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to a seaman for his services in any such vessel, a Justice residing at or near to the place where the vessel shall have ended her voyage, cleared at the Custom House, or discharged her cargo, or where the master or owner shall be, upon complaint on oath by any such seaman, or on his behalf, shall summon such master or owner before him to answer such complaint; and upon his appearance, or default thereof, on proof of his having been so summoned, the Justice shall examine upon oath the parties, and their respective witnesses, touching the amount of wages due, and shall make such order for the payment thereof as to him may appear just; and if such order be not obeyed within two days after the making thereof, he shall issue his warrant to levy the amount of the wages awarded, by distress and sale of the goods and chattels of the defendant, rendering to him the overplus (if any) after deducting all charges incurred by the seaman in the proceedings; and if sufficient distress cannot be found, the Justice shall cause the amount of the said wages and expenses to be levied on the vessel, or the tackle and apparel thereof; and if such vessel shall not be within the jurisdiction of such Justice, he shall cause the defendant to be taken and committed to the common gaol of the County, there to remain without bail until payment shall be made of the wages so awarded, and all charges incurred as aforesaid; and the decision of such Justice shall be subject to review, as provided in and by the Act of Assembly giving jurisdiction to Magistrates in civil cases.

11. If any suit for the recovery of seamen's wages should be instituted against the vessel, or the master or owner thereof, in the Court of Vice Admiralty, or in any Court of Record, and it shall appear to the Judge that the plaintiff might have had as effectual a remedy for the recovery of his wages by complaint to a Justice, he shall certify to that effect, which shall deprive the plaintiff of the costs of suit.

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6. No ship owner, &c. to take seamen pre- 12. Who may board any vessel before enter

viously engaged.

7. Penalty for offences.

8. Shipping master employing any other person to ship seamen, penalty.

9. Seamen absent without leave, penalty. 10. When advance pay or note may be given. 11. Receiving remuneration for providing seamen, penalty.

ing dock; who may arrest.

13. Soliciting seaman to become a lodger,
&c., penalty.

14. Taking more than is due from seaman,
or detaining his property, &c., penalty.
15. Penalties, how recovered and applied.
16. Coasting vessels exempt, what from.
17. Provisions extended to all sea ports, how.

1. The Governor in Council may appoint a fit person to be Shipping master for the Port of Saint John, who shall, before entering upon his duties, execute a Bond to the Queen, with two sufficient sureties, in the sum of five hundred pounds, for the faithful discharge of such duties, and take and subscribe the following oath before any Justice :—

'I A. B. do swear that I will faithfully perform the duties of Shipping master according to the true meaning of Chapter '87 of Title XIV., that I will not directly or indirectly receive 'from any person any fee, reward, or gratuity in respect of 'my office as shipping master, except such as are allowed by ' law, but I will act impartially and to the best of my know'ledge. So help me God.'

Which oath and bond shall be filed in the office of the Provincial Secretary.

2. The shipping master may appoint so many deputies for the said Port as shall be necessary, who shall take and subscribe the above oath before any Justice, to be filed as aforesaid; any deputy so appointed shall, with two sufficient sureties, enter into a Bond to the Queen in the sum of two hundred pounds, for the faithful discharge of his duties, which bond shall enure to the benefit of all parties who may be injured by the unlawful conduct of such deputy, such parties may recover on such bond, before any Court of competent jurisdiction, damages to the extent of the injury sustained by them.

3. No person selling any spirituous liquors shall be eligible to the situation of shipping master or deputy.

4. The shipping master shall be entitled to receive the sum of two shillings and six pence from the master of the vessel on board which any seaman shall be shipped by him, and he shall keep a registry of all seamen so shipped, which shall be open for public inspection.

5. No person other than the shipping master shall hire or engage a seaman to be entered on board any vessel.

6. No owner, part owner, master, or consignee of any vessel, shall knowingly receive on board the said vessel any seaman who has been engaged or hired to be entered on board any other vessel.

7. Every person acting contrary to the provisions of this Chapter, shall pay for every offence a sum not exceeding ten pounds.

8. If the shipping master shall employ any other person for the purpose of procuring seamen to be entered on board any vessel, he shall pay a sum not exceeding ten pounds, and shall also be deprived of his office.

