ACTS OF THE GENERAL ASSEMBLY. FOREIGN SEAMEN'S ACT, 1860.

Nelson Examiner and New Zealand Chronicle, Volume XX, Issue 28, 30 March 1861, Page 5 (Supplement)

ACTS OF THE GENERAL ASSEMBLY. FOREIGN SEAMEN'S ACT, 1860.

[Continued from Supplement, page 2.] 8. Penalties for Harbouring Deserters, Sfc — If any person shall knowingly and wilfully harbour, conceal, employ, or retain or assist in harbouring, concealing, employing, or retaining any seaman belonging to any such ship as aforesaid, who shall have deserted or absented himself, or refused or neglected to join, or refused to proceed to sea as aforesaid, or shall cause, induce, or persuade any such seaman by words, or by any other means whatsoever, to violate or attempt to violate any agreement which he may have entered into to serve on board any such ship as aforesaid, or shall knowingly connive at the desertion, or absence, or refusal, or neglect to join, or refusal to proceed to sea, of any such seaman, such person so offending shall for every such offence forfeit and pay a penalty not exceeding twenty pounds for the first offence, and not less than ten or more that fifty pounds for a second or subsequent offence. 9. Officer having Charge of Police may put Constables on beard Ships. — It shall De lawful for the officer having charge of the police at any port, upon the application of the master of any such ship, to place constables on board such ship to prevent desertion therefrom, and to* prohibit the approach of boats without the authority of such constables, or of the officer in charge of such ship. 10. Penalty for approaching Ship in Boat after being duly learned. — The occupier of any boat approaching any such ship without such authority as aforesaid, after being duly warned, shall forfeit and pay any sum not exceeding ten pounds for every such offence; and any seaman attempting to leave any such ship without the consent of the officer in charge thereof, may be apprehended by any constable, without warrant first obtained, and kept in safe custody, to be taken as soon as conveniently may be before some Justice of the Peace, to be dealt with according to law: Provided always, that if any seaman shall make any complaint to any constable placed as aforesaid on board any ship, a statement of such complaint shall be made by such constable as soon as conveniently may be to the officer having charge, of the police, who shall forthwith inquire into the ground of such complaint. 11. Attesting Witness of Ship's Articles need not be called. —In prosecuting under this Act, it shall not be necessary, for the purpose of proving the articles or agreements under which any such seaman shall have engaged to serve on board any such ship, to call any subscribing or attesting witness thereto, but such articles or agreement may be proved as if there was no such subscribing or attesting witness. 12. Penalties, how recoverable ; and service of Summons, how to be made. — All penalties imposed by this Act may be recovered before one or more Justices of the Peace in a summary way ; and the service of any summons or other document in any proceeding under this Act shall be good service, if made as now required by law, or if made by leaving a copy of such summons or other document for the person to be served on board any ship to which he may belong with the person being or appearing to be at the time in command or charge of such ship, and explaining to such person the purport thereof. 13. Expenses to be paid by Masters. — All expenses incidental to the prevention of desertion, apprehension, confinement, or removal of any seaman, by virtue of the powers and authority conferred by this Act, shall be paid to the officer having charge of the police by the consul, master, mate, or other person at whose instance the same shall have been incurred. 14. Provisions of this Act not to be enforced except by desire of Consul, Sfc, of Nation to which Foreign Ship may belong. — Provided always, that none of the provisions of this Act shall be enforced in respect of the masters and seamen of any foreign ships, until it shall have been signified in writing, to the Governor of New Zealand, by a consul, or some other proper officer of the government of the nation or state to which any such ship shall belong that it is the desire of such government that this Act shall be enforced in respect of the master and seamen of the ships of such nation or state. 15. After Notification in " New Zealand Gazette," this Act may be enforced. — Whenever a notification shall have been published in the New Zealand Gazette, to the effect that the provisions of this Act will be enforced in respect of the master and seamen of the ships of any foreign nation or state, the same shall be enforced accordingly, from and after a day to be fixed in such notification ; and any printed copy of the New ZeaUnd Gazette, purporting to have been printed and published by authority of the New Zealand Government, containing such notification, shall be deemed sufficient evidence that this Act may be enforced in respect of the master and seamen of any ship belonging to the nation or state to which such notification shall refer. 16. Acts of Provincial Councils on same Subject repealed. — The following Acts are hereby repealed, namely, 1. An Act passed by the Provincial Council of the Province of Auckland, session 1. No. 2, intituled "An Act for preventing Desertion, and other Misconduct of Seamen belonging to Foreign Ships." 2. An Act passed by the Provincial Council of the Province of Wellington, session 11, No. 7, intituled "An Act to prevent the Desertion of Seamen from Foreign Ships or Vessels." 17. Interpretation. —In the construction of this Act, unless there be something in the subject or context, repugnant to such construction, the word " port " shall include any roadstead, harbour, creek, or river ; and the word " «hip " every description of vessel employed on the high

seas; and the term "master" any person for the time being in command or charge of such ship ; and the word " seaman" every person except the master, employed or engaged to serve in any capacity on board auy such ship; and the words "foreign ship" all ships not entitled to be deemed British ships, under an Act of the Imperial Parliament, intituled "The Merchant Shipping Act, 1854:" and the word "consul" shall include vice-consul, and any other consular officer or agent.