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(a) either the nature and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or 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; (d) the capacity in which each seaman is to serve;

(e) the amount of wages which each seaman is to receive;

(f) a scale of the provisions which are to be furnished to each seaman; and (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 contrary to law.

Scale of provisions to be furnished to lascars.

28. (1) In the case of such agreements with lascars or other Native seamen, the scale of the provisions agreed to be furnished to each of such seamen shall not 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) Any master entering into an agreement with any lascar or other Native seaman for a scale of provisions less than the scale so fixed aud published shall be punished with fine which may extend to two hundred rupees.

Stipulation where lascars are shipped.

29. (1) Whenever it is agreed that the service of any lascar or other Native seaman shall end at any port not in British India, the agreement shall, in addition 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 on; 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.

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(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.

Forms for British or Colonial ships.

30. If the master of any ship belonging to the United Kingdom or any British possession has an agreement with his crew, made in due form according to the 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.

CHAPTER V.

HEALTH-OFFICERS.

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31. In the Indian Ports Act, 1875, after section eighteen, the following section shall be inserted, that is to say: :

Addition to Act XII. of 1875.

"18 A. The Local Government may, from time to time, appoint, at any port subject to this Act, an officer to be called the Health-officer, and may suspend or remove from office any officer so appointed.

Appointment and powers of
Health-officer.

"A Health-officer shall, subject to the control of the Local Government, 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

66

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;

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"(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 by him."

Power to appoint persons to

sue.

CHAPTER VI.

MISCELLANEOUS.

32. (1) Where any wages or expenses recoverable under section 213 of the Merchant Shipping Act, 1854, or under 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 or 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 Gazette 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.

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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."

Addition to section 11 of Act I. of 1859.

35. To section 11 of Act I. of 1859 the 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

Amendment of section 79 of Act I. of 1859.

term which

following shall be substituted, namely-"punished with fine which may extend to one thousand rupees, or with imprisonment for a

may extend to two years, or with both."

S. 34. See G. G. 1884, p. 533.

Provisions as to examinations, &c., of masters not to apply to certain ships.

37. Sections 9 to 16 (both inclusive) of Act I. of 1859 shall not apply to ships registered under Act X. of 1841 and trading between ports in India and the coasts 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 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."

sections 2, 15, 17 and 23.

1R.X/090.2 (1) 6 och IT.

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, 1883.

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, 1875, 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,
may, from time to time, direct."

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Act No. XIV. of 1883. (N. W. P. & Oudh.)

Act No. XV. of 1883. (N. W. P. & Oudh.)

5.201) Sch I

Act No. XVI. of 1883. (Repealed by Act V. of 1888)

5.461) Loch.

Act No. XVII. of 1883. (Repealed by Act X. of 1887)

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RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 11TH

OCTOBER, 1883.

An Act to amend the Cattle-trespass Act, 1871.

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WHEREAS it is expedient to amend the Cattle-trespass Act, 1871; It is hereby enacted as follows:

1. The Local Government may, from time to time, by order notified in the local official Gazette

Power for Local Government
to transfer functions of District
Magistrate or Local Government

to local authority and direct that
surplus receipts be credited to
local fund.

(a) transfer to any local authority, within any part of the

territories under its administration 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, 461, 955.

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