An Act to amend and consolidate the Laws relating to Merchant WH [5th September 1844.] HEREAS the Prosperity, Strength, and Safety of this 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 and after the First Day of January One thousand eight hundred and forty-five, from which Day this Act shall commence and take effect, an Act passed in the Sixth Year of the Reign of His late Majesty King William 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and for forming and maintaining a Register of all the Men engaged in that Service, shall be and the same is hereby repealed, except so far as such Act repeals the Acts thereby repealed, and No Seaman to without a writ Register Ticket man. 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Act, shall and may be punishable and recoverable respectively under the above mentioned Act as if the same had not been repealed; provided also, that all Acts and Things made, done, or executed under or by virtue of and in accordance with the Provisions of the said Act passed in the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. II. And be it enacted, That it shall not be lawful for any Master of any Ship, be taken to Sea of whatever Tonnage or Description, belonging to any Subject of Her Majesty, proten Agreement, ceeding to Parts beyond the Seas, or of any British registered Ship of the Burden or without a of Eighty Tons or upwards employed in any of the Fisheries of the United Kingbeing obtained dom, or in proceeding Coastwise, or otherwise, from one Part of the United Kingfrom such Sea- dom 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 Agreement in Writing with such Seaman, specifying what 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 over and explained to every such Seaman in the Presence 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 hereinafter mentioned), which Ticket the said Master is hereby required to retain (except in the Cases hereinafter 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 and explained to Seaman. Regulations Form of III. And be it enacted, That in the Case of any Ships, of whatever Tonnage or Description, belonging to any Subject or Subjects of Her Majesty, and proceeding to Parts beyond the Seas, (except as hereinafter provided,) the Agreement and how to be shall be in the Form set forth in Schedule (A.) to this Act annexed, and shall condisposed of. tain the several Particulars therein mentioned 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 afore said, 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 of Seamen; 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, Guernsey, Alderney, Sark, and Man, or to any Place on the Continent of Europe between the River Elbe inclusive and Brest, the Agreement shall be in the Form set forth in Schedule (B.) to this Act annexed, and shall contain the several Particulars therein mentioned or required; and every such Agreement shall not extend beyond the Thirtieth of June and the Thirty-first of December in each Year, or on Arrival in any Port of the United Kingdom after the same respective Dates; and the Owner or Master of every such Ship as last aforesaid shall, within Twenty-one Days next after the Thirtieth Day of June and the Thirty-first Day of December in each Year, transmit or deliver, or cause to be transmitted or delivered, to the Collector or Comptroller of the Customs of any Port of the United Kingdom, every Agreement made within the Six Months next preceding such Thirtieth Day of June and Thirty-first Day of December respectively, or a true Copy thereof, and of every Endorsement thereon, certified as aforesaid; and such Collectors and Comptrollers respectively shall and are hereby required to give a Receipt (specifying the Nature of the Document) for every Agreement or other Document, or such Copy thereof, to the Master, Owner, or Person so delivering the same; and no Master or Owner, after the Expiration of the said Twenty-one Days, shall be entitled to or receive a Transire, or any other Customs Document necessary for the Conduct of the Business of the Ship, until he shall produce and show such Receipt, or shall prove to the Satisfaction of the Officer that every such Agreement, or such Copy there of Vessel not to sire, &c., until Receipt for such produced. receive Tran Agreements be Masters of Vessels under Eighty Tons in coasting or fishing Tradeto of as aforesaid, has been duly delivered as aforesaid; and the Owner or Master of every Ship under the Burden of Eighty Tons, employed as last aforesaid, who is not required by this Act to enter into any written Agreement with his Crew, receive Tickets shall, before employing any Seaman or other Person in the Service of his Ship, receive from every such Seaman or other Person his Register Ticket, and shall retain the same until the Service of such Seaman or other Person shall have expired, and at the Expiration of such Service the Master shall return the Register Ticket to the Person entitled thereto. from Seamen. Penalty for Seamen not to be deprived of legal Remedies. No Agreement contrary to the Act or to fore go Salvage, to be valid; and certified Copy of Agreement IV. And be it enacted, That if any Master or Owner shall carry out to Sea any Seaman (Apprentices excepted) without having first entered into the required