Imatges de pàgina
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county of

and

In the presence of 2 of H. M.'s justices of the peace in and for the said county of acting in and for the said division in which the said parish or union! is situate, do by this indenture, duly executed by the said justices in testimony of their having been satisfied that the boy hereby and hereafter bound and named hath attained the age hereinafter mentioned, and is of sufficient health and strength as required by the statute in such case made and provided, bind, put out, and place, with his own free will and consent, and not otherwise,

a poor years, as

boy of the said [parish or union], aged
appears by the copy of the entry of his baptism in the register-
book of the parish of
in the county of
here-
unto annexed (*) who is now (and whose parents
and
are now] chargeable to and maintained by the
said [parish] of
apprentice in the sea service to
one of H. M.'s subjects of the parish] of
in
the county of
being the master (1)
of the
ship called registered in the port of
being a port
of the U. K. of Great Britain and Ireland, with him the said
his executors and administrators, and the assign or
assigns of the widow or of the executors and administrators of
the said
to dwell, remain and serve from the day of
the date of these presents for so long time and until the said
apprentice shall attain the age of 21 years; during all which
term the said apprentice, his said master, his executors
and administrators, or the assign or assigns of the widow or
of the executors or administrators of the said

shall well and faithfully serve; his and their secrets keep; his and their lawful commands everywhere gladly do and execute; hurt or damage to his said master, his executors or administrators, or the said assign or assigns, he shall not do, consent or see to be done by others, but to the utmost of his power shall hinder the same, and forthwith his said master, his executors or administrators, or the said assign or assigns, thereof, warn; taverns or alehouses he shall not frequent; at dice, cards, tables, bowls, or any other unlawful games, he shall not play; the goods of his said master, his executors or administrators, or the said assign or assigns, he shall not embezzle or waste, or lend or give to any person or persons without his or their licence; nor from the service of his said master, his executors or administrators, or the said assign or assigns, without his or their consent, at any time absent himself; but as a true and faithful apprentice in all lawful businesses, according to his power, wit, and ability, and bonestly, orderly, and obediently in all things, shall demean and behave himself toward his said master, his executors or

*) The copy must be given and attested by the officiating minister, without fee or reward. If it cannot be found, erase the words from "by the" to annexed," and insert "from such information of such boy's age as the said justices have been able to obtain, as the entry of his baptism cannot be found." The apprentice must be above 12 and under 17 years of age, and bound for 4 years at the least. (†) Or owner.

administrators, or the said assign or assigns, during the said
term; and true and just accounts of his or their goods,
chattels, and money committed to his charge, or which shall
come to his hands, faithfully he shall give at all times, when
thereunto required by him or them; and shall also render an
account of, and well and truly pay or cause to be paid to him
or them, all such wages, prize money, and other sum or sums
of money as shall become due and payable unto him the said
apprentice from H. M., her heirs, successors, or any other
person, in case he shall enter or go into H. M.'s service
during the said term. In consideration whereof, and of the
sum of
of lawful money of the U. K. of Great
Britain and Ireland to him in hand well and truly paid at
the execution of these presents (the receipt whereof the said
for
doth hereby acknowledge), he the said
himself, his executors or administrators, doth hereby covenant,
promise, and agree to and with the said overseers of the poor,
his executors
and their successors, that he the said
or administrators, and the assign or assigns of his widow or of
his executors or administrators, the said apprentice in the art,
trade, or business of a mariner or seaman, with the circum-
stances thereunto belonging, shall and will, until he shall
attain the age of 21 years, teach, learn, and instruct, or
cause to be taught, learned, and instructed, in the best way
and manner that he or they can; and shall and will find,
provide, and allow unto the said apprentice competent and
sufficient meat and drink, apparel, lodging, washing, me-
dicine, medical and surgical aid and advice, and all other
things necessary and fit for an apprentice.

And also shall and will so provide for the said apprentice
that he be not any way a charge to the said [parish or union]
of
or parishioners thereof; but of and from all charge
shall and will save the parish or union] of
and pa
rishioners thereof harmless and indemnified during the said
term. In witness whereof the said Justices, and other parties
above-said, to the present indenture interchangeably have set
their hands and seals, the day and year first above written.
Signed, sealed, and delivered}

in the presence of

We, the guardians of the poor of the

union,

within which the said parish is included] do hereby testify our consent to the binding of the said

to the said

and have hereunto caused our official seal to be affixed, at a meeting of the board this

day of
(Signed)

Seal of

the Board of Presiding Chairman. Guardians.

