forfeiture 1854, s. the person insisting on the forfeiture (m) to show that the in proceed seaman (n) or apprentice (0) was duly engaged in or be-ings for longed to the ship, and either that he left the ship before of wages. the completion of the voyage or engagement, or, if the 250. voyage was to terminate in the United Kingdom and the ship has not returned, that he is absent from her, and that an entry of his desertion has been duly made in the official log-book (p). (2.) The desertion shall thereupon, so far as relates to any forfeiture of wages under this part of this Act (m), be deemed to be proved, unless the seaman (n) or apprentice (0) can produce a proper certificate of discharge (q), or can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship (r). tion of 1854, s. 253. 232.-(1.) Where any wages (n) or effects (n) are under Applicathis Act forfeited for desertion (m) from a ship (n), those foreffects (n) may be converted into money, and those wages feitures. and effects, or the money arising from the conversion of the effects, shall be applied towards reimbursing the expenses caused by the desertion (m) to the master (n) or owner (s) of the ship, and subject to that reimbursement shall be paid into the Exchequer, and carried to the Consolidated Fund. (2.) For the purpose of such reimbursement, the master (n) or the owner(s), or his agent may, if the wages (n) are earned subsequently to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited (t); and the court (n) in any legal proceeding relating to such wages may order them to be paid accordingly (u). (3.) Where wages (n) are forfeited under the foregoing provisions of this Act in any case other than for desertion (x), the forfeiture shall, in the absence of any specific provision (m) § 221, 8. (a.). (n) Defined, § 742. (0) §§ 105-109. (p) §§ 239, 240; see § 228, s. 1. (q) §§ 126, 186. (r) This, in effect, throws the burden of proving just cause for absence on the seaman; see notes as to desertion, to § 221. Thus a seaman S.M.S.A. ordered home by the court to give (8) See note to § 58. (u) i.e. to such master or owner. N Decision of questions of and de to the contrary, be for the benefit of the master (y) or owner (2) by whom the wages are payable. 233. Any question concerning the forfeiture (a) of or deductions (b) from the wages (y) of a seaman (y) or apforfeiture prentice (c) may be determined in any proceeding lawfully ductions instituted with respect to those wages (d), notwithstanding in suits for that the offence in respect of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture (e), has not been made the subject of any criminal proceeding (ƒ). wages. 1854, s. 254. ment of out of wages. 1854, s. 252. Ascertain- 234. If a seaman (y) contracts for wages (y) by the voyage amount of or by the run or by the share, and not by the month (g) forfeiture or other stated period of time, the amount of forfeiture to be incurred under this Act (h) shall be an amount bearing the same proportion to the whole wages (y) or share, as a month (g) or any other period herein-before mentioned in fixing the amount of such forfeiture (as the case may be) bears to the whole time spent in the voyage or run; and if the whole time spent in the voyage or run does not exceed the period for which the pay is to be forfeited, the forfeiture shall extend to the whole wages (y) or share. Deduction from wages, ments to superin 235.-(1.) Every fine imposed on a seaman (y) for any act of misconduct for which his agreement (i) imposes a fine and pay shall be deducted (h) and paid as follows; that is to say, (a.) if the offender is discharged in the United Kingdom, and the offence, and the entry in the log-book required by this Act in respect thereof (k), are proved to the satisfaction, in the case of a foreign-going ship (y), of the superintendent (1) before whom the offender is discharged, and in the case of a home-trade ship (y) of the superintendent (1) at or nearest the port (y) at tendents, &c., of fines. 1854, s. 256. which the crew are discharged, the master (m) or owner (n) shall deduct the fine from the wages of the offender, and pay it to the superintendent (o); (b.) if the offender enters Her Majesty's naval service (p) or is discharged abroad before the final discharge of the crew in the United Kingdom, and the offence and the entry as aforesaid (q) are proved to the satisfaction of the officer in command of the ship he so enters, or of the consular officer (r) or other person by whose sanction he is discharged (s), as the case may be, the fine shall be deducted as aforesaid (1) and an entry made in the official log-book (u) of the ship and signed by the officer or other person to whose satisfaction the offence is proved; and (c.) on the return of the ship (x) to the United Kingdom the