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man is entitled to recover any extra-wages upon any collateral promise, beyond the sum stipulated by the articles, (Elseworth v. Woolmore, Abbott, 448,) not even though promised for extraordinary exertions when the ship was in danger. (Stilk v. Meyrick, 2 Camp. 817.) But for the wages due by the agreement, the seamen's claims supersede all others ; for, as was said in one case in the admiralty court, “ Wages are sacred liens, and as long as a plank remains, the sailor is entitled against all other persons as a security for his wages.”
8. Refusing to defend the ship. If any mariners or inferior officers of any merchant ship shall decline or refuse to defend the ship, or utter words to discourage others from doing so, every mariner so behaving shall lose all his wages, together with such goods as he may have in the ship, and suffer imprisonment for a time not exceeding six months. And every mariner who shall have laid violent hands on his commander, to hinder him from fighting in defence of his ship and goods, shall suffer death as a felon. 16 Car. II. c. 6. and 22 & 23 Car. II. c. 11.
9. Masters to deduct out of seamen's wages forfeitures to Greenwich Hospital.—The master of every vessel is required to keep a regular account of the penalties and forfeitures due to Greenwich Hospital by the mariners' disobedience ; to deduct the same from their wages, and to pay the amount thereof to the collector of the Greenwich Hospital duty, within three months after such deduction, upon pain of forfeiting treble the value thereof to the use of the said hospital. 2 Geo. II. c. 36. $9.
10. Wilfully destroying the ship.-If any master, mariner, &c. shall wilfully cast away, burn, or destroy his ship, or procure the samne to be done, he shall suffer death as a felon. 43 Geo. III. c. 113.
11. Running away with the ship.—This offence is inade also a capital felony by 11 & 12 W. III. c. 7, and 6 Geo. I. c. 19.*
12. Negligence of mariners.—Masters may reimburse themselves out of the wages of their mariners for losses happening by their negligence. (Raym. Rep. 650. I Bos. • Pul. 347.)
ABSTRACT of an ACT for the better Regulation and Government of
Seamen employed in the Coasting Trade of this Kingdom. 31 Geo. III. c. 39.
1. Masters must enter into agreements with seamen.-From the 1st day of July, 1791, it shall not be lawful for any master of any vessel trading from and to any port in Great Britain, to carry out to sea any seaman or mariner (except apprentices) without having before entered into agreement in writing with such seaman or mariner, to be signed as well by such master as by such seaman, for the wages which such seaman respectively, during the voyage or voyages, or during the time he shall have contracted or entered himself for; which contract or agreement shall declare what wages each seaman is to have, and when the same shall be payable, and for what time, or for what voyage or voyages such seaman shall have contracted or entered himself, every such agree. ment or agreements to be in force at the time of proceeding to sea on any such voyage; and, in case any such master shall carry out to open sea any seaman (except apprentices) upon any such voyage by open sea, without having first entered into such agreement, such master
* See also 58 Geo. III. c. 38. § 1.
shall forfeit the sum of £5 for every such seaman; to the use of Greenwich hospital, to be recovered upon information, on the oath of one or more witnesses, before any of his Majesty's justices of the peace of any place of Great Britain where such ship or vessel shall depart from, or come-to in, during such voyage. § 1. - Seamen to subscribe agreements. Every seaman, entering himself on board any such ship, shall subscribe his signature or mark to such agreement at the time of his so entering himself; which agreement, after the same shall be so subscribed by such seaman, and signed by the master, shall be conclusive and binding to all parties for and during the time or times so agreed or contracted for, to all intents and purposes. 82.
Seamen not so proceeding on the voyage.-In case any seaman, after he shall have entered into such agreement, shall neglect or refuse to proceed on the intended voyage or voyages for which he shall have entered, upon which such ship shall be destined to proceed, every such seaman shall forfeit, to the owner thereof, all such wages as shall be due to bim at the time of his so neglecting or refusing to proceed : and, upon complaint made of the same to any of his Majesty's justices of the peace within their respective jurisdictions, by the master or owner, such justice shall cause such seaman to be apprehended ; and in case such seaman shall refuse to proceed, and shall not give a sufficient reason for such refusal, to the satisfaction of such justice, then such seaman shall be committed to the house of correction, there to be kept to hard labour for any time not exceeding thirty days, nor less than fourteen days. $ 3. (See also 45 Geo. III. c. 81.]
