531
No. 10 of 1899.
19
18
Death or desertion to be reported.
Penalty on master for
tion of ship.
No. 10 of 1899.
MERCHANT SHIPPING.
(7) In the event of the death of any of the crew, passengers, or other persons on board of any ship in the waters of the Colony, or of the desertion of any of the crew of any British or colonial ship or of any foreign ship whose flag is not represented by a consular officer resident in the Colony, or in the event of the death of any of the crew, passengers or persons on board of any ship in the course of a voyage to the Colony, the master of such ship shall, forthwith or on the arrival of the ship in the Colony, as the case may be, report the same to the Harbour Master, and, in default, shall be liable to a fine not exceeding 25 dollars for every death or desertion which be may neglect to report.
(8) If any ship carrying passengers from any port or place to any Elthy condi- port or place in the Colony is found, on its arrival in the Colony, to be in a filthy and insanitary condition, the master of the ship shall, on summary conviction before a Stipendiary Magistrate, be liable to a fine not exceeding 500 dollars. It shall be the duty of the Health Officer of the Port to inspect every such ship on its arrival in order to ascertain the sanitary condition thereof.
Scaruan or apprentice deserting may be apprehended and put on
board vessel belongs, oto.
to which Le
Discipline.
9-(1)(a) If any seaman or apprentice belonging to the crew of any British ship deserts therefrom or absents himself from his duty while the ship is within the waters of the Colony, it shall be lawful for any police officer, or for the master or person in charge of the ship, or for any one specially deputed by such master or person in charge to arrest such seaman or apprentice without warrant and convey him before a Stipendiary Magistrate; and in case such seaman or apprentice refuses to return to his duty on board the ship or does not give a sufficient reason for such refusal, the Stipendiary 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 be can be put on board the ship at her departure from 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 3 months.
(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
• As amended by No. 2 of 1903, No. 80 of 1911, No. 61 of 1911,
No. 16 of 1912, No. 17 of 1912 and No. 21 of 1912.
MERCHANT SHIPPING.
section 238 of the Merchant Shipping Act, 1894, shall apply, any [9.9 Court, Justice, or officer who would have had cognizance of the cond] matter if the seaman or apprentice lind 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 in- formation 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. If any person har- bours or secretes any deserter liable to be apprehended under this sub-section, knowing or having reason to believe that he has desert- ed, he shall for each offence, on summary conviction before a Stipendiary Magistrate, be liable to a fine not exceeding 100 dollars.
(2) It shall be lawful for a Stipendiary Magistrate, on complaint Ship or house
inay ba of the master of any British ship to the effect that he has reasonable searched for cause to believe that any seaman who has deserted while such ship deserter. is within the waters of the Colony is harboured, secreted, or conceal- ed, or suspected to be harboured, secreted, or concealed, on board any other ship, boat, or other vessel or in any house or place whatso- ever, 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 Stipendiary Magistrate, to be dealt with as is hereinbefore directed.
person
(3) If any person harbours, conceals, employs, or retains, or Penalty on assists in harbouring, concealing, employing, or retaining, any boring seaman belonging to the crew of any British ship who has deserted deserter. 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 himself from duty, or causes, induces, or persuades, or endeavours to cause, induce, or persuade, any such seaman in any manner whatsoever to violate, or to attempt or endeavour to violate, any agreement which he may have entered into to serve on board any such ship, or knowingly connives at the desertion, absconding, or absence from duty of any such seaman, such person so offending shall for every such offence, on summary conviction before a Stipendiary Magistrate, be liable to a fine not exceeding 250 dollars, or to insprisonment for any term not exceeding 6 months.
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