such property in manner provided by Part Twelve of this Act (relating to the Mercantile Marine Fund) (e). docu of obtain 180. If any person, for the purpose of obtaining, either Forgery of for himself or for any other person, any property (f) of any ments, &c., deceased seaman (g) or apprentice (h) to the sea service, for purpose (a.) forges or fraudulently alters, or assists in forging ing proor fraudulently altering, or procures to be forged perty of or fraudulently altered any document purporting to show or assist in showing any right to such 1854, 8. property (f); or (b.) makes use of any document which has been so forged (c.) gives or assists in giving, or procures to be given, (e.) assists in procuring any false evidence or repre- that person shall for each offence be liable to penal servi- deceased seamen. 203. of seamen from 181. Where a seaman (g) invalided or discharged from Property any of Her Majesty's ships is sent home in a merchant disship, and dies during the voyage, the provisions of this Act charged respecting the property of deceased seamen (k) shall apply, Royal with this qualification, that the property shall be delivered, Navy. paid over, and disposed of in such manner as the Accountant- 204. General of Her Majesty's Navy directs. 1854, s. Reimbursement of Relief to Seamen's families to Reimbursement of Relief to Seamen's Families. 182. (1.) Whenever, during the absence of any seaman (1) on a voyage, his wife, or any of his children or Families. step-children, becomes chargeable to any union (m) or Relief to parish (n) in the United Kingdom, that union or parish seamen's shall be entitled to be reimbursed (o), out of the wages (1) charge of the seaman (1) earned during the voyage, any sums. able on a properly expended during his absence in the maintenance proportion of those members of his family or any of them, so that the sums do not exceed the following proportions of his wages (1); (that is to say,) certain of their wages. 1854, s. 192. Notice to owner, and enforcement of charge. 1854, s. 193. (a.) if only one of those members is chargeable, one half of the wages: (b.) if two or more of those members are chargeable, two thirds of the wages. (2.) If during the absence of the seaman (1) any sums have been paid by the owner of his ship to or on behalf of any such member as aforesaid, under an allotment note (p) made by the seaman in favour of the member, any claim for reimbursement as aforesaid (q) shall be limited to the excess (if any) of the proportion of the wages hereinbefore mentioned (q) over the sums so paid. 183. (1.) For the purpose of obtaining such reimbursement as aforesaid (q), the board of guardians (r) in a poor law union (r) in England or Ireland, and the inspector of the poor (s) in any parish in Scotland, may give to the owner of the ship () in which the seaman (1) is serving a notice in writing stating the proportion (q) of the seaman's wages (1) upon which it is intended to make a claim, and requiring the owner to retain such proportion in his hands. for a period to be therein mentioned, not exceeding twentyone days from the time of the seaman's (1) return to his (1) Defined, § 742. (m) 4 & 5 Will. IV., c. 76, § 109; see Int. Act, 1889, § 16. (n) Int. Act, 188, § 5. (0) Sir F. Jeune, in The Highland Chief (1892), P. 76, treats this as a "deduction" to be included in the account under § 132. (p) §§ 141-144. (q) § 182, s. 1. (r) Int. Act, 1889, § 16. port (t) of discharge, and also requiring the owner immediately on the seaman's (t) return to give notice in writing thereof to the board or inspector. (2.) The owner, after receiving any such notice, shall retain the said proportion of wages (t), and give notice of the seaman's (t) return accordingly, and shall likewise give to the seaman (t) notice of the intended claim. (3.) The board (u) or inspector (x) may, upon the seaman's (t) return, apply to a court of summary jurisdiction (y) having jurisdiction in the union (z) or parish (a) for an order for reimbursement (b); and that court may make a summary order for the reimbursement to the whole extent claimed, or to such lesser amount as the court, under the circumstances, think fit; and the owner shall pay to the board or inspector out of the seaman's wages (t) the amount so ordered to be paid by way of reimbursement, and shall pay the residue of the wages (t) to the seaman (t). (4.) If no order for reimbursement (b) is obtained within the period mentioned in the notice given to the owner as aforesaid, the proportion of wages (t) to be retained by him shall immediately on the expiration of that period and without deduction (c) be payable to the seaman (t). Destitute Seamen. Destitute Foreign seamen in 184.