9. For every day any seaman shall be absent without leave, he shall forfeit to the shipowner two days pay, and if absent when unmooring or getting the ship ready for sea, shall forfeit one pound.

10. The owner, part owner, or master of any vessel, shall not pay in advance, nor give any note in writing or otherwise, in the nature of or purporting to be an advance note for any part of the wages for the seamen provided to be entered on board the said vessel, until three days after sailing of the vessel with the men certified by the master of said vessel to be on board at the time of sailing, except such money as may be necessary for supplying the seaman and his family during his absence.

11. Whoever shall demand or receive from any person other than the owner, part owner, master, or person requiring a seaman, any remuneration for providing any such seaman, he shall forfeit for each offence a sum not exceeding five pounds.

12. Any person other than an officer of the Government, harbour master, health officer, or pilot, who shall board any merchant vessel before her arrival in dock, or at the place of her discharge in the Port of Saint John, without the consent of the master, shall for each offence forfeit a sum of money not exceeding fifty pounds; and for the better securing the offender, the master is hereby authorized to arrest and deliver him forthwith to any constable, to be taken before a Justice to be dealt with according to law.

13. If any person shall board any vessel within twenty four hours after her arrival at the Port aforesaid, and solicit any seaman to become a lodger at the house of any person letting

lodgings for hire, or shall take from such vessel any of the effects of any seaman except under his personal direction, without the consent of the master, he shall pay for each offence a sum not exceeding ten pounds.

14. Whoever shall receive from any seaman payment for his board and lodging more than may be due, or receive any of his money, documents, or effects, and shall not return the same on demand, after deducting the amount due for his board and lodging, shall forfeit a um not exceeding ten pounds, besides the amount or value of such money, documents, or effects, which shall be adjudged to be forthwith paid to such seaman by a Justice who may convict the offender.

15. All forfeitures hereby imposed may be recovered with costs, one moiety to be paid to the informer, and the other to the Commissioners for the benefit of the Saint John Marine Hospital.

16. This Chapter shall not extend to such vessels as are prosecuting the coasting trade.

17. The provisions of this Chapter may be extended to all other Sea Ports within this Province, upon the application to the Governor in Council by the Justices in General or Special Sessions of any County called for that purpose.

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1. Where any person by a Commission in nature of a Writ de lunatico inquirendo under the Great Seal, is found lunatic, or of unsound mind, and incapable of managing his affairs, the Governor may, by an order in the Court of Chancery, on the

petition of any committee of such person, or any of his creditors, direct the freehold and leasehold estate of such person to be sold, or incumbered by way of mortgage or otherwise, as shall be deemed most expedient for raising money to pay debts, or for performing the contracts of such person, with the costs and charges of the same, and of any sale, mortgage, or incumbrance, and further direct the Committee to execute, in the name of such person, conveyances of the said estates, and do whatever may be necessary to effect the same.

2. Where such person may be seized of freehold lands for bis natural life, or of some other estate, with power of leasing for life, or for years, such power may be executed by the said Committee under the direction of the Governor.

3. Where such person may be seized of freehold estates in fee, or in tail, or any absolute interest in leasehold estates, and it may be for his benefit that leases or under leases should be made of such estates for terms of years, and especially to encourage the erection of, or repairing buildings thereon, or otherwise improving the same, the Governor may order the Committee to make leases of any part or the whole of such estate, according to the interest of the lunatic therein, subject to such rents and covenants as may be directed.

4. No absolute sale of the freehold of any such person shall be made, without at least thirty days notice of the time and place of such sale, by advertisement in one or more of the Newspapers published where the land may be, or if there be none published there, then in the Royal Gazette; the surplus (if any) after answering the purpose of sale, shall be applied by the Committee, under the direction of the Governor, for the support of such lunatic and his family.

5. Any such person, or Committee in his name, by the order of the Governor, on the petition of any party beneficially interested in the lands seized or possessed by such person, or any interest therein, or any money secured thereon, and on hearing the parties concerned, may convey any such lands, or assign or discharge any such mortgage, as by such order may be directed.

6. Every such person, being a trustee or mortgagee, or his Committee, may be compelled under like order to make such conveyances and discharges, as trustees or mortgagees of sound mind may be compelled to make.

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