Clerk to the said guardians.

*If the parish be not in union, omit the words within brackets.

Parish Apprentice may be turned over to the Sea Service. It shall be lawful for any master or person to whom any parish apprentice shall have been or shall be hereafter bound to a service on shore, according to the statutes for the time being relating to such apprentices, or for the executors or administrators, or, there being none such, for the widow of any deceased master, with the concurrence of 2 or more justices of the peace in and for the county, district, or place where such boy shall have been bound apprentice, to assign such boy, with his consent, to be given in the presence of such justices, but not otherwise, as apprentice to any such owner as aforesaid, to be employed in the sea service during the period then remaining unexpired of his apprenticeship; and every such assignment shall be attested as next hereinafter mentioned. - § 33.

Indentures may be assigned on the Death of the Master. In the event of the bankruptcy, insolvency, or death of the master of any such parish apprentice to the sea service, it shall be lawful for such master, or the executors or administrators of such master, or, there being none such, for the widow of such deceased master, to assign the indenture of any such apprentice for the residue of the term then unex. pired therein to any other owner of any such ship: provided always, that such assignment, if executed within the limits of the port of London, shall be attested by the said registrar, his assistant, or one of his clerks, and if executed at any other port, by the collector or comptroller of the customs of such port. - 834.

Parish Officers to prepare Indentures. Such overseers, guardians, or other persons as aforesaid, shall cause the indenture of apprenticeship to be prepared and transmitted in triplicate; (that is to say,) 2 counterparts, besides the indenture, to the said registrar, if the owner of the ship to whom such apprentice is to be bound shall be or reside within the limits of the port of London, and if at any other port, to the collector or comptroller of the customs at such port; and shall cause each such poor boy to be conducted and conveyed to such port or place by a constable or other trustworthy person, at the expence of the district, union, parish, township, or place; and when any such boy shall be so bound, he shall be provided by the guardians of the said union or parish as aforesaid, or, in case the said parish or place shall not be included in any union or governed by a board of guardians, by the overseers, with a sufficient outfit of sea clothing, bedding, and similar necessaries, to the value of 54., which said amount, together with the expences to be incurred in the binding and conveyance of the said boy, shall be charged by such guardians or overseers respectively to the account of the parish or other place by whose overseers the said boy shall be bound, and be allowed to them in their account; and the said indentures so entered into by the overseers of any parish or other place as aforesaid may be sued upon in the name of the overseers of the poor of the said parish or other place for the time being, by their name of office; and no action commenced for the breach of any covenant therein contained, with the consent of the vestry of such parish or place, shall abate by reason of death or any change of overseers of such parish or place pending the same, but shall be proceeded in by the overseers for the time being, who shall be entitled to charge the whole amount of the costs incurred in such action, and not recovered from the defendant therein, upon the poor rates collected by them, though part of such costs shall have been incurred by their predecessors. -§ 35.

How Indentures to be attested. Such indentures shall be executed in the presence of and attested by the constable or other person who shall conduct or convey such apprentice; and such indentures shall bear date respectively on the days on which they are executed; and such constable or other person shall transmit 1 of the said counterparts, duly executed, to the overseers, guardians, or other persons aforesaid, 1 to the master, and another to the said registrar. — § 36.

Every Ship, except Pleasure Yachts, to have Apprentices according to her Tonnage. The master or owner of every ship belonging to any subject of H. M., and of the burden of 80 tons and upwards (except pleasure yachts), shall have on board at the time of her proceeding from any port of the U. K., and at all times when absent from the U. K., or navigating the seas, 1 apprentice, or more, in the following proportion to the number of tons of his ship's admeasurement, according to the certificate of

registry; (viz.) for every ship of 80 tons and under 200 tons, 1 apprentice at the least; for every ship of 200 tons and under 400 tons, 2 apprentices at the least; for every ship of 400 tons and under 500 tons, 3 apprentices at the least; for every ship of 500 tons and under 700 tons, 4 apprentices at the least; and every ship of 700 tons and upwards, 5 apprentices at the least; all of whom, at the period of their being bound respectively, shall be subjects of H. M., and above 12 and under 17 years of age, and be duly bound for the term of 4 years at the least; and if any such master or owner shall neglect to have on board his ship the number of apprentices as hereby required, together with their respective registered indentures, assignments, and register tickets, he shall for every such offence forfeit and pay the sum of 10. in respect of each apprentice, indenture, assignment, or register ticket so wanting or deficient. -§ 37.

