"Offence" as used in this act means an act, neglect, or default of such a description as would, if committed within the body of a county in England, be punishable on indictment according to the law of England for the time being in force: "Ship" includes every description of ship, boat, or other floating craft: "Foreign Ship " means any ship which is not a British ship: 42 & 43 VICT. c. 72. An Act to provide for the re-hearing of Investigations into Shipping BE it enacted by the Queen's most excellent Majesty, by and with the 1. This act may be cited as "The Shipping Casualties Investigations Short title. Act, 1879." 2. (1.) Where an investigation into the conduct of a master, mate, or Re-hearing of engineer, or into a shipping casualty, has been held under the Merchant and appeal Shipping Act, 1854, or any act amending the same, or under any pro- tigation into against invesvision for holding such investigations in a British possession, the Board shipping of Trade may, in any case, and shall, if new and important evidence casualty or which could not be produced at the investigation has been discovered, misconduct of or if for any other reason there has in their opinion been ground for officer. suspecting a miscarriage of justice, order that the case be re-heard, 17 & 18 Vict. either generally or as to any part thereof, and either by the court or authority by whom it was heard in the first instance, or by the wreck commissioner, or in England or Ireland by a judge of her Majesty's High Court of Justice exercising jurisdiction in admiralty cases, or in Scotland by the senior lord ordinary, or any other judge in the court of session whom the lord president of that court may appoint for the purpose, and the case shall be so re-heard accordingly. (2.) Where, in any such investigation, a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate, or engineer, and an application for a re-hearing under this section has not been made, 'or has been refused, an appeal shall lie from the decision to the following courts; namely, (a) If the decision is given in England or by a naval court, the Probate, Divorce and Admiralty Division of her Majesty's High Court of Justice: (b) If the decision is given in Scotland, either division of the court of session: (c) If the decision is given in Ireland, the High Court of Admiralty, or the judge or division of her Majesty's High Court of Justice exercising jurisdiction in admiralty cases. c. 104. (3.) Any re-hearing or appeal under this section shall be subject to and conducted in accordance with such conditions and regulations as may from time to time be prescribed by general rules made under section 39 & 40 Vict. thirty of the Merchant Shipping Act, 1876 (a). c. 80. casualties and 3. (1.) The list of persons approved as assessors for the purpose of Rules as to formal investigations into shipping casualties shall be in force for three investigations years only, but persons entered in any such list may be approved for into shipping any subsequent list. The list of those persons in force at the passing of misconduct of this act shall continue in force until the end of the year one thousand officers. eight hundred and eighty, but nothing in this section shall affect the power of the secretary of state to withdraw his approval of any name on any such list or to approve of any additional name. (2.) The assessor or assessors for each such investigation shall, instead of being appointed by the commissioner, justices, or other authority holding the investigation, be appointed in such manner and according to such regulations as may be from time to time prescribed by general 39 & 40 Vict. rules made under section thirty of the Merchant Shipping Act, 1876. (3.) Where any such investigation involves or appears likely to involve any question as to the cancelling or suspension of the certificate of a c. 80. APPDX. (a) See Supp. App. p. 196. 5 A* 17 & 18 Vict. c. 104. 25 & 26 Vict. c. 63. Rules to be laid before parliament. Commencement of act. master, mate, or engineer, it shall be held with the assistance of not less than two assessors having experience in the merchant service. (4.) A master, mate, or engineer shall not be required to deliver his certificate under section four hundred and thirty-eight of the Merchant Shipping Act, 1854, or section twenty-four of the Merchant Shipping Act, 1862, unless the certificate is suspended or cancelled, and the words "or is to be" in the latter of those sections are hereby repealed. (5.) Investigations into shipping casualties shall be held in some town hall, assize or county court, public building, or in some other suitable place to be determined according to general rules made for the purpose by the lord high chancellor of Great Britain, and unless no other suitable place is in the opinion of the Board of Trade available, shall not be held in a court ordinarily used as a police court. 4. Any general rule made in pursuance of this act shall be laid before both Houses of Parliament within thirty days after it is made, if parliament be then sitting, or if not, within thirty days after the commencement of the then next ensuing session. 5. This act shall commence and come into operation on the first day of November one thousand eight hundred and seventy-nine: Provided that any rules which may be required for the purposes of this act may be made at any time before the commencement of this act, but, if so made, shall not come into operation until the commencement of this act. 43 & 44 VICT. c. 16. An Act to amend the Law relating to the Payment of Wages and Rating BE it enacted by the Queen's most excellent Majesty, by and with the 1. This act may be cited as "The Merchant Seamen (Payment of Wages and Rating) Act, 1880." This act shall be construed as one with "The Merchant Shipping Acts, 1854 to 1876," and those acts and this act may be cited collectively as "The Merchant Shipping Acts, 1854 to 1880." 2. (1.) After the first day of August one thousand eight hundred and eighty-one, any document authorising or promising, or purporting to authorise or promise, the future payment of money on account of a seaman's wages conditionally on his going to sea from any port in the United Kingdom, and made before those wages have been earned, shall be void. (2). No money paid in satisfaction or in respect of any such document shall be deducted from a seaman's wages, and no person shall have any right of action, suit, or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid. (3.) Nothing in this section shall affect any allotment note made under the Merchant Shipping Act, 1854 (b). 