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sect. 163, alterations in agreements to be void unless attested to 17 & 18 Vict. have been made with consent of all parties;-sect. 165, seamen not c. 104. bound to produce agreement, but it may be proved by parol without notice to produce, and without the attesting witness (s. 526).

When Wages accrue, are due, &c.] The wages commence either at the time the seaman, &c. commences work or at the time specified in the agreement (s. 181), and his wages are not dependent on the earning of freight;-but see the section as to loss of ship (s. 183). In case of death of seamen, &c. before payment, master is to pay the amount to consul or shipping master with full accounts; and in case of death during a voyage, to sell effects of the seamen and account in same manner (ss. 184, 194, 195). In cases where the service of the seaman terminates by wreck or loss of the ship, or by the seaman being left abroad under a certificate of his unfitness or inability to proceed on the voyage granted by some functionary, the seaman is entitled to wages for the time of service prior to such termination (s. 185; and see s. 209). The wages are not to accrue during refusal to work or imprisonment (s. 186). By 30 & 31 Vict. c. 124, s. 7, whenever it is shown that any seaman or apprentice who is ill has, through the neglect of the master or owner, not been provided with proper food and water according to his agreement, or with such accommodation, medicines, medical stores, or antiscorbutics as are required by the principal act or by this act, then, unless it can be shown that the illness has been produced by other causes, the owner or master shall be liable to pay all expenses properly and necessarily incurred by reason of such illness (not exceeding in the whole three months' wages), either by such seaman himself, or by her Majesty's government, or any officer of her Majesty's government, or by any parochial or other local authority on his behalf, and such expenses may be recovered in the same way as if they were wages duly earned:-provided that this enactment shall not operate so as to affect any further liability of any such owner or master for such neglect, or any remedy which any seaman already possesses. By sect. 8, where a seaman is by reason of illness incapable of performing his duty, and it is proved that such illness has been caused by his own wilful act or default, he shall not be entitled to wages for the time during which he is by reason of such illness incapable of performing his duty. 17 & 18 Vict. c. 134, s. 175, contains the rules to be observed with respect to the settlement of wages;-and sect. 187 enacts, that the master or owner of every ship shall pay to every seaman [not apprentice] his wages within the respective periods following; (that is to say,) -in the case of a home trade ship, within two days after agreement terminated, or at the time of seaman's discharge, whichever first happens; and in the case of all other ships (except ships in the southern whale fishery and similar voyages), within three days

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ster it if a. In five days after the seaman's & SATTE TILEGT ins irgens:—and in all cases the seamant endet i de time of Ëstinarge be paid on account a sum egit nec má v de balance the sub-and if the master or ow

TS I make payment be is to pay to the seaman

wing us pay for each of the days, not exceedi La inang vinch payment is delayed beyond the respect pende in rest (ind the is applicable to the master also, if das art ben pulty of any demeletion of duty in furnishing De 2-aru Edna, X LJ. N. S.) Adm. 137; 4 Law J ni vich sum is recoverable as wages. 170 By It samen Escharged before voyage commenced, or before BEZ TÁC fact in their part, to be entitled to any wag amri mi repension act exceeding a month's wages, to bel STORIES TLs de to the Escharge of seamen and payme If 247 TINS se ses 17-174. Seamen discharged abroad, sue of ska ir Cherwise, a be sent home at expense of owner, IUT SI DIH expenses to be recovered as wages (s. 205), 171 mi se ses 26, 201, 113, as to the manner of paying and recove DE FLES TOR seamen are left abroad on the ground of inability DISEST &&& 13.

Stone & Taps, rie lerti ship.

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If sec's effects & 197; and 25 & 26 Vict. c. 63, s. By L & T a 61 a 21, the wages of seamen or apprent TÀLIA VÀh the ship to which they belong may be recover by the board of trade from the owner of the ship in the sam manner in which seamen's wages are recoverable."