The cancelling of Indentures, and Death or Desertion of Apprentices, to be notified. In case any indentures of apprenticeship of ar y description shall be cancelled, or any apprentice, parish or otherwise, shall die on shore or desert, or by reason of the vessel of the master not having made a voyage for 6 months, shall not be reported in either of the said lists, such cancellation, death, desertion, or non-employment shall forthwith be notified in writing by the master of the apprentice to the said registrar, if the ship on board which the apprentice was bound to serve shall belong to the port of London, or otherwise to the collector or comptroller of the port to which the said ship shall belong; and for every default the said master shall be liable to a penalty of 10%.; and the collector or comptroller, if the notification be made to him, shall transmit the same to the said registrar within 1 week from the receipt thereof; and no cancelling of any indenture of apprenticeship of any description shall be valid or effectual without the mutual consent of the parties, or without the consent or in the absence of the registrar of seamen in London, or of the collector or comptroller of customs of the port in which such cancellation shall take place, or, in case of bindings by the overseers, without the additional consent of the guardians of the union or parish whose consent was given to the said binding, to be testified by a copy of a minute of the board forwarded by the clerk to the said guardians.-§ 38.

Indentures and Assignments of Parish Apprentices to be registered. The said registrar in London, and the collector and comptroller of the customs at each other port, shall, in a book to be kept for that purrose, cause to be entered from time to time all such indentures and assignments of parish apprentices as aforesaid, specifying therein the dates thereof, the names and ages of the apprentices, the parishes or places from whence they are sent, the names and residences of their masters to whom they are bound or assigned, and the names, ports, and burden of the respective ships to which such masters belong, and shall make and subscribe on each indenture and assignment an endorsement, purporting that the same hath been duly registered pursuant to this act; and such registrar, collectors, and comptrollers respectively shall require the personal attendance of every such apprentice at the time of registering his indenture or assignment thereof; and every such collector and comptroller shall also, at the end of each week, transmit a list of the indentures and assignments and cancellations so registered by him within the week containing all the particulars aforesaid, to the said registrar. - § 39.

Indentures and Assignments of other Apprentices to be registered. In every case of a person (other than such parish apprentice as aforesaid) binding himself apprentice to the sea service, the indentures to be executed on such occasion shall be in duplicate, in the form set forth in the subjoined Schedule (I.), and a counterpart shall be delivered to the said registrar, if the master shall be or reside within the port of London, or if at any other port, to the collector or comptroller of such port; and the indentures shall be registered in a book to be kept for that purpose by the said registrar, collectors, and comptrollers respectively. in which book shall be expressed the dates of the several indentures, the names and ages of the apprentices, the names and residences of their masters, and (if known) the names, port, and burden of the several ships on board which they are respectively to serve; and such registrar, collectors, and comptrollers respectively shall require the personal appearance of every such apprentice at the time of registering his indenture or the assignment thereof, and shall endorse and subscribe upon each indenture a certificate purporting that the same hath been duly registered pursuant to this act; and the said collectors and comptrollers shall also at the end of each week transmit a list of the indentures and assign ments registered by then, within the week, containing all the particulars aforesaid, together with the said counterparts, to the said registrar, for the purposes of this act; and it shall be lawful for the master of such apprentice, or in case of his death his executor or administrator, with the consent of the apprentice if of the age of 17 years or upwards, and if under that age with the consent of his parent or guardian, to assign or transfer the indenture of any such apprentice to any other master or owner of any registered ship; and all such apprentices may during the term for which they shall be bound be employed in any ship of which the master for the time being of any such apprentice may be the master or owner: provided always, that every such assignment shall be registered and endorsed by the said registrar, or by the collector or comptroller of the customs at the port where the master shall be, or to which his ship shall belong; and the said collector or comptroller shall notify the same to the said registrar, and transmit an exact copy of the said endorsement to the said registrar.- § 40.

aged of county of

SCHEDULE (I.)