3. (1.) Every agreement with a seaman which is required by the Merchant Shipping Act, 1854, to be made in the form sanctioned by the Board of Trade (c) shall, if the seaman so require, stipulate for the allotment of any part not exceeding one-half of the wages of the seaman in favour of one or more of the persons mentioned in section one hundred and sixty-nine of the Merchant Shipping Act, 1854, as amended by this section. (b) See M. S. Act, 1854, s. 1C8. (c) See M. S. Act, 1854, s. 149. (2.) The allotment may also be made in favour of a savings bank, and in that case shall be in favour of such persons and carried into effect in such manner as may be for the time being directed by regulations of the Board of Trade, and section one hundred and sixty-nine of the Merchant Shipping Act, 1854, shall be construed as if the said persons were named 17 & 18 Vict. therein. c. 101. (3.) The sum received in pursuance of such allotment by a savings bank shall be paid out only on an application made, through a superintendent of a mercantile marine office or the Board of Trade, by the seaman himself, or, in case of death, by some person to whom the same might be paid under section one hundred and ninety-nine of the 17 & 18 Vict. Merchant Shipping Act, 1854. (4.) A payment under an allotment note shall begin at the expiration of one month, or, if the allotment is in favour of a savings bank, of three months, from the date of the agreement, or at such later date as may be fixed by the agreement, and shall be paid at the expiration of every subsequent month, or of such other periods as may be fixed by the agreement, and shall be paid only in respect of wages earned before the date of payment. (5.) For the purposes of this section "savings bank" means a savings bank established under one of the acts mentioned in the first schedule to this act. 4. In the case of foreign-going ships c. 104. Rules as to (1.) The owner or master of the ship shall pay to each seaman on payment of account, at the time when he lawfully leaves the ship at the end of his wages. engagement, two pounds, or one fourth of the balance due to him, whichever is least; and shall pay him the remainder of his wages within two clear days (exclusive of any Sunday, fast day in Scotland, or bank holiday (d) after he so leaves the ship (e). (2.) The master of the ship may deliver the account of wages men tioned in section one hundred and seventy-one of the Merchant Shipping 17 & 18 Vict. Act, 1854, to the seaman himself at or before the time when he leaves c. 104. the ship instead of delivering it to a superintendent of a mercantile marine offce. (3.) If the seaman consents, the final settlement of his wages may be left to the superintendent of a mercantile marine office under regulations to be made by the Board of Trade, and the receipt of the superintendent shall in that case operate as a release by the seaman under section one 17 & 18 Vict. hundred and seventy-five of the Merchant Shipping Act, 1854. (4.) In the event of the seaman's wages or any part thereof not being paid or settled as in this section mentioned, then, unless the delay is due to the act or default of the seaman, or to any reasonable dispute as to liability, or to any other cause not being the act or default of the owner or master, the seaman's wages shall continue to run and be payable until the time of the final settlement thereof (ƒ). (5.) Where a question as to wages is raised before the superintendent of a mercantile marine office between the master or owner of a ship, and a seaman or apprentice, if the amount in question does not exceed five pounds, the superintendent may adjudicate, and the decision of the superintendent in the matter shall be final; but if the superintendent is of opinion that the question is one which ought to be decided by a court of law he may refuse to decide it (g). c. 104. 5. Where a ship is about to arrive, is arriving, or has arrived at the end Penalty for of her voyage, every person, not being in her Majesty's service or not being being on board duly authorized by law for the purpose, whoship without (a.) goes on board the ship, without the permission of the master, before permission (d) See 34 & 35 Vict. c. 17, and 38 & 39 Vict. c. 13. (f) See M. S. Act, 1854, s. 187. (e) See M. S. Act, s. 187. the seamen lawfully leave the ship at the end of their engagement, or are discharged (whichever last happens); or, (b.) being on board the ship, remains there after being warned to leave by the master, or by a police officer, or by any officer of the Board of Trade or of the Customs, shall for every such offence be liable on summary conviction to a fine not 6. Whenever it is made to appear to her Majesty— (2.) That the government of such foreign country is desirous that the her Majesty may, by order in council, declare that the provisions of the said last preceding section shall apply to the ships of such country; and thereupon so long as the order remains in force those provisions shall apply and have effect as if the ships of such country were British ships arriving, about to arrive, or which had arrived at the end of their voyage (h). 7. A seaman shall not be entitled to the rating of A.B., that is to say, of an able-bodied seaman, unless he has served at sea for four years before the mast, but the employment of fishermen in registered decked fishing vessels shall only count as sea service up to the period of three years of such employment; and the rating of A.B. shall only be granted after at least one year's sea service in a trading vessel in addition to three or more years' sea service on board of registered decked fishing vessels. Such service may be proved by certificates of discharge, by a certificate of service from the registrar-general of shipping and seamen (i) (which certificate the registrar shall grant on payment of a fee not exceeding sixpence), and in which shall be specified whether the service was rendered in whole or in part in steam ship or in sailing ship, or by other satisfactory proof. Nothing in this section shall affect a seaman who has been rated and has served as A.B. before the passing of this act. 8. Where a proceeding is instituted in or before any court in relation to any dispute between an owner or master of a ship and a seaman or apprentice to the sea service, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court, if, having regard to all the circumstances of the case, they think it just so to do, may rescind any contract between the owner or master and the seaman or apprentice, or any contract of apprenticeship, upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section. For the purposes of this section the term "court" includes any magistrate or justice having jurisdiction in the matter to which the proceeding relates. 9. It shall be lawful for the sanitary authority of any seaport town to pass byelaws for the licensing of seamen's lodging-houses, for the periodical inspection of the same, for the granting to the persons to whom such (g) See M. S. Act, 1854, s. 237. (i) See M. S. Act, 1854, s. 272. |