c. 86. ship or vessel shall be subject or liable to answer for or make good to No. XVII.a. any one or more person or persons any loss or damage by reason of any 26 Geo. III. robbery embezzlement secreting or making away with of any gold silver diamonds jewels precious stones or other goods or merchandize which from and after the first day of September one thousand seven hundred and eighty-six shall be shipped taken in or put on board any ship or vessel, or for any act matter or thing damage or forfeiture done occasioned or incurred from and after the passing of this Act without the privity and knowledge of such owner or owners, further than the value of the ship or vessel with all her appurtenances and the full amount of the freight due or to grow due for and during the voyage wherein such robbery embezzlement secreting or making away with as aforesaid shall be made committed or done, although the master or mariners shall not be in any wise concerned in or privy to such robbery embezzlement secreting or making away with; any law usage or custom to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That no nor for any Loss occasioned owner or owners of any ship or vessel shall be subject or liable to answer for or make good to any one or more person or persons, any loss or da- by Fire on mage which may happen to any goods or merchandize whatsoever which board: from and after the first day of September one thousand seven hundred and eighty-six, shall be shipped taken in or put on board any such ship or vessel by reason or means of any fire happening to or on board the said ship or vessel. III. And whereas disputes may arise whether the owners or masters Nor for Loss of ships are liable to answer or make good the value or amount of any of Gold, &c. gold silver diamonds watches jewels or precious stones which may be unless at the lost after the same have been put on board their ships on freight Time of without the shippers thereof declaring at the time the value of such shipping, De'goods;' Be it therefore enacted by the authority aforesaid, That no claration be master owner or owners of any ship or vessel shall be subject or liable to made of the answer for or make good to any one or more person or persons any loss Value, &c. or damage which may happen to any gold silver diamonds watches jewels or precious stones which from and after the passing of this Act shall be * shipped taken in or put on board any such ship or vessel by reason or means of any robbery embezzlement making away with or secreting thereof, unless the owner or shipper thereof shall at the time of shipping the same insert in his bill of lading, or otherwise declare in writing to the master owner or owners of such ship or vessel, the true nature quality and value of such gold silver diamonds watches jewels or precious stones. IV. And be it further enacted by the authority aforesaid, That if If Produce of several freighters or proprietors of any such gold silver diamonds jewels Ship, &c. be precious stones or other goods or merchandize shall suffer any loss or insufficient to damage by any of the means aforesaid in the same voyage (fire only ex- answer Losses, cepted) and the value of the ship or vessel with all her appurtenances it is to be proand the amount of the freight due or to grow due during such voyage portionally shall not be sufficient to make full compensation to all and every of them, divided among the Losers. then such freighters or proprietors shall receive their satisfaction thereout in average in proportion to their respective losses or damages and in every such case it shall and may be lawful to and for such freighters or Freighters and proprietors or any of them on behalf of himself and all other such Owners of freighters or proprietors, or to and for the owners of such ship or vessel Vessels may or any of them, or on behalf of himself and all the other part owners of exhibit Bills in such ship or vessel to exhibit a bill in any court of equity for a discovery Equity for Disof the total amount of such losses or damages, and also of the value of covery of such ship or vessel appurtenances and freight, and for an equal distri- Amount of bution and payment thereof amongst such freighters or proprietors in Losses and Vaproportion to their respective losses or damages according to the rules of lue of Vessels, equity: Provided always, That if any such bill shall be exhibited by or on the behalf of the part owners of such ship the plaintiff or plaintiff's shall annex an affidavit to such bill or bills that he or they do not collude with any of the defendants thereto; and shall thereby offer to pay the &c. No. XVII. a. value of such ship or vessel appurtenances and freight as such court shall direct; and such court shall thereupon take such method for ascertaining 26 Geo. III. such value as to them shall seem just, and shall direct the payment thereof in like manner as is now used and practised in cases of bills of interpleader. c. 86. Act not to lessen the &c. V. Provided always and it is hereby declared and enacted, That nothing in this present Act contained shall extend or be construed to Remedy against extend to impeach lessen or discharge any remedy which any person or Masters and persons now hath or shall or may hereafter have against all every or any Mariners for the master and mariners of such ship or vessel, for or in respect of any Embezzlement, embezzlement secreting or making away with any gold silver diamonds jewels precious stones or merchandize shipped or loaded on board such ship or vessel, or on account of any fraud abuse or malversation of and in such master and mariners respectively; but that it shall and may be lawful to and for every person or persons so injured or damaged, to pursue and take such remedy for the same against the said master and mariners respectively as he or they might have done before the making of this Act. Publick Act. 27 Geo. III. c. 19. Recital of Part of the Oath required to be taken by the c. 60. VI. And be it further enacted, That this Act shall be a publick Act; and be judicially taken notice of as such by all judges justices and other persons whomsoever without the same being specially pleaded. [ No. XVIII. ] 27 George III. c. 19.