The Short Title of this Act is “The Shipping and Seamen’s Act 1877 Amendment Act, 1885.”

“The Shipping and Seamen’s Act, 1877” (herein referred to as “the said Act,”) is hereby amended as follows, that is to say:—

In section one hundred and fifty-two of the said Act the words “masters and mates” shall be omitted, and the words “masters, mates, and engineers” shall be substituted in their place.

In section two hundred and one of the said Act the words “but not further or otherwise” shall be omitted, and in lieu thereof there shall be inserted the words “and also the provisions relating to the employment on any such steamship of a master, mate, or engineer holding a certificate of competency or service.”

In section two hundred and twenty-three of the said Act, after the words “permission in writing of a surveyor,” there shall be inserted the words “or other person appointed by the Minister.”

The said Act shall be read as if the foregoing amendments had originally been enacted therein.

After the first day of January, one thousand eight hundred and eighty-six, any document authorizing or promising, or purporting to authorize or promise, the future payment of money on account of a seaman’s wages conditionally on his going to sea from any port in the colony, and made before those wages have been earned, shall be void.

No money paid in satisfaction or in respect of any such document shall be deducted from a seaman’s wages, and no person shall have any right of action, suit, or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.

Nothing in this section shall affect any allotment note made under the said Act.

Every agreement with a seaman which is required by the said Act to be made in the form sanctioned by the Minister, shall, if the seaman so require, stipulate for the allotment of any part not exceeding one half of the wages of the seaman in favour of one or more of the persons mentioned in section fifty-seven of the said Act, as amended by this section.

The allotment may also be made in favour of a Post Office Savings Bank, and in that case shall be in favour of such persons and carried into effect in such manner as may be for the time being directed by regulations of the Minister, and section fifty-seven of the said Act shall be construed as if the said persons were named therein.

The sum received in pursuance of such allotment by a savings bank shall be paid out only on an application made, through a superintendent of a mercantile marine office or the Minister, by the seaman himself, or, in case of death, by some person to whom the same might be paid under section eighty-four of the said Act.

A payment under an allotment note shall begin at the expiration of one month, or, if the allotment is in favour of a savings bank, of three months, from the date of the agreement, or at such later date as may be fixed by the agreement, and shall be paid at the expiration of every subsequent month, or of such other periods as may be fixed by the agreement, and shall be paid only in respect of wages earned before the date of payment.

In the case of foreign-going ships—

The owner or master of the ship shall pay to each seaman on account, at the time when be lawfully leaves the ship at the end of his engagement, two pounds, or one-fourth of the balance due to him, whichever is least, and shall pay him the remainder of his wages within two clear days (exclusive of any Sunday or public holiday) after be so leaves the ship.

The master of the ship may deliver the account of wages mentioned in section fifty-nine of the said Act to the seaman himself at or before the time when be leaves the ship instead of delivering it to a superintendent of a mercantile marine office.

If the seaman consents, the final settlement of his wages may be left to the superintendent of a mercantile marine office under regulations to be made by the Minister, and the receipt of the superintendent shall in that case operate as a release by the seaman under section sixty-three of the said Act.

In the event of the seaman’s wages or any part thereof not being paid or settled as in this section mentioned, then, unless the delay is due to the act or default of the seaman, or to any reasonable dispute as to liability, or to any other cause not being the act or default of the owner or master, the seaman’s wages shall continue to run and be payable until the time of the final settlement thereof.

Where a question as to wages is raised before the superintendent of a mercantile marine office between the master or owner of a ship and a seaman or apprentice, if the amount in question does not exceed five pounds, the superintendent may adjudicate, and the decision of the superintendent in the matter shall be final; but if the superintendent is of opinion that the question is one which ought to be decided by a Court of law he may refuse to decide it.

Where a ship is about to arrive, is arriving, or has arrived at the end of her voyage, every person, not being in Her Majesty’s service or not being duly authorized by law for the purpose, who—

shall for every such offence be liable on summary conviction to a fine not exceeding twenty pounds, or, at the discretion of the Court, to imprisonment for any term not exceeding six months; and the master of the ship or any officer of the Marine Department or Customs may take him into custody and deliver him up forthwith to a constable to be taken before a Court or Magistrate capable of taking cognizance of the offence, and dealt with according to law.

