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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. 930, 931, 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.
H. Descary of Antrent Sites. 172 Stipristio u to is Agreement wits Searan.] By 17 & 18 Vict. C 104, 169, stipulations for the allotment of any part of the Fiece of a seaman Dot a master or pilot, or an apprentice; se definition of " Saman," in set. 2, Site 286, vol. I. p. 578] during his absence which are made at the commencement of the royage, 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 arə to be in a form sanctioned by the Board of Trade (and see s. 149).
Wije and other Relatires of Seaman may recorer.] 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 arə 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 whaterer 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 :
Prorided that the wife of any seaman who deserts her children,
in hrany notes were entirely superseded by the 17 & 18 Vict. c. 104,
***"lisi mus nutes."
A c. 104.
or so misconducts herself as to be undeserving of support from her 17 & 18 Vict.
IV. Repayment of Relief to Seamen's Families. 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,
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.]
223, p. 534.
34 & 35 Vict. c. 112.
For Petroleum.] Ante, p. 1536.
Property—Justices, where no Charge preferred to summon Person
SEWAGE UTILIZATION. See “Public Health," "Nuisances."
SEWERS. See 24 & 25 Vict. c. 133, ante, p. 1381, tit. “Drainage," as to commissions of sewers for drainage of land for agricultural purposes.
SHEEP AND CATTLE (OR CATTLE PLAGUE). The Contagious Diseases (Animals) Act, 1878 (41 & 42 Vict. c. 74), "An act for making better provision respecting contagious diseases of cattle and other animals and for other purposes," repealing as it does all former provisions, is now the only legislative enactment upon the subject. Governing as it does so important a branch of our domestic economy, it has been thought desirable that the whole of its provisions, as they apply to England should be given in their entirety, the more especially as throughout, it will be seen that the authority of the magistracy is constantly called into requisition. The sections, schedules, and orders in council are as follows:
“ PART I.-General. “1. Short Title.] This act may be cited as the Contagious Diseases (Animals) Act, 1878.
“2. Commencement of Act.] (1.) This act shall, except as otherwise expressed, commence and have effect from and immediately after the thirtieth day of September, one thousand eight hundred and seventy-eight, which time is in this act referred to as the commencement of this act.
“ (2.) But on and after the passing of this act any order of council and order in council necessary or proper for bringing this act into operation at the commencement thereof, and any order or regulation of a local authority authorized by any such order of council or in council, may be made so that the same do not take effect before the commencement of this act; and on and after the passing of this act any committee and any inspector or other officer may be appointed to act under this act as from the commencement thereof.
“3. Division of Acts into Parts.] This act is divided into parts, 41 & 42 Vict. as follows:
“ Part I.-General.
“ Part IV.-Ireland.
"(2.) The repeal of enactments or any other thing in this act shall not
“(i.) Affect the past operation of any of those enactments, or any order of council or in council or regulation of a local authority made, or any licence granted, or any committee or sub-committee constituted, or any appointment made, or any right, title, obligation, or liability accrued, or any money borrowed, or any market, wharf, lair, landing-place, or other accommodation provided, or any rate or mortgage made, or the validity or invalidity of anything done or suffered, under any of those enactments before the commencement of this act:
“(ii.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect of any offence committed against, or penalty or forfeiture incurred or liability accrued under or in consequence of, any of those enactments or any order or regulation made thereunder:
*(ii.) Take away or abridge any protection or benefit given or to be enjoyed in relation thereto.
“(3.) Notwithstanding the repeal of enactments or any other thing in this act, every order of council and in council and other thing in this section mentioned shall continue and be as if this act had not been passed; but so that the same may be revoked, altered, or otherwise dealt with under this act, as if it had been made or done under this act.
"(4.) This act, instead of the Contagious Diseases (Animals) Act, 1869, shall be deemed to be referred to in the Destructive Insects Act, 1877; and penalties under the provisions of that act relating to Great Britain shall be recoverable in manner provided in Parts II. and III. of this act.
“5. Interpretation and Construction.] (1.) In this act-
" (ü.) 'Animals' means, except where it is otherwise expressed, cattle, sheep, and goats, and all other ruminating animals, and swine :
"(ü.) Disease' means cattle plague (that is to say, rinderpest, or the disease commonly called cattle plague), contagious pleuro