Form of Apprentice's Indenture.

day of

This indenture, made the in the year of the reign of Her Majesty Queen Victoria, by the grace of God of the United Kingdom of Great Britain and Iread Queen, Defender of the Faith, and in the year of our Lord one thousand eight hundred and between year a native of in the county of the one part, and of in the of the other part, witnesseth, That the said hath of his free will put and bound himself apprentice unto the said with him, his executors, administrators, and assigns, after the manner of an apprentice to dwell, remain, and serve from the day of the date hereof for and during and until the full end and term of years from thence next ensuing fully to be complete and ended; during all which term the said apprentice his said master shall well and faithfully serve; his secrets keep; his lawful commands everywhere do and execute; hurt or damage to his said master he shall not do, consent, or see to be done by others, but to the utmost of his power shall hinder the same, and forthwith his said master thereof warn; taverns or alehouses he shall not frequent (unless about his said master's busines; at dice, cards, tables, bowls, or any other unlawful pas he shall not play; the goods of his said master be shall not embezzle or waste, or lend or give to any person or persons without his said master's licence; nor from the service of his sal master, without his consent, at any time absent himself; bet as a true and faithful apprentice shall demean and behave bimself towards his said master, his executors, administrators, signs, during the said term; and true and just accounts of his said master's goods, chattels, and money committed to his charge, or which shall come to his hands, faithfully he shall give at all times, when thereunto required by his said master, hi: executors, administrators, or assigns; and shall also render an account of, and well and truly pay or cause to be paid anto his said master, his executors, administrators, or assigns, all such wages, prize money, and other sum of money as shall become due and payable unto him from

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her Majesty, her heirs, successors, or any other person, in case he shall be impressed, enter or go into her Majesty's service during the said term. In consideration whereof the said

doth hereby covenant and agree to and with the said the apprentice, that he the said his executors, administrators, or assigns, during the said term of years, shall and will teach, learn, and inform the said apprentice, or cause him to be taught, learned, and Informed, in the art, trade, or business of a mariner or sea. man, with the circumstances thereunto belonging; and shall and will find and provide for the said apprentice sufficient meat, drink, washing, lodging, medicine, and medical and surgical aid and advice to pay unto the said apprentice the sum of pounds of lawful money of Great Britain, in manner following; (that is to say), The said finding and providing to and for himself all manner of sea bedding, wearing apparel, and other necessaries (except meat, drink, lolging, washing, medicine, and medical and surgical aid and advice) and it is hereby agreed between the said parties, that the said shall and may from time to time during the said term deduct and retain in his hands, out of the several yearly payments above mentioned, all such sum or suins of money as he shall at any time during the said term disburse or lay out in the buying of any apparel or sea bedding for the said apprentice, as need shall require: and for the true perform. ance of all and singular the covenants and agreements afore. said, each of them the said and doth hereby bind and oblige himself, his heirs, executors, and adminis trators, unto the other of them, his executors and adminis trators, firmly by these presents, in the penal sum of pounds of lawful money of Great Britain.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year above

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Apprentices exempted from Contributions.- No apprentice bound or assigned pursuant to this act, nor any master or owner in respect of such apprentice, shall be liable to any payment or contribution to or towards any hospital or institution; and all agreements, attested copies, indentures, assignments, counterparts, and tickets, made, signed, or executed in compliance with or under the provisions of this act, shall be wholly exempt from stamp duty. — § 41.

Penalty on Masters neglecting to register, &c., Indentures. If any master or owner to whom any apprentice to the sea service shall be bound or assigned shall neglect to deliver a counterpart, and cause the indenture or the assignment (as the case may be) to be registered as required by this act, so far as depends on such master or owner, within 10 days after the binding or assignment, every such master or owner shall for every such neglect, forfeit and pay the sum of 10%; and if any such master, or the master of any ship, shall, after the ship shall have proceeded on the voyage upon which such ship may be bound permit any apprentice to quit his service, or the service of the ship, except for the purpose of entering into H. M.'s naval service, every such master shall for every such offence forfeit and pay the sum of 207. -$42.

Justices to determine Complaints. —Any justice of the peace residing at or near to any port to which any ship as aforesaid, having on board thereof any apprentice, shall at any time arrive, shall have full power and authority to inquire into and examine, hear and determine, all claims of apprentices upon their masters under their indentures, and all complaints of hard or ill usage exercised by their respective masters towards any such apprentices, or of misbehaviour on the part of any such apprentices, and to proceed thereupon as one or more justice or justices of the peace is or are empowered by law to do in other cases between masters and apprentices; and if the master of any ship shall not send on shore, in the charge of the mate or other trustworthy person, any apprentice desirous of complaining to a justice of the peace, so soon as the service of the ship will permit, he shall for every such default forfeit and pay the sum of 107. — § 43.

