require or permit the officers to make a registry de novo, and these are as follows: First, where the old certificate has been lost or mislaid; 2dly, where the certificate is wilfully detained by the master; 3dly, where, after a transfer of part of the property in the same port, the owners of the part not transferred desire a new register1; 4thly, where the ship is altered in form or burthen; and 5thly, upon any transfer of property to another port'. The statute of King William also required a new register in case of a change of the ship's namie, but this change is now altogether prohibited". 11. Of Seamen's Wages, and the several Statutes relating thereto, viz. Stat. 2 G. 2. c. 36. 31 G. 3. c. 39.—37 G. 3. c. 73.—8 G. 1. c. 24. THE legislature, in its wisdom, has thought fit to make several provisions relating to seamen employed in merchant ships, for the better securing the wages of the seamen, and to guard against desertion. Seamen employed in merchant ships are usually hired at a certain sum, either by the month or for the voyage. By stat. 2 G. 2. c. 36. (entitled an act for the better regulation of scamen in the merchant service, and made perpetual, and extended to all his Majesty's colonies in America, by stat. 2 G. 3. c. 31.) masters of ships, bound to parts beyond the seas, are prohibited from carrying any scamen or mariners (except their apprentices) to sea upon any voyage to parts beyond the seas, without first agreeing with them for their wages; and this agreement must, 1st, be in writing (6); 2dly, it must declare the wages (7) which each mariner is to f Abbott, ed. 2d. 60. g 26 G. 3. c. 60. s. 22. h28 G. 3. c. 34. s. 14. 34 G. 3. c. 68. 8. 19. i 34 G. 3. c. 68. s. 21. k 26 G. 3 c 60. s. 24. 17 & 9 W. 3. c. 22. s. 21. n 26 G 3. c. 60. s. 19. See also stat. to provide for another case. o Abbott, 382. ed. ed. (6) The statutes relating to seamen's wages do not declare that a verbal agreement shall be void, but impose a penalty on the master, if there be not a written agreement. Abbott, 391. (7) A sailor brought an action against a master of a ship, and declared on an agreement, whereby it was stipulated, that the sailor should have a certain sum per month during a voyage from have during the whole voyage, or for so long time as he ships himself for; 3dly, it must express the voyage for which the mariner is shipped; 4thly, it must be signed by the mariner within three days after he has entered himself on board the ship. This agreement is, after signing, conclusive to all parties during the time agreed for". Masters or commanders offending against these provisions, are made liable to a penalty of 51. for every mariner carried to sea, without having entered into the requisite agreement, the penalty to be paid to the use of Greenwich Hospital, and recoverable by information before J. P1. Masters are also required, under a penalty of twenty shillings, to pay their seamen, upon their arrival in Great Britain, their wages, if demanded, within thirty days after entry of the ship at the Custom House, (except where a covenant has been entered into to the contrary,) or at the time of their discharge, which shall first happen, deducting the penalties and forfeitures which may have been incurred; and such payment shall be valid, notwithstanding any action, bill of sale, attachment, or incumbrance. The penalty imposed on masters for disobedience to this regulation, is recoverable by the same method as the wages. Mariners, by entering into or signing the agreement, are not be deprived of using any lawful means for the recovery of wages against the ship, master, or owners'. In all cases where it may be necessary to produce the written agreement in court, no obligation shall lie on the mariner to produce the same, but on the master or owner; and no mariner shall fail in any action, &c. for the recovery of wages, for want of such agreement being produced ". It is not necessary for the seaman to give the captain notice to produce this agreement". g S. 2. h S. 2. i S. 1. k S. 7. 1 S. 8. m S. 8. n Bowman v. Mauzelman, 2 Camp. N. P. C. 315. London to Africa, and thence to the West Indies, and also so much money as should be the average price of a negro slave in the West Indies. In the ship's articles no mention was made of the money to be paid to the plaintiff as the average price of the negro slave. It was holden, that the additional perquisite of the average price of a negro slave could only be considered as wages, and therefore ought to have been inserted in the written agreement. White v. Wilson, 2 Bos. & Pul. 116. In like manner it has been holden, that the seamen cannot claim any money as gratuity money due by usage. Elsworth v. Woolmore, 5 Esp. N. P. C. 84. The penalties imposed on seamen for desertion, and absenting themselves without leave, are as follows: 1. Any mariner deserting or refusing to proceed on the voyage, or deserting from the ship in parts beyond the seas, after having signed the agreement, forfeits to the owners the wages due at the time of his deserting or obstinately refusing to proceed on the voyage (8). 2. Any mariner absenting himself from his ship, without leave from the master, &c. shall, for every such day's absence, forfeit two day's pay to the use of Greenwich Hospital". 3. Any mariner, not entering into his Majesty's service, who leaves the ship without a discharge in writing, from the master, commander, or other person, having charge of the vessel, forfeits one month's pay (9), to be recovered and applied according to the directions of the statute (10). (8) Entering or being entered into the service of his Majesty, on board any of his Majesty's ships, will not occasion a forfeiture of wages, nor is it to be deemed a desertion." S. 13. Being compelled to quit the ship through inhuman treatment of the master*, or being dismissed without lawful cause, will not be deemed desertion f. So where the seaman is impressed into the royal service, he will be entitled to receive a proportion of his wages up to the time of impressing. Wiggins y. Ingleton, 2 Ld. Raym. 1211. per Holt, C. J. but nothing further. Clements v. Mayborn, B. R. T. 24 G. 3. Abbott, 395. and the voyage must be completed. 