-An Act to enforce and render more effectual several Acts passed in the Twelth Year of the Reign of King Charles the Second, and other Acts made for the Increase and Encouragement of Shipping and Navigation. IV. AND whereas by the before-mentioned Act passed in the twenty6 sixth year of his Majesty's reign it is enacted, That no registry of any ship or vessel shall thenceforth be made until the owner or owners of such ship or vessel shall have taken an oath therein set forth in manner therein directed, containing among others the words following; "That I the said A. B. (and the said other owners if any) am (or are) truly Act 26 Geo. 3. " and bona fide a subject (or subjects) of Great Britain; and that I the "said A. B. have not (nor have any of the other owners to the best of my knowledge or belief) taken an oath of allegiance to any foreign state "whatever, except under the terms of some capitulations [describing the "particulars thereof"] Be it enacted by the authority aforesaid, That any oath which shall have been or may be taken for the sole purpose of acquiring the rights of a citizen or burgher in any foreign city or town in Furope, to be enjoyed during the time that the person or persons taking such oath shall reside in such city or town, and for a limited time after such residence shall have expired, shall not be deemed an oath of allegiance to a foreign state within the true intent and meaning of the said Act. No Oath taken to acquire a temporary Right, as a Ci tizen, during Whenever the Master of a Vessel is changed, fresh Security to be given, &c. VII. And whereas no provision is made in the said Act passed in the said twenty-sixth year of his present Majesty's reign, requiring fresh security by bond to be given whenever the master of a ship or ' vessel registered in pursuance thereof shall be changed:' Be it therefore enacted by the authority aforesaid, That when and so often as the master or other person having or taking the charge or command of any ship or vessel registered in manner therein directed shall be changed, the person who shall become master or take the charge or command of such ship or vessel shall give security by bond to be taken in the manner and under the penalties and conditions required by the said Act and this present Act; and upon such fresh security being from time to time given and the same being made to appear by indorsement on the original bond by the officers in whose custody it shall be, such original bond so far as it relates to the former master shall from thenceforth be null and void (except with respect to any breach or breaches of the conditions of such No. XVIII. bond which may have been committed before such indorsement.) c. 19. XIII. And for obviating all doubts which may arise touching the 27 Geo. III. meaning and construction of the said Act made and passed in the twenty-sixth year of the reign of his present Majesty, intituled, An Act for the further Increase and Encouragement of Shipping and Navigation,' All Vessels Be it enacted and declared, That all ships and vessels which by the said which by Act are declared not to be entitled to any of the privileges or advantages of 26 Geo. 3.c.60. a British-built ship owned by British subjects, and all ships and vessels not are declared not registred according to the directions and regulations of the said Act shall, to be entitled to although such ships and vessels may be owned by his Majesty's subjects, the Privileges be held and deemed to all intents and purposes as alien ships, and shall of a Britishin all cases be liable to such and the same penalties and forfeitures as built Ship, &c. to be deemed alien ships in the like cases are or shall by law be liable to. alien Ships. [ No. XIX. ] 31 George III. c. 39.—An Act for the better Regulation and Government of Seamen employed in the Coasting Trade of this Kingdom.* 31 Geo. III. c. 39. WHEREAS by an Act made and passed in the second year of the reign of his late Majesty King George the Second, intituled An Act for the better Regulation and Government of Seamen in the Merchants Preamble. Service, certain provisions are established for the government of Seamen 2 Geo. 2. c. 36. in ships trading to parts beyond the seas which have been found by ex- recited. 