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CHAPTER I.

OF THE MATTERS REQUIRING ATTENTION BEFORE

THE COMMENCEMENT OF A VOYAGE.

THE fit and proper complement of seamen on board a British merchant ship, is left to the practice of the merchant service, and the judgment of the ship owner or master, according to the exigencies of the voyage in which a ship may be engaged. But if any other than British seamen shall be employed, the Navigation Act determines the proportion of such seamen in the following terms:-" Every British registered ship shall be navigated during the whole of every voyage, (whether with a cargo or in ballast,) in every part of the world, by a master who is a British subject, and by a crew, whereof three-fourths at least are British seamen; and if such ship be employed in a coasting voyage from one part of the United Kingdom to another, or in a voyage between the United Kingdom and the islands of Guernsey, Jersey, Alderney, Sark, or Man, or from one of the said islands to another of them, or from one part of either of them to another of the same, or be employed in fishing on the coasts of the United Kingdom, or of any of the said islands, then the whole of the crew shall be British seamen." (3 and 4 Wm. IV. c. 54, s. 12.)

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Section 16 provides that every British ship (except ships required to be wholly navigated by British seamen) which shall be navigated by one British seaman for every twenty tons of the burthen of such ship, shall be deemed to be duly navigated, although the number of other seamen shall exceed one-fourth of the whole

crew.

With respect to British ships trading "from and to places within the limits of the Charter of the East India Company," which are in part manned by Lascars, and other natives of the East, who " are not deemed to be equal in strength and use to European or other seamen," it is enacted that every such ship which shall be navigated by four British seamen as part of the crew for every hundred tons of her registered burthen, and so in proportion for any part of a hundred tons, shall be deemed to be navigated according to law, although the number of such British seamen shall not be equal to the proportion of three-fourths of the whole crew. (4 Geo. IV. c. 80, s. 21.) But vessels trading only between ports and places within the limits of the Charter of the said Company, including the Cape of Good Hope, are not required to have any number of British seamen on board as part of the crew. (s. 23.)

Section 22 recites that it may not always be possible to procure the due proportion of British seamen at ports in India, for vessels sailing from India; and enacts that it shall be lawful for any of the governments of the East India Company in India, or for any Governor or Lieutenant-Governor of any colony, territory, or island belonging to Her Majesty, within the limits

of the said Company's Charter, and they are required, on application made by the owner or commander of any ship or vessel, and after having ascertained by due inquiry that a sufficient number of British seamen cannot be procured for the crew of any ship or vessel sailing from India, within ten days from such application, to certify the same, and license such ship or vessel to sail and carry on her voyage with a less proportion of British seamen than required by law; and every such ship, having on board such licence, and the proportion of British seamen therein specified, shall be deemed to be navigated according to law, notwithstanding such deficiency of British seamen.

In the "Act for the prevention of Smuggling," certain vessels found within one hundred leagues of the coast of the United Kingdom are made liable to forfeiture, unless especially licensed by the Commissioners of Customs, if navigated by a greater number of men (officers and boys included) than in the following proportions; (that is to say,) As to vessels not being luggers, and at the time fitted and rigged as such:

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4 men.

5 men.

If of 30 tons or under, and above 5 tons,
If of 60 tons or under, and above 30 tons,
If of 80 tons or under, and above 60 tons,
If of 100 tons or under, and above 80 tons, 7 men.

6 men.

And above that tonnage, one man for every 15 tons of such additional tonnage.

And luggers are not to have a greater number of men (officers and boys included) than in the following proportions:

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