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i Gail, s. ots the stor, bad or bases or other bead oë, or justice 6. 5.
of the peace of any city or toma corporate, where such asembly sear? be, by peoclamation to be ssie is the king's name, in the fiberinsiter directed to disperse theme res, and peaceably to degan to ther babitasies or to their lasta! basica" shall, to teai curbe rain or wounde tagetber, by the space of one hour atte sch command or request cade by paciamation they are to be sludgd fejes se Odence ti3, tas - Foruts,” art, p. 1166, szi fer opposing the proclamation ;-and by .? " that the cader and for of the proclamaties that shall be made by the sakerty of this act she be as beneatter fred; that is to say, -The festive of the peace, or other pera authorized by this act to zase be said proclamation, shin?, szezg the said noters, or s Dear to them as he can sies were, with a loud voice command, or care to be commanded, sence to be while proclamation is mat:rg, soi atter is dan open's and with loud voice made, or cause so be psie, proklamation in these monis, or like in etet:
* Oar sovereiga Isds the Qaeea càsrgeth sai commaadeth all perseas, being assembled, insediately to disperse themselves, and peszes by to depart to their habitations, or to their lawful business, spon the pains contained in the set made in the first year of King George, for preventiag tumalts and riotoas assemblies. God save the Queen"
" And every such justice and justices of the pesce, sherif, urder-sherii, garoz, baitit, and other head or alorsaid, within the limits of their respectire jurisdictions are hereby authorized, empowered and required, on notice or knowledge of arr such unlawial, rivious, and tumultuous assembly, to resort to the place where such uziawful, riotous and tumultuous asembly shall be, of persons to the number of twelve or more, and there to małe, or cause to be made, proclamation in manner aforesaid."
The exact form of the proclamation must be used, excepting of course the “queen" for the "king," although the statute sms woris “ like in eifect." Mr. Baron Vaughan and Mr. Justice Aldersoa acorlingly decided that the indictment must fail where "God sare the kirg "was omitted Teg. v. Chid, 4. Car. & P. 12): And where the indictment, in setting out the proelamation, containel the additional words of the reign of " after the monis first year," Mr. Justice Patteson held the variance fatal (Rez F. Woolves, 5, Car. & P. 316! The person assembled may be apprehended whether the hour has elapsed or not; but those remaining for that period after proclamation made are subject to a graver punishment, and may be seized br a justice, constable or other person called upon to assist, and taken before a justice (1 Geo. 1, st. 2, c. 3, s. 3). For a fuller explanation of the duties of justices with reference to the suppression of riots, see Rez r. Pixney, j Car. & P. 254 ; 3 B. & Ad. 947. The military may be called upon by the magistrates to act, if it should be found necessary. For remedies 1 Geo. 1, st. 2 against the hundred in case of damage by rioters, see ante, pp. 1156 c. 5. -1241, title “ Hundred;" and for riotously demolishing or injuring buildings, &c., see title “ Riots,” ante, p. 1166, Offences 476, 477.
RIVERS AND NAVIGATION. The 19 Geo. 2, c. 22, s. 3, authorizes one or more justices to sum- 19 Geo. 2, mon the owner or master of a ship sunk or stranded, &c., in a c. 22. harbour and remaining there, and to issue warrant for seizing and removing the ship and tackle, and unless the owner give security within five days, to make sale of the same. See 5 Burn's Jus. 29th ed. p. 767.
SANITARY ACTS. See “ Public Health,” “ Nuisances.”
SHOOL BOARDS. Recovery of Amount in Precept of School Board.] See 33 & 34 Vict. c. 75, s. 56, the amount being recovered as a poor rate (see tit. “ Rates," ante, p. 1582] by an officer appointed by the board, if the rating authority (the overseers in ordinary parishes, in boroughs the council, first schedule) makes default in paying the amount specified in the precept.
Audit of Accounts.] By poor-law auditor (s. 60).
Industrial Schools—Wandering Children.] See sects. 27 & 28, as to contribution of school boards towards industrial schools, Note 51, ante, p. 1434, and sect. 36, as to appointment of officer to bring destitute children before justices, in Note 54, ante, p. 1436.
I. Recovery of Seamen's Wages. Amount not exceeding, £50.] By sect. 188, any seaman 165 or ap- 17 & 18 Vict. prentice, or any person duly authorized on his behalf 166—may c. 104.
164 “ The Merchant Shipping Act Amendment Act, 1862," 25 & 26 Vict. c. 63, s. 13, applies some of the provisions of the 17 & 18 Vict. c. 104 to · Fishing Boats,” “ Lighthouse Vessels ” and “ Pleasure Yachts,” for which see tit. “ Fishing Boats," ante, p. 1401. By 25 & 26 Vict. c. 63, s. 65, the 3rd section of the 20 & 21 Vict. c. 43, Vol. I. p. 263 (except so much as provides for the payment of fees to the justices' clerk), is not to apply “to any proceeding under the direction of the Board of Trade, or under or by virtue of the 17 & 18 Vict. c. 104, or this act, or any act amending the same."
165 Definition of “ Seaman” and “ Ship.”] See Note 298, Vol. I. p. 573. See also sect. 109, as to what ships the act is applicable.