'perience to be highly beneficial to the trade and navigation of this kingdom: And whereas the coast trade of this kingdom still remains under great difficulties and inconveniences for want of the like regulations to he applied to and established in the same for the better government thereof: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of July one thousand seven From July 1, hundred and ninety-one it shall not be lawful for any master or com- 1791, no Masmander or other person having or taking the charge or command of any ters of Vessels ship or vessel trading from and to any port or place or ports or places in trading CoastGreat Britain, to carry out to sea any seaman or mariner (except his ap- wise, to proprentice or apprentices) from any port or place in Great Britain to proceed ceed on a Voyon any voyage to any other port or place in Great Britain, without having age without enbefore entered into any agreement or agreements in writing with such tering into an Agreement seaman or mariner, to be signed as well by such master or commander with the Seaor other person as aforesaid as by such seaman or mariner for the wages men for Wages, which such seaman or mariner is to have respectively during the voyage on Penalty of or voyages, or during the time he shall have contracted or entered him- 51. for each. self for; which contract or agreement shall declare what wages each seaman or mariner is to have and when the same shall be payable and for what time, or for what voyage or voyages such seaman or mariner shall have contracted or entered himself, every such agreement or agreements to be in force at the time of proceeding to sea on any such voyage; and in case any master or commander or other person having or taking the charge or command of any ship or vessel trading coastwise as aforesaid shall carry out to open sea any seaman or mariner (except his apprentice or apprentices) upon any such voyage by open sea without having first entered into such agreement or agreements signed as aforesaid, and such agreement or agreements then being in full force, such master or commander or other person having or taking the charge or command of such ship or vessel shall forfeit and pay the sum of five pounds for every such seaman or mariner which he shall so carry out to open sea to the use of Greenwich Hospital, to be recovered upon information on the oath * See 45 Geo. III. c. 81. post. No. XIX. of one or more witness or witnesses before any one or more of his Ma. c. 39. jesty's justice or justices of the peace of any county riding shire or place 31 Geo. III. in Great Britain, where such ship or vessel shall depart from or come to in or during such voyage, who are hereby authorised and required re spectively to issue out his or their warrant or warrants to bring before him or them such master or commander or other person having or taking the charge or command of any such ship or vessel; and in case such master or commander or other person as aforesaid shall neglect or refuse to pay such penalty or forfeiture as aforesaid, to grant his or their warrant or warrants to levy the same by distress and sale of the offender's goods, and in case no distress can be found, to commit the offender to the common gaol of the city county town or place there to remain until he shall pay the same. Agreements to be binding. Penalty on Seamen neglecting or refusing to proceed on Voyages for which they shall have engaged. Penalty on Seamen absenting themselves, or deserting before the Expiration of the Time for which they shall have engaged. II. And be it further enacted, That every seaman or mariner entering himself on board any ship or vessel trading coastwise as aforesaid for any intended voyage or voyages or for any time to be stipulated in and by such agreement or agreements shall and he is hereby required and obliged to subscribe his signature or mark to such agreement or agree. ments respectively at the time of his so entering himself; which agreement or agreements after the same shall be so subscribed by such seaman or mariner, and signed by the master or commander or other person having or taking the charge or command of such ship or vessel, 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; any law custom or usage to the contrary in anywise notwithstanding. III. And be it further enacted by the authority aforesaid, That in case any seaman or mariner after he shall have entered into such agreement or agreements as aforesaid shall neglect or refuse to proceed on the intended voyage or voyages for which he shall have entered or upon which such ship or vessel shall be destined to proceed, every such seaman or mariner shall forfeit and pay to the owner or owners of such ship or vessel all such wages as shall be due to him at the time of his so neglecting or refusing to proceed on such voyage or voyages; and it shall and may be lawful upon complaint made of the same to any of his Majes ty's justices of the peace within their respective jurisdictions, by the master or commander owner or owners or any other person or persons having charge or command of the ship or vessel to which such seaman or mariner did belong, for such justice and he is hereby required to issue his warrant to apprehend such seaman or mariner; and in case such seaman or mariner shall refuse to proceed on the voyage or voyages agreed on, or on the voyage or voyages on which the ship or vessel shall be destined to proceed within the time contracted for, and shall not give a sufficient reason for such refusal to the satisfaction of such justice, then to commit such seaman or mariner to the house of correction, there to be kept to hard labour for any time not exceeding thirty days nor less than fourteen days. IV. And be it enacted by the authority aforesaid, That in case any seaman or mariner, after having entered into such agreement or agreements as aforesaid, shall wilfully absent himself from the ship or vessel to which he shall belong 