Irtutum from Tapes. As to deductions from wages on account of Cass se s 28. articles 3 and 4;-expenses on conviction of seamet, & 371:—and fines for misconduct, an entry thereof having been male in the oftial log, s. 256. As to entries in the officia! ig, sees. 19, 281, 22, 24, 255, 287, 244. As to forfeiture of TAS I part of wages-on desertion, wilful disobedience of com ZON SRing, de. s. 243, see Lewis v. Jewhurst, 15 Law T. N. S. 27 to ecnsal's certificate of desertion under sect. 167. enny thereet being made in the official log (s. 250);—and see 232-234 ss to bow amount of forfeitures are to be ascertained in ཀུན་ར་ལྔ་སོགས་ཆུ།

Prendare for Becovery-Competency of both Parties to give Endrvce.] Within aux months after the cause of complaint arose; or

170 See Frazer v. Hatton, 26 L. J. (N. S.) C. P. 226.

171. It is questionable whether, if the seaman does not signify his con sent to terminate the agreement, he can recover compensation in the nature of wages before magistrates for the time elapsed from the time of sale of the ship abroad and his arrival home. (See sect. 190.)

c. 104.

if both or either of the parties happen during such time to be out of 17 & 18 Vict. the United Kingdom, within six months after they both first happen to arrive or be at one time within the same (s. 525, art. 3; and see Austen v. Olsen, 37 L. J. (N. S.) M. C. 34; 17 Law T., N. S. 537), before two justices (sect. 188, p. 1598), or one stipendiary magistrate (s. 519), acting in or near to the place at which the service has terminated, or at which the seaman or apprentice has been discharged, or at which any person upon whom the claim is made is or resides (s. 188; and see s. 521, as to jurisdiction over ships lying off the coasts). The summons may be served either personally, or at the last place of abode of the person, or by leaving such summons for him on board any ship to which he may belong with the person being or appearing to be in command or charge of such ships (s. 522). The defendant is a competent witness for himself or the complainant, as the adjudication is an order and not a conviction (14 & 15 Vict. c. 99, s. 2, Vol. I. pp. 81, 82). The amount can be recovered with costs, in the manner directed by the 11 & 12 Vict. c. 43 [which latter act, by ss. 14, 17, Vol. I. pp. 192, 193, provides for the making of an order and the service of a minute thereof before enforcing payment], i. e. by distress and sale of the defendant's goods (s. 19, Vol. I. p. 225);-and in the case where the party directed to pay is the owner or master of a ship, the amount may be levied by distress or poinding and sale of the said ship, her tackle, furniture and apparel (s. 523);—and in default of distress, the defendant may be committed to prison for not exceeding three calendar months without hard labour, unless sooner paid (11 & 12 Vict. c. 43, s. 22, Vol. I. p. 228). [Forms, Nos. 1—8, pp. 950, 951, Oke's "Formulist," 6th ed.]

II. Recovery of Master's Wages.

By 17 & 18 Vict. c. 104, s. 191,-" Every master of a ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of his wages which by this act or by any law or custom any seaman, not being a master, has for the recovery of his wages; "--but if any set-off or complaint is set up, the justices cannot adjudicate, the section further enacting, "and if in any proceeding in any Court of Admiralty or Vice-Admiralty touching the claim of a master to wages, any right of set-off or counterclaim is set up, it shall be lawful for such court to enter into and adjudicate upon all questions, and to settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and to direct payment of any balance which is found to be due." (Vide "Procedure for Recovery, &c.," p. 1600, and 24 Vict. c. 10, s. 10, as to proceedings in Court of Admiralty.)

17 & 18 Vict. e. 134.

