

The Syl

Leurne Forrep

Slutt

he shipped to do duty on board any merchant ship, whatever else i es tut merly, where than at the office of the Harbour Master, who shall charge - Suretment. It is believe

for every seaman shipped, a fee of one dollar, such fee paid,

in the first instance, by the master of the ship shipping such, Mixed and useful though,

seaman; and such master shall deduct the same from the wages of

doing

ایی

the seaman shipped; and the Harbour Master shall requre so far beyond the furterial. 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 canse of the non-production thereof.

5. Whenever any seaman shall be discharged from any give to seaman ship within the Colony, the master of such ship shall give, at the Colony certifi tinie of such discharge, to such seaman a written certificate of discharge, specifying the time and nature of service, and the time charge, sud, if of discharge of such seaman, signed by himself; and if such required, an ac- seaman require it, shall further give him, within twenty-four count of wages, hours after demand, a true account in writing of the wages of

(Ordinance of

1852, s. 2) such seaman, and of all deductions therefrom.

As to the dis- 6. No seaman shall be discharged from an English ship, charge of

or any foreign ship whose flag is not represented by a Consular officer resident in the Colony, elsewhere than at the Harbour (ibid, sec. 5.) Master's office, and every seaman discharged from a foreign

germen.

Seamen to be

discharged

only by per-

ship so represented, 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.

7. No master of any ship shall discharge or force there- from, or wilfully or negligently leave behind him, in this Colony, mission of Har any seaman shipped on board thereof, unless on a certificate froin tour Master, the Harbour Master, or other person appointed to grant the same, (Ordinance

(and who shall have power to withhold, or grant the same, as he No. 1 of 1862, shall see fit), under a penalty not exceeding twenty-five dollare: e. ૐ.

and if any seaman shall wilfully or negligently remain in the Colony, after the departure of the vessel in which he shall have shipped, such sea..an shall, on conviction, he subject to a penalty not exceeding twenty-five dollars, or be imprisoned for a term not ▼ exceeding one month, with or without bard labour.

sation, owiba

14th August, 1879.

C.

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