No debt ex- recoverable till house keepers. Penalty for detaining sea men's effects. Penalty for permission before seamen leave. authority for the receipt of any such wages or salvage shall be irrevocable. 234. No debt exceeding in amount five shillings, incurred by any seaman after he has engaged to serve, shall be recoverable until the service agreed for is concluded. 235. If any person demands or receives from any seaman or apprentice to the sea service payment in respect of his board or lodging in the house of such person for a longer period than such seaman or apprentice has actually resided or boarded therein, he shall incur a penalty not exceeding ten pounds. 236. If any person receives or takes into his possession or under his control any monies, documents, or effects of any seaman or apprentice to the sea service, and does not return the same or pay the value thereof, when required by such seaman or apprentice, subject to such deduction as may be justly due to him from such seaman or apprentice in respect of board or lodging or otherwise, or absconds therewith, he shall incur a penalty not exceeding ten pounds, and any two justices may, besides inflicting such penalty, by summary order direct the amount or value of such monies, documents, or effects, subject to such deduction as aforesaid, to be forthwith paid to such seaman or apprentice. By the Merchant Shipping (Payment of Wages) Act, 1880:(r) 5. Where a ship is about to arrive, is arriving, or has arrived at the being on board end of her voyage, every person not being in Her Majesty's service, or ship without not being duly authorised by law for the purpose, who(a) goes on board the ship, without the permission of the master, before 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, Penalty for solicitations by lodging-house keepers. shall for every such offence be liable on summary conviction to a fine not exceeding twenty pounds, or, at the discretion of the court, to imprisonment for any term not exceeding six months: and the master of the ship or any officer of the Board of Trade may take him into custody, and deliver him up forthwith to a constable to be taken before a court or magistrate capable of taking cognizance of the offence, and dealt with according to law. (8) By the principal Act: 238. If within twenty-four hours after the arrival of any ship at any port in the United Kingdom, any person then being on board such ship solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such ship any effects of any seaman, except under his personal direction and with the permission of the master, he shall for every such offence incur a penalty not exceeding five pounds. (r) 43 & 44 Vict. c. 16. This section in effect supersedes the corresponding section (237) of 17 & 18 Vict. c. 104, upon which a somewhat narrow construction was placed in Attwood v. Case, 1 Q. B. D. 134. Its provisions may be extended, by order in The Council, to the ships of foreign countries, or houses: power laws. § 533. The Merchant Shipping (Fishing-boats) Act, 1883,(t) Seamen's lodgings. 48, empowers sanitary authorities, with the sanction of the President of the Board of Trade, or failing them the President to make byehimself, from time to time to make, revoke, and alter bye-laws and regulations relating to seamen's lodging-houses, within their districts and binding on all persons owning, keeping, or employed in such houses, and proceeds: Such bye-laws and regulations shall, amongst other things, provide for the licensing of seamen's lodging-houses, the inspection of the same, the sanitary conditions of the same, the publication of the fact of the house being licensed, the due execution of the bye-laws and regulations, and the non-obstruction of persons engaged in securing such execution, the preventing of persons not duly licensed holding themselves out as keeping or purporting to keep licensed houses, and the exclusion from licensed houses of persons of improper character, and sufficient penalties for the breach of such bye-laws and regulations, not exceeding in any case the sum of fifty pounds. Offences under the bye-laws are punishable as offences within the Merchant Shipping Act. The bye-laws are to be published in the London Gazette and in one local newspaper to be designated by the President of the Board of Trade. The same section empowers the Queen, by order in Council, to order "that in any seaport town or any part thereof, none but persons duly licensed under " such bye-laws and regulations "shall keep seamen's lodginghouses, or let lodgings to seamen," and an offence against such an order is punishable as an offence under the Merchant Shipping Acts, by a maximum penalty of £100. (t) 46 & 47 Vict. c. 41. Bye-laws under the repealed enactment (43 & 44 Vict. c. 16, s. 9) continue until new ones CHAPTER XI. OFFENCES, AND THE MAINTENANCE OF DISCIPLINE. Piracy. Setting fire to or casting away a ship with intent to murder. Setting fire to a ship. § 534. PIRACY, and other kindred offences, such as collusion with pirates, or attempts to induce master or seaman to turn pirate, are punishable under various old statutes, (a) with penal servitude for life, or for any less period, or with imprisonment for a term not exceeding three years. And any one who, with intent to commit, or at the time of committing, the crime of piracy, assaults with intent to murder, or stabs, cuts, or wounds any person, or unlawfully does any act by which the life of such person may be endangered, is guilty of felony punishable with death.