CO129-608-7 Future policy- Report on Port Administration by Sir David Owen 24-2-1941 - 24-2-1941 — Page 308

10

No. 10 of 1899.

MERCHANT SHIPPING.

333

MERCHANT SHIPPING.

No. 10 of 1899.

I I

[s. 5 contd.] to produce to 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.

Agreement

to be made

for seamen.

(3) The master of every British ship, and of every foreign ship whose flag is not represented by a consular officer resident 57 & 58 Vict. in the Colony, shall enter into an agreement with every seaman whom he engages in the Colony, and carries to sea as one of his crew, in the form and manner provided by the Merchant Shipping Acts:

c. 60, s. 113.

Penalty for

shipping without

agreement. 57 & 58 Vict. c. 60, s. 113.

Fees

payable on

engagement

and

discharge.

Regulations Table I.

Payment

and deduc- tion of fees.

Provided that the agreements may be made for a voyage or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made to extend over two or more voyages shall be referred to as running agreements; and provided also that running agreements shall not be for a longer period than six months or the first arrival of the ship at her port of destination in the Colony after the expiration of that period, or the discharge of cargo consequent on that arrival,

(4) Every master of any such ship who carries any seaman to sea without entering into an agreement with him in accordance with sub-section (3), shall be liable to a fine not exceeding fifty dollars.

(5) Such fees, not exceeding the sums specified in Table I in the Regulations, as may be fixed by the Governor in Council, shall be payable upon all engagements and discharges; and the Superintendent shall cause a scale of such fees to be conspicuously placed in the Mercantile Marine Office, and the Superintendent may refuse to proceed with any engagement or discharge, unless the fees payable thereon are first paid.

(6) Every master of a ship engaging or discharging any Seaman at the Mercantile Marine Office shall pay to the Superintendent the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct in respect of each such engagement or discharge from the wages of all persons

Table J.

(except apprentices) so engaged or discharged and retain any [s. 5 contd.] sums not exceeding the sums specified in that behalf in Table J Regulations in the Regulations: Provided that if in any case the sum which the master is so entitled to deduct exceeds the amount of the fee payable by him, such excess shall be paid by him to the Superintendent in addition to such fee.

sanction

(7)—(a) No master shall discharge in the Colony any No seaman seaman from any ship, British or foreign, without the sanction t

discharged of the Harbour Master or of the consular officer, if any, repre- without senting the nation to which such ship belongs, and unless due and due provision is made for the subsistence and maintenance of such provision seaman, to the satisfaction of the Harbour Master in the case tenance. of a British ship or of a foreign ship whose flag is not repre- sented in the Colony by a consular officer, or to the satisfaction of such consular officer in the case of a foreign ship whose flag

:

is so represented and every master who discharges a seaman in contravention of this sub-section shall be liable to a fine not exceeding one hundred dollars.

for main-

(b) Every seaman who wilfully or negligently remains in the Penalty on Colony after the departure of his ship shall be liable to a fine seaman for wrongfully not exceeding twenty-five dollars, or to imprisonment for any remaining term not exceeding one month.

behind.

discharge.

(8) No seaman shall, except with the sanction of the Place of Harbour Master, be discharged from a British ship, or any foreign ship whose flag is not represented by a consular officer resident in the Colony, elsewhere than at the Mercantile Marine Office, and every seaman discharged from a foreign ship so represented shall, within twenty-four hours of being discharged at the office of his consular officer, produce to the Harbour Master a certificate of his discharge, signed by such consular officer, and shall in default be liable to a fine not exceeding twenty-five dollars and, in default of payment thereof, to imprisonment without hard labour for any term not exceeding twenty-one days.

(9) Whenever any seaman is discharged at the Mercantile Master to Marine Office from any ship within the Colony, the master of give to such ship shall give, at the time of such discharge, to such charged in

seaman dis-

334