[principal sum] at the least And shall interest thereon as aforesaid And it is 28 VICTORIA, No. 263. SCHEDULE III. FORM OF RELEASE OF MORTGAGE AND RECONVEYANCE. [To be endorsed on the Mortgage Deed.] WE the Commissioners of Savings Banks in the colony of Victoria in consideration Section 33. 28 VICTORIA, on mortgage of the lands and hereditaments within referred to and this day repaid to No. 263. us together with all interest (if any) amounting to pounds now also paid by virtue of the Act within referred to do hereby release the said lands and hereditaments and the said his heirs and assigns of and from the said principal sum and all interest now due in respect of the same And we do hereby reconvey release and grant the same premises to the said [the mortgagor or representative if dead] his heirs and assigns To hold the same unto and to the use of the said free from such principal sum and all interest thereon. in the year of Given under our common seal this day of Section 38. Section 38. (Commissioners' seal.) SCHEDULE IV. FORM OF MORtgage Deed for loan to CORPORATION Of Melbourne or Geelong. The Savings Banks Statute 1865. By virtue of "The Savings Banks Statute 1865" we the mayor aldermen councillors day of One thousand [Signature of Mayor or President.] (Seal.) SCHEDULE V. FORM OF RELEASE TO CORPORATION OF MELBourne or Geelong. [To be endorsed on Mortgage Deed.] We the Commissioners of Savings Banks in the colony of Victoria in consideration of the principal sum of pounds lent by us to the within named corporation of the city of Melbourne [town shire or borough as the case may be] and now repaid to us together with pounds interest due thereon do hereby release the said corporation and the rates and revenues thereof from the said principal sum and interest and do hereby reassign and reconvey the said rates and revenues to the said corporation. An Act to Consolidate the Law relating to Seamen. [9th May 1865.] E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows :— 1. This Act shall come into operation on the first day of June Title of Act. in the year of our Lord One thousand eight hundred and sixty-five. It shall be called and may be cited as "The Seamen Statute 1865;" and the sections thereof are arranged in Parts as follow: PART I.-Adoption of Imperial Act ss. 3-4. PART II.-Water-Police ss. 5-6. PART III.-Foreign Seamen ss. 7-16. Acts. 2. The Acts mentioned in the Schedule hereto to the extent Repeal of existing to which such Acts are in and by such Schedule expressed to be schedule. No. 245. 28 VICTORIA, repealed shall be and the same are hereby repealed, except as to anything done offences committed penalty or liability incurred privilege acquired license or certificate granted or appointment made under the said repealed Acts or any of them. Part 3 of "Merchant Shipping PART I.-ADOPTION OF IMPERIAL ACT. 3. The provisions of the Third Part of an Act of the Imperial Parliament called "The Merchant Shipping Act 1854" relating to masters and seamen are hereby applied and adapted to all British See 30 & 31 Vict. ships registered at trading with or being at any place within the Act 1854" adopted. c. 124. 287 Adoption of Acts Third Part of jurisdiction of the Government of Victoria and to the owners masters mates and crews thereof, by virtue of the power in that behalf contained in section CCLXXXVIII. of the said Act. 4. The provisions of sections thirteen to twenty-four both inclusive of an Act of the Imperial Parliament called "The Merchant Shipping Act Amendment Act 1862" by which the provisions hereinping Act 1854." before adopted are amended are hereby applied and adapted to all British ships registered at trading with or being at any place within the jurisdiction of the Government of Victoria and to the owners masters mates and crews thereof; as also the provisions of any Act of the Imperial Parliament which may be hereafter passed amending or repealing the provisions of the said Third Part of "The Merchant Shipping Act 1854" or of any amendment thereof. It shall not be lawful for any person summarily convicted by any justice under any of the provisions by this Part of this Act adopted to appeal from such conviction to any court of general sessions of the peace. Vessels may be boarded and searched. Penalty for wil fully obstructing or resisting per seamen. PART II.-WATER POLICE. 5. Any superintendent or officer of water police or any justice or constable may, with such assistance as may be required, enter on board and search any vessel entering or being within any port or harbor of Victoria, when and so often as he shall have reasonable ground for believing such search to be necessary in the execution of his duty. 6. If the master of any vessel or any other person shall resist or wilfully obstruct any superintendent of water police justice officer sons in search of of customs water-policeman constable or any of their respective assistants whilst searching for or endeavouring to secure any seaman or other person on board or reasonably suspected to be on board such vessel or in any house or place on shore, or shall rescue or attempt to rescue or assist any such seaman or other person, every such person so offending shall upon conviction before any two justices forfeit and pay for every such offence a penalty not exceeding twenty pounds for the first offence, and not less than ten nor more than fifty pounds for a second or subsequent offence; and in case of nonpayment thereof any two justices may commit the person so offending to any gaol for any term not exceeding six months with or without hard labor unless such penalty and all costs shall be sooner paid; and all penalties under this section shall be paid to and form part of the "police reward fund." PART III.-FOREIGN SEAMEN. 7. In the construction of this Part of this Act the word "vessel" shall mean any navigable ship or boat of whatever construction and whether moved by wind steam or any other power; the word "consul" shall include consul vice-consul or other consular officer or agent; the words "foreign vessels" shall include all vessels not belonging to any British possession; and the word "seaman' shall include every person (except masters pilots and apprentices) employed or engaged in any capacity on board any vessel. 28 VICTORIA, No. 245. Interpretation of terms. vessels may be 8. If any seaman belonging to any foreign vessel in any port seamen deserting harbor roadstead or river of Victoria or otherwise within the limits from foreign thereof shall desert from such vessel or otherwise abscond or absent apprehended. himself from his duty, or shall be charged with having committed any of the offences hereafter in the next section enumerated, any justice upon information on oath of the master mate or other person having charge of such vessel may issue his warrant for the apprehension of such seaman; and thereupon at the request of such master mate or other person informing as aforesaid may order such seaman to be put forcibly on board the vessel to which he may belong, or may deal with such seaman as hereinafter is provided, or may place such seaman at the disposal of the consul of the nation or state to which such vessel shall belong. soned with hard 9. Every seaman of any foreign vessel in any port harbor road- Such seamen stead or river of Victoria or otherwise within the limits thereof who may be imprishall commit any of the offences hereinafter mentioned shall, upon labor. conviction thereof before any two justices, be liable to be imprisoned with hard labor in any gaol in Victoria for periods not exceeding the periods hereinafter respectively assigned to the said offences (that is to say) : (1.) For assaulting any master or other officer of such vessel, For assaulting. a period of twelve weeks: (II.) For wilful disobedience to any lawful command of the Disobedience. master or other officer of such vessel, a period of four weeks: obedience or (III.) For continued wilful disobedience to such lawful com- Continued dismands or for continued wilful neglect of his duty as a neglect of duty. seaman of such vessel, a period of twelve weeks: neglect. (IV.) For combining with any of the crew of the vessel to Combining to (v.) For desertion from the vessel to which he belongs, a Desertion. of six months for any subsequent desertion : other mis (VI.) For drunkenness or other misconduct disabling any Drunkenness or Provided that nothing herein contained shall take away or abridge |