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(a) either the nature and, as far as practicable, the duration of the 'See 9.99468963 intended voyage or engagement, or the maximum period of the voyage or . 146. engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend ;
(b) the number and description of the crew, specifying how many are engaged as sailors ;
(c) the time at which each seaman is to be on board or to begin work;
(g) any regulations as to conduct on board, and as to fines, short allowance of provisions or other lawful punishments for misconduct, which have been sanctioned by the Governor General in Council as regulations proper to be adopted, and which the parties agree to adopt.
(2) Every such agreement shall be so framed as to admit of stipulations to be adopted at the will of the master and seaman in each case (not being inconsistent with the provisions of any enactment for the time being in force relating to Merchant Shipping), as to advance of wages and supply of warm clothing, and may contain any other stipulations which are not coutrary to law. 28. (1) In the case of such agreements with lascars or other Native
seamen, the scale of the provisions agreed to Scale of provisions to be fur
be furnished to each of such seamen shall not nished to lascars.
be less than a scale to be, from time to time, fixed and published by the Local Government with the previous sanction of the Governor General in Council.
(2) Åny master entering into an agreement with any lascar or other Native seaman for a scale of provisions less than the scale so fixed and published shall be punished with fine which may extend to two hundred rupees. 29. (1) Whenever it is agreed that the service of any lascar or other
Native seaman shall end at any port not in Stipulation where lascars are
British India, the agreement shall, in addition shipped.
to the particulars specified in section twentyseven, contain a stipulation that fit employment shall be provided for him on board some other ship bound to the port at which he was shipped, or such other port in British India as may be agreed op ; or
that a passage shall be provided for him to some port in British India free of charge, or on such other terms as may be agreed on.
(2) Every such stipulation shall be signed by the owner of the ship, or by the master on his behalf.
S. 28.-See G. G. 1884, p. 533 ; Ib. 1885, p. 740.
(3) In this section the word “seaman '' shall include also any Native of British India carried to sea from any port in British India as one of the crew of a ship. 30. If the master of any ship belonging to the United Kingdom or
any British possession has an agreement with Forms for British or Colonial
his crew, made in due form according to the ships.
law of the place to which the ship belongs, or in which her crew were engaged, and engages a single seaman, not being. a lascar or other Native seaman, in any port in British India, the seaman may sign the agreement so made, and it shall not be necessary for him to sign an agreement under this Act.
12. 8/89 saly scan 31. In the Indian Ports Act, 1875, after section eighteeri
, the following section shall be inserted, that is to Addition to Act XII. of 1875.
say : “18 A. The Local Government may, from time to time, appoint, at
any port subject to this Act, an officer to be Appointment and powers of called the Health-officer, and may suspend or Health-officer.
remove from office
officer so appointed. “A Health-officer shall, subject to the control of the Local Goverument, have the following powers within the limits of the port for which he is appointed, that is to say :
“(a) with respect to any ship, the powers conferred on a Shipping
Master by Act I. of 1859, section 71; “(b) power to enter on board any ship and medically examine all
or any of the seamen or apprentices on board the ship; "(c) power to require and enforce the production of the log-book
and any other books, papers or documents which he thinks necessary for the purpose of enquiring into the health and
medical condition of the persons on board the ship; "(d) power to call before him and examine for any such purpose
all or any of those persons and to require answers to any
inquiries he thinks fit to make; " (e) power to require any person so examined to make and
subscribe a declaration of the truth of the statements made
MISCELLANEOUS. 32. (1) Where any wages or expenses recoverable under section 213
of the Merchant Shipping Act, 1851, or under Power to appoint persons to section 16 of the Merchant Shipping Act
Amendment Act, 1855, are, under the same sections, a charge upon any ship, or recoverable from any master, owner other person, within the jurisdiction of any Court in British India, the Governor General in Council may, from time to time, by notification in the Guzette of India, authorize, either generally or specially, such persons as he thinks fit to sue for and recover, in manner in the Merchant Shipping Act, 1854, section 213, provided, those wages or expenses.
