960
(s. 9
centd.] Harbour Master
may require
master to search for suspected deserters,
and to make declaration of search.
Offences against discipline.
M. S. Act, 1894, s. 221.
ib.
ib. s. 225.
No. 10 of 1899.
MERCHANT SHIPPING,
(4) The Harbour Master or his deputy, before granting a port clearance to any ship, may, if he has reasonable grounds for believing that any deserter is concealed on board of such ship, proceed on board thereof, and then 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 fine not exceeding 200 dollars; and any master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.
(5) 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 properly 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 for any term not exceeding 12 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 24 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 2 days' pay, and in addition, for every 24 hours of absence, either a sum not exceeding 6 days' pay or any expenses properly incurred in hiring a substitute; and also he shall be liable to imprisonment for any term not exceeding 10 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;
960
(s. 9
centd.] Harbour Master
may require
master to search for suspected deserters,
and to make declaration of search.
Offences against discipline.
M. S. Act, 1894, s. 221.
ib.
ib. s. 225.
No. 10 of 1899.
MERCHANT SHIPPING,
(4) The Harbour Master or his deputy, before granting a port clearance to any ship, may, if he has reasonable grounds for be- lieving that any deserter is concealed on board of such ship, proceed on board thereof, and then and there require her master to institute due and diligent search for such desterter, 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 Stipen- diary Magistrate, be liable to a fine not exceeding 200 dollars; and any master of a ship who makes any such statutory declaration containing any false statement shall be guilty of a misdemeanor.
(5) 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 properly 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 for any term not exceeding 12 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 24 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 2 days' pay, and in addition, for every 24 hours of absence, either a sum not exceeding 6 days' pay or any expenses properly incurred in hiring a substitute; and also he shall be liable to imprisonment for any term not exceeding 10 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;
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