Masters entitled to receive the Wages, &c. of Apprentices entering into the Navy. No apprentice to the sea service shall be at liberty to enter into the naval service of H. M., during the period of his apprenticeship, without the consent of his master; but if, nevertheless, he shall voluntarily enter into such naval service of H. M., and shall be allowed by his master to continue therein, such master, in case he shall give notice to the secretary of the admiralty of his consent to his apprentice remaining in H. M.'s said service during the residue of the term of his apprenticeship, shall, upon the production of the indenture and assignment (if any), if duly registered, and having the register ticket attached, be entitled to receive to his own use any balance of wages and prize money that may become due and payable to any such apprentice until the expiration of his apprenticeship. § 45.

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7. Regulations in regard to Medicines. — In order to provide against the fatal consequences that have frequently arisen from ships going to sea without having any medicines on board, or with but an insufficient or unsuitable supply, the act 7 & 8 Vict. c. 112. orders —

A Supply of Medicines, Lime Juice, Sugar, and Vinegar, &c. to be kept on board, and Seamen hurt in the Service of the Ship to be provided with Advice, &c. gratis. Every ship navigating between the U. K. and any place out of the same shall have and keep constantly on board a sufficient supply of medicines and medicaments suitable to accidents and diseases arising on sea voyages, in accordance with the scale which shall from time to time or at any time be issued by the commissioners for executing the office of lord high admiral, and published in the London Gazette; and every ship (except those bound to European ports or to ports in the Mediterranean Sea) shall also have on board a sufficient quantity of lime or lemon juice, sugar, and vinegar, the lime or lemon juice, sugar, and vinegar to be served out to the crew whenever they shall have been consuming salt provisions for 10 days; the lime or lemon juice and sugar daily, after the rate of half an ounce cach per day, and the vinegar weekly, at the rate of half a pint per week to each person, so long as the consumption of salt provisions be continued; and in case any default shall be made in providing and keeping such medicines, medicaments, and lime or lemon juice, sugar, and vinegar, the owner of the ship shall incur a penalty of 201. for each and every default; and in case of default of serving out such lime or lemon juice, sugar, or vinegar as aforesaid, the master shall incur a penalty of 51. for each and every default; and in case the master or any seaman shall receive any hurt or injury in the service of the ship, the expence of providing the necessary surgical and medical advice, with attendance and medicines, and for his subsistence until he shall have been cured, or shall have been brought back to some port of the U. K., shall, together with the costs of his conveyance to the U. K., be defrayed by the said owner of the ship, without any deduction whatever on that account from the wages of such master or seaman, and if paid by any officer or other person on behalf of H. M., the amount, with full costs of suit, shall be recovered as a debt due to H. M.; and every ship having 100 persons or upwards on board, and every ship the voyage of which shall be deemed under the provisions of the act passed in the 6th year of the reign of her present Majesty, intituled "An Act for regulating the Carriage of Passengers in Merchant Vessels," to exceed 12 weeks, having 50 persons or upwards on board, shall have on board, as one of her complement, some person duly authorized by law to practise in this kingdom as a physician, surgeon, or apothecary; and in case of every default the owner shall incur a penalty not exceeding 1007. — § 18.

The Lords of the Admiralty have, pursuant to the above clause, ordered the following supply of medicines to be provided for every ten men in ships on foreign voyages, and so proportionally for a greater or smaller number.

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8. General Regulations. The following clauses of the act 7 & 8 Vict. c. 112. refer to various matters of importance to the master and the crew.

Common Assaul's may be summarily punished by Two Justices. In the case of any assault or battery cominitted on board any ship belonging to any subject of H. M., in any part of the world, it shall be lawful for any 2 justices of the peace in any part of H. M.'s dominions, or the territories under the East India Company, residing at or near any port or place at which the said ship may arrive or touch, upon complaint of the party aggrieved, to hear and determine any such complaint, and to proceed and make such adjudication thereon as by the said act any 2 justices are empowered to do in the cases of assaults and batteries in England; and the fine or forfeiture to be imposed in any such case shall be payable to the Seamen's Hospital Society: provided always, that such complaint shall be made and prosecuted within 3 months after such alleged assault or battery, or within 3 months after the arrival of the ship at her final port of destination in the U. K., or within 3 months after the respective parties shall be within the jurisdiction of such justices as aforesaid. —§ 44.

