[No. LI. ] 57 George III. c. 5.-An Act to ascertain the Tonnage of Vessels propelled by Steam.-[23d March 1819.] No. LI. 57 Geo. III. c. 5. [No. LII.] 59 George III. c. 6.-An Act to enable his Majesty to direct the Distribution of any Reward awarded by the Commissioners of the Customs or Excise, to the Officers of the Army, Navy, or Marines, for apprehending Smugglers, in such Manner as his Majesty shall be pleased to appoint.-[23d March 1819.] [ No. LIII.] 59 George III. c. 7.-An Act to regulate the Cutlery Trade in England.—[23d March 1819.] [No. LIV. ] 59 George III. c. 14.-An Act to continue until First of July One Thousand Eight Hundred and Twenty-three an Act of the Forty-sixth of his present Majesty, for permitting the Exportation of Wool from the British Plantations in America.-[31st March 1819.] [No. LV. ] 59 George III. c. 18.-An Act to make perpetual an Act of the Forty-fourth Year of his present Majesty, for permitting the Exportation of Salt from the Port of Nassau in the Island of New Providence, the Port of Exuma, and the Port of Crooked Island in the Bahama Islands, in American Ships coming in Ballast.[31st March 1819.] [ No. LVI. ] 59 George III. c. 25.-An Act to enable his Majesty to fix the Rate and direct the Disposal of Freight Money, for the Conveyance of Specie and Jewels on board his Majesty's Ships and Vessels.— [8th April 1819.] [ No. LVII.] 59 George III. c. 38.-An Act to enable his Majesty to make Regulations with respect to the Taking and Curing Fish on certain parts of the Coasts of Newfoundland, Labrador, and his Majesty's other Possessions in North America, according to a Convention made between his Majesty and the United States of America.-[14th June 1819.] [ No. LVIII. ] 59 George III. c. 55.-An Act to extend the Provisions of Three Acts of the Fifty-second, Fiftythird, and Fifty-seventh Years of his present Majesty, for allowing British Plantation Sugar and Coffee, and other Articles, imported into Bermuda in British Ships, No. LVIII. to be exported to America in Foreign Vessels, and to 59 Geo. III. permit Articles, the Produce of America, to be imported into Bermuda in Foreign Ships, to certain other Articles. [2d July 1819.] [ No. LIX. ] 59 George III. c. 58.-An Act for facilitating the Recovery of the.Wages of Seamen in the Merchant Service.-[2d July 1819.] c. 55. 59 Geo. III. c. 58. ceeding 201 WHEREAS the seamen and mariners employed in the merchant service and in the coasting trade of this kingdom are exposed to great difficulties expence and inconvenience in suing for or obtaining payment of their wages, in cases of dispute with the masters or owners of vessels in which they may have served; and it is expedient that greater facility should be given for recovery of such wages: 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 Justices emAugust in the year of our Lord one thousand eight hundred and nineteen powered, on it shall be lawful for any seaman mariner or other person (except masters Complaint of or apprentices) who shall have served on board any ship or vessel trad- Seamen, to hear ing from any port or place or ports or places in that part of the United and settle DisKingdom called England to ports beyond the seas or to any other port or putes about Wages not explace in Great Britain, by virtue or in pursuance of any contract or en gagement in writing or not in writing, and whether the same be by parole or by deed under seal or otherwise, in case the master or commander or other person having or taking the charge of any such ship or vessel, after the expiration of two days from the time of entry of such ship or vessel at the custom house, or from the delivery of her cargo or from the time when such seaman or mariner or other person (except as aforesaid) shall be discharged, which shall first happen (unless an agree ment shall have been made and entered into to the contrary, and in that case after the expiration of the time so stipulated or agreed for the payment of such wages as aforesaid) neglect or refuse to pay to any such seaman mariner or other person (except as aforesaid) his or their wages or any part thereof, to complain to any justice or justices of the peace residing in or near to the place where such ship or vessel shall have ended her voyage or been cleared at the custom house or delivered her cargo, or to any justice or justices of the peace residing in or near to the place where such master or commander or other person having or taking the charge of any such ship or vessel, or (in case of there being no master or commander or other person in charge of any such ship or vessel) where any owner or owners thereof shall then happen to be, and thereupon it shall be lawful for any such justice or justices of the peace respectively, and they are hereby required upon such complaint made to them upon oath or affirmation to issue a summons to such master or commander or other person having or taking the charge of any such ship or vessel or (in case of there being no master or commander or other person in charge of any such ship or vessel) to such owner or owners thereof, to appear before them at such time and place to be in such summons specified; and upon the party or parties appearing in pursuance of such summons, or not appearing after having been so summoned, the said justice or justices shall and they are hereby empowered to examine upon oath such seaman mariner or other person (except as aforesaid) or any other witness or witnesses touching any such complaint or any difference or dispute respecting such wages, and to make such order for payment of so much wages to such seaman mariner or other person as aforesaid, as to such justice or justices shall seem reasonable and just; provided that the No. LIX. 59 Geo. III. c. 58. On Refusal to comply with Justices' Determination, how Wages to be re covered. sum