166 Under the repealed act 7 & 8 Vict. c. 112, s. 15, it was held that
17 & 18 Vict. sue in a summary manner before any two justices of the peace acting c. 104.
in or near to the place at which the service has terminated, or at
Itho to be Defendant.] The master or owner is to be the defendant, as by sect. 187, noticed infra, he is made liable for the tragis.
Eridence : - Agreement of Hiring-Right to Wages-DeductionsForfeitures, &c.) Apprentices to the sea service are bound in the manner provided by the sects. 141-145. The agreements with seamen are regulated by the following sections :--sect. 149, as to the particulars the agreement must contain, and in the form sanctioned by the board of trade;--sects. 150—154, as to agreements made in the United Kingdom for foreign-going ships ;--sect. 153, in home trade ships agreements to be entered into before a shipping master or other witness ;-sect. 156 allows special agreements to be made for home trade ships belonging to same owners;-sect. 159, seamen engaged in the colonies to be shipped before some shipping master or officer of customs ;-sect. 160, seamen engaged in foreign ports to be shipped with the sanction and in the presence of the consul;
the justices could not interfere on the application of the administrator of a deceased seaman. (Hollingsworth v. Palmer, 4 Eich. 267). That deci. sion will apply to the present act.
167 The seaman may abandon any excess abore £50, so as to bring his complaint within the jurisdiction of justices. If he is appointed to s higher office during a voyage, he is entitled to the higher wages without any confirmation of his appointment (Hanson v. Reyden, 17 Law T., N. S. 214).
168 This reference would be done by way of an order in those cases where the evidence of other accounts between the parties disclosed facts beyond the justices" jurisdiction to determine. Form, Oke's “ Formalist," 6th ed. No. 9, p. 951.
169 This does not mean a temporary residence (The Bkkoney, 5 Jur. X. S. 418, Admiralty).
sect. 163, alterations in agreements to be void unless attested to 17 & 18 Vict. have been made with consent of all parties ;-sect. 165, seamen not c. 104. bound to produce agreement, but it may be proved by parol without notice to produce, and without the attesting witness (s. 526).
When Wages accrue, are due, &c.] The wages commence either at the time the seaman, &c. commences work or at the time specified in the agreement (s. 181), and his wages are not dependent on the earning of freight;—but see the section as to loss of ship (s. 183). In case of death of seamen, &c. before payment, master is to pay the amount to consul or shipping master with full accounts; and in case of death during a voyage, to sell effects of the seamen and account in same manner (ss. 184, 194, 195). In cases where the service of the seaman terminates by wreck or loss of the ship, or by the seaman being left abroad under a certificate of his unfitness or inability to proceed on the voyage granted by some functionary, the seaman is entitled to wages for the time of service prior to such termination (s. 185; and seo s. 209). The wages are not to accrue during refusal to work or imprisonment (s. 186). By 30 & 31 Vict. c. 124, s. 7, whenever it is shown that any seaman or apprentice who is ill has, through the neglect of the master or owner, not been provided with proper food and water according to his agreement, or with such accommodation, medicines, medical stores, or antiscorbutics as are required by the principal act or by this act, then, unless it can be shown that the illness has been produced by other causes, the owner or master shall be liable to pay all expenses properly and necessarily incurred by reason of such illness (not exceeding in the whole three months' wages), either by such seaman himself, or by her Majesty's government, or any officer of her Majesty's government, or by any parochial or other local authority on his behalf, and such expenses may be recovered in the same way as if they were wages duly earned :-provided that this enactment shall not operate so as to affect any further liability of any such owner or master for such neglect, or any remedy which any seaman already possesses. By sect. 8, where a seaman is by reason of illness incapable of performing his duty, and it is proved that such illness has been caused by his own wilful act or default, he shall not be entitled to wages for the time during which he is by reason of such illness incapable of performing his duty. 17 & 18 Vict. c. 134, s. 175, contains the rules to be observed with respect to the settlement of wages ;--and sect. 187 enacts, that the master or owner of every ship shall pay to every seaman [not apprentice] his wages within the respective periods following; (that is to say,) -in the case of a home trade ship, within two days after agreement terminated, or at the time of seaman's discharge, whichever first happens; and in the case of all other ships (except ships in the southern whale fishery and similar voyages), within three days
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- 29 in Jo Asto deductions from wages on aovun if I essas 3 and 4;-expenses on conviction of 2S-disa for miscoaduct, an entry thereoi kartu a = delig, s. 256. As to entries in the ofa! de esis, 22 -84, 285, 287, 244. As to forfeiture FAST: INS-OL desertion, wilful disobedience of com. IDEA. 3. 23. see Lacis v. Jerhurst, 15 Lari. XS13ae's certi cate of desertion under sect. 16, eri biz asle in the official log (s. 250); -and see 23-34 35 Dramount of forfeitures are to be ascertaineda
ping: Beaty-Competency of both parties to give Erionum. En su months after the cause of complaint arose : *
170 See From T. Hatton, 26 L. J. (N. S.) C. P. 226.
171 1: 3 pescoesbie whether, if the seaman does not signify his ors seci se terminate the agreement, he can recover compensation in the estue of ages before magistrates for the time elapsed from the time of se of the saip sbroad and his arrival home. (See sect. 190.)