master (m) or owner (n) shall pay the fine to the superintendent (o) before whom the crew is (y) discharged, or in the case of a home-trade ship (m) to the superintendent (0) at or nearest the port (m) at which the crew are (y) discharged. (2.) If a master (m) or owner (n) fails (z) without reasonable cause so to pay the fine (a), he shall for each offence be liable to a fine not exceeding six times the amount of the fine not so paid (b). (3.) An act of misconduct for which any fine has been inflicted and paid by, or deducted (c) from the wages (m) of, the seaman (m) shall not be otherwise punished under this Act. 236. (1.) If a person by any means whatever persuades Penalty or attempts to persuade a seaman (m) or apprentice () to for enticneglect or refuse to join or proceed to sea in or to desert (e) desert and ing to harbour (u) §§ 239, 240. (r) See § 113. (d) $$ 105-109. (e) § 221, s. (a.). Penalty ways, and of stow aways and from his ship (f), or otherwise to absent himself from his duty (g), he shall for each offence in respect of each seaman (ƒ) or apprentice (h) be liable to a fine not exceeding ten pounds (i). (2.) If a person wilfully harbours or secretes a seaman (ƒ) or apprentice (h) who has wilfully neglected or refused to join, or has deserted (k), from his ship (f), knowing or having reason to believe the seaman or apprentice to have so done, he shall for every seaman (f) or apprentice (h) so harboured or secreted be liable to a fine not exceeding twenty pounds (i). 237.—(1.) If a person secretes himself and goes to sea in on stowa- a ship (ƒ) without the consent of either the owner (j), condiscipline signee, or master (ƒ), or of a mate, or of the person in charge of the ship, or of any person entitled to give that consent, he shall be liable to a fine not exceeding twenty pounds, or, in the discretion of the court, to imprisonment, compul- with or without hard labour, for a period not exceeding four weeks (i). seamen carried under sion. 1854, 98. 215, 258. Deserters from foreign ships. 15 & 16 Vict. c. 26. (2.) Every seafaring person whom the master (f) of a ship (ƒ) is, under the authority of this or any other Act, compelled to take on board and convey (1), and every person who goes to sea in a ship without such consent as aforesaid (m), shall, so long as he remains in the ship, be deemed to belong to the ship, and be subject to the same laws and regulations for preserving discipline, and to the same fines and punishments for offences constituting or tending to a breach of discipline (n), as if he were a member of, and had signed the agreement with, the crew (0). 238.-(1.) Where it appears to Her Majesty that due facilities are or will be given by the government of any foreign country for recovering and apprehending seamen (p) who desert (q) from British merchant ships(r) in that country, Her Majesty may, by Order in Council (s), stating that such facilities are or will be given, declare that this section shall apply in the case of such foreign country, subject to any limitations, conditions, and qualifications contained in the Order. (2.) Where this section applies in the case of any foreign country, and a seaman (p) or apprentice (t), not being a slave, deserts (u) when within any of Her Majesty's dominions from a merchant ship (p) belonging to a subject of that country, any court, justice, or officer that would have had cognisance of the matter if the seaman or apprentice had deserted from a British ship (u) shall, on the application of a consular officer (p) of the foreign country, aid in apprehending the deserter, and for that purpose may, on information given on oath, issue a warrant for his apprehension, and, on proof of the desertion, order him to be conveyed on board his ship (r) or delivered to the master (p) or mate of his ship, or to the owner (y) of the ship or his agent, to be so conveyed; and any such warrant or order may be executed accordingly. (3.) If any person harbours or secretes any deserter (u) liable to be apprehended under this section, knowing or having reason to believe that he has deserted (u), that person shall for each offence be liable to a fine not exceeding ten pounds (2). Official Logs. Official 239-(1.) An official log shall be kept in every ship (p) Logs. (except ships employed exclusively in trading between official ports (p) on the coasts of Scotland) in the appropriate form log to be for that ship approved by the Board of Trade. kept and to be 1854, ss. (2.) The Board of Trade shall approve forms of official evidence. log-books, which may be different for different classes of 280, 281, (p) Defined, § 742. (s) § 738; cf. § 731. (u) § 221, s. (a,). (y) See note to § 58. (z) How recovered, §§ 680-684; how applicable, §§ 699, 716. 283, 285. 1862, s. 13. 46 & 47 Vict. c. 41, 8.55. |