A seaman shall not be entitled to the rating of A.B.—that is to say, of an able-bodied seaman—unless be has served at sea for four years before the mast, but the employment of fishermen in registered decked fishing vessels shall only count as sea service up to the period of three years of such employment: and the rating of A.B. shall only be granted after at least one year’s sea service in a trading vessel in addition to three or more years’ sea service on board of registered decked fishing vessels.

Such service may be proved by certificates of discharge or by other satisfactory proof.

Nothing in this section shall affect a seaman who has been rated and has served as A.B. before the passing of this Act.

Where a proceeding is instituted in or before any Court in relation to any dispute between an owner or master of a ship and a seaman or apprentice to the sea service, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the Court, if, having regard to all the circumstances of the case, they think it just so to do, may rescind any contract between the owner or master and the seaman or apprentice, or any contract of apprenticeship, upon such terms as the Court may think just, and this power shall be in addition to any other jurisdiction which the Court can exercise independently of this section.

For the purposes of this section, the term “Court” includes any Magistrate or Justice having jurisdiction in the matter to which the proceeding relates.

It shall be lawful for the municipal authority of any seaport town to pass by-laws for the licensing of seamen’s lodging-houses, for the periodical inspection of the same, for the granting to the persons to whom such licenses are given the authority to designate their houses as seamen’s licensed lodging-houses, and for prescribing the penalties for the breach of the provisions of the by-laws: Provided always that no such by-laws shall take effect till they have received the approval of the Minister.

A seaman or apprentice to the sea service shall not be liable to imprisonment for deserting or for neglecting or refusing without reasonable cause to join his ship or to proceed to sea in his ship, or for absence without, leave at any time within twenty-four hours of his ship’s sailing from any port, or for absence at any time without leave and without sufficient reason from his ship or from his duty.

Whenever either at the commencement or during the progress of any voyage any seaman or apprentice neglects or refuses to join or deserts from or refuses to proceed to sea in any ship in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master or any mate, or the owner, ship’s husband, or agent may, with or without the assistance of the local police officers or constables, who are hereby directed to give the same, if required, convey him on board: Provided that if the seaman or apprentice so requires he shall first be taken before some Court capable of taking cognizance of the matters to be dealt with according to law; and that if it appears to the Court before which the case is brought that the seaman or apprentice has been conveyed on board or taken before the Court on improper or insufficient grounds, the master, mate, owner, ship’s husband, or agent, as the case may be, shall incur a penalty not exceeding twenty pounds, but such penalty, if inflicted, shall be a bar to any action for false imprisonment.

If a seaman or apprentice to the sea service who has engaged to serve on a voyage commencing in the colony intends to absent himself from his ship or his duty, he may give notice of his intention either to the owner or to the master of the ship, not less than forty-eight hours before the time at which he ought to be on board his ship; and in the event of such notice being given, the Court shall not exercise any of the powers conferred on it by section one hundred and twenty-nine of the said Act.

Subject to the foregoing provision of this section, the powers conferred by section one hundred and twenty-nine of the said Act may be exercised, notwithstanding the abolition of imprisonment for desertion and similar offences, and of apprehension without warrant.

Nothing in this section shall affect section one hundred and seventeen of the said Act.

The enactments described in the Schedule to this Act shall be repealed as from the commencement of this Act.

Provided that this repeal shall not affect—

Anything duly done or suffered before the commencement of this Act under any enactment hereby repealed; or

Any right or privilege acquired or any liability incurred before the commencement of this Act, under any enactment hereby repealed; or

Any imprisonment, fine, or forfeiture or other punishment incurred or to be incurred in respect of any offence committed before the commencement of this Act, under any enactment hereby repealed; or

The institution or prosecution to its termination of any investigation or legal proceeding, or any other remedy for prosecuting any such offence, or ascertaining, enforcing, or recovering any such liability, imprisonment, fine, forfeiture, or punishment as aforesaid, and any such investigation, legal proceeding, and remedy may be carried on as if this repeal had not been enacted.