(2.) The documents aforesaid shall be public records and 1 & 2 Vict. documents within the meaning of the Public Record Offices c. 94; §§ 11-20. Acts, 1838 and 1877, and those Acts shall, where applicable, 40 & 41 apply to those documents in all respects, as if specifically 55; § 1. referred to therein. Vict. c. at foreign in colonies. 1854, s. 257.-(1.) Whenever a ship (c), in whatever part of Her Deposit of Majesty's dominions it is registered (except a ship whose documents business for the time being is to carry passengers (d) ports and whether cabin or steerage passengers) (e), arrives at a port (c) in a British possession (ƒ) or at a port (c) elsewhere 279. at which there is a British consular officer (g), and remains thereat for forty-eight hours, the master (c) shall, within forty-eight hours of the ship's arrival, deliver to the chief officer of customs (c) or to the consular officer (g) (as the case may be,) the agreement with the crew (h), and also all indentures and assignments of apprenticeships (i), or, if the ship is registered in a British possession (f), such of those documents as the ship is provided with : (2.) The officer (k) shall keep the documents during the ship's stay in the port (c), and in cases where any endorsements upon the agreement are required by this Act (1) shall make the same, and shall return the documents to the master within a reasonable time before his departure, with a certificate endorsed on the agreement (h), stating the time when the documents were respectively delivered and returned: (3.) If it appears that the required forms have been neglected, or that the existing laws have been transgressed, the officer (1) shall make an endorsement to that effect on the agreement (h), and forthwith transmit a copy of the endorsement, with the fullest information he can collect regarding the neglect or transgression, to the RegistrarGeneral of Shipping and Seamen (m): (4.) If the master (c) of a ship (c) fails (n) without reason (c) Defined. § 742. (d) Cf. § 267. (e) § 268, s. 3. (f) Int. Act, 18-9, § 18, s. 2. (g) Ibid. § 12, s. 20. (h) § 113. (i) §§ 105-109. (k) Sub.-s. 1 (1) See notes to § 114. (m) § 251. (n) Includes refusal; § 742. Docu ments to over to successor 1854, s. able cause to deliver any document in pursuance of this section, he shall for each offence be liable to a fine not exceeding twenty pounds (0); and in any prosecution for that fine it shall lie upon the master either to produce the said certificate (p), or to prove that he duly obtained it, or that it was impracticable for him to obtain it. 258. If during the progress of a voyage the master (q) is be handed removed, or superseded, or for any other reason quits the ship, and is succeeded in the command by some other on change person, he shall deliver to his successor the various of master. documents (r) relating to the navigation of the ship (q) and to the crew thereof which are in his custody, and if he fails (s) without reasonable cause (t) so to do, he shall be liable to a fine not exceeding one hundred pounds (u); and his successor shall immediately on assuming the command of the ship, enter in the official log-book (x) a list of the documents so delivered to him. 259. Corporations, &c., sailors' homes. 1854, s. 546. Sites for Sailors' Homes. 259. The corporation of a municipal borough, being a may grant port (q) in the United Kingdom, and any body corporate, sites for association, or trustees in any such port, existing or constituted for any public purposes relating to the government or benefit of persons engaged in the British merchant service, or to the management of docks and harbours (q), or for any other public purposes connected with shipping or navigation, may, with the consent of the Local Government Board, appropriate any land vested in them or in trustees for them as a site for a sailors' home, and may for that purpose either retain and apply the same accordingly, or convey the same to trustees, with such powers for appointing new trustees and continuing the trust as they think fit. (0) How recovered, §§ 680-684; (q) Defined, § 742. (r) e.g. register, log-book, agree- (t) Wrongful dismissal is no excuse for detention, and gives no lien on the documents. The St. Olaf (1876), 3 Asp. M. C. N. S. 268: (u) How recovered, §§ 680-684; how applicable, §§ 699, 716. (x) §§ 239, 210. Application of Part II. (y). Applica tion of 260 (g). This Part of this Act shall, unless the context Part II. or subject-matter requires a different application (2), apply Applicato all sea-going (a) ships (b) registered in the United tion of Kingdom, and to the owners (c), masters (b), and crews of Part II. such ships subject as herein-after provided (d) with respect registered United to to ships in the (a.) ships belonging to any of the three general light- Kingdom. house authorities (e); (b.) pleasure yachts; and (c.) fishing-boats (ƒ). 