Special justices of the peace (1), and those justices shall ascertain that the boy has consented to be bound and has attained the age of twelve years and is of sufficient health and strength, and that the person to whom the boy is bound is a proper person for the purpose (1). 108.-(1.) Every indenture of apprenticeship (m) to the provisions sea service (n) shall be executed in duplicate and shall be as to apprentice- exempt from stamp duty. ship to the sea service. 1854, 8. 143. (2.) Every indenture of apprenticeship to the sea service, made in the United Kingdom, and every assignment or cancellation thereof, and, where the apprentice bound dies or deserts, the fact of the death or desertion, shall be recorded. (3.) For the purpose of the record (a.) a person to whom an apprentice to the sea service is bound shall within seven days of the execution of the indenture take or transmit to the RegistrarGeneral of Shipping and Seamen (o), or to a superintendent (p), the indenture executed in duplicate, and the Registrar-General or superintendent shall keep and record the one indenture and endorse on the other the fact that it has been recorded and re-deliver it to the master of the apprentice (q); (b.) the master shall notify any assignment or cancellation of the indenture, or the death or desertion of the apprentice, to the Registrar-General of Shipping and Seamen (o), or to a superintendent (p), within seven days of the occurrence, if it occurs within the United Kingdom; or, as soon as circumstances permit, if it occurs elsewhere. (4.) If any person fails (r) to comply with any require (1) This being a judicial Act (Queen v. Totness (1849), 11 Q. B. 80), the two justices must be present together to perform it. R. v. Hamstall (1789), 3 T. R. 380. (m) May be rescinded. See § 168. (n) Every indenture of apprenticeship implies a warranty of seaworthi ness of the ship on which the apprentice is bound to serve (§ 458,8. 1). (0) § 251. (p) Cf. §§ 247, 742. (q) The superintendent shall transmit the indenture to the RegistrarGeneral (§ 256, s. 1). (r) Includes "refuses;" § 742. ment of this section, he shall for each offence be liable to a fine (s) not exceeding ten pounds (†). Produc tion of in tendent 109.—(1.) The master (u) of a foreign-going ship (u) shall, before carrying an apprentice to sea from a port (u) in the dentures United Kingdom, cause the apprentice to appear before to superinthe superintendent (x) before whom the crew are engaged, before and shall produce to the superintendent the indenture by voyage in which the apprentice is bound (y), and every assignment going thereof. foreign ship. 1854, s. (2.) The name of the apprentice, with the date of the 145. indenture and of the assignments thereof, if any, and the names of the ports at which the same have been registered (z), shall be entered on the agreement with the crew (a). (3.) If the master fails (b) without reasonable cause to comply with any requirement of this section he shall for each offence be liable to a fine not exceeding five pounds (t). Licences to supply Seamen (c). Licences to supply Seamen. 110. The Board of Trade may grant to such persons (d) as the Board think fit licences to engage or supply seamen (u) Licence or apprentices for merchant ships (u) in the United Kingdom, for supply and any such licence shall continue for such period, and 1854, s. may be granted and revoked on such terms and conditions 146. as the Board think proper. of scamen. for en gaging 111.-(1.) A person (d) shall not engage or supply a Penalty seaman (u) or apprentice to be entered on board any ship (") in the United Kingdom, unless that person either holds a seamen licence from the Board of Trade for the purpose, or is licence. without 1854, s. 147. Penalty for re ceiving tion from the owner (e) or master (f) or mate of the ship (ƒ), or is bonâ fide the servant and in the constant employment of the owner (e), or is a superintendent (g). (2.) A person shall not employ for the purpose of engaging or supplying a seaman (ƒ) or apprentice to be entered on board any ship (ƒ) in the United Kingdom any person (h), unless that person either holds a licence from the Board of Trade for the purpose, or is the owner (e) or master (f) or mate of the ship, or is bonâ fide the servant and in the constant employment of the owner (e), or is a superintendent (g). (3.) A person (h) shall not receive or accept to be entered on board any ship any seaman (f) or apprentice, if that person knows that the seaman (f) or apprentice has been engaged or supplied in contravention of this section (i). (4.) If a person (h) acts in contravention of this section (k), he shall for each seaman (ƒ) or apprentice in respect of whom an offence is committed, be liable to a fine not exceeding twenty pounds (1), and, if a licensed person (m), shall forfeit his licence. 112.-(1.) A person (n) shall not demand or receive directly or indirectly from a seaman (f) or apprentice to remunera the sea service, or from a person seeking employment as seamen for a seaman (ƒ) or apprentice to the sea service, or from a person on his behalf, any remuneration whatever for providing him with employment other than any fees authorized by this Act (0). engagement. 