2 Camp. N. P. C. 320. n. (9) The meaning of the first and second of these provisions is, that if the mariner run away before the voyage is commenced, or in parts beyond the seas, he shall forfeit his whole wages; if he absent himself during the voyage and return, he shall forfeit two days' pay. The third provision was intended to prevent seamen from quitting the ship after her arrival at the port of delivery, and before she is unladen, at which time the voyage must be considered as at an end, for the purposes of a general forfeiture. See the preamble to the 6th section, and Frontine v. Frost, 3 Bos. & Pul. 302. In order to avail himself of a forfeiture under this provision, it is incumbent on the master, who claims the forfeiture, to give some evidence to prove that the seaman quitted the ship without leave in writing. It is not necessary for the seaman to prove that he had such leave. 3 Bos. and Pul. 302. (10) The 9th section authorizes the master, commander, or Kenyon, C. J. * Limland v. Stephens, 3 Esp. N. P. C. 269. The foregoing provisions having been found, by experi ence, to be highly beneficial to the trade and navigation of this kingdom, similar regulations were established by stat. 31 G. 3. c. 39. for the government of seamen employed in the coasting trade of Great Britain, in vessels of the burthen of 100 tons or upwards, which shall go to open sea. N. No agreement made by virtue of this act shall be charged with a stamp duty'. The most material points of difference between this statute and the former, are, 1. that masters are required, under this act, to pay the seamen within five days, instead of thirty days, after entry of the ship at the Custom-House, or cargo delivered. 2. If a scaman, having signed the requisite agreement, neglects or refuses to proceed on the intended voyage, he forfeits to the owners all the wages due to him at the time; but the forfeiture for desertion afterwards, and before the voyage agreed upon, or upon which the ship has proceeded, is completed, and the cargo delivered, or before the seaman has a discharge in writing from the master, &c. is only of one month's wages to the use of Greenwich Hospital. 3. By the 9th section, the following method of ascertaining the penalties incurred is prescribed in cases where the contract for wages is by the voyage, and not by the month, or other stated period of time, viz. 1. "If the whole time spent in the voyage agreed or proceeded upon exceeds one lunar month, the forfeiture of one month's pay shall be deemed a forfeiture of a sum of money, bearing the same proportion to the whole wages as a lunar month bears to the whole time spent in the voyage. The same rule is to be adopted in ascertaining the amount of the forfeiture of two r S. 10. owners, to deduct out of any seaman's wages all the penalties and forfeitures incurred by the act, and to enter them in a book to be signed by the master or commander, and two principal officers of the ship, setting forth that the penalties and forfeitures contained in such book are the whole penalties and forfeitures stopped during the voyage, which penalties and forfeitures (except the forfeiture for desertion) shall go to Greenwich Hospital, and be paid and accounted for, by the master or commander, to the officer who collects the sixpence per month.-N. In an action by the seaman against the master for wages, the master will not be allowed to set off the before-mentioned deductions, unless he has previously debited himself to Greenwich Hospital for the amount in a book kept according to the directions of the statute. 3 Bos. and Pul. 302. day's pay. 2. If the whole time spent in the voyage does not exceed one lunar month, the forfeiture of one month's pay shall be deemed a forfeiture of the whole wages; and, 3. if such time does not exceed two days, the forfeiture of two days' pay shall be deemed a forfeiture of the whole wages." Further regulations have been established by the legislature, to prevent the desertion of seamen from British merchant ships trading to his Majesty's colonies in the West Indies. By stat. 37 G. 3. c. 73. s. 1. it is enacted, "that every seaman, mariner, and other person, who deserts at any time during the voyage out or home, from any British merchant ship trading to or from the said colonies, shall, in addition to former penalties, forfeit all the wages he may be entitled to during the voyage, from the master or owner of the ship on board of which he shall enter, immediately after such desertion." By the 2d section, a penalty of 1007. is imposed on masters or commanders who hire seamen, &c. who, to their knowledge, have deserted from other ships. By the 3d section, no master sailing from any place in Great Britain, shall hire any seamen, &c. at any place within his Majesty's colonies, &c. in the West Indies, at more wages than, according to the rate of double monthly wages contracted for with the seamen, &c. (in the same degree and station) hired at the last departure of the vessel from Great Britain, unless the governor, &c. of such place in the West Indies shall think that greater wages ought to be given, and shall authorize the same to be given by writing under his hand (11), and all contracts, bonds, bills, and other securities, made contrary to the meaning of this act, are declared to be void, and the master entering into them, or hiring seamen, or paying wages, otherwise than as the act directs, is made subject to a penalty of 1001. for every offence. By the 5th section, masters are required, under a penalty of 50%. within ten days after their arrival in the West Indies or Great Britain, to deliver in, on oath, a true list and description of the crew on board at the time of clearing out and arrival, and of every seaman, &c. who has deserted or (11) In this license from the governor, &c. the rate of the wages allowed by him must be specified, otherwise the license will be useless. Rodgers v. Lacy, 2 Bos. & Pul. 57. |