1854, s. 109. Part II. elsewhere 261 (y). This Part of this Act shall, unless the context Applicaor subject-matter requires a different application (2), on off tion of apply to all sea-going (a) British (g) ships (h) registered to ships out of the United Kingdom, and to the owners (c), registered masters (b), and crews thereof as follows; that is to say, (a.) the provisions relating to the shipping (i) and dis- the United charge (k) of seamen in the United Kingdom and to 1854, s. volunteering into the Navy (1) shall apply in every case; (b.) the provisions relating to lists of the crew (m) and to the property of deceased seamen and apprentices (n) shall apply where the crew are discharged (k), or the final port (b) of destination of the ship is, in the United Kingdom; and (c.) all the provisions shall apply where the ships (b) are (z) As there are no words saying the Part shall not apply to other ships, Dr. Lushington's reasoning in The Milford (1858), Swabey, 362, and The Jonathan Goodhue (1859), Swabey, 524, allowing the master of a foreign sea-going ship the same remedies for his wages as an English master (§ 167), appears to stand. (a) "Sea-going" is interpreted in Sult Union v. Wood (1893), 1 Q. B. 370, as in fact going to sea, and a registered British ship carrying salt on the Mersey was held not a going" ship within this section. 66 sea The court did not decide whether a ship (b) Defined, § 742. (e) Cf. Part XI. than in Kingdom. 109. Partial application of employed in trading or going (0) between any port (p) in the United Kingdom, and any port (p) not situate in the British possession (g) or country in which the ship is registered; and (d.) the provisions relating to the rights of seamen (p) in respect of wages (r), to the shipping and discharge of seamen in ports abroad (s), to leaving seamen abroad (s) and to the relief of seamen in distress in ports abroad (t), to the provisions, health, and accommodation of seamen (u), to the power of seamen to make complaints (x), to the protection of seamen from imposition (y), and to discipline (z), shall apply in every case except where the ship (p) is within the jurisdiction of the government of the British possession (q) in which the ship is registered. 262 (a). The following provisions of this Part of this Act shall not apply to ships belonging to the three general Part II. to lighthouse authorities (b) or to pleasure yachts, or to the ships of owners (c), masters (p), and crews thereof, namely, the prolighthouse authorities visions relating to and pleasure yachts. 1854, 8. 109; 1862, s. 13. (a.) the requirement of officers to hold certificates of competency, and the production of those certificates (d); (b.) the exemption from stamp duty and record of indentures of apprenticeship, and matters to be done for the purpose of such record (e); (c.) the entry in the agreement with the crew (ƒ) of the particulars respecting apprentices, and matters to be done for the purpose of such entry (g); (d.) the engagement or supply of seamen or apprentices by or through unlicensed persons (h); (e.) agreements with the crew (i) (except the provisions (g.) the accommodation for seamen (m); (h.) the deduction and payment of fines imposed under stipulations in the agreement (n); (i.) the delivery of documents at ports abroad to consular or customs officers (o); or (j.) official log-books (p). tion of boats. 263 (q).-(1.) This Part of this Act (except the provisions Partial thereof relating to the transmission and delivery of lists of applicacrews (r), volunteering into the Navy (s), and the property Part II. of deceased seamen (t)) shall not, subject as herein-after to fishing provided with respect to Scotland (u) or by the Fourth 1854, s. Part of this Act, apply to fishing-boats (x) exclusively 109; 1862, employed in fishing on the coasts of the United Kingdom, 46 & 47 or to the owners (y), skippers, and crews thereof. (2.) The provisions of this Part of this Act relating to- (e.) the delivery of an account of wages (§ 132); (f.) the granting of certificates of discharge and the return of certificates of competency by the master (§ 128); (g.) the decision of questions by the superintendent when referred to him (§ 137); (h.) the production of the ship's papers by the master 8. 13. Vict. c. 41, 88. 1, 55. |