1854, s. 148. (2.) If a person (p) acts in contravention of this section, he shall for each offence be liable to a fine not exceeding five pounds (9). Engagement of Seamen (r). Engagement of Seamen. crew. 113.—(1.) The master (s) of every ship (t), except ships (t) of less than eighty tons registered tonnage exclusively Agreeemployed in trading between different ports (t) on the ments with coasts of the United Kingdom, shall enter into an agrec- 1854, 88. ment (in this Act called the agreement with the crew (u)) in 149, 157. accordance with this Act (x) with every seaman (t) whom he carries to sea as one of his crew (y) from any port (t) in the United Kingdom. (2.) If a master (t) of a ship (t) carries any seaman (t) to sea without entering into an agreement with him in accordance with this Act (a), the master (t) in the case of a foreign-going ship (t), and the master (t) or owner (s) in the case of a home-trade ship (t), shall for each offence be liable to a fine not exceeding five pounds (q). (p) Int. Act, 1889, §§ 2, 19. (1) For mode of recovery, sec $$ 680-684; application of fine, §§ 699, 716. (r) As to application of this Part, sce §§ 261-263, and Preliminary Note to Part II. (8) Includes person equitably interested; § 58. (t) Defined, § 742. (u)"Seaman" is defined in § 742 to include every person except masters, pilots, and apprentices, duly indentured and registered, employed or engaged in any capacity on board a ship." There are, therefore, seamen who never go to sea, as storekeepers, stevedores, etc. (cf. Thomson v. Hart (1890), 18 Sc. Sess. Cases, 4th series, Just. 3). The only seamen, therefore, who sign the "agreement with the crew are "those carried to sea as members of the crew (§ 113). The "master" is usually distinguished from the " crew" (cf. the sections from § 260 on), but in the list of the crew (§ 254) the crew are "Crew" appears, therefore, to in- (y) The agreement need only be entered into when or before the ship goes to sea. "Seamen may be orally engaged to do work on the ship before she goes to sea, without such an agreement with the crew, and may enforce their lien on the ship for wages due under such oral agreement, the ship not, in fact, going to sea at all. Re Great Eastern S.S. Co. (1885), 5 Asp. M. C. 511. Form, period, and con 114.-(1.) An agreement with the crew (2) shall be in a form approved by the Board of Trade, and shall be dated at the time of the first signature (a) thereof, and shall be signed by the master (b) before a seaman (c) signs the with crew. same (d). ditions of agreements 1854, s. 149, Vict. c. 85, (2.) The agreement with the crew (2) shall contain as terms thereof the following particulars (e) : (a.) either the nature (ƒ), and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement and the places or parts of the world, if any, to which the voyage or engagement is not to extend: (b.) the number and description of the crew (g), specifying how many are engaged as sailors: (c.) the time at which each seaman (c) is to be on board or to begin work: (z) § 113. (a) i.e. the master's. (b) Whether owner's or charterer's master appears immaterial, as regards the seaman's lien on the ship. Re Great Eastern S.S. Co. (1885), 5 Asp. M. C. 511. (c) Defined, § 742. (d) Before a seaman signs, the master must also enter in the agreement certain particulars as to the load-line; § 440, s. 3. (e) It must contain any stipulations for allotment of wages (§ 140); it also contains an implied warranty of the ship's seaworthiness (see § 458, s. 1). Endorsements during the voyage are provided for in respect of engagement and discharge of seamen, § 115, s. 7; the same abroad, § 124, 1 (c.); report of character, § 129, s. 1; the property of deceased seamen, § 170, s. 2; particulars in respect of seamen discharged abroad and their wages, §§ 186, s. 3; 189, s. 4; sending home distressed seamen, § 191, s. 3; and see generally, § 257. The provisions in this and the preceding section are in favour of the seaman. Re Great Eastern S.S. Co., ubi supra; and a construction favourable to the seaman is generally adopted. See The Nonpareil (1864), Br. & L. 355. (J) The object of requiring this to . be described is to give the seaman a fair intimation of the nature of the service in which by signing he is about to engage himself. Per Dr. Lushington, in The Westmorland (1841), 1 W. Rob. at p. 228. In that case the material words were "until her return to a port of discharge in Great Britain or Continent of Europe (in either case the voyage to end in Great Britain)." Dr. Lushington considered this too wide, the actual voyage proposing to call at Cowes for orders, which were given for Rotterdam. A similar view was taken by Lord Stowell, on the earlier words, "the voyage," in The Minerva (1825), 1 Hagg. 347; The George Home (1825), ibid. 370. The voyage may be described in the alternative; i.e. for a specified voyage, or for a specified time, and the agreement may provide for transfer to another vessel in the same employ. Frazer v. Hatton (1857), 2 C. B. Ñ. S. 512. (g) If this number during the voyage falls below that mentioned in the articles, this will not discharge the seamen : Harris V. Watson (1791), 1 Peake, 102; Stilk v. Myrick (1809), 2 Camp. 317; The Araminta (1854), 18 Jur. 793; Harris v. Carter (1854), 3 E. & B. 559); unless the ship is so short-handed that to pro |