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 ship or vessel delivered, or before the time for which he shall have contracted or entered shall be expired, every such seaman and mariner shall for every day he shall be so absent from his said ship or vessel forfeit two days' pay to the use of Greenwich Hospital, to be recovered applied and disposed of as is hereinafter directed; and in case any seaman or mariner not entering into the service of his Majesty his heirs or successors shall totally leave or quit his said ship or vessel 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 ship or vessel delivered, or before the expiration of the time for which he shall have contracted or entered, or before such seaman or mariner shall have a discharge in, writing from the master or commander or other person having the charge or command of such ship or vessel, such seaman or No. XIX. mariner so leaving or quitting such ship or vessel shall forfeit one month's wages, to be recovered applied and disposed of as hereinafter is directed. 31. Geo. III., V. And be it further enacted by the authority aforesaid, That the c. 39. master or commander or other person having or taking the charge or command of any ship or vessel employed in trading coastwise as afore- Masters to said and contracting with any seaman or mariner to perform any such settle with the voyage shall and he is hereby obliged and required to pay to every such Men for their seaman or mariner belonging to such ship or vessel their wages if de- Wages, in the manded within five days after such ship or vessel shall have entered at Manner herein the custom-house or the cargo shall be delivered or at the time the said directed, on seamen or mariners shall be discharged, which shall first happen, unless Penalty of 20s. an agreement shall have been made or entered into to the contrary, in which case the wages of such seamen or mariners shall be paid in terms of such agreement after deducting in every such case out of such wages. the penalties and forfeitures by this Act imposed in case any shall have been incurred, upon pain of forfeiting to each seaman or mariner to whom payment of his wages shall not have been made according to this Act of the sum of twenty shillings, to be paid to each such seaman or mariner over and above the wages that shall be due to him, to be recovered by the same means and methods as the wages of seamen or mariners may by law be recovered; and such payment of wages as aforesaid shall be good and valid in law, notwithstanding any action bill of sale attachment or incumbrance whatsoever. VI. And be it further enacted, That no seaman or mariner by entering Seamen not deinto or signing such contract or agreement as aforesaid shall be deprived prived of the of or hindered from using any means or methods for the recovery of usual Means wages against any ship or the masters or owners thereof which he may for Recovery of now lawfully make use of; and that in all cases where it shall or may be Wages, and, in necessary that the agreement or agreements in writing aforesaid should case of Disbe produced in court or elsewhere, no obligation shall lie on any seaman pute, the Masor mariner to produce the same, but such obligation shall lie on the ter to produce master or commander or other person having the charge or command, or the Agreement, the owner or owners of the ship or vessel for which the wages shall be demanded; and no seaman or mariner shall fail in any suit action or process for recovery of wages for want of such agreement or agreements being produced, but shall and may proceed therein as if no such agreement in writing had been made; any law usage or custom to the contrary notwithstanding. VII. And be it further enacted, That the masters or commanders or Penalties to be owners of any such ships or vessels or other persons having the charge deducted out of or command thereof shall and they hereby have full power and are re- the Men's quired to deduct out of the wages of any seaman or mariner incurring Wages, and the penalties and forfeitures imposed by this Act whenever the same shall applied (except be incurred, and to enter them in a book or books to be kept for that those of the purpose, and to make oath if required to the truth thereof; which book Owners) to the or books shall be signed by the said master or commander or other person Use of Greenhaving the charge or command of each such ship or vessel respectively, wich Hospital. setting forth that the penalties and forfeitures contained in such book or books are the whole penalties and forfeitures stopped from any seamen or mariners by such master or commander or other person as aforesaid; and which penalties and forfeitures (except the forfeitures of wages to the owners on any seamen or mariners refusing to proceed on their voyage or voyages) shall go to and be applied to the use of Greenwich Hospital and shall be paid and accounted for by the masters commanders and other persons having the charge or command of such ships or vessels to the officer of any port or place who shall collect the six pence per month deducted out of seamen's wages for the use of the said hospital, which officer shall have and hereby hath full power to administer an oath to every commander master or other person as aforesaid respectively touching the truth of such penalties and forfeitures. VIII. And be it further enacted, That in case any masters or com- Penalty on Masters not paying the Penalties in Three Months after being so deducted. |