The Act (7 and 8 Vict. c. 112,) does not extend or apply to any ship registered in or belonging to any British colony having a legislative assembly, or to the crew of any such ship, while such ship shall be within the precincts of such colony; "but every ship belonging to any colony or possession of Her Majesty, when proceeding from one part of the United Kingdom to another, or from the United Kingdom to the islands of Jersey, Guernsey, Alderney, Sark, or Man, or from any port in the United Kingdom to any port or possession of any foreign power or country, or to any colony to which the ship shall not belong, shall be held to come within the provisions of the Act"; and the Act is extended to the same; and the owner, master, and crew, including apprentices of such ship so trading as aforesaid, are declared liable to the provisions of the act, as fully as the owner, master, and crew of any British registered ship; and the Act and the provisions thereof (except so far as the same relate to agreements, register tickets, and having apprentices), are to extend and apply to ships belonging to all of Her Majesty's colonies and possessions abroad, wherever otherwise proceeding or trading, and to the owners, masters, and crews of such ships, when any such ship shall be beyond the precincts of the colony or possession to which she shall belong; and all certificates and sanctions required by the Act "to be endorsed on agreements, shall, in the case of ships last referred to, be otherwise given in writing where no written agreement exists.” (s. 61.) APPENDIX, No. I. 7 AND 8 VICTORIA, C. 112. An Act to amend and consolidate the Laws relating to Merchant Seamen; and for keeping a Register of Seamen. [5th September, 1844.] C. 112. WHEREAS the prosperity, strength, and safety of this 7 and 8 Vict. United Kingdom and her Majesty's dominions do greatly depend on a large, constant, and ready supply of seamen; and it is therefore expedient to promote the increase of the number of seamen, and to afford them all due encouragement and protection, and for this purpose to amend and consolidate the laws relating to them; and it is also expedient to keep a register of seamen: Be it therefore enacted by the Queen'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 The Act 5 & 6 and after the first day of January one thousand eight pealed from hundred and forty-five, from which day this Act shall 1st Jan. 1845, commence and take effect, an Act passed in the sixth except, &c. year of the reign of His late Majesty King William W. 4. c. 19. re and after c.112. 7 and 8 Vict. the Fourth, intituled An Act to amend and consolidate the laws relating to the Merchant Seamen of the United Kingdom, and for forming and maintaining a register of all the men engaged in that service, shall be and the same is hereby repealed, except so far as such Act repeals the Acts thereby repealed, and except so far as relates to the establishment, maintenance, and regulations of the office called "The General Register Office of Merchant Seamen:" Provided always, that all offences which shall have been committed and all penalties and forfeitures which shall have been incurred previously to the commencement of this Act shall and may be punishable and recoverable respectively under the above-mentioned Act as if the same had not been repealed; provided also, that all acts and things made, done, or executed under or by virtue of and in accordance with the provisions of the said Act passed in the sixth year of the reign of His late Majesty King William the Fourth, prior to the commencement of this Act, shall be good, valid, and effectual to all intents and purposes. No seaman to be taken to sea written agree out a register obtained from such seaman. II. And be it enacted, that it shall not be lawful without a for any master of any ship, of whatever tonnage or ment, or with- description, belonging to any subject of Her Majesty, ticket being proceeding to parts beyond the seas, or of any British registered ship of the burden of eighty tons or upwards employed in any of the fisheries of the United Kingdom, or in proceeding coastwise, or otherwise, from one part of the United Kingdom to another, to carry to sea any seaman as one of his crew or complement (apprentices excepted), unless the master of such ship shall have first made and entered into an agree C. 112. ment in writing with such seaman, specifying what 7 and 8 Vict. wages such seaman is to be paid, the quantity of provisions he is to receive, the capacity in which he is to act or serve, and the nature of the voyage in which the ship is to be employed, so that such seaman may have some means of judging of the period for which he is likely to be engaged; and that such agreement shall be properly dated, and shall be signed by such master in the first instance, and by the seamen respectively at the port or place where they shall be shipped; and that the signature of each of the parties thereto shall be duly attested by one witness at the least, and that the master shall cause the agreement to be read Agreement to over and explained to every such seaman in the pre- and explained sence of such witness, before such seaman shall execute the same; and it shall not be lawful for the master of any ship to carry to sea any seaman, being a subject of Her Majesty, until he shall also have first obtained from every such seaman or other person his register ticket (to be procured as herein-after mentioned), which ticket the said master is hereby required to retain (except in the cases herein-after provided) until the service of such seaman shall have terminated, and at the termination of such service the said master shall return the register ticket to him. be read over to seamen. ments, and posed of. III. And be it enacted, that in the case of any Regulations respecting ships, of whatever tonnage or description, belonging form of agreeto any subject or subjects of Her Majesty, and pro- how to be disceeding to parts beyond the seas, (except as hereinafter provided,) the agreement shall be in the form set forth in schedule (A.) to this Act annexed, and shall contain the several particulars therein mentioned 7 and 8 Vict. c. 112. or required; and the master shall, within twenty-four hours after the ship's arrival at her final port of destination in this United Kingdom, deliver or cause to be delivered to the Collector or Comptroller of the Customs at and for such port every agreement so made as aforesaid, or a true copy thereof, and of every endorsement thereon, the agreement, or copy thereof, in either case, to be certified as such by such master or owner, and also by the mate or next officer (if any) of such ship or vessel, each of whom is hereby required to sign such certificate in the presence of one attesting witness at the least; and if the original agreement be delivered to such Collector or Comptroller he shall retain the same until all the wages to which the agreement relates shall be paid or satisfied, and then he shall transmit such original agreement to the Registrar No ship to be of Seaman; and no such ship shall be cleared inwards by the Tide Surveyor or other officer until the master shall produce and show a certificate from such Collector or Comptroller (which he is hereby required to give) to the effect that he has delivered his agreement, or an attested copy thereof, as aforesaid; and the Tide Waiters left on board shall be maintained at the expense of the master or owner until such certificate shall be produced and shown, or until it shall be proved to the satisfaction of the Tide Surveyor or other officer that such agreement or agreements, or such copy thereof, has or have been so delivered as aforesaid; and in the case of any ship employed in fishing on the coasts of the United Kingdom, or proceeding from one part of the United Kingdom to another, or proceeding to any of the islands of Jersey, cleared in wards until receipt for agreement is produced. |