(1.) the capacity in which each seaman (h) is to serve (i): (e.) the amount of wages which each seaman (h) is to receive (i): (f.) a scale of the provisions which are to be furnished to each seaman (h): (.) any regulations as to conduct on board, and as to fines, short allowances of provisions, or other lawful punishment for misconduct which have been approved by the Board of Trade as regulations proper to be adopted, and which the parties agree to adopt. (3.) The agreement with the crew (k) shall be so framed as to admit of such stipulations, to be adopted at the will of the master () and seaman () in each case, whether respecting the advance and allotment of wages (1) or otherwise, as are not contrary to law (m). (4.) If the master (h) of a ship (h) registered (n) at a port (h) out of the United Kingdom has an agreement with the crew (k) made in due form according to the law of that port or of the port (h) in which her crew were engaged, and engages single seamen (h) in the United Kingdom, those seamen may sign the agreement so made, and it shall not then be necessary for them to sign an agreement in the form approved by the Board of Trade (0). ceed on the voyage is dangerous, and additional bands cannot be procured: Hartley v. Ponsonby (1857), 26 L. J. Q. B. 322, where an agreement between the captain of a vessel in such a position and seamen, that they should proceed at higher wages, was upheld, there being consideration for it, as they were not bound to proceed. (h) Defined, § 742. (i) Though usually a fresh agreement by which the seaman is to get higher wages than those stated in the articles cannot be upheld, there being no consideration (see note (g), ante; and Frazer v. Hatton (1857), 2 C. B. N. S., 512), yet in cases where the seaman's position and duties are changed during the voyage, the agreement may be varied. Thus in Hanson v. Royden (1867), L. R. 3 S.M.S.A. C. P. 47, a seaman, employed to act (1) §§ 140-144. (m) For stipulations contrary to law, see § 156, s. 1; § 195, s. 2; § 458, s. 1. (1) Cf. § 4. H Special as to agreements with crew of foreign 115. The following provisions shall have effect with provisions respect to the agreements with the crew (p) made in the United Kingdom in the case of foreign-going ships (q) registered either within or without the United Kingdom :(1.) The agreement shall (subject to the provisions of this Act as to substitutes) (r) be signed by each seaman (q) in the presence of a superintendent (s): (2.) The superintendent (s) shall cause the agreement to be read over and explained to each seaman (q), or otherwise ascertain that each seaman (q) understands the same before he signs it, and shall attest each signature (t): going ships. 1854, ss. 150-154. (3.) When the crew is first engaged the agreement shall (4.) Where a substitute is engaged in the place of a (p) § 113. (4) Defined, § 742. The super (8) Cf. §§ 247, 742. (t) As to proof, see § 694. or more voyages are in this Act referred to as running agreements: (6.) Running agreements (y) shall not extend beyond the next following thirtieth day of June or thirty-first day of December, or the first arrival of the ship at her port () of destination in the United Kingdom after that date, or the discharge of cargo consequent on that arrival: (7.) On every return to a port (z) in the United Kingdom before the final termination of a running agreement (y), the master (2) shall make on the agreement an endorsement as to the engagement or discharge of seamen, either that no engagements or discharges have been made, or are intended to be made before the ship leaves port, or that all those made have been made as required by law (a), and if a master (z) wilfully makes a false statement in any such endorsement, he shall for each offence be liable to a fine not exceeding twenty pounds (b): (8.) The master (2) shall deliver the running agreement (y) so endorsed to the superintendent (c), and the superintendent (c) shall, if the provisions of this Act relating to agreements have been complied with (d), sign the endorsement and return the agreement to the master (z): (9.) The duplicate (e) running agreement (y) retained by the superintendent (c) on the first engagement of the crew shall either be transmitted to the RegistrarGeneral of Shipping and Seamen (ƒ) immediately, or kept by the superintendent (c) until the expiration of the agreement, as the Board of Trade direct (g). 