1890_MERCHANT_SHIPPING_CONSOLIDATION_ORDINANCE__1879 — Page 36

ORDINANCE No. 8 OF 1879.

Merchant Shipping.

seaman belonging to the crew of any ship, who shall have deserted there- from, or otherwise absconded, or absented himself from duty, while such ship or vessel is within the waters of the Colony, knowing such seaman to have deserted, absconded, or absented himself from duty, or shall cause, induce, or persuade or endeavour 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 shall knowingly connive at the deser- tion, absconding, or absence from duty of any such seaman, such person so offending shall, for every such offence, upon conviction thereof before a Stipendiary Magistrate, incur a penalty not exceeding two hundred and fifty dollars, or imprisonment with or without hard labour for any period not exceeding six months.

1513

serters from

ship. [Ibid, sec. 3.]

Harbour Master or

4. The Harbour Master, or his deputy, before granting a port clear- ance to any ship, may, if he have reasonable grounds for belief that any deputy may deserter from a merchant vessel be concealed on board of such ship,

proceed on board and then and there require her master to insti-

require, before

port clearance to a ship, the masterthereof to search for suspected de- sorters, and to make declar- tion of such ysearch.

tute due and diligent search for such deserter, and further, if he deem it necessary, require the master to make oath or solemn 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; and any master of a ship refusing or unnecessarily delaying to comply with such requisition, not complying shall incur upon conviction, a penalty not exceeding two hundred dollars, and imprisonment until such fine be paid.

Penalty for

with such request. [Ordinance of 1852, sec. 11.]

Offences of

seanien.

5. Whenever any seaman engaged in any foreign ship commits any of the following offences within the waters of the Colony, he shall be liable to be punished summarily by a Stipendiary Magistrate as follows, 1864, 400. that is to say:-

(a.) For wilful disobedience to any lawful command, he shall be liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit, out of his wages, a sum not exceeding two days' pay;

[See M.S.A.

sec.

248.1

Act of disobe- dience.

disobedience.

(b.) For continued wilful disobedience to lawful commands, Continued

or continued wilful neglect of duty, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also, at the discretion.