Seamen absenting themselves.—In case any seaman, after having entered into such agreement, shall wilfully absent himself from the ship to which he shall belong, before the voyage or voyages agreed upon, or upon which such ship
shall have proceeded, shall be completed, or the cargo of such ship delivered, or before the time for which he shall have contracted or entered shall be expired, every such seaman shall, for every day he shall be so absent from his said ship, forfeit two days' pay to the use of Greenwich hospital; and in case any seaman, not entering into the service of his Majesty, shall totally leave or quit his said ship before the voyage or voyages agreed upon, or upon which such ship or vessel shall have proceeded, shall be completed, and the cargo of such vessel delivered, or before the expiration of the time for which he shall have contracted or entered, or before such seaman shall have a discharge in writing from the master or commander, such seaman, so learing or quitting such ship or vessel, shall forfeit one month's pay. $ 4.
Payment of wages.—The master of any ship employed in trading coastwise, and contracting with any seaman to perforin any such voyage, shall pay to every such seaman belonging to such ship his wages, (if demanded,) within five days after such ship shall have entered at the custom-house, or the cargo shall be delivered, or at the time the said seaman shall be discharged, which shall first happen, unless an agreement shall have been made or entered into to the contrary: in which case, the wages of such seaman shall be paid in terms of such agreement, after deducting the penalties and forfeitures by this act imposed, upon pain of forfeiting to each seaman, to whom payment of wages shall not have been made according to this act, the sum of 208. $ 5.
Wages recoverable in the usual manner. No seaman, by entering into such agreement, shall be deprived of using any means or methods for the recovery of wages against any ship, or the master or owners
thereof, which he may now lawfully make use of; and in cases where it may be necessary that the agreement aforesaid should be produced in court or elsewhere, no obligation shall lie on any seaman to produce the same; but such obligation shall lie on the master or the owner of the ship for which the wages shall be demanded. $ 6.
Penalties incurred to be deducted from the wages.—The masters or owners of any such ships, shall deduct out of the wages of any seaman incurring the penalties and forfeitures imposed by this act, whenever the same shall be incurred, and enter them into a book to be kept for that purpose, and make oath, if required, to the truth thereof; which book shall be signed by the said master, setting forth that the penalties and forfeitures contained in such book are the whole penalties and forfeitures stopt from any seaman by such master : and which penalties and forfeitures (except the forfeitures of wages to the owners on any seaman's refusing to proceed on their voyage or voyages) shall be applied to the use of Greenwich hospital, and shall be paid and accounted for by the masters to the officer of any port or place who shall collect the sixpence per month deducted out of the seaman's wages for the use of the said hospital. $ 7.
Penalties payable to Greenwich hospital.-In case any masters or owners of any such ships shall deduct out of the wages of seamen any of the said penalties and forfeitures for the use of Greenwich hospital, and shall not pay them within three months after such deduction, they shall forfeit treble the value thereof to the use of the said hospital. $ 8.
In agreement for the voyage, how such penalties are proportioned. - In all cases where the said seamen shall contract for wages by the voyage, and not by the month, or other stated period of time, the penalties and forfeitures aforesaid shall be ascertained in manner following, (that is to say,) if the whole time spent in the voyage shall exceed one lunar month, one month's pay shall be deemed to be a sum of money bearing the same proportion to the whole wages as a lunar month shall bear to the whole time spent in the voyage : and, in like manner, two days' pay shall be deemed to be a sum of money bearing the same proportion to the whole wages as two days shall bear to the whole time spent in the voyage: and, if the whole time spent in the voyage shall not exceed one lunar month, one month's pay shall be deemed a forfeiture of the whole wages contracted for: and, if such time shall not exceed two days, the forfeiture of two days' pay shall be deemed a forfeiture of the whole wages contracted for. $ 9.
Agreement not liable to stamp-duties. — Agreements, to be made by virtue of this act, shall not be liable to any stamp-duties whatever ; and nothing herein contained shall extend to any ship or vessel, unless of the burden of 100 tons or upwards, and shall go to open sea. Any seaman, belonging to any such ship, may enter on board any of his Majesty's ships or vessels, nor shall such' seaman or mariner, for such entry, forfeit the wages due to him, nor shall such entry be deemed a desertion. § 10.
An Act to amend an Act made in the thirty-first year of his present
Majesty, for the better Regulation and Government of Seamen employed in the COASTING Trade.
For better enforcing the provisions respecting the agreements of seamen, made in an act passed in the thirty-first year of his présent Majesty's reign, intituled, “ An Act for the better Regulation and Government of Seamen employed in the Coasting Trade of this Kingdom," be it enacted, that in case any seaman or mariner, after he shall have entered into any agreement as mentioned in the said act, shall neglect or refuse to proceed on the intended voyage for which he shall have entered, or upon which any ship, trading coastwise, shall be destined to proceed, it shall and may be lawful, upon complaint made thereof to any justice of the peace within the respective jurisdiction, by the master or owner of the ship to which such seaman so belongs, for such justice (and he is hereby required) to issue his warrant to apprebend such seaman ; and in case such seaman, &c. shall not give sufficient reason for such refusal, to the satisfaction of such justice, ihen to commit such seaman, &c. to the house of correction, there to be kept to hard labour for any time not exceeding thirty days, nor less than fourteen days.