116. The following provisions shall have effect with Special respect to the agreements with the crew (h) of home trade provisions (y) § 115, s. 5. (z) Defined, § 742. (a) Engagements, §§ 114, 115; discharges, §§ 127-129. (b) Mode of recovery, see §§ 680684; application of tine, §§ 699, 716. (c) Cf. §§ 247, 742. (d) §§ 114, 115. (e) Sub-s. 3. (f) § 251. (g) When it shall be transmitted as to agreements with crew of hometrade ships. 1854, ss. 155, 156. 162. 35 & 36 Vict. c. 73, s. 16. ships (i) for which an agreement with the crew is required under this Act (k): (1.) Agreements may be made either for service in a particular ship (i) or for service in two or more ships (i) belonging to the same owner, but in the latter case the names of the ships and the nature of the service shall be specified in the agreement. (2.) Crews or single seamen (i) may, if the master (i) think fit, be engaged before a superintendent (1) in the same manner as they are required (m) to be engaged for foreign-going ships (i), but if the engagement is not so made, the master (i) shall, before the ship (i) puts to sea, if practicable, and if not, as soon after as possible, cause the agreement to be read and explained to each seaman (i), and the seaman (i) shall thereupon sign the same in the presence of a witness, and the witness shall attest the signature (n). (3.) An agreement for service in two or more ships belonging to the same owner may be made by the owner (o) instead of by the master (i); and the provisions of this Act with respect to the making of the agreement shall apply accordingly (p). (4.) Agreements shall not, in the case of ships () of more than eighty tons burden (q), extend beyond the next following thirtieth day of June or thirty-first day of December or the first arrival of the ship (i) at her final port (i) of destination in the United Kingdom after that date or the discharge of cargo consequent on that arrival: Provided that the owner or his agent may enter into time agreements in forms sanctioned by the Board of Trade with individual seamen (i) to serve in any one or more ships (i) belonging to such owner, and those agreements need not expire on the thirtieth (i) Defined, § 742. () Ships of 80 tons register and (m) By $115. (n) As to proof, see § 694. (0) Notes to § 58. (p) $$ 114-116. (4) A ship of 80 tons register or burden requires an agreement with the crew under § 113, but is exempt from the provisions of this subsection. day of June or the thirty-first day of December, and in crew of to be 117.—(1.) The master (s) of every foreign-going ship (s) Changes whose crew has been engaged before a superintendent (†) foreignshall, before finally leaving the United Kingdom, sign, and going ship send to the nearest superintendent (t), a full and accurate reported. statement, in a form approved by the Board of Trade, 1854, s. of every change which takes place in his crew before finally leaving the United Kingdom (u), and that statement shall be admissible in evidence in manner provided by this Act (x). (2.) If a master (s) fails (y) without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding five pounds (z). 158. agree with crew of foreign 118.(1.) In the case of a foreign-going ship (s), on the Certificate due execution of an agreement with the crew in accordance as to with this Act (a), and also, where the agreement is a ments running agreement (b), on compliance by the master (s), before the second and every subsequent voyage made going after the first commencement of the agreement, with the ships. provisions of this Act respecting that agreement (b), the 161. superintendent (†) shall grant the master (s) of the ship (s) a certificate to that effect. (2.) The master (s) of every foreign-going ship (s) shall, before proceeding to sea, produce to the officer of customs that certificate, and any such ship (s) may be detained (c) until the certificate is produced. (3.) The master (s) of every foreign-going ship (s) shall, within forty-eight hours after the ship's (s) arrival at her final port (s) of destination in the United Kingdom or (r) § 251. (8) Defined, § 742. (t) Cf. §§ 247, 742. (u) Under $ 256 the superinten dent shall transmit it to (§ 251) the Registrar-General. (x) In § 695. (y) By § 742, includes "refusal." (b) § 115, ss. 5-9. (c) For method of detention, see $ 692. 1854, s. |