No Seaman to be discharged abroad, nor to be abandoned, or left behind, without Sanction of Consul, &c. If any maste: of a ship belonging to any subject of H. M., shall discharge any person belonging to his ship or crew at any of H. M.'s colonies or plantations, without the previous sanction in writing (to be endorsed on the agreement) of the governor or other officer holding the chief authority there, or of the secretary or other officer duly appointed by the government there in that behalf, or in the absence of such functionaries then of the chief officer of customs resident at or near such port or place, or shall discharge any such person at any other place abroad without the like previous sanc tion, to be so endorsed on the agreement by H. M.'s minister, consul, or vice-consul there, or in the absence of any such functionary then of 2 respectable merchants resident there, such master shall be guilty of a misdemeanor; or if any master of any such ship shall abandon or leave behind at any such colony or plantation any person belonging to his ship or crew, on the plea or pretence of unfitness or inability to proceed upon the voyage, or of desertion or disappearance from the ship, without a previous certificate in writing (to be endorsed on the agreement) of the governor, secretary, or other officer as aforesaid, or in the absence of such functionary then of the chief officer of customs resident at or near such port or place, certifying such unfitness, inability, desertion, or disappearance, or shall abandon or leave behind any person belonging to his ship or crew at any other place abroad, on shore or at sea, upon such plea or pretence, without the like previous certificate of H. M.'s minister, consul, or vice-consul there, or in the absence of any such functionary then of 2 respectable merchants, if there be any such at or within a reasonable distance from the place where the ship shall then be, such master shall be guilty of a misdemeanor; or if any master of any such ship, in case any person belonging to his ship or crew shall desert from the said ship at any place abroad, shall neglect to notify the same in writing to 1 of such functionaries as aforesaid, if there be any such resident at or near the place, and in their absence, if it be out of H. M.'s dominions, then to 2 respectable merchants, if there be such at or near the place, within 24 hours of such desertion, such master shall be guilty of a misdemeanor; and the said functionaries are hereby authorized and required, and the said merchants are authorized, to examine into the grounds of such proposed discharge, or into the plea or pretence of such unfitness, inability, desertion, or disappearance as aforesaid, in a summary way, upon oath (which oath they are hereby respectively authorized to administer), and to grant or refuse such sanction or certificate according to the circumstances, and as it shall appear to them to be just. — § 46.

Forcing Seamen on Shore, &c., a Misdemeanor. If the master of any ship belonging to any of H. M.'s subjects, or the mate or other officer of such ship, shall wrongfully force on shore and leave behind, or shall otherwise wilfully and wrongfully leave behind, on shore or at sea, in or out of H. M.'s dominions, any person belonging to his ship or crew, before the completion of the voyage for which such person was engaged, or the return of the ship to the U. K., such master, mate or other officer shall be guilty of a misdemeanor; and every misdemeanor mentioned or created by this act shall and may be prosecuted by information at the suit of H. M.'s attorney general, or by indictment or other legal proceeding in any court having criminal jurisdiction in H. M.'s dominions at home or abroad; and the offence may be laid and charged in the said information, indictment, or other legal proceeding to have been committed in the county or place where the offender shall happen to be, who, being convicted thereof, shall be liable to fine or imprisonment, or both, as to the court before whom he is tried shall seem meet; and every court is hereby authorized to issue a commission or commissions for the examina. tion of any witness or witnesses who may be absent or out of the jurisdiction of the court; and at the trial the depositions taken under such commission or commissions, if such witness or witnesses shall be then absent, shall be received in evidence. - § 47.

If any of the Crew are left behind, the Proof of Sanction or Authority to be upon the Master. — If any master shall, contrary to the provisions of this act, discharge, abandon, or leave behind any seaman or other person belonging to the ship or crew, with or without his consent, it shall be incumbent on such master, in any information, indictment, or other proceeding against him, to produce or prove such sanction or respective certificate as aforesaid, or prove the impracticability of obtaining such certificate. - § 48.

Seamen when allowed to be left behind, to be paid their Wages. — Every such master who shall leave e any seaman or other person as aforesaid on shore at any such colony, or plantation, or place abroad, under a certificate of his not being in a condition to proceed on the voyage, shall deliver to 1 of the said functionaries, or if there be none such to any 2 respectable merchants there, or if there be but 1 then to such 1 merchant, a just and true account of the wages due to such person, and pay the same either in money or by a bill drawn upon the owner; and if by bill, then such functionaries or merchants are respectively authorized and required, by endorsement on such bill, to certify that the same is drawn for money due on account of seamen's wages, or to that effect; and any master who shall refuse or neglect to deliver a just and true account of such wages, or to pay the amount thereof in money or by bill as aforesaid, shall for every such offence or default forfeit and pay the sum of 101., and every master who shall deliver a false account of such wages shall for every such offence forfeit and pay the sum of 201. -$49.

