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local marine

1851, 88.

send to the Board of Trade such reports and returns as Trade over the Board of Trade require; and all minutes, books, and documents of, or used or kept by, any local marine board, boards. or by any superintendent (a), or by any examiner (b) or 119-121. other officer or servant under the control of any local marine board, shall be open to the inspection of the Board of Trade and their officers.

(2.) If any local marine board, by reason of any election not being held or of the simultaneous resignation or continued non-attendance of all or the greater part of the members, or from any other cause, fail to meet or to discharge their duties, the Board of Trade may, in their discretion, either take into their own hands the performance of the duties of the local marine board until the next triennial appointment and election thereof, or direct that a new appointment and election of the local marine board shall take place immediately.

(3.) If on complaint made to the Board of Trade it appears to them that at any port (c), any appointments or arrangements made by the local marine board under this Act are not such as to meet the wants of the port, or are in any respect unsatisfactory or improper, the Board of Trade may annul, alter, or rectify the same, as they think expedient, having regard to the intention of this Act and to the wants of the port.

Mercantile Marine Offices.

Mercantile

Marine
Offices.

Establish

ment and

246.-(1.) A mercantile marine office, with the requisite buildings, property, superintendents (a), deputies, clerks, and servants shall be maintained at every port (d) of the United Kingdom where there is a local marine board (), control of and may be established and maintained at such other marin ports (c) as the Board of Trade determine.

mercantile

offices.

1854, 88.

(2.) In every port (c) where there is a local marine 122, 123, board (d) the board shall procure the said buildings and 128, 129. property, and appoint and remove the superintendents (a), Viet. e.

(a) §§ 217, 742,. (4) § 94.

(c) Defined, § 712.
(d) § 244.

36 & 37

85, s. 10,

deputies, clerks, and servants, and regulate the business at, and have the control of, the mercantile marine office (e), subject as follows:

(a) The sanction of the Board of Trade shall be necessary, so far as regards the number of persons to be so appointed, and the amount of their salaries and wages, and all other expenses:

(b.) The Board of Trade shall have the immediate control of every such office, as far as regards the receipt and payment of money thereat, and every person appointed to be an officer in any such office shall, before entering upon his duties, give such security (if any) for the due performance thereof as the Board of Trade require.

(c.) If the Board of Trade have reason to believe that any superintendent (ƒ), deputy, clerk, or servant appointed by a local marine board (g) does not properly discharge his duties, they may cause the case to be investigated, and if they think fit remove him from his office, and provide for the proper performance of his duties until another person is duly appointed in his place.

(d.) The Board of Trade may appoint any superintendent of or other person connected with any sailors' home in the port of London to be a superintendent (f) with any necessary deputies, clerks, and servants, and may appoint an office in any such home to be a mercantile marine office (e), and all persons and offices so appointed shall be subject to the immediate control of the Board of Trade, and not of the local marine board (g) of the port.

(3.) At any port (h) at which the business of a mercantile marine office (e) is conducted otherwise (e) than under a local marine board (g), the Board of Trade may:

(a.) at any time establish a mercantile marine office (e) and for that purpose procure the requisite buildings and property, and appoint and remove all the

(e) § 246, s. 1.

(ƒ) §§ 247, 742.

(g) § 214.
() Defined, § 742.

requisite superintendents (i), deputies, clerks, and
servants; or

(b.) direct with the consent of the Commissioners of
Customs, that the whole or any part of the business.
of a mercantile marine office (k) shall be conducted at
the custom house, and thereupon the custom house
shall be a mercantile marine office (k) for the purposes
of that business, and any officer of customs there
appointed in that behalf by the Board of Trade shall
be a superintendent (i) or deputy within the meaning
of this Act.

247. (1.) It shall be the general business of super- Business intendents of mercantile marine offices (in this Act referred of mercanto as superintendents (/))—

tile mariue
office.
1854, ss.

to afford facilities for engaging seamen (m) by keeping 122, 124. registries of their names and characters:

to superintend and facilitate the engagement and discharge of seamen (m) in minner in this Act provided (n):

to provide means for securing the presence on board at the proper times of the seamen (m) who are so engaged: to facilitate the making of apprenticeships to the sea service (o) and

to perform such other duties relating to seamen (m), apprentices (), and merchant ships (m) as are by or in pursuance of this Act, or any Act relating to merchant shipping, committed to them.

(2.) Any act done by, to, or before, a deputy duly appointed shall have the same effect as if done by, to, or before, a superintendent.

248.-(1.) A person appointed to any office or service by Embezzleor under a local marine board (p) shall be deemed to be a ment by officers of clerk or servant within the meaning of section sixty-eight local of the Larceny Act, 1861 (relating to embezzlement) (q).