in question do not exceed twenty pounds so claimed to be due to any one scainan mariner or other person as aforesaid; and in case of refusal to pay or non-payment of any sum or sums of money so ordered by the space of two days next after such order and determination, such justice or justices shall and may issue forth their warrant to levy the same by distress and sale of the goods and chattels of such master or commander or other person having or taking the charge or command of any such ship or vessel, or (in case of there being no master or commander or other person in charge of any such ship or vessel) of any such owner or owners as aforesaid, rendering the overplus (if any there be) after deducting all the costs charges and expences of any summonses informations complaints hearings warrants and of such distress and the keeping appraisement or sale thereof or otherwise relating thereto, unto the person or persons whose goods and chattels shall be so distrained and sold; and in case sufficient distress shall not be found for payment and satisfaction of the amount of wages so ordered to be paid by such justice or justices, and the same with such costs charges and expences as aforesaid shall not be paid within the said period of two days, it shall and may be lawful for such justice or justices of the peace and they are hereby authorised and required by warrant or warrants under their hands and seals to levy the amount of the wages so ordered to be paid, together with such costs charges and expences as aforesaid, on the ship or vessel for the service on board which such wages shall be so ordered to be paid, or any of the tackle furniture or apparel thereof, rendering the overplus thereof (if any) after payment of such expences as aforesaid to the master Justices' Deter- or commander or owner thereof; and the decision of such justice as mination to be aforesaid shall be final and conclusive, as well on such seaman mariner final, unless ap- or other person as upon such master or commander or other person pealed against taking the charge or command of such ship or vessel and the owner or to the High owners thereof; save and except in such cases in which an appeal shall Court of Admi- be interposed by either party to the High Court of Admiralty, such apralty. peal to be interposed within the space of seven days after the order of the said justice or justices so to be made as aforesaid. If Seamen or others are dissatisfied, to give Notice of In tention to ap peal. II. And be it further enacted, That in case the seaman or mariner or other person so claiming to be entitled to such wages as aforesaid, or the party or parties who is or are ordered to pay the same or their agents respectively, shall be dissatisfied with such order and decision of the jus tice or justices touching such wages as aforesaid, it shall be lawful for either of them respectively within forty-eight hours after the making such order as aforesaid but not afterwards to give notice in writing to the justice or justices so making such order of his her or their desire of obtaining the judgment of the High Court of Admiralty respecting the said wages and the order so made thereon as aforesaid, by delivering the same to such justice or justices or leaving the same at their last or most usual place of abode; and thereupon the party so resisting or disputing the claim to such wages or the order to be made by such justice or justices thereon, shall be compelled to proceed within thirty days from the date of such order by taking out a monition against the adverse party, and shall on the service of such notice give good and sufficient bail in double the amount of the wages so ordered to be paid as aforesaid, and which bail shall be taken by a commissioner for taking examinations in prize causes if there shall be one in the port or place where such difference shall arise or order be made, but if there shall be no such commissioner there then the said justice or justices who shall pronounce such order or any other of his Majesty's justices of the peace are hereby authorised to take the same; and the commissioner justice or justices who shall take such bail shall certify the same according to the form contained in the schedule hereunto annexed, and transmit the same without delay to the High Court of Admiralty, and also a copy of the order so made by such justice or justices on unstamped paper certified under the hand or hands of such commissioner justice or justices taking the bail as aforesaid, and the same shall be admitted by such Court of Admiralty as evidence in the cause. 59 Geo. III. c. 58. III. And be it further enacted, That no seaman or mariner or other No. LIX. person by entering into or signing any contract or agreement as required by the several statutes now in force for that purpose, or into any covenant stipulation or agreement to be comprised in any such contract or agreement, which shall have the effect or be designed or intended to have the effect of depriving such seaman mariner or other person of the Seamen not to remedies by this Act given for recovery of wages so due to him or them be deprived of as aforesaid, shall be deprived of or hindered from using any method or Agreements enmeans for recovery of wages against any ship or the masters or owners tered into bethereof, which immediately before the passing of this Act he might, and fore the passing which after the said first day of August he may make use of; and that of this Act. in all cases where it shall or may be necessary in resorting to the remedies by this Act given for recovery of such wages as aforesaid, that the agreement or agreements in writing aforesaid should be produced before such justice or justices as aforesaid, no obligation shall be on any seaman mariner or other person as aforesaid to produce the same, but such obligation