1 Geo. 1, st. 2, or by the mayor, bailiff or bailifs, or other head officer, or justice of the peace of any city or town corporate, where such assembly shall be, by proclamation to be made in the king's name, in the form hereinafter directed, to disperse themselves, and peaceably to depart to their habitations or to their lawful business," shall, to that number remain or continue together, by the space of one hour after such command or request made by proclamation they are to be adjudged felons (see Offence 475, tit. “Exts,” ante, p. 1166, and for opposing the proclamation);—and by sect. 2, “that the crder and form of the proclamations that shall be made by the authority of this act shall be as hereafter followed; that is to say, -The justice of the peace, or other person authorized by this act to make the said proclamation, shall, among the said rioters, or as near to them as he can safely come, with a loud voice command, or cause to be commanded, silence to be while proclamation is making, and after that shall openly and with loud voice make, or cause to be made, proclamation in these words, or like in effect: **Our sovereign lady the Queen chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, apon the pains contained in the set made in the first year of King George, for preventing tumalts and riotous assemblies. God save the (Queen)" “And every such justice and justices of the peace, sheriff, under-sheriff, mayor, bailiff, and other head officer aforesaid, within the limits of their respective jurisdictions, are hereby authorized, empowered and required, on notice or knowledge of any such unlawful, riotous, and tumultuous assembly, to resort to the place where such unlawful, riotous, and tumultuous assembly shall be, of persons to the number of twelve or more, and there to make, 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 says words like in effect." Mr. Baron Vaughan and Mr. Justice Alderson accordingly decided that the indictment must fail where "God save the King" was omitted (Reg. v. Child, 4, Car. & P. 442), And where the indictment, in setting out the proclamation, contained the additional words "of the reign of " after the words "first year," Mr. Justice Patteson held the variance fatal (Rez v. Woodcock, 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 by a justice, constable or other person called upon to assist, and taken before a justice (1 Geo. 1, st. 2, c. 5, s. 3). For a fuller explanation of the duties of justices with reference to the suppression of riots, see Rez v. Pinney, 3 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. SEAMEN. 164. I. Recovery of Seamen's Wages. III. Recovery of Allotment Notes. IV. Repayment of Relief to Seamen's Families. 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." 66 165 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 which the seaman or apprentice has been discharged,—or at which any person upon whom the claim is made is or resides,- for any amount of wages due to such seaman or apprentice not exceeding £50 167 over and above the cost of any proceeding for the recovery thereof, so soon as the same becomes payable; and every order made by such justices ・・・ in the matter shall be final [and not subject to appeal even on a question of law, Calligan v. Dolliven, 38 L. J. (N. S.) M. C. 110; 21 Law T., N. S. 827]. By sect. 189, it appears that suits may be brought for wages not exceeding £50 in superior courts in certain cases-i. e. if the owner of the ship is adjudged bankrupt or declared insolvent, or the ship is under arrest or is sold by due authority,—or the justices refer the case 168 to be adjudged by the superior court,-or where neither the owner nor master is or resides 169 within twenty miles of the place where the seaman or apprentice is discharged or put ashore. By sect. 190, no seaman can sue for wages abroad, except in cases of discharge or of danger to life. See Admiralty Court Act, 24 Vict. c. 10, s. 10. Who to be Defendant.] The master or owner is to be the defendant, as by sect. 187, noticed infra, he is made liable for the wages. Evidence:-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. 155, 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 Exch. 267). That decision will apply to the present act. 167 The seaman may abandon any excess above £50, so as to bring his complaint within the jurisdiction of justices. If he is appointed to a higher office during a voyage, he is entitled to the higher wages without any confirmation of his appointment (Hanson v. Royden, 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 "Formulist,” 6th ed. No. 9, p. 951. 169 This does not mean a temporary residence (The Blakeney, 5 Jur.. N. 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 see 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 stricter of prvi ve days after the seaman's viziver ist harcens:-and in all cases the seaman det at je zme or Escharge to be paid on account a sum eq I de bine fer him—and if the master or ow HOME I STIs I make payment, he is to pay to the seamat zingis pay for each of the days, not exceedi a bang vich payment is delayed beyond the respecți Mini tes applicable to the master also, if: bas nut ben pulty of any derelisen of duty in furnishing 1 are Edna, X L. J. N.S.) Adm. 137; 4 Law! Awek 7 ini vinch sm is recoverable as wages. 170 By sa esmen Esthered before voyage commenced, or before In ac funt in their part, to be entitled to any wag ameİ Kİ Kopensioon but exceeding a month's wages, to bel JENÍ S TIs the discharge of seamen and payme II Der viga se sects 17-174. Seamen discharged abroad, t su i što ir vise, a be sent home at expense of owner, I UT SEC DOH expenses to be recovered as wages (s. 205), 171niexa26 KILAN the manner of paying and recover DE VIDS TIME seamen are left abroad on the ground of inability Seimer & Taps vie le eti ship. Customs' officers to tak the of seaman's effects & 197; and 25 & 26 Vict. c. 63, s. 3. BUENT & 61 & 21. the wages of seamen or apprent Tài vàh the ship to which they belong may be recover be the board of trade from the owner of the ship in the sa manner in which seamen's wages are recoverable." Iriutuna from Tapes. As to deductions from wages on account of Iness, se s. 288, articles 3 and 4;-expenses on conviction 4 SELTET. 8. 271:—and fines for misconduct, an entry thereof hav been made in the tial log, s. 256. As to entries in the off bg sesis, 81, 22, 24, 255, 287, 244. As to forfeiture Tags I part of wages-on desertion, wilful disobedience of onmod spling, &c. s. 243, see Lewis v. Jewhurst, 15 Law T. N. S. 27 to ecnsal's certificate of desertion under sect. 17. entry thereof being made in the official log (s. 250);—--and see ** 232-234 as to bow amount of forfeitures are to be ascertained: Procedure for Bec very-Competency of both Parties to give End) Wax months after the cause of complaint arose; or 170 See Frar v. Hatton, 26 L. J. (N. S.) C. P. 226. 171 It is questionable whether, if the seaman does not signify his con sent to terminate the agreement, he can recover compensation in the nature of wages before magistrates for the time elapsed from the time of sale of the ship abroad and his arrival home. (See sect. 190.) |
