D. 1899.
MERCHANT SHIPPING.
[No. 10.
The Harbour Master or his Deputy, before granting a port clearance to any ship, may, if he has reasonable grounds for belief that a deserter is concealed on board of such ship, proceed on board thereof, and there require her master to institute due and diligent search for such deserter, and further, if he deems it necessary, require the master to make a statutory 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 who refuses or unnecessarily delays to comply with such requisition shall, on summary conviction before a Stipendiary Magistrate, be liable to a penalty not exceeding two hundred dollars and, in default of payment thereof, to imprisonment, with or without hard labour, for any term not exceeding three months; and any master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.
(6.) If a seaman lawfully engaged, or an apprentice to the sea service, commits any of the following offences within the waters of the Colony, he shall be liable to be punished summarily as follows:
(a) if he deserts from his ship, he shall be guilty of the offence of desertion, and be liable to forfeit all or any part of the effects which he leaves on board and of the wages which he has then earned, and also to satisfy any excess of wages paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment, with or without hard labour, for any term not exceeding twelve weeks;
(b) if he neglects, or refuses without reasonable cause, to join his ship or to proceed to sea in his ship, or is absent without leave at any time within twenty-four hours of the ship's sailing from the Colony, either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason from his ship or from his duty, he shall, if the offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave, and be liable to forfeit out of his wages a sum not exceeding two days' pay, and in addition, for every twenty-four hours of absence; either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute; and also he shall be liable to imprisonment, with or without hard labour, for any term not exceeding ten weeks;
(c) if he quits his ship without leave after her arrival and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay;
(d) if he is guilty of wilful disobedience to any lawful command...
D. 1899.
MERCHANT SHIPPING.
[No. 10.
search for
463
make declara-
The Harbour Master or his Deputy, before granting a port Harbour Mas- rance to any ship, may, if he has reasonable grounds for belief that ter or Deputy
may require deserter is concealed on board of such ship, proceed on board thereof, master to then and there require her master to institute due and diligent suspected do- ch for such deserter, and further, if he deems it necessary, require serters, and to master to make a statutory declaration that, to the best of his know- non of such re and belief, after due and diligent search, no such deserter is con- search. led within or about his ship; and any master of a ship who refuses or necessarily delays to comply with such requisition shall, on summary viction before a Stipendiary Magistrate, be liable to a penalty not eding two hundred dollars and, in default of payment thereof, to prisonment, with or without hard labour, for any term not exceeding months; and any master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misde-
meanor.
(6.) If a seaman lawfully engaged, or an apprentice to the sea service, Offences ommits any of the following offences within the waters of the Colony, against disci-
pline. shall be liable to be punished summarily as follows:
if he deserts from his ship, he shall be guilty of the offence of M. 8. Act, desertion, and be liable to forfeit all or any part of the effects 1894, s. 221. which he leaves on board and of the wages which he has then earned, and also to satisfy any excess of wages paid by the owner or master of the ship to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him; and also he shall be liable to imprisonment, with or without hard labour, for any term not exceeding twelve weeks;
.
(b.) if he neglects, or refuses without reasonable cause, to join his Ib. ship or to proceed to sea in his ship, or is absent without leave at any time within twenty-four hours of the ship's sailing from the Colony, either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason from his ship or from his duty, he shall, if the offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave, and be liable to forfeit out of his wages a sum not exceeding two days' pay, and in addition, for every twenty-four hours of absence; either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute; and also he shall be liable to imprisonment, with or without hard labour, for any term not exceeding ten weeks;
7
(c) if he quits his ship without leave after her arrival and before b. s. 225.
she is placed in security, he shall be liable to forfeit out of his
wages a sum not exceeding one month's pay
(d) if he is guilty of wilful disobedience to any lawful command, ♫.
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