37 Geo. III. c. 73.
An Act for preventing Desertion of Seamen from British Merchant
Ships trading to his Majesty's Colonies and Plantations in the West
and mariners, after entering into articles to serve on board British merehant ships, during the voyages from Great Britain to the colonies and plantations in the West Indies and back to Great Britain, do frequently desert from such ships on arrival at such colonies, on account of the exorbitant wages given by masters of other ships by the run or gross, &c. Be it enacted, that from the first day of July 1797, every seaman, mariner, and other person who shall desert at any time during the voyage, either out or home, from any British merchant-ship trading to or from the West India colonies or plantations, shall, over and above all punishments, penalties, and forfeitures, to which he is now by law subject, forfeit all the wages he may have agreed for, or be entitled to, during the voyage, from the master or owner of the ship on board which he shall enter, immediately after such desertion.-But it has been decided that a seaman wrongfully dismissed, or obliged to leave the ship from bad treatment, is not to be considered as a deserter, but will be entitled to his wages. (Robinet v. Exeter, 2 Rob. 261.) § 1.
Masters hiring seamen who have deserted.--Every master of any British merchant-ship, who shall hire or engage to serve on board his ship any seaman, &c. who shall, to the knowledge of such master, have deserted from any other ship, shall forfeit and pay £100. § 2.
Upon what terms seamen may be hired in the West Indies..No master or commander of any merchant-vessel shall hire or engage
any seaman, &c. at any port'or place in the West Indies, to serve on board any such merchant-vessel, at greater wages than double of the monthly wages contracted for with the seamen, &c. hired to serve on board such vessel at the time of her then last departure from Great Britain, being in the same degree and station as such seaman, &c. unless the governor, chief magistrate, collector, or comptroller of such port or place, shall think that greater wages ought to be given, and shall accordingly authorize the same to be given, by writing under his hand. And all contracts, bonds, bills, notes, and other securities, promises, and undertakings, made contrary hereto, shall be pull and void to all intents and purposes; and every person who shall make or enter into any such contract, &c., or who shall hire or procure to be hired any seamen, &c. to enter on board any vessel contrary hereto, or who shall pay, or procure to be paid or given, any greater wages, or other gratuity or advantage whatsoever, to or for any seamen, &c. as aforesaid, than is allowed by this act, shall, for every such offence, forfeit £100. 3. The 4th section, respecting apprentices, was repealed by 4 Geo. IV,
The 5th section, requiring the master to deliver lists of certain particulars, is repealed by 6 Geo. IV.
No seaman entitled to greater wages than herein authorized.-No seaman, mariner, or any other person, who shall, at any port or place in the West Indies, engage himself to serve, or who shall enter on: board any merchant-vessel which shall sail from Great Britain after the first of July, 1797, shall be entitled to receive any greater wages, or hire, or other gratuity or advantage whatsoever, than such wages or hire as hereinbefore authorized. $ 6.
Wages of dead men.- The wages due to any seaman, mariner, or.. other person hired or engaged on board any British merchant-ship for any voyage from any port in Great Britain to any port in the West Indies, and who has died on board during the voyage, shall, within three calendar months after arrival in Great Britain, be paid to the receiver of the sixpenny duty for Greenwich hospital, to the use of the executor or administrator ; and if any master shall neglect or refuse to pay the same to the said receiver, he shall pay for every such offence,", £50; and also double the amount of the wages due. And if the said wages be not lawfully demanded of the said receiver within three years of the payment thereof to him, they shall be forfeited to the seamen's hospital of the port to which such slip belongs ; but, in case there should be no seamen's hospital at that port, then to the use of the old and disabled seamen of the same port, and their families, to be distributed at the discretion of the magistrates for the county where such port shall be situate, or any two or more of them.
Disposition of penalties.—The penalties and forfeitures given by this act shall be paid and applied thus : one-third part to Greenwich hospital ; one-third part towards the support of the seamen's hospital at the port to which the ship or vessel, in respect of which the forfeiture shall arise, belongs ; but in case there shall be no seamen's hospital at that port, then to and for the benefit of the old and disabled seamen of the same port and their families ; to be distributed at the discretion of the persons having the direction of the merchantseamen's fund at such port; or, in case there shall be no establishment there, by the magistrate or overseer of the poor of such port; and the