(2) Every person so authorized shall be entitled to sue and recover accordingly in any such Court, and shall be deemed to be a person filling a public office within the meaning of the Indian Evidence Act, 1872, section 57, clause 7.
33. All suits and proceedings under Proceedings to be instituted in
section thirty-two shall be instituted and carname of Secretary of State for India in Council.
ried on in the name of the Secretary of State for India in Council.
34. In section 10 of Act I. of 1859, for Amendment of section 10 of
the words "Fees at the following rates shall Act I. of 1859.
be paid by all applicants for examination : For a certificate as master Ditto ditto
five the following shall be substituted, namely:-"Fees at such rates as the Local Government may, from time to time, with the previous sanction of the Governor General in Council, fix in this behalf shall be paid by all applicants for examination.”
Ardition to section 11 of Act I. 35. To section 11 of Act I. of 1859 the of 1859.
following shall be added, namely :- Provided that the Local Government may, in any case in which it has reason to believe that such report has been unduly made, require, before granting a certificate, a re-examination of the applicant or a further inquiry into his testimonials and character.” 36. For the last fifteen words of section 79 of Act I. of 1859, the
following shall be substituted, namely--punAmendment of section 79 of
ished with fine which may extend to one Act I. of 1859.
thousand rupees, or with imprisonment for a term which may extend to two years, or with both.”
S. 34.–See G. G. 1884, p. 533.
37. Sections 9 to 16 (both inclusive) of Act I. of 1859 shall not apply Provisions as to examinations,
to ships registered under Act X. of 1841 and &c., of masters not to apply to trading between ports in India and the coasts certain ships.
of Arabia, when such ships are navigated and manned exclusively by Arabs, lascars or other Asiatic masters and seamen. 38. In sections 2, 15, 17 and 23 of the said Act X. of 1841, for the
words “on information in any Court of Her Amendment of Act X. of 1841, Majesty or the East India Company by the sections 2, 15, 17 and 23.
Advocates General of the respective Presidencies," “by information as aforesaid," "on information as aforesaid,"
upon information as aforesaid” in each of the places where they occur, the following words shall be substituted, namely :-"on conviction before a Presidency Magistrate or a Magistrate of the first class.”
Act No. VI. of 1883. (Bengal.)
Act No. VII. of 1383. (Burma.)
Act No. VIII. of 1883. (Burma.)
Act No. IX. of 1883. (Central Provinces.)
Act No. X. of 1883. (Oudh.)
Act No. XI. of 1883.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 25th July,
An Act to give power to reduce port-dues in the port of Bombay.
Whereas the rate of port-dues leviable under the Indian Ports Act, 1873, on vessels entering the port of Bombay cannot, consistently with the entry in the third column of the first schedule of that Act in respect of the said port, be fixed at less than two annas per ton, and whereas, having regard to the present receipts and charges on account of that port, the rate of two annas per ton is unnecessarily high, and it is not expedient that a limit should be placed to the reduction of port-dues in the said port; It is hereby enacted as follows:
In the Indian Ports Act, 1875, first schedule, for the first entry in the third column in respect of the port of Bombay, the following shall be substituted :
"Not exceeding four annas per ton for each class of vessels as the
Trustees incorporated under the Bombay Port Trust Act, 1879,
Act No. XII. of 1883. (Burma.)
Act No. XIII. of 1883. (Punjab.)
Act No. XIV. of 1883. (N. W. P. 8 Oudh.)
Act No. XV. of 1883. (N. W. P. 8. Oudh.)
Act No. XVI of 1883.
5. 2011 - Schi (Repealed by Act V. of 1888.)
5.4(1) koch. Act No. XVII. of 1883. (Repealed by Act X. of 1887)
Act No. XVIII. of 1883. k. 1916
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 11TH
in the local official Gazette-
territories under its administra-
tion in which the Cattle-trespass Act, 1871, is in operation, all or any of the functions of the Local Government or the Magistrate of the district under that Act, within the local area subject to the jurisdiction of the local authority; or
Act XVIII., S. 1. -See G. G. 1887, pp. 44, 270, 273, 161, 955.