NOTICE.

Provincial Secretary’s Office,
Wellington, 16th May, 1859.

WHEREAS a certain portion of the Third Part of the “Merchant Shipping Act 1854” containing, amongst others, clauses 237, 238 and 246, has been brought into operation within this Colony by the “Merchant Shipping Act, 1854, Adoption Act,” passed by the General Assembly in 1858;—the clauses above cited are published for general information, viz:—

Clause 237th—Every Person who, not being in Her Majesty’s Service, and not being duly authorised by law for the purpose, goes on board any ship about to arrive at the place of her destination, before her actual arrival in Dock or at the place of her discharge, without the permission of the Master, shall for every such offence incur a penalty not exceeding Twenty pounds, and the Master or person in charge of such ship may take any such person so going on board as aforesaid into custody, and deliver him up forthwith to any Constable or Peace officer, to be by him taken before a Justice or Justices or the Sheriff of the County in Scotland, and to be dealt with according to the Provisions of this Act.

Clause 238th—If, within twenty-four hours after the arrival of any ship at any Port in the United Kingdom, any person then being on board such ship solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such ship any effects of any seaman, except under his personal direction and with the permission of the Master, he shall for every such offence incur a penalty not exceeding Five pounds.

Clause 246th—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 serve 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 Consignee, may, in any place in Her Majesty’s Dominions, with or without the assistance of the Local Police Officers or Constables, who are hereby directed to give the same, if required, and also at any place out of Her Majesty’s Dominions, if and so far as the laws in force at such place will permit, apprehend him without first procuring a Warrant; and may therefore in any case, and shall in case he so requires and it is practicable, convey him before some Court capable of taking cognizance of the matter, to be dealt with according to law; and may, for the purpose of conveying him before such Court, detain him in Custody for a period not exceeding Twenty-four hours or such shorter time as may be necessary, or may, if he does not so require, or there is no such Court at or near the place, at once convey him on board; and if any such apprehension appears to the Court before which the case is brought to have been made on improper or insufficient grounds, the Master, Mate, Owner, Ship’s Husband, or Consignee who makes the same, or causes the same to be made shall incur a Penalty not exceeding Twenty pounds; but such Penalty, if inflicted, shall be a Bar to any Action for false Imprisonment in respect of such Apprehension.

WILLIAM FITZHERBERT,
Provincial Secretary.

[Printed by McKenzie & Muir.]