shall lie on the master or commander or other person having the charge or command or 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 complaint or proceeding before any justice or justices 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. IV. And be it further enacted, That nothing in this Act contained Not to deprive shall extend or be construed to extend to deprive any seaman mariner or Seamen of any other person as aforesaid of any remedy means or process which may Remedy which now be resorted to or used against any ship or vessel or the master or may now be recommander or person having the charge of such ship or vessel or the sorted to. owner or owners thereof for the recovery of wages due for serving on board of any such ship or vessel. V. And be it further enacted, That nothing in this Act contained shall Act not to exextend or be construed to extend to that part of the United Kingdom of tend to Scot Great Britain and Ireland called Scotland. land. VI. And be it further enacted, That this Act shall be deemed and Publick Act. taken to be a publick Act, and shall be judicially taken notice of as such by all judges justices and others whomsoever, without being specially pleaded. VII. And be it further enacted, That this Act shall continue in force for seven years from the passing hereof. The SCHEDULE referred to by this Act. the to wit.} Ord one thousand dat hundred and at in the county of in the year of our appeared personally, and produced themselves as sureties for each of lawful money of Great Britain, unto E: F. a seaman having served on board the said ship, to answer the amount of such wages as shall be hereafter decreed by the said court to be due to the said E. F., according to the tenor of the Act in that case made and provided; and unless they shall so do, they hereby consent that execution shall issue forth against them, their heirs, executors, and administrators, goods and chattels, whereon the same shall be found, to the value of the sum above mentioned. This bail was duly taken, acknowledged, and received at the time herein-before above written, before me the undersigned commissioner, [or, as the undersigned justice or justices of the peace] and I [or, we] do believe and consider the persons above mentioned sufficient security for the sum above mentioned. Continuance of the Act. No. LX. 59 Geo. III. c. 59. -59 Geo. III. Sec. 59. Provisions for granting Certificates by the Inspector Ge [No. LX. ] 59 George III. c. 59.-An Act to extend the Provisions of an Act made in the Fifty-fifth Year of his present Majesty, for the Payment of Wages due to deceased Seamen and Marines, to Wages due to Intestate Bastards.-[2d July 1819.] WHEREAS by an Act passed in the fifty-fifth year of the reign of his present Majesty, intituled An Act to repeal several Acts relating to the 55 G. 3. c. 60. Execution of Letters of Attorney and Wills of Petty Officers, Seamen, and Marines, in his Majesty's Navy, and to make new Provisions respecting the same, it was enacted, that where any sum not exceeding the sun of twenty pounds should be due for the services as in the said Act mentioned of any petty officer or seaman non-commissioned officer of marines or marine deceased, it should and might be lawful for the inspector of seamen's wills to issue or cause to be issued a certificate in the form or to the effect and for the purpose in the said Act mentioned: And whereas it is expedient that the said provisions should be extended to the petty officers and seamen non-commissioned officers of marines and marines who being born bastards shall have died or shall die intestate: Be it therefore 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 where any sum not exceeding the sum of twenty pounds shall be due for the services in the said recited Act mentioned of any petty officer or seaman non-commissioned officers of marines or marine who being born a bastard shall have died or shall die intestate, in order that the person or persons who shall be entitled to the effects or any part thereof by grant or grants from the Crown may not be put to great expense it shall and may be lawful for the inspector of seamen's wills upon inspection and examination of such grant or grants to issue or cause to be issued a certificate in the form or to the effect provided by the said Act in the case of any sum not exceeding the sum of twenty pounds being due for the services of any petty officer or seaman non-commissioned officers of marines or marine deceased, and that all and every other the provisions enactments clauses pains penalties and forfeitures provided by the said Act in those cases shall from and after the passing of this Act be applied and extended to all cases of certificates issued or caused to be issued by the inspector of seamen's wills upon grants from the Crown of any sum or sums not exceeding the sum of twenty pounds due for or in respect of the services of any petty officer or seaman non-commissioned officer of marines or marine who being born a bastard shall have died or shall die intestate. neral under recited Act, for Sums not exceeding 204. for Services of Petty Officers or Seamen, &c. shall be extended to Cases where such Persons being Bastards shall die intestate. [ No. LXI. ] 59 George III. c. 73.-An Act to repeal several Acts, requiring the Masters of Vessels carrying certificated Goods to Ireland to take Duplicates of the Contents; prohibiting the Importation of certain wrought Goods, and the Exportation of Gunpowder, when the Price shall exceed a certain Sum.-[6th July 1819.] [ No. LXII. ] 59 George III. c. 74.-An Act to allow the Importation of Tobacco from the East Indies and other Places; and for confining the Exportation of Tobacco from Great Britain, and the Importation thereof into Ireland, to Vessels of Seventy Tons Burthen and upwards.—[6th July 1819.] |