(b) § 535. By the Offences against the Person Act, 1861: (c) 13. Whoever shall set fire to any ship or vessel, or any part thereof, or any part of the tackle, apparel, or furniture thereof, or any goods or chattels being therein, or shall cast away or destroy any ship or vessel, with intent in any of such cases to commit murder, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. By the Malicious Damage Act, 1861: (d) 42. Whosoever shall unlawfully and maliciously set fire to, cast away, or in any wise destroy, any ship or vessel, whether the same be complete or in an unfinished state, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be (a) 22 & 23 Car. 2, c. 11; 11 & 12 Will. 3, c. 7; 7 Will. 4 & 1 Vict. c. 88; amended by 54 & 55 Vict. c. 69, s. 1. (b) 7 Will. 4 & 1 Vict. c. 88, s. 2. ships to pre kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 43. Whosoever shall unlawfully and maliciously set fire to, or cast Setting fire to away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of judice the goods on board the same, or any person that has underwritten, or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. any owner or underwriters. 44. Whosoever shall unlawfully and maliciously, by any overt act, attempt to set fire to, cast away, or destroy any ship or vessel, under such circumstances that, if the ship or vessel were thereby set fire to, cast away, or destroyed, the offender would be guilty of felony, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age sixteen years, with or without whipping. of 45. Whosoever shall unlawfully and maliciously place or throw in, into, upon, against, or near any ship or vessel any gunpowder or other explosive substance, with intent to destroy or damage any ship or vessel, or any machinery, working tools, goods, or chattels, shall, whether or not any explosion takes place, and whether or not any injury be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. fire. 46. Whosoever shall unlawfully and maliciously damage, otherwise Damaging than by fire, gunpowder, or other explosive substance, any ship or ships othervessel, whether complete or in an unfinished state, with intent to destroy wise than by the same or to render the same useless, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. § 536. As to false signals and the like the Act continues: 47. Whosoever shall unlawfully mask, alter, or remove any light or signal, or unlawfully exhibit any false light or signal, with intent to bring any ship, vessel, or boat into danger, or shall unlawfully and maliciously do anything tending to the immediate loss or destruction of any ship, vessel, or boat, and for which no punishment is herein before provided, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for Exhibiting false signals. Removing or concealing buoys and other sea marks. Destroying wrecks or any articles belonging there to. Penalty for injuring lights, buoys, and beacons. Misconduct endangering ship, or life, or limb, a misdemeanor. life, or for any term not less than three years-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 48. Whosoever shall unlawfully and maliciously cut away, cast adrift, remove, alter, deface, sink or destroy, or shall unlawfully and maliciously do any act with intent to cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall in any other manner unlawfully and maliciously injure or conceal any boat, buoy, buoy rope, perch, or mark used or intended for the guidance of seamen for the purpose of navigation, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping. 49. Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. And by the Merchant Shipping Act, 1854: (e) 414. If any person wilfully or negligently commits any of the following offences: (that is to say) (1) Injures any lighthouse or the lights exhibited therein, or any buoy or beacon : (2) Removes, alters, or destroys any light-ship, buoy, or beacon: (3) Rides by, makes fast to, or runs foul of any light-ship or buoy : He shall, in addition to the expenses of making good any damage so occasioned, incur a penalty not exceeding fifty pounds. § 537. In addition to the numerous statutory penalties to which masters and seamen are subject for infringement of specific sections of statutes, the following general enactments require attention: By the Merchant Shipping Act, 1854:(ƒ) 239. Any master of, or any seaman or apprentice belonging to any British ship, who, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of such ship,(g) or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or (e) 17 & 18 Vict. c. 104. As to the application of the following sections of the (g) It is not necessary that the act done or omitted should be followed by actual loss, destruction, or damage, R. v. Gardner, 1 F. & F. 669. |