(i) §§ 247, 742.

(k) § 246, s. 1.

(1) Cf. § 742.

(m) Detined, § 742.

(n) §§ 127, 128.

() §§ 105-109.

(p) § 244.

(q) Whosoever, being a clerk or

marine

boards. 1862, s. 16.

(2.) If any person so appointed to an office or service(a.) fraudulently applies or disposes of any chattel,

money, or valuable security received by him (whilst employed in such office or service) for or on account of any local marine board (r), or for or on account of any other public board or department, for his own use, or any use or purpose other than that for which the same was paid, entrusted to, or received by him; or (b.) fraudulently withholds, retains, or keeps back the same, or any part thereof, contrary to any lawful directions or instructions which he is required to obey in relation to his office or service aforesaid,

that person shall be guilty of embezzlement within the meaning of the said section sixty-eight of the Larceny Viet. c. 96, Act, 1861 (8).

24 & 25

8. 68.

(3.) In any indictment under this section, it shall be sufficient to charge any such chattel, money, or valuable security as the property either of the local marine board (1) by whom the person was appointed, or of the board or department for or on account of whom the same was received.

(4.) Section seventy-one of the Larceny Act, 1861 (relating to the manner of charging embezzlement (t)), shall

servant. or being employed for the pur-
pose or in the capacity of a clerk or
servant, shall fraudulently embezzle
any chattel, money, or valuable
security which shall be delivered to
or received or taken into possession
by him for or in the name or on the
account of his master or employer,
or any part thereof, shall be deemed
to have feloniously stolen the same
from his master or employer, although
such chattel, money, or security was
not received into the possession of
such master or employer, otherwise
than by the actual possession of his
clerk, servant, or other person so
employed; and being convicted there-
of, shall be liable, at the discretion
of the court, to be kept in penal
servitude for any term not exceeding
fourteen years, and not less than three
years (cf. 54 & 55 Vict. c. 69, § 1),
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.
(r) § 244.

(8) See note (q), p. 189.

(t) $71. (Distinct acts of embezzlement may be charged in same Indictment.) For preventing difficulties in the prosecution of offenders in any case of embezzlement, fraudulent application, or disposition, hereinbefore mentioned, it shall be lawful to charge in the indictment, and proceed against the offender for, any number of distinct acts of embezzlement, or of fraudulent application or disposition, not exceeding three, which may have been committed by him against Her Majesty or against the same master or employer, within the space of six months from the first

apply as if an offence under this section were embezzlement under that Act,

249. The Board of Trade may dispense with the trans- Power to action in a mercantile marine office (u), or before a super- with transdispense intendent (x) of any matters required by this Act to be so action of transacted, and thereupon those matters, if otherwise duly matters at transacted, shall be as valid as if they were transacted in mercantile such an office or before a superintendent (x).

certain

marine

offices. 1854, s.

tion on

at

250. If a superintendent (x), deputy (x), clerk, or servant, 130. in a mercantile marine office (u) demands or receives save as Prohibiprovided by any Act, or authorised by the Board of Trade, taking any remuneration whatever, either directly or indirectly, fees 'mercantile for hiring or supplying any seaman (y) for a ship (y) or marine transacting any business which it is his duty to transact, he shall for every such offence be liable to a fine not 127. exceeding twenty pounds (z), and also to dismissal from 45 & 46 his office by the Board of Trade.

office.

1851, 8.

Vict. c.
55, s. 6.
(S. L. R.
Act, 1892).

Registra
tion of
and

Returns

respecting Seamen.

Registration of and Returns respecting Seamen. 251.—(1.) There shall be maintained in the port of London, under the control of the Board of Trade, an office, called the General Register and Record Office of Seamen. (2.) The Board of Trade may appoint and remove a EstablishRegistrar-General called "The Registrar-General of Ship- ment of ping and Seamen," and such assistants, clerks, and

to the last of such acts; and in every such indictment, where the offence shall relate to any money or any valuable security, it shall be sufficient to allege the embezzlement, or fraudulent, application, or disposition, to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the description f the property, shall be sustained, if the offender shall be proved to have embezzled, or fraudulently applied or dispose of, any amount, although the particular species of com or valuable security of which such amount was composed shall not be proved; or if

he shall be proved to have embezzled,
or fraudulently applied or disposed
of, any piece of coin or any valuable
security, or any portion of the value
thereof, although such piece of coin
or valuable security may have been
delivered to him in order that some
part of the value thereof should be
returned to the party delivering the
same, or to some other person, and
such part shall have been returned
accordingly.

(u) § 247, s. 1.
(x) §§ 247, 742.
(y) Defined, § 742.

(2) How recovered, §§ 680-684;
how applicable, §§ 699, 716.

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