Act not to extend to prevent Seamen from entering into the Navy. Nothing in this act or in any agreement contained shall prevent any seaman or person belonging to any ship or vessel whatever from entering or being received into the naval service of H. M., nor shall any such entry be deemed a desertion from the ship or vessel, nor shall such seaman or other person thereby incur any penalty or forfeiture whatever, either of wages, clothes, or effects, or other matter or thing; and no master or owner shall insert or introduce, or permit to be inserted or introduced, into any articles or agreement, any clause, engagement, or stipulation whereby any seaman or other person shall or may incur any forfeiture, or be exposed to loss, in case he shall enter into H. M.'s naval service; and if inserted, the clause, engagement, or stipulation shall be void, and the offender shall thereby incur a penalty of 201. — § 50.

Upon entry of Seamen into the Navy from any Ships, they shall be entitled to the immediate delivery up of their clothes, &c. - When any seaman shall quit any such ship or vessel as aforesaid, in order to enter into H. M.'s naval service, and shall thereupon be actually received into such service, not having previously committed any act amounting to and treated by the master as desertion, he shall be entitled immediately upon such entry to have his register ticket and all his clothes and effects on board such ship or vessel delivered to him, and to receive from the master the proportionate amount of his wages up to the period of such entry, to be paid either in money or by a bill on the owner; all which register ticket, clothes, effects, money, or bill, such master is hereby required to deliver and pay to him accordingly,

under a penalty of 201. for any refusal or neglect, to be recovered with full costs of suit by such seaman ; but in case the master shall have no means of ascertaining the balance, he shall make out and deliver to such seaman a certificate of the period of his service, and the rate of wages he is entitled to, producing at the same time to the commanding or other officer of H. M.'s vessel the agreement with the seaman; and every such master, upon the delivery of such register ticket, clothes, and effects, and the settlement of such wages in manner herein mentioned, shall receive from the officer in command of the vessel into which the seaman shall have entered a certificate of such entry, endorsed on the agreement, and signed by the said officer, which such offi cer is hereby required to give. - § 51.

Power for H. M. to sue for the Amount advanced for the Relief of Seamen left abroad. -- If any person shall be discharged, or wilfully and wrongfully left behind or abandoned, at any place beyond seas, in or out of H. M.'s dominions, by any master, mate, or other officer, contrary to the provisions of this act, and shall become distressed, and be relieved under the provisions of an act passed in the eleventh year of the reign of his late Majesty, King George IV., for amending and consolidating the laws relating to the pay of the royal navy, or any act hereafter to be passed for that purpose, or if any person shall, as principal or agent, engage any subject of H. M. to serve in any vessel belonging to any foreign power, or to the subject of any foreign state, and such last-mentioned person shall become distressed and be relieved as aforesaid, then, in addition to the wages due from such master or owner or person making such engagement, and the penalties to which such master may be liable, H. M. shall be entitled to sue such master or the owner of the ship, or any person who shall have made such engagement as aforesaid, at the discretion of the commissioners for executing the office of Lord High Admiral of the U. K., for all the charges and expences which shall have been incurred in or for the subsistence, necessary clothing, and conveyance home or burial (should he die abroad or before reaching home) of any such seaman or person relieved as aforesaid, as money paid to the use of such master or owner or other person, who shall have made such engagement as aforesaid, and recover the same, together with full costs of the suit, in the safe manner as other debts due to H. M. are recoverable; and in any proceeding for that purpose proof of the account furnished to the said commissioners by any such functionaries, or by such 2 merchants, or 1 merchant, according to the case, as provided by the said act of the eleventh year of King George IV., shall, together with the proof of payment by the said commissioners, or by the paymaster-general, of the charges incurred on account of any such person, be sufficient evidence that such person was relieved and conveyed home or buried at f. M.'s expence; and the court in which any proceeding for the recovery of the said money shall be instituted is hereby authorized to issue a commission or commissions for the examination of witnesses, and the depositions taken under such commission or commissions shall be used as evidence. § 52.