—(1.) If any person being a native of any country in Asia or Africa, or of any island in the South Sea or the Penalty on Pacific Ocean, or of any other country not having a consular masters of ships leavofficer (d) in the United Kingdom, is brought to the United ing certain Kingdom in a ship (t), British or foreign, as a seaman (f), distress in and is left in the United Kingdom, and within six months the United of his being so left becomes chargeable upon the poor rate, 17 & 18 Kingdom. or commits any act by reason whereof he is liable to be Vict. c. convicted as an idle and disorderly person, or any other 120, s 16. act of vagrancy, the master (t) or owner (e) of the ship (t), (t) Defined, § 742. (u) Int. Act, 1889, § 16. (x) 8 & 9 Vict. c. 83, § 32. (y) Int. Act, 1889, § 13, s. 12. (z) 4 & 5 Will. IV. c. 76, § 109; see Int. Act, 1889, § 16. (a) Int. Act, 1889, § 5. (b) § 182, s. 1. (c) § 132. (d) § 742. (e) Includes person having equitable interest; § 58, and note. Relief of destitute lascars. or in case of a foreign ship (ƒ) the person who is consignee of the ship at the time of the seaman being so left as aforesaid, shall be liable to a fine not exceeding thirty pounds (g), unless he can show that the person left as aforesaid quitted the ship (f) without the consent of the master (f), or that the master (f), owner, or consignee, has afforded him due means of returning to his native country, or to the country in which he was shipped. (2.) The court (ƒ) inflicting the fine may order the whole or any part of the fine to be applied towards the relief or sending home of the person left. 185. (1.) It shall be the duty of the Secretary of State (h) in Council of India to take charge of and send home or otherwise provide for all lascars or other natives 91, 88. 22, of India (i) who are found destitute in the United Kingdom. 18 & 19 Vict. c. 24. ss. 4 Geo. IV. c. 80, s. 34. (2.) If any such destitute person is relieved and maintained by a board of guardians () in a poor law union (k) in England or Ireland, or by the inspector of poor (1) in any parish in Scotland, the board or inspector may give notice thereof in writing (m) to the Secretary of State () in Council of India specifying, so far as is practicable, the following particulars; namely (a.) the name of the person relieved or maintained; and (b.) the part of India (i) of which he professes to be a native; and (c.) the name of the ship (f) in which he was brought to the United Kingdom; and (d.) the port (ƒ) abroad from which the ship sailed, and the port (f) in the United Kingdom at which the ship arrived when he was so brought to the United Kingdom, and the time of the arrival. (3.) The Secretary of State (h) in Council of India shall 3 & 4 Will, repay to the board of guardians (k) or inspector (1) out of IV. c. 93. the revenues of India (g) all moneys duly expended by them or him in relieving or maintaining the destitute (ƒ) Defined, § 742. (g) How recovered, §§ 680-684; how applicable, §§ 699, 716; and s. 2 of this section. (h) Int. Act, 1889, § 12, s. 3. (i) Int. Act, 1889, § 18, s. 5. (1) 8 & 9 Vict. c. 83, § 32. person after the time at which the notice is given (n), and any money so paid or otherwise paid by the said Secretary of State (o), on account of the relief or maintenance or passage home of the destitute person, shall be a joint and several debt due to the said Secretary of State (o) from the master (p) and owner (q) of the ship by which the destitute person was brought to the United Kingdom. (4.) This section shall apply only to such lascars or other natives of India (r) as have been brought to the United Kingdom either as seamen (p), or for employment as seamen (p), or for employment by the owner (q) of the ship (p) bringing them. Leaving Seamen abroad. 186.-(1.) In the following cases, namely Leaving Seamen abroad. 205. (a.) Where a British (s) ship is transferred or disposed Discharge of at any port (p) out of Her Majesty's dominions, of seamen in foreign and a seaman (p) or apprentice (t) belonging thereto countries. does not in the presence of some British consular 1854, 8. officer (u), or, if there is no such officer there, in the presence of one or more respectable British merchants. residing at the port (p) and not interested in the ship, signify his consent in writing to complete the voyage if continued; and (b.) Where the service of any seaman (p) or apprentice (t) belonging to any British (s) ship (p) terminates at any port out of Her Majesty's dominions, the master (p) shall give to that seaman (p) or apprentice (t) a certificate of discharge (r) in a form approved by the Board of Trade, and in the case of any certificated officer whose certificate he has retained shall return such certificate to him (y). (2.) The master shall also besides paying the wages (p) to which the seaman (p) or apprentice (1) is entitled, either (n) Sub-s. 2. (0) Int. Act, 1889, § 12, s. 3. (p) Defined, § 742. (q) Includes person having equit able interest; § 58, and note. (r) Int. Act, 1889, § 18, s. 5. (8) See note to § 1. (t) §§ 105-109. (2) Int. Act, 1889, § 12, s. 20. (x) Cf. § 128. (y) Cf. § 103. |