Agreement with such Seaman, or if any Master shall not obtain from any Seaman or other Person, being a Subject of Her Majesty, his Register Ticket, according to the Provisions of this Act, he shall in either and every of such Cases forfeit and pay the Sum of Ten Pounds for and in respect of every such Seainan; and if any Master or Owner shall neglect to cause such Agreement to be read over and explained to such Seaman before the signing or Execution thereof by such Seaman, the said Master or Owner shall for each Neglect forfeit and pay the Sum of Five Pounds for every such Seaman; and if any Master or Owner shall neglect or omit to deliver or cause to be delivered to such Collector or Comptroller any such Agreement, or such Copy thereof as aforesaid, or shall not deliver up any Register Ticket to the Person entitled to it at the Expiration of his Ser-> vice, or otherwise, as required by this Act, he shall for every such Neglect, Omission, or Offence forfeit and pay the Sum of Ten Pounds, or if any Master or Owner shall deliver or cause to be delivered a false Copy of the Agreement he shall for every such Offence forfeit and pay the Sum of Twenty Pounds. V. And be it enacted, That no Seaman, by reason of any Agreement, shall forfeit his Lien upon the Ship, nor be deprived of any Remedy for the Recovery of his Wages to which he would otherwise be entitled against any Person or Persons whatever; and no Agreement contrary to or inconsistent with this Act, nor any Clause, Contract, or Engagement whereby any Seaman shall consent or promise to forego or give up any Right or Claim to Wages in the Case of Freight earned by a Ship subsequently lost, or any Right or Claim to Salvage or Reward for Salvage Services, or such Proportion of Salvage or Reward for Salvage Services as to be Evidence. shall or may be due to him by Decree or Award, or otherwise, shall be valid or binding on such Seaman; and every Copy of an Agreement so certified and delivered as aforesaid shall in all Cases be received and taken as Evidence of the Contents of the Agreement for and on behalf of the Seaman; and no Seaman shall in any Case be required to produce such Agreement, or such Copy as aforesaid, or to give Notice for the Production thereof; but in case the Agreement shall not be Seamen not bound to produce Agree ment produced produced and proved he shall be at liberty to prove the Contents or Purport thereof, or to establish his Claim by other Evidence, according to the Nature of the Case. VI. And be it enacted, That in case a Seaman, whether before the Commencement or during the Progress of any Voyage, shall at any Time neglect or refuse to join the Ship on board of which he shall have engaged to serve, or shall refuse to proceed to Sea in such Ship, or shall absent himself therefrom without Leave, or shall desert, it shall be lawful for any Justice of the Peace in and for any of Her Majesty's Dominions, or the Territories under the Government of the East India Company, where or near to the Place where such Ship shall happen to be, or where such Seaman shall be found, and such Justice is hereby required, upon Complaint made upon Oath by the Master, Mate, or Owner, or his Agent, to issue his Warrant, and cause such Seaman to be apprehended, and brought before him; and in case such Seaman shall not give a Reason to the Satisfaction of such Justice for his Neglect, Refusal, or Absence, as the Case may be, or in case of Desertion, it shall be lawful for any such Justice, upon due Proof of such Neglect, Refusal, Absence, or Desertion, to commit such Seaman to Prison or to the House of Correction, there to be imprisoned, with or without hard Labour, at the Discretion of such Justice, for a Period not exceeding Thirty Days; or it shall be lawful for the said Justice, if he shall so think fit, at the Request of the Master, Mate, or Owner, or his Agent, instead of committing such Seaman, to cause him to be conveyed on board the said Ship, or to be delivered to the Master, Mate, or Owner, or his Agent, for the Purpose of being so conveyed and proceeding on the Voyage, and also to award to the Master or Owner such Costs incurred in the Apprehension of the Seaman as to such Justice shall seem reasonable, not exceeding in any Case the Sum of Forty Shillings, which shall be chargeable against and may be deducted from the Wages of such Seaman; and whenever any Seaman shall be committed to Prison or to any House of Correction, the Justice shall cause his Register Ticket to be delivered to the Governor or Keeper of such Prison or House of Correction, who shall retain the same during the Period of the Seaman's Imprisonment, and at the Expiration of such Period shall return the Register Ticket to the Seaman; and whenever a Seaman shall be sentenced to Death or Transportation the Officer having the Custody of such Seaman shall transmit his Register Ticket to the Registrar of Seamen. VII. And be it enacted, That if any Seaman during the Time or Period specified for his Service shall wilfully and without Leave absent himself from the Ship, or otherwise from his Duty, he shall (in all Cases not of Desertion, or not treated as such by the Master,) forfeit out of his Wages the Amount of Two Days Pay, and for every Twenty-four Hours of such Absence the Amount of Six Days Pay, or, at the |