Ship's Agreement, Indentures, and Assignments of Apprenticeship and Register Tickets, on arrival at a Foreign l'ort, to be deposited with the Consul, &c. If any ship belonging to a subject of H. M. (except packets for passengers in the course of their voyage) shall arrive at any foreign port where there shall be a British consul or vice-consul, or at any port in a British colony, and remain thereat for 48 hours, the master shall, within 48 hours of the ship's arrival, deliver, or cause to be delivered to such consul or vice-consul at such foreign port, or to the collector or comptroller of the customs at such port of a British colony, the agreement or agreements before mentioned, together with an account at the foot of such agreement of all apprentices on board, setting forth their Christian and surnames at full length, the dates of the registry of their indentures and assignments respectively, and the ports at which and the time when they were registered, and also all indentures and assignments of apprenticeships, and the register tickets of all the crew who shall be subjects of H. M., the whole to be kept by such consul or vice-consul, collector or comptroller, as the case may be, during the ship's stay in such port, and (excepting the register tickets of deserters, which are to be transmitted by such functionaries to the registrar of seamen) to be returned to the master a reasonable time before his departure, with a certificate endorsed on such agreements respectively, stating when the same were respectively delivered and returned, without any fee or charge being made for the same; and in case it shall appear that the required number of apprentices are not on board, or that the required forms or existing laws have been in any respect neglected or transgressed, such consul or vice-consul, collector, or comptroller, shall make an indorsement to that effect on such agreement, and forthwith transmit a copy of such indorsement, with the fullest information he can collect regarding such neglect or transgression, to the said registrar; and if any master shall neglect to deliver any agreement, indenture, assignment, or register ticket, or such account as aforesaid, he shall for every such neglect or default forfeit and pay the sum of 201; or if any master shall deliver any false or incorrect account, he shall for every such offence forfeit and pay the sum of 304. -§ 53.

No Seaman to be shipped at a Foreign Port without the Sanction of the Consul. No seaman shall be shipped at any such foreign port by any such master, except with the sanction of such consul or viceconsul, to be indorsed or certified on the agreement, under a penalty of 204., to be forfeited by the master for every seaman so shipped.-§ 54.

Masters to produce Agreement, &c. to the Officers of Queen's Ships.-The master of every ship belonging to any subject of H. M. shall and he is hereby required to produce and show the log book, muster roll of the ship, and the agreement or agreements with his crew, their register tickets, and the indentures of his apprentices, and the assignments thereof, and a list of all the passengers and persons on board, to the captain, commander, or other commissioned officer of any of H. M.'s ships or vessels requiring the production and sight thereof; and it shall be lawful for any such officer in H. M.'s naval service to muster the crew (including apprentices) of any ship belonging to any such subject, in order to be satisfied that the provisions of this act, and every other act by which the crews of such ships as afore. said are regulated, and the laws relating to navigation, have been duly kept and complied with; and if any master shall, upon being required so to do by any such officer, neglect or refuse to produce such log book, muster roll, or agreement, register tickets, indentures, and assignments, and lists of passengers and persons, or any of them, or shall obstruct any officer in the execution of his duty in mustering the said crew, or shall produce any false log-book, muster-roll, or list, he shall for every such offence forfeit and pay the sum of 20%.—§ 55.

Consuls, Registrar, and Officers of Customs empowered to require Production of the Agreement, Musterroll, &c. For the better carrying into effect the purposes of this act, it shall be lawful for H. M.'s consuls and vice-consuls in foreign ports, and for the said registrar and his assistant, and also for the respective chief officers of the customs at the several ports of the U. K. and of the British possessions abroad, to demand from the master of every ship belonging to a subject of H. M. the production of the log-book, muster-roll of the ship, and such agreements, register tickets, indentures, and assignments as aforesaid, and a list of passengers and persons on board, and to muster the crew (including apprentices) of such ship, and to summon the master to appear before them, and give any explanation they may respectively require regarding the said crew, ship, or documents, for the purpose of ascertaining whether the provisions of this act, and every other act by which the crews of such ships as aforesaid are regulated, and the laws relating to navigation, have been kept and complied with, and to take copies of all or any of such documents; and if any such master, on such demand being made, shall refuse to produce such logbook, muster-roll, agreements, register-tickets, indentures and assignments, and lists of passengers and persons, or refuse to allow copies to be taken, or shall refuse to permit his crew to be so mustered, or shall refuse to appear and give such explanation as aforesaid, or shall wilfully deceive or mislead the person before whom he shall so appear, he shall for every such neglect, refusal, or offence, forfeit and pay the sum of 204.- 56.

Survey of Provisions, &c.— It shall and may be lawful for any consul or vice-consul of H. M. and for

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