Merchant Seamen - A copy of the 8th and 9th Vict., c. 116, being " An Act for the protection of seamen entering on board merchant ships,' passed 8th August, 1845, was placed in our hands a few days since.

This Act of the Imperial Parliament, although a very short one, and which is only " understood to include every description of seagoing, trading, or passage vessel, lying and being within the United Kingdom of Great Britain and Ireland," has attracted considerable attention in England. Its chief object appears to be to put down "crimps."

The bill came into operation on the 1st day of September last, and from and after that period

" The Board of Trade might license persons to procure seamen for merchant ships, the parties receiving such license, for such period, upon such terms. and upon such security being given, and shall be revocable upon such conditions, as the Lords of the said Committee may at any time or times appoint."

By the third clause of the Act it is enacted that no person not duly licensed or interested in the ship as "owner, part owner, master, or person in charge, &c.," shall be concerned in procuring seamen to be entered ; and with respect to register tickets. that "no person, whether licensed or not, other than the owner, part owner, master, or person in charge of a merchant ship, or the ship's husband, shall demand or obtain the register ticket of any seaman for the purpose or under the pretence of engaging him on board of any merchant ship."

The fourth clause enacts, that no person interested in the ship, as above enumerated, shall knowingly receive seamen hired contrary to the provisions of the Act ; and the penalty for each offence is fixed at, " not exceeding twenty pounds." Any licensed person employing a person not licensed for the purposes of shipping or engaging seamen for a merchant ship is subject to a penalty of twenty pounds, and to forfeiture of his license.

The seventh clause of the Act prohibits the payment of wages in advance, or of giving "advance notes" until six hours shall have elapsed after the signing by the seamen of the ship's articles, and any payments made before the prescribed period, are declared to be null and void, and the seamen may recover the sum as if such advance or payment had not been made.

The eighth clause enacts, " that if any person shall demand or receive from any seaman, or from any person, other than the owner, &c., &c, requiring seamen, any remuneration, either directly or indirectly, for and on account of the hiring, supplying, or providing, any such seaman, he shall forfeit for every such offence a sum not exceeding five pounds.

The ninth clause provides that persons shall not be admitted on board merchant vessels before their arrival in dock or at the place of discharge, without permission or convent of the master or person an charge of such vessel. Parties offending are liable to be taken into custody and delivered into the charge of any constable or peace officer, and subsequently to forfeit and pay any sum not exceeding twenty pounds.

The tenth and eleventh clauses deserve attention here : the tenth clause enacts, " that if any person shall, on board any merchant ship, within twenty. four hours of her arrival at any port as aforesaid, solicit any seaman to become a lodger at the house of any person not so licensed as aforesaid, and letting lodgings for hire, or shall take from and out of such ship, any chart, bedding, or other effects of any seaman, except under the personal direction of such seaman, and without having the permission of the master or person in charge of such ship, he shall be liable to forfeit and pay for every such offence, the sum of five pounds.

The eleventh clause, which was before alluded to, would, if brought into operation here, prevent spoliation, now carried on to a large extent by crimps in this port. The clause enacts "That if any person shall demand or receive of and from any seaman ; payment in respect of his board and lodging in the house of such person, for a longer period than such seaman shall have actually resided and boarded therein, or shall receive or take into his possession, or under his control, any moneys, documents, or effects of any seaman, or shall not return the same, or pay the value thereof when required so to do by such seaman, after deducting there from what shall be justly due and owing in respect of the board and lodging of such seaman, he shall forfeit and pay a sum not exceeding ten pounds over and above the amount and value of such moneys, documents, &c.

The proceedings under the Act are summary, and before any two justices, who have power to grant " reasonable " time for payment of forfeitures and penalties. In default the two justices have power to commit the offender to the common gaol or house of correction for any term not exceeding six calendar months, with or without hard labour, at the discretion of the justices. The seaman does not receive any pecuniary advantage from this Act, one moiety of the penalty imposed goes to the informer, the other to the Seamen's Hospital Society.

^ back to top ^