II. Recovery of Allotment Notes. 172

Stipuistions as to, in Agreement with Seaman.] By 17 & 18 Vict. c. 104, s. 168, stipulations for the allotment of any part of the wages of a seaman (not a master or pilot, or an apprentice; see definition of “Seaman,” in secf. 2, Note 286, Vol. I. p. 578] during his absence which are made at the commencement of the voyage, are to be inserted in the agreement, and are to state the amounts and times of the payments to be made;-and all allotment notes are to be in a form sanctioned by the Board of Trade (and see s. 149). Wife and other Relatives of Seaman may recover.] By sect. 169, -the wife--or the father or mother,—or the grandfather or grandmother, or any child or grandchild, or any brother or sister-of any seaman in whose favour an allotment note of part of the wages of such seaman is made, may, unless the seaman is shown in manner hereinafter mentioned to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid,-and subject as to the wife, to the provision hereinafter contained,-sue for and recover the sums allotted by the note when and as the same are made payable, with costs, from the owner, or any agent who has authorized the drawing of the note 173—either in the county court or in the summary manner in which seamen are by this act enabled to sue for and recover wages not exceeding £50 [i. e. before two justices, &c., see s. 188, ante, p. 1599]; and in any such proceeding it shall be sufficient for the claimant to prove that he or she is the person mentioned in the note,-and that the note was given by the owner or by the master, or some other authorized agent;—

And the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the court, either by the official statement of the change in the crew caused by his absence, made and signed by the master, as by this act is required. -or by a duly certified copy of some entry in the official log book to the effect that he has left the ship,-or by a credible letter from the master of the ship to the same effect,—or by such other evidence, of whatever description, as the court in its absolute discretion considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid:Provided that the wife of any seaman who deserts her children,

172. Ainawer notes were entirely superseded by the 17 & 18 Vict. c. 104, after the 1st May, 1855, when that act came into operation, so far as the recovery of them before justices is concerned. Allotment notes are commy known as "Half-pay notes."

178 It is the duty of the shipping master to draw the allotment note, and it drawn on the agent of the owner, he usually does so on a written authority from such agent, who may then be the defendant in these proovedlings. Formas, Okè's “ Formals?,” 5th ed. Nos. 10, 11, p. 951, 952.

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or so misconducts herself as to be undeserving of support from her 17 & 18 Vict. husband, shall thereupon forfeit all right to further payments of any allotment of his wages which has been made in her favour. (Vide "Procedure for Recovery, &c.," p. 1600.) [Forms, Nos. 12, 13, Oke's Formulist," 6th ed. p. 952.]

c. 104.

IV. Repayment of Relief to Seamen's Families.

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By 17 & 18 Vict. c. 104, s. 192, a seaman's family may, in his absence, if they become chargeable, be relieved in proportions mentioned in this section; and by sect. 193, for the purpose of obtaining reimbursement by the guardians or overseers, they must give to the owner of the ship in which the seaman is serving a notice in writing, stating the proportion of the seaman's wages upon which it is intended to make the claim, and requiring the owner to retain such proportion for a period to be therein mentioned, not exceeding twenty-one days from the time of the seaman's return to his port of discharge, and also to give notice to the guardians or overseers of such return, which the owner is bound to do accordingly ;—and the said guardians, overseers, &c., may upon the seaman's return apply in a summary way. to any two justices having jurisdiction in such union or parish. for an order for such reimbursement . . . ; -and such justices. . . may hear the case, and may make an order for such reimbursement to the whole extent aforesaid, or to such lesser amount as they may under the circumstances think fit;-and the owner shall pay to such guardians, overseers, &c., out of the seaman's wages, the amount so ordered to be paid by way of reimbursement, and shall pay the remainder of the said wages to the seaman ;—and if no such order is obtained within the period mentioned in the notice [i. e. not exceeding twenty-one days from the seaman's return] so to be given by the owner, the proportion of wages so to be retained by him. shall immediately on the expiration of such period, and without deduction, be payable to the seaman. [Forms of Complaint, Summons and Order, Nos. 17-19, Oke's "Formulist," 6th ed. p. 953.]

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SEARCH WARRANT.

A justice may grant a search warrant in the following cases (amongst others):

In cases of Summary Conviction.] Tit. "Larceny," Vol. I. Note 223, p. 534.

For Stolen Property, Indictable.] Ante, p. 889.

For Counterfeit Coin, Coining Tools, &c.] Ante, p. 1348.

For Gunpowder under Malicious Injuries Act.] Ante, p. 1103,
Note 74.

For Forged Instruments, Paper.] Ante, p. 1087, Note 62.

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